Hazardous Material Shipper Fees Reduced By PHMSA

The Pipeline and Hazardous Materials Safety Administration (PHMSA), US DOT has announced a temporary reduction in registration fees it charges hazardous material shippers. Due to an unexpended balance that has accumulated in the Hazardous Materials Emergency Preparedness (HMEP) Fund, PHMSA is lowering the registration fees for registration year 2013-2014 for all persons that transport or offer for transportation in commerce certain categories and quantities of hazardous materials.

For registration year 2013-2014 the fee for a small business or not-for-profit organization is revised to be $125 (plus a $25 processing fee), and for all other businesses the fee is $1300 (plus a $25 processing fee). After the 2013-2014 registration year, the registration fees will return to 2012-2013 registration year levels. PHMSA is issuing this final rule without a prior notice of proposed rulemaking and the final rule is effective immediately.


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Petition Denied To Review Chromium Air Emission Limits

Environmental Protection Agency (EPA) has issued notice that the agency is denying a petition for reconsideration of air emission standards for certain types of electroplating, anodizing tanks, steel pickling process facilities and acid regeneration plants.

A final rule published in the Federal Register on September 19, 2012 that established new emission limits for hard and decorative chromium electroplating and chromium anodizing tanks, and steel pickling-HCl process facilities and hydrochloric acid regeneration plants. After publication of the rule, EPA received a petition for reconsideration of the final rule from the National Association of Surface Finishers (NASF). The EPA denied the petition because in agency’s opinion, it failed to meet the criteria for reconsideration in CAA section 307(d)(7)(B).

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Small Container Excemption For Some Painting Operations Approved In Illinois

EPA has approved a revision to the Illinois State Implementation plan (SIP) submitted by the Illinois Environmental Protection Agency (Illinois EPA) on November 14, 2011. The revision amended Illinois Administrative Code by adding a "small container exemption" for pleasure craft surface coating operations in the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. EPA concluded that these exemptions were consistent with EPA volatile organic compound (VOC) reasonably available control technology (RACT) policy.

As background, in 2010 and 2011 Illinois promulgated rules on VOC RACT emission limitations for coating operations. During that rulemaking, the American Coatings Association (ACA) commented to Illinois EPA that many VOC coating regulations include a small container exemption not to exceed a liter or a quart. The ACA stated that the basis for these exemptions is to allow for small repairs and touch ups to existing coatings at the end of the painting line to avoid having to completely recoat the product, thus resulting in lower VOC emissions overall from pleasure craft coating operations.

EPA found the exemption was consistent with Illinois RACT rules for similar coating operations, including can, coil, vinyl, metal furniture, and magnet wire coatings. EPA agreed with Illinois EPA and ACA that the exemption may reduce VOC emissions by encouraging repairs and touch ups, as opposed to performing complete re-coats.

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Rule To Exclude Chemical As VOC Withdrawn

EPA is withdrawing a direct rule it had published in the Federal Register on February 15, 2013, to revise the definition of VOCs for purposes of preparing SIPs to attain the NAAQS for ozone under title I of the CAA.

EPA published a direct final rule that excluded trans 1-chloro-3,3,3-trifluoroprop-1-ene from the definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone under title I of the Clean Air Act (CAA). The substance was proposed to be excluded from the definition of VOCs based on EPA’s determination that the compound makes a negligible contribution to tropospheric ozone formation.

However, because EPA received one adverse comment to the proposed rule, they are withdrawing the direct final rule effective April 18, 2013. The proposed rule will now go through normal rulemaking processes and all public comments that were received will be addressed in a final rulemaking action based on the proposed rule.

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Air Emission Rules For Wool Fiberglass Production Subpart NN

US EPA is proposing chromium and particulate matter (for metals) standards for wool fiberglass gas-fired glass-melting furnaces at area sources and to add these sources to the category list in the Urban Air Toxics Strategy. EPA is also proposing amendments to the existing major source rules for Mineral Wool and Wool Fiberglass which were published on November 25, 2011.

While subpart NNN applies to wool fiberglass manufacturing facilities that are major sources, EPA proposed rule would apply to gas-fired glass-melting furnaces only located at wool fiberglass manufacturing facilities that are area sources (subpart NN). Comments on the proposed rule must be received on or before May 30, 2013.

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Startup, Shutdown, and Malfunction SIP Call Comment Period Extended

The EPA has announced an extension of the public comment period for its proposal rule "State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction." The EPA received numerous requests for extension of the comment period beyond the current deadline of April 11, 2013, and one request that it not extend the comment period by an additional 60 to 90 days, and in response to those requests the EPA is extending the comment period by an additional 30 days.

Comments on the proposed rule published February 22, 2013 must be received on or before May 13, 2013.

Click here to read a summary of the proposed rule on excess emissions during start-up, shutdown and malfunction

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