Thursday, December 23, 2010

Greenhouse Gas Permiting in AZ, AR, ID, KS, OR, WY & TX

U.S. Environmental Protection Agency (EPA) has proposed the final series of actions that will ensure that the largest industrial facilities can get Clean Air Act permits that cover greenhouse gas (GHG) emissions beginning in January 2011. The first set of actions will give EPA authority to permit GHGs in seven states (Arizona, Arkansas, Florida, Idaho, Kansas, Oregon, and Wyoming) until the state or local agencies can revise their permitting regulations to cover these emissions. EPA is taking additional steps to disapprove part of Texas' Clean Air Act permitting program and the agency will also issue GHG permits to facilities in the state. These actions will ensure that large industrial facilities will be able to receive permits for greenhouse gas emissions regardless of where they are located.

In the second set of actions, EPA has issued final rules that will ensure that there are no federal laws in place that require any state to issue a permit for GHG emissions below levels outlined in the tailoring rule.

Beginning in January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHGs emissions. EPA will propose standards for power plants in July 2011 and for refineries in December 2011 and will issue final standards in May 2012 and November 2012, respectively.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Tuesday, December 21, 2010

Confidential Business Information Proposal Under GHG Reporting Requirements

The U.S. Environmental Protection Agency (EPA) is proposing actions under the greenhouse gas (GHG) reporting program to address issues about the public availability of certain confidential business information (CBI) data. The total emissions for each facility is still required to be reported to EPA and released to the public.

EPA is soliciting comments about claims of business sensitivity regarding inputs to emissions equations and proposing to defer the deadline for reporting that data until March 2014. The new information and reporting deferral would allow EPA to assess the issue and make final decisions on how to treat the data elements in question. The proposals still require that facilities retain these data so that EPA may directly follow up with facilities through on-site audits.

EPA is taking comment on the proposal to delay reporting of sensitive data for 30 days after publication in the Federal Register, or 45 days if a hearing is requested, and is accepting comments in response to EPA’s request for information for 60 days after publication in the Federal Register.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Friday, December 17, 2010

NESHAP Mercury Limits For Mining and Processing of Gold Ore

On December 16, 2010, the U.S. Environmental Protection Agency (EPA) promulgated National Emissions Standards for Hazardous Air Pollutants (NESHAP) for gold ore processing and production facilities, the seventh largest source of mercury air emission in the US.EPA estimates the final rule will reduce mercury emissions by 1,460 pounds per year, or about a 77 percent reduction from 2007 levels.

There are more than 20 gold ore processing facilities in the US; some facilities in Nevada, including some of the largest gold ore processing facilities, have already made progress toward the proposed reductions under the Nevada Mercury Air Emissions Control Program, which requires controls at precious metal mining facilities.

The final rule establishes mercury emissions limits for four types of processes found at gold production facilities: ore-pretreatment processes; carbon processes with mercury retorts; carbon processes without mercury retorts; and non-carbon concentrate processes. The final emissions limits are based on the existing emissions level of the best-performing U.S. facilities, which are well-controlled for mercury. At full implementation, these limits are estimated to reduce mercury emissions by 0.73 tons per year from current emissions levels.

The Clean Air Act requires EPA to identify and, develop regulations for, the sources of 90 percent of the air emissions of seven pollutants known as persistent, bioaccumulative pollutants. The seven pollutants are: mercury, alkylated lead compounds, polycyclic organic matter (POM), hexachlorobenzene, polychlorinatedbiphenyls (PCBs), 2,3,7,8- tetrachlorodibenzofurans (TCDF) and 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD). EPA identified gold processing and production as one of these sources in 2008.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, compliance with NESHAP and other air emission requirements requirements, and preparing cost-effective EH&S management programs.

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Thursday, December 16, 2010

Toxic Release Inventory TRI Reporting Summary 2009

U.S. Environmental Protection Agency (EPA) has released its annual national analysis of the Toxics Release Inventory (TRI) for reporting year 2009. In 2009, 3.37 billion pounds of toxic chemicals were released into the environment, a 12% decrease from 2008. The analysis, which includes data on approximately 650 chemicals from more than 20,000 facilities, found that total releases to air decreased 20% since 2008, and releases to surface water decreased 18%, and to land 4% since 2008.

The EPA analysis shows decreases in the releases of persistent, bioaccumulative, and toxic (PBT) chemicals including lead, dioxin, and mercury. Total disposal or other releases of mercury decreased 3% and total disposal or other releases of both dioxin and lead decreased by 18%. Seven percent few facilities reported to TRI from the previous year, continuing a trend from the past few years.

EPA added 16 chemicals to the TRI list of reportable chemicals in November. [read more about new chemicals added to TRI reporting] These chemicals are reasonably anticipated to be human carcinogens, and represent the largest chemical expansion of the program in a decade. Data on the new TRI chemicals will be reported by facilities on July 1, 2012.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of EPCRA 313 Toxic Release Inventory reports, developing chemical tracking procedures, and preparing cost-effective EH&S management programs.


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Wednesday, December 15, 2010

Saccharin Removed From CERCLA List of Hazardous Substances

U.S. Environmental Protection Agency (EPA) has removed saccharin, a common artificial sweetener, and its salts from the list of hazardous substances. Saccharin was a listed CERCLA hazardous substance and had a reportable quantity (RQ) of 100 pounds; saccharin is also listed as a chemical subject to EPCRA 313 (SARA 313) toxic release inventory (TRI) reporting.

Saccharin was labeled a potentially cancer-causing substance in the 1980s. In the late 1990s, the National Toxicology Program and the International Agency for Research on Cancer re-evaluated the available scientific information on saccharin and its salts and concluded that it is not a potential human carcinogen. Because the scientific basis for remaining on EPA’s lists no longer applies, the agency has removed saccharin and its salts from its lists.

EPA proposed the removal of saccharin and its salts from the lists on April 2010 and did not receive any comments opposing the proposal.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Tuesday, December 7, 2010

EPA Requests Additional Time To Revise Boiler MACT

U.S. Environmental Protection Agency (EPA) is seeking an extension in the current court-ordered schedule for issuing air emissions rules for large and small boilers and solid waste incinerators, commonly referred to as the Boiler MACT.

In order to meet a court order requiring the EPA to issue final rules in January 2011, the agency proposed standards in April 2010. During public comment, EPA received information from industry on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler-types. After reviewing the data and public comments, the agency believes it is appropriate to issue a revised proposal that reflects the new data and allows for additional public comment.

EPA is under a current court order to issue final rules on January 16, 2011 and is seeking in its motion to the court to extend the schedule to finalize the rules by April 2012.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Sunday, December 5, 2010

CERCLA EPCRA Reporting Exemption For Hazardous Substance Releases From Farms

On December 18, 2008, EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms ("Final Rule").

The Final Rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA). On January 15, 2009, Waterkeeper Alliance, Sierra Club, the Humane Society of the United States, Environmental Integrity Project, the Center for Food Safety, and Citizens for Pennsylvania's Future filed a Petition for review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. On March 17, 2009, the National Pork Producers Council filed its Petition for Review challenging a portion of the Final Rule that amended the EPCRA regulations. The two cases were consolidated. On Feburary 11, 2009, the National Chicken Council, National Turkey Federation, and U.S. Poultry & Egg Association moved to intervene on behalf of EPA to assert their interests in the Final Rule.

Since August 25, 2009, the case has been held in abeyance so that the Parties could participate in the D.C. Circuit Mediation Program. The mediation process did not resolve the issues raised by all of the parties, but it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacature of the Final Rule during the reevaluation period.


Caltha LLP provides specialized expertise to clients nationwide on Toxic Release reporting under CERCLA and EPCRA, and Tier 2 reporting under EPCRA 311 and 312, and EPCRA 313 Toxic Release Inventory Reporting.


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Residual Risk and Technology Review For Group I Polymers and Resins

Portions of the residual risk and technology review (RTR) for Group I Polymers and Resins (P&R I)has been finalized. The proposed NESHAP RTR for Group I Polymers and Resins (subpart U) was signed on September 14, 2010 and the final rule must be signed before June 30, 2011. P&R I covers nine source categories that produce elastomers. Final RTR decisions have already been made for four of the source categories.

For the other five source categories, EPA has proposed that the current Maximum Achievable Control Technology (MACT) standards provide ample margin of safety and that there have been no advancements in technologies. EPA has also proposed to eliminate exemptions for periods of startup, shutdown and malfunction. Finally, EPA has proposed new standards for significant emission points not previously regulated at five of the nine source categories.

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NESHAP Residual Risk and Technology Review for Chromium Electroplating and Steel Pickling

US EPA is in the early stages of conducting its Residual Risk and Technology Review (RTR) for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hard and Decorative Chromium Electroplating, Chromium Anodizing, and Steel Pickling sector (subparts N and CCC).

EPA has finalized how the agency will address the residual risk and technology reviews conducted for the two national emission standards for hazardous air pollutants (NESHAP). The two NESHAPs include 6 source categories. The review also addresses provisions related to emissions during periods of startup, shutdown, and malfunction. Additionally, EPA has finalized changes to correct editorial errors, makes clarification, and addresses issues with implementation.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Saturday, December 4, 2010

States Identified For Greenhouse Gas Permitting Program Updates

Working with the states, the U.S. Environmental Protection Agency (EPA) is moving forward with its plan to require certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These updates are required to ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s “Tailoring Rule”.

EPA has identified 13 states that need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include:
Arizona, Arkansas., California, Connecticut, Florida., Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

The Clean Air Act requires states to develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.

In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources are not covered by these GHG permitting requirements.

Related links:
GHG Tailoring Rule

Greenhouse Gas (GHG) permitting information

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Monday, November 22, 2010

Final Geologic Sequestration Rules - Class VI Injection Well

U.S. Environmental Protection Agency (EPA) finalized two rules related to the capture and sequestration of carbon dioxide. Carbon capture and sequestration (CCS) technologies have the potential to enable large emitters of carbon dioxide to significantly reduce greenhouse gas emissions. This technology allows carbon dioxide to be captured at stationary sources and injected underground for long-term storage in a process called geologic sequestration. The new rules aim to protect drinking water and to track the amount of carbon dioxide that is sequestered from facilities that carry out geologic sequestration.

Drinking Water Protection:
EPA finalized a rule that sets requirements for geologic sequestration of carbon dioxide, including the development of a new class of injection well called Class VI, established under EPA’s Underground Injection Control (UIC) Program. The rule requirements are designed to ensure that wells used for geologic sequestration of carbon dioxide are appropriately sited, constructed, tested, monitored, and closed. The UIC Program was established under the authority of the Safe Drinking Water Act.

Greenhouse Gas Reporting:
EPA also finalized a rule on the greenhouse gas reporting requirements for facilities that carry out geologic sequestration. Information gathered under the Greenhouse Gas Reporting Program will enable EPA to track the amount of carbon dioxide sequestered by these facilities. The program was established in 2009 under authority of the Clean Air Act and requires reporting of greenhouse gases from various source categories in the United States.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Tuesday, November 16, 2010

Guidance On Storing Ethanol Fuels and Biodiesel In Underground Storage Tank Systems

To help ensure that biofuels, such as ethanol and biodiesel, are safely stored in underground storage tanks (USTs), the U.S. Environmental Protection Agency (EPA) released draft guidance for UST owners and operators who wish to store these fuels. EPA is requesting comments on the proposed guidance that clarifies how an UST owner or operator can comply with the federal compatibility requirement for UST systems storing gasoline containing greater than 10 percent ethanol, and diesel containing a percent of biodiesel yet to be determined. After reviewing comments, EPA intends to issue the final guidance in early 2011.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Monday, November 15, 2010

FTC Green Guides Revision Proposed - Renewable Energy, Renewable Materials Claims

The Federal Trade Commission (FTC) has proposed revisions to the guidance for marketers to help them avoid making misleading environmental claims. The proposed changes are designed to update the Guides and make them easier for companies to understand and use. The changes to the “Green Guides” include new guidance on marketers’ use of product certifications and seals of approval, “renewable energy” claims, “renewable materials” claims, and “carbon offset” claims. FTC will accept public comments on the proposed changes until December 10, 2010.
The Green Guides were first issued in 1992 and then revised in 1996 and 1998. The guidance they provide includes: 1) general principles that apply to all environmental marketing claims; 2) how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and 3) how marketers can qualify their claims to avoid deceiving consumers.

Proposed Revisions to the Guides
The revised Guides caution marketers not to make blanket, general claims that a product is “environmentally friendly” or “eco-friendly” because the FTC’s consumer perception study confirms that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. Very few products, if any, have all the attributes consumers seem to perceive from such claims, making these claims nearly impossible to substantiate.

The proposed Guides also caution marketers not to use unqualified certifications or seals of approval – those that do not specify the basis for the certification. The Guides more prominently state that unqualified product certifications and seals of approval likely constitute general environmental benefit claims, and they advise marketers that the qualifications they apply to certifications or seals should be clear, prominent, and specific.

Next, the proposed revised Guides advise marketers how consumers are likely to understand certain environmental claims, including that a product is degradable, compostable, or “free of” a particular substance. For example, if a marketer claims that a product that is thrown in the trash is “degradable,” it should decompose in a “reasonably short period of time” – no more than one year.


New Guidance Proposed
The proposed changes would update the Guides by giving advice about claims that are not addressed in the current Guides, such as claims about the use of “renewable materials” and “renewable energy.” The FTC’s consumer perception research suggests that consumers could be misled by these claims because they interpret them differently than marketers intend. Because of this, the Guides advise marketers to provide specific information about the materials and energy used. Moreover, marketers should not make unqualified renewable energy claims if the power used to manufacture any part of the product was derived from fossil fuels.

The proposed revised Guides also provide new advice about carbon offset claims. Carbon offsets fund projects that reduce greenhouse gas emissions in one place in order to counterbalance or “offset” emissions that occur elsewhere. The Guides advise marketers to disclose if the emission reductions that are being offset by a consumer’s purchase will not occur within two years. They also advise marketers to avoid advertising an offset if the activity that produces the offset is already required by law.

Because the FTC lacks a sufficient basis to provide meaningful guidance or because the FTC wants to avoid proposing guidance that duplicates rules or guidance of other agencies, the proposed Guides do not address use of the terms “sustainable,” “natural,” and “organic.” Organic claims made for textiles and other products derived from agricultural products are currently covered by the U.S. Department of Agriculture’s National Organic Program.

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Wednesday, November 10, 2010

Guidance on Cost Effective Energy Efficiency - GHG Reduction Options

U.S. Environmental Protection Agency (EPA) is issuing guidance and tools to help state and local air permitting authorities identify cost-effective pollution reduction options for greenhouse gases (GHGs) under the Clean Air Act. These tools are part of EPA’s approach to GHG permitting of the largest emissions sources outlined this spring in the Tailoring Rule.

EPA is recommending that permitting authorities use the best available control technology (BACT) process to look at all available emission reduction options for GHGs. After taking into account technical feasibility, cost and other economic, environmental and energy considerations, permitting authorities should narrow the options and select the best one. EPA anticipates that, in most cases, this process will show that the most cost effective way for industry to reduce GHG emissions will be through energy efficiency.

The guidance does not define or require a specific control option for a particular type of source because BACT is determined on a case-by-case basis. The guidance and resources provide the basic information that permit writers and applicants need to address GHGs and provides examples of how permitting requirements could apply.

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GHG Reporting Requirements For Petroleum and Natural Gas Industries

U.S. Environmental Protection Agency (EPA) has finalized greenhouse gas (GHG) reporting requirements for the petroleum and natural gas industries as part of the mandatory reporting program. The data collected through the reporting program will provide information about GHG emissions from petroleum and natural gas facilities.

Beginning in 2011, petroleum and natural gas facilities that emit more than 25,000 metric tons of carbon dioxide equivalent a year are required to monitor and report all greenhouse gas emissions to EPA. Data collection for petroleum and natural gas sources will begin January 1, 2011, with first annual reports due to EPA March 31, 2012.

EPA’s Greenhouse Gas Reporting Program, launched in October 2009, requires the reporting of GHG emissions data from large emission sources and fuel suppliers across a range of industry sectors. The data will be used guide the development of programs to reduce greenhouse gas emissions.

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Monday, October 18, 2010

Washington Proposed GHG Reporting Requirements

Washington has by statute adopted a Climate Change Framework that sets greenhouse gas(GHG) reduction targets over the next several decades. Ecology has been directed to develop and implement a reporting system to establish a baseline inventory of GHGs emitted in the state. Ecology began developing a GHG reporting rule before EPA’s reporting rules were available, and after the federal rules were released, the Washington legislature revised the state GHG reporting statute to be more in line with EPA’s reporting requirements. Ecology then worked to develop GHG reporting rules that would implement the revised state GHG reporting statute.

Ecology’s proposed rule requires the following sources to report emissions of certain GHGs:

• A single facility, source, or site that directly emits at least 10,000 metric tons of carbon dioxide equivalent gases (CO2e) annually in Washington; and
• Suppliers of liquid motor vehicle fuel, special fuel, or aircraft fuel that supplies products equal to at least 10,000 metric tons of CO2e annually in the state.

Ecology’s rule would also require reporting of emissions from biomass combustion sources. Facilities will not need to consider or report indirect emissions once they reach the threshold for direct emissions, which is a change from the draft rule released late last year. The proposed rule also does not require mobile sources such as cars, trucks, ships, trains, and planes to report because those emissions will be covered by fuel supplier reporting.

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California RCRA Rules For Conditionally Exempt Small Quantity Generators

California has applied to EPA for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed California's application and made the tentative decision that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State's changes.

EPA is also proposing that the State's requirements regulating facilities that are conditionally exempt from the federal rules as Conditionally Exempt Small Quantity Generators (“CESQGs”) be treated as more stringent than federal requirements, thereby making these provisions federally enforceable.

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Monday, October 11, 2010

SPCC Compliance Deadline Extended For Some Facilities

US EPA is extending the compliance date by 1 year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The agency has also announced that some facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010.

Last year, EPA amended the SPCC rule and regulated facilities are required to amend and implement these changes as part of their overall SPCC plans. Types of facilities not eligible for the extension must comply by November 10, 2010 include drilling, production or workover facilities that are offshore or that have an offshore component, and onshore facilities required to have and submit facility response plans (FRPs).

Types of facilities are eligible for the one year extension include:

Onshore oil production, farms, electric utility plants, petroleum refining and related industries, chemical manufacturing, food manufacturing, manufacturing facilities using and storing animal fats and vegetable oils, metal and other manufacturing, real estate rental and leasing, retail trade, contract construction, wholesale trade, other commercial, transportation, arts entertainment & recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals & other health care, accommodation and food services, fuel oil dealers, gasoline stations, information finance and insurance, mining, warehousing and storage, religious organizations, military installations, and government facilities.

In summary, the rule would extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan until November 10, 2011. The amendment also would delay the compliance date by which facilities must address milk and milk product containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO until one year after EPA finalizes a rule for these facilities.

These amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations then in effect.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of SPCC Plans, developing SPCC Rule - 40 CFR 112 compliance procedures, and preparing cost-effective spill prevention and response programs.

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TSCA Section 8(a) Compliance - TSCA Reporting

[Note: Section 8(a) rule was revise din August 2011. Click here to review summary of new Chemical Data Reporting (CDR) rule]

On January 1, 2010, a new TSCA Inventory Update Rule (IUR) reporting year began. Although reports will not be submitted until 2011, manufacturers and importers need to be collecting the necessary data to be able to submit their IUR report for 2010.

Under Section 8(a) of the Toxic Substances Control Act (TSCA), every five years companies that either manufacture or import chemicals or mixtures of chemicals on the “TSCA List” must report their activities. The reporting requirement, referred to as the “Inventory Update Rule”, or IUR, is only one of several requirements in TSCA. The IUR requirements are the most broadly applicable of all the TSCA requirements.

The IUR was first required in 1986. In 2003 and again in 2005, EPA amended the IUR, expanding the range of chemicals and plant sites reporting, expanding the type of data reported, raising the production volume threshold that triggers reporting, and making certain further adjustments. Under the new IUR requirements, every five years manufacturers and importers producing 25,000 pounds or more of a reportable chemical substance must report the identity of the chemical substance and basic manufacturing information. Additionally, manufacturers and importers producing 300,000 pounds or more must also report basic domestic processing and use information. In 2010, EPA has proposed additional amendments to the reporting requirements

For more information on the IUR, including a flow chart to determine if the Rule applies to your operations, go to:

TSCA Inventory Update Rule Regulatory Briefing


Caltha LLP provides specialized expertise to clients nationwide in the development of straighforward TSCA IUR tracking procedures and preparing TSCA IUR reports.



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Monday, October 4, 2010

Proposed Air Emission Standards For Sewage Sludge Incinerators

The U.S. Environmental Protection Agency (EPA) is proposing to cut emissions of mercury, particle pollution and other airbone pollutants from sewage sludge incinerators under proposed 40 CFR 60.4770 of subpart LLLL and proposed 40 CFR 60.5005 of subpart MMMM. Sewage sludge incinerators are typically located at wastewater treatment facilities. The proposed standards would apply to both multiple hearth and fluidized bed incinerators. Units incinerating sewage sludge at other types of facilities such as commercial, industrial and institutional incinerators will be covered under different air pollution standards. Overall, the proposal would cut mercury emissions from these units by more than 75 percent.

EPA will take comment on the proposed rule for 30 days after it is published in the Federal Register. EPAexpects the rule will be finalized in 2011 and become effective in 2015.

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Wednesday, September 22, 2010

Kansas Greenhouse Gas, GHG, Tailoring Rule

The Kansas Department of Health and Environment has proposed new air quality regulation K.A.R. 28-19-200a, regarding general provisions and definitions to implement the federal greenhouse gas (GHG) tailoring rule, and proposed amended air quality regulation K.A.R. 28-19-350, regarding prevention of significant deterioration (PSD) of air quality.

The proposed new regulation K.A.R. 28-19-200a and amendment to K.A.R. 28-19-350 will align State air quality regulations with the revised federal regulations for the Title V and PSD programs to implement the federal Title V GHG Tailoring Rule. The proposed regulatory actions incorporate the modified definition of ‘‘major source’’ and the new definition for ‘‘subject to regulation’’ in K.A.R. 28-19-200a to update the Title V program and update the adoption by reference of 40 C.F.R. 52.21 in K.A.R. 28-19-350 to align the state PSD program with the federal program.

These proposed regulatory actions are needed for the state of Kansas to retain the primary authority to implement the PSD and Title V programs and retain the ability to issue permits for both programs.

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Tuesday, September 21, 2010

EPA Declines Review of Greenhouse Gas Requirements in IEPA Permit

U.S. EPA's Environmental Appeals Board recently issued a decision concerning greenhouse gas requirements of air permits in Illinois. This case involved a petition for review filed by the Sierra Club challenging certain conditions of a prevention of significant deterioration (“PSD”) permit issued by the Illinois Environmental Protection Agency for construction of a synthetic natural gas manufacturing plant.

The Sierra Club raised several issues, including that the permit failed to regulate greenhouse gases. According to Sierra Club, greenhouse gases constitute "contaminants" causing or contributing to "air pollution" under IEPA rules. However, the Illinois EPA disagreed and made its case that IEPA does not interpret State rules as requiring regulation of greenhouse gas emissions.

The Board deferred to Illinois EPA's interpretation and rejected Sierra Club's argument. Because the IEPA had interpreted the disputed provision of its state SIP as inapplicable to greenhouse gases, and because this interpretation did not appear unreasonable, the Appeals Board declined to substitute its judgment for that of the IEPA and denied review of this issue.

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Monday, September 20, 2010

Texas Audit Program Option For Flexible Permit Holders

U.S. Environmental Protection Agency (EPA) has released its voluntary Audit Program to help companies in Texas with Flexible Permits obtain air quality permits that meet state and federal requirements and the protections of the Clean Air Act (CAA). The TCEQ's Flexible Permits program was never approved by EPA into the state implementation plan (SIP).

The Audit Program will offer a covenant from civil enforcement by the federal government, for instances where companies with Flexible Permits operated outside of federal requirements provided that companies agree to and complete the proposed audit program. In addition, companies who enter the audit will no longer be subject to EPA's use of Title V tools for permits issued that do not contain all CAA requirements.

The Audit Program is available for 90 days after publication in the Federal Register. Participants who sign up in the first 45 days can take advantage of a reduced penalty incentive for potential violations.

Under the program, a third-party auditor will conduct an independent review of operations, modifications, and permitting activities that occurred since the issuance of the flexible permit, so that the federally-applicable requirements can be identified for a new permit. These independent findings would be directly transmitted to the company and EPA and used to establish new limits in state-issued permits. EPA anticipates the audit process to take about one year.

The Audit Program requires participants to obtain federally-approved state permits from the TCEQ. A company would enter into a Consent Agreement and Final Order with EPA based on the findings of the third-party audit. This audit program and CAFO would resolve any New Source Review non-compliance issues that occurred while operating with the Flexible Permit provided that the companies complete the audit program.

The federal audit program is one of two paths available for companies to transition their flexible permits to a permit that meets federal and state requirements. EPA is also inviting companies to contact the EPA Region 6 Compliance Assurance and Enforcement Division if they are interested in more direct negotiations with EPA that would result in federally-enforceable permits and resolution of non-compliance and Title V uncertainty.

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Sunday, September 12, 2010

Michigan General Permit for Diesel Generators Suspended

The Michigan Department of Natural Resources and Environment (MDNRE) General Permit to Install for Diesel Fuel-Fired Engine Generators has been suspended from use due to the new federal National Ambient Air Quality Standard (NAAQS) for nitrogen dioxide (NO2). Any general permits previously issued for diesel-fired generators will remain in effect.

On January 22, 2010, the US EPA promulgated a final rule containing a new NAAQS for NO2 based on a 1-hour averaging time. On April 12, 2010, 188 µg/m3 became effective as the 1-hour NAAQS for NO2 . The applicability criteria and special conditions in the general permit for generators have been reevaluated by MDNRE to determine the impact of this new standard. Dispersion modeling was done for a hypothetical generator to determine the maximum ambient 1-hour N02 concentration. A representative building and various stack parameters were used and the modeling assumed the generator stack to be an isolated facility with no other sources considered in the analysis. All alternative stacks showed a total impact to be above the 1-hour NO2 NAAQS.

Because the current general permit for diesel generators does not limit NO2 emissions to adequately ensure compliance with the new 1-hour NO2 limit the permit is being suspended from use at this time. Until the general permit for diesel-fired generators is revised, a case-by-case permit to install pursuant to Rule 201 is being used for diesel-fired generators.

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Monday, September 6, 2010

Arizona PM10 Non Attainment Plan Disapproval Proposed

U.S. Environmental Protection Agency (EPA) has proposed disapproval Maricopa County’s air quality plan because it does not adequately control emissions of coarse particulate matter. The Maricopa area is considered in “nonattainment” for coarse particulate matter (PM-10) The nonattainment area is located in the eastern portion of Maricopa County and encompasses the cities of Phoenix, Mesa, Scottsdale, Tempe, Chandler, Glendale, and 17 other jurisdictions and unincorporated County lands. The nonattainment area also includes the town of Apache Junction in Pinal County.

The State of Arizona submitted a plan in 2007 intended to ensure that coarse particulate matter was reduced by 5% each year until the standard was attained. According to EPA, Arizona did not correctly inventory the sources of PM-10, resulting in a plan that does not satisfy the requirements of the federal Clean Air Act.

EPA is proposing to approve those elements of the plan that will help reduce air pollution in the County, including ones regulating leaf blowers, unpaved areas, burning and other sources of particulate matter.

The proposed EPA action will be published in the Federal Register for a 30-day public comment period. EPA expects to will make a final decision on the plan in early January 2011, after reviewing public comments.

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Wednesday, September 1, 2010

Reconsideration of Inclusion of Fugitive Emissions in NSR

EPA is proposing to reconsider the final rule titled, "Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions," published on December 19, 2008.

Through a letter signed on April 24, 2009, EPA granted reconsideration on a petition submitted by National Resources Defense Council (NRDC), as well as an administrative stay. In addition to the three-month administrative stay, EPA proposed and finalized an additional 18 month stay to allow enough time to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the federal PSD program. The additional 18 month stay became effective on March 31, 2010. EPA will consider the petition for reconsideration, public comments, and information contained in the rulemaking docket to reach a decision on the reconsideration and finalize the rule, which is expected in March 2011.

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TCEQ New Source Review Program Rejected By EPA

U.S. Environmental Protection Agency (EPA) has issued formal disapproval of aspects of the Texas Commission on Environmental Quality’s (TCEQ) air emission permitting program that do not meet federal Clean Air Act requirements. EPA sought public comment on its proposed disapproval of New Source Review (NSR) program which was published in the Federal Register in September 2009 and considered comments in reaching its final decision.

EPA determined the revisions proposed by TCEQ’s New Source Review program did not meet federal Clean Air Act requirements. One example is the Pollution Control Project Standard Permit revision offered by TCEQ. The permit is designed to streamline permitting of changes within a plant but according to EPA lacked adequate review of impacts on total air pollution levels should the changes be approved.

In July 2009, the EPA and the Business Coalition for Clean Air (BCCA) Appeal Group, the Texas Association of Business, and the Texas Oil and Gas Association reached an agreement regarding the timing of federal review of regulatory changes to Texas’ air permitting program. EPA’s action is the latest in a series of actions under that agreement.

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Sunday, August 15, 2010

Proposed GHG Tailoring Rule Implementation Rules

The U.S. Environmental Protection Agency (EPA) is proposing two rules to ensure that businesses planning to build new, large facilities or make major expansions to existing ones will be able to obtain Clean Air Act permits that address their greenhouse gas (GHG) emissions. In the spring of 2010, EPA finalized the GHG Tailoring Rule, which specifies that beginning in 2011, projects that will increase GHG emissions substantially will require an air permit.

The Clean Air Act requires states to develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG Tailoring Rule, states may need to modify these plans.

In the first rule, EPA is proposing to require permitting programs in 13 states to make changes to their implementation plans to ensure that GHG emissions will be covered. The programs that are required to revised their current GHG programs include all or portions of:

Alaska;
Arizona;
Arkansas;
California;
Connecticut;
Florida;
Idaho;
Kansas;
Kentucky;
Nebraska
Nevada:
Oregon; and
Texas.

Within 30 days after the rule is published in the Federal Register, each permitting agency must submit a letter to EPA that explains its GHG permitting authority status and documents why their programs cannot cover GHG emissions.

Because some states may not be able to develop and submit revisions to their plans before the Tailoring Rule becomes effective in 2011, EPA is also proposing a federal implementation plan, which would allow EPA to issue permits for large GHG emitters located in these states. This would be a temporary measure that is in place until the state can revise its own plan and resume responsibility for GHG permitting.

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Interstate Transport Rule Public Hearings Scheduled

U.S. Environmental Protection Agency (EPA) will hold three public hearings on its proposed “Transport Rule” to reduce interstate transport of ozone and fine particle pollution. The proposed rules would cut power plant pollution that drifts across the borders of 31 eastern states and the District of Columbia. The proposed rule, along with local and state air pollution controls, is proposed to help areas in the eastern United States meet existing national air quality standards.

The hearing dates are:

Aug. 19 - Chicago
Aug. 26 - Philadelphia
Sept. 1 - Atlanta

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Wednesday, August 11, 2010

Inventory Update Reporting Rule IUR Proposal

[Update August 2011: IUR rule has been revised and replaced with Chemical Data Reporting Rule. Click here to review a summary of new rules]

U.S. Environmental Protection Agency is proposing several actions relating to reporting on chemicals under the Toxic Substances Control Act (TSCA). EPA is proposing to increase the frequency of reporting under the Inventory Update Reporting (IUR) Rule. The IUR requires manufacturers and importers of chemicals to report information on volumes of chemical production, manufacturing facility data, and how the chemicals are used.

[Read more about IUR - 2010 is an IUR reporting year]

The proposed rule would require manufacturers, including importers, to submit information electronically, which will help the agency to make the data public more quickly. The proposed rule also would limit the information that can be treated as confidential so the public can access it, and require more reporting from chemical manufacturers.

This proposal will be released public comment, which EPA will use to develop the final rule and guidance documents. EPA expects to finalize the modifications to the chemical information reporting rule in time for the next reporting period, scheduled for June 1 – September 30, 2011. EPA will make the electronic reporting software and associated guidance materials available before the start of the submission period.

In addition to the proposed rule on chemical reporting, EPA is seeking public comment on a draft guidance document on chemical information reporting and on specific documents relating to the reporting of chemical byproducts.




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Tuesday, August 10, 2010

Air Emission Rules For Portland Cement Manufacturing

U.S. Environmental Protection Agency (EPA) is issuing final rules on emissions of mercury, particle matter and other pollutants from Portland cement manufacturing. Rules set the first limits on mercury air emissions from existing cement kilns, lowers the limits for new kilns, and sets emission limits on acid gases. This final rule also limits particle emissions from new and existing kilns, and sets new-kiln limits for particle and nitrogen oxides and sulfur dioxide.

When fully implemented in 2013, EPA estimates the annual emissions will be reduced:

•Mercury – 16,600 pounds or 92 %
•Total hydrocarbons – 10,600 tons or 83 %
•Particulate Matter – 11,500 tons or 92 percent
•Acid gases – 5,800 tons or 97 %
•Sulfur dioxide (SO2)– 110,000 tons or 78 %
•Nitrogen oxides (NOx) – 6,600 tons or 5 %

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Tuesday, August 3, 2010

40 CFR 112 SPCC Rule Deadline Extension

U.S. Environmental Protection Agency (EPA) is proposing to extend the compliance date by one year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The agency is also proposing that certain facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010. In summary, the proposed rule would:
  • Extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan by one year to November 10, 2011
  • Delay the compliance date for facilities with milk containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO until one year after EPA finalizes a rule for these facilities.
  • Maintain the current November 10, 2010 compliance date for drilling, production and workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit FRPs
  • Reconcile the proposed compliance dates for new production facilities


The types of facilities not eligible for proposed extension that must comply by November 10, 2010 include:

Drilling, production or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit facility response plans (FRPs), due to the threats these facilities could pose of significant oil spills to navigable waters or adjoining shorelines.

Types of facilities that may be eligible for the proposed one year extension include:

Oil production, farms, electric utility plants, petroleum refining and related industries, chemical manufacturing, food manufacturing, manufacturing facilities using and storing animal fats and vegetable oils, metal and other manufacturing, real estate rental and leasing, retail trade, contract construction, wholesale trade, other commercial, transportation, arts entertainment & recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals & other health care, accommodation and food services, fuel oil dealers, gasoline stations, information finance and insurance, mining, warehousing and storage, religious organizations, military installations, and government facilities.


The proposed amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002 (other than facilities with milk containers), to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations then in effect.

The proposed rule has a 15-day public period following its publication in the Federal Register.

Caltha LLP provides technical support to clients nationwide in the preparation of SPCC Plans and SPCC Compliance Programs, and SPCC training.

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Tuesday, July 27, 2010

RMP Compliance Grant for Iowa Ammonia Facilities

EPA has awarded the Iowa Department of Agriculture and Land Stewardship (IDALS) a grant for $70,000 to assist with outreach, education and implementation of the Clean Air Act’s Risk Management Program (RMP) at anhydrous ammonia facilities. All fertilizer facilities that handle, process or store more than 10,000 pounds of anhydrous ammonia are subject to EPA’s chemical safety requirements. IDALS plans to use funding to conduct on-site audits, workshops and follow-up safety assessments at agricultural retail anhydrous ammonia facilities in Iowa.

EPA Region 7 receives more accidental release reports for ammonia than for any other chemical. In addition to releases caused by transportation accidents, human error and equipment failure, a number of releases have been caused by anhydrous ammonia thefts. Anhydrous ammonia is a key ingredient in the illegal production of methamphetamine. When stolen, the toxic gas can be unintentionally released, causing injuries to emergency responders, law enforcement personnel, and the public.

Retailers were first required to be in compliance with the Risk Management Program in 1999. EPA then started facility inspections and enforcement of the program, which includes five components: hazard assessment system, management, accident prevention, emergency response and submittal of a risk management plan.

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Wednesday, July 14, 2010

EPA Agrees To Review 28 Industry MACT Standards

U.S. EPA has agreed to examine its air pollution rules for 28 industry sectors within the next eight years,in response to a suit filed in Oakland, CA. Under the settlement, EPA would face a court deadline to review about a quarter of its maximum achievable control technology (MACT) standards, which set industry-by-industry limits on hazardous air pollutants. During reviews of current technology for the 28 sectors, the agency would have to decide whether to impose tougher restrictions or leave the existing emissions limits in place.

The settlement also requires the agency to perform residual risk assessments, which analyze public health impacts that remain once all required controls have all been put in place.

Some of the sectors included for review are the paper, furniture, aerospace, aluminum production, cement manufacturing, lead smelting, pesticide manufacturing, pharmaceuticals production and shipbuilding.

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Monday, July 12, 2010

Renewable Fuel Standard RFS2 For 2011 Proposed

US EPA has proposed the 2011 percentage standards for the four fuels categories under the agency’s Renewable Fuel Standard program, known as RFS2. The Energy Independence and Security Act of 2007 (EISA) established the annual renewable fuel volume targets; the proposed 2011 overall volumes and standards are:

Biomass-based diesel: 0.80 billion gallons; 0.68 %
Advanced biofuels: 1.35 billion gallons; 0.77 %
Cellulosic biofuels: 5 – 17.1 million gallons; 0.004 – 0.015 %
Total renewable fuels: 13.95 billion gallons; 7.95 %


EPA is also proposing changes to the RFS2 regulations that would potentially apply to renewable fuel producers who use canola oil, grain sorghum, pulpwood, or palm oil as a feedstock.

EPA is seeking public comment on the renewable fuel standards and the proposed changes to the RFS2 regulations, which are due 30 days following publication of the proposed rule in the Federal Register.

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Friday, July 9, 2010

Training Requirement Deadline Extended For Lead Renovation, Repair & Painting Rule

In April 2008, EPA issued the Lead Renovation, Repair and Painting (RRP) Rule, which required the use of lead-safe work practices in pre-1978 homes but included the opt-out provision. Subsequently, EPA issued a new rule that removes a provision from existing regulations that allowed owner-occupants of pre-1978 homes to “opt-out” of having their contractors follow lead-safe work practices if there were no children under six years of age in the home.

The RRP rule requires certification of training providers and lead-safe work practice certification for individuals involved in the construction and remodeling industry. Because of concern that contractors in some areas may be having difficulty accessing training classes, EPA recently announced that it is providing renovation firms and workers additional time to obtain training and certifications to comply with the new lead rules. EPA will not take enforcement action for violations of the rule’s firm certification requirement until October 1, 2010, and will not enforce certification requirements against individual renovation workers if they apply to enroll in certified renovator classes by September 30, 2010 and complete the training by December 31, 2010.

The agency has indicated that it will continue to take enforcement actions against renovation firms and individuals who do not comply with the RRP work practices and associated recordkeeping requirements. The lead-safe work practices include dust control, site clean up and work area containment.

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Tuesday, July 6, 2010

Transport Rule Proposed To Replace CAIR

U.S. Environmental Protection Agency (EPA) is proposing regulations targeting power plant emissions that drift across the borders of 31 eastern states and the District of Columbia, commonly referred to as the Transport Rule.

The Transport Rule would reduce power plant emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) to meet state-by-state emission reductions. By 2014, the rule and other state and EPA actions would reduce SO2 emissions by 71 percent over 2005 levels. NOx emissions would drop by 52 percent.

EPA is using the “good neighbor” provision of the Clean Air Act to reduce interstate transport, which is the upwind state emissions that contribute to air quality problems in downwind states. The proposed rule sets in place a new approach that can be applied again as further pollution reductions are needed to help areas meet air quality health standards. EPA expects that the emission reductions will be accomplished by proven and readily available pollution control technologies already in place at many power plants across the country.

The proposal would replace the 2005 Clean Air Interstate Rule (CAIR), which the U.S. Court of Appeals for the D.C. Circuit ordered EPA to revise in 2008. The court allowed CAIR to remain in place temporarily while EPA worked to finalize the replacement rule.

EPA will take public comment on the proposal for 60 days after the rule is published in the Federal Register. The agency also will hold public hearings.

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Thursday, July 1, 2010

TCEQ Flexible Permit Program Rejected By EPA

EPA has announced final disapproval of the flexible permit program that the Texas Commission on Environmental Quality (TCEQ) had submitted for inclusion in its clean-air implementation plan. EPA has determined that this program does not meet several national Clean Air Act requirements that help to assure the protection of health and the environment. EPA rejected the permit program after determining that it allows companies to avoid certain federal clean air requirements by lumping emissions from multiple units under a single “cap” rather than setting specific emission limits for individual pollution sources at their plants.

In September 2009, EPA proposed to disapprove the state's flexible permits program and invited public comment.

EPA has entered into discussions on how to convert existing flexible permits into more detailed permits that comply with the Clean Air Act. One tool proposed by EPA is encouraging flexible permit holders to participate in a voluntary compliance audit program. The program will expedite efforts to identify emission limits, operating requirements and monitoring, reporting and recordkeeping data. Public comment on the proposed audit program closes on July 2, 2010.

On June 16, 2010, the TCEQ approved proposed revisions to the state’s flexible permit rules. The public comment period on the rules package opens on July 2, 2010 and runs through August 2, 2010. The state must then finalize its proposal and submit it to EPA for review.

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