Effective Date For GHG Controls

U.S. Environmental Protection Agency (EPA) has decided that no stationary sources will be required to get Clean Air Act permits that cover greenhouse gases (GHGs) before January 2011.

EPA’s action determines that Clean Air Act construction and operating permit requirements for the largest emitting facilities will begin when the first national rule controlling GHGs takes effect. If finalized as proposed, the rule limiting GHG emissions for cars and light trucks would trigger these requirements in January 2011. The agency expects to issue final vehicle GHG standards shortly.

This action is the final step in EPA’s reconsideration of the December 18, 2008 memorandum entitled “EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.” The final action clarifies when GHGs and other pollutants are covered under Clean Air Act permitting programs.

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Revised Hazardous Materials Security Plan Requirements

The Pipeline and Hazardous Materials Safety Administration (PHMSA) revised 49 CFR Part 172 to modify certain aspects of the requirements for hazardous materials security plans. In consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), PHMSA modified security plan requirements applicable to the commercial transportation of hazardous materials by air, rail, vessel, and highway. The final rule narrows the list of materials subject to security plan requirements and clarifies certain requirements related to security planning, training, and documentation.

This final rule is effective October 1, 2010. It has a voluntary compliance date of April 8, 2010.

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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EPA Case-by-Case MACT Rule - MACT Hammer

The US EPA plans to propose a new regulatory backstop requiring States to issue case-by-case maximum achievable control technology (MACT) limits at facilities should a federal court vacate an EPA sector-based MACT, which could strengthen the EPA's position on when the so-called MACT "hammer" applies. The pending rule, which received White House Office of Management and Budget approval without change, is intended to prevent confusion on when the MACT hammer applies following a legal loss for EPA on an air toxics rule. The MACT hammer requires states to establish individual toxic limits at facilities in the absence of a federal standard.

EPA believes that the rule is necessary because the MACT hammer process is poorly understood by States, which have largely been slow to implement it after courts vacate EPA MACTs. Historically, courts have held a strict interpretation of the Clean Air Act section 112, which states that MACT rules must impose technology-based requirements for each sector representing the average of the best 12 percent of sources.

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.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website