What Industrial Sector SIC Needs SPCC Plan?

What Types of Industries or SIC Codes Need an SPCC Plan?

Answer: SPCC Rules (40 CFR 112) apply to all types of sites. The rules can apply to industrial sites, commercial and retail sites, offices, restaurants, hotels, construction sites, municipal properties, and even farms.

Whether or not the SPCC Rule applies depends on the amount of regulated oil and fat storage capacity on-site, regardless of the type or use.

For more information on Caltha's SPCC services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

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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Universal Waste Rule - Pharmaceutical Wastes

US EPA has proposed to add hazardous pharmaceutical wastes to the Universal Waste Rule in order to provide a system for disposing hazardous pharmaceutical wastes that is protective of public health and the environment. The proposed addition will make it easier for generators to collect and properly dispose of these items as hazardous wastes, resulting in a simpler and more streamlined waste management system.

The proposed rule applies to:

• pharmacies,
• hospitals,
• physicians’ offices,
• dentists’ offices,
• outpatient care centers,
• ambulatory health care services,
• residential care facilities,
• veterinary clinics, and
• other facilities that generate hazardous pharmaceutical wastes.

The proposed rule also encourages generators to dispose of non-hazardous pharmaceutical waste as universal waste. The addition of hazardous pharmaceutical waste to the Universal Waste Rule will facilitate the collection of personal medications from the public at various facilities so that they can be more properly managed.

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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Compliance Status Report Due For Plating and Polishing Operations

On or before July 1, 2010, plating facilities subject to the plating or polishing operations National Emission Standards for Hazardous Air Pollutants (NESHAP) will have to submit their Notification of Compliance Status. In 2008, EPA published the NESHAP for Plating and Polishing Operations, which impacted many metal finishing operations, including facilities with plating, polishing or thermal spray processes that contain cadmium, nickel, lead, manganese and/or chromium.

The rule specifies several notification, recordkeeping and reporting requirements:
• Submit an Initial Notification by Oct. 29, 2008.
• Submit a Notification of Compliance Status by July 1, 2010 for existing processes, or at startup for new processes.
• Submit an annual compliance certification and,
• Submit an annual deviations report, if applicable.

EPA did not establish emission limits for plating and polishing operations, but required plating and polishing facilities to follow management practices as the generally available control technology (GACT) standards. The rule requires owners or operators of affected plating and polishing operations to demonstrate continuous compliance by adhering to the management and pollution prevention practices specified in the rule, and by maintaining the appropriate records to document their compliance.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of regulatory reporting documents, developing EH&S compliance procedures, and preparing cost-effective compliance management programs.

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TSCA Inventory Update Rule IUR For 2010

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.

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 the Toxic Substances Control Act (TSCA) enacted in 1985. The IUR requirements are the most broadly applicable of all the TSCA 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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TRI Reporting Obligations for Metal Mining Activities

The Toxics Release Inventory (TRI) currently requires reporting from metal mining facilities if they manufacture or process 25,000 pounds or more of a listed chemical or otherwise use 10,000 pounds or more of a listed chemical.

EPA had considered naturally occurring materials to be "manufactured" by natural processes. A recent court order set aside EPA's interpretation of manufacture in the context of mining, concluding that naturally occurring ores in situ have not been manufactured within the meaning of Emergency Planning and Community Right to Know Act (EPCRA) section 313. EPA is currently considering clarifying how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of extraction and beneficiation. According to EPA, this action will not affect the coal extraction activities exemption. EPA anticipates that their revised guidance on application of TRI report to mining activities will be completed by February 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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Changes To TRI 313 Reporting Requirements

Over the past two years, several changes have been made to the reporting requirements under EPCRA 313 - or commonly referred to as Toxic Release Inventory (TRI) reporting. Depending on the amounts of 313 chemicals processed or "otherwise used" at a facility, a TRI report may be required.

Links to relevant amendments to TRI reporting requirements:

Use of NAICS codes, instead of SIC codes to determine applicability

Changes to reporting Persistent, Bioaccumulative and Toxic Chemicals (PBT) on Form R Reports

Proposed additional chemicals to list of 313 chemicals subject to TRI report

EPA Clarification of Article Excemption Under EPCRA Section 313

Caltha LLP provides specialized expertise to clients nationwide in the determine TRI reporting requirements, developing 313 chemical tracking procedures, and preparing Toxic Release Inventory reports.

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Solvent Contaminated Materials - Proposed Rule Change

EPA has extended the comment period for a rule initially proposed in 2003 regarding hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) for certain solvent-contaminated materials.

EPA proposed to modify its hazardous waste management regulations under the Resource Conservation and Recovery Act for materials such as reusable shop towels, rags, disposable wipes and paper towels. Specifically, EPA proposed to:

• Conditionally exclude from the definition of hazardous waste disposable industrial wipes that are contaminated with hazardous solvents and are going to disposal and,
• Conditionally exclude from the definition of solid waste reusable industrial shop towels and rags that are contaminated with hazardous solvents and are sent for laundering or dry cleaning.

The proposal affects contaminated industrial wipes being sent to both landfill and non-landfill (e.g., laundries and combustion) facilities and is applicable to industrial wipes exhibiting a hazardous characteristic (i.e., ignitability, corrosivity, reactivity, or toxicity) due to use with solvents; or industrial wipes contaminated with F001-F005 spent F-listed solvents or comparable P- and U-listed commercial chemical products that are spilled and cleaned up with industrial wipes.

The proposed rule amendment would resolve, at the federal level, long-standing issues associated with the management of solvent-contaminated industrial wipes by:

• Facilitating pollution prevention and waste minimization opportunities, including the recycling of the spent solvents extracted from contaminated industrial wipes;
• Fostering improved solvents management by generators and handling facilities;
• Reducing compliance costs;
• Increasing consistency in the regulations governing solvent-contaminated industrial wipes across the United States;
• Clarifying existing federal rules; and
• Creating flexibility for generators to work with industrial laundries, as appropriate, to ensure compliance with local pretreatment standards established by Publicly Owned Treatment Works (POTWs).
  

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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Coal Ash Proposed Rule - RCRA Subtitle C Subtitle D

The U.S. Environmental Protection Agency is proposing rules to ensure the safe disposal and management of coal ash from coal-fired power plants. Agency rules are intended to ensure that protective controls, such as liners and groundwater monitoring, are in place at new landfills to protect groundwater and human health. Existing surface impoundments will also require liners, with incentives to close the impoundments and transition to safer landfills, which store coal ash in dry form. The proposed regulations also are intended to promote recycling and beneficial uses of coal ash.

The proposal describes two approaches for addressing the risks of coal ash management under the nation's primary law for regulating solid waste, the Resource Recovery and Conservation Act (RCRA). One option is drawn from authorities available under Subtitle C, which creates a comprehensive program of federally enforceable requirements for waste management and disposal. The other option includes remedies under Subtitle D, which gives EPA authority to set performance standards for waste management facilities and would be enforced primarily through citizen suits.

Under both approaches proposed by EPA, the agency would leave in place the Bevill exemption for beneficial uses of coal ash in which coal combustion residuals are recycled as components of products instead of placed in impoundments or landfills.

EPA is seeking public comment on the continued exemption of beneficial uses from regulation and on whether that exemption should exclude certain non-contained applications where contaminants in coal ash could pose risks to human health. The public comment period is 90 days from the date the rule is published 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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Greenhouse Gas GHG Emission Permits - Final Rule

U.S. Environmental Protection Agency (EPA) has released a final rule to address greenhouse gas (GHG) emissions from the largest stationary sources, The final rule shield many small sources of GHGs from Clean Air Act permitting requirements. EPA’s phased-in approach will start in January 2011, when Clean Air Act permitting requirements for GHGs will kick in for large facilities that are already obtaining Clean Air Act permits for other pollutants. Those facilities will be required to include GHGs in their permit if they increase these emissions by at least 75,000 tons per year (tpy).

In July 2011, Clean Air Act permitting requirements will expand to cover all new facilities with GHG emissions of at least 100,000 tpy and modifications at existing facilities that would increase GHG emissions by at least 75,000 tpy. These permits must demonstrate the use of best available control technologies to minimize GHG emission increases when facilities are constructed or significantly modified.

Under the new emissions thresholds for GHGs that begin in July 2011, EPA estimates approximately 900 additional permitting actions covering new sources and modifications to existing sources would be subject to review each year. In addition, 550 sources will need to obtain operating permits for the first time because of their GHG emissions.

The final rule addresses a group of six greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

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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AWAIR Requirements - Minnesota OSHA

Since 1991, Minnesota OSHA has required many employers to develop and use "A Workplace Accident and Injury Reduction (AWAIR)" program. Employers engaged in certain specific industrial classification codes (NAICS codes) are required to develop and implement a written safety and health program with specific actions designed to reduce the incidence of workplace accidents and injuries.

An employer subject to these rules must establish a written AWAIR program that includes:

1. how managers, supervisors and employees are responsible for implementing the program and how continued participation of management will be established, measured and maintained;
2. the methods used to identify, analyze and control new or existing hazards, conditions and operations;
3. how the plan will be communicated to all affected employees so they are informed of work-related hazards and controls;
4. how workplace accidents will be investigated and corrective action implemented;
5. how safe work practices and rules will be enforced.

An employer must conduct and document a review of the workplace accident and injury reduction program at least annually and document how the procedures included in the program are being met.

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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Tier I SPCC Plan - SPCC Template Plan

In 2008, US EPA finalized its streamlined SPCC Rule (40 CFR 112). The amended rule tailored the SPCC requirements for a subset of qualified facilities. The owner or operator of a qualified facility has the option to self-certify their SPCC Plan and comply with other streamlined requirements.

The final rule designated a subset of qualified facilities (“Tier I qualified facilities”) as those that meet the current criteria to self-certify their SPCC Plan and that have no oil storage containers with an individual aboveground storage capacity greater than 5,000 gallons. A Tier I qualified facility has the option to complete a self-certified SPCC Plan template instead of a full SPCC Plan. By completing the SPCC Plan template, an owner or operator of the facility will certify that the facility complies with a set of streamlined SPCC rule requirements. All other qualified facilities will be designated “Tier II qualified facilities.”

Caltha LLP assists facilities in complying with SPCC Rules, including several very cost effective options for Tier I Qualified Facilities to prepare their SPCC Plan Template. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

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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Boiler MACT and Incineration Unit Proposed Rule

On April 29, 2010, the U.S. Environmental Protection Agency (EPA) published proposed two rules relating to hazardous air pollutant (HAP) emission standards for industrial, commercial and institutional boilers, process heaters(Boiler MACT rule), and commercial and industrial solid waste incineration units (CISWI rule). Industrial boilers and process heaters burn fuels such as natural gas, coal and oil to produce heat or electricity; CISWIs burn solid waste.

Section 112 of the Clean Air Act requires EPA to set emission standards for categories of major sources of HAPs. Major sources are those facilities that emit or have the potential to emit 10 tons per year of a single HAP or 25 tons per year of total HAPs. The 1990 CAA Amendments required those standards to be based on the Maximum Achievable Control Technology (MACT). EPA first finalized a set of Boiler MACT and CISWI rules in September 2004. In 2005, EPA reconsidered the rule package, modified a portion, and again published a final rule package. In June 2007, the D.C. Circuit Court of Appeals vacated the Boiler MACT and CISWI rules and ordered EPA to revise the rules.

The new proposed Boiler MACT rules set HAP standards for industrial, commercial and institutional boilers and process heaters at major source facilities. The proposed Boiler MACT rule is expected to reduce mercury and other organic air toxics, including dioxin emissions. The proposed rule package also includes HAP standards for boilers and process heaters at “area sources”, which are also known as “minor sources”; area source facilities may subject to MACT or Generally Available Control Technology (GACT).

The proposed CISWI rule sets New Source Performance Standards and emission guidelines for commercial and industrial solid waste incineration units. The proposed CISWI rule establishes emission limits for mercury, lead, cadmium, hydrogen chloride, particulate matter, carbon monoxide, dioxin/furans, nitrogen oxides and sulfur dioxide.

To determine whether a major source will be subject to the Boiler MACT rule or the CISWI rule, EPA has also proposed a definition of “non-hazardous solid waste.” The proposed definition could move some facilities out of the boiler category and into the CISWI category.

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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Proposed Rule to Reduce Mercury Emissions From Boilers, Incinerators

The U.S. Environmental Protection Agency (EPA) is issuing proposals that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters and solid waste incinerators.

Combined, EPA estimates that these proposals would cut annual mercury emissions from about 200,000 industrial boilers process heaters and solid waste incinerators by more than 50 percent. Estimated annual costs of installing and operating pollution controls required under these rules would be $3.6 billion.

These actions cover emissions from two types of combustion units. The first type of unit, boilers and process heaters, burns fuel such as natural gas, coal, and oil to produce heat or electricity. These units can also burn non-hazardous secondary materials such as processed tires and used oil. Boilers are located at large industrial facilities and smaller facilities, including commercial buildings, hotels, and universities. The second type of unit, commercial and industrial solid waste incinerators, burns solid waste.

Large boilers and all incinerators would be required to meet emissions limits for mercury and other pollutants. Facilities with boilers would also be required to conduct energy audits to find cost effective ways to reduce fuel use and emissions. Smaller facilities, such as schools, with some of the smallest boilers, would not be included in these requirements, but they would be required to perform tune-ups every two years.

EPA is also proposing to identify which non-hazardous secondary materials would be considered solid waste and which would be considered fuel. This distinction would determine whether a material can be burned in a boiler or whether it must be burned in a solid waste incinerator. The agency is also soliciting comment on several other broader approaches that would identify additional non-hazardous secondary materials as solid waste when burned in combustion units.

EPA will take comment on these proposed rules for 45 days after they are published in the Federal Register. EPA will hold a public hearing on these rules soon after they are published 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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