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.

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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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.

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, 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.

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, 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.

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, 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.

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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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.

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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