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.

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

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

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

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.

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

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.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

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.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website