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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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


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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.

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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