Greenhouse Gas Permiting in AZ, AR, ID, KS, OR, WY & TX

U.S. Environmental Protection Agency (EPA) has proposed the final series of actions that will ensure that the largest industrial facilities can get Clean Air Act permits that cover greenhouse gas (GHG) emissions beginning in January 2011. The first set of actions will give EPA authority to permit GHGs in seven states (Arizona, Arkansas, Florida, Idaho, Kansas, Oregon, and Wyoming) until the state or local agencies can revise their permitting regulations to cover these emissions. EPA is taking additional steps to disapprove part of Texas' Clean Air Act permitting program and the agency will also issue GHG permits to facilities in the state. These actions will ensure that large industrial facilities will be able to receive permits for greenhouse gas emissions regardless of where they are located.

In the second set of actions, EPA has issued final rules that will ensure that there are no federal laws in place that require any state to issue a permit for GHG emissions below levels outlined in the tailoring rule.

Beginning in January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHGs emissions. EPA will propose standards for power plants in July 2011 and for refineries in December 2011 and will issue final standards in May 2012 and November 2012, respectively.

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Confidential Business Information Proposal Under GHG Reporting Requirements

The U.S. Environmental Protection Agency (EPA) is proposing actions under the greenhouse gas (GHG) reporting program to address issues about the public availability of certain confidential business information (CBI) data. The total emissions for each facility is still required to be reported to EPA and released to the public.

EPA is soliciting comments about claims of business sensitivity regarding inputs to emissions equations and proposing to defer the deadline for reporting that data until March 2014. The new information and reporting deferral would allow EPA to assess the issue and make final decisions on how to treat the data elements in question. The proposals still require that facilities retain these data so that EPA may directly follow up with facilities through on-site audits.

EPA is taking comment on the proposal to delay reporting of sensitive data for 30 days after publication in the Federal Register, or 45 days if a hearing is requested, and is accepting comments in response to EPA’s request for information for 60 days after publication in the Federal Register.

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NESHAP Mercury Limits For Mining and Processing of Gold Ore

On December 16, 2010, the U.S. Environmental Protection Agency (EPA) promulgated National Emissions Standards for Hazardous Air Pollutants (NESHAP) for gold ore processing and production facilities, the seventh largest source of mercury air emission in the US.EPA estimates the final rule will reduce mercury emissions by 1,460 pounds per year, or about a 77 percent reduction from 2007 levels.

There are more than 20 gold ore processing facilities in the US; some facilities in Nevada, including some of the largest gold ore processing facilities, have already made progress toward the proposed reductions under the Nevada Mercury Air Emissions Control Program, which requires controls at precious metal mining facilities.

The final rule establishes mercury emissions limits for four types of processes found at gold production facilities: ore-pretreatment processes; carbon processes with mercury retorts; carbon processes without mercury retorts; and non-carbon concentrate processes. The final emissions limits are based on the existing emissions level of the best-performing U.S. facilities, which are well-controlled for mercury. At full implementation, these limits are estimated to reduce mercury emissions by 0.73 tons per year from current emissions levels.

The Clean Air Act requires EPA to identify and, develop regulations for, the sources of 90 percent of the air emissions of seven pollutants known as persistent, bioaccumulative pollutants. The seven pollutants are: mercury, alkylated lead compounds, polycyclic organic matter (POM), hexachlorobenzene, polychlorinatedbiphenyls (PCBs), 2,3,7,8- tetrachlorodibenzofurans (TCDF) and 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD). EPA identified gold processing and production as one of these sources in 2008.

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Toxic Release Inventory TRI Reporting Summary 2009

U.S. Environmental Protection Agency (EPA) has released its annual national analysis of the Toxics Release Inventory (TRI) for reporting year 2009. In 2009, 3.37 billion pounds of toxic chemicals were released into the environment, a 12% decrease from 2008. The analysis, which includes data on approximately 650 chemicals from more than 20,000 facilities, found that total releases to air decreased 20% since 2008, and releases to surface water decreased 18%, and to land 4% since 2008.

The EPA analysis shows decreases in the releases of persistent, bioaccumulative, and toxic (PBT) chemicals including lead, dioxin, and mercury. Total disposal or other releases of mercury decreased 3% and total disposal or other releases of both dioxin and lead decreased by 18%. Seven percent few facilities reported to TRI from the previous year, continuing a trend from the past few years.

EPA added 16 chemicals to the TRI list of reportable chemicals in November. [read more about new chemicals added to TRI reporting] These chemicals are reasonably anticipated to be human carcinogens, and represent the largest chemical expansion of the program in a decade. Data on the new TRI chemicals will be reported by facilities on July 1, 2012.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of EPCRA 313 Toxic Release Inventory reports, developing chemical tracking procedures, and preparing cost-effective EH&S management programs.

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Saccharin Removed From CERCLA List of Hazardous Substances

U.S. Environmental Protection Agency (EPA) has removed saccharin, a common artificial sweetener, and its salts from the list of hazardous substances. Saccharin was a listed CERCLA hazardous substance and had a reportable quantity (RQ) of 100 pounds; saccharin is also listed as a chemical subject to EPCRA 313 (SARA 313) toxic release inventory (TRI) reporting.

Saccharin was labeled a potentially cancer-causing substance in the 1980s. In the late 1990s, the National Toxicology Program and the International Agency for Research on Cancer re-evaluated the available scientific information on saccharin and its salts and concluded that it is not a potential human carcinogen. Because the scientific basis for remaining on EPA’s lists no longer applies, the agency has removed saccharin and its salts from its lists.

EPA proposed the removal of saccharin and its salts from the lists on April 2010 and did not receive any comments opposing the proposal.

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EPA Requests Additional Time To Revise Boiler MACT

U.S. Environmental Protection Agency (EPA) is seeking an extension in the current court-ordered schedule for issuing air emissions rules for large and small boilers and solid waste incinerators, commonly referred to as the Boiler MACT.

In order to meet a court order requiring the EPA to issue final rules in January 2011, the agency proposed standards in April 2010. During public comment, EPA received information from industry on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler-types. After reviewing the data and public comments, the agency believes it is appropriate to issue a revised proposal that reflects the new data and allows for additional public comment.

EPA is under a current court order to issue final rules on January 16, 2011 and is seeking in its motion to the court to extend the schedule to finalize the rules by April 2012.

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CERCLA EPCRA Reporting Exemption For Hazardous Substance Releases From Farms

On December 18, 2008, EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms ("Final Rule").

The Final Rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA). On January 15, 2009, Waterkeeper Alliance, Sierra Club, the Humane Society of the United States, Environmental Integrity Project, the Center for Food Safety, and Citizens for Pennsylvania's Future filed a Petition for review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. On March 17, 2009, the National Pork Producers Council filed its Petition for Review challenging a portion of the Final Rule that amended the EPCRA regulations. The two cases were consolidated. On Feburary 11, 2009, the National Chicken Council, National Turkey Federation, and U.S. Poultry & Egg Association moved to intervene on behalf of EPA to assert their interests in the Final Rule.

Since August 25, 2009, the case has been held in abeyance so that the Parties could participate in the D.C. Circuit Mediation Program. The mediation process did not resolve the issues raised by all of the parties, but it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacature of the Final Rule during the reevaluation period.

Caltha LLP provides specialized expertise to clients nationwide on Toxic Release reporting under CERCLA and EPCRA, and Tier 2 reporting under EPCRA 311 and 312, and EPCRA 313 Toxic Release Inventory Reporting.

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Residual Risk and Technology Review For Group I Polymers and Resins

Portions of the residual risk and technology review (RTR) for Group I Polymers and Resins (P&R I)has been finalized. The proposed NESHAP RTR for Group I Polymers and Resins (subpart U) was signed on September 14, 2010 and the final rule must be signed before June 30, 2011. P&R I covers nine source categories that produce elastomers. Final RTR decisions have already been made for four of the source categories.

For the other five source categories, EPA has proposed that the current Maximum Achievable Control Technology (MACT) standards provide ample margin of safety and that there have been no advancements in technologies. EPA has also proposed to eliminate exemptions for periods of startup, shutdown and malfunction. Finally, EPA has proposed new standards for significant emission points not previously regulated at five of the nine source categories.

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NESHAP Residual Risk and Technology Review for Chromium Electroplating and Steel Pickling

US EPA is in the early stages of conducting its Residual Risk and Technology Review (RTR) for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hard and Decorative Chromium Electroplating, Chromium Anodizing, and Steel Pickling sector (subparts N and CCC).

EPA has finalized how the agency will address the residual risk and technology reviews conducted for the two national emission standards for hazardous air pollutants (NESHAP). The two NESHAPs include 6 source categories. The review also addresses provisions related to emissions during periods of startup, shutdown, and malfunction. Additionally, EPA has finalized changes to correct editorial errors, makes clarification, and addresses issues with implementation.

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States Identified For Greenhouse Gas Permitting Program Updates

Working with the states, the U.S. Environmental Protection Agency (EPA) is moving forward with its plan to require certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These updates are required to ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s “Tailoring Rule”.

EPA has identified 13 states that need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include:
Arizona, Arkansas., California, Connecticut, Florida., Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

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 January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources are not covered by these GHG permitting requirements.

Related links:
GHG Tailoring Rule

Greenhouse Gas (GHG) permitting information

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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