Mercury and Air Toxics Standards For Power Plant Emissions

The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards for power plant emissions of mercury and air toxics arsenic, acid gas, nickel, selenium, and cyanide. Power plants are the largest remaining source of several toxic air pollutants, including mercury, arsenic, cyanide, and a range of other pollutants, and emit about half of the mercury and over 75% of the acid gas emissions in the United States. More than half of all coal-fired power plants already deploy pollution control technologies that meet these achievable standards. Once final, the remaining plants take similar steps to decrease emissions.

The Mercury and Air Toxics Standards are being issued in response to a court deadline. Congress passed the 1990 Clean Air Act Amendments and mandated that EPA require control of toxic air pollutants including mercury. The Mercury and Air Toxics Standards and the Cross-State Air Pollution Rule, which was issued earlier this year, both reduce power plant emissions.

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General Permits For Commercial Vessel Discharges

U.S. Environmental Protection Agency (EPA) is issuing two draft vessel general permits that would regulate discharges from commercial vessels, excluding military and recreational vessels. The draft Vessel General Permit, which covers commercial vessels greater than 79 feet in length, would replace the current 2008 Vessel General Permit, when it expires in December 2013. The new draft Small Vessel General Permit would cover vessels smaller than 79 feet in length and would provide such vessels with the Clean Water Act permit coverage they will be required to have as of December 2013.

Summary of Draft Vessel General Permit:
The updated permit would reduce the administrative burden for vessel owners and operators, eliminating duplicative reporting requirements, clarifying that electronic recordkeeping may be used instead of paper records, and streamlining self-inspection requirements for vessels that are out of service for extended periods. The permit will, for the first time, manage the discharge of fish hold effluent.

A key new provision of the permit is a proposed numeric standard to control the release of non-indigenous invasive species in ballast water discharges. The draft Vessel General Permit also contains updated conditions for mechanical systems that may leak lubricants into the water and exhaust gas scrubber washwater, which would reduce the amount of oil and other pollutants that enter U.S. waters. EPA will take comment on potentially more stringent requirements for bilgewater discharges.

Summary of Draft Small Vessel General Permit:
This permit would be the first under the Clean Water Act to address discharges incidental to the normal operation of commercial vessels less than 79 feet in length. The draft permit specifies best management practices for several broad discharge management categories including fuel management, engine and oil control, solid and liquid maintenance, graywater management, fish hold effluent management and ballast water management. The permit would go into effect at the conclusion of a current moratorium enacted by Congress that exempts all incidental discharges from such vessels, with the exception of ballast water, from having to obtain a permit until December 18, 2013.

Both permits will be subject to a 75-day public comment period. EPA intends to issue the final permits in November 2012 to allow vessel owners and operators time to prepare for new permit requirements.

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Proposed Changes To Emission Standards For Boilers & Incinerators.

The U.S. Environmental Protection Agency (EPA) is proposing additional changes to Clean Air Act standards for boilers and certain incinerators. The proposed reconsideration would achieve significant reductions in toxic air pollutants, while increasing the rule’s flexibility and addressing compliance concerns raised by industry and labor groups. The changes also cut the cost of implementation by nearly 50% from the original 2010 proposed rule.

More than 99 % of boilers in the US are either operate cleanly enough that they are not covered by these standards or will only need to conduct maintenance and tune-ups to comply. The current proposed rules focus on the less than 1% of boilers that emit the majority of pollution from this sector. For these high emitting boilers, typically operating at refineries, chemical plants and other industrial facilities, EPA is proposing more targeted emissions limits and provide industry with practical, cost-effective options to meet the standards – informed by data from these stakeholders. These limits are based on currently available technologies that are in use by sources across the country.

Some of the key changes EPA is proposing include:

Boilers at large sources of air toxics emissions: The major source proposal covers approximately 14,000 boilers (less than 1% of all boilers in the United States) located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. EPA is proposing to create additional subcategories and revise emissions limits. EPA is also proposing to provide more flexible compliance options for meeting the particle pollution and carbon monoxide limits, replace numeric emissions limits with work practice standards for certain pollutants, allow more flexibility for units burning clean gases to qualify for work practice standards and reduce some monitoring requirements. EPA estimates that the cost of implementing these standards remains about $1.5 billion less than the April 2010 proposed standards.

Boilers located at small sources of air toxics emissions: The proposal also covers about 187,000 boilers located at small sources of air pollutants, including commercial buildings, universities, hospitals and hotels. However, due to how little these boilers emit, 98% of area source boilers would simply be required to perform maintenance and routine tune-ups to comply with these standards. Only 2% of area source boilers may need to take additional steps to comply with the rule. EPA is proposing to require initial compliance tune-ups after two years instead after the first year.

Solid waste incinerators and revisions to the list of non-hazardous secondary materials: There are 95 solid waste incinerators that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. EPA is proposing to adjust emissions limits for waste-burning cement kilns and for energy recovery units.


EPA is also proposing revisions to its final rule which identified the types of non-hazardous secondary materials that can be burned in boilers or solid waste incinerators. EPA has proposed revisions to clarify what types of secondary materials are considered non-waste fuels. The proposed revisions also classify a number of secondary materials as non-wastes when used as a fuel and allow for a boiler or solid waste operator to request that EPA identify specific materials as a non-waste fuel.

EPA is accepting public comment on the proposed standards for 60 days following publication in the Federal Register. EPA intends to finalize the reconsideration by spring 2012.

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Changes Proposed To Georgia Hazardous Waste Rules

The Georgia Environmental Protection Division (EPD) is proposing changes to State rules governing the management of hazardous wastes in Chapter 391-3-11. The proposed rule amendment is currently released for public comment. The public comment period ends on December 29, 2011.

Some of the key changes proposed are:

1. The Environmental Protection Division is proposing regulations to clarify notification requirements, specifically for hazardous waste transfer facilities and used oil facilities, and documentation and record keeping requirements for hazardous waste accumulation areas. Also clarifying that used oil containers and tanks must be kept closed except when adding or removing waste.


2. Amends the F019 listing to exempt the wastewater treatment sludge generated from zinc phosphating processes used in automobile assembly, provided the wastes are not placed outside on the land prior to shipment to a landfill for disposal and it is disposed in a landfill unit subject to certain liner requirements.


3. Establishes an alternative set of generator requirements applicable to eligible academic entities that are flexible and protective. It also addresses the specific nature of hazardous waste generation and accumulation in these laboratories. The rules are also amended for technical corrections to these requirements. EPD believes this change provides incentives for eligible academic entities to conduct laboratory clean outs of old, unneeded chemicals.


4. Termination of the National Environmental Performance Track Program. Former members of this program must now comply with the standard Resource Conservation and Recovery Act (RCRA) requirements for hazardous waste accumulation times and facility inspections.


5. Finalizes amendments to National Emission Standards for Hazardous Air Pollutants and Final Standards for Hazardous Air Pollutants for hazardous waste combustors.


6. Changes requirements for the management of used oil. New rules require that used oil tanks and containers be kept closed to prevent releases to the environment. Tanks and containers must be kept closed except when adding or removing used oil, or if tanks and containers are kept indoors or within secondary containment areas.
   
   
   

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Compliance With SPCC Rules For Farms Extended To May 2013

EPA has extended the date that agricultural facilities must come into compliance with the new Spill Prevention, Control, and Countermeasure (SPCC) rule to May 10, 2013. Agricultural facilities that began storing oil before August 16, 2002 must revise their SPCC plan to meet the 2002 changes by the May 2013 deadline.

EPA’s SPCC program was developed to prevent oil spills. Agricultural facilities can reduce the risk of oil discharged from their tanks by developing containment and response plans and taking basic precautions. The rule requires agricultural operators have an SPCC Plan if:

1. The facility stores more than 1,320 gallons of oil or fuel in above ground tanks and/or containers; and
2. A release of oil could reasonably be expected to discharge into waters of the U.S.

Oil includes on-road and off-road diesel; gasoline; lubrication oils; hydraulic oils; crop oil; adjuvant oils; oil sludge; synthetic oils; oil refuse; oil mixed with wastes other than dredged spoil; animal fats; vegetable oils; and fish oils.

Additionally, if the containers are located on separate parcels or a significant distance from each other, they may be considered separate facilities when calculating whether the threshold is met. For example:

• A farm has five greenhouses located adjacent to each other and each has a 300 gallon fuel oil Aboveground Storage Tank (AST). It would usually be considered one facility, and the volume of each AST would count toward the total aggregate volume of 1,500 gallons. It is an SPCC regulated facility because the aggregate volume exceeds 1,320 gallons.
• Another farm has five greenhouses with 500 gallon ASTs, three are located on one parcel and two on a second parcel. This configuration may be considered two facilities. The first facility has an aggregate volume of 1,500 gallons and would be SPCC regulated. The second facility has an aggregate volume of 1,000 gallons and would not be SPCC regulated.

There are several exemptions for agricultural operations. These include: milk and milk product containers, associated piping, and appurtenances; home heating oil tanks at single family homes; pesticide containers used to mix and load formulations; and pesticide application equipment.

The recent Rule changes also allow agricultural operations that store 10,000 gallons of oil or less and meet the Tier 1 or 2 qualified facility requirements to prepare and self-certify their SPCC Plan. Although anyone can use the templates, not all states allow self-certification For example, New Hampshire requires all SPCC Plans to be certified by a professional engineer.


FAQ: What types of facilities require a spill plan?


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Metal Fabrication & Finishing Notification of Compliance Status Report Due November 22

New Federal air regulations for nine metal fabrication and finishing source categories (40 CFR Part 63 Subpart XXXXXX, or “6X”) will take effect soon. All metal fabrication and finishing operations subject to the rules will need to submit formal notifications and be in compliance by November 22, 2011.

The NESHAP applies only to area sources where the primary activity of the facility is in one of the following nine source categories:

(1) Electrical and Electronic Equipment Finishing Operations (including motor and generator manufacture, and electrical machinery, equipment, and supplies, not elsewhere classified);
(2) Fabricated Metal Products;
(3) Fabricated Plate Work (Boiler Shops);
(4) Fabricated Structural Metal Manufacturing;
(5) Heating Equipment, except Electric;
(6) Industrial Machinery and Equipment Finishing Operations (including construction machinery manufacturing; oil and gas field machinery manufacturing; and pumps and pumping equipment manufacturing);
(7) Iron and Steel Forging;
(8) Primary Metal Products Manufacturing; and
(9) Valves and Pipe Fittings.

The regulation contains requirements for five specific processes, listed below. The requirements only apply when a process uses materials that contain compounds of cadmium, chromium, lead, manganese, and nickel. Low level use of these metals in the processes may be exempt.

• Dry Abrasive Blasting
• Dry Grinding and Dry Polishing with Machines
• Dry Machining
• Spray Painting
• Welding

The regulation requires periodic emissions monitoring for some operations. There also are notifications and reports that facilities must submit.
• Initial Notification – due by July 25, 2011
• Notification of Compliance Status report – due by November 22, 2011 and,
• Annual certification and compliance reports.

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Schedule For Action On State Regional Haze Plans

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans, designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. States are grouped within this timeframe.

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

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Area Source NESHAP for Electric Arc Furnaces, MACT Amendments for Mercury

US EPA has announced its intent to amend the Maximum Achievable Control Technology (MACT) standard for mercury in the Electric Arc Furnace (EAF) area source rule to develop an emission limit for mercury. This limit will replace the mercury switch program as MACT.

The states and environmental groups asked the EPA to reconsider the MACT work practice standard for mercury from the 2007 promulgated rule because they believe the switch program has had a much lower success rate than expected, and is unenforceable since only self-certification is required to comply with the MACT. In addition, the basis for the work practice promulgated as MACT in 2007 was no longer valid. Mercury emissions were collected, measured, and controlled at EAF by over 30% of facilities that have measured mercury emissions. One facility was collecting and controlling mercury under a state (NJ) mercury limit.

EPA plans to issue a Notice of Proposed Rule Making (NPRM) in May 2012.

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Cancellation Of Rodenticides By OPP

The U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) is continuing the process to cancel 20 mouse and rat control products. The agency has determined that safer rodent control products are now widely available, effective, and affordable. The products EPA plans to remove from the consumer market are those that contain the most toxic and persistent active ingredients, products sold as loose bait and pellets and any remaining products without protective bait stations.

This action would further implement a 2008 decision in which EPA identified risk reduction measures to protect children, pets and wildlife from harmful chemicals in rodent control products. EPA asked manufacturers of consumer-use rodenticide products to adopt these new, more protective measures by June 2011. Many companies now sell new products that meet the updated safety requirements.

As part of the administrative cancellation process in section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA will convene its FIFRA Scientific Advisory Panel (SAP) to provide independent input on the scientific basis for the proposed cancellation of the 20 products. EPA will also seek comment from the Departments of Agriculture and Health and Human Services prior to issuing a Notice of Intent to Cancel to the manufacturers of the non-conforming rodenticide products.

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EPA Reinstates TRI Reporting Requirements For Hydrogen Sulfide

The U.S. Environmental Protection Agency (EPA) has announced that it is reinstating Toxic Release Inventory (TRI) reporting requirements for hydrogen sulfide. Hydrogen sulfide was added to the TRI list of toxic chemicals in a final rule published on December 1, 1993. However, on August 22, 1994, EPA suspended the TRI reporting requirements for hydrogen sulfide in order to address issues that were raised by members of the regulated community regarding the information used to support the original listing decision. On February 26, 2010, EPA published a Federal Register document that provided the public with the opportunity to comment on EPA’s review of the currently available data on the human health and environmental effects of hydrogen sulfide. After consideration of public comments, EPA has concluded that the reporting requirements for hydrogen sulfide should be reinstated.

This action will be effective for the 2012 TRI reporting year. The first reports for the 2012 TRI reporting year are due from facilities by July 1, 2013.

TRI is a publicly available database that contains information on toxic chemical releases and waste management activities reported annually by certain industries and federal facilities. The purpose of today’s action is to better inform the public about toxic chemical releases in their communities and to provide the government with information for research and the potential development of regulations.

Hydrogen sulfide occurs naturally in crude petroleum, natural gas, volcanic gases, and hot springs. It can also result from the breakdown of organic matter, and is produced by human and animal wastes. Hydrogen sulfide can also result from industrial activities, such as food processing, coke ovens, kraft paper mills, tanneries, and petroleum refineries. Individuals living near a wastewater treatment plant, a gas and oil drilling operation, a farm with manure storage or livestock confinement facilities, or a landfill may be exposed to higher levels of hydrogen sulfide.

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Revised Environmental Radiation Protection Standard For Nuclear Power Operation

In 1977, the EPA Office of Radiation Programs issued "Environmental Radiation Protection Standards for Nuclear Power Operations". Since issuance of the standards, the understanding of radiation risk and dose to humans has advanced and new methodologies have been developed to calculate radiation doses.

In view of the developments over the past decades, EPA is evaluating how to update the Environmental Radiation Protection Standards for Nuclear Power Operations in 40 CFR Part 190. An updated rule would draw on updated science and clarify how safety should be demonstrated. EPA expects to issue an ANPRM to solicit public input on general questions and approaches on what aspects of the rule should be updated. EPA anticipates issuing an advanced notification of proposed rulemaking (ANPRM) in February 2012.

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Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3

US EPA has initiated the next step in the “Tailing Rule”. This rule will further tailor the applicability criteria that determines which stationary sources and modification projects become subject to permitting requirements for greenhouse gases (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA).

In this rule, EPA will establish the third phase of the phase-in approach, which the agncy refers to as “Step 3”. Step 3 may apply PSD and title V to additional sources, effective July 1, 2013. Currently, EPA anticipates publishing a notification of proposed rulemaking (NPRM) in February 2012.

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Implementation Rules For One Hour Sulfur Dioxide Standard

US EPA has announced its intention to propose rules for the implementation of the 1 hour standard for sulfur dioxide. This rule is intended to provide state, local agencies, and tribes with the necessary information to comply with the 1-hour SO2 NAAQS. The rule will address the State Implementation Plan (SIP) requirements necessary for states to submit approvable maintenance SIPs as required under section 110(a)(1) of the Clean Air Act (CAA).

EPA anticipates the rule will address the requirements for adopting an emissions inventory, an attainment demonstration using refined air quality dispersion modeling, a contingency plan, control measures, as well as information on how states with areas designated as unclassifiable, which are required to submit maintenance SIPs under section 110(a)(1) of the CAA, can be redesignated to attainment.

Currently, EPA anticipates publishing a notification of proposed rulemaking (NPRM) in July 2012.

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OSHA Submits Final GHS Rule To OMB

On October 25, OSHA took the last step to officially adopt the Globally Harmonized System of Classification and Labeling (GHS) into the U.S.'s Hazard Communication Standard. On that day, OSHA submitted the final rule to The Office of Management and Budget (OMB). OMB then has up to 90 days to review and finalize the rule before it is published in the Federal Register, and becomes final.

Based on this schedule, the final rule is expected to be published in January 2012.

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New Jersey Petition To Limit Emissions From Pennsylvania Power Plant Granted

The U.S. Environmental Protection Agency (EPA) has granted a petition submitted by the New Jersey Department of Environmental Protection to limit sulfur dioxide (SO2) emissions from a Pennsylvania power plant. It was determined that emissions from the plant are adversely impacting air quality in Warren, Sussex, Morris and Hunterdon counties in New Jersey. This action is the first single-source petition EPA has granted and it will require the Portland Generating Station in Northampton County, PA to reduce its SO2 emissions within three years.

The final rule allows the Portland plant to choose the most cost-effective strategy for meeting these limits, including installing proven and widely available pollution control technologies. The two units covered under this rule are large sources of SO2 emissions in the region, are about 50 years old and are currently among the 44 % of coal-fired units in the country that do not have advanced pollution controls installed to limit emissions. Actions taken to meet these limits are similar to those that the facility would need consider taking to meet the recently finalized Cross-State Air Pollution Rule and the upcoming Mercury and Air Toxics Standards.

Under the Clean Air Act, when a facility’s emissions impact air quality in another state, the affected state can petition EPA and request that the facility be required to reduce its impact. If EPA finds that the emissions do contribute to an air quality problem, the agency must set emissions limits that will eliminate this contribution. In a September 2010 petition, New Jersey asked EPA to find that emissions from the Portland power plant are impacting the state’s air quality and to require the facility to reduce its SO2 emissions. EPA proposed to grant the petition in March 2011.

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What is a Toxic Organic Management Plan?

Seven federally regulated industrial categories have pretreatment standards established for total toxic organics (TTO). The term TTO is defined as the sum of specific toxic organic compounds found in the process discharge at a concentration of 0.01 mg/l (10 ppb) or more.

Categories affected by a TTO limit include:

• Electroplating (40 CFR 413),
• Metal Finishing (40 CFR 433),
• Electrical and Electronic Components (40 CFR 469),
• Metal Molding and Casting (40 CFR 464),
• Coil Coating (40 CFR 465),
• Aluminum Forming (40 CFR 467), and
• Copper Forming (40 CFR 468).

In addition to these seven categories, Pharmaceutical Manufacturing (40 CFR 439) is subject to a specific list of toxic organics with individual discharge limits.

Compliance with the pretreatment standards may be demonstrated in several different ways, including to develop and certify the implementation of a toxic organic management plan (TOMP). The TOMP details Best Management Practices or BMPs to be used to implement the general prohibitions listed in 40 CFR 403.5(a)(1) and specific prohibitions listed in 40 CFR 403.5(b). BMPs could include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

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Illinois Increases Enforcement and Penalties For Illegal Dumping of Solid Wastes

On August 10, 2011, the State of Illinois passed a law that increased enforcement and fines associated with illegal dumping. The new law provides for increased penalties for dumping more than 250 cubic feet of waste or 50 waste tires, and makes it a Class 4 felony. It also increases the felony penalty for open dumping from $5,000 to $25,000.

Previously, the penalty for a first violation of the open dumping prohibition was a Class A misdemeanor, regardless of the quantity of waste dumped.

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Publication of Final Hazard Communication Rule Delayed

The U.S. Department of Labor - Occupational Safety & Health Administration (OSHA) has announced that its final Globally Harmonized System of Classification and Labeling of Chemicals (GHS) rule, originally scheduled for released in August 2011, has been delayed for a few weeks due to the extensive review of the final standard. The final standard is not expected to be published in September 2011. The final Hazard Communication rule is entering final Departmental review and will be sent to OMB once this review is complete

OSHA had proposed a three-year implementation period to phase in compliance with the revised hazard communication rule. During the rulemaking comment periods and at the public hearings, stakeholders submitted recommended implementation periods ranging from 3 to 15 years. OSHA has indicated that it has considered all of these comments and the implementation period will be announced when the final rule is published. However, a company may opt to classify the products now according to GHS as long as it also follows the current Hazard Communication Standard. OSHA did not propose any changes in the language requirements in the Hazard Communication Standard. However, GHS is designed to enable workers of limited literacy in the English language to understand the information.

OSHA’s preliminary estimate is that updating the Hazard Communication Standard will create a substantial annualized savings for employers of at least $585 million. The majority of these benefits will be realized through increases in productivity for health and safety managers as well as for logistics personnel.

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Spill Plan and Above Ground Tank Rules In Wisconsin

One of the most common questions Caltha receives from facilities in Wisconsin is “Can Wisconsin facilities self-certify their SPCC Plans?” and “Can my facility in Wisconsin use the SPCC Template format to comply with 40 CFR 112?”. The confusion regarding the self-certification of SPCC Plans in Wisconsin is due primarily to the overlapping Federal and State regulations involving aboveground storage tanks (AST).

Two rules can apply to facilities with above ground tanks, 1) Federal SPCC Rules (40 CFR 112), and 2) Wisconsin Rules on Storage of Flammable, Combustible and Hazardous Liquids (Chapter Comm 10). For any given facility, some tank systems may only be subject to SPCC Rules, some may only need to comply with Wisconsin Chapter Comm 10, and still other tanks may actually need to comply with both sets of rules.

There is a significant amount of over lap and similarity between the two rules; however, they differ in many aspects, included when a written spill plan is required and in situations where documents need to be prepared by and certified by a Wisconsin-licensed professional engineer. Whether or not a facility needs to use a PE to approve their plans will depend on a number of factors, including the size and location of their tanks, and the specific liquids being stored in them.

If you want further information on above ground tank rules and SPCC rule compliance in Wisconsin, email Caltha at info@calthacompany.com

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When Is My Boiler MACT Notification Due?

In a May 18, 2011 Federal Register notice US EPA announced that it was delaying the "effective dates" relative to the Boiler MACT rule for existing sources. Some potentially affected facilities have since been inquiring if this delay mean that potentially affected facilities do not need to submit a notification of applicability by Sept. 17, 2011.

According to EPA, notifications for major sources are not due by September 17, 2011. The agency plans to complete the reconsideration proposal by the end of October 2011 and issue a revised final rule by the end of April 2012. The final rule will include revised compliance due dates, including dates by which facilities will need to submit a notification of applicability.

Notifications for area sources , which includes most smaller sources, are due by September 17, 2011.

Have questions regarding the Boiler MACT or other air emission regulations, email Caltha at info@calthacompany.com



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Electronic GHG Reporting Tool (e-GGRT) Released

U.S. Environmental Protection Agency is launching a new tool to allow 28 industrial sectors to submit their 2010 greenhouse gas (GHG) pollution data electronically. Prior to the electronic system being finalized, it was tested by more than 1,000 stakeholders, including industry associations, states and NGOs tested the electronic GHG Reporting Tool (e-GGRT) to ensure clarity and user-friendliness.

EPA expects to receive 2010 GHG data from approximately 7,000 large industrial GHG emitters and suppliers, including power plants, petroleum refineries and landfills. EPA’s GHG Reporting Program, launched in October 2009, requires the reporting of GHG data from large emission sources across a range of industry sectors. Suppliers of products that would emit GHGs if released, combusted, or oxidized are also required to report GHG data. Under this program, covered entities are required to submit GHG data to EPA annually and the first round of data will be submitted electronically by September 30, 2011. EPA plans to publish non-confidential GHG data collected through the GHGRP by the end of 2011.

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New EPCRA Tier I & Tier II Reporting Forms Proposed

US EPA has proposed a significant revision to the forms and types of information required to be submitted under EPCRA Tier I and Tier II. Title III of SARA (EPCRA) established authorities for emergency planning and preparedness, emergency release notification reporting, community right to-know reporting, and toxic chemical release reporting. It is intended to encourage State and local planning and preparedness for releases of extremely hazardous substances (EHSs) and to provide the public, local governments, fire departments and other emergency officials with information concerning chemical releases and the potential chemical risks in their communities.

As background, under the emergency planning provisions of EPCRA (40 CFR part 355), a facility is required to provide a one-time notification to the State Emergency Response Commission (SERC) and the local emergency planning committee (LEPC) if the facility has any EHS present at the site in excess of its threshold planning quantity (TPQ). Reporting requirements under the community right-to-know provisions, sections 311 and 312 of EPCRA are ongoing obligations. Sections 311 and 312 of EPCRA apply to owners and operators of facilities that are required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical defined under the Occupational Safety and Health Act (OSHA) Hazard Communication Standard (HCS). If the hazardous chemical is present at or above the reporting thresholds, the facility owner or operator is required to submit a MSDS to the SERC and LEPC. Under section 312 of EPCRA, if a hazardous chemical is present at or above the reporting threshold, the facility owner or operator is required to submit an emergency and hazardous chemical inventory form (Tier I or Tier II) to the SERC, LEPC and the local fire department annually by March 1.

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The Tier I and Tier II forms were first published in 1987 and were amended in
1990. Recently, State and local agencies requested that EPA modify these forms to include new data elements and revise existing data elements to make it more useful for emergency planning and response.

What is the difference between Tier I and Tier II reporting requirements under EPCRA?

One of the important changes proposed for the EPCRA Tier I and Tier II reporting forms helps clarify how quantities of EHS chemicals were determined. In a final rule published in 2008, EPA clarified how to report a hazardous chemical mixture. The facility has to aggregate all amounts of that EHS present throughout the facility in mixtures and in pure form to determine if the reporting threshold for EHS has been met or exceeded. If the reporting threshold for that EHS is exceeded, then the facility would have an option to report the mixture or the EHS component.

The current Tier I and Tier II reporting form requires facilities to report the name of the mixture, indicate whether the mixture contains an EHS, indicate the physical and health hazards of the mixture, and report the amount present on-site, as well as the type of storage and storage locations. The regulated community and the state and local agencies, however, are unsure if the amount present on-site refers to the mixture or the non-EHS hazardous chemical or the EHS in the mixture. In order to clarify the reporting of pure chemicals vs. mixtures, the proposed Tier II form has separate entries for mixtures and pure chemicals.

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Final IUR - Chemical Data Reporting Rule - IUR Reporting Restarted

The U.S. Environmental Protection Agency has finalized the revised rule for reporting the manufacture and import of chemical substances under the Toxic Substances Control Act (TSCA), as required under 40 CFR 710 and Section 8(a) of TSCA. This rule has commonly refereed to as the Inventory Update Reporting rule, or IUR. The revised rule, known as the Chemical Data Reporting Rule (CDR), also requires that companies submit the information electronically to EPA, rather than on paper, and limits confidentiality claims by companies. Reporting for 2010 under the IUR was originally required to be submitted between June – September 2011; however, because the revised rule had not been completed, EPA temporarily suspended reporting requirement.

The CDR Rule, which falls under the Toxic Substances Control Act Inventory Update Rule (IUR), requires more frequent reporting of critical information on chemicals and requires the submission of new and updated information relating to potential chemical exposures, current production volume, manufacturing site-related data, and processing and use-related data for a larger number of chemicals. EPA is requiring companies to submit the information through the Internet, using EPA’s electronic reporting tool.

Companies will be required to start following the new reporting requirements in the next data submission period, which will occur February 1, 2012 to June 30, 2012.

[Read a Regulatory Briefing on the new TSCA Chemical Data Reporting Rule]

Notice: For many companies that manufacture chemicals, or that import chemicals for their own use or for further distribution, the IUR (now CDR) reporting requirements are the most significant compliance requirement under TSCA affecting their operations. Because the IUR reporting requirements cycle every five years, many companies need to “relearn” the reporting requirements in advance of a reporting year.

Caltha LLP will be conducting a TSCA Compliance Training Session, with an emphasis on the new Chemical Data Reporting Rule, in October 2011. This TSCA training is intended for corporate and facility environmental compliance staff, product responsibility/product stewardship coordinators, and staff involved in purchasing or arranging imports of chemicals from foreign suppliers, and other staff involved in TSCA compliance.

If you would like to receive further information on the TSCA Compliance Training Session, once scheduled, email Caltha at Info@calthacompany.com

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Proposed Air Emission Rules For Oil And Gas Drilling Operations

The U.S. Environmental Protection Agency (EPA) has proposed standards to reduce regulated air emissions from oil and gas drilling operations. These proposed updated standards, issued in response to a court order, would rely on existing technologies to reduce emissions. The proposal would cut volatile organic compound (VOC) emissions from several types of processes and equipment used in the oil and gas industry, including a 95% reduction in VOCs emitted during the completion of new and modified hydraulically fractured wells.

EPA’s analysis of the proposed changes, which also include requirements for storage tanks and other equipment, estimates a net savings to the industry of $10s of millions annually from the value of natural gas that would no longer escape to the air. The proposal includes reviews of four air regulations for the oil and natural gas industry as required by the Clean Air Act: a new source performance standard for VOCs from equipment leaks at gas processing plants; a new source performance standard for sulfur dioxide emissions from gas processing plants; an air toxics standard for oil and natural gas production; and an air toxics standard for natural gas transmission and storage.

EPA is under a consent decree requiring the agency to sign a proposal by July 28, 2011 and take final action by Feb. 28, 2012. As part of the public comment period, EPA will hold three public hearings, in the Dallas, Denver and Pittsburgh areas.

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EPA Proposes Combining NESHAP and NSPS For Several Chemical Sectors

EPA is proposing to combine regulatory requirements under several chemical sectors into a single sector. The chemical sector is focused on the production of synthetic organic chemicals and their intermediates, which consists of many of the North American Industry Classification System codes beginning with "325".

This sector emits hazardous air pollutants such as methanol, butadiene, and benzene, and criteria air pollutants, such as sulfur dioxide, carbon monoxide, nitrogen oxides, and volatile organic compounds. The sector is subject to 14 different National Emission Standards for Hazardous Air Pollutants (NESHAP) and six different New Source Performance Standards (NSPS). Under this proposed action, EPA will consolidate these rules into a single chemical sector NESHAP that will address air toxics and a single chemical sector NSPS that will address criteria pollutants. Uniform standards (for heat exchangers, equipment leaks, storage vessels and transfer operations, control devices and closed-vent systems, and wastewater) are being developed in separate actions and will specify the work practices, equipment standards, and proper monitoring, recordkeeping, and reporting requirements. The regulatory text for the chemical sector NESHAP and NSPS are expected to reference the uniform standards, which will ensure that requirements are consistent across the chemical sector.

In the chemical sector NESHAP, EPA proposes to consolidate the NESHAP for Hazardous Organic Chemicals (HON, subparts F-I), Miscellaneous Organic Chemicals (MON, subpart FFFF), Ethylene (subparts XX and YY), Organic Liquids Distribution (OLD, subpart EEEE), Pesticide Active Ingredients (PAI, subpart MMM), Polyether Polyols (PEPOs, subpart PPP), Group IV Polymers and Resins (P&R IV, subpart JJJ), and Vinyl Chloride (part 61 subpart F) and revise these rules to address unregulated and under-regulated emission points under Maximum Achievable Technology (MACT) or technology review for these categories. At the same time, EPA will also perform a residual risk review for the MON, Ethylene, OLD, PAI, PEPOs, and P&R IV.

EPA is currently evaluating emissions from Vinyl Chloride facilities (currently covered by the HON and the Vinyl Chloride NESHAP) to see if additional emissions limitations are needed for combustion of chlorinated organic compounds. Similarly, the agency plans to review the six chemical sector NSPS and consolidate these requirements into a single sector NSPS and expand the scope of the rule, as necessary, to include additional emissions sources and limitations.

At the present time, EPA anticipates publishing a Notification of Proposed Rule Making in the Federal Register in December 2011.

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New SNUR Reporting For Glymes In Consumer Products

The U.S. Environmental Protection Agency is proposing to require companies report new uses of chemicals known as glymes in consumer products. EPA’s proposed action is based in part on the agency’s concerns that additional uses of these 14 chemicals in consumer products could lead to harmful reproductive and developmental health effects. Glymes are chemicals used in a wide array of applications including printing ink, paints and coatings, adhesives, household batteries and motor vehicle brake systems.

The proposed regulatory procedure is known as a significant new use rule (SNUR) under the Toxic Substances Control Act. The SNUR is intended to ensure that, prior to the manufacture, import, or processing of these chemicals for a significant new use, EPA will have 90 days to evaluate potential risks, and prohibit or limit the activity if warranted.

Comments on the proposed SNUR must be received on or before September 9, 2011.

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New “Most Efficient” Consumer Product Designation

U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) have announced a new product recognition label for the most energy-efficient products in their category. The new designation of “Most Efficient” aims to provide all manufacturers with an incentive for greater product energy efficiency while providing consumers new information about the products that comprise the top tier in the categories.

Products that receive the Most Efficient designation demonstrate exceptional efficiency performance. The Most Efficient recognition will represent approximately the top 5% of models on the market in the following categories: clothes washers, heating and cooling equipment, televisions, and refrigerator-freezers.

Consumers will be able to identify Most Efficient products on the Energy Star website and in stores by looking for the Most Efficient designation. In addition to meeting established performance requirements, products must also be Energy Star qualified and certified by an EPA-recognized certification body. EPA is encouraging manufacturers to submit products that meet the requirements for recognition.

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Secondary Air Quality Standards For Nitrogen Oxides And Sulfur Oxides

U.S. Environmental Protection Agency (EPA) is proposing secondary air quality standards for nitrogen oxides (NOx) and sulfur oxides (SOx). The new standards would be identical to the public health standards finalized in 2010. EPA is proposing to retain the existing secondary standards for each pollutant.

EPA will accept comments for 60 days after the proposed rule is published in the Federal Register and will issue a final rule by March 2012.

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Proposed Changes To Hazardous Waste Recycling Requirements

The U.S. Environmental Protection Agency (EPA) has proposed new safeguards for recycling hazardous materials to protect public health and the environment. The proposed rule modifies EPA’s 2008 Definition of Solid Waste (DSW) rule, which revised hazardous waste regulations to encourage recycling of hazardous materials. The proposed rule is intended to improve accountability and oversight of hazardous materials recycling, while allowing f flexibility that will promote its economic and environmental benefits.

EPA is also releasing for public comment its draft expanded environmental justice analysis of the 2008 DSW final rule, which evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public comment on the environmental justice analysis as well as on suggested changes received from peer review. The analysis and peer review comments will be available in the docket for this rulemaking once the proposal is published.

EPA’s re-examination of the 2008 DSW final rule identified areas in the regulations that could be improved to better protect public health and the environment with a particular focus on adjacent communities by ensuring better management of hazardous waste. The proposed rule includes provisions to address those areas through increased transparency and oversight and accountability for hazardous materials recycling. Facilities that recycle onsite or within the same company under the reduced regulatory requirements retained under the proposal would be subject to enhanced storage and recordkeeping requirements as compared to the 2008 rule. Companies that send their hazardous materials offsite for recycling would have tailored storage standards, while being required to send their materials to a permitted hazardous waste recycling facility. The proposed rule requires all forms of hazardous waste recycling to meet requirements designed to ensure materials are legitimately recycled and not being disposed of illegally.

EPA will accept comment on this proposal for 60 days after publication in the Federal Register.

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Proposed Expansion of TRI Reporting Industry Sectors

EPA has announced a proposed rule would expand the scope of industry sectors covered by Emergency Planning and Community Right-to-Know Act (EPCRA) section 313, also known as the Toxics Release Inventory (TRI).

As originally enacted, EPCRA 313 applied only to the manufacturing industry sectors. The statute, however, also allows the EPA Administrator to add sectors to TRI to the extent that doing so is relevant to the purposes of EPCRA 313. Under this authority, the EPA in 1997 added seven additional industry sectors to the list of sectors covered by TRI. The current proposed rule would add or expand coverage to the following industry sectors:

• Iron Ore Mining,



• Phosphate Mining,



• Municipal Waste Incineration,



• Industrial Dry Cleaning,



• Petroleum Bulk Storage, and



• Steam-Only Production from Fossil Fuels.

EPA currently expects to publish a Notice of Proposed Rule Making (NPRM) in the Federal Register around December 2012.

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EPA Approves Some California PM2.5 Plans

The U.S. Environmental Protection Agency is proposing to approve California's air quality plans for fine particles (PM2.5) in the South Coast and San Joaquin Valley. These plans will reduce particulate emissions to the level required by the health based 1997 PM2.5 standard by 2015.

Over the past 10 years, PM2.5 has improved by 14% in the San Joaquin Valley and by 43% in the South Coast. Diesel mobile sources such as trucks, construction equipment and marine vessels are the largest source of PM2.5 in California. Trucks and buses account for about 40 percent of diesel emissions from all mobile sources.

In November 2010, EPA proposed to disapprove the South Coast and San Joaquin Valley PM2.5 air quality plans because the agency believed they relied heavily on emissions reductions from several State diesel and marine vessel rules that had not been finalized or submitted to the EPA for review.

Since then, the California Air Resources Board (CARB) is finalizing these rules. They include the In-Use Diesel Truck and Bus rules, the Drayage Truck Rules and the Ocean Going Vessels Clean Fuels rule. In addition, CARB has revised the plans that were originally submitted to EPA to account for the original overestimation of activity and emissions from trucks and construction equipment as well as the economic recession. As a result, future emissions are forecasted to be lower and fewer emissions reductions are needed to meet the standard. For the San Joaquin Valley, the effect is that about 5% fewer reductions are needed due to the recession and about 18% fewer reductions are needed because of better emissions estimates. For the South Coast, about 5% fewer reductions are needed due to the recession and about 5% fewer reductions are needed due to better emissions estimates.

However, EPA is proposing to disapprove the plans’ contingency measures because the agency believes they do not provide sufficient emissions reductions. EPA is continuing to work with the State to demonstrate and deploy near zero emitting technologies.

The proposed actions will be published in the Federal Register and will include a 30-day public comment period from the date of publication.

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Final Guidance On Storing Ethanol and Biofuels In Underground Tanks

On June 17, 2011, US EPA Office of Solid Waste and Emergency Response released the final Guidance Regarding Compatibility of Underground Storage Tank (UST) Systems with Biofuels Blends. The guidance provides options for UST owners to use in complying with the federal compatibility requirement for UST systems storing gasoline containing greater than 10 percent ethanol or diesel containing greater than 20 percent biodiesel. EPA is submitting the guidance for publication in the Federal Register (FR).

Federal UST regulations in 40 CFR Part 280 addresses preventing and detecting UST system releases; 40 CFR §280.32 requires the UST system be compatible with the substance stored. As the US moves toward an increased use of biofuels, including ethanol and biodiesel, compliance with the UST compatibility requirement becomes even more important, since biofuel blends can compromise the integrity of some UST system materials. Therefore, EPA issued guidance on how owners and operators of UST systems storing fuels containing greater than 10 percent ethanol or greater than 20 percent biodiesel can demonstrate compliance with the UST compatibility requirement.

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OSHA Proposes Revisions To Recordkeeping And Reporting Rule

The Occupational Safety and Health Administration (OSHA) has proposed an update and revision of two aspects of the agency's recordkeeping and reporting requirements for work-related injuries and illnesses. The new proposed reporting requirements revised OSHA's current regulation that requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. Under the revised proposal, employers would be required to report to OSHA any work-related fatalities and all in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. Reporting amputations is not required under the current regulation.

OSHA is also proposing to update Appendix A of the recordkeeping rule (Part 1904 Subpart B) that lists industries partially exempt from the requirements to maintain work-related injury or illness logs. These industries received partial exemption because of their relatively low injury and illness rates. The current list of industries is based on the Standard Industrial Classification (SIC) system. The North American Industry Classification System (NAICS) was introduced in 1997 to replace the SIC system for classifying establishments by industry. When OSHA issued the recordkeeping rule in 2001, the agency used the old SIC code system because injury and illness data were not yet available based on the NAICS. OSHA is also updating Appendix A in response to a 2009 GAO report recommending that the agency update the coverage of the relevant recordkeeping requirements from the old SIC system to the newer NAICS.

OSHA is requesting public comments on the proposed revisions. Comments must be submitted by Sept. 20, 2011.

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Schedule For New Air Toxics Standards For Boilers And Solid Waste Incinerators

As part of a filing with the US Court of Appeals for the DC Circuit, the U.S. Environmental Protection Agency (EPA) has set a schedule for issuing updated air toxics standards for boilers and certain solid waste incinerators. The agency will propose standards to be reconsidered by the end of October 2011 and issue final standards by the end of April 2012.

As background, following its April 2010 proposed rule, the agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. Based on this input, the agency made revisions. Because the final standards significantly differ from the proposal; however, EPA believed further public review was required and announced it would reconsider the standards.

After the final standards were issued, multiple industry groups petitioned the agency to delay the effective date of standards for major source boilers and commercial and industrial solid waste incinerators. In May 2011, EPA announced it would stay the effective date of those standards. EPA did not stay the effective date of the standards for boilers located at area sources of air toxic emissions.

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SmartWay Initiative To Reduce Diesel Emissions At Ports

U.S. Environmental Protection Agency (EPA), the Coalition for Responsible Transportation and the Environmental Defense Fund have launched a new initiative to reduced emissions from thousands of short-haul trucks that service the nation’s ports. The new EPA SmartWay initiative will reduce diesel emissions from dray trucks, large diesel trucks that are widely used in port facilities to haul freight from cargo ships to nearby local distribution points.

Under the SmartWay dray truck initiative, carriers sign an agreement with EPA to track and reduce PM 2.5 emissions by 50% and nitrogen oxides (NOx) emissions by 25% below the industry average over a three year period. In addition, SmartWay dray shipper partners will commit to use the cleaner trucks to haul 75% or more of port freight. Charter shipper partners in the program include Best Buy, The Home Depot, Hewlett Packard, JC Penney, Lowe's, Nike, Target, and Walmart.

Under the agreement and through the incentives, EPA and its SmartWay partners expect to build on the SmartWay program’s success in cutting fuel costs, reducing diesel emissions, preserving jobs, and protecting air quality. Since 2004, SmartWay partners including many of the country’s top retailers, trucking and rail companies and manufacturers have reduced fuel use, cut foreign oil imports by 50 million barrels and saved an estimated $6.1 billion in fuel costs.

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