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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OSHA GHS Hazard Communication Final Rule Expected In August 2011

The U.S. Occupational Safety and Health Administration (OSHA) has released their timetable on the adoption of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) into the federal hazard communication standards. After a long rulemaking process, which began with an Advanced Notice of Proposed Rulemaking in September 2006, a Final Rule is expected to be completed in August 2011.

The current OSHA hazard communication standard used in the United States is not consistent internationally and can cause complications when dealing with international trade. Adoption of the GHS into federal requirements will allow US manufacturers, employers and employees to use a hazard communication system that is more recognizable worldwide. Several countries, including the European Union, have already adopted the GHS, with varying implementation schedules.

[Read a Regulatory Briefing on the proposed GHS standard]

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Extension of Comment Period For Mercury And Air Toxics Standards

In response to requests from Congress and to allow additional public comment, EPA has extended the timeline for public input on the proposed mercury and air toxics standards applicable to coal-fired power plants. The 30-day extension will not alter the timeline for issuing the final standards in November 2011.

EPA proposed the national mercury and air toxics standards in March. The standards will be phased in over 3 years, and states have the ability to give facilities a fourth year to comply. Currently, EPA estimates that more than half of all coal-fired power plants already deploy widely available pollution control technologies that are called for to meet the proposed standards. Once final in November, these standards will require the remaining coal-fired plants, roughly 44%, take similar steps to decrease emissions.

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Court Upholds Wisconsin New Source Review Reforms

The Seventh Circuit Court of Appeals has upheld Wisconsin’s adoption of U.S. EPA’s Clean Air Act New Source Review (NSR) reforms. In 2006, Wisconsin adopted and incorporated the federal NSR reforms into its state implementation plan, which EPA approved in 2008. Shortly thereafter, environmental groups submitted to EPA a petition to reconsider its approval of Wisconsin’s NSR reforms. In January 2010, EPA denied the petition. The groups then filed petitions in the Seventh Circuit, seeking judicial review of EPA’s denial of their petition for reconsideration.

The three elements of the NSR reforms at issue were:
1. The use of the “actual-to-projected future actual” test to determine whether a stationary source modification will cause an increase in emissions that is large enough to trigger Prevention of Significant Deterioration (PSD) or Non-Attainment Area NSR permitting obligations.
2. A rule allowing permit applicants to select any 24-month consecutive period out of the last ten years of emissions data to establish a facility’s baseline emissions.
3. A rule allowing the use of a plantwide applicability limitation (PAL).

Throughout the case, environmental groups argued that these three elements could result in an overall increase in emissions from stationary sources in Wisconsin, contrary to anti-backsliding prohibitions in the Clean Air Act. The Seventh Circuit rejected these arguments in favor of the air modeling EPA conducted to provide technical support for its NSR reforms. However, the court did note that, at some point, air modeling will need to be replaced with actual data to demonstrate whether NSR reforms are or are not causing an increase in emissions. Also, EPA’s approval of Wisconsin’s NSR reforms does not relieve the state of its obligations to prevent emissions increases.

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Registration Of Water Withdrawals In Wisconsin Due June 30

The Wisconsin Department of Natural Resources (WDNR) has announced that industrial water users that exceed specific thresholds will need to register with the State by June 30, 2011. All industries that withdraw 100,000 gallons or more of water per day, or 70 gallons or more per minute, from any water source, are required to register with the WDNR. The registration requirement applies to both existing and new withdrawals from either surface or groundwater sources. This requirement also applies to industries that only make temporary withdrawals. Each property that meets the registration threshold must be registered separately

Registered withdrawals will need to measure or estimate the volume of water withdrawn every month and report that information to the WDNR each year by March 1. WDNR intends to send reminders of the annual reporting requirements and the process for submitting the information.

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Metal Fabrication And Finishing NESHAP Compliance Summary

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 July 25, 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 specified metal compounds. 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 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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EPA Revokes TSCA Confidential Business Information CBI For Certain Chemicals

U.S. Environmental Protection Agency has made public the identities of more than 150 chemicals contained in 104 health and safety studies that had previously been claimed confidential by industry. For these 104 studies, the chemical identity will no longer be redacted. The chemicals involved are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

In 2010, EPA requested that the industry voluntarily declassify unwarranted claims of confidential business information (CBI). The agency also issued new guidance outlining plans to deny confidentiality claims for chemical identity in health and safety studies under the Toxic Substances Control Act (TSCA). Based on this guidance, EPA notified a number of companies in February 2011 that the agency had determined that their CBI claim was not eligible for confidential treatment under TSCA and that EPA intended to make the information public. The health and safety studies include some declassified by the agency and other voluntary declassifications by companies in response to EPA’s 2010 request.

In addition to these actions, EPA has recently taken other steps to make chemical information more readily available. The agency has provided the public with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites. EPA also launched a new chemical data access tool gives the public the ability to electronically search EPA’s database of more than 10,000 health and safety documents on a wide range of chemicals.

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