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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