Proposed Changes To Portland Concrete Manufacturing MACT

In response to a federal court ruling and data from industry, the U.S. Environmental Protection Agency (EPA) is proposing changes to its 2010 air standards for the Portland cement manufacturing industry. The proposal would continue the significant emission reductions from the 2010 standards while providing industry additional compliance flexibilities, including more time to implement the proposed updates by extending the compliance date for existing cement kilns from September 2013 to September 2015.

In December 2011, the U.S. Court of Appeals for the D.C. Circuit determined that EPA’s standards were legally sound, but asked the agency to account for rules finalized after the cement standards were issued. The proposed updates to certain emissions limits, monitoring requirements and compliance timelines are being made in response to this court remand and petitions for reconsideration of EPA’s 2010 final rule,

Based on new technical information, EPA is proposing to adjust the way cement kilns continuously monitor for particle pollution and would set new particle pollution emissions limits and averaging times to account for these changes. The proposed rule would not apply to kilns that burn non-hazardous solid waste; those kilns would be covered by other standards. The proposed extended compliance date would allow industry to reassess their emission control strategies in light of the proposed changes to the PM limits and monitoring methods.

EPA will accept comments on the proposed changes for 30 days after the proposal is published in the Federal Register. The agency will hold a public hearing if requested to do so. EPA expects to finalize the rule by December 20, 2012.


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IDNR Schedules Public Meetings On Revised Compliance and Enforcement Procedures

The Iowa Department of Natural Resources (DNR) has scheduled three additional public hearings for proposed new Chapter 17, Compliance and Enforcement Procedures. The DNR is also providing more information on how the DNR plans to implement Chapter 17.

The DNR is holding the additional hearings to allow the public further opportunity to provide input. The DNR held its first public hearing on Monday, April 23.

The three hearings will be held in July and August as follows:

•  Wednesday, July 18, 2012 in Iowa City;
• Tuesday, July 31, 2012 in Mason City; and
• Tuesday, August 7, 2012 in Carroll.

Further, in response to public comments already received, the DNR is providing more information about how the DNR plans to implement Chapter 17. The DNR did not make any changes to the proposed rule language for Chapter 17.

The DNR is also requesting additional public comments. Written comments or suggestions are due no later than 4:30 p.m. on Thursday, August 16, 2012.


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Proposed Fine Particulate PM2.5 Standard

In response to a court order, the U.S. Environmental Protection Agency (EPA) has proposed updates to its national ambient air quality standards (NAAQS) for fine particulates known as PM2.5. A federal court ruling required EPA to update the standard based on best available science. According to EPA estimates, 99 % of U.S. counties are projected to meet the proposed standard without any additional action.

EPA’s proposal lowers the annual health standard for PM2.5 to a level within a range of 12 to 13 micrograms per cubic meter. The current annual standard is 15 micrograms per cubic meter. By proposing a range, the agency will collect input from the public as well as a number of stakeholders, including industry and public health groups, to help determine the most appropriate final standard to protect public health.

The proposal has no effect on the existing daily standard for fine particles or the existing daily standard for coarse particles (PM10), both of which would remain unchanged. The Clean Air Act requires EPA to review its standards for particle pollution every five years to determine whether the standards should be revised. The law requires the agency to ensure the standards are “requisite to protect public health with an adequate margin of safety” and “requisite to protect the public welfare.” A federal court ordered EPA sign the proposed particle pollution standards by June 14, 2012, because the agency did not meet its five-year legal deadline for reviewing the standards.

EPA will accept public comment for 63 days after the proposed standards are published in the Federal Register. The agency plans to hold two public hearings; one in Sacramento, CA. and one in Philadelphia, PA. EPA will issue the final standards by December 14, 2012.


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NO2 Nitrogen Dioxide Air Standard Review Schedule

US EPA has published its anticipated schedule for the next 5-year review of the NO2 National Ambient Air Quality Standard (NAAQS). The review cycle initiated in March 2012 and is anticipated to be completed by January 2016.

The last review of the NO2 primary (health-based) NAAQS was completed in January 2010, with the final decision published in the Federal Register in February 2010. In that decision, EPA added a new 1-hour NO2 standard, with a level of 100 ppb, to the existing annual standard, with a level of 53 ppb. The Clean Air Act establishes a 5-year review cycle for all NAAQS.


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Texas New Source Review NSR Program Approval

U.S. Environmental Protection Agency (EPA) announced its proposal to approve revisions submitted by the Texas Commission on Environmental Quality to the state’s permitting program for major air pollution sources under the Clean Air Act’s New Source Review (NSR) program. These changes to the State’s clean air plan meet federal clean air goals by establishing state rules for existing major facilities that are consistent with federal permitting requirements.

The revised plan provides operating flexibility by establishing site-wide emission caps known as “Plant-wide Applicability Limits,” or PALS, for existing sources. These PALS require continuous monitoring for each of the units included in the cap. PALS are a useful because they provide flexibility in the daily operations at a facility. Today’s proposal is the result of many months of work by Texas Commission on Environmental Quality and EPA to develop a PALS program for the state.

After publication in the Federal Register, the EPA will seek public comment on this proposed approval of the state’s revised plan for 30 days. Comments will be considered as the agency completes the final decision process.

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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EPA Publishes Final Cross-State Air Pollution Rule Transport Rule

On June 12, EPA announced the final set of minor adjustments to the Cross-State Air Pollution Rule (CSAPR), better known as the "Transport Rule." The Agency says the changes will provide important and consistent technical adjustments to the CSAPR programs in certain states. No changes were made to the core elements of the program.

The changes were originally issued as a direct final rule in the February 21, 2012, Federal Register, but were withdrawn because EPA received adverse comments during the public comment period. The Agency says the new final rule includes the same set of revisions; it also addresses the comments received.

The final rule revises state budgets for Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, New York, Ohio, Oklahoma, South Carolina, and Texas. In addition, the rule revises unit set-asides for Arkansas, Louisiana, and Missouri.

CSAPR is a market-based program that is designed to reduce the amount of pollutants that drift from upwind states into downwind states. According to EPA, the total budget increase from the new rule is small (< 1%) when compared to the millions of tons of pollution reductions secured by CSAPR. On December 30, 2011, the U.S. District Court of Appeals stayed CSAPR pending judicial review. Currently CSAPR's predecessor, the Clean Air Interstate Rule, is in effect. The Agency anticipates a ruling from the court on CSAPR sometime this summer. EPA finalized the new adjustments and corrections so that it can be “prepared to implement CSAPR if the stay is lifted. Finalizing the rule does not impose any requirements on regulated units or states.

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Chemical Data Reporting CDR Submittal Deadline Extended

The Assistant Administrator for Chemical Safety and Pollution Prevention signed a final rule on June 11, 2012 which extended the submittal period of Chemical Data Reporting (CDR). Until this extension, CDR submittals were due on or before June 30, 2012. This change extends the submittal period to August 13, 2012.

CDR reporting requires that manufacturers, processors and/or importers of TSCA-regulated chemicals to report quantities manufactured or imported and certain other information regarding chemical manufacturing (including imports) and processing.

Read a summary of the CDR rule finalized in 2011.

Need technical assistance in determining what chemicals require reporting or help with the submittal process? Caltha LLP provides technical resources to meet the needs of large and small businesses around the county. For further information, contact Caltha at (763) 208-6430 or email your questions to info@calthacompany.com

OSHA To Discuss Requirements For OSHA-approved State Plans

OSHA has scheduled an informal stakeholder meeting for June 25, 2012 on establishing definitions and measures to determine whether OSHA-approved State Plans for occupational safety and health (State Plans) are at least as effective as the federal OSHA program. The purpose of this meeting is to provide a forum to gather information and ideas on key outcome and activity based indicators and how OSHA can use such indicators to assess the effectiveness of State Plans.

The specific issues to be discussed will include the following:

• OSHA's mission is "to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance."
• How would you define or describe the components that constitute an OSHA-approved State Plan that was "effective" in achieving this mission (e.g., funding, staffing, standards setting, strong enforcement program, strong consultation program, frequency of inspection, strong training and outreach programs, level of penalties etc.)?
• What outcome based measures would you use to determine whether OSHA-approved State Plans were achieving this mission (e.g., reductions in injury and illness rates, reductions in fatality rates, etc.)?
• What activity based measures would you use to determine whether OSHA-approved State Plans were achieving this mission (e.g., number of inspections conducted, number of violations issued, etc.)?
• Should there be a core set of effectiveness measures that both OSHA and State Plan programs must meet?
• What activity and outcome based measures would you use to assess effectiveness as it relates to the reduction of health hazards?
• What activity and outcome based measures would you use to assess the effectiveness of the whistleblower program under Section 11(c) of the Act?
• What indicators would you use to determine and monitor whether OSHA-approved State Plans are "at least as effective" as federal OSHA as outlined in Section 18(b) of the Act?

The stakeholder meeting is scheduled to take place on June 25, 2012 from 10 a.m. to 1 p.m. in Washington, DC. The deadline for registration to attend or participate in the meeting and to submit written comments is June 11, 2012.

Caltha LLP provides specialized expertise to clients nationwide in the Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.

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PHMSA Rule Making On DOT Cylinders

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed amendments to the Hazardous Materials Regulations (HMR) to revise certain requirements applicable to the manufacture, use, and requalification of DOT specification cylinders. PHMSA issued an advance notice of proposed rulemaking (ANPRM) in response to petitions for rulemaking submitted by the regulated community and a review of the regulations applicable to compressed gas cylinders.
PHMSA is not proposing specific amendments to the HMR; rather, the agency is seeking comment on the issues discussed in the ANPRM. The ANPRM focuses on specific petitions for rulemaking and special permits, however, PHMSA will accept comments on the HMR applicable to compressed gas cylinders. Comments must be received by August 27, 2012.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
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info@calthacompany.com or Caltha LLP Website