What Kinds Of Oil Are Regulated Under SPCC Rule?

What types of oil are regulated by the SPCC Rules (40 CFR 112)?

Caltha receives this question often as facility operators or owners are determining if the SPCC Rule applies to their site. The SPCC Rules define “oil” broadly, and also differentiate between “oil” and “non-petroleum oil”. Petroleum oils, fuels, etc are regulated, as are synthetic oils, and oily wastes. In general, materials that can create a surface sheen or an emulsion in water are likely regulated as oil under the SPCC rules.

40 CFR 122.2:
"Oil means oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil."

"Non-petroleum oil means oil of any kind that is not petroleum-based, including but not limited to: Fats, oils, and greases of animal, fish, or marine mammal origin; and vegetable oils, including oils from seeds, nuts, fruits, and kernels."

On April 18, 2011, EPA published a final rule amending the SPCC regulations to exempt milk and milk product containers, associated piping and appurtenances. EPA believes that certain specific construction and sanitation standards and requirements address the prevention of oil discharges in quantities that may be harmful. The capacity of the exempt milk and milk product containers, piping and appurtenances does need not be included in a facility's total oil storage capacity calculation to determine if the facility is subject to SPCC.

SPCC Rules apply to oil-filled operational equipment. Oil-filled operational equipment means equipment that includes an oil storage container (or multiple containers) in which the oil is present solely to support the function of the apparatus or the device. Oil-filled operational equipment is not considered a bulk storage container, and does not include oil-filled manufacturing equipment (flow-through process). Examples of oil-filled operational equipment include hydraulic systems, lubricating systems, gear boxes, machining coolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systems containing oil solely to enable the operation of the device.

FAQ: Does an SPCC Plan Expire? How often must I update my SPCC Plan?


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Johnson & Johnson To Phase Out Certain Chemicals From Products

Johnson and Johnson has announced that it plans to remove all potential carcinogens and dangerous chemicals from its line of toiletries and cosmetics for adults by 2015. Among the chemicals that will be removed from the products, which include adult skin care brands such as Aveeno and Neutrogena, over the next 3-4 years are 1,4 dioxane, formaldehyde, triclosan, phthalates, parabens, and fragrance ingredients. However, products will be allowed to contain chemicals that release formaldehyde in the event that there is no safe alternative. J and J's decision to remove the chemicals from its products comes after the Campaign for Safe Cosmetics began pressuring the company to do so in order to protect consumers and its own employees.

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

Ohio Revises Rules For Underground Storage Tanks

Ohio has changed its underground storage tank regulations to align with federal rules.Under Ohio Rule OAC 1301-7-9-06, all new UST Systems must have secondary containment. Previously, only UST Systems in sensitive areas had to secondary containment. Further, when the cumulative replacement of an existing UST system exceeds 50%, then the entire system must have secondary containment. When new dispensers are installed or when existing dispensers are repaired and did not have containment pans under the dispenser, containment must be then installed under the dispenser.

Under Rule OAC 1301-7-9-19, by August 8, 2012, Owners and operators had to designate, train and document the training of Class A, B and C operators. This training was for operators of UST systems and is in addition to the licensure requirements for UST installers. Licensed UST installers automatically qualify as Class A operators.

Class A Operators have the primary responsibility for achieving and maintaining compliance with statutory and regulatory requirements and standards necessary to operate and maintain the UST system at one or more UST Sites. Class B Operators have the primary responsibility for implementing applicable requirements and standards for UST systems at one or more UST sites. Class A and B Operators have to undergo training from a state Fire Marshal approved trainer using formats approved by the state.

Class C operators (often being at least one attendant at the facility during working hours) are responsible for the initial response to alarms and other indications of emergencies caused by spills or releases from a UST system and for notifying the Class A or Class B Operators or emergency response personnel of the same. Class C operators may be trained by Class A or Class B operators using formats approved by the state.


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Extractive Industries Transparency Initiative Committee Nominations

On August 20, the Department of the Interior (DOI) announced it was extending the deadline by 30 days to receive nominations for membership on a national committee to guide and oversee U.S. implementation of the Extractive Industries Transparency Initiative (USEITI). The initiative is a voluntary, global effort designed to increase transparency, strengthen the accountability of natural resource revenues, and build public trust for the governance of these vital activities.

The committee is being convened under the Federal Advisory Committee Act. Members will include non-federal representatives from the extractive industry and the public, and may ultimately include representatives from state, local, and/or tribal governments. USEITI commits participating countries to disclose to an independent reconciler certain revenues obtained for oil, gas and mining development. It also commits companies to make parallel disclosures regarding payments to the government. The reconciled figures are then made public. The design of each nation's EITI framework is country-specific and developed jointly by a multi-stakeholder group comprised of members of the public, government, and industry through a multi-year, consensus-based process. The committee will serve as the initial multi-stakeholder group for USEITI implementation.

Nominations for membership on the committee must now be received by September 26, 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. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Cross-State Air Pollution Rule CSAPR Vacated By Court

On August 21, the U.S. Court of Appeals for the District of Columbia legally voided EPA's August 2011 Cross-State Air Pollution Rule (CSAPR). CSAPR, also known as the Transport Rule, applies emissions limits on 28 upwind states to protect downwind states from air pollution. The rule has been on hold since December 2011. In its place, EPA has been enforcing CSAPR's predecessor, the Clean Air Interstate Rule, or CAIR.The statutory requirement for upwind states to prevent sources within their borders from polluting downwind states is often called the “good neighbor statute.” In order to implement this good neighbor statute, the Transport Rule places limits primarily on upwind states' coal-and natural gas-fired power plants' emissions of sulfur dioxide and nitrogen oxides.Several states, local governments, industry groups, and labor organizations petitioned the court for a review of the Transport Rule.

The Court explained that both the federal government and the states play significant roles in a system of cooperative air pollution control. "The federal government sets air quality standards for pollutants. The states have the primary responsibility for determining how to meet those standards and regulating sources within their borders."In its decision, the Court said EPA's Transport Rule exceeds the Agency's statutory authority in two ways:

1. The statute grants EPA the authority to require upwind states to reduce only their own significant contributions to a downwind state's nonattainment. However, the Transport Rule may require states to reduce emissions by more than their own significant contributions to a downwind state's nonattainment. The court stated, “EPA has used the good neighbor provision to impose massive emissions reduction requirements on upwind states without regard to the limits imposed by the statutory text.”
2. The Clean Air Act affords states the initial opportunity to implement reductions required by EPA under the good neighbor provision. But the Transport Rule did not allow the states this opportunity. Instead, EPA quantified states' good neighbor obligations and simultaneously set forth EPA-designed obligations at the state level.

The Court noted that Congress could alter the statute to permit or require EPA's preferred approach to the good neighbor issue. Unless and until Congress does so, EPA must enforce the standard as it is currently written. The Agency has not yet commented on the ruling or on whether it will continue to implement CAIR.

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

Implementation of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is moving forward to implement its new statutory authority to strengthen federal pipeline safety regulations. A notice of proposed rulemaking (NPRM) is the first step to implement the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, which toughened pipeline safety regulations and PHMSA's ability to enforce them.

The Act authorizes PHMSA to increase the maximum civil penalty for pipeline safety violations from $100,000 to $200,000 per violation per day. In addition, the agency will be able to collect a maximum of $2,000,000 for a related series of violations, up from $1,000,000. PHMSA proposes to apply the new maximums in cases that occur after Jan. 3, 2012, the date the Act was signed into law.

Proposed amendments to the Pipeline Safety Regulations also include technical changes and other minor corrections, including returning PHMSA's authority to enforce the provisions of the Oil Pollution Act of 1990, which had been transferred to the Coast Guard during the establishment of the Department of Homeland Security.


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

 

NSPS Revised For Nitric Acid Plants

EPA has finalized new source performance standards (NSPS) for nitric acid plants, effective August 14, 2012. The new standards include lowering the nitrogen oxides (NOx) emission limit for each nitric acid production unit (NAPU) that was built or modified after October 14, 2011. The rule also includes additional testing and monitoring requirements. NSPS are required under Clean Air Act section 111(b) and are issued for sources which cause or contribute significantly to air pollution. The NSPS must reflect the best system of emission reduction, or BSER, and EPA must assess whether a standard is achievable by the regulated industry.

The final rule reduced NOx emissions from 3.0 pounds of NOx per ton of 100 percent nitric acid produced (lb NOx/ton acid) to 0.50 lb NOx/ton acid as a 30 operating day emissions rate calculated each operating day based on the previous 30 operating days.

Although general provisions in 40 CFR Part 60 provide exceptions for periods of startup, shutdown, and malfunctions, the new final rules will not allow any exceptions to the emissions limits — even during startups and shutdowns. EPA says there is equipment available to address higher emissions during these periods, if that is a concern for a facility. Certain allowances and exceptions may still be made for malfunctions.

Although NAPUs emit another nitrogen compound known as nitrous oxide (N2O), considered a greenhouse gas (GHG), EPA's final rule does not address the compound. However, the Agency says it is in the process of gathering and analyzing data on GHG emissions from NAPUs that will allow it to continue working toward a proposal for GHG standards from nitric acid plants.


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

 

Proposed Amendment To Hazardous Materials Regulations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.

These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods-Model Regulations and subsequently address a petition for rulemaking.

Comments must be received by October 15, 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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Alliance of Hazardous Materials Professionals-NSC August Meeting

The North Star Chapter of the Alliance of Hazardous Materials Professionals (AHMP) is announcing its August General Membership Meeting. This month’s meeting focuses on indoor air quality topics and adjustments to air handling systems to improve performance.

Date: Thursday August 30, 2012
Time: 3:00 – 4:30 PM
Location: Institute for Environmental Assessment (IEA)
9201 W. Broadway, #600, Brooklyn Park, MN 55445

Agenda:
Indoor Air Quality/ Indoor Environmental Quality
This session will cover the key concepts of facility indoor environmental quality (IEQ) to provide a basic understanding of what factors impact a facilities indoor environment, especially in regards to mold and interior contaminants. Session will also discuss strategies to improve the IEQ in a facility.

Recommissioning HVAC Systems For Improved Air Quality and Energy Performance
Presentation will provide insight on recommissioning (renovating) of ventilation systems to improve air quality and energy performance. Discussion will include benefits and cost effective action items building owners and operators could consider to improve the indoor environment, as well as see benefits in energy efficiency.

General Membership Meeting
A brief general membership meeting will follow.
Membership:
The General Meeting is open to all North Star Chapter members – anyone else can become a member at the North Star Chapter website, or can print out the membership application ( http://ahmp-nsc.org/pdfs/memberap.pdf ) and bring it to the general meeting.

You do not need to be a Certified Hazardous Material Manager, or a member of the national AHMP group to be a member of the North Star Chapter.

Watch For Upcoming Meetings:
Tour of local hazardous and industrial waste treatment facility
Tour of local recycling operation

Review Of Flexible Polyurethane Foam MACT

US EPA have announced its intent to conduct the residual risk and technology reviews for national emission standards for hazardous air pollutants (NESHAP) for flexible polyurethane foam production. The Flexible Polyurethane Foam MACT standard was promulgated in October 1998.

EPA is required to review standards issued under Section 112 and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. EPA also must evaluate the MACT standards within 8 years after promulgation and promulgate standards under CAA section 112 (f)(2) if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. The source category potentially will be assessed for inhalation risks, including cancer risk and incidence, population cancer risk, and non-cancer effects (chronic and acute). EPA also plans to potentially evaluate multipathway risk associated with the source categories with significant levels of persistent and bioaccumulative HAP. The agency will follow the Benzene Policy to identify the source category as low risk, acceptable risk, or unacceptable risk. EPA will then evaluate the effectiveness and cost of additional risk reduction options and make acceptability and ample-margin-of-safety determinations. If the need for additional controls is identified, the standards will include technology, work practice, and/or performance standards as amendments to the existing MACT standards.

Work on the review began in April 2012. EPA anticipates publishing a Notice of Proposed Rule Making (NPRM) in th Federal Register in November 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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Public Comment Extended For Arizona Regional Haze Rule

The U.S. Environmental Protection Agency extended the public comment period for a rule (Regional Haze Rule) proposed earlier this month that would require additional pollution controls for nitrogen oxide at 3 power plants in eastern Arizona. The rule would improve visibility and human health at 18 national parks and wilderness areas, including the Grand Canyon, Saguaro National Park and the Petrified Forest.

EPA is soliciting public comments on the proposal through September 18, and will host two additional public hearings in Ariz. The hearings will be held on August 14, 2012 in Holbrook, Arizona, and on August 15, 2012 in Benson, Arizona. The deadline for final EPA action remains November 15, 2012.

On July 2, EPA proposed to approve Arizona’s plan that controls emissions of sulfur dioxide and coarse particles from older boilers at the Apache Generating Station, Coronado Generating Station and the Cholla Power Plant. In addition, EPA proposed a federal plan to limit nitrogen oxide (NOx) emissions at these plants. The proposal is designed to cut NOx emissions by 7,800 tons per year at the Cholla Power Plant, 4,700 tons/year at the Apache Generating Station, and 4,500 tons/year at the Coronado Generating Station.

Under the Clean Air Act, Congress set a long-term goal of restoring natural visibility conditions in numerous national parks and wilderness areas throughout the United States, known as Class 1 Areas. One of the strategies for achieving this goal is the use of Best Available Retrofit Technology at older power plants that cause or contribute to visibility impairment at Class I areas. The three power plants impact 18 of these areas.


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Implementation of the Reduction of Lead in Drinking Water Act

On August 16, 2012, the US Environmental Protection Agency (EPA) plans to host a public meeting to get input from states, manufacturers, drinking water system administrators, and other interested groups and consumers on the implementation of the Reduction of Lead in Drinking Water Act of 2011. The Act was signed on January 4, 2011, and will go into effect in January 2014. The meeting will be held at the EPA Conference Center in Arlington, VA, from 1 - 4:30 pm.

The Act amends Section 1417 of the Safe Drinking Water Act (SDWA) to prohibit the use of certain plumbing products that are not “lead free” (as defined by SDWA), and bans the introduction of products that are not “lead free.” The revision to the SDWA changed the definition of "lead-free" to a lead content with weighted average of not more than 0.25% in the wetted surface material. In addition, the Act added a specific formula for calculating lead content. Finally, the Act created two separate exemptions to the prohibitions on the use and introduction into commerce of products that are not “lead free.”

Some changes to the Act raised implementation challenges and issues that may warrant further regulatory changes. EPA says it would make any needed regulatory changes as part of the Lead and Copper Rule long-term revisions. Because the final Lead and Copper Rule revisions will be published after the effective date of SDWA revisions, the Agency intends to provide information to assist plumbing manufacturers, states, water systems, plumbing retailers, and other parties in complying with the provisions of the Act starting in 2014. Information in the public meeting will help inform these stakeholders on the regulatory revisions that will affect them.


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

 

OSHA Guidance On Protecting Workers During Crushing & Recycling Fluorescent Bulbs

OSHA has issued two new educational resources to help protect workers from mercury exposure while crushing and recycling fluorescent bulbs. Compact fluorescent bulbs are more efficient than incandescent bulbs, but the shift to energy-saving fluorescents, which contain mercury, calls for more attention to workers who handle, dispose of, and recycle used fluorescent bulbs.

An OSHA fact sheet explains how workers may be exposed, what kinds of engineering controls and personal protective equipment they need, and how to use these controls and equipment properly. In addition, a new OSHA Quick Card alerts employers and workers to the hazards of mercury and provides information on how to properly clean up accidentally broken fluorescent bulbs to minimize workers' exposures to mercury.

According to OSHA, fluorescent bulbs can release mercury and may expose workers when they are broken accidentally or crushed as part of the routine disposal or recycling process. Depending on the duration and level of exposure, mercury can cause nervous system disorders such as tremors, kidney problems, and damage to unborn children.


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

 

Temporary Stay On Parts Of MASTS Rule

US Environmental Protection Agency (EPA )has published a “partial stay” in the August 2 Federal Register, which puts a temporary halt on the national new source emissions standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units. Certain emissions limits to mercury and air toxics under the Clean Air Act have been placed on hold until November 2, 2012.

EPA issued the National Emissions Standards for Hazardous Air Pollutants (NESHAPS) for the source category, generally referred to as the mercury and air toxic standards (MATS Rules), on February 16, 2012. On July 20, the Agency issued a letter stating its intent to review the rule and grant petitions for reconsideration on certain new source issues related to the emissions standards, including measurement issues related to mercury, particulate matter, and hydrochloric acid.

The specific parts of the MATS Rule that have been placed on hold include 40 CFR 63.9984(a), 63.10005(g), 63.10030(c), Table 1 to Subpart UUUUU of 40 CFR Part 63, and row 2 of Table 3 to Subpart UUUUU of 40 CFR Part 63. The action also stays the effectiveness of any monitoring, recordkeeping, and reporting requirements related to new source standards. The rest of the rule, however, remains in effect.


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