MATS Rule Reconsideration Request

A group of fossil fuel power generation developers have petitioned the U.S. District Court of Appeals in the District of Columbia to either expedite their case against the Environmental Protection Agency or order the agency to meet a deadline for revising the requirements of its Mercury and Air Toxics Standards (MATS). The developers originally sued the EPA over the requirements of the MATS program, which they contend are too burdensome and cannot be met in time for a variety of new coal- and oil-fired project to qualify for an exemption from the EPA's New Source Performance Standards (NSPS).

The court initially agreed with the developers, but in September put the case in abeyance while the EPA reconsidered the controversial parts of the MATS rules, with a deadline for finalizing changes by March 2013. The developers want to resolve the case  so they can meet the April 12, 2013 compliance deadline for exemption from NSPS. The developers are asking the court to issue a court order by November 15 that would force the EPA to comply with the March 2013 deadline or expedite the case so it can be resolved earlier.

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Compliance Deadline For Chemical Manufacturing Area Sources NESHAP Put On Hold

EPA says it will publish a final rule in an upcoming Federal Register placing a "stay" on revisions to emissions standards for chemical manufacturing area sources (CMAS). The stay effectively places the rule on hold.

In January 2012, EPA issued a proposed rule reconsidering provisions in the final National Emissions Standards for Hazardous Air Pollutants for CMAS. The compliance date for the final CMAS rule is October 29, 2012. However, EPA is still in the process of finalizing the reconsideration action and needs more time to complete it. The rule, as found at 40 CFR Part 63, Subpart VVVVVV will be on hold until 60 days after it is published in the Federal Register.

EPA had originally published the final CMAS rule in 2009, but petitioners asked the Agency to reconsider certain provisions in the rule. The January 2012 proposed reconsiderations include provisions that, if finalized, would revise the applicability of the final rule.

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Proposed Revision To Colorado Tank Rules

The Colorado Department of Labor and Employment (CDLE) – Division of Oil and Public Safety (OPS) is proposing changes to all Articles of regulation 7 CCR 1101-14, Storage Tank Regulations. These proposed changes include some technical changes (additions or changes of existing requirements) and to clarifications.

Some of the key proposed changes include:
Article 1 – General Provisions
• Add some definitions from statutes or from existing regulation Articles.
• Add a Glossary of terms.
• Clarified the definition of “Owner”.

Article 1.5 (New) – Motor Fuel Dispensing, Weights and Measures, and Product Quality
• Add a Motor Fuel Dispensing and Weights and Measures Article describing current requirements.

Article 2 – Underground Storage Tanks
• Clarify UST systems that are exempt from the Regulations.
• Clarify “Determination of Ownership and Use”.
• Remove specifics of what is required on the installation application and defaulted to the current application for these specifics.
• Added the requirement to conduct an assessment during repairs of subsurface portions of a UST system.
• Add out of service requirements to add flexibility for tank owners with systems that operate seasonally.

Article 3 – Aboveground Storage Tanks
• Added a new table describing restricted-capacity fleet vehicle motor fuel dispensing operations.

Article 4 – Release Reporting, Investigation, and Confirmation
• Define water in tank as two inches or more.
• Define suspected release in containment equipment as when fuel is in contact with penetration points, and add a requirement for hydrotesting of spill containment in response to this suspected release.
• Add a requirement for a site check in response to inconclusive SIR results.
• Add a requirement for a site check in response to a failed system test.

Article 5 – Release Response and Corrective Action
• Remove parameters of calculating site-specific target levels. This information will be included in the Guidance Document.
• Clarify that the responsibility for addressing releases remains with the owner/operator who owned the tank system at the time of the release.
• Add requirement to assess groundwater in response to a confirmed release.
• Add specifications for pilot testing.
• Add specific conditions to be met prior to requesting no further action.

Article 6 - Enforcement
• Add a description of the enforcement process which is currently employed.

Article 8 – Petroleum Storage Tank Fund
• Add language specifying that an owner/operator who is reimbursed for cleanup costs must remain in operational compliance to continue to be reimbursed.
• Add language specifying reimbursement/invoice format requirements.
• Add the requirement that applications for reimbursement of costs must be submitted within 5 years of incurring the costs.
• Add “unallowed status” for costs, associated with fees or other payments, incurred to obtain access to off-site properties.
• Add “unallowed status” for costs associated with the rental of equipment owned by the applicant if the purchase of the equipment was previously reimbursed.
• Add requirement to send an application back to the Committee for review if the facility is out of operational compliance.
• Add a description of the “Vendor Offset” policy.


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FERC Proposed Rulemaking To Reduce Reporting and Filings

The Federal Energy Regulatory Commission (FERC) announced on October 18 three proposed regulatory reform actions to ease the regulatory burdens on the natural gas and oil pipeline industries. The Commission issued three Notices of Proposed Rulemaking that would reduce the pipeline industries' regulatory burden:

• A proposal to eliminate 145 annual filings made by Natural Gas Act pipelines as a result of a change in the annual charge assessment unit surcharge;
• A proposal to streamline the processing of rate and other filings by intrastate pipelines performing interstate service under section 311 of the Natural Gas Policy Act and Hinshaw pipelines; and
• A proposal to eliminate oil pipelines' unnecessary filings, update requirements for service, and update requirements for posting tariff information.

Comments on each proposal are due 30 days after publication in the Federal Register.

FERC staff also issued a report that identifies minor revisions to the Commission's natural gas pipeline regulations that may be appropriate to remove reporting requirements that no longer serve their intended purpose. The report was issued pursuant to the Nov. 8, 2011, Plan for Retrospective Analysis of Existing Rules prepared in response to Executive Order 13579, which requested independent regulatory agencies issue plans for periodic retrospective analysis of their existing regulations. Comments on the FERC staff report are due November 18.


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Proposed Changes To GHG Estimating Method Used By Electronics Manufacturers

US EPA is proposing to change the manner which electronics manufacturers calculate and monitor their greenhouse gas (GHG) emissions. The proposed rule, “GHG Reporting Program: Proposed amendments and confidentiality determinations for Subpart I,” was published in the October 16 Federal Register. Proposed changes include revising calculation methods and adding a new method, amending data reporting requirements, and clarifying terms and definitions. The Agency will accept comments until December 17, 2012.

The action also proposes confidentiality determinations for the reporting of the new and revised data elements. EPA said that many of the proposed actions are in response to a petition to reconsider specific aspects of the regulations.

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Revision To IDEM Underground Storage Tank Rules

Indiana Department of Environmental Management has revised its Underground Storage Tank Regulations under Senate Bill 168. The rule, which took effect July 1, added a new code section IC 13-23-7-10. The State may now impose a lien on the property of an owner or operator of an underground storage tank, if they fail to register or pay certain fees.

IDEM must: (1) provide 30 days written notice before filing a lien; and (2) perfect a lien by recording the lien with the county recorder in the county in which the property is located. The bill also added a new section to IC 13-23-8-4 that allows a bona fide purchaser eligibility to receive funds from the underground storage tank excess liability trust fund if the transferee pays past due fees of the transferor in certain circumstances.

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Approval For Texas New Source Review Program

On October 11, EPA approved revisions to the Texas permitting program for major air pollution sources under the Clean Air Act's New Source Review (NSR) program. According to EPA, changes submitted by the Texas Commission on Environmental Quality (TCEQ), increase regulatory certainty and efficiency while ensuring public health and the environment are protected. The revised plan provides industry with 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.

According to EPA, this final approval of the state's revised plan enhances the clarity and enforceability of state issued permits and also provides industry with flexibility to meet Clean Air Act requirements, while ensuring environmental protection. The adopted rules are fully consistent with federal requirements and consistent with NSR reform rules approved by EPA for other states in the country.

Congress established NSR permitting program as part of the 1977 Clean Air Act Amendments. NSR is a preconstruction permitting program that protects air quality while allowing for industrial growth. In Texas, NSR permits are legal documents issued by the TCEQ that facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.
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Pre-notification Requirements For Natural Gas Wells

On April 17, 2012, EPA issued new regulations under the Clean Air Act to reduce air emissions from the oil and natural gas industry. The final rule included the first federal air standards for natural gas wells that are hydraulically fractured. Key provisions in the rule call for "green completions" or reduced emission completions (RECs). Many of the new requirements in the rule become effective in January 2015; however, the pre-notification requirements of the rule go into effect on October 15, 2012.

The pre-notification requirements include sending an email to EPA no later than 2 days prior to completion following the hydraulic fracturing or refracturing of a gas well. The notification must include geographic coordinates of the affected wells and the estimated date that well completion will begin. According to the Agency, well owners and operators who are subject to state advance notice requirements for well completions can meet EPA's requirements by meeting the state notification requirements.

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Amendment To Renewable Fuel Standard Proposed

EPA has announced plans to provide additional clarifications, modifications, and technical amendments to the Renewable Fuel Standard and to clarify, modify and technically amend other fuels programs. The Renewable Fuel Standard (RFS) 2 program was required by the Energy Independence and Security Act of 2007 (EISA 2007), which amended the Clean Air Act (CAA). The final regulations for RFS2 were published in the Federal Register on March 26, 2010. EPA has previously published clarifications and modifications, technical amendments, and new pathways to the final RFS2 regulations.

This proposed regulation would provide additional clarifications, modifications, and technical amendments to RFS2 and will clarify, modify and technically amend other fuels programs in 40 CFR Part 80. This proposed action would also propose amendments to Table 1 to Section 80.1426 of the RFS2 regulations to include additional fuel pathways and assign each pathway a D-Code. It would allow producers or importers of fuel produced under these pathways to generate Renewable Identification Numbers under the program, providing that the fuel meets the other requirements for renewable fuel.

This proposed action would outline EPA's lifecycle greenhouse gas evaluation, specified in Clean Air Act section 211(o), as amended by EISA for several new pathways. This proposed action would then add these pathways to the table of approved fuel pathways.


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NSPS Review For Kraft Pulp Mills Planned

EPA has announced its intent to conduct a technical review of New Source Performance Standards (NSPS) applicable to kraft pulp mills. Section 111(b)(1) of the Clean Air Act (CAA) directs EPA to review and, if appropriate, revise the New Source Performance Standards at least every 8 years after promulgation. This is a review of Subpart BB, Standards of Performance for Kraft Pulp Mills Section 60.280 - 60.285 which was last revised in 1978.

The subpart is applicable to the following sources in kraft pulp mills that were installed after 1978: digester systems, brown stock washers, evaporator systems, recovery furnaces, smelt dissolving tanks, lime kilns, and condensate stripper systems. The pollutants regulated in this subpart include total reduced sulfur (TRS) compounds and particulate matter (PM).

This action is subject to a citizen suit under section 304(a)(2) of the Clean Air Act brought against the US EPA under the Administrative Procedure Act, 5. U.S.C. 701-06. This complaint seeks to compel the agency to fulfill its mandatory duty to review the NSPS for new and modified kraft pulp mills.


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Use of Biofuels To Meet Boiler MACT Rejected

EPA has rejected efforts to expand the renewable fuel standard (RFS) to permit heating oil biofuels used in boilers and power production to earn credit under the RFS. The decision was a setback for industries seeking the expansion as a way to ease compliance with EPA's pending boiler air toxics rule by using the lower-emitting oil.

EPA says fuel oils used to generate process heat, power, or other functions are not eligible for renewable identification number (RIN) credits that industry uses to adhere to the RFS, contending that these fuels are not within the scope of the definition of "home heating oil" that can qualify for the RFS as stipulated in the 2007 energy law. EPA's rule only expands the scope of existing fuels that qualify as heating oil under the RFS to qualify for credits under the standard. Thus far EPA has only permitted heating oil used in residential homes to gain RIN credits, but the rule expands that definition to include larger commercial buildings.

EPA is amending its boiler maximum achievable control technology (MACT) air toxics rule and an associated emissions standard for commercial and solid waste incinerators in response to industry comments that the original versions of the rules are too tough and would impose significant costs. Biofuel firms claim using their lower-emitting fuel to power boilers applicable to the MACT would help industries cut costs and make the rule achievable. Permitting biofuel heating oils used in boilers to qualify under the RFS would help spur a market for the fuels and boost the number of producers.


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Significant New Use Rules Issued For 107 Chemicals

On September 21, EPA published significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 107 chemical substances that were the subject of premanufacture notices. Eight of the chemicals are also subject to TSCA consent orders issued by EPA. The rule is effective on November 20, 2012.

Under the new SNURs, anyone who intends to manufacture, import, or process any of the listed 107 chemical substances for any activity that EPA designates as a significant new use must notify EPA at least 90 days before beginning the activity. EPA will, in turn, evaluate the intended activity, and, if necessary, prohibit or limit the activity before it occurs.


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Hazardous Waste Electronic Manifest Establishment Act

Congress passed the Hazardous Waste Electronic Manifest Establishment Act, on September 22, 2012, and forwarded it to the President for his signature on September 25, 2012. The E-manifest Act amends the Solid Waste Disposal Act by requiring EPA to establish a hazardous waste electronic manifest system within three years. The system must allow any person that is currently required to use a paper manifest to elect to complete and transmit an electronic manifest format.

Congress also authorized EPA to impose fees on users to pay for developing, maintaining, and upgrading the e-manifest system, including any costs that come from collecting and processing data from paper manifests submitted once the e-system is up and running. The fees are to be deposited into the Hazardous Waste Electronic Manifest System Fund, a revolving fund established by the Act. Congress authorized appropriations for the program for FY2013-FY2015 for start-up activities to carry out the Act.

Currently, hazardous waste generators must complete the paper Uniform Hazardous Waste Manifest any time they transport, or offer for transport, hazardous waste for off-site treatment, recycling, storage, or disposal. The manifest is designed to track the waste from the time it leaves the generator where it was produced, until it reaches the off-site waste management facility. The paper manifest consists of multiple copies of a single form, which when completed contains information on the type and quantity of waste, instructions for handling the waste, and signature lines for all parties involved in the generation, transportation, and ultimate disposition of the waste. The paper manifest, required by both EPA and the Department of Transportation, is a standard federal form. States may not develop their own versions of the form.


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Photovoltaic - Solar Modules Proposed As California Universal Waste

California Department of Toxic Substance Control has proposed regulations to add photovoltaic - solar modules as a category under the Universal Waste regulations. Solar modules are a form of photovoltaic technology where a semiconductor material, such as silicon, cadmium telluride or copper indium selenium, is encapsulated between two sheets of tempered glass. Solar modules are relatively simple, being comprised predominantly of a silicon or semiconductor substrate, which for thin–film modules is a thin layer of two or more metal– based semiconductors applied to the surface of glass. Solar modules are likely to exhibit the characteristic of toxicity due to heavy metals (such as cadmium, copper, lead, and selenium) and thus would be classified as hazardous waste, if disposed.

Currently, the volume of waste solar modules in California is very small with the exact number unknown. However, with the increase in deployment of solar modules throughout the state to meet its increasing energy needs, as well as meet the renewable energy goals established by the Governor, that volume of waste solar modules is anticipated to increase at a steady rate over the next 20 years.

The broad objectives of the DTSC regulations are to:

• Establish a conditional exemption in section 66261.6 (recyclable materials) for non–RCRA hazardous waste solar modules that are collected, transported and recycled by being reclaimed as part of a reclamation program administered by a solar module vendor (as defined in the proposed regulations).
• Designate hazardous waste solar modules, that are either RCRA hazardous waste or non–RCRA hazardous waste, as universal waste provided that the solar modules are recycled, not disposed, and are managed in accordance with the existing requirements of chapter 23 (Standards for Universal Waste Management).
• Maintain the existing hazardous waste requirement for recycling activities, including reclamation activities and other forms of hazardous waste treatment activities, which require a hazardous waste facility permit or other grant of authorization from DTSC.

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Emission Standards For Area Source Chemical Production Facilities

EPA has sent a pending final rule revising emissions standards for smaller "area" source chemical production facilities for White House review, after taking comment on a proposed version of the rule that industry argued would impose significant cost for little environmental benefits. The pending final rule, which EPA submitted to the White House Office of Management and Budget (OMB), will revise the agency's 2009 national emission standards for hazardous air pollutants for chemical manufacturing area sources.

Area sources are those below the "major" source threshold of emitting 10 tons per year (tpy) of a hazardous air pollutant (HAP), or 25 tpy of any combination of HAPs. OMB review, which typically takes 90 days, is the last major step before EPA can sign the rule and publish it in the Federal Register.

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