Proposed SNUR For Carbon Nanomaterials

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 37 chemical substances which were the subject of premanufacture notices (PMNs). Seventeen of these chemical substances are also subject to TSCA section 5(e) consent orders issued by EPA. This action would require persons who intend to manufacture, import, or process any of these 37 chemical substances for an activity that is designated as a significant new use by the proposed rule to notify EPA at least 90 days before commencing that activity. Comments must be received on or before April 26, 2013.

The proposed rule includes 14 PMN substances whose reported chemical names include the term "carbon nanotube" or "carbon nanofibers." Because of a lack of established nomenclature for carbon nanotubes, the TSCA Inventory names for carbon nanotubes are currently in generic form, e.g., carbon nanotube (CNT), multi-walled carbon nanotube (MWCNT), double-walled carbon nanotube (DWCNT), or single-walled carbon nanotube (SWCNT). EPA uses the specific structural characteristics provided by the PMN submitter to more specifically characterize the TSCA Inventory listing for an individual CNT. EPA is using the specific structural characteristics for all CNTs submitted as new chemical substances under TSCA to help develop standard nomenclature for placing these chemical substances on the TSCA Inventory.

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EPA Proposes Review of SIPs For SSM Requirements

The EPA is proposing to take action on a petition for rulemaking filed by the Sierra Club in 2011 concerning the treatment of excess emissions in state rules by sources during periods of startup, shutdown, or malfunction (SSM). EPA is proposing to grant in part and to deny in part the request to rescind its policy interpreting the Clean Air Act (CAA) to allow states to have appropriately drawn state implementation plan (SIP) provisions that provide affirmative defenses to monetary penalties for violations during periods of SSM. The EPA is also proposing either to grant or to deny the Petition regarding existing SIP provisions related to SSM in each of 39 states identified in the petition.

For each of those states where EPA proposes to grant the petition concerning specific provisions, EPA also is proposing to find that the existing SIP provision is substantially inadequate to meet CAA requirements and proposes a "SIP call." For those affected states EPA will require the states to submit a corrective SIP revision. Comments on the proposed actions must be received on or before March 25, 2013.

Through this rulemaking, EPA intends to clarify its interpretation of the CAA regarding excess emissions during SSM events. EPA may find specific SIP provisions to be substantially inadequate to meet CAA requirements; if a state's existing SIP provision allows an automatic exemption for excess emissions during periods of startup, shutdown, or malfunction, then the EPA may determine that the SIP provision is substantially inadequate because the provision is inconsistent with requirements of the CAA.
The affected States include:

Alabama
Alaska
Arizona
Arkansas
Colorado
Delaware
District of Columbia
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
New Hampshire
New Jersey
New Mexico
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Virginia
Washington
West Virginia
Wyoming

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National Enforcement Initiatives for FY2014-2016

EPA has published a Federal Register notice asking for public comments and recommendations on its National Enforcement Initiatives for FY2014-2016. The agency selects priority areas every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor and where federal enforcement attention can make a difference. In addition to these sector-based approaches, EPA will focus a national initiative on a strategic area that would improve its ability to conduct its enforcement and compliance program. Comments must be received by February 27, 2013.

Click here to review the six national enforcement initiatives for  FY 2011-2013


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Revised Air Emission Standards For Portland Cement Manufacturing Industry

EPA has finalized proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Portland Cement Manufacturing Industry and the Standards of Performance for Portland Cement Plants. These amendments were proposed on July 18, 2012.
This final rule amends the national emission standards for hazardous air pollutants for the Portland cement industry. In addition, the EPA  amended the new source performance standard (NSPS) for particulate matter.

The final rule is effective on February 12, 2013. The EPA set the compliance date for existing open clinker storage piles to be February 12, 2014 and set the date for compliance with the existing source NESHAP to be September 9, 2015

EPA amended the existing and new source PM standards in the NESHAP and changed the numeric emissions value of those standards. The agency changed the alternative organic HAP (oHAP) standard , but did not change the existing or new source standards for mercury, THC or HCl.

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HFPE Excluded For Definition Of VOC Under Clean Air Act

The Environmental Protection Agency (EPA) has published a final rule revises the definition of volatile organic compounds (VOCs) under the Clean Air Act (CAA). This revision adds four chemical compounds to the list of compounds excluded from the definition of VOC on the basis that each of these compounds makes a negligible contribution to tropospheric ozone formation. These compounds are four hydrofluoropolyethers (HFPEs) commonly known as HFE-134, HFE-236cal2, HFE-338pcc13, and H-Galden 1040X/ H-Galden ZT 130.

If an entity uses or produces any of these four HFPE compounds and is subject to the EPA regulations limiting the use of VOC in a product, limiting the VOC emissions from a facility, or otherwise controlling the use of VOC, then the compound will not be counted as a VOC in determining whether these regulatory obligations have been met. This final rule may also affect whether any of these compounds is considered a VOC for state regulatory purposes, depending on whether the state relies on the EPA's definition of VOC. The final rule is effective on March 14, 2013.

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FInal Rule On Commercial And Industrial Solid Waste Incineration

EPA has published its final decision on the reconsideration of certain aspects of the March 21, 2011, final rule "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units" (CISWI rule). The amendments to 40 CFR part 60, subpart DDDD, are effective February 7, 2013, and to 40 CFR part 60, subpart CCCC, are effective August 7, 2013. The amendments in therule to 40 CFR part 241 are effective April 8, 2013.

EPA has denied all requests for reconsideration with respect to the final commercial and industrial solid waste incineration rule for which the agency did not previously grant reconsideration. The final action establishes effective dates for the standards and makes technical corrections to the final rule to clarify definitions, references, applicability and compliance issues.

In addition, EPA issued final amendments to the Non-Hazardous Secondary Materials rule (NHSM rule). Originally promulgated on March 21, 2011, the non-hazardous secondary materials rule provides the standards and procedures for identifying whether non-hazardous secondary materials are solid waste under the Resource Conservation and Recovery Act when used as fuels or ingredients in combustion units. The purpose of these amendments is to clarify several provisions in order to implement the non-hazardous secondary materials rule as the agency originally intended.



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