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

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

New Massachusetts Regulations On Hazardous Material Storage

The Chemical Safety and Hazard Investigation Board (CSB) has approved changes to Massachusetts regulations on hazardous materials storage and processing in the state, which includes monitoring of high risk facilities to ensure they are complying with key federal process safety and risk management programs.

The Massachusetts Department of Fire Services has satisfied a key recommendation made by the CSB in its 2008 final report on the 2006 explosion at an ink and paint products manufacturing facility in Danvers, MA. The CSB concluded that an unattended mixing tank overheated in an unventilated building causing the release of flammable vapors which subsequently ignited. The facility stored alcohols, heptanes, other solvents, pigments, resin and nitrocellulose; all of which were destroyed in the explosion. In addition, 24 houses and 6 businesses were destroyed.

An investigation found that the company had increased its quantities of flammable liquids over the years. The additional quantities went undetected by local authorities who had not inspected the facility for over 4 years prior to the time of the incident.

Massachusetts now requires companies storing and handling flammable materials to amend their license and re-register with state or local authorities when increasing their quantities of flammable materials; they must also verify compliance with local and state fire codes and hazardous chemical regulations. The Massachusetts regulations classify hazardous materials into five categories based on threshold quantities. Categories 1–4 must be in compliance with OSHA's Hazard Communication standard. Category 5, under which the ink and paint product manufacturing facility would have fallen, requires companies to certify compliance with the OSHA Process Safety Management standard and with the EPA Risk Management Program regulation.

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.
For further information contact Caltha LLP at
info@calthacompany.com or Caltha LLP Website