Rule On Reporting Mercury And Mercury Added Products

The Lautenberg Act TSCA amendments established reporting deadline(s) and information requirements periodic update and publication of the inventory of mercury supply, use, and trade in the United States. As required under TSCA, the reporting requirements would apply to any person who manufactures mercury or mercury-added products, or otherwise intentionally uses mercury in a manufacturing process.


Mislabeled Mercury Waste Drum
Identified During RCRA Audit


On October 26, 2017, EPA issued a proposed rule to implement TSCA section 8(b)(10)(D), which requires EPA to issue a final rule no later than 2 years after the enactment of the Lautenberg Act TSCA amendments that establishes reporting deadline(s) and information requirements. As required under TSCA, the reporting requirements would apply to any person who manufactures mercury or mercury-added products, or otherwise intentionally uses mercury in a manufacturing process.EPA published the first inventory in March 2017. Based on the information collected, TSCA further directs EPA to identify any manufacturing processes or products that intentionally add mercury and recommend actions to achieve further reductions in mercury use.

EPA proposed reporting requirements in the Federal Register of October 26, 2017  to assist in the preparation of an “inventory of mercury supply, use, and trade in the United States.” Subsequently the deadline for the comment period was extended  to January 11, 2018. The final rule is anticipated to be published by July 1, 2018.

 

Caltha LLP | Your EH&S Compliance, 

Auditing and EMS/SMS Partner

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.

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

Mercury and Air Toxics Standards Reconsidered

US EPA has published a proposed rule to reconsider certain new source and startup and shutdown issues as they apply to the national air pollution standards for utilities and industrial steam-generating units. The NESHAP rule was issued under the Clean Air Act and is most often referred to as the Mercury and Air Toxics Standards (MATS). The new source performance standards (NSPS) being reconsidered are often referred to as the Utility NSPS.

EPA received petitions for reconsideration of aspects of the MATS and the Utility NSPS. In response, the Agency is reconsidering the requirements applicable during periods of startup and shutdown for MATS, the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS, and certain revisions to "definitional and monitoring" provisions of the Utility NSPS. Finally, EPA is proposing technical corrections to the MATS and the Utility NSPS.

The Agency says it will accept comments on the aspects of the final MATS and Utility NSPS rules specifically identified in the Federal Register notice. Other aspects of the rules are not open for comment. Comments must be received on or before December 31, 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

Stay Proposed For Final MATS Rule

EPA has announced that the agency is reviewing new technical information associated with the new source limits for toxics emitted from new power plants under the Mercury and Air Toxics Standards (MATS). According to EPA, the new information indicates that there may be technical challenges associated with monitoring mercury emissions at the levels set for new power plants.

These new plants would continue to rely on the same proven pollution control technologies to reduce mercury, acid gases, and particle pollution. The agency believes this information warrants further review and will follow an expedited, open, and transparent process that includes public comment on any proposed changes. The agency will also use its Clean Air Act authority to stay the final standards for new power plants for 90 days during this technical review.

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

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.

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

Review Of Mercury and Air Toxics Standards MATS

EPA has announced that it is reviewing new technical information used to develop emission limits for new power plants under the Mercury and Air Toxics Standards (MATS), provided by industry stakeholders after the rule was finalized. According to EPA, the review will have no impact on the standards already in place for existing power plants and is intended to provide greater certainty for five planned future facilities in Georgia, Texas, Kansas, and Utah.

EPA will review monitoring issued related to the MATS and will address other technical issues on the acid gas and particle pollution standards for new power plants. The Agency's review is not expected to change the types of pollution controls new power plants will install to reduce air pollution.

The Agency often uses reconsiderations such as this review to ensure that its standards incorporate all relevant information when information comes to light after a rule has been promulgated. EPA says it will follow an expedited, open, and transparent process that includes public comment on any proposed changes. The agency will complete the rulemaking by March 2013 and will also use its Clean Air Act authority to stay the final standards for new power plants for three months during this review.

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 

 

Mercury and Air Toxics Standards For Power Plant Emissions

The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards for power plant emissions of mercury and air toxics arsenic, acid gas, nickel, selenium, and cyanide. Power plants are the largest remaining source of several toxic air pollutants, including mercury, arsenic, cyanide, and a range of other pollutants, and emit about half of the mercury and over 75% of the acid gas emissions in the United States. More than half of all coal-fired power plants already deploy pollution control technologies that meet these achievable standards. Once final, the remaining plants take similar steps to decrease emissions.

The Mercury and Air Toxics Standards are being issued in response to a court deadline. Congress passed the 1990 Clean Air Act Amendments and mandated that EPA require control of toxic air pollutants including mercury. The Mercury and Air Toxics Standards and the Cross-State Air Pollution Rule, which was issued earlier this year, both reduce power plant emissions.

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

Area Source NESHAP for Electric Arc Furnaces, MACT Amendments for Mercury

US EPA has announced its intent to amend the Maximum Achievable Control Technology (MACT) standard for mercury in the Electric Arc Furnace (EAF) area source rule to develop an emission limit for mercury. This limit will replace the mercury switch program as MACT.

The states and environmental groups asked the EPA to reconsider the MACT work practice standard for mercury from the 2007 promulgated rule because they believe the switch program has had a much lower success rate than expected, and is unenforceable since only self-certification is required to comply with the MACT. In addition, the basis for the work practice promulgated as MACT in 2007 was no longer valid. Mercury emissions were collected, measured, and controlled at EAF by over 30% of facilities that have measured mercury emissions. One facility was collecting and controlling mercury under a state (NJ) mercury limit.

EPA plans to issue a Notice of Proposed Rule Making (NPRM) in May 2012.

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

Schedule For New Air Toxics Standards For Boilers And Solid Waste Incinerators

As part of a filing with the US Court of Appeals for the DC Circuit, the U.S. Environmental Protection Agency (EPA) has set a schedule for issuing updated air toxics standards for boilers and certain solid waste incinerators. The agency will propose standards to be reconsidered by the end of October 2011 and issue final standards by the end of April 2012.

As background, following its April 2010 proposed rule, the agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. Based on this input, the agency made revisions. Because the final standards significantly differ from the proposal; however, EPA believed further public review was required and announced it would reconsider the standards.

After the final standards were issued, multiple industry groups petitioned the agency to delay the effective date of standards for major source boilers and commercial and industrial solid waste incinerators. In May 2011, EPA announced it would stay the effective date of those standards. EPA did not stay the effective date of the standards for boilers located at area sources of air toxic emissions.

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

Extension of Comment Period For Mercury And Air Toxics Standards

In response to requests from Congress and to allow additional public comment, EPA has extended the timeline for public input on the proposed mercury and air toxics standards applicable to coal-fired power plants. The 30-day extension will not alter the timeline for issuing the final standards in November 2011.

EPA proposed the national mercury and air toxics standards in March. The standards will be phased in over 3 years, and states have the ability to give facilities a fourth year to comply. Currently, EPA estimates that more than half of all coal-fired power plants already deploy widely available pollution control technologies that are called for to meet the proposed standards. Once final in November, these standards will require the remaining coal-fired plants, roughly 44%, take similar steps to decrease emissions.

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

New Power Plant Mercury and Air Toxics Standards

In response to a court deadline, the U.S. Environmental Protection Agency (EPA) proposed national standards for mercury, arsenic and other air toxics from power plants. The new Power Plant Mercury and Air Toxics Standards will require many power plants to install widely available, proven pollution control technologies to cut emissions of mercury, arsenic, chromium, nickel and acid gases.

Power plants are the largest remaining source of several toxic air pollutants and are responsible for half of mercury and over half of acid gas emissions in the US. Within the power sector, coal-fired power plants are responsible for 99 % of mercury emissions. According to EPA, currently more than half of all coal-fired power plants already use control technologies that allow them to meet these important standards.

The public comment period will extend 60 days from posting to the Federal Register. EPA also expects to hold public hearings on this proposed rule.

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

Heat Loss Infrared Imaging Camera Technology During Energy Audits

In 2010, U.S. Environmental Protection Agency (EPA) issued proposed rules that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters and solid waste incinerators.

Under the proposed rule, facilities with boilers would also be required to conduct energy audits to find cost effective ways to reduce fuel use and emissions. Smaller facilities, such as schools, with some of the smallest boilers, would not be included in these requirements, but they would be required to perform tune-ups every two years.

One cost effective tool used to quickly assess commercial, industrial and institutional boilers and other facility systems and equipment is the heat loss infrared imaging camera technology. Thermal infrared cameras are rapidly becoming the high-tech standard for identifying specific areas where energy is being wasted. The benefits of thermal infrared inspections extend beyond the building envelope and help spot inefficient equipment, water leaks, mold, electric hazards and many other hidden problems, for example:

• Identify gaps and cracks in a building’s envelope where heat is escaping (winter) or infiltrating (summer).



• Identify areas in the building envelope where insulation is missing or inadequate.
  Identify which electric devices (such as motors) are running hot and are in need of maintenance.



• Identify whether steam traps are operating inefficiently and are in need of maintenance.



• Identify areas where piping insulation (hot water, steam or refrigerant) has deteriorated.

Examples for heat loss photo imaging:

Caltha LLP provides specialized expertise to clients nationwide to conduct thermal camera / infrared camera assessments of buildings, systems, and equipment and conduct energy audits for commercial, industrial & institutional buildings.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

NESHAP Mercury Limits For Mining and Processing of Gold Ore

On December 16, 2010, the U.S. Environmental Protection Agency (EPA) promulgated National Emissions Standards for Hazardous Air Pollutants (NESHAP) for gold ore processing and production facilities, the seventh largest source of mercury air emission in the US.EPA estimates the final rule will reduce mercury emissions by 1,460 pounds per year, or about a 77 percent reduction from 2007 levels.

There are more than 20 gold ore processing facilities in the US; some facilities in Nevada, including some of the largest gold ore processing facilities, have already made progress toward the proposed reductions under the Nevada Mercury Air Emissions Control Program, which requires controls at precious metal mining facilities.

The final rule establishes mercury emissions limits for four types of processes found at gold production facilities: ore-pretreatment processes; carbon processes with mercury retorts; carbon processes without mercury retorts; and non-carbon concentrate processes. The final emissions limits are based on the existing emissions level of the best-performing U.S. facilities, which are well-controlled for mercury. At full implementation, these limits are estimated to reduce mercury emissions by 0.73 tons per year from current emissions levels.

The Clean Air Act requires EPA to identify and, develop regulations for, the sources of 90 percent of the air emissions of seven pollutants known as persistent, bioaccumulative pollutants. The seven pollutants are: mercury, alkylated lead compounds, polycyclic organic matter (POM), hexachlorobenzene, polychlorinatedbiphenyls (PCBs), 2,3,7,8- tetrachlorodibenzofurans (TCDF) and 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD). EPA identified gold processing and production as one of these sources in 2008.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, compliance with NESHAP and other air emission requirements requirements, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

Proposed Air Emission Standards For Sewage Sludge Incinerators

The U.S. Environmental Protection Agency (EPA) is proposing to cut emissions of mercury, particle pollution and other airbone pollutants from sewage sludge incinerators under proposed 40 CFR 60.4770 of subpart LLLL and proposed 40 CFR 60.5005 of subpart MMMM. Sewage sludge incinerators are typically located at wastewater treatment facilities. The proposed standards would apply to both multiple hearth and fluidized bed incinerators. Units incinerating sewage sludge at other types of facilities such as commercial, industrial and institutional incinerators will be covered under different air pollution standards. Overall, the proposal would cut mercury emissions from these units by more than 75 percent.

EPA will take comment on the proposed rule for 30 days after it is published in the Federal Register. EPAexpects the rule will be finalized in 2011 and become effective in 2015.

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

Proposed Rule to Reduce Mercury Emissions From Boilers, Incinerators

The U.S. Environmental Protection Agency (EPA) is issuing proposals that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters and solid waste incinerators.

Combined, EPA estimates that these proposals would cut annual mercury emissions from about 200,000 industrial boilers process heaters and solid waste incinerators by more than 50 percent. Estimated annual costs of installing and operating pollution controls required under these rules would be $3.6 billion.

These actions cover emissions from two types of combustion units. The first type of unit, boilers and process heaters, burns fuel such as natural gas, coal, and oil to produce heat or electricity. These units can also burn non-hazardous secondary materials such as processed tires and used oil. Boilers are located at large industrial facilities and smaller facilities, including commercial buildings, hotels, and universities. The second type of unit, commercial and industrial solid waste incinerators, burns solid waste.

Large boilers and all incinerators would be required to meet emissions limits for mercury and other pollutants. Facilities with boilers would also be required to conduct energy audits to find cost effective ways to reduce fuel use and emissions. Smaller facilities, such as schools, with some of the smallest boilers, would not be included in these requirements, but they would be required to perform tune-ups every two years.

EPA is also proposing to identify which non-hazardous secondary materials would be considered solid waste and which would be considered fuel. This distinction would determine whether a material can be burned in a boiler or whether it must be burned in a solid waste incinerator. The agency is also soliciting comment on several other broader approaches that would identify additional non-hazardous secondary materials as solid waste when burned in combustion units.

EPA will take comment on these proposed rules for 45 days after they are published in the Federal Register. EPA will hold a public hearing on these rules soon after they are published in the Federal Register.

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

MassDEP Limits Mercury in Industial Wastewater Discharges

Massachusetts Department of Environmental Protection (MassDEP) restrictions on mercury discharges to municipal sewer systems go into effect on May 1, 2009. These rules, promulgated under the Massachusetts Mercury Management Act, limit the maximum concentration of mercury in sanitary sewer discharges from industrial users to less than 1 ug/L (1 ppb). By July 2007, all dischargers were to have determined possible sources of mercury in their discharges and have taken reasonable steps to eliminate them.

[What is 1 ug/L (parts per billion) mercury equivalent to?]

Caltha LLP provides specialized expertise to clients nationwide in the evaluation water quality and wastewater requirements, NPDES permitting, and preparing cost-effective wastewater programs.

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

Illinois Clean Air Mercury Rule CAMR Revision

Illinois' Clean Air Mercury Rule (CAMR) provides for the control of mercury from coal-fired electric generating units. Despite the fact that the federal CAMR rule has been vacated, IEPA regards the majority of the rule as in effect. However, because a number of monitoring, recordkeeping, and reporting provisions simply incorporated the federal CAMR rule by reference, and so are no longer valid, the Illinois rule must be amended.

The proposed rule no longer requires a CEMS, but allows periodic emissions testing as an alternative. Additionally, under the proposed rule, units complying with the Multi-Pollutant Standard or the Combined-Pollutant Standard can elect to comply with these monitoring requirements or with semi-annual emissions testing requirements

Under current rules, emissions monitoring must have commenced by January 1, 2009. However, in the proposed rule, this deadline is extended until July 1, 2009. The proposed rule also amends reporting requirements.

Caltha LLP provides specialized expertise to clients nationwide in the air emission and NPDES permitting, environmental management systems develpment, and preparing cost-effective regulatory compliance programs.

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

TSCA Amendment – Mercury Export Ban Act of 2008

In October 2008, the Mercury Export Ban Act of 2008 was signed into law. The Act amendments the existing Toxic Substances Control Act (TSCA). The Act, sponsored by Senator Barack Obama, places controls on the use, export and storage of elemental mercury. Key elements of the Act are:

PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF ELEMENTAL MERCURY BY FEDERAL AGENCIES. Beginning in October 2008, no Federal agency can convey, sell, or distribute to any other Federal, State or local government agency, or any private individual or entity any elemental mercury.

PROHIBITION ON EXPORT OF ELEMENTAL MERCURY. Effective in 2013, the export of elemental mercury will be banned. This part also requires that a report be made to Congress by October 2009 that summarizes the current and projected production, uses and export of mercury from the US. This part also offers case-by-case exemptions for "essential uses" of mercury for which suitable alternatives are not available.

LONG-TERM STORAGE. The Mercury Export Ban Act also requires that the Federal government create by 2013 storage facilities for mercury wastes generated in the US.

Caltha LLP provides technical support to companies nationwide to maintain compliance with TSCA and other regualtory programs.

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