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

Greenhouse Gas Permiting in AZ, AR, ID, KS, OR, WY & TX

U.S. Environmental Protection Agency (EPA) has proposed the final series of actions that will ensure that the largest industrial facilities can get Clean Air Act permits that cover greenhouse gas (GHG) emissions beginning in January 2011. The first set of actions will give EPA authority to permit GHGs in seven states (Arizona, Arkansas, Florida, Idaho, Kansas, Oregon, and Wyoming) until the state or local agencies can revise their permitting regulations to cover these emissions. EPA is taking additional steps to disapprove part of Texas' Clean Air Act permitting program and the agency will also issue GHG permits to facilities in the state. These actions will ensure that large industrial facilities will be able to receive permits for greenhouse gas emissions regardless of where they are located.

In the second set of actions, EPA has issued final rules that will ensure that there are no federal laws in place that require any state to issue a permit for GHG emissions below levels outlined in the tailoring rule.

Beginning in January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHGs emissions. EPA will propose standards for power plants in July 2011 and for refineries in December 2011 and will issue final standards in May 2012 and November 2012, respectively.

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.

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info@calthacompany.com

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States Identified For Greenhouse Gas Permitting Program Updates

Working with the states, the U.S. Environmental Protection Agency (EPA) is moving forward with its plan to require certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These updates are required to ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s “Tailoring Rule”.

EPA has identified 13 states that need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include:
Arizona, Arkansas., California, Connecticut, Florida., Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

The Clean Air Act requires states to develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.

In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources are not covered by these GHG permitting requirements.

Related links:
GHG Tailoring Rule

Greenhouse Gas (GHG) permitting information

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

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Omnibus Amendments to Hazardous Waste Rules in Oregon

The Oregon Department of Environmental Quality (DEQ) is proposing a number of revisions to the State hazardous waste rules. The revisions relate to a number of different aspects of hazardous waste rules and are being proposed in a single “2009 Hazardous Waste Omnibus Rulemaking”.

The revisions being proposed include:

• Amendments to Land Disposal Restrictions (LDR) requiring macroencapsulation as treatment standard for certain contaminated mixed wastes, rather than retorting;
• Technical revisions to Standards for Hazardous Air Pollutants (HAPs) for Hazardous Waste Combustors;
• Revision to rules related to identification and listing of hazardous waste, including Recycled Used Oil Management Standards;
• Instituting National Emission Standards for Hazardous Air Pollutants (NESHAP) for Surface Coating of Automobiles and Light-Duty Trucks ;
• Conditionally lists new K181 waste stream for non-wastewaters from production of dyes, pigments, and food, drug and cosmetic colorants;
• Modifies the hazardous waste manifest system;
• Amends testing and monitoring activities allowing for analytical methods other than SW-846 to be used under RCRA and CAA
• Expands Universal Waste listing for mercury-containing equipment to include mercury-containing barometers, manometers, switches and other equipment;
• Revises Wastewater Treatment Exemptions for Hazardous Waste Mixtures (“Headworks exemptions”);
• Shifts regulation of HAPs from Hazardous Waste Combustors to CAA authorities.;
• Reduces certifications, monitoring, and reporting under RCRA, including reduction of tank inspection frequency; option for TSDs of following the integrated contingency plan guidance; and option for TSDs to follow either RCRA or OSHA standards for emergency response training; and
• Modifies the Hazardous Waste Program to exempt used, intact CRTs from the definition of solid waste, and conditionally excludes used, broken CRTs and glass removed from CRTs from the definition of solid waste.
  
  

Caltha LLP assists waste generators in developing cost effective waste management procedures that meet State and Federal waste management Rules.

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Product Stewardship Requirements - Draft Oregon DEQ Rule

In December 2008, Oregon Department of Environmental Quality (ODEQ) released a working draft of its Product Stewardship Framework. Under the working draft, no specific products were identified. In the future, products subject to requirements would be designated by the Legislature based on a set of criteria.

The draft does designate some Producer Requirements. Producer and/or importers of designated products would be required to must establish, finance, and operate statewide product stewardship programs for the designated products. The programs must:

• Provide collection, transportation, reuse, recycling, and disposal of designated products and their components;
• Provide adequate insurance and financial assurance;
• Provide an education and outreach component to consumers, retailers, and other interested parties.

Producers could operate the program individually, collectively with other producers, or enter into an agreement with a stewardship organization to operate the program on their behalf. Product stewardship programs must be provided free of charge anyone with an unwanted product. Under the working draft, producers must provide statewide collection that is convenient, available, and free and there must be at least one collection site in every county and in every city with a population of at least 10,000.

Each product will have performance goals. ODEQ will establish by rule how performance goals will be measured. For the first 4 operating years of the program, the producers would establish the goal amounts and report on progress toward achieving the goals; however, these initial goals are not enforceable. In operating year 5, ODEQ would set specific, enforceable regulatory standards for the performance goals.

Caltha LLP provides expert consulting support to companies needing to meet internal or regulatory product stewardship requirements.

For further information contact Caltha LLP at
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New Oregon (ODEQ) Greenhouse Gas Reporting Rules

On Oct. 23, 2008, the Oregon Environmental Quality Commission approved new Greenhouse Gas (GHG) reporting rules. The rules were proposed to gain a better understanding of the sources of GHG, and to track progress toward meeting GHG emission reduction goals. The new rules will govern the collection of data regarding GHG emission sources in Oregon.

ODEQ efforts to quantify GHG emissions are connected to regional efforts through the Western Climate Initiative (WCI) and a national database maintained by The Climate Registry (TCR). ODEQ is a member of the WCI and is participating in developing a mandatory reporting program for a market-based regional program to reduce GHG.

Permitted facilities that must report emissions for calendar year 2009 are:

• Facilities that have a Title V permit and emit 2,500 metric tons of combined greenhouse gases per year; and
• Facilities burning various listed fuels and emitting more than 2,500 metric tons per year.
  

Caltha LLP assists permitted facilities in complying with State and Federal air emission reporting requirements.

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