State Reapplication For Underground Tank Program Approval

In July 2015 EPA published the 2015 underground storage tank regulation and the 2015 state program approval regulation. This was the first major revision to the federal UST regulations since 1988. The revisions were intended to strengthen the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment. The revisions included provisions to prevent and detect UST releases, which are a leading source of groundwater contamination, and to ensure all USTs in the United States, including those in Indian country, meet the same minimum standards.

Abandoned Underground Tanks Marked During 

Ground Penetrating Radar (GPR) Survey

The 2015 UST regulation changed certain portions of the 1988 underground storage tank technical regulation, added new operation and maintenance requirements, and addressed UST systems deferred in the 1988 UST regulation. The changes:

• Added secondary containment requirements for new and replaced tanks and piping
• Added operator training requirements
• Added periodic operation and maintenance requirements for UST systems
• Added requirements to ensure UST system compatibility before storing certain biofuel blends
• Removed past deferrals for emergency generator tanks, field constructed tanks, and airport hydrant systems
• Updated codes of practice
• Made editorial and technical corrections

The 2015 state program approval (SPA) regulation also updated SPA requirements  and incorporated the changes to the UST technical regulation listed above.

Currently 38 states plus the District of Columbia and Puerto Rico have SPA and have three years to reapply in order to retain their SPA status. UST system owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes. Under the 2015 state program approval regulation, the 38 states plus the District of Columbia and Puerto Rico, which currently have SPA must reapply by October 13, 2018 in order to retain their SPA status. The remaining 16 non-SPA states and territories may apply for SPA at any time.

Owners and operators in 16 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements.




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and EMS/SMS Partner

General Permits For Wastewater Proposed By IDNR

The Iowa Department of Natural Resources (DNR) has proposed two general discharge permits to cover two types of common and generally low risk discharges.

DNR plans to issue two new National Pollutant Discharge Elimination System (NPDES) general permits known as General Permit #8 (GP8) and General Permit #9 (GP9). GP8 allows for discharges of hydrostatic test water (water used to test the integrity of a pipe or tank), underground storage tank ballast water (water used to weight a tank to facilitate underground installation), and water associated with installation, repair, and replacement of potable water lines. GP9 allows for discharges from dewatering associated with construction and small residential geothermal heating and cooling systems.

IDNR is proposing to include eligibility criteria and Best Management Practices. These will ensure that discharges will comply with water quality standards. Most permittees will be automatically authorized to discharge. Only a few higher-risk dischargers will need to submit a Notice of Intent. There is no fee for either permit.

DNR is seeking public comment on proposed rules that will create two new general permits. DNR will hold three public hearings across the state in March:

• Wednesday, Mar. 7, 4 p.m. at the Coralville, IA Public Library
• Thursday, Mar. 8, 4 p.m. at the Harlan, IA Public Library
• Wednesday, Mar. 14, 4 p.m. at the Urbandale, IA Public Library

Caltha LLP | Your Air Permit, Wastewater Permit, 

Storm Water Permit Partner

Who Needs A WDNR Solid Waste or Hazardous Waste Licence?

In Wisconsin, the Wisconsin Department of Natural Resources requires certain businesses that handle solid wastes, hazardous wastes, recyclable materials and other special wastes to have a licence issued by WDNR. This licence is in addition to any requirements to obtain an EPA facility ID, notify WDNR of hazardous waste activities, or to obtain a RCRA permit, if needed. Licences are required for 1) transporters and waste haulers, and 2) certain facilities.

Unlicensed Solid Waste Dump Identified 

During A Site Inspection

Waste Transporters/Haulers Licence

Businesses would need a waste transportation license if they:

• transport more than 20 tons of solid waste during a year;
• transport hazardous waste from businesses or institutions (non-households); or
• transporting more than 50 pounds of infectious waste within any one calendar month.

Special requirements have been published for haulers of solid waste or recyclables, waste tire haulers, used oil transporters/handlers. Not all businesses need a state license to transport solid waste, recyclables, hazardous waste or infectious waste; solid waste/recyclable transportation license  and infectious waste transportation license exemptions are listed in DNR rules.

Facility Licence

A DNR license is required for a solid waste landfill. In most cases, a DNR license is required for a compost facility, processing facility, storage facility, woodburning facility, incinerator or transfer station. Facilities that treat, store or dispose of hazardous waste must be licensed by the DNR, unless the activity is specifically exempt from the licensing requirement.

Caltha LLP assists waste generators and handlers in Wisconsin in applying for hazardous waste generator licence, developing hazardous waste management programs, providing employee hazardous waste training and waste reduction / waste minimization consulting.

Rules On Disposal Of Aerosols, Antifreeze, Paint Wastes In Ohio

The Ohio EPA adopted Ohio-specific universal waste rules allowing hazardous non-empty aerosol containers, hazardous antifreeze, hazardous paint and hazardous paint-related wastes to be classified and managed as a universal waste in Ohio. The rules will be effective on December 21, 2017. These rules will eventually be moved to Ohio Administrative Code chapter 3745-273.

This action designating waste that would otherwise be classified as hazardous waste as a universal waste promotes proper handling, recycling or disposal of the waste by streamlining the applicable regulations. The new Ohio-specific universal wastes will be subject to specific requirements detailed in the rule to address the risks the wastes may pose. The requirements include:

• labeling,
• tank and container standards,
• limited treatment provisions,
• accumulation time limits,
• employee training requirements,
• emergency response requirements and
• transportation according to U.S. Department of Transportation rules.

Universal wastes do not count towards a generator’s monthly hazardous waste accumulation rate and they are not required to manifested as a hazardous waste in Ohio EPA or reported on the generator’s hazardous waste biennial report.

Click here to review other regulatory updates for Ohio

WI Rules Protecting CHMM, CSP, CIH Credentials

Wisconsin Senate Bill 132 was signed prohibiting the unauthorized use of certain professional credentials, including Certified Hazardous Material Manager, or CHMM. Unless a person is certified by the Institute of Hazardous Materials Management (IHMM), the law prohibits that person from using the title of Certified Dangerous Goods Professional (CDGP), Certified Hazardous Materials Manager (CHMM), or Certified Hazardous Materials Practitioner (CHMP). The new Wisconsin law also provides protections for those certified by the American Board of Health Physics, the American Board of Industrial Hygiene, the Board of Certified Safety Professionals, and the National Registry of Radiation Protection Technologists.

The new law also prohibits a business from representing that services provided are furnished by one of these certified professionals unless those services are provided by a certified person. A person is also prohibited from misleading or deceiving another person by the unauthorized use of a certification mark awarded by the U.S. Patent and Trademark Office.

The Wisconsin law considers a violation of these prohibitions an unfair method of competition in business or an unfair trade practice, and allows a person who suffers a monetary loss because of a violation to sue for twice the amount of the monetary loss and reasonable attorney fees. The law allows the Department of Agriculture, Trade and Consumer Protection to bring a court action for an injunction to restrain a violation of these prohibitions.

Caltha LLP provides services performed by Certified Hazardous Material Manager certified by the Institute of Hazardous Materials Management.


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

DEQ Plans Hazardous Waste Generator Rule Update

The North Carolina Department of Environmental Quality (DEQ) has proposed a schedule to adopt the federal hazardous waste generator improvement rule into State hazardous waste regulations. This state rule also freezes the existing hazardous waste generator rules from May 29,2017 in place until North Carolina adopts the Hazardous Waste Generator Improvements Rule on March 1, 2018.

The EPA Hazardous Waste Generator Improvement Rule was finalized in 2016 and became effective in a few States in May 2017. However, the majority of States need to adopt the rule into their own State regulations in order for generators in their State to take advantage of the rule.

The EPA revision to RCRA rules is especially significant to Small Quantity generators (SQG) and Conditionally Exempt Small Quantity Generators (CESQG). Click here for more information on the key changes under the Hazardous Waste Generator Improvement Rule.

Click here for examples of Caltha projects related to hazardous waste management, and for project examples for clients located North Carolina.

Amendment Proposed To California Hazardous Waste Generator and TSDF Training

The California Department of Toxic Substances Control (DTSC) has proposed revisions to the state’s unique Title 22 hazardous waste facility requirements. In addition to permitted treatment, storage & disposal facilities (TSDF) portions also apply to large quantity generators (LQG) of hazardous waste in the State.

The proposed hazardous waste revisions include a new reporting requirement; by March 1 each year, hazardous waste generators will be required to submit a report to DTSC that certifies that every employee has been trained on all requirements applicable to his or her job. The proposed revisions will also require employers to keep employee-signed or -certified hazardous waste training records on site and makes numerous changes to the training content required.

Click here to review examples of Caltha's EHS Training projects, including California hazardous waste training.

Registration Permit Review For New Facility In Minnesota

Caltha LLP Project Summary

Project: Option D Permit Review For New Process
Client: Food Manufacturing Processing Facility
Location(s): Minnesota

Key Elements: Air permitting, Air permit compliance, Air emission estimates, Control equipment efficiency

Overview: Caltha LLP was retained by this food manufacturing processing facility to conduct an evaluation to determine if a new project planned at the facility would require a modification to the existing air emission permit issued by MPCA or if prior notifications would be required for the project. Caltha staff reviewed project plans to determine added air emissions resulting from the new project. These estimates were added to emission estimates for all other permitted sources at the facility to determine if any permit actions were required. Based on the technical evaluation, it was determined that the project could be constructed with no permit modifications or notifications.

For more information on Caltha LLP services, go to the Caltha Contact Page

Solvent Wipe Exemption Roll Out By States | States That Have Not Exempted SCW By Rule

In July 2013, US EPA published a final rule which exempted launderable (reusable) and some disposable wipes containing solvent ("Solvent-Contaminated Wipes" or SCW) from regulation as solid wastes and as hazardous waste. Solvent wipes are very common waste streams generated by a broad range of industrial, commercial, service and institutional sector facilities. This rule streamlined management of this waste stream and allowed these materials to be stored, transported* and cleaned/disposed of outside of the hazardous waste rules that would otherwise apply. This provides a benefit to both facilities that generate these wipes and companies that handle them.

 

* Although the rule exempts transporters from hazardous waste rules, Federal and State DOT HazMat rules still apply.

 

Click here for more information on the Federal Solvent Contaminated Wipe Rule.

 

Although the Federal rule became effective on January 31, 2014, in majority of States the Federal exemption does not apply until State Rules were revised to include this exemption. In many cases, States had operated for many years under policies or guidance which functionally excluded these wipes from regulation as hazardous waste until a Federal Rule was finalized. With the publication of the Federal Rule in 2013, States needed to update State rules to reflect this exemption, if they wanted to allow generators to take advantage of it. Because this rule change was less stringent than existing hazardous waste rules, States were not required to accept the Federal exemption and could require generators to handle these wipes as hazardous waste.

 

State Rule Update - March 2017

 

As of March 2017, 61% of State agencies have updated State rules to exempt solvent wipes, with most using Federal language or Federal language with very minor edits. One State (Rhode Island) implemented a rule that exempted reusable wipes only.

 

 

 

States Where Policy or Guidance Applies

As of March 2017, almost 1/3 of States have not revised State rules to reflect the SCW exemption and are still operating under policies or guidance documents written 10 to 15 years ago.

 

• Colorado
• Connecticut
• Delaware
• Kentucky
• Maryland
• Massachusetts
• New Mexico
• New York
• Oregon
• South Dakota
• Vermont
• Washington
• Wisconsin

 

In most cases, this policy or guidance is similar to the Federal Rule, but typically less specific and less stringent. Currently, many of these States are still planning to update State rules in the near future and are allowing generators to follow the Federal rule.

 

States Without Policy or Guidance

As of March 2017, three States have not revised State rules and had not established a policy in the past to exempt these wipes from hazardous waste rules:

 

• Nevada
• Maine
• Hawaii

 Maine and Hawaii both anticipate having a rule revision in 2017.

States With State-Specific Rules

Two States, California and Minnesota, have rules (California) or policies (Minnesota) that are significantly different than the Federal Rule and do not plan to revise them. In California, the Reusable Soiled Textile Rule excludes all hazardous waste (not just solvent) on a wider range of textiles (not just wipes). In Minnesota, guidance exempts some wipes ("sorbents") but wipes containing certain listed solvents ("toxic solvents") remain hazardous waste and also must be included in their monthly calculation of the generator size.

 

 

 

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

 

Wisconsin Air Emission Reports Due To WDNR By March 1, 2017

Air emission inventory submittals are due to the Wisconsin Department of Natural Resources by March 1, 2017. Submittals are made using the WDNR Air Reporting System (ARS). The Air Reporting System allows facilities to report annual air emissions on the Internet using web-based software.


For permitted facilities that cannot submit their emission estimates by March 1, an extension must be requested through the WDNR. Those facilities granted an extension have until March 17, 2017 to submit their emission inventory.




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

New Washington Interim Policy On Handling Pharmaceutical Wastes Classified As Dangerous Waste

Washington Department of Ecology has developed an interim policy for generators of pharmaceutical wastes which could be classified as “dangerous waste” under State rules. The State has enacted this policy pending US EPA finalizing federal rules to streamline handling and disposal of these wastes. Once the EPA rule is finalized, Ecology expects to adopt the federal rule.

What are the generator requirements under the interim Ecology policy?

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

MPCA Delays Enforcement Action On Handling of Hazardous Aerosols & Cylinders

The Minnesota Pollution Control Agency has extended its compliance deadline for one important change to its policies regarding management of spent aerosol cans and gas cylinders that contain hazardous chemicals. Historically, the MPCA had elected not to take enforcement action against hazardous waste generators who empty aerosol cans and cylinders by releasing pressure into the atmosphere, including those who puncture cans with equipment fitted with carbon or other filtration systems to capture vapors. The agency considers this "abandonment" of hazardous waste, which is prohibited.


The MPCA had planned to change its enforcement policy as of January 1, 2017. which would require generators using such equipment to find an alternate means of handling aerosol cans and cylinders. The agency recently announced that it has extended this change to enforcement policy until January 1, 2018, to allow facilities more time to modify their practices, if needed.


Minnesota is one of only a few States that allows aerosol cans and gas cylinders to be handled as though they were universal wastes, although they are technically not regulated as universal wastes under State and Federal rules. MPCA has established some minimum requirements generators must comply with to take advantage of this policy.


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

MPCA Rules On Puncturing and Venting Spent Aerosol Cans Changes January 1, 2017

In Minnesota, generators can puncture waste aerosols or gas cylinders that have been shown to be empty or that have been evaluated as non-hazardous, as long as any unavoidable liquid residuals are collected and properly managed.


However, hazardous waste aerosols and gas cylinders may no longer be punctured or vented in Minnesota after January 1, 2017, unless all hazardous waste propellant gases, product gases, and liquids are captured and properly disposed. MPCA does not allow charcoal and activated carbon filters to be used to capture hazardous waste propellants or gases for disposal.


The deliberate release of hazardous waste propellant or compressed gas to the atmosphere has been prohibited by the Minnesota Hazardous Waste Rules for many years, but MPCA chose not to enforce this prohibition. This allowed generators and collection sites to puncture hazardous waste aerosols and dispose of ignitable hazardous waste to the atmosphere. This practice is not allowed after 1/1/2017.


UPDATE: The deadline for this policy change has been revised.




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 

NY DEC Emergency Rule Making Restricting Use Of Perfluorooctane Related Chemcials

The New York State Department of Environmental Conservation (DEC) filed a Notice of Emergency Adoption and Proposed Rule Making to classify perfluorooctanoic acid (PFOA-acid), ammonium perfluorooctanoate (PFOA-salt), perfluorooctane sulfonic acid (PFOS-acid), and perfluorooctane sulfonate (PFOS-salt) as hazardous substances at the request of the New York State Department of Health (NYSDOH).


This rule making also provides time for facilities storing fire-fighting foam containing one or more of these newly listed hazardous substances to properly dispose of it and provides time for firefighting operations to find replacement foams. This proposal also corrects the tables of hazardous substances by providing units for reportable quantities.



The temporary emergency rule was effective on April 25, 2016, while the state finalizes the proposed amendments to 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. DEC has concluded that these substances meet the definition of a hazardous substance based upon the conclusion of NYSDOH that the combined weight of evidence from human and experimental animal studies indicates that prolonged exposure to significantly elevated levels of these compounds can affect health and, consequently, pose a threat to public health in New York State when improperly treated, stored, transported, disposed of or otherwise managed. NYSDOH scientists have concluded that it is essential to list these chemicals as hazardous substances.



Once substances are determined to be hazardous substances, DEC regulates their handling and storage and has authority to remediate sites contaminated with them. The Chemical Bulk Storage regulations (6 NYCRR 596-599) provide standards for the proper handling and storage of bulk quantities of hazardous substances to prevent spills and releases to the environment, prohibit the release of hazardous substances to the environment, and require the reporting of certain releases of hazardous substances to DEC. Certain facilities that store hazardous substances must apply to DEC for a registration certificate to operate.



A new provision, paragraph 597.4(a)(3), will allow entities with fire-fighting foam the time necessary to determine if stored foam contains one or more of these hazardous substances. If the stored foam contains one of these substances, the facility would not be allowed to use the foam for fire-fighting after April 25, 2017. It may be used for fire-fighting until then but not for any other purpose such as training. Foam that is prohibited for use after April 25, 2017 should be safely disposed in accordance with federal, state, and local requirements. Replacement foam may not contain a hazardous substance at a concentration that would result in the release of more than the reportable quantity (one pound) when used as a fire-fighting foam.


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 

Tier 2 Reporting Under EPCRA 311 and 312 and Local Hazardous Material Reporting Regulations

With the end of the year approaching, many facilities will soon be reviewing the hazardous chemicals they store on-site to determine if they exceed the thresholds for Tier 2 reporting under EPCRA 312 (40 CFR 370) and equivalent State regulations. Local emergency response agencies can have additional hazardous chemical reporting requirements, in addition to Tier 2 reports.

The EPA rules that determine reporting requirements set out two options for determining thresholds.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.

Click here to review example Caltha projects for EPCRA and other compliance reporting support.

Regulatory Compliance Audit and Due Diligence For Minnesota and North Dakota Food Manufacturing Plants

Caltha LLP Project Summary

Project: Compliance Audit and Environmental Due Diligence For Minnesota and North Dakota Food Manufacturing Plants
Client: International Food Manufacturing Industry
Location(s): Minnesota and North Dakota

Key Elements: Environmental Compliance Audit, Phase 1 Environmental Site Assessment

Overview: Caltha was retained by this multinational food manufacturer to conduct an environmental regulatory compliance audit and a Phase I ESA at two of its plants located near Minneapolis, Minnesota and near Bismarck, North Dakota. Compliance audits were conducted to assess compliance with EPA, Minnesota Pollution Control Agency (MPCA), and Hennepin County requirements in Minnesota, and EPA and North Dakota Department of Health (NDDH) requirements in North Dakota. Regulatory requirements evaluated included:

• Clean Air Act,
• Clean Water Act,
• RCRA hazardous waste and solid waste requirements,
• Emergency Preparedness and Community Right-to-know Act (EPCRA) requirements,
• Toxic Substance Control Act,
• Above and underground tank requirements,
• OSHA Hazard Communication.

Caltha also completed a Phase I Environmental Site Assessment (ESA) for both sites, in accordance with ASTM E1527-05.



For more information on Caltha LLP services, go to the Caltha Audit Page

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 

 

EPA Approval of Changes To Georgia RCRA Rules

The Environmental Protection Agency (EPA) has proposed final authorization of State Hazardous Waste Management Program Revisions submitted by the Geogia Environmental Protection Division. Georgia applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA determined that these changes satisfy all requirements needed to qualify for final authorization. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Georgia's changes to its hazardous waste program will take effect on July 1, 2013.

EPA has determined there are no State requirements in this program revision considered to be more stringent or broader in scope than the Federal requirements. While Georgia has adopted the necessary regulations to receive authorization for the Uniform Hazardous Waste Manifest Rule, EPA cannot delegate the Federal manifest registry functions or the export or import provisions. and will continue to implement these requirements. Similarly, EPA cannot delegate the Federal requirements at 40 CFR 261.39(a)(5), 261.40 and 261.41 contained in the Cathode Ray Tubes Rule. While Georgia has properly adopted these requirements by reference at Georgia Hazardous Waste Management Rule 391-3-11-.07(1), EPA will continue to implement these requirements.

Georgia will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which EPA issued prior to the effective date of the authorization until they expire or are terminated. EPA will not issue any more permits or new portions of permits for the provisions listed in the authorization after the effective date. EPA will continue to implement and issue permits for HSWA requirements for which Georgia is not authorized.

Caltha LLP provides specialized expertise to clients in Georgia and 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 
 

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.


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

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.
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

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.

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