NY Proposed Rules for Used Electronic Equipment - CRT

The New York State Department of Environmental Conservation (NYSDEC) is currently drafting a proposed rules for the management of used electronic equipment. Posting of the preliminary draft regulation is anticipated for Spring 2009, followed by further opportunity for public comment.

The resulting proposed rulemaking will amend NYSDEC regulations to streamline the management of used electronic equipment, whether regulated as hazardous waste or solid waste. The main issues to be addressed in the proposed rulemaking are:

• Adopting provisions of the Federal Cathode Ray Tube (CRT) Rule


• Adopting management standards for Collectors, Dismantlers, and Recyclers of Used Electronic Equipment


• Adopting provisions of the New York State Wireless Telephone Recycling Act


• Amending the requirements of New York's current Generator "c7" Notification

Currently in NYS, intact CRTs destined for recycling are eligible for the hazardous scrap metal exemption. However, when the CRT glass is no longer adherent to the metal, CRT glass could be regulated hazardous waste. The Federal CRT Rule contains the provisions to conditionally exclude this CRT glass from hazardous waste rules.

The current c7 notification requirements require generators (other than CESQGs) sending used electronics for recycling under the hazardous scrap metal exemption to file notifications. In the rulemaking, the NYSDEC is proposing to change the requirement to “[generators] must maintain on site, for a period of three years from the date of each shipment, the names and locations of the dismantling or recycling facilities and any intermediate receiving facilities."

Caltha LLP provides specialized expertise to clients nationwide in the evaluation solid waste and hazardous waste rules, developing waste handling procedures, and preparing cost-effective waste management programs.

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

EPA Excludes Water Transfer From NPDES Requirements

EPA is publishing a final rule to exclude water transfers from regulation under the NPDES permitting program. The final rule defines a water transfer as an activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use. This does not apply to pollutants introduced by the water transfer activity itself to the water being transferred.

Water transfers are activities that divert water between waterbodies, typically through the use of pumps or passive redirection through tunnels, channels, and/or natural stream water features. Water transfers are necessary to allocate water resources to meet the water needs of those downstream in the receiving waterbody. Such needs include public water supply, irrigation, power generation, flood control, and environmental restoration.

The Bureau of Reclamation administers significant transfers in western States to provide approximately 140,000 farmers with irrigation water. With the use of water transfers, the Army Corps of Engineers keeps thousands of acres of agricultural and urban land in southern Florida from flooding in former areas of Everglades wetlands. Many large cities in the west and the east would not have adequate sources of water without continuous redirection of water from outside basins. Both the cities of New York and Los Angeles are dependent on water transfers from distant watersheds to meet their municipal demand.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation NPDES permitting rules, water quality standards, and preparing cost-effective compliance 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

Revised NESHAP for Petroluem Refineries

EPA recently released its final amendments to the National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries (40 CFR 63, Subpart CC). EPA is required to review the developments in practices, processed, and control technologies every eight years and update national emissions standards to address the "residual risk" after implementation of the original standards.

The updated NESHAP includes new requirements for storage vessels. All Group 1 external floating roof (EFR) storage tanks will be required to install controls for guide poles and other openings, and additional inspection, recordkeeping, and reporting requirements.

Heat exchange systems will be required to conduct monthly sampling and analyses for VOC in the cooling water. The amendments to Refinery MACT will require the repair of leaks in heat exchangers within 45 days of the sampling event in which the leak is detected, unless a delay in repair is allowed.

All Group 1 storage vessels and heat exchange systems at existing refineries must be in compliance within 36 months after the Final Amendments are published in the Federal Register.

EPA opted not to promulgate changes to Refinery MACT that would include performance standards and monitoring requirements for enhanced biological units to treat wastewater streams.

Caltha LLP provides specialized expertise to clients nationwide in the multimedia environmental permitting, regulatory compliance and auditing, and developing cost-effective compliance management programs.

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

North Carolina CAFO General NPDES Permit Renewal

The North Carolina Department of Environment, Health, and Natural Resources – Division of Water Quality has revised its general NPDES discharge permits for confined animal feeding operations (CAFO). The current general permits for waste systems at swine, cattle and dairy and wet poultry operations will expire on Sept. 30, 2009. Operators of swine, cattle and poultry farms who come under the state general permits for wastewater systems need to apply for renewal under the new permit before April 1, 2009.

Animal feeding operations that have more than 250 swine, 100 confined cattle or dairy animals, 75 horses or a wet litter operation for more than 30,000 chickens are required to apply for a permit from the state.

General permits set requirements for waste management activities common to facilities of a particular type, and are issued as a class every five years. General permits for animal operations are issued along with certificates of coverage that address specific requirements for each facility.

The new general permits differ from the current permits in some operational, monitoring and reporting requirements. The most substantive change to the current permit is that application of waste must stop within 4 hours of a National Weather Service (NWS) issuing a warning of a hurricane, tropical storm or flood watch for the county in which the CAFO is located.

Looking for other water quality-related topics?, go to:
Water Quality Standards Aquatic Toxicology NPDES Permit Limits

Caltha LLP provides specialized expertise to clients nationwide in the NPDES permitting, State and Federal water quality regualtions, and preparing cost-effective compliance management programs.

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

Proposed Reciprocating Internal Combustion Engine RICE Rules

Update:  January 2013 - EPA Released Final RICE NESHAP

On March 5, 2009, EPA published new proposed 40 CFR Part 63 rules for reciprocating internal combustion engines (RICE). The rules would affect:

• Engines at facilities classified as "Area Sources" with hazardous air pollutant (HAP) emissions less than 10/25 TPY.
• Engines with horsepower rating less than 500 at major source facilities and constructed/reconstructed before June 12. 2006.
• Engines with horsepower rating greater than 500 at major source facilities and constructed/reconstructed before December 12, 2002.

EPA expects that the new emissions limits would be met by installing "after-treatment" controls such as:

• Existing rich-burn engines would install non-selective catalytic reduction (NSCR).
• Existing diesel engines would install oxidation catalysts and/or catalyzed diesel particulate filters (CDFP).
• Non-emergency engines with greater than 300 horsepower would burn ultra-low sulfur fuel.

Caltha LLP provides specialized expertise to clients nationwide in the air emission permitting, regulatory compliance support, and preparing cost-effective regulatory compliance programs.
For further information contact Caltha LLP atinfo@calthacompany.com
orCaltha LLP Website

Changes to 2009 Toxic Release Inventory Report Requirements

Toxics Release Inventory (TRI) reporting requirements were changed on March 11, 2009 as part of the Omnibus Appropriations Act of 2009. These changes affect TRI reports due July 1, 2009. The 2009 Omnibus Appropriations Act returned TRI reporting requirements back to the rules in effect prior to December 22, 2006.

The change requires that all reports on persistent, bioaccumulative, and toxic (PBT) chemicals be submitted on "Form R,", which is the more detailed form. For all other chemicals the shorter form, “Form A” may be used only if the annual reporting amount is 500 pounds or less and that the chemical was manufactured, processed or otherwise used in an amount not exceeding 1 million pounds during the reporting year. EPA will issue a rule shortly revising the regulatory text in the Code of Federal Regulations to reflect these changes. TRI-ME software and other reporting assistance materials are also being revised.

As background, in December 2006 U.S. EPA revised the reporting requirements for releases of listed chemicals (commonly known as 313 chemicals) required under Section 313 of the Emergency Planning & Community Right-to-Know Act (EPCRA). The revisions made by EPA in 2006 related to the Forms used to report 313 chemical releases. Form R is typically used to report releases, and data submitted on Form R is released to the public. Form A is a streamlined reporting process, used for 313 chemicals released in smaller quantities. Data submitted on Form A is not released to the public. The revision made by U.S. EPA changed the thresholds for when Form A could be used. Form R could always be used to report data, even for small quantities.

The 2006 revision allowed some facilities to use a streamlined reporting process; chemicals reported using the streamlined process would not be included in facility TRI reports released to the public. In response, twelve States filed a law suit against U.S. EPA in November 2007. The suit claims that the revision prevented citizens and communities from having access to the critical information required under EPCRA.

The 2009 changes to TRI reporting only affects how TRI data are reported; it does not change the thresholds used to determine if a TRI report is required. This change only applies to TRI reporters with total releases less than 5,000 lbs/year. No revisions were made by U.S. EPA for reporting 313 chemicals that have releases greater than 5,000 lbs/year.


[Read more about recent changes to TRI reporting for auxiliary facilities]
[Read more about 2008 legislation in Minnesota that reversed 2006 EPA TRI changes for Minnesota TRI sites]

Caltha LLP provides specialized expertise to clients nationwide in the EPCRA and TRI reporting, developing hazardous material tracking procedures, and preparing cost-effective regulatory compliance programs.

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