Effective Date For GHG Controls

U.S. Environmental Protection Agency (EPA) has decided that no stationary sources will be required to get Clean Air Act permits that cover greenhouse gases (GHGs) before January 2011.

EPA’s action determines that Clean Air Act construction and operating permit requirements for the largest emitting facilities will begin when the first national rule controlling GHGs takes effect. If finalized as proposed, the rule limiting GHG emissions for cars and light trucks would trigger these requirements in January 2011. The agency expects to issue final vehicle GHG standards shortly.

This action is the final step in EPA’s reconsideration of the December 18, 2008 memorandum entitled “EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.” The final action clarifies when GHGs and other pollutants are covered under Clean Air Act permitting programs.

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Revised Hazardous Materials Security Plan Requirements

The Pipeline and Hazardous Materials Safety Administration (PHMSA) revised 49 CFR Part 172 to modify certain aspects of the requirements for hazardous materials security plans. In consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), PHMSA modified security plan requirements applicable to the commercial transportation of hazardous materials by air, rail, vessel, and highway. The final rule narrows the list of materials subject to security plan requirements and clarifies certain requirements related to security planning, training, and documentation.

This final rule is effective October 1, 2010. It has a voluntary compliance date of April 8, 2010.

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EPA Case-by-Case MACT Rule - MACT Hammer

The US EPA plans to propose a new regulatory backstop requiring States to issue case-by-case maximum achievable control technology (MACT) limits at facilities should a federal court vacate an EPA sector-based MACT, which could strengthen the EPA's position on when the so-called MACT "hammer" applies. The pending rule, which received White House Office of Management and Budget approval without change, is intended to prevent confusion on when the MACT hammer applies following a legal loss for EPA on an air toxics rule. The MACT hammer requires states to establish individual toxic limits at facilities in the absence of a federal standard.

EPA believes that the rule is necessary because the MACT hammer process is poorly understood by States, which have largely been slow to implement it after courts vacate EPA MACTs. Historically, courts have held a strict interpretation of the Clean Air Act section 112, which states that MACT rules must impose technology-based requirements for each sector representing the average of the best 12 percent of sources.

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Proposed TSCA Significant New Use Rules SNUR

EPA has announced Significant New Use Rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 15 chemical substances, which were the subject of premanufacture notices (PMNs). Three of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. The effective date of this rule is April 2, 2010, unless EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments before March 3, 2010.

This action requires persons who intend to manufacture, import, or process any of these 15 chemical substances for an activity that is designated as a significant new use by the rule to notify EPA at least 90 days before commencing that activity. The notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs before March 3, 2010, EPA will withdraw the relevant sections of the final rule before its effective date. EPA will then issue a proposed SNUR for the chemical substance(s) on which adverse or critical comments were received, providing a 30–day period for public comment.

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Illinois Electronic Products Recycling and Reuse Act

Illinois Environmental Protection Agency has notified computer, television and printer manufacturing companies doing business in Illinois of statewide collection and recycling requirements as they implement recycling programs for excess electronic waste (e-waste). The Illinois Electronic Products Recycling and Reuse Act requires electronic manufacturers and retailers to properly manage discarded and unwanted electronic products, if they sell their products in the state. They must establish a system for recycling and/or reusing computers, monitors, televisions and printers discarded from residences. Beginning January 1, 2012, computers, monitors, televisions and printers will be banned from landfill disposal.

Each year, the Illinois EPA sets a statewide goal for the amount of e-waste that must be recycled and then allocates that goal among electronics manufacturers based on various formulas included in the Act. The statewide recycling goal for 2010 is 31 million pounds of e-waste. Manufacturers are required to pay for e-waste recycling and/or refurbishment up to the amount of their annual goal.

The law does not specify methods for manufacturers to meet these obligations, allowing a free market approach to determine over time the most cost-effective means of annual goal achievement.

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Missouri DNR Electronics Scrap Management Rule

The Missouri Department of Natural Resources (DNR) has completed rulemaking under to regulate the collection and recycling of computers under 10 CSR 25-19.010 Electronics Scrap Management. These rules were required in the Manufacturer Responsibility and Consumer Convenience Collection and Recovery Act. The Act requires manufacturers of computers to implement recovery plans for the collection and recycling or reuse of their obsolete equipment. The recovery plan must be implemented and a copy of the plan submitted to the Department of Natural Resources before the manufacturer can sell its computers in Missouri. Manufacturers must also label their equipment to identify themselves as the manufacturer.

Requirements for the recovery plan and reporting by computer manufacturers are listed in the Act. Retailers are prohibited from selling new computers in Missouri unless the equipment contains a manufacturer's label and the manufacturer is listed by the department as having a recovery plan.

The Act required the DNR to promulgate rules by July 1, 2009 to implement the law. Although many of the details are found in the law itself, the intent of the rule is to implement the act by further defining some of the terms used, clarifying who the law applies to, clearly stating the requirements for both manufacturers and retailers and establishing the standards for handling equipment covered by the law. The proposed rule was published in the Missouri Register on Aug. 3, 2009.

The final rule scheduled to be published in the March 30 update of the Code of State Regulation and will be effective on April 30, 2010.

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VOC Content Restrictions on Consumer Products - Revised NYDEC Rule

In January 2010, revised New York Department of Conservation (DEC) regulations became effective relating to the volatile organic compound (VOC) content of certain consumer products. In 2009, DEC made revisions to Part 235-2.1 including definitions for eleven new categories of consumer products that are being regulated in the revised Part 235. The new categories are: adhesive remover, anti-static (non-aerosol), electrical cleaner, electronic cleaner, fabric refresher, footwear or leather care, graffiti remover, hair styling products, shaving gel, toilet/urinal care, and wood cleaner. DEC also added definitions for the contact adhesive product category and is revised the definitions for two previously regulated product categories: air fresheners and general purpose degreasers.

DEC also modified several of the existing definitions and added other new definitions. For example, the Department revised the existing definition of "deodorant" and added a new definition for "deodorant body spray." Some of the new definitions come from the revised Ozone Transport Commission (OTC) model rule for Consumer Products. These definitions include: "APC VOC Standard," "Energized electrical cleaner," and "Existing product."

The revisions to section 235-3.1 amended the Table of Standards to include the VOC limits for the new categories and the revised VOC limits for the Contact Adhesive product category. The prohibitions concerning sale of these consumer products apply to products manufactured on or after January 1, 2010 which contain VOCs in excess of the VOC content limits specified in the Table of Standards (Subpart 235-3.1[a]).

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