Underground Storage Tank UST - New Rules For South Dakota

The South Dakota Department of Environmental and Natural Resources has revised its requirements for Underground Storage Tanks (UST), and associated piping and dispensing equipment.

Effective January 1, 2009, if the system is located within 1,000 feet of a community water supply or any potable water well (including private household wells), new USTs or replacement of existing USTs must include SECONDARY CONTAINMENT and LEAK DETECTION measures. These control requirements also apply to new piping systems installed after January 1, 2009.

Any new dispensing equipment, or replacement of existing equipment, if located within 1,000 of a potable water supply, must have a UNDER DISPENSER SUMP. The sump needs to control any releases from the area around the dispensing equipment and prevent releases to the environment.

Finally, ALL owners and operators of UST systems, regardless of proximity to potable water supplies, must go through a training program on proper UST operation. Training must be completed by August 8, 2012.

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Tighter Water Quality Standards Required By EPA For Mississippi River

On December 15, 2008, USEPA informed the Missouri Department Natural Resources (MDNR) that new or revised water quality standards are necessary to protect the Mississippi River in Missouri. MDNR designated many stream segments and all of its lakes for recreational uses. However, Missouri did not assign the highest level of recreational use to a 195.5-mile segment of the Mississippi River that flows from St. Louis to the confluence of the Mississippi and Ohio Rivers. This EPA action directs the State to address approximately 160 miles of the Mississippi River to ensure that swimming, water-skiing and other recreational uses are protected. This will require MDNR to assign more stringent water quality criteria, which may in turn result in tighter wastewater discharge permit limits.

This action could impact many municipal and industrial NPDES permitted discharges in this reach of the Mississippi River, whether or not existing water quality data indicate that the river does/ does not currently meet recreational use standards.

Caltha LLP assists clients nationwide in addressing water quality standards in permitting and environmental reviews.

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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.

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Industrial Discharge Requirements – New MPCA Rules

The new Minnesota Pollution Control Agency (MPCA) Wastewater Pretreatment Rules (Minnesota Rules 7049) recently became effective. Prior to promulgation of these Rules, Minnesota industries that discharged to their local Publicly Owned Treatment Works (POTW) and where subject to Federal pretreatment requirements did not have easy options to demonstrate compliance, especially if they were located outside of a major metropolitan area.

Changes in the new pretreatment requirements will primarily affect:

1. Industrial dischargers that are subject to Federal Categorical Effluent Standards;


2. Industrial dischargers that have higher flow or loads to their POW compared to other dischargers; and


3. POTWs that have not been delegated authority to operate their own industrial pretreatment program
   

One of the key elements of the new MPCA Rule is the definition of “Significant Industrial Users”. These industrial dischargers will have increased reporting and monitoring requirements. POTWs must identify all their Significant Industrial Users and report on them annually to MPCA.

For more information on this new Rule, go to Regulatory Briefing - New Minnesota Pretreatment Rule. Caltha publishes Regulatory Briefings to highlight new or proposed Federal and State regulations; Click here to register to receive these Briefings by email.

Caltha LLP assists industrial dischargers to meet permitting, monitoring and reporting requirements.

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Security Vulnerability Assessments - Extension of Deadline

The Department of Homeland Security (DHS) has extended the deadline for submission of the Security Vulnerability Assessment (SVA), or for an Alternative Security Program (ASP) in lieu of an SVA, for "Tier 4" facilities. The deadline has been extended to Jan. 12, 2009.

In 2008 DHS assigned preliminary tier levels to chemical facilities considered a high security risk, ranging from highest risk at Tier 1 to lowest risk at Tier 4. Tier 4 facilities must perform and submit an SVA, but also have the option of submitting an ASP in lieu of an SVA. The deadline for this submittal is for Tier 4 facilities only. If a facility has already submitted its SVA or ASP, it does not need to take any further action at this time.

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.

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EPA Draft Water Quality Criteria for Acrolein and Phenol

US EPA recently published proposed updated to its water quality criteria for acrolein and phenol. Water quality criteria are generally calculated to protect aquatic life. However, for certain chemicals which can accumulate in fish, criteria also are based on protection of human health. In addition to being directly exposed to chemicals in the water, humans can also be exposed when fish are eaten that have accumulated chemical from the water. Both acrolein and phenol have human health-based water quality criteria.

Comment period for the draft criteria ended in October 2008.

The proposed criteria are significantly lower compared to current criteria used for the two chemicals:

Acrolein:

Water + Organisms: 6 mg/L (currently 190 mg/L)

Organisms Only: 9 mg/L (currently 290 mg/L)

Phenol:

Water + Organisms: 10,400 mg/L (currently 20,700 mg/L)

Organisms Only: 857,000 mg/L (currently 1,700,000 mg/L)

Acrolein is used in various chemical manufacturing processes and is also used as a common herbicide. Phenol is also used to make chemical intermediates for a wide range of other applications, ranging from plastics to pharmaceuticals and agricultural chemicals.

Caltha LLP provides specialized expertise in environmental toxicology and water quality standards.

For further information contact Caltha LLP at
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