ODEQ Biomonitoring – Whole Effluent Toxicity Testing Changes

The Oklahoma Department of Environmental Quality (ODEQ) is proposing to modify its rules concerning biomonitoring (whole effluent toxicity, or WET) requirements for wastewater dischargers. Under the proposed rules, a sublethal test failure (failure to demonstrate growth or reproduction) will be handled the same as a lethal test failure (death to the test organisms). This change is required based on changes in US EPA requirements and has already been promulgated into Oklahoma’s Water Quality Standards. Additionally, the proposed rule modifications further refine when a facility may request a biomonitoring organism change from Daphnia pulex or Ceriodaphnia dubia to Daphnia magna. Finally, the proposed rule modifications would require monthly monitoring for phosphorus and/or nitrogen if a facility is discharging to a nutrient limited watershed as designated by Oklahoma’s Water Quality Standards.

Caltha LLP provides expert technical support to clients nationwide to address State water quality standards. Caltha provides specialized expertise in biomonitoring, aquatic toxicology and impacts to aquatic communities.

[Click here to request further information on aquatic toxicology and aquatic community impact assessment]

For further information contact Caltha LLP at
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Do I Need an SPCC Plan? SPCC Threshold Criteria Overview

The requirement for a formal Spill Prevention, Control and Countermeasure (SPCC) Plan comes from a federal regulation - 40 CFR 112 ("SPCC Rule"). Certain States may have their own requirements for spill prevention and response, which are in addition to the SPCC Rule.

Whether or not a site needs to prepare and implement and SPCC Plan will depend on oil storage capacity at the site. If the capacity to storage oils exceeds 1,320 gallons, then an SPCC Plan may be required.

Some key considerations include:

• Oils regulated are not limited to petroleum and fuels - other types of oils, including food oils, hydraulic fluids, etc. may be regulated under SPCC Rules.


• All containers greater than 55-gallons need to be included (which includes 55-gal drum containers)


• Although underground storage tanks may be excluded, the types of oil storage goes well beyond fixed abovegound storage tanks; containers regulated under SPCC Rules can include oil-filled equipment (e.g., gear boxes, reservoirs), oil-filled electrical equipment, and mobile tanks.

Compliance with SPCC Rules begins with careful consideration of 40 CFR 112, and an in-depth inventory of regulated materials and containers.

[Read more about recent changes to SPCC Rules]

[Read more about State-specific SPCC Plan Templates]

Caltha LLP provides expert technical support to clients nationwide needing to comply with SPCC Rules and State spill prevention and response planning requirements.

For further information contact Caltha LLP at
info@calthacompany.com
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EPA Air Quality Index AQI for PM2.5 - New Significant Harm Level

On January 15, 2009 EPA proposed to revise its Air Quality Index (AQI) to update the values States use to report daily concentrations for fine particle matter (also known as PM2.5) to reflect changes to the fine particle standard made in 2006. The Agency also proposed to set a “significant harm level” (SHL) equal to the proposed AQI value of 500.

The AQI is EPA’s color-coded tool for communicating air quality to the public; values range from 0 to 500. The higher the AQI value, the greater the level of air pollution and the greater the health concern.

The proposed changes to AQI values include:

• Setting a PM2.5 AQI value of 100 (anything above 100 is unhealthy for sensitive groups) at 35 ug/m3, which is equal to the 24-hour PM2.5 standard.
• Setting an AQI of 150 (above 150 is unhealthy) would be set at 55 ug/m3
• The proposed rule would retain the current AQI values of 200, 300, 400 and 500 at their current levels.

EPA also is proposing to set a Significant Harm Level (SHL) for PM2.5 equal to the proposed AQI value of 500, which is 500 ug/m3. An SHL is a factor used in designing air pollution Emergency Episode Plans, which are required for certain areas of the country. These plans are used to establish procedures for delivering timely information to citizens potentially affected by elevated PM2.5 levels, and to curtail emissions from sources in the area that are potentially contributing to harmful PM2.5 levels.

For further information contact Caltha LLP at
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Universal Waste Rule - Pharmaceutical Wastes and Take-back Programs

EPA has proposing to add hazardous pharmaceutical wastes to the Universal Waste Rule. The Universal Waste Rule, originally promulgated in 1995, modified hazardous waste regulations by establishing a set of streamlined requirements for the collection of certain widely dispersed hazardous wastes, called "universal wastes''. EPA expects that the proposed rule would facilitate better management of pharmaceutical wastes by streamlining the generator requirements and encouraging generators of hazardous pharmaceutical wastes to manage them under the provisions of the Universal Waste Rule. This Rule ensures that hazardous pharmaceutical wastes are properly disposed of and treated as hazardous wastes.

In addition, this proposed rule would facilitate the implementation of pharmaceutical take-back programs by removing RCRA barriers in the collection of pharmaceutical wastes from health care and other such regulated facilities, as well as facilitate the collection of pharmaceutical wastes from households, including non-hazardous pharmaceutical wastes.

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

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

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

EPCRA 311 - 312 Reporting - Recent Changes To Reporting Requirements

In November 2008, US EPA published a revision to rules under the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312. These revisions may affect reporting for some facilities in 2009.

The key revisions included the following:

• Clarification on acceptable calculation methods for mixtures containing EPCRA chemicals to determine if reporting thresholds are exceeded;


• Defining the time allowed to report changes at the facility relevant to EPCRA chemicals to appropriate agencies. This includes notifying that the facility is no longer in operation, then new extremely hazardous substances (EHSs) are present at the facility, if EHSs are moved to a different location at the facility, if EHSs are no longer present at the facility, and other changes relevant to emergency planning.

For more information, refer to:

Regulatory Briefing - Revision to EPCRA Reporting Requirements

Caltha LLP provides expert technical support to facilities to meet their EPCRA and CERCLA reporting requirements, including EPCRA 311, EPCRA 312 and EPCRA 313 reporting.


For further information contact Caltha LLP atinfo@calthacompany.com
orCaltha LLP Website

EPCRA - CERCLA Reporting - Changes to Hazardous Substance Release Reporting

Effective January 20, 2009, US EPA is providing an administrative reporting exemption that applies to certain releases of hazardous substances from farm operations. The exemption applies to releases of hazardous substances to the air from animal waste at farms. The final rule reduces the burden of complying with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements for the affected farms.

The final rule does not change the notification requirements if hazardous substances are released to the air from any source other than animal waste at farms (e.g., ammonia tanks), or if any hazardous substances from animal waste are released to any other environmental media, (e.g., soil, ground water, or surface water) when the release of those hazardous substances is at or above its reportable quantity.

Ammonia and hydrogen sulfide are the most common hazardous substances that are emitted from animal waste. Ammonia is a by-product of the breakdown of urea and proteins that are contained in animal waste, while hydrogen sulfide is another by-product of the breakdown of animal waste under anaerobic conditions. However, other hazardous substances, such as nitrogen oxide and certain volatile organic compounds may also be released from animal waste. This rule extends the administrative reporting exemption to all hazardous substances emitted to the air from animal waste at farms.

Caltha LLP assists facilities regulated under CERCLA and EPCRA in meeting their reporting requirements, including EPCRA 311 – EPCRA 312 reporting of releases of hazardous substances.

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