Aggregation Under New Source Review - Extension of Compliance Date

On January 12, 2009, EPA issued a final rule that revises the agency’s policy on “aggregation” as it relates to New Source Review (NSR) under the Clean Air Act. For the purpose of determining whether NSR applies, this rule directs facilities and permitting authorities to combine, or aggregate, emissions from plant modifications when those projects are related. Therefore, total emissions for the related projects must be considered when permitting authorities determine whether NSR applies.

NSR is a pre-construction permitting program to ensure air quality is maintained when factories, industrial boilers and power plants are built or modified. The program ensures that appropriate emission control technology is installed at new plants or existing plants that are undergoing a major modification. Aggregation refers to the grouping of multiple, related physical or operational changes into a single project for evaluating requirements under the New Source Review program.

On February 9, 2009, EPA extended the effective date of the rule final rule modifying the NSR air permitting program’s “aggregation” policy, to allow for further review. This action is in response to the White House’s January 20, 2009, and the Office of Management and Budget’s January 21, 2009, memoranda regarding regulatory review. EPA also will reconsider one or more of the aspects of this final rule raised by the Natural Resources Defense Council in a petition for reconsideration. To allow time for the review and the reconsideration, EPA will stay the effective date of this rule for 90 days, until May 18, 2009.


Caltha LLP provides specialized expertise to clients nationwide in the air emission review, air emission permitting, and preparing cost-effective air compliance management programs.

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Pharmaceuticals in Universal Waste Rule - Comment Period Extended

EPA announced that it has added an extra 30 days for the public and stakeholders to comment on the agency's proposal to add hazardous pharmaceutical wastes to the federal universal waste program. (Amendment to the Universal Waste Rule: Addition of Pharmaceuticals). The public comment period will now close on March 9, 2009.

The EPA Office of Resource Conservation and Recovery, formerly known as Office of Solid Waste made the extension in response to requests for more time to submit comments on the proposed rule from several stakeholders, including the Northeast Waste Management Officials' Association, Waste Management, PharmEcology Associates LLC, Healthcare Distribution Management Association, Clean Harbors Environmental Services, and the Environmental Technology Council.

[Read more about proposed amendments to the Universal Waste Rule]

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
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NPDES General Permit for Vessels - Potential EPA Review

The Environmental Protection Agency has indicated that the agency plans to reconsider rules to control discharges from vessels which were finalized in December 2008 and made effective February 6, 2009. Environmental groups also sued EPA in February 2009, saying the permit did not meet requirements of the Clean Water Act.

In December, the EPA released a general permit for cargo vessels entering the Great Lakes or other US waters from overseas that includes rules for 26 types of discharges, such as ballast, oily bilge water and "gray water", deck runoff and engine cooling water. Beginning on February 6, 2009, vessels ranging from large cruise ships to barges, tankers and many recreational vessels have to obtain permit coverage and meet certain requirements under the terms of the Vessel General Permit (VGP). These new requirements include best management practices and standards that differ depending on the type of discharge and the type of vessel. Recordkeeping requirements, self reporting, training and other obligations are also required for vessel owners and operators.

One of the key goals of the permit program is to control the spread of invasive species. Ballast water is a leading pathway for the spread of zebra mussels and other non-native aquatic species, which can displace native species and result in significant damage. The agency now believes that the VGP may do too little to prevent cargo ships from spreading invasive species. Similar measures have already had been required by Canada and the U.S. Coast Guard, and evidence suggests that they have been ineffective at controlling the spread of invasive species.

On the Great Lakes System, Minnesota and Michigan set up their own discharge permit programs before the EPA completed its VGP. The other Great Lakes states, except Wisconsin, added their own specifications to the EPA rules. Wisconsin state water officials adopted the VGP without amendments.

Caltha LLP assists wastewater dischargers to obtain NPDES permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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RIDEM Air Emission Caps - Proposed Amendments

The Rhode Island Department of Environmental Management (DEM) recently proposed to amend Air Pollution Control Regulation No. 29, which regulates the requirements to obtain "Operating Permits".

APC Regulation No. 29 requires that all major sources subject to the regulation obtain an operating permit. However, the regulation does contain certain provisions to allow sources to apply for an emissions cap if they meet certain criteria. An emissions cap must be federally enforceable and include some combination of production and/or operational limitations to ensure that emissions are limited by quantifiable and enforceable means. An emissions cap relieves the stationary source from having to obtain an operating permit.

The current regulation states that emission caps are issued for a term not to exceed 5 years. DEM proposes to amend these conditions so that emission caps will no longer expire and that sources will not be required to renew their emission cap. Emission caps would remain in effect unless they were terminated by DEM. Sources with emission caps will continue to pay an annual compliance/assurance fee.

The public comment period for these amendments ends March 23, 2009.

For further information contact Caltha LLP at
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WIsconsin Runoff Performance Standards - Proposed NR 151

The Wisconsin Department of Natural Resources (WDNR) is currently in the process of making revisions to Wisconsin Rule NR 151. NR 151establishes runoff pollution performance standards for non−agricultural facilities and transportation facilities and performance standards and prohibitions for agricultural facilities and practices designed to achieve water quality standards.

[Read on proposed changes to WDNR amendments to stormwater runoff rules]

For further information contact Caltha LLP at
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Minnesota Water Quality Rules - Amendments To 7050 and 7052

The Minnesota Pollution Control Agency (MPCA) is requesting comments on its planned amendments to rules governing state water quality standards found in Minnesota Rules Chapters. 7050 and 7052.

Chapter 7050 includes provisions to protect Minnesota’s waters from pollution – including classification system for both surface and ground waters, listing of specifically classified water bodies, water quality standards, nondegradation (antidegradation) provisions, and methods for the determination of site-specific criteria.

Chapter 7052 provides standards specific to surface waters of the state in the Lake Superior Basin - establishes aquatic life, human health, and wildlife water quality standards and criteria for Great Lakes Initiative pollutants, nondegradation standards, and implementation procedures for deriving effluent limitations from these standards and criteria.


The Federal Clean Water Act (CWA) requires States to review their water quality standards every three years (“Triennial Review”) and to amend and update them if necessary. The MPCA initiated this triennial review by seeking comments in a Request for Comments published in the July 28, 2008, State Register.

[Read more about proposed MPCA amendments to Water Quality Standards in Minnesota]

For further information contact Caltha LLP at
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CHMM Overview Course - Environmental Health and Safety Overview - Minneapolis, MN

CHMM Overview Course for the Institute of Hazardous Material Managers (IHMM) Examination
April 22 – April 24, 2009
Bloomington, Minnesota

The North Star Chapter of the Academy of Certified Hazardous Materials Managers presents this CHMM Overview Workshop. The Regulatory / CHMM Overview Workshop provides a comprehensive overview of the major environmental, health & safety topics. The course is intended to prepare students to take the IHMM Exam, although it also provides a valuable overview of EHS topics for individuals who do not intend to become Certified Hazardous Material Managers (CHMM).

Course topics include:

• Federal Environmental Statutes Overview
• Environmental Liability and Compliance Overview
• Clean Water Act (CWA)
• Clean Air Act (CAA)
• Toxic Substances Control Act (TSCA)
• Comprehensive Environmental,Response, Compensation and Liability Act (CERCLA)
• Emergency Preparedness and Community Right-to-Know Act (SARA Title III - EPCRA)
• Chemistry of Hazardous Materials
• Toxicology Overview
• Geology Overview
• Radiation Principles for Hazardous Materials Managers
• Asbestos Overview
• Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
• Hazardous Materials Transportation
• OSHA Regulatory Overview
• Incident/Accident Response Overview
• Environmental Management Systems
• Environmental Considerations in Real Estate/ Due Diligence Assessments
• Underground Storage Tanks
• Resource Conservation & Recovery Act (RCRA)
• Waste Analysis Overview
• Hazardous Waste Treatment Technologies
• Waste Reduction/Minimization and Pollution Prevention
• Environmental Compliance Audits and Auditing
• Motivation of Employees with Respect to Environmental Matters
  

The full brochure for this workshop is available in .pdf format. Registration is also available online at the ACHMM-NSC web site: http://www.achmm-nsc.org/course.htm


Caltha LLP is pleased to support the North Star Chapter in presenting this valuable training course by providing volunteer instructors.

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