Proposed Rule to Reduce Mercury Emissions From Boilers, Incinerators

The U.S. Environmental Protection Agency (EPA) is issuing proposals that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters and solid waste incinerators.

Combined, EPA estimates that these proposals would cut annual mercury emissions from about 200,000 industrial boilers process heaters and solid waste incinerators by more than 50 percent. Estimated annual costs of installing and operating pollution controls required under these rules would be $3.6 billion.

These actions cover emissions from two types of combustion units. The first type of unit, boilers and process heaters, burns fuel such as natural gas, coal, and oil to produce heat or electricity. These units can also burn non-hazardous secondary materials such as processed tires and used oil. Boilers are located at large industrial facilities and smaller facilities, including commercial buildings, hotels, and universities. The second type of unit, commercial and industrial solid waste incinerators, burns solid waste.

Large boilers and all incinerators would be required to meet emissions limits for mercury and other pollutants. Facilities with boilers would also be required to conduct energy audits to find cost effective ways to reduce fuel use and emissions. Smaller facilities, such as schools, with some of the smallest boilers, would not be included in these requirements, but they would be required to perform tune-ups every two years.

EPA is also proposing to identify which non-hazardous secondary materials would be considered solid waste and which would be considered fuel. This distinction would determine whether a material can be burned in a boiler or whether it must be burned in a solid waste incinerator. The agency is also soliciting comment on several other broader approaches that would identify additional non-hazardous secondary materials as solid waste when burned in combustion units.

EPA will take comment on these proposed rules for 45 days after they are published in the Federal Register. EPA will hold a public hearing on these rules soon after they are published in the Federal Register.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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State Environmental Compliance Resources

Caltha maintains a number of blog resources dedicated to State regulatory programs, including:

Wisconsin Environmental Consultant
Iowa Environmental Consultant
North Dakota Environmental Consultant
Minnesota Environmental Consultant
Texas Stormwater Consultant
Nebraska Stormwater Consultant
California Stormwater Consultant
Illinois Stormwater Consultant
Ohio Stormwater Consultant
Michigan Stormwater Consultant
South Dakota Environmental Consultant

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

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New Chemicals Proposed for Toxic Release Inventory - TRI

U.S. Environmental Protection Agency (EPA) is proposing to add 16 chemicals to the Toxics Release Inventory (TRI) list of reportable chemicals. TRI is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities.

Four of the chemicals are being proposed for addition to TRI under the polycyclic aromatic compounds (PACs) category. The PACs category includes chemicals that are persistent, bioaccumulative, toxic (PBT) and are likely to remain in the environment for a very long time. These chemicals are not readily destroyed and may build up or accumulate in body tissue.

The chemicals proposed for addition are:

• 1-Amino-2,4-dibromoanthraquinone
• 2,2-bis(Bromomethyl)-1,3-propanediol
• Furan
• Glycidol
• Isoprene
• Methyleugenol
• o-Nitroanisole
• Nitromethane
• Phenolphthalein
• Tetrafluoroethylene
• Tetranitromethane
• Vinyl Fluoride
• 1,6-Dinitropyrene
• 1,8-Dinitropyrene
• 6-Nitrochrysene
• 4-Nitropyrene
  

EPA is accepting public comments on the proposal for 60 days after it appears in the Federal Register.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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

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.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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

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.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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