Sunday, December 5, 2010

CERCLA EPCRA Reporting Exemption For Hazardous Substance Releases From Farms

On December 18, 2008, EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms ("Final Rule").

The Final Rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA). On January 15, 2009, Waterkeeper Alliance, Sierra Club, the Humane Society of the United States, Environmental Integrity Project, the Center for Food Safety, and Citizens for Pennsylvania's Future filed a Petition for review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. On March 17, 2009, the National Pork Producers Council filed its Petition for Review challenging a portion of the Final Rule that amended the EPCRA regulations. The two cases were consolidated. On Feburary 11, 2009, the National Chicken Council, National Turkey Federation, and U.S. Poultry & Egg Association moved to intervene on behalf of EPA to assert their interests in the Final Rule.

Since August 25, 2009, the case has been held in abeyance so that the Parties could participate in the D.C. Circuit Mediation Program. The mediation process did not resolve the issues raised by all of the parties, but it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacature of the Final Rule during the reevaluation period.


Caltha LLP provides specialized expertise to clients nationwide on Toxic Release reporting under CERCLA and EPCRA, and Tier 2 reporting under EPCRA 311 and 312, and EPCRA 313 Toxic Release Inventory Reporting.


For further information contact Caltha LLP at


info@calthacompany.com


or


Caltha LLP Website

Residual Risk and Technology Review For Group I Polymers and Resins

Portions of the residual risk and technology review (RTR) for Group I Polymers and Resins (P&R I)has been finalized. The proposed NESHAP RTR for Group I Polymers and Resins (subpart U) was signed on September 14, 2010 and the final rule must be signed before June 30, 2011. P&R I covers nine source categories that produce elastomers. Final RTR decisions have already been made for four of the source categories.

For the other five source categories, EPA has proposed that the current Maximum Achievable Control Technology (MACT) standards provide ample margin of safety and that there have been no advancements in technologies. EPA has also proposed to eliminate exemptions for periods of startup, shutdown and malfunction. Finally, EPA has proposed new standards for significant emission points not previously regulated at five of the nine source categories.

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

NESHAP Residual Risk and Technology Review for Chromium Electroplating and Steel Pickling

US EPA is in the early stages of conducting its Residual Risk and Technology Review (RTR) for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hard and Decorative Chromium Electroplating, Chromium Anodizing, and Steel Pickling sector (subparts N and CCC).

EPA has finalized how the agency will address the residual risk and technology reviews conducted for the two national emission standards for hazardous air pollutants (NESHAP). The two NESHAPs include 6 source categories. The review also addresses provisions related to emissions during periods of startup, shutdown, and malfunction. Additionally, EPA has finalized changes to correct editorial errors, makes clarification, and addresses issues with implementation.

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

Saturday, December 4, 2010

States Identified For Greenhouse Gas Permitting Program Updates

Working with the states, the U.S. Environmental Protection Agency (EPA) is moving forward with its plan to require certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These updates are required to ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s “Tailoring Rule”.

EPA has identified 13 states that need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include:
Arizona, Arkansas., California, Connecticut, Florida., Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

The Clean Air Act requires states to develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.

In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources are not covered by these GHG permitting requirements.

Related links:
GHG Tailoring Rule

Greenhouse Gas (GHG) permitting information

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

Monday, November 22, 2010

Final Geologic Sequestration Rules - Class VI Injection Well

U.S. Environmental Protection Agency (EPA) finalized two rules related to the capture and sequestration of carbon dioxide. Carbon capture and sequestration (CCS) technologies have the potential to enable large emitters of carbon dioxide to significantly reduce greenhouse gas emissions. This technology allows carbon dioxide to be captured at stationary sources and injected underground for long-term storage in a process called geologic sequestration. The new rules aim to protect drinking water and to track the amount of carbon dioxide that is sequestered from facilities that carry out geologic sequestration.

Drinking Water Protection:
EPA finalized a rule that sets requirements for geologic sequestration of carbon dioxide, including the development of a new class of injection well called Class VI, established under EPA’s Underground Injection Control (UIC) Program. The rule requirements are designed to ensure that wells used for geologic sequestration of carbon dioxide are appropriately sited, constructed, tested, monitored, and closed. The UIC Program was established under the authority of the Safe Drinking Water Act.

Greenhouse Gas Reporting:
EPA also finalized a rule on the greenhouse gas reporting requirements for facilities that carry out geologic sequestration. Information gathered under the Greenhouse Gas Reporting Program will enable EPA to track the amount of carbon dioxide sequestered by these facilities. The program was established in 2009 under authority of the Clean Air Act and requires reporting of greenhouse gases from various source categories in the United States.

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

Tuesday, November 16, 2010

Guidance On Storing Ethanol Fuels and Biodiesel In Underground Storage Tank Systems

To help ensure that biofuels, such as ethanol and biodiesel, are safely stored in underground storage tanks (USTs), the U.S. Environmental Protection Agency (EPA) released draft guidance for UST owners and operators who wish to store these fuels. EPA is requesting comments on the proposed guidance that clarifies how an UST owner or operator can comply with the federal compatibility requirement for UST systems storing gasoline containing greater than 10 percent ethanol, and diesel containing a percent of biodiesel yet to be determined. After reviewing comments, EPA intends to issue the final guidance in early 2011.

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

Monday, November 15, 2010

FTC Green Guides Revision Proposed - Renewable Energy, Renewable Materials Claims

The Federal Trade Commission (FTC) has proposed revisions to the guidance for marketers to help them avoid making misleading environmental claims. The proposed changes are designed to update the Guides and make them easier for companies to understand and use. The changes to the “Green Guides” include new guidance on marketers’ use of product certifications and seals of approval, “renewable energy” claims, “renewable materials” claims, and “carbon offset” claims. FTC will accept public comments on the proposed changes until December 10, 2010.
The Green Guides were first issued in 1992 and then revised in 1996 and 1998. The guidance they provide includes: 1) general principles that apply to all environmental marketing claims; 2) how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and 3) how marketers can qualify their claims to avoid deceiving consumers.

Proposed Revisions to the Guides
The revised Guides caution marketers not to make blanket, general claims that a product is “environmentally friendly” or “eco-friendly” because the FTC’s consumer perception study confirms that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. Very few products, if any, have all the attributes consumers seem to perceive from such claims, making these claims nearly impossible to substantiate.

The proposed Guides also caution marketers not to use unqualified certifications or seals of approval – those that do not specify the basis for the certification. The Guides more prominently state that unqualified product certifications and seals of approval likely constitute general environmental benefit claims, and they advise marketers that the qualifications they apply to certifications or seals should be clear, prominent, and specific.

Next, the proposed revised Guides advise marketers how consumers are likely to understand certain environmental claims, including that a product is degradable, compostable, or “free of” a particular substance. For example, if a marketer claims that a product that is thrown in the trash is “degradable,” it should decompose in a “reasonably short period of time” – no more than one year.


New Guidance Proposed
The proposed changes would update the Guides by giving advice about claims that are not addressed in the current Guides, such as claims about the use of “renewable materials” and “renewable energy.” The FTC’s consumer perception research suggests that consumers could be misled by these claims because they interpret them differently than marketers intend. Because of this, the Guides advise marketers to provide specific information about the materials and energy used. Moreover, marketers should not make unqualified renewable energy claims if the power used to manufacture any part of the product was derived from fossil fuels.

The proposed revised Guides also provide new advice about carbon offset claims. Carbon offsets fund projects that reduce greenhouse gas emissions in one place in order to counterbalance or “offset” emissions that occur elsewhere. The Guides advise marketers to disclose if the emission reductions that are being offset by a consumer’s purchase will not occur within two years. They also advise marketers to avoid advertising an offset if the activity that produces the offset is already required by law.

Because the FTC lacks a sufficient basis to provide meaningful guidance or because the FTC wants to avoid proposing guidance that duplicates rules or guidance of other agencies, the proposed Guides do not address use of the terms “sustainable,” “natural,” and “organic.” Organic claims made for textiles and other products derived from agricultural products are currently covered by the U.S. Department of Agriculture’s National Organic Program.

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