Fuel Conditional Exemptions From EPCRA Tier 2 Reporting

Do facilities need to report fuels stored on-site under EPCRA 311 and 312? In most cases, fuels must be considered under EPCRA 311 and 312, and must be reported on Tier I or Tier II forms if the maximum inventory during the reporting year exceeds the EPCRA reporting threshold of 10,000 pounds, or lower if an Extremely Hazardous Substance (EHS). There are some limited exceptions for fuel storage. However, these apply only to retail establishments and only to storage in underground storage tanks (USTs). For such facilities, the condition exemption applies only to two fuel types: •For gasoline at a retail gas station, the threshold level is 75,000 gallons, if storage meets some specific conditions •For diesel fuel at a retail gas station, the threshold level is 100,000 gallons, again if storage meets some specific conditions.

Caltha LLP provides specialized expertise to clients nationwide in the preparing hazardous material and chemical inventories for EPCRA Tier I and Tier II reports, preparing EPCRA 311 and EPCRA 312 reports, and preparing cost-effective chemical inventory and MSDS management programs.

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PHMSA Proposed Rulemaking Amendment To Hazardous Materials Regulations

U.S. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rulemaking amending the Hazardous Materials Regulations (HMR) to prohibit the transportation of flammable liquids in unprotected external product piping (wetlines) on DOT specification cargo tank motor vehicles. The proposed rule would require many DOT specification transport trailers in flammable service to be equipped with bottom protection devices (steel guards) that would prevent rupture of wetlines in the event of a motor vehicle collision. Transport trailers containing “combustible products” or flammable products reclassified as combustible are exempt from the proposed rule. The proposed amendments do not apply to cargo tank vehicles where the engine, body, and cargo tank are permanently mounted to the same chassis (straight trucks, bobtails, etc).

The proposed rule would require existing transport trailers in flammable service to be retrofitted with bottom protection equipment or meet the maximum 33 ounce residue standard within ten years. Newly manufactured trailers would be required to comply within two years. Interested parties must submit written comments to PHMSA before the March 28, 2011 public comment deadline.

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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MACT For Other Solid Waste Incineration Rulemaking

EPA promulgated emissions standards for Other Solid Waste Incineration (OSWI) units in 2005. Units covered under that rule included certain very small municipal waste combustion and institutional waste incineration units. Because EPA did not have emissions test data on OSWI units specifically, the 2005 rulemaking was based on test data from hospital, medical, infectious waste incineration (HMIWI) units, which were considered to be similar to OSWI units. EPA did not issue standards or guidelines for sewage sludge incinerator units, pathological waste incinerator units, and other categories of units.

In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA's definition of "solid waste incineration unit". In that decision, the court held that any facility that combusts any solid waste material is a commercial or industrial solid waste incineration unit. Based on that decision, EPA has reevaluated some of the categories of units for which EPA did not issue standards or guidelines in the 2005 OSWI rule, such as pathological waste incinerators, and concluded that such units are in fact solid waste incineration units and as such must be regulated under Clean Air Act section 129.

EPA is now initiating rulemaking that will require that an information collection request (ICR) be used to gather data necessary to develop MACT floors and emission limits for the rule.

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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MACT & NSPS Review For Petroleum Refinery 1 and 2 Source Categories

EPA is required to evaluate the risk remaining at facilities 8 years after they are required to comply with Maximum Achievable Control Technology (MACT) air-toxic emission standards according to Section 112 (f)(2) of the Clean Air Act (CAA). EPA is also required to review and revise the MACT standards if needed every 8 years with regard to practices, processes and control technologies according to Section 112(d)(6) of the CAA.

EPA is currently proposing to conduct risk and technology reviews for both Petroleum Refinery MACT 1 and 2 source categories. Initial work will focus on gathering comprehensive information on petroleum refineries to complete these reviews. In addition, EPA also plans to address issues related to the reconsideration of Petroleum Refinery New Source Performance Standards (NSPS) Subpart Ja.

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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Changes Proposed To SDDENR Air Construction Permit & GHG Rules

The South Dakota Department of Environment and Natural Resources (DENR) is proposing revisions to administrative rules of South Dakota Chapter 74:36, Air Pollution Control Program. DENR is proposing that the Board of Minerals and Environment adopt revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36 – Air Pollution Control Program to be consistent with federal rules.

The federal Environmental Protection Agency (EPA) adopted revisions to its Prevention of Significant Deterioration and Title V air quality permit programs which established greenhouse gases (GHG) as a regulated air pollutant and a greenhouse gas air emission threshold for when a business is required to obtain a permit. The proposed revisions to ARSD Article 74:36 will be to adopt the federal greenhouse gas tailoring regulations. The proposed revisions to ARSD Article 74:36 will also allow certain businesses to start construction before a construction permit is issued.

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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Heat Loss Infrared Imaging Camera Technology During Energy Audits

In 2010, U.S. Environmental Protection Agency (EPA) issued proposed rules 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.

Under the proposed rule, 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.

One cost effective tool used to quickly assess commercial, industrial and institutional boilers and other facility systems and equipment is the heat loss infrared imaging camera technology. Thermal infrared cameras are rapidly becoming the high-tech standard for identifying specific areas where energy is being wasted. The benefits of thermal infrared inspections extend beyond the building envelope and help spot inefficient equipment, water leaks, mold, electric hazards and many other hidden problems, for example:

• Identify gaps and cracks in a building’s envelope where heat is escaping (winter) or infiltrating (summer).



• Identify areas in the building envelope where insulation is missing or inadequate.
  Identify which electric devices (such as motors) are running hot and are in need of maintenance.



• Identify whether steam traps are operating inefficiently and are in need of maintenance.



• Identify areas where piping insulation (hot water, steam or refrigerant) has deteriorated.

Examples for heat loss photo imaging:

Caltha LLP provides specialized expertise to clients nationwide to conduct thermal camera / infrared camera assessments of buildings, systems, and equipment and conduct energy audits for commercial, industrial & institutional buildings.

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Minnesota Environmental Permit Streamlining Executive Order

Governor Mark Dayton has signed an executive order directing the Minnesota Department Natural Resources and the Minnesota Pollution Control Agency to take actions to streamline environmental permitting processes used by the agencies and to better align environmental requirements with adjoining States and States within EPA Region 5.

The order requires:

“1. The Commissioners shall accelerate and simplify environmental review and permitting by enabling environmental review and permit applications to be submitted electronically.
2. The Commissioners shall establish a goal for each of their agencies to decide, within 150 days after the agency determines that an environmental or natural resource permit application is complete, whether to issue the permit. The Commissioners shall, within six months after the effective date of this order, submit to the Governor a progress report on meeting the goal and any additional administrative recommendations to further reduce decision times.
3. The Commissioners shall establish a goal for each of their agencies to decide, within 30 days after an environmental impact statement is finally approved, whether to issue the permit. The Commissioners shall promptly report to the Governor any decisions that do not meet the goal. 4. The Commissioner of the Pollution Control Agency shall, within 60 days after the effective date of this order, evaluate and report to the Governor any recommendations the Commissioner deems appropriate to amend Minnesota Statutes, section 115.07, and applicable Minnesota Rules, to be more consistent with federal regulations that, under certain conditions, permit construction to commence before a water discharge permit is issued.
5. The Commissioner of the Pollution Control Agency shall include, in any statement of need and reasonableness for rules to adopt air quality or hazardous waste or water quality standards, an analysis of proposed standards that are more stringent than similar federal standards including justification for why the standards are needed to protect public health and the environment, and a comparison to similar standards in border states and states within Environmental Protection Agency region 5”


The Executive Order will become effective 15 days after publication in the State Register and filing with the Secretary of State.

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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