Electronic Submittals For New Chemical Notices Required Under TSCA

Beginning today, companies can no longer submit their new chemical notices and support documents on paper for EPA’s review. U.S. Environmental Protection Agency will require electronic submissions for new chemical notices under the Toxic Substances Control Act (TSCA).

On April 6, 2010, EPA issued a final rule that put in place a 2-year phase out of paper and optical disc reporting for new chemical notices to the agency. The rule included a 1-year phase out of paper reporting and a 2-year phase out of optical disc reporting.

Under TSCA, companies are required to submit new chemical notices, including pre-manufacture notices (PMNs), to EPA at least 90 days prior to the manufacture or import of the chemical. EPA reviews the notice and can set conditions to be placed on the use of a new chemical before it enters into commerce. EPA receives around 1,000 new chemical notices each year, including hundreds of pages of supporting material. Companies are required to submit these notices using EPA's electronic PMN software either on optical disk (for one more year) or via EPA’s Central Data Exchange (CDX).

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NESHAP Residual Risk - Technology Review For Primary Aluminum Reduction

US EPA is currently beginning its Residual Risk and Technology Review of the Primary Aluminum Reduction National Emission Standard for Hazardous Air Pollutants (NESHAP). The existing NESHAP for Primary Aluminum Reduction Plants (40 CFR part 63, subpart LL) applies to the owner or operator of each new pitch storage tank or new or existing potline, paste production plant, or anode bake furnace associated with primary aluminum production and located at a major source as defined in 40 CFR Section 63.2. The existing subpart LL does not apply to any existing anode bake furnace that is not located on the same site as a primary aluminum reduction plant.

Section 112(f)(2) of the Clean Air Act (CAA) requires EPA to conduct risk assessments on each source category subject to maximum achievable control technology (MACT) standards pursuant to a NESHAP and determine if additional standards are needed to protect human health. The section 112(f)(2) residual risk review of a source category is to be performed within 8 years after promulgation of the associated NESHAP. Section 112(d)(6) of the CAA requires EPA to review and revise the MACT standards as necessary taking into account developments in practices, processes, and control technologies. The technology reviews of a NESHAP are to be performed no less often than every 8 years after promulgation of that NESHAP. The NESHAP for Primary Aluminum Reduction Plants was first promulgated in 1997. The amendments will address possible residual risks and advancements in technology. EPA anticipates that the Notice of Preliminary Rule Making for this action will be published in November 2011.

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NESHAP and NSPS Rules For Portland Cement Manufacturing.

After reconsideration, US EPA is proposing to amend the NESHAP and NSPS rules relating to Portland cement manufacturing. On September 9, 2010 EPA promulgated final amendments to the Portland cement NESHAP and NSPS rules regulating emissions of air toxics and criteria pollutants. These amendments applied to all cement kilns that do not burn waste materials. Cement kilns that burn waste are regulated by separate rules covering hazardous waste combustors and commercial and industrial solid waste incinerators.

Subsequent to promulgation of the September 9 rule, EPA received four petitions for reconsideration, two from environmental groups and two from the Portland cement industry. EPA also received 20 petitions for judicial review of the September 9, 2010 final action.

At present, EPA is issuing a notice stating how the agency plans to respond to the petitions. If the agency response includes any rule amendments, EPA plans to propose and finalize those amendments as additional stages of the action. The amendment may also include corrections and clarifications discovered to be necessary after promulgation of the September 2010 amendments. However, EPA does not anticipate any significant changes in rule stringency as part of this action.

[Read Recent Update On Portland Cement Rule]

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NSPS Amendments For Electric Generating Units EGU

US EPA has initiated a proposed action to amend the existing New Source Performance Standard (NSPS) that applies to electric generating units (EGU) to address greenhouse gas (GHG) emissions. EPA plans to revise the EGU NSPS and add a section 111(b) greenhouse gas (GHG) standard for new, modified, and reconstructed facilities. It will also establish section 111(d) requirements that will include emissions guidelines for GHGs from existing EGUs.

EPA anticipates that the Notification of Preliminary Rulemaking (NPRM) will be published in the Federal Register in August 2011.

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NJDEP Petition To Require Emission Limit On Pennsylvania Power Plant

U.S. Environmental Protection Agency (EPA) is proposing to grant a petition submitted by the New Jersey Department of Environmental Protection (NJDEP) to limit sulfur dioxide (SO2) emissions from a Pennsylvania power plant that are adversely impacting air quality in four New Jersey counties. The proposed rule, when final, would require the Portland Generating Station in Northampton County, PA to reduce its SO2 emissions by 81 % over a 3-year period.

Under the Clean Air Act, when a facility impacts air quality in another state, the affected state can petition EPA and request that the facility be required to reduce its impact. In a September 2010 petition, New Jersey asked EPA to find that the Portland power plant is impacting the state’s air quality and to require the facility to reduce its SO2 emissions. Both agencies believe these emission reductions can be achieved using proven and widely available pollution control methods.

NJDEP conducted several air quality modeling analyses to evaluate SO2 levels in the state. According to NJDEP, these analyses showed that the level of SO2 in the air is exceeding the agency’s 1-hour national air quality standard and that the Portland Generating Station is the main source of emissions. EPA also conducted its own modeling analyses and found the same results. EPA is accepting comments on the proposal until May 27, 2011.

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2010 TSCA Inventory Update Rule Reports Due Starting June 1, 2011

[Note: Read update on revised IUR Rule]

Calendar year 2010 is a reporting year for the TSCA Inventory Update Rule (IUR). The IUR is one of the most widely applicable requirements under TSCA; reporting is required for both manufacturers and importers of TSCA regulated chemicals (even if imported for your own use).

EPA is still finalizing the requirements for this reporting period, consequently, the 2010 reports cannot be submitted at the present time. EPA is expecting to publish the final guidance documents in May 2011, with the proposed reporting period beginning a month later (June 1, 2011) and continuing until the end of September. The submission will be web-based, using the EPA's Central Data Exchange (CDX) site.

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Extension of Greenhouse Gas GHG Reporting Program Deadline

EPA has issued a final rule that extends the deadline for reporting 2010 data under the Greenhouse Gas (GHG) Reporting Program to September 30, 2011. The original deadline was March 31, 2011. Under the GHG Reporting Program entities required to submit data must register with the electronic GHG reporting tool (e-GGRT) no later than 60 days before the reporting deadline. The new deadline for registering with e-GGRT is August 1, 2011.

EPA’s GHG Reporting Program requires the reporting of GHG data from large emission sources across a range of industry sectors, as well as suppliers of products that would emit GHGs if released or combusted.

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