Area Source NESHAP for Electric Arc Furnaces, MACT Amendments for Mercury

US EPA has announced its intent to amend the Maximum Achievable Control Technology (MACT) standard for mercury in the Electric Arc Furnace (EAF) area source rule to develop an emission limit for mercury. This limit will replace the mercury switch program as MACT.

The states and environmental groups asked the EPA to reconsider the MACT work practice standard for mercury from the 2007 promulgated rule because they believe the switch program has had a much lower success rate than expected, and is unenforceable since only self-certification is required to comply with the MACT. In addition, the basis for the work practice promulgated as MACT in 2007 was no longer valid. Mercury emissions were collected, measured, and controlled at EAF by over 30% of facilities that have measured mercury emissions. One facility was collecting and controlling mercury under a state (NJ) mercury limit.

EPA plans to issue a Notice of Proposed Rule Making (NPRM) in May 2012.

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Cancellation Of Rodenticides By OPP

The U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) is continuing the process to cancel 20 mouse and rat control products. The agency has determined that safer rodent control products are now widely available, effective, and affordable. The products EPA plans to remove from the consumer market are those that contain the most toxic and persistent active ingredients, products sold as loose bait and pellets and any remaining products without protective bait stations.

This action would further implement a 2008 decision in which EPA identified risk reduction measures to protect children, pets and wildlife from harmful chemicals in rodent control products. EPA asked manufacturers of consumer-use rodenticide products to adopt these new, more protective measures by June 2011. Many companies now sell new products that meet the updated safety requirements.

As part of the administrative cancellation process in section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA will convene its FIFRA Scientific Advisory Panel (SAP) to provide independent input on the scientific basis for the proposed cancellation of the 20 products. EPA will also seek comment from the Departments of Agriculture and Health and Human Services prior to issuing a Notice of Intent to Cancel to the manufacturers of the non-conforming rodenticide products.

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EPA Reinstates TRI Reporting Requirements For Hydrogen Sulfide

The U.S. Environmental Protection Agency (EPA) has announced that it is reinstating Toxic Release Inventory (TRI) reporting requirements for hydrogen sulfide. Hydrogen sulfide was added to the TRI list of toxic chemicals in a final rule published on December 1, 1993. However, on August 22, 1994, EPA suspended the TRI reporting requirements for hydrogen sulfide in order to address issues that were raised by members of the regulated community regarding the information used to support the original listing decision. On February 26, 2010, EPA published a Federal Register document that provided the public with the opportunity to comment on EPA’s review of the currently available data on the human health and environmental effects of hydrogen sulfide. After consideration of public comments, EPA has concluded that the reporting requirements for hydrogen sulfide should be reinstated.

This action will be effective for the 2012 TRI reporting year. The first reports for the 2012 TRI reporting year are due from facilities by July 1, 2013.

TRI is a publicly available database that contains information on toxic chemical releases and waste management activities reported annually by certain industries and federal facilities. The purpose of today’s action is to better inform the public about toxic chemical releases in their communities and to provide the government with information for research and the potential development of regulations.

Hydrogen sulfide occurs naturally in crude petroleum, natural gas, volcanic gases, and hot springs. It can also result from the breakdown of organic matter, and is produced by human and animal wastes. Hydrogen sulfide can also result from industrial activities, such as food processing, coke ovens, kraft paper mills, tanneries, and petroleum refineries. Individuals living near a wastewater treatment plant, a gas and oil drilling operation, a farm with manure storage or livestock confinement facilities, or a landfill may be exposed to higher levels of hydrogen sulfide.

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Revised Environmental Radiation Protection Standard For Nuclear Power Operation

In 1977, the EPA Office of Radiation Programs issued "Environmental Radiation Protection Standards for Nuclear Power Operations". Since issuance of the standards, the understanding of radiation risk and dose to humans has advanced and new methodologies have been developed to calculate radiation doses.

In view of the developments over the past decades, EPA is evaluating how to update the Environmental Radiation Protection Standards for Nuclear Power Operations in 40 CFR Part 190. An updated rule would draw on updated science and clarify how safety should be demonstrated. EPA expects to issue an ANPRM to solicit public input on general questions and approaches on what aspects of the rule should be updated. EPA anticipates issuing an advanced notification of proposed rulemaking (ANPRM) in February 2012.

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Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3

US EPA has initiated the next step in the “Tailing Rule”. This rule will further tailor the applicability criteria that determines which stationary sources and modification projects become subject to permitting requirements for greenhouse gases (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA).

In this rule, EPA will establish the third phase of the phase-in approach, which the agncy refers to as “Step 3”. Step 3 may apply PSD and title V to additional sources, effective July 1, 2013. Currently, EPA anticipates publishing a notification of proposed rulemaking (NPRM) in February 2012.

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Implementation Rules For One Hour Sulfur Dioxide Standard

US EPA has announced its intention to propose rules for the implementation of the 1 hour standard for sulfur dioxide. This rule is intended to provide state, local agencies, and tribes with the necessary information to comply with the 1-hour SO2 NAAQS. The rule will address the State Implementation Plan (SIP) requirements necessary for states to submit approvable maintenance SIPs as required under section 110(a)(1) of the Clean Air Act (CAA).

EPA anticipates the rule will address the requirements for adopting an emissions inventory, an attainment demonstration using refined air quality dispersion modeling, a contingency plan, control measures, as well as information on how states with areas designated as unclassifiable, which are required to submit maintenance SIPs under section 110(a)(1) of the CAA, can be redesignated to attainment.

Currently, EPA anticipates publishing a notification of proposed rulemaking (NPRM) in July 2012.

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OSHA Submits Final GHS Rule To OMB

On October 25, OSHA took the last step to officially adopt the Globally Harmonized System of Classification and Labeling (GHS) into the U.S.'s Hazard Communication Standard. On that day, OSHA submitted the final rule to The Office of Management and Budget (OMB). OMB then has up to 90 days to review and finalize the rule before it is published in the Federal Register, and becomes final.

Based on this schedule, the final rule is expected to be published in January 2012.

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