Amendment To Renewable Fuel Standard Proposed

EPA has announced plans to provide additional clarifications, modifications, and technical amendments to the Renewable Fuel Standard and to clarify, modify and technically amend other fuels programs. The Renewable Fuel Standard (RFS) 2 program was required by the Energy Independence and Security Act of 2007 (EISA 2007), which amended the Clean Air Act (CAA). The final regulations for RFS2 were published in the Federal Register on March 26, 2010. EPA has previously published clarifications and modifications, technical amendments, and new pathways to the final RFS2 regulations.

This proposed regulation would provide additional clarifications, modifications, and technical amendments to RFS2 and will clarify, modify and technically amend other fuels programs in 40 CFR Part 80. This proposed action would also propose amendments to Table 1 to Section 80.1426 of the RFS2 regulations to include additional fuel pathways and assign each pathway a D-Code. It would allow producers or importers of fuel produced under these pathways to generate Renewable Identification Numbers under the program, providing that the fuel meets the other requirements for renewable fuel.

This proposed action would outline EPA's lifecycle greenhouse gas evaluation, specified in Clean Air Act section 211(o), as amended by EISA for several new pathways. This proposed action would then add these pathways to the table of approved fuel pathways.


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NSPS Review For Kraft Pulp Mills Planned

EPA has announced its intent to conduct a technical review of New Source Performance Standards (NSPS) applicable to kraft pulp mills. Section 111(b)(1) of the Clean Air Act (CAA) directs EPA to review and, if appropriate, revise the New Source Performance Standards at least every 8 years after promulgation. This is a review of Subpart BB, Standards of Performance for Kraft Pulp Mills Section 60.280 - 60.285 which was last revised in 1978.

The subpart is applicable to the following sources in kraft pulp mills that were installed after 1978: digester systems, brown stock washers, evaporator systems, recovery furnaces, smelt dissolving tanks, lime kilns, and condensate stripper systems. The pollutants regulated in this subpart include total reduced sulfur (TRS) compounds and particulate matter (PM).

This action is subject to a citizen suit under section 304(a)(2) of the Clean Air Act brought against the US EPA under the Administrative Procedure Act, 5. U.S.C. 701-06. This complaint seeks to compel the agency to fulfill its mandatory duty to review the NSPS for new and modified kraft pulp mills.


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Use of Biofuels To Meet Boiler MACT Rejected

EPA has rejected efforts to expand the renewable fuel standard (RFS) to permit heating oil biofuels used in boilers and power production to earn credit under the RFS. The decision was a setback for industries seeking the expansion as a way to ease compliance with EPA's pending boiler air toxics rule by using the lower-emitting oil.

EPA says fuel oils used to generate process heat, power, or other functions are not eligible for renewable identification number (RIN) credits that industry uses to adhere to the RFS, contending that these fuels are not within the scope of the definition of "home heating oil" that can qualify for the RFS as stipulated in the 2007 energy law. EPA's rule only expands the scope of existing fuels that qualify as heating oil under the RFS to qualify for credits under the standard. Thus far EPA has only permitted heating oil used in residential homes to gain RIN credits, but the rule expands that definition to include larger commercial buildings.

EPA is amending its boiler maximum achievable control technology (MACT) air toxics rule and an associated emissions standard for commercial and solid waste incinerators in response to industry comments that the original versions of the rules are too tough and would impose significant costs. Biofuel firms claim using their lower-emitting fuel to power boilers applicable to the MACT would help industries cut costs and make the rule achievable. Permitting biofuel heating oils used in boilers to qualify under the RFS would help spur a market for the fuels and boost the number of producers.


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Significant New Use Rules Issued For 107 Chemicals

On September 21, EPA published significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 107 chemical substances that were the subject of premanufacture notices. Eight of the chemicals are also subject to TSCA consent orders issued by EPA. The rule is effective on November 20, 2012.

Under the new SNURs, anyone who intends to manufacture, import, or process any of the listed 107 chemical substances for any activity that EPA designates as a significant new use must notify EPA at least 90 days before beginning the activity. EPA will, in turn, evaluate the intended activity, and, if necessary, prohibit or limit the activity before it occurs.


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Hazardous Waste Electronic Manifest Establishment Act

Congress passed the Hazardous Waste Electronic Manifest Establishment Act, on September 22, 2012, and forwarded it to the President for his signature on September 25, 2012. The E-manifest Act amends the Solid Waste Disposal Act by requiring EPA to establish a hazardous waste electronic manifest system within three years. The system must allow any person that is currently required to use a paper manifest to elect to complete and transmit an electronic manifest format.

Congress also authorized EPA to impose fees on users to pay for developing, maintaining, and upgrading the e-manifest system, including any costs that come from collecting and processing data from paper manifests submitted once the e-system is up and running. The fees are to be deposited into the Hazardous Waste Electronic Manifest System Fund, a revolving fund established by the Act. Congress authorized appropriations for the program for FY2013-FY2015 for start-up activities to carry out the Act.

Currently, hazardous waste generators must complete the paper Uniform Hazardous Waste Manifest any time they transport, or offer for transport, hazardous waste for off-site treatment, recycling, storage, or disposal. The manifest is designed to track the waste from the time it leaves the generator where it was produced, until it reaches the off-site waste management facility. The paper manifest consists of multiple copies of a single form, which when completed contains information on the type and quantity of waste, instructions for handling the waste, and signature lines for all parties involved in the generation, transportation, and ultimate disposition of the waste. The paper manifest, required by both EPA and the Department of Transportation, is a standard federal form. States may not develop their own versions of the form.


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Photovoltaic - Solar Modules Proposed As California Universal Waste

California Department of Toxic Substance Control has proposed regulations to add photovoltaic - solar modules as a category under the Universal Waste regulations. Solar modules are a form of photovoltaic technology where a semiconductor material, such as silicon, cadmium telluride or copper indium selenium, is encapsulated between two sheets of tempered glass. Solar modules are relatively simple, being comprised predominantly of a silicon or semiconductor substrate, which for thin–film modules is a thin layer of two or more metal– based semiconductors applied to the surface of glass. Solar modules are likely to exhibit the characteristic of toxicity due to heavy metals (such as cadmium, copper, lead, and selenium) and thus would be classified as hazardous waste, if disposed.

Currently, the volume of waste solar modules in California is very small with the exact number unknown. However, with the increase in deployment of solar modules throughout the state to meet its increasing energy needs, as well as meet the renewable energy goals established by the Governor, that volume of waste solar modules is anticipated to increase at a steady rate over the next 20 years.

The broad objectives of the DTSC regulations are to:

• Establish a conditional exemption in section 66261.6 (recyclable materials) for non–RCRA hazardous waste solar modules that are collected, transported and recycled by being reclaimed as part of a reclamation program administered by a solar module vendor (as defined in the proposed regulations).
• Designate hazardous waste solar modules, that are either RCRA hazardous waste or non–RCRA hazardous waste, as universal waste provided that the solar modules are recycled, not disposed, and are managed in accordance with the existing requirements of chapter 23 (Standards for Universal Waste Management).
• Maintain the existing hazardous waste requirement for recycling activities, including reclamation activities and other forms of hazardous waste treatment activities, which require a hazardous waste facility permit or other grant of authorization from DTSC.

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Emission Standards For Area Source Chemical Production Facilities

EPA has sent a pending final rule revising emissions standards for smaller "area" source chemical production facilities for White House review, after taking comment on a proposed version of the rule that industry argued would impose significant cost for little environmental benefits. The pending final rule, which EPA submitted to the White House Office of Management and Budget (OMB), will revise the agency's 2009 national emission standards for hazardous air pollutants for chemical manufacturing area sources.

Area sources are those below the "major" source threshold of emitting 10 tons per year (tpy) of a hazardous air pollutant (HAP), or 25 tpy of any combination of HAPs. OMB review, which typically takes 90 days, is the last major step before EPA can sign the rule and publish it in the Federal Register.

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