EPA Approves Some California PM2.5 Plans

The U.S. Environmental Protection Agency is proposing to approve California's air quality plans for fine particles (PM2.5) in the South Coast and San Joaquin Valley. These plans will reduce particulate emissions to the level required by the health based 1997 PM2.5 standard by 2015.

Over the past 10 years, PM2.5 has improved by 14% in the San Joaquin Valley and by 43% in the South Coast. Diesel mobile sources such as trucks, construction equipment and marine vessels are the largest source of PM2.5 in California. Trucks and buses account for about 40 percent of diesel emissions from all mobile sources.

In November 2010, EPA proposed to disapprove the South Coast and San Joaquin Valley PM2.5 air quality plans because the agency believed they relied heavily on emissions reductions from several State diesel and marine vessel rules that had not been finalized or submitted to the EPA for review.

Since then, the California Air Resources Board (CARB) is finalizing these rules. They include the In-Use Diesel Truck and Bus rules, the Drayage Truck Rules and the Ocean Going Vessels Clean Fuels rule. In addition, CARB has revised the plans that were originally submitted to EPA to account for the original overestimation of activity and emissions from trucks and construction equipment as well as the economic recession. As a result, future emissions are forecasted to be lower and fewer emissions reductions are needed to meet the standard. For the San Joaquin Valley, the effect is that about 5% fewer reductions are needed due to the recession and about 18% fewer reductions are needed because of better emissions estimates. For the South Coast, about 5% fewer reductions are needed due to the recession and about 5% fewer reductions are needed due to better emissions estimates.

However, EPA is proposing to disapprove the plans’ contingency measures because the agency believes they do not provide sufficient emissions reductions. EPA is continuing to work with the State to demonstrate and deploy near zero emitting technologies.

The proposed actions will be published in the Federal Register and will include a 30-day public comment period from the date of publication.

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Final Guidance On Storing Ethanol and Biofuels In Underground Tanks

On June 17, 2011, US EPA Office of Solid Waste and Emergency Response released the final Guidance Regarding Compatibility of Underground Storage Tank (UST) Systems with Biofuels Blends. The guidance provides options for UST owners to use in complying with the federal compatibility requirement for UST systems storing gasoline containing greater than 10 percent ethanol or diesel containing greater than 20 percent biodiesel. EPA is submitting the guidance for publication in the Federal Register (FR).

Federal UST regulations in 40 CFR Part 280 addresses preventing and detecting UST system releases; 40 CFR §280.32 requires the UST system be compatible with the substance stored. As the US moves toward an increased use of biofuels, including ethanol and biodiesel, compliance with the UST compatibility requirement becomes even more important, since biofuel blends can compromise the integrity of some UST system materials. Therefore, EPA issued guidance on how owners and operators of UST systems storing fuels containing greater than 10 percent ethanol or greater than 20 percent biodiesel can demonstrate compliance with the UST compatibility requirement.

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OSHA Proposes Revisions To Recordkeeping And Reporting Rule

The Occupational Safety and Health Administration (OSHA) has proposed an update and revision of two aspects of the agency's recordkeeping and reporting requirements for work-related injuries and illnesses. The new proposed reporting requirements revised OSHA's current regulation that requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. Under the revised proposal, employers would be required to report to OSHA any work-related fatalities and all in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. Reporting amputations is not required under the current regulation.

OSHA is also proposing to update Appendix A of the recordkeeping rule (Part 1904 Subpart B) that lists industries partially exempt from the requirements to maintain work-related injury or illness logs. These industries received partial exemption because of their relatively low injury and illness rates. The current list of industries is based on the Standard Industrial Classification (SIC) system. The North American Industry Classification System (NAICS) was introduced in 1997 to replace the SIC system for classifying establishments by industry. When OSHA issued the recordkeeping rule in 2001, the agency used the old SIC code system because injury and illness data were not yet available based on the NAICS. OSHA is also updating Appendix A in response to a 2009 GAO report recommending that the agency update the coverage of the relevant recordkeeping requirements from the old SIC system to the newer NAICS.

OSHA is requesting public comments on the proposed revisions. Comments must be submitted by Sept. 20, 2011.

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Schedule For New Air Toxics Standards For Boilers And Solid Waste Incinerators

As part of a filing with the US Court of Appeals for the DC Circuit, the U.S. Environmental Protection Agency (EPA) has set a schedule for issuing updated air toxics standards for boilers and certain solid waste incinerators. The agency will propose standards to be reconsidered by the end of October 2011 and issue final standards by the end of April 2012.

As background, following its April 2010 proposed rule, the agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. Based on this input, the agency made revisions. Because the final standards significantly differ from the proposal; however, EPA believed further public review was required and announced it would reconsider the standards.

After the final standards were issued, multiple industry groups petitioned the agency to delay the effective date of standards for major source boilers and commercial and industrial solid waste incinerators. In May 2011, EPA announced it would stay the effective date of those standards. EPA did not stay the effective date of the standards for boilers located at area sources of air toxic emissions.

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SmartWay Initiative To Reduce Diesel Emissions At Ports

U.S. Environmental Protection Agency (EPA), the Coalition for Responsible Transportation and the Environmental Defense Fund have launched a new initiative to reduced emissions from thousands of short-haul trucks that service the nation’s ports. The new EPA SmartWay initiative will reduce diesel emissions from dray trucks, large diesel trucks that are widely used in port facilities to haul freight from cargo ships to nearby local distribution points.

Under the SmartWay dray truck initiative, carriers sign an agreement with EPA to track and reduce PM 2.5 emissions by 50% and nitrogen oxides (NOx) emissions by 25% below the industry average over a three year period. In addition, SmartWay dray shipper partners will commit to use the cleaner trucks to haul 75% or more of port freight. Charter shipper partners in the program include Best Buy, The Home Depot, Hewlett Packard, JC Penney, Lowe's, Nike, Target, and Walmart.

Under the agreement and through the incentives, EPA and its SmartWay partners expect to build on the SmartWay program’s success in cutting fuel costs, reducing diesel emissions, preserving jobs, and protecting air quality. Since 2004, SmartWay partners including many of the country’s top retailers, trucking and rail companies and manufacturers have reduced fuel use, cut foreign oil imports by 50 million barrels and saved an estimated $6.1 billion in fuel costs.

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OSHA GHS Hazard Communication Final Rule Expected In August 2011

The U.S. Occupational Safety and Health Administration (OSHA) has released their timetable on the adoption of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) into the federal hazard communication standards. After a long rulemaking process, which began with an Advanced Notice of Proposed Rulemaking in September 2006, a Final Rule is expected to be completed in August 2011.

The current OSHA hazard communication standard used in the United States is not consistent internationally and can cause complications when dealing with international trade. Adoption of the GHS into federal requirements will allow US manufacturers, employers and employees to use a hazard communication system that is more recognizable worldwide. Several countries, including the European Union, have already adopted the GHS, with varying implementation schedules.

[Read a Regulatory Briefing on the proposed GHS standard]

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Extension of Comment Period For Mercury And Air Toxics Standards

In response to requests from Congress and to allow additional public comment, EPA has extended the timeline for public input on the proposed mercury and air toxics standards applicable to coal-fired power plants. The 30-day extension will not alter the timeline for issuing the final standards in November 2011.

EPA proposed the national mercury and air toxics standards in March. The standards will be phased in over 3 years, and states have the ability to give facilities a fourth year to comply. Currently, EPA estimates that more than half of all coal-fired power plants already deploy widely available pollution control technologies that are called for to meet the proposed standards. Once final in November, these standards will require the remaining coal-fired plants, roughly 44%, take similar steps to decrease emissions.

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