Mercury and Air Toxics Standards For Power Plant Emissions

The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards for power plant emissions of mercury and air toxics arsenic, acid gas, nickel, selenium, and cyanide. Power plants are the largest remaining source of several toxic air pollutants, including mercury, arsenic, cyanide, and a range of other pollutants, and emit about half of the mercury and over 75% of the acid gas emissions in the United States. More than half of all coal-fired power plants already deploy pollution control technologies that meet these achievable standards. Once final, the remaining plants take similar steps to decrease emissions.

The Mercury and Air Toxics Standards are being issued in response to a court deadline. Congress passed the 1990 Clean Air Act Amendments and mandated that EPA require control of toxic air pollutants including mercury. The Mercury and Air Toxics Standards and the Cross-State Air Pollution Rule, which was issued earlier this year, both reduce power plant emissions.

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General Permits For Commercial Vessel Discharges

U.S. Environmental Protection Agency (EPA) is issuing two draft vessel general permits that would regulate discharges from commercial vessels, excluding military and recreational vessels. The draft Vessel General Permit, which covers commercial vessels greater than 79 feet in length, would replace the current 2008 Vessel General Permit, when it expires in December 2013. The new draft Small Vessel General Permit would cover vessels smaller than 79 feet in length and would provide such vessels with the Clean Water Act permit coverage they will be required to have as of December 2013.

Summary of Draft Vessel General Permit:
The updated permit would reduce the administrative burden for vessel owners and operators, eliminating duplicative reporting requirements, clarifying that electronic recordkeeping may be used instead of paper records, and streamlining self-inspection requirements for vessels that are out of service for extended periods. The permit will, for the first time, manage the discharge of fish hold effluent.

A key new provision of the permit is a proposed numeric standard to control the release of non-indigenous invasive species in ballast water discharges. The draft Vessel General Permit also contains updated conditions for mechanical systems that may leak lubricants into the water and exhaust gas scrubber washwater, which would reduce the amount of oil and other pollutants that enter U.S. waters. EPA will take comment on potentially more stringent requirements for bilgewater discharges.

Summary of Draft Small Vessel General Permit:
This permit would be the first under the Clean Water Act to address discharges incidental to the normal operation of commercial vessels less than 79 feet in length. The draft permit specifies best management practices for several broad discharge management categories including fuel management, engine and oil control, solid and liquid maintenance, graywater management, fish hold effluent management and ballast water management. The permit would go into effect at the conclusion of a current moratorium enacted by Congress that exempts all incidental discharges from such vessels, with the exception of ballast water, from having to obtain a permit until December 18, 2013.

Both permits will be subject to a 75-day public comment period. EPA intends to issue the final permits in November 2012 to allow vessel owners and operators time to prepare for new permit requirements.

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Proposed Changes To Emission Standards For Boilers & Incinerators.

The U.S. Environmental Protection Agency (EPA) is proposing additional changes to Clean Air Act standards for boilers and certain incinerators. The proposed reconsideration would achieve significant reductions in toxic air pollutants, while increasing the rule’s flexibility and addressing compliance concerns raised by industry and labor groups. The changes also cut the cost of implementation by nearly 50% from the original 2010 proposed rule.

More than 99 % of boilers in the US are either operate cleanly enough that they are not covered by these standards or will only need to conduct maintenance and tune-ups to comply. The current proposed rules focus on the less than 1% of boilers that emit the majority of pollution from this sector. For these high emitting boilers, typically operating at refineries, chemical plants and other industrial facilities, EPA is proposing more targeted emissions limits and provide industry with practical, cost-effective options to meet the standards – informed by data from these stakeholders. These limits are based on currently available technologies that are in use by sources across the country.

Some of the key changes EPA is proposing include:

Boilers at large sources of air toxics emissions: The major source proposal covers approximately 14,000 boilers (less than 1% of all boilers in the United States) located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. EPA is proposing to create additional subcategories and revise emissions limits. EPA is also proposing to provide more flexible compliance options for meeting the particle pollution and carbon monoxide limits, replace numeric emissions limits with work practice standards for certain pollutants, allow more flexibility for units burning clean gases to qualify for work practice standards and reduce some monitoring requirements. EPA estimates that the cost of implementing these standards remains about $1.5 billion less than the April 2010 proposed standards.

Boilers located at small sources of air toxics emissions: The proposal also covers about 187,000 boilers located at small sources of air pollutants, including commercial buildings, universities, hospitals and hotels. However, due to how little these boilers emit, 98% of area source boilers would simply be required to perform maintenance and routine tune-ups to comply with these standards. Only 2% of area source boilers may need to take additional steps to comply with the rule. EPA is proposing to require initial compliance tune-ups after two years instead after the first year.

Solid waste incinerators and revisions to the list of non-hazardous secondary materials: There are 95 solid waste incinerators that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. EPA is proposing to adjust emissions limits for waste-burning cement kilns and for energy recovery units.


EPA is also proposing revisions to its final rule which identified the types of non-hazardous secondary materials that can be burned in boilers or solid waste incinerators. EPA has proposed revisions to clarify what types of secondary materials are considered non-waste fuels. The proposed revisions also classify a number of secondary materials as non-wastes when used as a fuel and allow for a boiler or solid waste operator to request that EPA identify specific materials as a non-waste fuel.

EPA is accepting public comment on the proposed standards for 60 days following publication in the Federal Register. EPA intends to finalize the reconsideration by spring 2012.

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Changes Proposed To Georgia Hazardous Waste Rules

The Georgia Environmental Protection Division (EPD) is proposing changes to State rules governing the management of hazardous wastes in Chapter 391-3-11. The proposed rule amendment is currently released for public comment. The public comment period ends on December 29, 2011.

Some of the key changes proposed are:

1. The Environmental Protection Division is proposing regulations to clarify notification requirements, specifically for hazardous waste transfer facilities and used oil facilities, and documentation and record keeping requirements for hazardous waste accumulation areas. Also clarifying that used oil containers and tanks must be kept closed except when adding or removing waste.


2. Amends the F019 listing to exempt the wastewater treatment sludge generated from zinc phosphating processes used in automobile assembly, provided the wastes are not placed outside on the land prior to shipment to a landfill for disposal and it is disposed in a landfill unit subject to certain liner requirements.


3. Establishes an alternative set of generator requirements applicable to eligible academic entities that are flexible and protective. It also addresses the specific nature of hazardous waste generation and accumulation in these laboratories. The rules are also amended for technical corrections to these requirements. EPD believes this change provides incentives for eligible academic entities to conduct laboratory clean outs of old, unneeded chemicals.


4. Termination of the National Environmental Performance Track Program. Former members of this program must now comply with the standard Resource Conservation and Recovery Act (RCRA) requirements for hazardous waste accumulation times and facility inspections.


5. Finalizes amendments to National Emission Standards for Hazardous Air Pollutants and Final Standards for Hazardous Air Pollutants for hazardous waste combustors.


6. Changes requirements for the management of used oil. New rules require that used oil tanks and containers be kept closed to prevent releases to the environment. Tanks and containers must be kept closed except when adding or removing used oil, or if tanks and containers are kept indoors or within secondary containment areas.
   
   
   

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Compliance With SPCC Rules For Farms Extended To May 2013

EPA has extended the date that agricultural facilities must come into compliance with the new Spill Prevention, Control, and Countermeasure (SPCC) rule to May 10, 2013. Agricultural facilities that began storing oil before August 16, 2002 must revise their SPCC plan to meet the 2002 changes by the May 2013 deadline.

EPA’s SPCC program was developed to prevent oil spills. Agricultural facilities can reduce the risk of oil discharged from their tanks by developing containment and response plans and taking basic precautions. The rule requires agricultural operators have an SPCC Plan if:

1. The facility stores more than 1,320 gallons of oil or fuel in above ground tanks and/or containers; and
2. A release of oil could reasonably be expected to discharge into waters of the U.S.

Oil includes on-road and off-road diesel; gasoline; lubrication oils; hydraulic oils; crop oil; adjuvant oils; oil sludge; synthetic oils; oil refuse; oil mixed with wastes other than dredged spoil; animal fats; vegetable oils; and fish oils.

Additionally, if the containers are located on separate parcels or a significant distance from each other, they may be considered separate facilities when calculating whether the threshold is met. For example:

• A farm has five greenhouses located adjacent to each other and each has a 300 gallon fuel oil Aboveground Storage Tank (AST). It would usually be considered one facility, and the volume of each AST would count toward the total aggregate volume of 1,500 gallons. It is an SPCC regulated facility because the aggregate volume exceeds 1,320 gallons.
• Another farm has five greenhouses with 500 gallon ASTs, three are located on one parcel and two on a second parcel. This configuration may be considered two facilities. The first facility has an aggregate volume of 1,500 gallons and would be SPCC regulated. The second facility has an aggregate volume of 1,000 gallons and would not be SPCC regulated.

There are several exemptions for agricultural operations. These include: milk and milk product containers, associated piping, and appurtenances; home heating oil tanks at single family homes; pesticide containers used to mix and load formulations; and pesticide application equipment.

The recent Rule changes also allow agricultural operations that store 10,000 gallons of oil or less and meet the Tier 1 or 2 qualified facility requirements to prepare and self-certify their SPCC Plan. Although anyone can use the templates, not all states allow self-certification For example, New Hampshire requires all SPCC Plans to be certified by a professional engineer.


FAQ: What types of facilities require a spill plan?


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Metal Fabrication & Finishing Notification of Compliance Status Report Due November 22

New Federal air regulations for nine metal fabrication and finishing source categories (40 CFR Part 63 Subpart XXXXXX, or “6X”) will take effect soon. All metal fabrication and finishing operations subject to the rules will need to submit formal notifications and be in compliance by November 22, 2011.

The NESHAP applies only to area sources where the primary activity of the facility is in one of the following nine source categories:

(1) Electrical and Electronic Equipment Finishing Operations (including motor and generator manufacture, and electrical machinery, equipment, and supplies, not elsewhere classified);
(2) Fabricated Metal Products;
(3) Fabricated Plate Work (Boiler Shops);
(4) Fabricated Structural Metal Manufacturing;
(5) Heating Equipment, except Electric;
(6) Industrial Machinery and Equipment Finishing Operations (including construction machinery manufacturing; oil and gas field machinery manufacturing; and pumps and pumping equipment manufacturing);
(7) Iron and Steel Forging;
(8) Primary Metal Products Manufacturing; and
(9) Valves and Pipe Fittings.

The regulation contains requirements for five specific processes, listed below. The requirements only apply when a process uses materials that contain compounds of cadmium, chromium, lead, manganese, and nickel. Low level use of these metals in the processes may be exempt.

• Dry Abrasive Blasting
• Dry Grinding and Dry Polishing with Machines
• Dry Machining
• Spray Painting
• Welding

The regulation requires periodic emissions monitoring for some operations. There also are notifications and reports that facilities must submit.
• Initial Notification – due by July 25, 2011
• Notification of Compliance Status report – due by November 22, 2011 and,
• Annual certification and compliance reports.

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Schedule For Action On State Regional Haze Plans

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans, designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. States are grouped within this timeframe.

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

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