Environmental News - Regulations, Engineering & Management
Appeals Court Vacates U.S. EPA’s Clean Air Interstate Rule
On July 11, the U.S. Court of Appeals for the District of Columbia Circuit overturned U.S. EPA’s Clean Air Interstate Rule (CAIR), which would have required major reductions in sulfur dioxide (SO2) and nitrogen oxides (NOx) from power plants in 28 Eastern states. CAIR, a cap and trade system similar to the acid rain program, was intended to reduce interstate transport of pollutants that contribute to nonattainment problems of ozone and fine particles. Most of the 28 affected states had adopted CAIR trading rules as part of their State Implementation Plans (SIPs), with NOx reductions scheduled to begin in 2009 and SO2 reductions starting in 2010 (with additional reductions beginning in 2015). Unless U.S. EPA successfully appeals the ruling, states will need to adopt new rules as part of their ozone and PM2.5 SIPs and will likely delay attainment of the ambient standards for these pollutants.
For more information, contact EQ’s Kent Berry at (800) 229-5299 or Jeff Slayback at (800) 229-7495.
Appeals Court Declines Request from States and Environmental Groups to Regulate Greenhouse Gas Emissions from Vehicles
On July 8, 2008, the U.S. Court of Appeals for the District of Columbia Circuit denied a request by several states and environmental groups to force the U.S. EPA to comply with a U.S. Supreme Court decision on the regulation of greenhouse gases from motor vehicles.
Seventeen states, two cities, and 13 environmental groups petitioned the Appeals Court in April to compel the U.S. EPA to make a formal determination within 60 days on whether greenhouse gas emissions from motor vehicles endanger the public health and welfare.
The petitioners argued that the Supreme Court's April 2007 decision in Massachusetts v EPA required the U.S. EPA to make such a determination.
A three-judge D.C. Circuit panel denied the request in a one-sentence order that did not give a reason for the denial.
EPA Proposes 1-Hour Ozone Attainment for Chicago
On July 7, 2008, U.S. EPA issued proposed findings that the Chicago-Gary-Lake County (Indiana) area has attained the former 1-hour NAAQS for ozone by its original compliance date of November 15, 2007. The Chicago-Gary-Lake County area had been designated as Severe-17 nonattainment in 1991 with the 1-hour ozone NAAQS. The 1-hour ozone NAAQS was replaced by the current 8-hour standard in 2004, and was formerly revoked on June 15, 2005. Because the area has attained the 1-hour ozone standard, even though it was revoked in 2005, IDEM and Illinois EPA will not be required by U.S. EPA to implement anti-backsliding contingency measures. It should be noted that the Chicago area remains in nonattainment with the effective 8-hour ozone NAAQS. The following counties are designated Moderate/Subpart 2 nonattainment: Indiana - Lake and Porter Counties, and Illinois - Cook, DuPage, Grundy (Aux Sable and Goose Lake Townships), Kane, Kendal (Oswego Township), Lake, McHenry, and Will Counties.
For more information, contact EQ’s Kent Berry at (800) 229-5299 or Jeff Slayback at (800) 229-7495.
Homeland Security Department Identifies 7,000 High-Risk Chemical Facilities
More than 7,000 chemical facilities have been preliminarily designated as high-risk targets for a terrorist attack, according to the Department of Homeland Security (DHS). As a result, these facilities are required to complete vulnerability assessments and draft security plans.
The potential high-risk group, identified from an initial evaluation of about 32,000 chemical facilities, was sent a notification letter from DHS the week of June 23.
DHS categorized each facility into one of four tiers based on their risk potential. Tier 1 is the highest risk level and Tier 4 is the lowest.
As set out in interim chemical security rules issued in 2007, those designated as Tier 1 must submit vulnerability assessments within 90 days, Tier 2 within 120 days, Tier 3 within 150 days, and Tier 4 within 180 days.
The results of the vulnerability assessments will ultimately determine the final tier rankings and will affect the types of security measures required at each facility.
Indiana Department of Environmental Management Turning Landfill Gases Into Energy
- EQ assisted a client with landfill gas project
Methane gas emissions from municipal solid waste landfills are usually seen as a nuisance to be reduced or contained, but Indiana is focused on reusing this waste byproduct as a fuel source.
The Indiana Department of Environmental Management (IDEM) has entered into a partnership with the U.S. EPA to encourage small landfill operators to reuse the gas instead of venting it to the atmosphere.
Two projects are already underway that use landfill gas for energy. In 2007, the Ohio Valley Creative, an artist’s group, constructed a center adjacent to the Clark-Floyd Landfill in Clarksville and is using methane from the landfill for half its energy needs.
Evansville-based Mead Johnson Nutritionals, a subsidiary of Bristol-Myers Squibb, is in the process of developing a plan to use landfill gas from nearby Laubscher Meadows Landfill to run its large-scale operations.
EQ was instrumental in helping Mead Johnson Nutritionals with the air permitting process for this project.
With the U.S. EPA agreement in place, IDEM’s next steps will be to assemble a task force composed of local, state, and business representatives who will help explore funding opportunities, develop permitting standards for landfill projects, identify potential landfill projects, create a state primer defining the state’s policies, and hold a statewide workshop.
Businesses, landfills and communities can obtain more information by contacting Travis Murphy of IDEM at (317) 232-8734, toll-free at (800) 451-6027, or by e-mail at tmurphy@idem.IN.gov.
Sacramento Residents Using Solar Energy
On July 15, 2008, the Sacramento Municipal Utility District (SMUD) unveiled the world’s largest solar electricity plant built to serve customers enrolled in a voluntary green pricing program. The 1.2 megawatt solar photovoltaic array, built by enXco, is one of the largest ground-mounted systems in the U.S. and includes 17,000 solar panels and 2,300 poles over 8.5 acres.
The system is expected to generate enough electricity to power about 600 homes. The project allows SMUD to offer long-term, fixed electric rates to its residential, low-income and business customers. Prices for residential customers are expected to range between $5 and $30 per month, based on the solar allocation a customer chooses.
New Website Provides Comprehensive Residential Energy Efficiency Rebates and Incentives by Zip Code
A new website is making it easier to be green. Visitors to www.greenmadesimple.com can enter their zip code and quickly find local residential incentives and rebates covering appliances, lighting, cars, home improvement and construction, energy audits, solar and other renewables, recycling and financing options. Additionally, users are able to create an account to keep track of their projects, incentives and other offers. The site offers three main resources:
Incentives: Each month, this section is updated from hundreds of sources to bring users the latest and most relevant incentives and rebates for making energy efficiency updates to their home. In addition, Green Made Simple also streamlines the process by providing application forms, terms and time limits in an easy-to-use format.
Marketplace: The site offers listings of green businesses, products and services that are available both locally and nationally. Similar to the Incentives section, visitors access these resources by entering their zip code and then filtering the information based on a search area, business name, or category.
Projects: This section features stories posted by people who have engaged in a residential energy-saving project. Examples range from changing light bulbs in Virginia to installing a green roof in Indiana. Visitors can use this area to share their stories, get ideas and rate other projects.
U.S. EPA Proposes Changes to NSPS for Portland Cement Plants
On June 16, 2008, EPA proposed major changes to the New Source Performance Standards (NSPS) for Portland cement plants. The existing standards only regulate particulate matter (PM), while the proposed NSPS changes would regulate PM, nitrogen oxides (NOx), and sulfur dioxide (SO2). Specifically, the new standards would significantly reduce the PM emission limits for new or modified kilns and clinker coolers commencing construction after June 16, 2008. In addition, new or modified cement kilns would be limited to 1.50 lb NOx per ton of clinker and 1.33 lb SO2 per ton of clinker, both on a 30-day rolling average. Bag leak detection systems (BLDS) or a continuous emission monitoring system (CEMS) would be required for PM and CEMS for SO2 and NOx. Kilns and coolers subject to the existing NSPS (constructed or modified after August 17, 1971) would be required to install a continuous opacity monitor, BLDS, or PM CEMS and to conduct a source test every 5 years.
For more information, see the Federal Register notice or contact EQ’s Kent Berry at (800) 229-5299.
U.S. EPA Revises Refinery NSPS But Does Not Regulate Greenhouse Gases
On June 24, 2008, U.S. EPA published final revisions to new source performance standards (NSPS) for new, modified, or reconstructed process units at petroleum refineries. Any facility constructed on or after June 24 is subject to the new rules, as are existing facilities that have undergone modification or reconstruction since May 14, 2007. Major changes include updated emission limits on particulate matter, carbon monoxide, sulfur oxide emissions, and a work practice standard to reduce emissions from delayed coking units and modified requirements to reduce emissions from flares. Nitrogen oxides, which were previously not regulated under the refinery NSPS, are now regulated from fluid catalytic cracking units, fluid coking units, and larger process heaters. These new standards are based on advances in air pollution control technologies and work practices since the original standards were promulgated. Despite comments submitted by several advocacy groups on the proposed revisions, U.S. EPA held that it was not obligated to regulate greenhouse gases under the revised standards because it says the Clean Air Act does not require the agency to review air pollutants not covered under previous versions of the standards. Commenters had claimed U.S. EPA was required to regulate greenhouse gases in light of the April 2, 2007 U.S. Supreme Court ruling.
For more information, see the Federal Register notice or contact EQ’s Jeff Slayback at (800) 229-7495 or EQ’s Kent Berry at (800) 229-5299.
NACAA Issue Model Permit Guidance for Boilers
On June 10, 2008, the National Association of Clean Air Agencies (NACAA) published a report that offers model permit recommendations to state and local air agencies for industrial, commercial, and institutional boilers. NACAA published its report, called “Reducing Hazardous Air Pollutants from Industrial Boilers: Model Permit Guidance,” in response to the June 2007 vacatur of the Boiler Maximum Achievable Control Technology (MACT) regulations and to assist agencies that are writing Hazardous Air Pollutant (HAP) emission control requirements into boiler permits under the MACT Hammer provisions provided under CAA Section 112(j).
NACAA’s recommendations, if adopted by state and local permitting authorities, could affect a larger number of boilers and are more stringent than emission standards required under the vacated Boiler MACT rules. For example, the vacated rules would have required a particulate matter emission rate of 0.07 lb/million Btu for large existing coal-fired units, while the NACAA recommends a particulate matter (PM) limit of 0.008 to 0.012 lb/million Btu. NACAA recommends PM standards for existing oil-fired boilers (0.015-0.025 lb/million Btu) while the Boiler MACT did not include standards for existing oil-fired units. Hydrogen chloride emission standards would also be lower – NACAA recommends 0.015 to 0.03 lb/million Btu for existing large coal-fired units and the Boiler MACT was 0.09 lb/million Btu.
While NACAA’s recommendations are not promulgated regulatory requirements, the information and data provided in their report is intended for state and local air agencies to possibly use in the absence of official guidance or rulemaking from U.S. EPA. Their recommendations, while not promulgated as rule, give the industrial boiler community a sense of the downward trend in emission standards hoped for by the state and local agencies. A copy of the NACAA final report can be obtained at http://www.4cleanair.org/Documents/RHAP.pdf.
For more information, please contact EQ’s Jeff Slayback at (800) 229-7495
or EQ’s Kent Berry at (800) 229-5299.
Annual Actual Emissions Standard Test for New Source Review Reinstated by U.S. EPA
The U.S. EPA has backed away from a new source review test for power plants established in 2005 and has resumed use of the annual actual emissions by a plant rather than the hourly potential emissions in determining whether to pursue enforcement cases.
In the 2005 memo, U.S. EPA Deputy Administrator Marcus Peacock instructed the Office of Enforcement and Compliance Assurance to use the hourly emissions test to prioritize enforcement cases, bringing it in line with testing used in new source performance standards reviews.
The Peacock memo expired at the end of fiscal year 2007, and U.S. EPA has returned to using the annual emissions test as its only standard.
Final New Source Review (NSR) Rules for PM2.5
On March 16, 2008, the U.S. Environmental Protection Agency (EPA) published final rules for States to follow in developing State Implementation Plans (SIPs) to implement the National Ambient Air Quality Standards (NAAQS) for fine particles (PM2.5). One of the elements of the PM2.5 SIPs involves requirements for major new or modified sources in both nonattainment (NA) areas and attainment/unclassified areas [i.e., Prevention of Significant Deterioration (PSD) areas].
This Fact Sheet is intended to assist sources that may be affected by the rules to understand the significant new impacts (compared to the existing requirements for major PM or PM10 sources) and to plan for implementation of the new rules. The Fact Sheet can be read here.
Kids-Safe Chemicals Act Introduced by Democrats in Senate and House
On May 20, 2008, legislation that would require chemical manufacturers to demonstrate the safety of their chemicals and would outlaw the sale in the United States of any compound that lacks a minimum set of data was introduced in the House and Senate as the Kids-Safe Chemicals Act.
Sen. Frank R. Lautenberg (D-NJ) sponsored the Senate bill, and Reps. Hilda L. Solis (D-Calif.) and Henry Waxman (D-Calif.) co-sponsored the House bill.
The minimum data required to have access to the U.S. market would include information about whether a chemical has the potential to persist or bioaccumulate in human bodies or nonhuman organisms; whether it would irritate the skin; whether it would persist in the environment; whether it would harm reproduction or development; and whether it would degrade into other chemicals that would cause harm.
Information would be required about how the chemical is produced, processed, and used, along with an estimate of the number of workers who could be exposed to the substance. A description of the commercial and consumer uses of the chemical also would be required.
Within 18 months of the law entering force, the U.S. EPA administrator would be required to publish a list of at least 300 chemicals that would be assessed for their safety. At least 200 chemicals would be added to that list annually with the goal of U.S. EPA systematically reviewing information about all chemicals on the market within 15 years of the bill becoming law.
North Carolina Residents May Soon Offset Carbon Emission on Utility Bills
Residents of North Carolina may soon have a chance to play a role in global climate change by paying an extra voluntary fee on their utility bill to offset carbon emissions.
NC GreenPower, a statewide program that allows utility customers to purchase some of their power from renewable energy sources, proposes to implement a program of carbon offsets to help mitigate carbon dioxide emissions from a power plant with a carbon-reducing project somewhere else. Such carbon-offset projects could, for example, include methane capture-equipment being put into use at a landfill or reforestation projects, according to NC GreenPower spokeswoman Vicky McCann.
The nonprofit NC GreenPower this month filed its carbon-offset proposal with state regulators. NC GreenPower hopes to have the option available by fall. Customers would have the option of purchasing blocks of carbon, with a block being equal to 500 pounds of carbon offset, for $4 per block.
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
California Unveils Draft Scoping Plan for Reducing Greenhouse Gas Emissions
On June 26, 2008, the State of California unveiled an initial “draft scoping plan” for reducing greenhouse gas (GHG) emissions to 1990 levels by 2020 (as required by Assembly Bill 32 passed in September 2006). The draft plan includes regulation of stationary and mobile sources; market mechanisms, such as a cap and trade system; and institutional actions such as zoning, car pool lanes, mass transit, etc. The reduction needed is 30% below where emissions would otherwise be in 2020 without further controls and 10% below today’s emissions. The State’s energy providers will be required to provide energy from renewable sources for 33% of energy use in 2020, up from a current legal mandate of 20%. The main feature of the new plan is a regional cap and trade system with a declining cap. Participating governments would include three Canadian provinces (British Columbia, Manitoba, and Quebec) and seven western U.S. states (Arizona, California, Montana, New Mexico, Oregon, Utah, and Washington). A carbon tax is not currently planned, but one could be imposed if existing measures and the cap and trade system fall short.
Three public workshops to solicit public comment on the initial draft will be held throughout California in July. Economic modeling to assess the economic impacts of various alternatives and to assist in selecting alternatives has begun, but will not be completed until later this summer. A “Final Draft Scoping Plan” is expected to be issued in October and considered for adoption by the California Air Resources Board in November in order to meet a statutory requirement to have the plan completed by January 1, 2009. Implementing regulations would be passed thereafter.
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
Ohio to Fund “Clean Ohio Revitalization Fund” Through Early 2009
The Clean Ohio Council recently approved two additional rounds of grant funding to clean up brownfields in the State of Ohio. The monies are administered through the Clean Ohio Revitalization Fund (CORF), which is a statewide program that encourages private parties to partner with communities and compete for grants of up to $3 million to clean up contaminated properties.
Applications are due August 25, 2008 for round five funding; projects will be awarded in mid-
December. Round six applications will be due in early January 2009, with projects awarded in May
2009. Parties that are not successful in round five will be able to seek funding in round six.
CORF now has two funding tracks: the “known end user” track, which awards grant monies for
demolition, remediation, infrastructure and site acquisition, and a “redevelopment ready” track,
which provides grant monies for site demolition and remediation only.
For more information about CORF, please visit the CORF website or contact the state’s Urban Development office at (614) 995-2292.
Home Depot Announces Free Recycling of Fluorescent Bulbs at All Stores
The Home Depot announced on June 24 that it will recycle energy-efficient, compact fluorescent bulbs (CFLs) for free at all of its nearly 2,000 stores across the U.S.
CFLs use up to 75% less energy and last 10 times longer than traditional incandescent light bulbs. However, proper disposal of the bulbs is important because they contain small amounts of mercury (less than 5 milligrams apiece). No mercury is released when CFL bulbs are in use and intact.
According to the Pennsylvania Department of Environmental Protection (DEP), if every household in Pennsylvania replaced an incandescent bulb with an ENERGY STAR-qualified CFL, a combined total of 248 million kilowatt-hours of electricity would be saved per year. Household electric bills would be reduced by $25.5 million annually.
Environmental Groups Challenge U.S. EPA New National Ozone Standards
On May 27, 2008, two months after the U.S. EPA published its newly revised national ozone standards, five environmental and health-related organizations filed a lawsuit challenging them in the U.S. Court of Appeals, District of Columbia circuit.
The American Lung Association, Natural Resources Defense Council, Environmental Defense Fund, the National Parks Conservation Association, and the Appalachian Mountain Club take issue with the fact that U.S. EPA did not adopt the more stringent ground-level ozone standards proposed by its own scientists.
The new primary and secondary 8-hour ozone standards are now 0.075 parts per million (ppm), which replaces the existing standard of 0.08 ppm set in 1997. These new standards are not as stringent as recommended by U.S. EPA’s Clean Air Scientific Advisory Committee, which had unanimously recommended a standard of between 0.060 and 0.070 ppm in 2007.
ATSDR Publishes Draft Report on Chemical Releases into the Great Lakes
On May 2, 2008, the Agency for Toxic Substances Disease Registry (ATSDR), an arm of the Department of Health and Human Services, published notice of the availability of a draft report on chemical releases from areas of concern into the Great Lakes. The report was requested by the International Joint Commission, which is the binational organization that works to implement the Great Lakes Water Quality Agreement between the U.S. and Canada.
This report summarizes previously published public health assessments and chemical release data for 26 “areas of concern” along Great Lake stream, rivers, and lakes located in or across 54 counties. The report does not make associations between health outcomes and chemical exposures. The compilation of environmental data, gathered by ATSDR and the U.S. EPA, is intended to help decision-makers set future priorities. Comments must be received by June 30, 2008.
For more information, see the Federal Register notice.
U.S. EPA Finalizes Amendment to the F019 Hazardous Waste Listing
The U.S. EPA is amending the F019 hazardous waste listing to facilitate the use of aluminum in automobiles, light trucks and utility vehicles. This action will encourage motor vehicle manufacturers to use more aluminum parts, producing vehicles that are lighter. Lighter vehicles are capable of increased gas mileage and decreased exhaust air emissions, including greenhouse gas emissions.
F019 is one of the U.S. EPA's F-code RCRA hazardous waste listings, which include waste that is generated from common industrial and manufacturing processes. The amendment excludes F019 waste generated in the auto manufacturing industry from hazardous waste regulation, provided the waste is not placed outside on the land prior to shipment to a landfill for disposal and is disposed of at an appropriately lined landfill. U.S. EPA has determined that these changes to the F019 listing are protective of human health and the environment. The final rule should be published in the Federal Register in about two weeks.
U.S. Appeals Court
Denies Petition to Rehear Case on U.S. EPA Mercury Emissions Standards
On May 20, 2008, the U.S. Appeals Court for the District of Columbia circuit denied requests by the U.S. EPA and an industry trade group to reconsider a decision that vacated the U.S. EPA’s Clean Air Mercury Rule (CAMR), a cap and trade system for mercury emissions issued in 2005.
The new ruling, made on February 8, mandates U.S. EPA to issue mercury emissions standards that apply uniformly to all coal-fired power plants. It also requires state air regulators to begin immediately regulating mercury from power plants on a case-by-case basis.
The mercury limits would be based on maximum achievable control technology (MACT). According to the plaintiffs in the February 8 ruling, this could result in a 90 percent reduction of emissions within three years of the issuance of the National Emissions Standards for Hazardous Air Pollutants (NESHAP). CAMR was expected to reduce mercury emissions by about 70 percent over the next 20 years.
For more information, see the decision or contact EQ’s Sheri Bussard at (800) 229-7495.
Indiana Department of Environmental Management
Offering Pollution Prevention Grants
Indiana businesses, schools or municipalities can apply for a Pollution Prevention (P2) grant through the Indiana Department of Environmental Management (IDEM) through August 29, 2008.
P2 grants are intended to help organizations develop and implement pollution prevention activities and processes. Some past recipients have begun using water-based paint instead of more toxic paint, and installed machines to reduce the amount of waste produced during a process.
Matching grant funds of up to $250,000 are available. Grants require a 50 percent match but there are exceptions; women and minority business enterprises, small businesses, Indiana Environmental Stewardship Program members and Indiana CLEAN Community Challenge participants may qualify for reduced matching funds.
Applications and additional information is available by visiting the website or calling (800) 988-
U.S. EPA Proposes to Tighten Airborne Lead Standards
On May 1, 2008, the U.S. EPA announced a proposal to substantially tighten its airborne lead standards for the first time in 30 years, and plans to have its new primary standard in place by September 15, 2008. The agency is considering a revised standard of 0.10 to 0.30 micrograms of lead per cubic meter of air, maximum quarterly average, and is seeking comment on this and alternative levels within a range of less than 0.10, and up to 0.50 µg per cubic meter of air. Even the high-end figures would be a significant decrease from the existing standard of 1.5 µg per cubic meter of air. The government also is proposing increased monitoring near major sources, and near population centers of one million residents or more.
The comment period for the proposed rule ends 60 days from publication of the proposal in the Federal Register. The rule will be published in the Federal Register soon.
U.S. EPA figures suggest 16,000 (mostly small) sources currently emit a total of 1,300 tons of lead per year. However, this total is only 10 percent of levels prior to 1980. For more information, contact EQ’s Tom Robertson at (800) 229-5299.
U.S. Department of Transportation Proposes New Fuel Efficiency Standards
On April 22, 2008, the U.S. Department of Transportation proposed new Corporate Average Fuel Economy (CAFE) standards for both passenger vehicles and light trucks. The standards increase the manufacturer’s fleet average miles per gallon by 4.5 percent per year over the five-year period ending in 2015. The proposal is a 25% improvement over exceeding standards and it exceeds the 3.3% baseline standard established by Congress last year. For passenger cars, the proposal would increase fuel economy from the current 27.5 miles per gallon to 35.7 miles per gallon by 2015. For light trucks, the proposal calls for increases from 23.5 miles per gallon in 2010 to 28.6 miles per gallon in 2015. The proposal if adopted in final form will save nearly 55 billion gallons of fuel and reduce carbon dioxide emissions by approximately 521 million metric tons. Carbon dioxide (CO2) emitted from the tailpipes of motor vehicles is the natural by-product of the combustion of fuel.
The comment period for the proposed rules closes June 25, 2008. The rule will be published in the Federal Register soon. For more information, contact EQ’s Tom Robertson at (800) 229-5299.
U.S. EPA Proposes NSPS Changes
On April 22, 2008, the U.S. EPA proposed changes to the New Source Performance Standards (NSPS) for Nonmetallic Minerals Processing Plants (40 CFR Part 60, Subpart OOO). On April 28, 2008, EPA also proposed changes to the NSPS for Coal Preparation Plants (Subpart Y). The only regulated pollutant from both types of plants is particulate matter. Subpart OOO affects numerous types of plants that crush and process 18 listed nonmetallic minerals, including limestone, sand, gravel, and clay. The changes reduce the grain loading stack emission limit and the opacity standards. Opacity standards for crushers and fugitive sources (conveyors, storage bins, etc.) are also being reduced. Repeat performance testing would be required for facilities that do not have ongoing monitoring requirements.
Subpart Y applies to facilities that dry and process more than 200 tons per day of coal. Sources affected include coal mines, power plants, cement plants, and coke manufacturing. As with Subpart OOO, the proposed changes would lower stack grain loading limits, reduce opacity limits, and add continuing testing, monitoring, and recordkeeping requirements. The changes for both NSPS apply to new or modified affected facilities commencing construction after the proposal dates noted above.
For more information, see the Federal Register notices or contact EQ’s Kent Berry at 800-229-5299 or Jeff Slayback at 800-229-7495.
Bill to Force OSHA Dust Rule Passes Committee, Heads to Full House Vote
On April 9, 2008, the House Education and Labor Committee passed legislation that would force the Occupational Safety and Health Administration (OSHA) to issue a rule regulating combustible industrial dusts.
The proposed Combustible Dust Explosion and Fire Prevention Act (H.R. 5522) would require OSHA to issue an interim rule within 90 days to regulate combustible industrial dusts, such as sugar dust, that can build up to hazardous levels in workplaces and explode. The agency would have 18 months to issue a final rule (38 OSHR 218, 3/20/08).
The legislation was introduced in the U.S. House of Representatives in March in response to the February 7 Imperial Sugar Co. refinery explosion in Georgia where 12 workers died and several more were hospitalized.
In November 2006, the U.S. Chemical Safety and Hazard Investigation Board issued a report on combustible dust incidents recommending that OSHA issue a combustible dust standard for general industry. Instead of issuing a standard, however, the agency created a national emphasis program for dust in October 2007.
U.S. EPA Lowers National Ozone Standards
On March 27, 2008, U.S. EPA published final revisions to the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. The new primary and secondary 8-hour ozone standards are now 0.075 parts per million (ppm), which replaces the existing standard of 0.08 ppm set in 1997. These new standards are not as stringent as recommended by U.S. EPA’s Clean Air Scientific Advisory Committee, which has resulted in criticism on some fronts. This group unanimously recommended a standard of between .060 and .070 ppm in 2007.
The revised standards will set off a number of U.S. EPA and state requirements and actions – first and foremost, the revised standards will affect the designation of areas as attainment or nonattainment. The U.S. EPA has published a list of 345 U.S. counties that, based on 2004-2006 data, would violate the new standards. This is roughly three times as many counties as violate the current standards (based on the same years). Final nonattainment designations will be based on 2006-2008 or later data, which should improve the projected number nonattainment areas.
States have until June 2009 to make area attainment/nonattainment designation recommendations to U.S. EPA, and U.S. EPA has until June 2010 to issue final area designations. Nonattainment areas will be subject to more stringent New Source Review requirements for major new or modified sources of ozone precursors (e.g., emission offsets). States will be asked to submit, no earlier than 2013, State Implementation Plans (SIPs) describing the control measures needed to attain the new standards. U.S. EPA will publish separate rules that outline the SIP submittal deadline, as well as deadlines for areas to come into compliance with the new standards, based on the severity of the nonattainment.
For more information, see the Federal Register notice or contact EQ’s Kent Berry at 800-229-5299 or Jeff Slayback at 800-229-7495.
California: June 2008 Deadline for Determining How to Reduce Greenhouse Gas Emissions to 1990 Levels by 2020
By the end of June 2008, the State of California must prepare a "draft scoping plan" indicating how it proposes to reduce its greenhouse gas (GHG) emissions to 1990 levels by 2020 (as required by Assembly Bill 32 passed in September 2006). The State has identified the total in-state emissions in 1990 and has identified the current quantities of GHG by sector. Expressed in metric tons/year of CO2 equivalents, the transportation sector accounts for 38% of emissions, electrical power generation is 25%, industry is 20%, and agriculture and forestry combined is less than 7%. The draft scoping plan will propose how the state will regulate and/or provide incentives for each sector, including direct regulations, alternative compliance mechanisms (such as car pool lanes, mass transit, etc.), monetary and non-monetary incentives, voluntary actions, and market-based mechanisms such as a cap-and-trade system. The final scoping plan will be submitted to the California Air Resources Board in November 2008.
Assembly Bill 32 also required the State to identify "discrete early action" measures by June 30, 2007, which could be adopted and enforced by 2010 for easy, early measures to reduce GHGs. Such measures include: setting a standard for low carbon fuels; landfill methane capture; restrictions on high global warming potential (GWP) refrigerants; perfluorocarbon (PFC) reduction from semiconductor manufacturing; sulfur hexafluoride (SF6) reductions in the non-electric sector; reduction of high GWP GHGs in consumer products; aerodynamic efficiencies in truck design; and mandatory checks of tire inflation at auto service shops. The State is now in the process of developing enforceable regulations.
For more information, contact EQ’s Tom Robertson at 800-229-5299.
Ohio EPA Issues New RCRA Closure Plan Review Guidance
On March 3, 2008, Ohio EPA’s Division of Hazardous Waste Management (DHWM) issued a revised version of the Closure Plan Review Guidance (CPRG) for RCRA Facilities. The CPRG indicates how Ohio EPA generally expects to exercise its discretion in implementing the hazardous waste closure program. It is primarily used to assist technical staff with their evaluation of closure plans for hazardous waste management facilities. Facility owners and/or operators may also find it helpful in preparing closure plans for DHWM review.
The major revisions to the document include the following: information in Chapter 1 which reflects internal administrative changes (this will not change how closure plans should be submitted); additional information in Chapter 3 concerning decontamination efforts, confirmation sampling, composite vs. discrete sampling, and use of historical data; and removal of certain appendices containing historical documents or documents that DHWM is not revising and can be found on-line.
For more information, visit the Ohio EPA website or contact EQ’s Judy Stroeh at 800-229-7495.
Ohio EPA Prohibits Lead Acid Batteries in All Landfills
On April 25, 2008, a new Ohio law will become effective that prohibits the disposal of lead acid batteries in solid or hazardous waste landfills. The law is intended to ensure that all spent lead acid batteries are recycled in Ohio. The law also requires wholesalers and retailers of lead acid batteries to take old batteries for recycling when new batteries are purchased. Batteries that are covered by the law include batteries used in vehicles, motorcycles, wheelchairs, boats, or other forms of motive power. The law exempts batteries used in consumer products such as computers, electronic games, telephones, radios, and similar electronics.
For more information, visit the Ohio EPA website or contact EQ’s Judy Stroeh at 800-229-7495.
New Chinese Law Will Hold Companies, Officials Financially Liable for Water Pollution
On February 28, 2008, China's national legislature passed a major new law that holds companies and company officials financially liable for water pollution and toxic spills. The new law shifts economic liability for actual damage and cleanup costs to corporate polluters for the first time.
Companies will now be held liable for 30% of any direct economic losses caused by industrial pollution in “serious” cases, and for 20% of damages in “medium” cases of water pollution, according to a notice posted by the Ministry of Water Resources.
In the past, company officials faced only administrative penalties largely unrelated to the severity of the pollution caused by their companies. Industrial polluters were typically fined with little bearing to the size of the damage or cost of cleanup required.
Industrial pollution in China affects many of the country's waterways and lakes and much of its coastline, according to a February 2007 World Bank report, Cost of Pollution in China: Economic Estimates of Physical Damages.
Clean Air Mercury Rule Vacated
On February 8, 2008, the U.S. Court of Appeals for the District of Columbia Circuit ruled that U.S. EPA is required to regulate mercury emissions from all coal-fired electric utility steam generating units (EGUs). This decision vacates EPA’s Clean Air Mercury Rule (CAMR), a cap and trade system for mercury emissions issued in 2005. The new ruling states that EPA must establish National Emissions Standards for Hazardous Air Pollutants (NESHAP) for power plants. These limits would be based on maximum achievable control technology (MACT). According to the plaintiffs in the February 8 ruling, this could result in a 90 percent reduction of emissions within three years of the issuance of the NESHAP. CAMR was expected to reduce mercury emissions by about 70 percent over the next 20 years. In 2000, power plants were added to the list of sources to be covered under the NESHAP Program, but they were controversially removed from that list in 2005 with the finalization of CAMR. For more information, see the decision or contact EQ’s Sheri Bussard at (800) 229-7495.