Environmental News - Regulations, Engineering & Management
USEPA Proposes CO2 Emission Limits for New Power Plants
On March 27, 2012, the U.S. Environmental Protection Agency (EPA) announced the proposal of New Source Performance Standards (NSPS) for CO2 from new fossil-fuel-fired electric utility generating units (EGUs) larger than 25 megawatts (MW). The proposed output- based standard of 1000 lbs of CO2 per MW-hour does not apply to existing or modified units or to new permitted units that begin construction within 12 months of the proposal. New natural gas combined cycle (NGCC) units can meet the proposed limit without controls, but any new coal, oil, or petroleum coke fired units would have to utilize costly and unproven carbon capture and storage (CCS) systems. Because almost all new generating capacity through 2020 is expected to be NGCC, EPA estimates that the proposal would have little impact on electricity prices or reliability. The rule prevents the possible construction of uncontrolled high-emitting new sources in a potentially changing energy market.
The proposal will be published shortly in the Federal Register and public hearings will be announced soon. For more information, refer to www.epa.gov/carbonpollutionstandard or contact EQ’s Kent Berry or call 1-800-229-5299.
USEPA Planning Revisions to UST Regulations
The U.S. Environmental Protection Agency (EPA) is proposing revisions to strengthen the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment. These revisions will help improve prevention and detection of UST releases, which are one of the leading sources of groundwater contamination. The revisions will also help ensure all USTs in the United States, including those in Indian country, meet the same minimum standards. This is the first time EPA is proposing significant revisions to the federal UST regulations since they were first promulgated in 1988.
The public comment period, in response to the proposed revisions, has been extended to April 16, 2012.
For additional information, contact EQ's Tom Wey or call 1-800-229-7495.
USEPA Proposes Minor Changes to GHG Tailoring Rule
On March 8, 2012, the U.S. Environmental Protection Agency (EPA) proposed minor changes to its rules for permitting sources of Greenhouse Gases (GHGs) under the prevention of significant deterioration (PSD) and Title V permitting programs. These rules, known as the GHG Tailoring Rules, were promulgated on June 3, 2010 (see June 2010 EQ newsletter ). On March 8, EPA proposed several approaches to streamline the GHG permitting process (which would likely have little practical effect in most areas of the country). The more significant aspect of EPA’s March 8 proposal was their announcement that EPA did not intend to lower the emission thresholds for triggering GHG permitting requirements. Under the PSD program, new sources with CO2e emissions of 100, 000 tons or more per year are subject to PSD review, primarily the requirement to conduct a Best Available Control Technology (BACT) analysis for GHGs. PSD sources that are modified to increase CO2e emissions by 75,000 tons per year or more are also subject to PSD review. New and existing sources with GHG emissions above 100,000 tpy must also obtain a Title V operating permit.
For further information, contact EQ’s Kent Berry or call 1-800-229-5299.
USEPA Develops Vapor Intrusion Screening Level Calculator
The Office of Superfund Remediation and Technology Innovation (OSRTI) developed a spreadsheet tool (the Vapor Intrusion Screening Level (VISL) Calculator (XLSX) (436K) and VISL Users Guide (PDF) that: (1) lists chemicals considered to be volatile and sufficiently toxic through the inhalation pathway; and (2) provides VISLs for groundwater, soil gas and indoor air, which are generally recommended media-specific risk-based screening-level concentrations. The primary purpose of the VISL calculator is to assist Superfund site managers and risk assessors in determining, based on an initial comparison of site data against the VISLs, whether chemicals found in groundwater or soil gas can pose a significant risk through vapor intrusion and, if so, whether a site-specific vapor intrusion investigation is warranted. Other Agency cleanup programs may also find it helpful to consider the VISLs for their own specific needs.
For additional information, visit: http://www.epa.gov/oswer/vaporintrusion/guidance., or contact EQ’s Tom Robertson or call 1-800-229-5299.
NPMG Establishes How USEPA Will Address Violators and Pollution Problems
The National Enforcement Program Managers Guidance (NPMG) for fiscal year (FY) 2013 describes how the U.S. Environmental Protection Agency (EPA) will work with state and tribal governments to enforce environmental laws that protect and improve the quality of the Nation‘s environment and public health. The majority of the work in the FY 2013 NPMG is accomplished by establishing how EPA will address violators and pollution problems through vigorous and targeted civil and criminal enforcement. The FY 2013 draft national program manager guidance is available at http://www.epa.gov/planandbudget/annualplan/FY13_OECA_DraftNPMGdnce.pdf.
The priority programs for emphasis include:
- Taking Action on Climate Change by assuring compliance with the greenhouse gases reporting rule.
- Improving Air Quality by targeting large pollution sources, especially in the utility, acid, cement, glass, and natural gas exploration and production industries, and by taking aggressive action to bring them into compliance, which may include installing controls that will benefit communities and improve emission monitoring.
- Ensuring the Safety of Chemicals by taking enforcement action when violations of standards for high-concern chemicals are found.
- Cleaning Up Communities by ensuring that the polluter pays whenever possible and by using enforcement to spur cleanup at RCRA corrective action sites where the cleanup progress is stalled.
- Protecting America‘s Waters by focusing on enforcement actions on overflows of raw sewage and uncontrolled storm water discharges, as well as discharges of animal manure from concentrated animal feeding operations.
- Establishing Next Generation Compliance by promoting electronic monitoring and reporting to improve targeting and transparency and advancing new monitoring technologies to identify violations impacting public health and harming the environment. For consent decrees that include a requirement to conduct a performance test(s), Regions should seek having electronic copies of required performance test reports submitted to the Agency through the Electronic Reporting Tool (ERT) when feasible.
- Reducing Pollution from Mineral Processing Operations by continuing its enforcement initiative to bring these facilities into compliance with multi-media requirements.
- Reducing Pollution from Coke Manufacturing Operations by continuing its enforcement initiative to bring these facilities into compliance with multi-media requirements.
- Targeting existing chemical reporting and record keeping requirements under TSCA and the Chemical Data Reporting Rule.
For additional information, contact EQ’s Tom Robertson or call 1-800-229-5299.
Ohio EPA to Review Storm Water Discharge Rule OAC 3745 -39-04 Ohio EPA NPDES Requirements for Industries & Large & Medium MS4s
As part of the Early Stakeholders Outreach program developed by Governor Kasich in 2011, Ohio EPA (OEPA) is seeking comments from stakeholders concerning the Ohio Storm Water rule. OEPA is reviewing this rule as part of the 5-year rule review requirements in Ohio Revised Code 119.032. The following categories of storm water dischargers are regulated under this rule:
storm water dischargers authorized by an NPDES permit prior to February 4, 1987; storm water dischargers associated with industrial activity; construction sites disturbing more than 1 acre; large MS4 dischargers; medium MS4s; and storm water dischargers required to obtain an NPDES by the director.
This 5-year review is the opportunity for the agency and stakeholders to determine if changes to the rule are needed. The result of the rule review may be no changes, minor changes for typographic errors, or major changes to the rule to make it more effective. At this time, OEPA is planning only minor revisions to the rule, including an update of references and editorial revisions to address the Legislative Service Commission’s rule drafting manual. For example, the agency suggests considering the following questions to determine if you should comment on the rule at this time:
- Does this rule impact your business?
- Does this rule have an adverse impact on your business? If so, identify the nature of the adverse impact (e.g., license fees, fines, employer time for compliance).
- Is there an alternative rule (or specific provisions within the rule) that the Agency should consider?
- What are the benefits of the rule?
Comments on this rule must be received by OEPA no later than 5:00 p.m. on February 17, 2012.
For more information and copies of the fact sheet concerning this rule review and the current rule, please visit the OEPA Division of Surface Water website at www.epa.ohio.gov/dsw/Home.aspx or contact EQ’s Mike Arozarena or Ken Hardesty at 1-800-229-7495.
Court Stays USEPA Delay of Effective Date of MACT and CISWI Standards for Boilers and Incinerators
On May 18, 2011, the United States Environmental Protection Agency (EPA) published a notice in the Federal Register delaying the effective date of final rules for Industrial, Commercial, and Institutional Boilers and Process Heaters at major sources of hazardous air pollutants (known as the boiler MACT major source rule). The area source rules were not affected. Also delayed were final rules for Commercial and Industrial Solid Waste Incinerators (CISWI). Both rules were published on March 21, 2011 (see April 2011 EQ newsletter). The effective date was delayed until EPA completes its reconsideration of the rules that were proposed on December 23, 2011 (see January 2012 EQ newsletter).
EPA’s delay of the effective date was challenged in court and on January 9, 2012 U.S. District Court for the District of Columbia issued an order vacating EPA's decision to stay the standards for boilers and incinerators (Sierra Club v. Jackson, D.D.C., No. 11-1278, 1/9/12; 6 DEN A-5, 1/11/12).. As a result, the March 21, 2011 rules became effective immediately. However, the only near-term requirement on sources would have been the notification requirements. EPA says it will not enforce the administrative notification requirements that were outlined in the March 21, 2011 rules. According to a January 18, 2012 letter Administrator Lisa Jackson wrote to Senator Ron Wyden (D-Ore.), EPA soon will send new and existing sources a “no action assurance letter.”
The proposed reconsideration (December 23, 2011 FR) is still active, and if passed as it is currently written, the compliance date would be 3 years after promulgation or approximately June 2015.For more information, contact EQ’s Dawn Miller, Tom Robertson or Kent Berry.
Ohio EPA Proposes Amendment for Stationary Sources Emitting GHGs
The Ohio EPA has proposed to amend regulations under OAC 3745-31-34 and -77-11 regarding permits for major stationary sources emitting greenhouse gases. The rule establishes an exemption for facilities that use biomass as a fuel in their processes to be consistent with the federal greenhouse gas tailoring rule. The proposal will be submitted to the USEPA as a revision to the state implementation plan. A hearing is scheduled for February 8, 2012, in Columbus, Ohio. Contact EQ’s Tom Robertson for more information.
Ohio EPA Proposes Amendment Regarding Cessation of Regulated Operations
The Ohio EPA proposed to amend regulations under OAC 3745-352-01, -05, -10, -20, -25, and -30 regarding cessation of operations at facilities where regulated substances were used, stored, or treated. The rule updates the incorporation by reference of federal standards, clarifies provisions regarding applicability of the Cessation of Regulated Operations program to facilities, and makes editorial corrections. A hearing is scheduled for February 7, 2012, in Columbus, Ohio.
Contact EQ’s Tom Robertson for more information.
Chairman of the House Energy and Commerce Committee Asks for Postponement of Mandate Under the Chemical Data Reporting Rule
On January 13, 2012, the chairman of the House Energy and Commerce Committee asked the United States Environmental Protection Agency (EPA) to postpone by 4 months a deadline for chemical producers and other manufacturers to submit information mandated under the chemical data reporting rule, saying it is confusing and industry needs more time to digest the changes. In a letter to EPA Administrator Lisa Jackson, Committee Chairman Fred Upton (R-Mich.) and Rep. John Shimkus (R-Ill.), chairman of the Energy and Commerce Subcommittee on Environment and the Economy, asked the agency to move the reporting window from February 1 – June 1 to June 1 - September 1, stating that the regulation's requirements are particularly confusing for companies that make chemicals as byproducts of other activities.
EPA revised the rule, formerly called the inventory update reporting rule, in August 2011. It expanded the requirements for reporting data on production volume, use, and exposure for many chemicals widely used in commerce, and makes electronic reporting mandatory. EPA updated sections of its chemical data reporting rule website on January 12 and 13 and again on January 19, 2012.
Information on subject chemical substances must be reported during the 2012 CDR submission period, February 1, 2012 to June 30, 2012. This is the first time EPA is requiring all companies to report CDR data electronically using the e-CDR web tool. Manufacturers (including importers) are required to report full manufacturing data for calendar year 2011 and production volume only for calendar year 2010 for all reportable chemical substances when 2011 site-specific production volume equals or exceeds 25,000 lb. Manufacturers (including importers) are required to report processing and use data for calendar year 2011, for all reportable chemical substances, when 2011 site-specific production volume equals or exceeds 100,000 lb. Upfront substantiation of confidentiality claims for site identity or chemical identity as well as for processing and use information is required. Beginning with the reporting for the 2012 CDR, inorganic chemical substances are no longer exempt from the reporting of processing and use information.
Contact EQ’s Tom Robertson for more information.
Ohio Department of Commerce Proposes UST Amendment
The Ohio Department of Commerce, Division of State Fire Marshal, has proposed to amend regulations under OAC 1301:7-9-01 through -17 (nonconsecutive) regarding underground storage tanks (USTs). The rule revises definitions, updates references, revises the list of hazardous substances to conform to federal standards, and adds a $5 late fee per UST for registrants who do not meet the annual registration deadline. The rule also clarifies the duties of UST installers; allows more time for installers to renew their licenses; revises training requirements; clarifies UST out-of-service requirements; allows deferral of closure sampling under specified conditions; and updates reporting requirements, procedures for determining whether groundwater is considered drinking water, and requirements for tightness testing and free-product recovery.
In addition, the rule removes language that describes an application process for the Bureau of Underground Storage Tanks to accept and review certain sites that are eligible for brownfields funding. Finally, the rule clarifies the duties of UST inspectors, assesses a background check fee for inspectors, revises training requirements, adds language to remove and dispose of petroleum-contaminated soil, and clarifies the sampling procedures for excavated soil. A hearing is scheduled for January 26, 2012, in Reynoldsburg. Comments are due January 26, 2012. Contact: William Vedra; Bureau of Underground Storage Tank Regulations (614-955-4246) -- Ohio Regulations (12/27/2011).
Contact EQ’s Tom Robertson for more information.
Cross-State Emission Rules Put On Hold
The United States Environmental Protection Agency (EPA) cross-state emission rules set to go into effect on January 1, 2012, have been put on hold after a federal appeals court ruled in favor of utilities. The ruling was handed down on December 30, 2011, by a three-judge panel of the U.S. Appeals Court in Washington, D.C. It is unclear when the judges will hear arguments in the case, but it could happen in early spring, industry-watchers say. The judges granted a request by the power-producers to delay the deadline for plants in 27 states to begin reducing emissions of sulfur dioxide and nitrogen oxide while the court considers the rule’s legality.
First released in July (see August 2011 EQ Newsletter) and then revised in October by the EPA, the rules are aimed at creating limits on the amount of sulfur dioxide and nitrogen oxides that are emitted by power-producing stations across state lines. Those pollutants are key contributors to smog and fine particle pollution that cause a myriad of health problems. Opponents of the rule say they face a financial burden in making the upgrades to power plants that will be required by the new laws and that the standards could affect the reliability of the nation’s electric grid. They also say they have had too little time to make the necessary upgrades. According to Bloomberg News, more than 36 lawsuits have been filed to stop the pollution rules.
Ohio EPA Issues Final Industrial Storm Water General Permit
On December 15, 2011, Ohio EPA (OEPA) issued the final General Permit Authorization to Discharge Storm Water Associated With Industrial Activity Under the National Pollutant Discharge Elimination System (Ohio NPDES General Permit No. OHR000005). The new multi-sector general permit (MSGP) is effective January 1, 2012 and expires December 31, 2016. OEPA mailed renewal packages to current permit holders between December 22 and December 30. The Notice of Intent (NOI) is due within 90 days of the date of Ohio EPA’s renewal letter to continue coverage. Storm Water Pollution Prevention Plans (SWP3s) must be updated no later than June 29, 2012 (180 days after the effective date).
The full text of the permit can be viewed at http://www.epa.state.oh.us/dsw/permits.
If your facility needs assistance with compliance, training, monitoring, SWP3 development, or any other aspect of the storm water program, please contact Mike Arozarena or call 1-800-229-7495.
USEPA Promulgates Mercury and Air Toxics Standards for Power Plants
On December 16, 2011, USEPA (EPA) announced the issuance of final National Emission Standards for Hazardous Air Pollutants (NESHAPS) for coal- and oil-fired electric utility steam generating units (EGUs). The rules come after 20 years of study and litigation over whether and how to regulate Hazardous Air Pollutant (HAP) emissions from power plants (see April 2011 EQ Newsletter). For coal-fired boilers, the rules set emission limits for mercury, acid gases via a hydrogen chloride (HCl) or sulfur dioxide (SO2) surrogate, non-mercury toxic metals via a filterable particulate matter (PM) or total metal surrogate, and organic HAPs via work practice standards. Oil-fired units are subject to limits for acid gases (numerical limits for HCl and HF), toxic metals via a PM surrogate or total non-mercury metals as an alternate, and organic HAPs via work practice standards. The rules would affect approximately 1100 coal-fired units and 300 oil-fired units and would cost $9.6 billion by 2016. Existing sources would have to comply 3 years from the date of publication, with a 1-year extension available if needed to install controls. EPA is also promulgating changes to the New Source Performance Standards (NSPS) for PM, sulfur dioxide, and nitrogen oxides that apply to EGUs. The rules will be published shortly in the Federal Register. For more information, go to EPA’s website at http://www.epa.gov/mats/ or contact EQ’s Kent Berry or call 1-800-229-5299.
USEPA Proposes Operator Training, Stronger Containment Regulations for Storage Tanks
The USEPA (EPA) is proposing to strengthen regulations governing underground storage tanks, adding new rules for backup containment and extending training requirements to more storage tank owners and operators (76 Fed. Reg. 71,708).
State agencies that accept federal UST grant money are required under current regulations to set operator training requirements under the Energy Policy Act, but the requirements do not cover underground tanks on tribal lands and in states that do not accept federal funds.
The proposed revisions would implement training requirements nationwide.
The proposed regulations would apply to tanks that hold petroleum or hazardous chemicals, which are regulated under Subtitle I of the Resource Conservation and Recovery Act. They would not affect underground storage tanks containing hazardous waste, which are regulated under RCRA Subtitle C.
The proposed revisions are designed to better prevent and detect leaks from UST systems, which can cause groundwater contamination. The proposal represents the first major revisions to federal UST regulations since 1988.
The proposed rule at 40 C.F.R. Part 280 includes periodic testing of UST system components. The 1988 regulations required tank owners and operators to have spill, overfill, and leak detection equipment, but did not specify operation and maintenance requirements for some of that equipment.
EPA published the proposed rule November 18. The agency expects to issue a final rule in 2013.
There are about 600,000 active USTs at over 200,000 sites in the United States. For additional information, contact Tom Wey or call 1-800-229-7495.
Ohio EPA Solicits Comments on Permit to Install Design Flow and Waste Strength Requirements for Treatment Works
The Ohio EPA is soliciting comments on a proposed rule addressing the design flow and waste strength requirements for treatment works sized for 100,000 gallons per day or less (OAC 3745-42-05). Minor revisions to this rule are proposed to provide additional clarification. Proposed revisions include: revising the title of the rule to reflect that the rule provides both design flows and waste strengths; including additional information on how flow storage and equalization should be addressed by the rule; rewording the data submittal standards for waste strength characterization; replacing the jpg of Table A-1 with the same Table A-1, created as an actual table in the rule authoring software; and updating information in Table A-1 for gas stations/convenience stores.
For more information about Permits to Install and Plan Approvals for Water Pollution Control, contact Mike Arozarena or Ken Hardesty or call 1-800-229-7495.
USEPA Proposes Amendments to Rules for Boilers and Incinerators
On December 23, 2011, USEPA (EPA) proposed changes to four final rules affecting boilers and commercial and industrial solid waste incinerators (CISWI) that were published on March 21 (see March 2011 EQ newsletter). Based on public comments and additional data provided after the final rules were published in March, EPA is proposing significant changes to those rules.
For boilers and process heaters at area sources of Hazardous Air Pollutants (HAPs), EPA is continuing to require work practice standards such as routine maintenance and tune-ups for 98 percent of the boilers covered in this category. Only 2 percent would need to meet emission limits. The proposed changes would provide additional time to comply with the initial tune-up requirement and lengthen the time between tune-ups for seasonal use boilers.
For boilers and process heaters at major HAP sources, 80 percent of the approximately 14,000 boilers in this category would be required to conduct periodic tune-ups and 12 percent would be required to meet emission limits. The proposal creates new subcategories for emission limits and proposes numerous changes to emission limits. The compliance date for existing boilers would be extended to 3 years following publication of the final reconsideration rules in the Federal Register.
For CISWI sources, EPA is proposing revised emission limits including those for dioxin and mercury. EPA is proposing changes to the Non-Hazardous Secondary Materials (NHSM) rules that help categorize units as either boilers or CISWI units. The NHSM proposal classifies a number of secondary materials as non-wastes when used as a fuel (and thus subject to the boiler rules which are generally less stringent than the CISWI rules).
For further information, contact Dawn Miller, Tom Robertson, or Kent Berry or call 1-800-229-5299.
Ohio EPA Proposes Revisions to Water and Wastewater Operator Certification Rules The Ohio
Environmental Protection Agency (OEPA) has proposed revisions to the water and wastewater operator certification rules in Chapter 3745-7 of the Ohio Administrative Code (OAC). The proposed amendments to the OAC are, in part, a result of the 5-year rule review requirements of Section 119.032 of the Revised Code.
The proposed amendments to the water and wastewater operator certification rules add new definitions; establish limits for use of provisions allowing for operators of lower levels of classifications; designate treatment lagoon systems with a design flow of greater than 25,000 gallons per day as Class I; allow for reduced staffing of seasonal Class A or I treatment works during the off-season; revise Class A eligibility requirements to reflect current practices; add provisions for suspension and revocation of a certificate; add language to further specify the types of systems in which records must be maintained; add clarification regarding the examination process; and remove outdated language.
A public hearing pursuant to §119.03 of the Ohio Revised Code will be conducted on January 4, 2012 at the OEPA Lazarus Government Center in Columbus, Ohio.
For additional information, please contact Mike Arozarena or call 1-800-229-7495.
USEPA Partially Grants Petition to Initiate Reporting Rule for Fracking Chemicals
The USEPA (EPA) announced November 23 it will solicit public input on the design and scope of possible reporting requirements for chemicals used in hydraulic fracturing, partially granting a petition by 120 public and environmental health organizations.
EPA said it is partially granting the petitioners' request under Section 8(a) and 8(d) of the Toxic Substances Control Act and will initiate a public dialogue on the issue.
The rule requested under Sections 8(a) and 8(d) would establish reporting requirements for companies that manufacture and process chemicals used in exploration and processing of natural gas, and would require them to submit to EPA lists and copies of all existing health and safety studies conducted or initiated by or for them, known to them, or “reasonably” ascertainable to them.
For additional information on fracking issues, contact Joe Biss or call 1-724-775-2910.
EPA Regulates SO2 Emissions From Pennsylvania Power Plant
On November 7, 2011, the U.S. Environmental Protection Agency (EPA) published final rules in the Federal Register regulating sulfur dioxide (SO2) emissions from the Portland Generating Station in Pennsylvania on the basis that it is contributing to violations of the new 1-hour National Ambient Air Quality Standard (NAAQS) set by EPA in June 2010 (see July 2010 EQ newsletter). The rules were in response to a petition by the State of New Jersey alleging that the Portland Station is causing exceedances of the SO2 standard across the Delaware River in New Jersey. Based on air quality modeling, EPA is setting emission limits that require the Portland Station to reduce SO2 emissions from its two coal-fired units by 81 percent from current permitted levels by January 6, 2015. It is expected that the State Implementation Plans (SIPs) to be submitted by the States in June 2013 to attain the new 1-hour SO2 standard will need to include similar major reductions for many other SO2 sources across the country. For more information, contact EQ’s Kent Berry or call 1-800-229-7495.
EPA Designates Additional Lead Nonattainment Areas
On November 22, 2011, the U.S. Environmental Protection Agency (EPA) designated 5 additional nonattainment areas with respect to the revised National Ambient Air Quality Standards (NAAQS) for lead. On October 15, 2008, EPA significantly tightened the NAAQS for lead and required States to conduct additional ambient air quality monitoring for lead. On November 22, 2010, based on 2007-2009 air monitoring data, EPA designated 16 nonattainment areas covering 17 partial counties in 11 States. Those designations were effective on December 31, 2010 and States were required to develop control plans (SIPs) to attain the NAAQS in those areas by December 31, 2015. Based on the additional monitoring data required by EPA, the Agency is publishing a second round of lead designations designating 5 additional nonattainment areas in the States of IL, IA, KS, MI, and PR. SIPs for these additional areas must be submitted to EPA by June 30, 2013 and provide for attainment of the lead NAAQS no later than December 31, 2016. For more information, refer to the Federal Register notice or contact EQ’s Kent Berry or call 1-800-229-7495.
EPA Begins to Establish Pretreatment Standards for Fracking Wastewater
In October, U.S. Environmental Protection Agency (EPA) officials announced they would begin a regulatory process to establish "pretreatment standards" for wastewater produced by fracking. The rules won't come out until 2014, and EPA has just launched a study to examine the impact of fracking on water quality.
Any federal rule would apply only to wastewater that is sent from a drilling site to a wastewater treatment plant. At some sites, the water is re-injected into the ground, but that is not always possible. When it's not, there's concern that local treatment facilities are ill-equipped to handle the chemicals and other pollutants in fracking-generated wastewater.
In Ohio, treatment facilities are barred from accepting any wastewater from oil or gas wells, including fracking sites. All such wastewater has to be taken to one of the state's 180 disposal wells to keep it from going into the ground or nearby lakes and streams.
For additional information, contact Joe Biss, John Wentz, or Jim Albertz or call 1-800-229-7495.
Effluent Limitations
The U.S. Environmental Protection Agency (EPA) published its latest effluent guidelines program plan on October 26, in which it said it plans to develop regulations for the pretreatment of wastewater from shale gas wells. EPA also said it will develop effluent limits and pretreatment standards for discharges of wastewater from coal-bed methane as well as pretreatment standards for discharges of mercury-containing wastewater from the dental industry. Wastewater from shale gas wells has become a contentious issue as the wells can use millions of gallons of water and thousands of gallons of chemicals, much of which comes out of the well contaminated with salt and radioactivity, and requiring disposal.
For additional information, contact John Wentz or call 1-800-229-7495.
EPA Announces Final Study Plan to Assess Hydraulic Fracturing
The U.S. Environmental Protection Agency (EPA) has announced its final research plan on hydraulic fracturing. At the request of Congress, EPA is working to better understand potential impacts of hydraulic fracturing on drinking water resources.
In March 2010, EPA announced its intention to conduct the study in response to a request from Congress. Since then, the agency has held a series of public meetings across the nation to receive input from states, industry, environmental and public health groups, and individual citizens. In addition, the study was reviewed by the Science Advisory Board (SAB), an independent panel of scientists, to ensure the agency conducted the research using a scientifically sound approach.
The initial research results and study findings will be released to the public in 2012. The final report will be delivered in 2014. To ensure that the study is complete and results are available to the public in a timely manner, EPA initiated some activities this summer that were supported by the SAB and provide a foundation for the full study.
The final study plan looks at the full cycle of water in hydraulic fracturing, from the acquisition of the water, through the mixing of chemicals and actual fracturing, to the post-fracturing stage, including the management of f1owback and produced or used water as well as its ultimate treatment and disposal.
For more information, go to: www.epa.gov/hydraulicfracturing or contact Joe Biss or call 1-800-229-7495.
EPA Working to Finalize Standards Limiting Mercury Emissions
The U.S. Environmental Protection Agency (EPA) is working to finalize standards that limit power plant emissions of mercury and other toxic pollutants (see April 2011 EQ Newsletter). The standards are due in December and will mark the first time the EPA limits mercury pollution from power plants. Coal-fueled power plants are large sources of mercury pollution in Ohio, emitting two-thirds of all airborne mercury.
The top 10 States for airborne mercury pollution generated by power plants are: Texas, Ohio, Pennsylvania, Missouri, Indiana, Alabama, West Virginia, North Dakota, Kentucky, and Michigan. For additional information, contact Tom Robertson or call 1-800-229-7495.
EPA Proposes Changes to Its Reviews of New Source Performance Standards
The U.S. Environmental Protection Agency (EPA) is proposing to change the way it conducts its eight-year reviews of new source performance standards, aiming to comply with an executive order intended to improve the regulatory system.
Under the proposal, EPA would forgo reviews of the standards if it finds the current level of control is appropriate, no new or modified sources are expected in the next eight years, or more stringent Clean Air Act standards exist for the sources, according to a Federal Register notice published on October 24.
EPA identified 14 source categories that would not be subject to reviews based on the three criteria, including primary zinc smelters and magnetic tape coating facilities, although the agency said the review process would not change for the vast majority of sources.
New source performance standards are technology-based standards issued under Section 111 of the Clean Air Act that apply when a new source is constructed or an existing source is modified.
The law requires EPA to review the standards every 8 years and revise them if necessary, although it says a review may not be “appropriate in light of readily available information on the efficacy of such standard.”
For additional information, contact Kent Berry or call 1-800-229-7495.