U.S. EPA published a final rule on November 1, 2005 applicable to entities seeking to purchase property which might be contaminated with hazardous substances. Under the rule, prospective purchasers must follow specific regulatory investigation procedures to obtain liability protection under Superfund. The rule also dictates the qualifications required for those performing the Phase I environmental site assessments. The rule becomes effective November 1, 2006. For further information, refer to the November 1st Federal Register or contact Tim Hilgeman at 800-229-7495.
U.S. EPA published a proposed rule on October 31, 2005 that would modify the Industrial and Commercial Boiler NESHAP published in September 2005. The proposed changes would make it easier for facilities to average hazardous air pollutant (HAP) emissions from a site with several subject boilers venting to a common stack. It would allow a site to test boilers with a common stack at that stack, rather than testing each boiler separately. EPA will take comments on this proposed revision until December 15, 2006. For more information, refer to the October 31st Federal Register or contact Sheri Bussard at 800-229-7495.
On November 1, 2005, U.S. EPA proposed 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 (generally due to EPA in April 2008) involves requirements for major new or modified sources in both nonattainment areas and attainment/unclassified areas (i.e., PSD areas). Designation as a major source would be based on emissions of direct PM2.5 (including condensibles) as well as PM2.5 precursors if any such pollutant exceeds the major source thresholds. EPA proposes that precursors include SO2 and NOx, but not ammonia or volatile organic compounds (VOC). States have the option of demonstrating that NOx is not a significant precursor or that ammonia and/or VOC should be considered precursors. The significant emissions rate for a major modification is proposed as 10 tons per year for direct PM2.5 and is unchanged for any pollutant considered a precursor in a given area. Best available control technology (BACT), lowest achievable emissions rate (LAER), and offsets, as applicable, would be required for direct PM2.5 and all applicable precursors. For more information, refer to the November 1st Federal Register or contact Kent Berry at 800-229-5299.
In an effort to keep our clients abreast of EPA's latest areas of enforcement focus, EQ is facilitating in our Cincinnati and Pittsburgh offices an Air and Waste Management Association live webcast on EPA's "Progress and Priorities in Enforcement." This complimentary live event will focus on the Agency's enforcement initiatives in light of NSR-related court hearings; updates will be provided on the status of mercury and Clean Air Interstate Rule (CAIR) regulatory issues; and the Agency’s focus looking forward will be discussed. The webcast will be held December 13th from 2-4 pm EST. For more information please visit the AWMA site. Space is limited, so please respond quickly to reserve an opportunity to hear key legal speakers review these important topics. Respond by e-mail to Bob McCullough at bmccullough@eqm.com.
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