U.S. EPA published a final rule on August 5, 2005 that adds all mercury-containing equipment (MCE) to the federal list of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. Prior to the ruling, only mercury-containing thermostats were included on the list of universal wastes. Spent MCE is likely to be hazardous based on its toxicity to the environment. Depending on the status of the generator, however, not all generators of spent MCE have had to manage spent MCE as a hazardous waste or comply with all RCRA requirements. By designating spent MCE as a universal waste, this rulemaking will divert this waste from municipal waste incinerators and landfills into the hazardous waste management program. For more information, refer to the August 5th Federal Register or contact Mike Arozarena at 800-229-7495.
U.S. EPA published a proposed rule on October 4, 2005 that would exempt certain releases of nitrogen oxides (NOx) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right to Know Act (EPCRA). Currently, releases of nitrogen oxide and nitrogen dioxide are reportable if they exceed 10 pounds in a 24-hour period. The current rules apply to accidental releases and releases from malfunctions, as well as to routine releases of NOx from combustion unless limited by federally enforceable emission limits. Under the proposed rules, certain non-accidental releases of NOx in amounts up to 1,000 pounds in 24 hours would be exempt from reporting requirements under CERCLA and EPCRA. Comments on the proposed rule are due by December 5, 2005. For more information, refer to the October 4th Federal Register or contact Sheri Bussard at 800-229-7495.
U.S. EPA published a proposed rule on October 4, 2005 to reduce the reporting burden associated with federal TRI reporting requirements. Under the current TRI rules, streamlined Form A Certification reporting is allowed for non-Persistent Bioaccumulative and Toxic (non-PBT) chemicals which are manufactured, processed, or otherwise used in quantities less than 1 million pounds annually, and have total annual reportable amounts less than 500 pounds. Under the proposed rules, Form A Certification reporting would be allowed for non-PBT chemicals which are manufactured, processed, or otherwise used in quantities less than 1 million pounds annually, and have total annual reportable amounts less than 5,000 pounds. In addition, Form A Certification reporting would be allowed for PBT chemicals (except dioxins and dioxin-like compounds) with no disposal or other releases if they are manufactured, processed, or otherwise used in quantities less than 1 million pounds, and they have 500 pounds or less as other waste management quantities (including recycling, energy recovery, and treatment for destruction). Comments on the proposed rule are due by December 5, 2005. For more information, refer to the October 4th Federal Register or contact Sheri Bussard at 800-229-7495.
On January 5, 2005, U.S. EPA promulgated final attainment and nonattainment designations for areas with NAAQS for PM2.5. The designations took effect on April 5, 2005, at which time U.S. EPA also issued guidance to state and local permitting authorities and the regulated community on how nonattainment new source review (NSR) permitting is to be implemented in the interim until final implementation rules are promulgated. The April 5th guidance closely mirrors previous U.S. EPA guidance issued on October 23, 1997 addressing PM2.5 permitting in attainment and unclassifiable areas under the Prevention of Significant Deterioration (PSD) program. U.S. EPA guidance directs permitting authorities to either use their existing nonattainment NSR program for PM10 emissions as a surrogate for PM2.5, or use their authority under 40 CFR Part 51, Appendix S, to issue permits. Under the guidance, the major source threshold for PM2.5 is 100 tpy (of PM10 emissions) and the significant emission rate for defining major modifications is 15 tpy (of PM10 emissions). All other provisions of nonattainment NSR (LAER, emission offsets, etc.) will apply. If, however, a source can demonstrate that it is not a major stationary source for PM2.5 using reliable source test or other data, then nonattainment NSR provisions for PM2.5 would not apply. One interesting twist to the PM10 surrogate for PM2.5 concept is the increasing adherence by permitting authorities to U.S. EPA guidance that defines PM10 in terms of filterable PM10 plus any condensable particulate matter. For additional information, contact Jeff Slayback at 800-229-7495 or Kent Berry at 800-229-5299.
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