On March 17, 2006, in a unanimous decision, the D.C. Circuit Court vacated the 2003 rule that would have exempted most equipment replacement projects at industrial sites from new source review requirements. Historically, if a plant made modifications that increased emissions of subject pollutants, it was required to install pollution controls and obtain a New Source Review permit. Routine maintenance projects have historically been exempt from these provisions on a case-by-case basis. The 2003 rule vacated by the D.C. Circuit Court would have expanded and clarified this exemption, allowing exemption of any equipment replacement project with a cost less than 20 percent of the cost of replacing the entire emission unit. U.S. EPA has not commented on the decision. For more information, refer to the case New York v. EPA, D.C. Cir., No. 03-1380, 3/17/05, or contact Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.
A draft proposed rule being considered by U.S. EPA would repeal the current “once in always in” policy related to Maximum Achievable Control Technology (MACT) standards. U.S. EPA’s current policy dictates that any source that is a major source of hazardous air pollutant (HAP) emissions on the initial compliance date of a MACT standard is still subject to that standard even if the source reduces its HAP emissions to less than major source levels at a later date. The draft proposed policy would allow major sources that reduce their HAP emissions to less than major source levels after the first compliance date of a MACT standard to qualify as minor sources, thus relieving them from the often more stringent emission reduction requirements of the MACT standard, as well as the related monitoring, recordkeeping, and reporting requirements. U.S. EPA had no comment on the draft proposal, and will seek public comment when the proposal is issued.
On April 4, 2006, U.S. EPA published a guidance document to assist those responsible for cleaning up and disposing of polychlorinated biphenyls (PCBs) in complying with the regulations of the Toxic Substances Control Act (TSCA). The document focuses primarily on disposal of the waste (soil, water, rags, and debris) generated during PCB cleanup. The guidance includes examples of both typical and worst-case cleanup scenarios. For more information, refer to the guidance document at www.epa.gov/pcb/pubs/guidance.html.
One of the most publicized violations of the Emergency Planning and Community Right-to-Know Act (EPCRA) is failure to report releases of anhydrous ammonia in a timely manner. Anhydrous ammonia is an Extremely Hazardous Substance (EHS) with a reportable quantity (RQ) of 100 pounds. Therefore, any release of anhydrous ammonia equal to or exceeding 100 pounds must be reported immediately to the local emergency planning committee (LEPC) and State Emergency Response Commission (SERC). A follow-up written report must be submitted within 30 days. Anhydrous ammonia is also a CERCLA hazardous substance with an RQ of 100 pounds. This means that the National Response Center must also be immediately notified in the event of a reportable release. Immediate reporting is generally interpreted to mean within 15 minutes of discovery of the release. Because of this short response time, all facilities should have a plan in place for reporting of any reportable releases prior to incident occurrence. For more information, call Sheri Bussard at (800) 229-7495.
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