Volume 39 • December 2007

REGULATORY UPDATE

U.S. EPA Proposes to Exclude Fugitive Emissions for Determining NSR Increases

On November 13, 2007, U.S. EPA proposed a rule to exclude fugitive emissions when evaluating emission increases for certain types of industries under the New Source Review (NSR) program. This proposal would bring the NSR program in line with other Clean Air Act rules for determining if a source is a “major” source of air pollution. Under the proposal, fugitive emissions would be included when determining emission increases for modification of fossil fuel-fired boilers, coke oven batteries, cement plants, and 23 other categories of sources. Remaining industries (most notably mining operations) would not be required to consider increases in fugitive emissions. For further information, refer to the Federal Register or contact Kent Berry at (800) 229-5299. 

DHS Chemical Facility Anti-Terrorism Standards (CFATS) Finalized

On November 20, 2007, the Department of Homeland Security (DHS) published final Chemical Facility Anti-Terrorism Standards (CFATS) in the Federal Register. Appendix A of these chemical security regulations lists the chemicals of interest and their screening threshold quantities (STQs). If a facility possesses a chemical of interest at or above the listed STQ, the facility must complete and submit the online consequence assessment known as a Top-Screen.  A facility must do so within 60 calendar days of the publication of the final Appendix A in the Federal Register (by January 19, 2008) or within 60 calendar days of coming into possession of the listed chemicals at or above the listed STQs. The requirements apply not only to chemical facilities, but also to universities and laboratories, and many of the listed chemicals have very low thresholds (400 lbs, 15 lbs, or less).  For more information, contact Laurie Buckman at (800) 229-7495.

Ohio EPA Proposes to Extend Air Emission Fee Reporting Deadline

The Ohio EPA Division of Air Pollution Control (DAPC) is proposing to make changes to the Ohio Administrative Code (OAC) related to emissions reporting. The draft rules extend the annual reporting deadline from April 15, 2008 to June 1, 2008. The extension is necessary to accommodate the use of Ohio’s new web-based fee reporting system. More information on the new system will be published on Ohio EPA’s website as it becomes available.

 

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