On June 8, 2007, the U.S. Court of Appeals ruled to vacate the National Emissions Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters (Boiler MACT rules) in their entirety. It concluded that U.S. EPA had wrongly excluded certain types of boilers which burn waste from the definition of solid waste incinerators, which have more stringent emission limitations. The mandate to vacate will be filed and become final around July 31 unless a motion for reconsideration is filed within 45 days of June 8 (or a motion to “stay” the court mandate is filed within 7 calendar days beyond that date). If the mandate to vacate is filed without challenge, the September 13, 2007 Boiler MACT compliance deadline is vacated and EPA must develop new rules with a new deadline. If the mandate is challenged by petitioners, the current rules will remain in place until new rules are promulgated or until U.S. EPA develops interim rules. Since timely resolution of the ruling (i.e., by the compliance deadline) is highly uncertain, subject facilities should continue on the path to compliance by September 13, 2007. For further information, contact Dawn Miller at (800) 229-7495.
U.S. EPA is proposing to lower the national standards for ground-level ozone, the primary component of smog. The current standard, set in 1997, is 0.08 ppm. U.S. EPA is proposing to lower the standard to 0.070 to 0.075 ppm. This action is a result of the most recent scientific evidence on the harmful health effects of ozone. Ozone is not directly released to the air; rather it is formed from a reaction of nitrogen oxides and volatile organic compounds with sunlight. A lower ozone standard would mean more stringent emission limitations for industry as well as additional requirements for the general public (i.e., widespread auto emissions testing, etc.). The public comment period on the proposed changes will extend for 90 days after publication of the proposal in the Federal Register.
On April 9, 2007, the Department of Homeland security published a list of 344 chemicals of interest that facilities are to consider when complying with anti-terrorism regulations issued in April. Subject facilities that produce or store onsite listed chemicals above their screening threshold quantity (STQ) would have to complete a screening process. Industry groups are challenging the inclusion of certain chemicals on the list as well as the STQ level for some chemicals. The STQ for propane is currently set at 7,500 pounds, which would require many propane distributors, businesses, and farmers to complete the costly screening requirements. More than 100 of the 344 chemicals have a listed STQ of “any amount.” Industry argues that investigating trace amounts of listed chemicals at a site will draw valuable resources away from compliance efforts at legitimate terrorist targets. The comment period on the list ended May 9, 2007, but industry groups are asking for an extension. For further information, see the Federal Register notice or contact Sheri Bussard at (800) 229-7495.
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