On July 17, 2002, U.S. EPA published a final rule which amended the Spill Prevention, Control, and Countermeasure (SPCC) regulations. The rule required facilities to amend their SPCC Plans and implement those changes. The compliance date has been extended several times since the final rule was published. Recent provisions require facilities (other than farms) which were in operation on or before August 16, 2002 to amend and implement their SPCC Plans by October 31, 2007. Because U.S. EPA is considering amendments to the SPCC regulations, and these amendments may not be completed by October 31, 2007, U.S. EPA has extended the compliance deadline again to July 1, 2009 for facilities (other than farms) which were in operation on or before August 16, 2002. For further information, see the Federal Register notice or contact Mike Arozarena at (800) 229-7495.
On April 25, 2007, U.S. EPA issued final rules providing guidance to States in developing State Implementation Plans (SIPs) to attain the revised National Ambient Air Quality Standards (NAAQS) for fine particles (PM2.5). The PM2.5 SIPs must be submitted to EPA for approval by April 5, 2008. One of the issues that would have had an immediate impact on sources involves EPA’s proposed new source review (NSR) requirements for major new or modified sources. EPA proposed (on November 1, 2005) that, upon promulgation of the PM2.5 implementation rules, new or modified sources would have to demonstrate compliance with the PM2.5 NAAQS (including requirements for emission offsets in PM2.5 nonattainment areas). EPA deferred action on the NSR program, leaving the current program using PM10 as a surrogate for PM2.5 in place. For further information, see the Federal Register notice or contact Kent Berry at (800) 229-5299.
On April 9, 2007 the U.S. Department of Homeland Security published an interim final rule that imposes comprehensive federal security regulations for high-risk chemical facilities. These rules establish risk-based performance standards for the security of chemical facilities. It requires covered chemical facilities to prepare Security Vulnerability Assessments, which identify facility security vulnerabilities, and to develop and implement Site Security Plans, which include measures that satisfy the identified risk-based performance standards. These rules also allow certain covered chemical facilities, in specified circumstances, to submit Alternate Security Programs in lieu of a Security Vulnerability Assessment, Site Security Plan, or both. This regulation becomes effective 60 days after publication in the Federal Register. Owners and/or operators have considerable flexibility in how they choose to comply with the requirements because they will have discretion on how to best meet the risk-based performance objectives. For more information, contact Tom Robertson at (800) 229-5299.
By the year 2020, U.S. EPA and authorized states plan to have largely completed the work of implementing final remedies at all facilities requiring Corrective Action. While working toward the 2020 goal, U.S. EPA decided to ensure that sites presenting the greatest risk to human health and the environment are dealt with first. Accordingly, the Corrective Action Program had pledged to select a final remedy at 30% and put a final remedy in place at 20% of 1,968 highest-priority sites by 2008. Those goals have been raised, however, to better reflect progress made through 2006. Now, the Corrective Action Program has pledged to select a final remedy at 36% and put a final remedy in place at 27% of 1,968 highest-priority sites by 2008. EQ can help you evaluate your current status. For more information, contact Tom Robertson at (800) 229-5299 or Dan Jelinek at (800) 229-7495.
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