Volume 58 • July 2009

REGULATORY UPDATE

U.S. EPA Proposes More Stringent NAAQS for NO2

On June 29, 2009, the U.S. EPA announced it would be proposing more stringent National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO2). U.S. EPA intends to propose a new one hour standard at a level between 80 to 100 parts per billion (ppb) and retain the current annual standard of 53 ppb.  There are no areas that violate the current annual standard, but under a proposed 80 ppb one hour standard, 10 counties would be designated nonattainment (based on available 2005 to 2007 data).  U.S. EPA must issue a final decision by January 22, 2010. 

For more information, contact EQ’s Kent Berry at (800) 229-5299.

House Passes Major Energy-Climate Bill

On June 26, 2009, the U.S. House of Representatives narrowly passed a bill that calls for the nation's first limits on pollution linked to global warming.  The vote was 219-212.

The legislation would require the U.S. to reduce carbon dioxide and other greenhouse gas emissions by 17% from 2005 levels by 2020 and by 83% by 2050.

Sponsored by Reps. Henry Waxman (D-Calif.) and Edward Markey (D-Mass.), the bill would limit greenhouse gas (GHG) pollution from factories, refineries, power plants and other emitters.

At the heart of the legislation is a cap-and-trade system that sets a limit on overall emissions of heat-trapping gases while allowing utilities, manufacturers and other emitters to trade pollution permits, or allowances, among themselves.

About 85% of the allowances would be given away for free, but about 15% would be auctioned by bid and the proceeds used to defray higher energy costs for lower-income individuals and families.

When the program is scheduled to begin in 2012, the estimated price of a permit to emit a metric ton of carbon dioxide will be about $15. That is projected to rise steadily as emission limits come down, but the bill contains a provision to prevent costs from rising too quickly in any one year.

The bill also sets a national standard of 20% for the production of renewable electricity by 2020, although a third of that could be met with efficiency measures rather than renewable energy sources such as solar, wind and geothermal power.

The bill now moves to the U.S. Senate for consideration.

For more information, contact EQ’s Jeff Slayback at (800) 229-7495 or Tom Robertson at (800) 229-5299.

U.S. EPA Publishes Significant New Use Rules for 23 Chemical Substances

On June 24, 2009, the U.S. EPA published direct final Significant New Use Rules (SNURs) related to 23 chemical substances under the Toxic Substances and Control Act (TSCA).

The new rule requires anyone who intends to manufacture, import, or process any of 23 chemical substances for an activity that is designated as a significant new use by this rule to notify the U.S. EPA at least 90 days before commencing that activity.   

The required notification will give U.S. EPA the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. 

The 23 chemical substances were the subject of U.S. EPA premanufacture notices.  In addition, four are subject to TSCA Section 5(3) consent orders issued by U.S. EPA.

The rule is effective August 24, 2009.

For more information, see the Federal Register notice or contact EQ's Sandra Hance at (800) 229-7495.

U.S. EPA Extends Compliance Date for SPCC Requirements to November 10, 2010

On June 19, 2009, the U.S. EPA published a final rule delaying the date by which facilities are required to amend or prepare and implement Spill Prevention, Control and Countermeasure (SPCC) Plans.

Facilities were originally required to comply by July 1, 2009.  They now have until November 10, 2010.

Farms must also amend or prepare their SPCC Plans, and implement those Plans by the same date.

In April 2009, the U.S. EPA extended the effective date of the SPCC streamlining rule until January 14, 2010.  This latest rulemaking has NO impact on that date.

For more information, see the Federal Register notice, visit the U.S. EPA website or contact EQ's Mike Arozarena or Ken Hardesty at (800) 229-7495.

U.S. EPA Proposes Ozone Attainment for Columbus and Cleveland 

On June 12, 2009, the U.S. EPA published two proposed rules that redesignate 14 Ohio counties in the Cleveland and Columbus metro areas as being in attainment with the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone.

In the metro Cleveland area, the counties are Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit.  In the metro Columbus area, the counties are Delaware, Fairfield, Franklin, Knox, Licking, and Madison.

In a related action on May 7, 2009, U.S. EPA published a proposed rule to approve revisions to Ohio’s State Implementation Plan to add and modify several volatile organic compound (VOC) rules effective in the Cleveland-Akron area.  The new rules satisfy reasonably available control technology requirements and are based on control technology guidelines issued by U.S. EPA in 2006 and 2007. 

The rules address federal requirements and are intended to help achieve and maintain ozone attainment.  The rules were adopted by Ohio EPA and became effective on April 2, 2009, and pertain to paper, metal furniture, and large appliance surface coating; solvent metal cleaning; industrial solvent cleaning operations; volatile organic liquid storage tanks; flexible package, offset lithographic, and letterpress printing; motor vehicle and mobile equipment refinishing; VOCs from industrial wastewater; flat wood paneling coatings; SOCMI reactors and distillation units; batch chemical process vents; plastic parts surface coating; commercial bakeries; wood furniture manufacturing; aerospace manufacturing and rework; and shipbuilding and repair.

For more information, see the Federal Register notices (Columbus, Cleveland, and the Ohio SIP) or contact EQ’s Jeff Slayback at (800) 229-7495.

U.S. EPA Requires Sources to Conduct Stack Testing on Incinerators and Boilers

In June 2009, the U.S. EPA sent letters to certain facilities with boilers and solid waste incinerators asking them to conduct emission testing and fuel sampling by October 2009.

This request is part of a U.S. EPA effort to develop revised National Emission Standards for Hazardous Air Pollutants (NESHAP) for boilers and process heaters (known as a Boiler Maximum Achievable Control Technology (MACT), and new Source Performance Standards (NSPS) rules for Commercial and Industrial Solid Waste Incinerator (CISWI) rules at 40 CFR Part 60, Subpart CCCC.

Last summer, U.S. EPA mailed a questionnaire to more than 2,500 existing major sources of HAPs under the Clean Air Act requiring their completion of an Internet survey on emissions, controls, and work practices for various boiler types and incinerators. 

Sources must conduct stack testing for a variety of Hazardous Air Pollutants (HAPs), including metals, dioxins/furans, and hydrochloric acid as well as conventional pollutants such as PM2.5 (including condensables), SO2, NOx, and CO.  Not all sources are required to test for the full list of pollutants. 

EQ is assisting a number of our clients in conducting this testing. 

For more information, contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.

U.S. EPA and American Petroleum Institute Reach Agreement Over Stationary Engine Standards

On June 4, 2009, a notice of proposed settlement agreement was published in the Federal Register that addresses a lawsuit filed by the American Petroleum Institute (API) against the U.S. EPA.

API filed a petition for review of a U.S. EPA rule requiring new source performance standards for new stationary compression ignition internal combustion engines.  Engines covered by the standards are typically used to generate electricity and operate compressors and pumps at power and manufacturing plants.

As part of the settlement, U.S. EPA will have one year to finalize revisions to the rule.  The agency will also issue a guidance document that lists specific emission standards for various pollutants.

The rule, which took effect September 11, 2006, required all new, modified, and reconstructed stationary compression ignition internal combustion engines to use the best demonstrated system of continuous emissions reduction to reduce emissions of nitrogen oxides, particulate matter, carbon monoxide, sulfur oxides, and non-methane hydrocarbons.

For more information, see the Federal Register notice or contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.

U.S. EPA to Reconsider PM2.5 NSR Implementation Rules

On June 1, 2009, U.S. EPA published a notice in the Federal Register stating that it had granted a petition filed by environmental groups to reconsider its New Source Review (NSR) implementation rules for PM2.5 which were issued on May 18, 2008. 

U.S. EPA intends to reconsider four issues in the May 2008 rule, including the transition schedule for PM2.5 requirements in States with approved Prevention of Significant Deterioration (PSD) programs (most States).  U.S. EPA apparently intends to shorten the current transition period ending January 1, 2011, after which PSD sources would be required to demonstrate attainment of the National Ambient Air Quality Standards (NAAQS) for PM2.5 and to include emission limits for condensable PM in the PSD permits. 

For more information, see the Federal Register notice or contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.

U.S. EPA’s Proposed GHG Reporting Rules Would Require Large Fuel Combustion Sources to Install CO2 CEMS by January 2010

U.S. EPA’s proposed greenhouse gas (GHG) reporting rules, published in the Federal Register on April 10, 2009, would require fuel combustion sources larger than 250 million Btu/h to install a continuous emission monitoring system (CEMS) for CO2 before January 1, 2010. 

The proposal requires sources to report GHG emissions for calendar year 2010.  The report is due March 31, 2011.   

Despite requests to extend the comment period on the reporting rules, U.S. EPA closed the comment period on June 9, 2009 and is planning to issue the final rules by the end of 2009.

For more information, contact EQ’s Jeff Slayback at (800) 229-7495 or Tom Robertson at (800) 229-5299.

West Virginia Adopts Reporting Requirement For Industrial Accidents in Wake of Explosion

Starting July 10, 2009, West Virginia industrial facilities must report accidental chemical releases to emergency authorities within 15 minutes of their discovery.

The law, signed by Governor Joe Manchin on May 26, 2009, extends to all industries and calls for civil fines of up to $100,000 for noncompliance.  The director of West Virginia's Division of Homeland Security and Emergency Management has authority to determine the size of the fine.

Governor Manchin proposed the legislation after an August 2008 explosion at a Bayer CropScience plant near Charleston when company officials refused to share details of the incident with local emergency responders for more than 2 hours. 

The blast killed 2 employees and nearly released a large quantity of methyl isocyanate (MIC), the compound that killed thousands in Bhopal, India in less than 10 minutes.  Thousands of area residents were advised to “shelter in place” because of possible fumes from the fire caused by the blast.

According to the U.S. Chemical Safety and Hazard Investigation Board, the Bayer plant in Institute, W.Va., is the only American manufacturing site that continues to produce and store more than 10,000 pounds of MIC.

ENVIRONMENTAL NEWS 

U.S. EPA Posts First School Air Toxics Ambient Monitoring Data

As part of a new U.S. EPA initiative to monitor the outdoor air around selected schools in 22 states, the agency has posted the first preliminary air toxics monitoring data from two Tennessee schools (Ashland City Elementary School in Ashland City and Lakeview Elementary School in New Johnsonville). 

Both schools were monitored for metals in particulate matter (PM)10, specifically manganese.  The preliminary results show that levels of manganese are well below levels of short-term concern. However, U.S. EPA warns against drawing conclusions because the agency also intends to use the data to make projections of long-term health risks to school children and staff. 

This ambient air monitoring initiative is intended to 1) yield location-specific ambient air quality data sufficient to initially screen for potential impacts from toxic air pollution at the nation’s schools, and 2) provide a basis for additional actions by U.S. EPA, state, and local agencies including, but not limited to, additional monitoring and/or enforcement or other risk mitigation efforts.

A total of 62 schools will be monitored as part of the agency’s Schools Air Toxics Initiative. Outdoor air at each of the schools will be monitored over a period of 60 days; air quality monitors will take a minimum of 10 daily samples during that time.  The list of analytes to be measured at each school was based on emission sources in the vicinity of each school.  Cement plants, steel mills, hazardous waste management facilities, and petroleum refineries are the most common types of sources in the vicinity of the selected schools. 

For more information, visit the U.S. EPA website or contact EQ’s Jeff Slayback at (800) 229-7495 or Tom Robertson at (800) 229-5299.

U.S. EPA to Update Draft Analysis of Dioxins and Issue Interim Soil Cleanup Standards

On May 26, 2009, the U.S. EPA said it will update its analysis of the health effects of dioxins by the end of 2009 and issue a final health assessment by the end of 2010.

The agency also said it would issue an interim soil cleanup standard, complete a review of state cleanup standards, and issue a final report on an internationally adopted method to compare dioxins by the end of 2009.

U.S. EPA published its first assessment of the risks of dioxins in 1985 and began a reassessment in April 1991.  Since that time, the agency has not issued a final analysis of the health risks posed by dioxins.

Dioxins are a category of 30 chemicals that can be inadvertently released through combustion and that have appeared as contaminants in other chemicals, including the herbicide Agent Orange.

The dioxins reassessment is being conducted under U.S. EPA's Integrated Risk Information System (IRIS) program. Toxicity values in IRIS assessments are combined with exposure information by risk assessors to establish cleanup and other risk management standards.

Ohio Geological Survey Faces Elimination in 2011

The Ohio Geological Survey, a division of the Ohio Department of Natural Resources, faces a 30% budget reduction in General Revenue Funding (GRF) in 2010 and total elimination of funding in 2011.

Since its inception in 1837, the Ohio Geological Survey has been the principal source of geological information in and about the state of Ohio. 

EQ NEWS

EQ Green Tip – Localize it!

Buying and eating local food has many great benefits. It is fresher, more nutritious, and probably tastier than anything you can get at the supermarket. When you buy local food you promote environmental sustainability because your food requires less fossil fuel and fewer emissions to reach you. Also, you can be confident that the people who grew what is on your dinner plate were paid fair wages and were not exposed to pesticides. When you support local farmers, you support the local economy. It also means your food used less packaging and shipping materials to get to you. There is a reason local food is being rediscovered throughout the United States. 

What is local?

“Local food” is not an official or fixed term, but it usually refers to food that is produced as close to home as possible. Local is not interchangeable with sustainable food but it can support sustainable methods of food production. It is also not the same as “organic” but can support organic farmers. “Organic” is an official term which entails legal standards, inspection processes, and labels. Buying local is a sustainable practice considering true sustainability includes every step that brings food from farm to plate.

Try it!

One of the easiest ways to start buying local is to choose one product in which to focus (e.g., corn). Vegetables are usually easiest to find at local farmers markets. Sources for local meat and dairy might take a bit more effort.

EQ’s Corporate Headquarters is located in Cincinnati, where there are over 20 local neighborhood farmers markets, including the popular Findlay Market near downtown. If you are in the Cincinnati area and want to try buying locally, check out this website: www.cincinnatifarmersmarkets.org. There is also a great website to find local food anywhere in the United States: www.localharvest.org.

Did you know?

  1. Hawaii imports 90% of its food.
  2. A typical carrot has to travel 1,838 miles to reach your kitchen.
  3. Farmers markets enable farmers to keep about 85 cents of each dollar spent by the consumer.  (www.sustainabletable.org)  

To learn more about EQ’s Sustainability Program, visit our website or contact EQ’s Tom Robertson at (800) 229-5299.

For your engineering needs, please contact EQ Engineers at 219-844-3500, or email Ron Hawks

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