Volume 57 • June 2009

REGULATORY UPDATE

U.S. EPA Proposes Revisions to NSPS for Coal Preparation and Processing Plants

On May 27, 2009, U.S. EPA proposed additional changes to the New Source Performance Standards (NSPS) for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y). 

The current proposal supplements an April 28, 2008 proposal to tighten particulate matter (PM) emission limits and monitoring requirements under Subpart Y (see May 2008 e-Newsletter).  The current proposal would expand the applicability of the PM standards for thermal dryers to all types of coal and to petroleum coke (Subpart Y previously applied only to dryers processing bituminous coal) and would set separate grain loading and opacity limits for new, reconstructed, and modified dryers. 

The proposal would also set emission limits (in lb per million Btu) for thermal dryers for SO2 and a combined limit for CO and NOx.  Finally, the proposal would lower opacity limits (to 5%) for coal conveying, transfer storage, and loading systems and would require fugitive dust control plans for coal storage piles and roads at an affected plant over which coal is transported. 

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 and DOT to Propose Limits on GHG Emissions from Vehicles and Major Increases to Fuel Economy Standards

On May 22, 2009, the U.S. EPA and the Department of Transportation (DOT) published a notice to conduct joint rulemaking to propose major increases in light-duty vehicle fuel economy standards and to impose national limits for the first time on greenhouse gas (GHG) emissions from vehicles.

Both standards would apply to passenger cars, medium-duty passenger vehicles, and light-duty trucks built in model years 2012 through 2016.  Together, these vehicle categories account for 60% of all U.S. transportation–related GHG emissions.

The National Highway Traffic Safety Administration, on behalf of the DOT, will issue the new fuel economy standards requiring cars to achieve an average of 39 miles per gallon (mpg) and light trucks to achieve an average of 30 mpg by 2016. The current standards are 27.5 mpg for cars and 23.1 mpg for light trucks.

The U.S. EPA would propose a national carbon dioxide standard for vehicles under Section 202 (a) of the Clean Air Act and is considering a limit of 250 grams of carbon dioxide per mile in 2016.

According to the White House, the standards will reduce GHG emissions by 900 million metric tons through 2016, the equivalent of shutting 194 coal-fired power plants or taking 177 million cars off the road.

Prior to the U.S. EPA proposing emission limits, it must first finish action regarding its proposed finding, published on April 17, that GHG emissions from vehicles endanger public health and welfare.

For more information, see the Federal Register notice or contact EQ’s Tom Robertson at (800) 229-5299.

U.S. EPA Defers Effective Date of NSR Aggregation Rules

On May 14, 2009, the U.S. EPA deferred for one year the effective date of the Bush Administration’s New Source Review (NSR) rule concerning “aggregation” of projects in determining NSR applicability.  The effective date for this new rule was previously February 17, 2009.

In January 2009, the U.S. EPA published a notice in the Federal Register stating that projects should be aggregated for NSR applicability purposes only when there is a substantial economic or technical relationship between the activities.  U.S. EPA also established a rebuttable presumption that projects undertaken 3 or more years apart would not need to be aggregated and that activities separated by less than 3 years have no presumptions (i.e., even projects undertaken at the same time need not be aggregated if they are not substantially related technically or economically). 

The rule deferral is part of the Obama Administration’s plan to review regulations issued in the final days of the Bush Administration (see February 2009 e-Newsletter).  The one-year deferral will allow the U.S. EPA to conduct additional rulemaking on the NSR aggregation rules. 

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 Issues Final Revisions to NSPS for Nonmetallic Mineral Processing Plants

On April 28, 2009, U.S. EPA issued final revisions to the New Source Performance Standards (NSPS) for Nonmetallic Minerals Processing Plants (40 CFR Part 60, Subpart OOO).   Subpart OOO regulates particulate matter (PM) from numerous types of plants that crush and process 18 listed nonmetallic minerals, including limestone, sand, gravel, and clay.  The changes reduce the grain loading stack emission limit and the opacity standards.  Opacity standards for crushers and fugitive sources (conveyors, storage bins, etc.) are also reduced.  Repeat performance testing is required for facilities that do not have ongoing monitoring requirements.  The changes apply to new or modified affected facilities commencing construction after April 22, 2008. 

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 Three Bush-Era Rules Under NSR Program

On April 24, 2009, the U.S. EPA announced it will reconsider portions of three different rules under the Clean Air Act’s New Source Review (NSR) program, including:

The U.S. EPA’s announcement reverses the Bush Administration's decision to deny petitions from several environmental groups for reconsideration of the rules.

New source review requires new or modified emission sources such as power plants and other industrial facilities to install modern pollution controls when they expand or make modifications that increase emissions.

The U.S. EPA said it would “stay” a final rule on fugitive emissions, issued on December 19, 2008, while reviewing it.   

The agency will also stay, and then repeal, a portion of the rule on fine particles that contained a “grandfathering” provision that allows permit applications filed before the July 15, 2008, effective date to use interim regulations based on emission standards for coarse particles.
For the third rule addressing recordkeeping, U.S. EPA said it will leave the rule in place while it conducts its review.

U.S. EPA will publish notices in the Federal Register for each reconsideration detailing the review process.

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

U.S. Appeals Court Remands PM2.5 NAAQS

On February 24, 2009, the U.S. Court of Appeals for the D.C. Circuit remanded the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM) less than 2.5 microns in diameter (PM2.5) that was promulgated by the U.S. EPA in 2006. 

In setting the NAAQS, the Clean Air Act requires the U.S. EPA to establish two types of standards:  a primary standard that protects public health and a secondary standard that protects public welfare. In 1997, the U.S. EPA revised its PM standards and added standards for fine particulates known as PM2.5. The U.S. EPA established a daily limit (65 ug/m3) and annual limit (15 ug/m3) for this new indicator. In 2006, the daily limit was tightened to 35 ug/m3, but the U.S. EPA retained the annual limit at 15 ug/m3 despite urgings from its own scientific advisors to tighten the standard.

Several environmental groups and states challenged the 2006 rulemaking. The Court ruled that the U.S. EPA failed to adequately explain how the 15 ug/m3 annual limit was protective of public health as required by the Clean Air Act and remanded the limit back to the agency to support the limit with adequately reasoned decision making.

By remanding, rather than vacating, the Court of Appeals has left the standard intact for now, with instructions for the U.S. EPA to reconsider the standard. Given the administration change at U.S. EPA, it is likely this reconsideration will lead to a more stringent standard that will be consistent with the scientific advisors’ recommendations.

Due to an anticipated lengthy scientific review and rulemaking process, it will likely take a long time before any more stringent standards are promulgated.
  
For more information, contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299

ENVIRONMENTAL NEWS 

Secretary of Labor Solis Announces New Combustible Dust Legislation

On April 28, 2009, the Secretary of Labor Hilda Solis announced that OSHA is initiating an advance notice of proposed rulemaking on combustible dust.

House Democrats introduced legislation on February 4 that would require OSHA to issue a combustible dust standard. The Worker Protection Against Combustible Dust Explosions and Fires Act of 2009 (H.R. 849) would require OSHA to develop a standard to address hazard assessment, housekeeping requirements, employee participation in hazard assessment, worker training, and written safety programs with provisions for inspections, hot work, and ignition control.

The bill was referred to the House Education and Labor Subcommittee on Workforce Protections on March 23, but a hearing on the bill has not been held.

OSHA introduced a National Emphasis Program on combustible dust in March 2008.

Solis also announced a new enforcement program, called the Severe Violators Enforcement Program, to intensify the enforcement of negligent employers.

OSHA is also in the process of hiring more inspectors and developing emphasis programs on primary metals, hexavalent chromium, occupational asthma, and cranes and derricks.

OSHA's current staff of roughly 1,000 inspectors is not enough to thoroughly inspect America's 7 million workplaces, according to an OSHA spokesperson. The staff figure had been “holding steady” during the 8 years of the Bush administration.

Last year, OSHA inspectors conducted 37,000 inspections.

U.S. EPA Proposes 2010 Budget:  Focus on Water

On May 7, the U.S. EPA released a proposed $10.5 billion budget for 2010, nearly half of which focuses on water-related programs.

Here are the budget highlights:

The overall spending request is nearly $3.1 billion more than the agency's 2009 request.

For more information, visit the U.S. EPA’s website.

U.S. EPA Gives Green Light to First Antimicrobial Pesticide Used Against Anthrax

On May 28, 2009, the U.S. EPA approved the first registration, or license, of an antimicrobial pesticide product used to deactivate anthrax spores on hard surfaces.

Manufactured by Clean Earth Technologies, the product, called “Peridox with Electrostatic Decontamination System” can be used by specially trained individuals to decontaminate buildings, structures, vehicles, ships, aircraft, personal protective equipment, and other articles/items infected with anthrax spores. Its use is limited to dry, precleaned, hard, nonporous surfaces.
Anthrax is a disease caused by Bacillus anthracis. Both humans and animals are susceptible. If untreated, anthrax can cause acute illness or death.

Peridox is the first pesticide registered to deactivate anthrax spores. The U.S. EPA previously issued crisis exemptions allowing use of unregistered antimicrobial chemicals to clean buildings and any contents contaminated with anthrax spores.

For more information, visit the U.S. EPA’s website.

EQ NEWS

EQ Cleans Up Anhydrous Hydrofluoric Acid from Defunct Chemical Plant

In April 2009, EQ began responding to anhydrous hydrofluoric (AHF) acid leaks from a now-defunct chemical plant in Arkansas.  The plant is located near a school and residential neighborhood.

EQ mobilized its “high hazard response team” for this $3 million project through its Emergency and Rapid Response Services (ERRS) contract with U.S. EPA Region 6.

EQ personnel are tasked with removing about 2,000 gallons of pure AHF acid, about 6,000 to 8,000 gallons of an AHF/sodium fluoride waste mixture, and about 15,000 gallons of an AHF, trichloroethylene (TCE), and Freon waste mixture from aging tanks and transferring the materials into railcars for disposal.

To prevent the release of AHF and TCE vapors during the railcar transfers, EQ is using two parallel in-line scrubbers fabricated on site.  All transfers are taking place during “after school” hours.

Solvay Fluorides, the manufacturer of AHF, is taking the pure product at no charge.

Only one hazardous waste Treatment, Storage and Disposal Facility (TSDF), Veolia in Port Arthur, Texas, has agreed to take the other wastes. 

Solvay has to secure special stainless steel railcars to transport the AHF wastes, and EQ has to nitrogen-purge all lines to remove moisture, as well as fabricate new lines or modifying existing lines as needed for the actual transfers.

Following the transfers, EQ must flush associated plant piping, clean the tanks, and decon the railcars.

The project is expected to be complete by July. 

For more information, contact EQ’s John Foster at (985) 863-9840.

EQ Green Tip – Greener Spring Cleaning

Many of the products we use to clean our homes are not especially environmentally friendly.

That’s because they contain chemicals like ammonia, sodium hypochlorite bleach, phosphates, sodium hydroxide, and fragrances that have the potential to be harmful to us and the environment.

But there are “green” alternatives to traditional cleaning products.

Check out these Green Tips to clean greener:

Do It Yourself
You can make your own “green” cleaning products from items probably already found in your house. Check out this about.com page for ideas.

Buy Green
One of the best things you can do before you buy cleaning products is to read the label. There are products now that are petroleum free and biodegradable. These products are just as effective at cleaning your house while not nearly as environmentally damaging once washed down the drain. Also, many companies offer a more natural or environmentally friendly line of products.

Reduce, Reuse, Recycle
Many of the tools that we use to clean our homes contribute to our waste stream and carbon footprint. By reducing, reusing, and recycling these tools you can clean greener. For example, avoid using single use or disposable cleaning tools. Many higher end paper towels can be used multiple times to clean up wet messes. Use a cloth towel to dry your hands instead of paper towels. Also, instead of throwing away those old t-shirts, use them for dusting or cleaning the bathroom. When you do purchase cleaning tools like mops, buckets, and vacuums keep in mind the durability and longevity of the products to save money over time.

Add Some Green
It is simple: add some indoor plants to your living space. Indoor plants will significantly reduce indoor air pollution, provide a source of oxygen, and balance humidity! There are several species (e.g., palms, ferns, English Ivy, and Peace Lily) that are known as effective allies in keeping your household air clean and pure. 

For more information on reducing your carbon footprint or 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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For questions about EQ's capabilities, please contact
Jerry Day or Laurie Buckman, or call (800) 229-7495.

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