On January 19, 2010, the U.S. Environmental Protection Agency (EPA) proposed to tighten the National Ambient Air Quality Standards (NAAQS) for ozone (see background discussion in the October 2009 EQ newsletter). EPA proposed to set the 8-hour “primary” (health-based) standard within the range of 0.06 to 0.07 parts per million (ppm), compared to the current standard of 0.075 ppm. EPA also proposed a separate cumulative, seasonal “secondary” standard to protect sensitive vegetation and ecosystems. The current secondary standard is the same as the current primary standard. EPA will take public comments for 60 days and hold two public hearings, with plans to issue final standards by August 31, 2010. EPA plans to designate nonattainment areas under the new standards by July 2011, which would become effective by August 31, 2011. Also on January 19, EPA proposed to extend by 1 year until March 12, 2011 the deadline for promulgating the initial designations for the ozone NAAQS that was promulgated in March 2008.
According to measured air quality data from 2006 to 2008, most counties where ozone is currently measured would exceed a primary standard in the proposed range. For example, 25 of 27 counties in North Carolina with ozone measurements would exceed a 0.070 ppm standard, and all 27 would exceed a 0.060 ppm standard. All 32 of counties in Ohio and all 32 of the counties in Pennsylvania with ozone measurements would exceed a 0.070 ppm standard. Although EPA expects some improvement in air quality by the time it makes the nonattainment designations in 2011, it is clear that a revised standard, in conjunction with requirements proposed in July 2009 to add about 270 new ozone monitors throughout the country, will result in many more nonattainment areas. The most immediate impact of the nonattainment designations would be on major new or modified sources of volatile organic compounds (VOC) and nitrogen oxides (NOx) that submit air permit applications after August 2011 in newly-designated nonattainment areas. Such sources would then be subject to tighter emission limits and emission offset requirements.
For more information, refer to EPA’s website or contact EQ’s Kent Berry at (800) 229-5299.
On December 30, 2009, EPA published final national emissions standards for hazardous air pollutants (NESHAP) from the chemical preparations area source category. These final emissions standards for new and existing sources reflect EPA's final determination regarding the generally available control technology or management practices (GACT) for the source category.
Existing facilities (those commencing construction before August 5, 2009) will have until December 30, 2010, to comply with the new requirements, and new facilities starting up after December 30, 2009, will have to meet the standards upon start up. The rule will limit the emissions of particulate matter that contain chromium, lead, manganese, or nickel compounds. EPA estimates that the final rule will apply to 26 existing facilities.
Approximately 10 of those facilities are small businesses. The final rule will have a total estimated annual cost of $176,000/yr - approximately $ 6,800/yr per facility, in the first three years. EPA projects this would have no significant adverse economic impacts on any facility.
To determine whether operations at your facility are regulated by this action, you should examine the applicability criteria in 40 CFR 63.11579 of subpart BBBBBBB (NESHAP for Area Sources: Chemical Preparations Industry). The definition of chemical preparation pertains to a target HAP containing product, or intermediate use in the manufacture of other products, manufactured in a process operation described by the NAICS code 325998 if the operation manufactures target HAP-containing products or intermediates.
The emission standards for existing sources are either 0.03 grains per dry standard cubic foot (gr/dscf) particulate matter (PM) concentration at the outlet of the control device or to have a control device with a 95 percent PM reduction efficiency.
The standards for new sources require either routing process vent streams to a control device with a 98 percent PM efficiency or meeting an outlet concentration of 0.03 gr/dscf.
The monitoring requirements include three options; 1) a bag leak detection; 2) a control device parameter and monitor and alarm system; or, 3) a continuous parameter monitoring system (CPMS). The averaging requirements for sources using a CPMS is calculated on the basis of either a 24-hour rolling period or a batch period (i.e., the period that equipment is processing a batch of target HAP-containing materials), whichever is less.
For more information refer to the Federal Register notice or, contact EQ’s Tom Robertson at (800) 229-5299.
On January 22, 2010, the U.S. Environmental Protection Agency (EPA) announced that it was finalizing more stringent National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO2). EPA is setting a new one hour primary (health based) standard at a level of 100 ppb and is retaining the current annual standard of 53 ppb. The form of the 1-hour standard is based on the 98th percentile of 1-hour measurements over a 3-year period. EPA did not change the current 53 ppb annual secondary (welfare based) standard, but is considering changes under a separate review.
Although, no areas that violate the current annual standard, one county (Cook County, IL) would be designated nonattainment (based on available 2006 to 2008 data) under the new 100-ppb 1-hour standard. Non-attainment designations under the new standard based on the current monitoring network will be made by January 2012. In addition, EPA is requiring States to install over 200 new NO2 monitors by January 2013, which could result in the designation of additional non-attainment areas in the 2016/2017 timeframe.
For more information, contact EQ’s Kent Berry at (800) 229-5299.
On January 11, 2010, the Environmental Protection Agency (EPA) announced that it will consider strengthening rules for stormwater runoff and concentrated animal feeding operations for the Chesapeake Bay watershed along with possible new national rules on those sources of water pollution.
The announcement connected the prospect of Bay regulations to a plan for a national rulemaking on stormwater runoff from new development and redevelopments (41 ER 73, 1/8/10).
According to the EPA announcement, the national rulemaking on stormwater will be completed no later than November 2012.
The same announcement said EPA will start a rulemaking for concentrated animal feeding operations--feedlots that generate large amounts of manure--in the Chesapeake Bay watershed. The rule especially may include stricter permit limits and an expansion of the universe of operations that are covered by the regulations.
As EPA considers elements of its feedlot regulations, the agency also may decide to revise a few elements of its national regulations, said Chuck Fox, senior adviser to the EPA administrator. Those elements involve the way in which EPA classifies a feedlot as a concentrated animal feeding operation subject to federal oversight, and the possibility of extending regulations to manure transported off-site, Fox said.
According to the EPA, the rulemaking on feedlots, if it goes ahead, would be proposed in 2012 and completed by late 2013.
For more information, contact EQ’s Mike Arozarena at (800) 229-7495.
The Environmental Protection Agency issued a final rule Dec. 1, 2009, that for the first time imposes effluent limitation guidelines on construction and development activities. The rule requires all construction sites that disturb 1 or more acres of land to comply with non-numeric best management practices to control erosion and sedimentation. Sites that disturb 10 or more acres also must meet a daily average turbidity limit of 280 nephelometric turbidity units and comply with monitoring requirements. The final rule was developed in response to a 2006 court decision that found EPA is required under Section 304(m) of the Clean Water Act to set standards for all identified point sources of toxic and nonconventional pollutants (NRDC et al. v. EPA, 63 ERC 1267, C.D. Cal. (2006)). That ruling was upheld in 2008. Compliance with the non-numeric standards must be achieved by February 1, 2010. Sites that disturb 20 or more acres must meet the numeric standards and begin monitoring effective August 2, 2011, and sites that disturb 10 or more acres must comply beginning February 2, 2014.
'The new construction effluent limitation guidelines will be imposed through the existing stormwater program requirements under the National Pollutant Discharge Elimination System permitting program. Under the stormwater program, construction sites are considered to be point sources of pollution subject to permitting requirements. Until the construction site effluent limits were established, construction sites were to comply with permitting requirements through the installation and proper operation and maintenance of best management practices, which traditionally apply to nonpoint sources of pollution.
For more information, contact EQ’s Mike Arozarena at (800) 229-7495.
On December 31, 2009, the Environmental Protection Agency (EPA) issued interim guidance that would make acceptable levels for cleanup of dioxins in soil significantly more stringent, making good on a pledge to do so before year-end.
The interim guidance would revise “preliminary remediation goals,” or PRGs, for cleanup of dioxins in soil at superfund, brownfield, and other contaminated sites.
For residential soil, the acceptable level of 1,000 parts per trillion (ppt) would be reduced to just 72 ppt. The proposed guidance would reduce the goal for dioxins in commercial or industrial soil from the current 5,000-20,000 ppt level to 950 ppt, according to EPA.
The agency anticipates finalizing the interim guidance by June 30, 2010, and it is accepting public comment on the draft interim preliminary remediation goals for 50 days following publication.
EPA defines preliminary remediation goals as chemical-specific concentration goals for soil, sediment, water, or air, and land-use combinations at superfund, federal facilities, brownfields and Resource Conservation and Recovery Act sites. They serve as targets during initial development, analysis, and selection of cleanup alternatives, according to EPA.
For more information, contact EQ’s John Mullane at (800) 229-7495.
Ohio Environmental Protection Agency (Ohio EPA) – Division of Surface Water (DSW) has issued a draft renewal of the general National Pollutant Discharge Elimination System (NPDES) permit for the discharge of non-contact cooling water (NCCW) in the state of Ohio.
This draft permit represents a renewal of the non-contact cooling water permit issued in 2005. Facilities with a discharge of less than 5 percent of the critical low flow (7 day, 10 year low flow) of the receiving stream are eligible for coverage under this permit.
Dischargers that meet the eligibility requirements may apply for coverage under this NPDES general permit, instead of seeking coverage under an individual NPDES permit. The two primary conditions determining eligibility are: 1) the critical low flow (7Q10 flow) in the stream which will receive the discharge; and 2) ensuring that the discharge consists of only uncontaminated non-contact cooling water.
A number of significant changes have been made to the general permit for non-contact cooling water:
Ohio EPA will hold a public hearing on the draft General NPDES permit at 2:30 p.m. on March 18, 2010 at the Ohio EPA Central Office, 50 West Town Street, Suite 700, Conference Room A, Columbus, Ohio 43215.
For more information visit the Ohio EPA, Division of Surface Water, NCCW General Permit website or contact EQ's Mike Arozarena or Ken Hardesty at (800) 229-7495.
On December 30, 2009, the Environmental Protection Agency (EPA) posted action plans under the Toxic Substances Control Act (TSCA) for phthalates and three other groups of chemicals that it said have raised serious health or environmental concerns.
EPA said the action plans for the four groups of chemicals include risk management efforts and possible placement on a newly established list of chemicals of concern.
The process could lead to regulation requiring significant risk reduction measures to protect human health and the environment, the agency said.
EPA said it was taking the action as part of its effort to enhance the existing chemicals program under TSCA.
The agency had submitted action plans for pthalates, polybrominated diphenyl ethers (PBDEs), perfluorinated chemicals, chlorinated paraffins, and two other groups of chemicals to the White House Office of Management and Budget for review on December 14 (33 CRR 1247, 12/21/09).
EPA said it was placing phthalates and polybrominated diphenyl ethers (PBDEs) on its new list of chemicals of concern. The agency also is considering rulemakings to limit or ban long-chain perfluorinated chemicals and short-chain and other chlorinated paraffins.
Placing chemicals on the list “publicly signals EPA's strong concern about the risks that those chemicals pose and the agency's intention to manage those risks,” the agency said. “Once listed, chemical companies can provide information to the agency if they want to demonstrate that their chemical does not pose an unreasonable risk.”
The agency said the chemicals are used in manufacturing a wide array of products and have raised a range of health and environmental concerns. For example, phthalates, which are used to increase the flexibility, transparency, durability, and longevity of plastics, pose a concern for development of the male reproductive system, EPA said. PBDEs may pose hazards to humans, particularly children, and the environment, the agency said.
The announcement marks the first time EPA has exercised its TSCA authority to establish a chemicals of concern list, the agency said.
EPA said it is determined to use its TSCA authority “to the fullest extent possible.” At the same time, EPA said that it recognizes the 1976 law is “outdated and in need of reform.”
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On December 30, 2009, the Environmental Protection Agency (EPA) announced it will consider requiring chemical manufacturers, electric power generators and distributors, and petroleum and coal product manufacturers to assure the government of their ability to pay for superfund cleanups. EPA said it identified these industries as a first step in rulemaking under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act, which requires high-risk industries to provide financial assurance for contamination cleanup. The announcement is in response to an order from the U.S. Court of Appeals for the District of Columbia Circuit. The Sierra Club and other environmental advocates had challenged EPA's failure to ever develop or enforce Section 108(b). In February 2009, the court told EPA "to begin to identify classes of facilities to be covered under financial assurance regulations," although it stopped short of making any other ruling (Sierra Club v. EPA, N.D. Cal., No. C 08-1409, 2/25/09). Hardrock mining was the first industry named as a priority sector for fulfilling financial responsibility requirements, and EPA expects to propose a final hardrock mining rule by spring of 2011.
On October 19, 2009, EQ was awarded the Garland Creosote Remedial Action Project that is valued at $2,301,524. The contract was awarded as a subcontract to the EPA Region 6 RAC contract held by E&A Engineering Science and Technology. EQ’s task require the removal of 26,095 cubic yards of creosote contaminated soil in two phases, construction of a RCRA burial cell and burying the contaminated soil in the cell. EQ is staffing the site with 9 field personnel that consist of 5 local hires and 4 permanent EQ staff. Site work began on November 30, 2009 and is anticipated to be completed in early June 2010.
For more information contact Eric Bowman at (800) 229-7495.
Planners, Designers, Fabricators, and Operators are under pressure to develop energy-efficient and environmentally friendly systems while also being concerned with first and CapX costs and liability issues. Emerging energy-efficient systems may have less demonstrated durability and performance capabilities than the old tried-and-true technology. Engineers are being pushed to use fewer resources during construction and operation and to have minimal cradle-to-grave impact on the earth.
As part of the efforts to adopt more sustainable habits and to go green, EQ has developed a list of items that can and should be considered for every project whether it be planning, feasibility, R&D, remediation, renovation, demolition, expansion, replacement, or new.
For a comprehensive item list, visit EQ’s website at www.eqm.com for “The Challenge of Going Green” article or contact EQ’s Tom Robertson at (800) 229-5299.
On February 14, make this Valentine’s Day your most environmentally friendly ever! Here are a few “greener” ideas to some classic Valentine’s Day traditions:
Cards
Did you know that Valentine’s Day is the second largest card-giving holiday in the year behind Christmas? The U.S. Census Bureau estimates over 180 million Valentine’s Day cards are exchanged in the U.S. each year!
Try this: If you are going to give or exchange cards, look to purchase ones made from recycled paper (this will be indicated on the card). Or, if the person is out of town, consider sending them an e-card.
Flowers
Did you know Valentine’s Day is the top holiday for fresh flower purchases – especially red roses?
Try this: Purchase fresh flowers from a local producer. This supports your community’s business and means much less fuel and CO2 emissions went into your flowers getting to your special someone.
Chocolates
Did you know over 36 million boxes of chocolates are sold each year in the U.S.?
Try this: Consider buying fair-trade or organic chocolates. Fair trade products help support sustainable practices (usually in developing countries). Also, organic chocolates are produced without involving harmful chemicals.
Dinner
Did you know over 65% of American households celebrate Valentine’s Day by going on a date, exchanging cards, or buying gifts?
Try this: Make a date at a locally owned and operated restaurant, especially if they offer organic, locally grown, or vegetarian meal options.
Jewelry
Did you know the American Greetings Corporation estimates that 10% of marriage proposals happen on Valentine’s Day?
Try this: If you are going to purchase jewelry for any level of special occasion, consider estate items (pre-owned) or buying from a jeweler who offers conflict-free diamonds or is certified in sourcing products made in an ecologically and socially responsible manner.
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
For questions about EQ's capabilities, please contact
Bob McCullough or Laurie Buckman, or call (800) 229-7495.
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