February 22, 2010, the U.S. EPA Administrator issued a letter to eight US Senators announcing plans to defer prevention of significant deterioration (PSD) and Title V air permitting for greenhouse gases (GHG’s) – see the November 2009 issue of the EQ newsletter.
In the letter, the Administrator outlines several of the decisions she has made for 2010-2011:
For further information, refer to the full text of the letter or contact EQ’s Kent Berry at (800) 229-5299
On February 11, 2010, the U.S. Environmental Protection Agency (EPA) proposed an additional stay of a Bush Administration rule published on December 19, 2008 (see January 2009 e-newsletter) regarding inclusion of fugitive emissions in determining the applicability of New Source Review (NSR) rules for major sources being modified. The December 2008 rules changed previous rules under the Prevention of Significant Deterioration (PSD) and Nonattainment NSR (NNSR) program by limiting the inclusion of fugitive emissions only to modified sources in 28 named source categories. The February 11 notice proposed to continue indefinitely an existing stay that reinstated the previous provisions on a temporary basis pending further rulemaking. During the stay, fugitive emissions must be included, to the extent quantifiable, in determining whether PSD or NNSR applies to modifications for all types of sources, not just the 28 named source categories.
For further information, refer to the Federal Register notice or contact EQ’s Kent Berry at (800) 229-5299 or Jeff Slayback at (800) 229-7495.
On February 11, 2010, the U.S. Environmental Protection Agency (EPA) proposed two actions which would end EPA’s 1997 policy that allows sources and permitting authorities to use a demonstration of compliance with the prevention of significant deterioration (PSD) requirements for particulate matter less than 10 micrometers (PM10) as a surrogate for meeting the PSD requirements for particulate matter less than 2.5 micrometers (PM2.5). First the EPA is proposing to repeal the “grandfathering” provision for PM2.5 contained in the Federal PSD program (which affects very few sources and States). Second, EPA is proposing to end early the PM10 Surrogate Policy applicable in States that have an approved PSD program in their State Implementation Plan (“SIP-approved States”).
In a May 16, 2008 rule on implementing New Source Review (NSR) requirements for PM2.5, EPA allowed States with SIP-approved PSD programs to continue to implement the PM10 Surrogate Policy until May 2011, by which time the States were required to revise their NSR programs to apply PSD requirements specifically to PM2.5. These requirements include applying Best Available Control Technology (BACT) to direct PM2.5 emissions and PM2.5 precursors and demonstrating compliance with the PM2.5 NAAQS. The February 11 notice proposes to end this transition period before May 2011, but does not propose a specific date.
For further information, refer to the Federal Register notice or contact EQ’s Kent Berry at (800) 229-5299 or Jeff Slayback at (800) 229-7495.
Effective January 20, 2010, the U.S. Environmental Protection Agency (EPA), with the exception of Region 4, has extended the National Pollutant Discharge Elimination System (NPDES) general permit for Stormwater Discharge Associated with Construction Activities modification made in 2008. The 2008 construction general permit (2008 CGP) was originally established for 2 years with an expiration date of June 30 2010, however, the EPA has extended the expiration date to June 30, 2011, adding an additional year to the permit. EPA Region 4 continues to operate under a Regional-specific permit.
For more information, contact EQ’s Mike Arozarena at (800) 229-7495.
On January 10, 2006 The U.S. Environmental Protection Agency (EPA) issued a new Lead Renovation, Repair and Painting rule (RRP).The new regulation were established in order to protect children from lead-based paint hazards that can result from renovation work.
The rule requires firms and individuals involved in interior and exterior renovation repair and painting to be certified by April 2010 and follow specific lead-safe work practices to minimize exposure to lead-based paint dust. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.
For more information, contact EQ’s John Kominisky CIH at (800) 229-7495.
On February 17, 2010, the U.S. Environmental Protection Agency (EPA) announced a final rule that will reduce emissions of toxic air pollutants from existing diesel powered stationary reciprocating internal combustion engines (RICE). The final rule will control emissions of air toxics such as formaldehyde, acetaldehyde, acrolein, methanol from diesel engines that:
Operators of subjected stationary diesel engines will be required to:
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On February 2nd a federal magistrate ruled in favor of the Sierra Club suit against Ohio Environmental Protection Agency (EPA) charging they had violated the Clean Air Act by relaxing EPA-approved State Implementation Plan requirements to apply best available technology (BAT) for new and modified sources of air pollution. Ohio EPA’s revised BAT requirements took effect December 6, 2006 following passage of State Senate Bill 265. The new requirements effectively exempted new and modified sources of less than 10 tons per year of any pollutant from having to employ BAT. Prior to SB 265 and revision of OAC rule 3745-31-05, BAT basically applied to all sources that emitted or had the potential to emit greater than 10 pounds per day of any pollutant – below that threshold the source is considered de minimis and exempt from all requirements. In January 2008, Ohio EPA requested a SIP revision, however, U.S. EPA found the request incomplete and has not approved the request. The Court agreed with the Sierra Club that Ohio EPA changed their BAT requirements and began issuing permits relying on the higher emission exemption threshold without going through the formal SIP approval process, and has ordered Ohio EPA to stop further implementation of the 10 tons per year BAT exemption. Ohio EPA has stopped issuing permits relying on the higher exemption threshold and is considering further submittals to U.S. EPA for SIP approval.
For further information, contact Jeff Slayback at (800) 229-7495.
In a December 10, 2009, policy memo, the Director of North Carolina’s Division of Air Quality issued several decisions related to New Source Review (NSR) permits for PM2.5. First, the PM10 Surrogate Policy (see above article on EPA PM10 Surrogate Policy) was ended and major new or modified sources are now required to demonstrate compliance with the PM2.5 NAAQS and apply (Best Available Control Technology)BACT to primary PM2.5 and pollutants determined to be PM2.5 precursors (SO2 and NOx). The significant emission rates for PM2.5, SO2, and NOx for modified sources were set at 10, 40, and 200 tons per year, respectively.
PM2.5 NAAQS demonstrations are to be based on primary PM2.5 emissions from the source only (SO2 and NOx emissions and off-site PM2.5 sources need not be considered at this time).
For further information, contact EQ’s Kent Berry at (800) 229-5299
On January 12, 2010, California’s Office of Administrative Law (OAL) approved the state’s Low Carbon Fuel Standard (LCFS) for implementation as a an early action greenhouse gas emission reduction measure under the California Global Warming Solutions Act of 2006 (A.B. 32).By gradually lowering the carbon content of fuel mixes, with a goal of a 10% reduction by 2020, the OAL hopes to reduce the carbon intensity of transportation fuels. Regulated parties much begin complying with reporting requirements in 2010.
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On April 15, 2010, the U.S. Environmental Protection Agency (EPA) is expected to sign a proposed rule that will identify which secondary materials are solid wastes when burned in combustion units. “Secondary materials” refers to materials that are not the primary product of a manufacturing or commercial process, and include both consumer and industrial materials that are no longer used for their original purpose. (Note: EPA will also be proposing on this same date the emission standards rules under Clean Air Act section 112 and 129 authority. However, the focus of this article is on the identification of which secondary materials are solid wastes when combusted.)
In the rule, used tires are one of the many secondary materials used for energy that the Agency is assessing; other materials include used oil, coal refuse, glycerin, bailed plastic, pet coke, sewage sludge and biomass (pulp and paper residuals, forest derived materials, agricultural residues, food scraps, and animal manure). The units that burn these secondary materials include large industrial, commercial and institutional boilers, cement kilns and power plants. EPA estimates there are approximately 136,000 units across the country that combust secondary materials as a substitute for fossil fuels, such as oil, gasoline, diesel fuel, coal or natural gas.
The rule will clarify which combustion units will be subject to specific air emission standards. Specifically:
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On January 27, 2010, The U. S. Environmental Protection Agency (EPA) contracted EQ to conducted remedial action activities associated with PCB contamination at Isley Field, Saipan. Saipan is the largest island of the United States Commonwealth of the Northern Mariana Islands. EQ personnel will perform a variety of tasks at the site, including: material packing and overpacking, sampling, transportation and disposal of PCB contaminated materials, preplanning, etc.
For additional information, contact Ron McManamy at (425) 673-2900.
EQ’s Mike Arozarena and Julie Wagner will be presenting at the 19th Annual MEC Environmental Symposium in Cincinnati at the Duke Energy Center on March 24 and 25, 2010.
Mr. Arozarena’s session, from 3:30 p.m. to 4:45 p.m. on Wednesday, March 24, is titled “SPCC Regulations Update & New Tank Integrity Testing Requirements…Best Management Practices to Prepare for the November 10, 2010 Deadline.” This interactive presentation will communicate how to cost-effectively comply with the new aboveground storage tank integrity testing requirements by the November 10, 2010 deadline. Regulatory requirements and available tank testing standards will be presented as well as instructions on how to perform the testing including a demonstration using the most up-to-date instrumentation.
Ms. Wagner’s session, from 8 a.m. to 9:15 a.m. on Thursday, March 25 is titled “Impacts of Proposed Climate Change Legislation on Energy, Environmental, and Regulatory Management & Compliance with the Mandatory GHG Reporting Rule with First Reports Due in 2011.” This presentation highlights recent climate change legislation developments as well as the potential effects and consequences of cap and trade policies. These developments include implementation of the new GHG rule and mechanisms for emissions quantification, monitoring and data collection as well as insights to the ongoing changes in Washington presented by Ms. Janet McCabe from U.S. EPA’s Office of Air & Radiation.
For more information, contact EQ’s Mike Arozarena or Julie Wagnerat (800) 229-7495. Further details pertaining to the MEC Symposium can also be found on their website.
EQ welcomes John Irvine to our Pittsburgh office. John has over 14 years of experience in environmental compliance, permitting, and safety management for the metals and plastics industries. He is also experienced in multi-plant environmental compliance and health and safety coordination and management.
EQ has contracted the services of John Lawson to provide full-time engineering to assist the industrial wastewater and storm water groups. John brings 20 years of wastewater, engineering, and consulting experience to the EQ office.
To learn more about John Irvine and John Lawson and their growing areas of practice, please refer to their resumes on EQ’s website.
We all hear the question “Paper or plastic?”nearly every time we enter the checkout line at the grocery store. So which type of bag do you use to be kind to the environment? Paper?...or Plastic? Well, actually the answer is neither - but you have options.
Did you know 12 million barrels of oil are required to produce the plastic bags used by Americans each year? To add insult to injury, each bag will take 500 years to decompose once it is in the landfill. So, if you do use plastic bags, try reusing them as trashcan liners or for picking up pet waste. Most big grocery stores provide plastic bag recycling barrels as well. Gather your plastic bags and drop them off for recycling next time you go to the grocery store.
What about paper? The unfortunate truth is that making paper bags requires more energy and creates more pollution than making plastic bags. If you do get paper bags, just like plastic bags, try to reuse or recycle them.
There are alternatives to paper and plastic grocery bags. Most stores now provide fabric bags for a small cost. Try keeping some of these bags folded up in your purse, briefcase, or trunk of your car. Take them with you to the grocery store and you won’t have to make the choice of paper or plastic ever again!
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
Jerry Day or Laurie Buckman, or call (800) 229-7495.
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