Environmental News - Regulations, Engineering & Management
U.S. EPA Proposes to Tighten Airborne Lead Standards
On May 1, 2008, the U.S. EPA announced a proposal to substantially tighten its airborne lead standards for the first time in 30 years, and plans to have its new primary standard in place by September 15, 2008. The agency is considering a revised standard of 0.10 to 0.30 micrograms of lead per cubic meter of air, maximum quarterly average, and is seeking comment on this and alternative levels within a range of less than 0.10, and up to 0.50 µg per cubic meter of air. Even the high-end figures would be a significant decrease from the existing standard of 1.5 µg per cubic meter of air. The government also is proposing increased monitoring near major sources, and near population centers of one million residents or more.
The comment period for the proposed rule ends 60 days from publication of the proposal in the Federal Register. The rule will be published in the Federal Register soon.
U.S. EPA figures suggest 16,000 (mostly small) sources currently emit a total of 1,300 tons of lead per year. However, this total is only 10 percent of levels prior to 1980. For more information, contact EQ’s Tom Robertson at (800) 229-5299.
U.S. Department of Transportation Proposes New Fuel Efficiency Standards
On April 22, 2008, the U.S. Department of Transportation proposed new Corporate Average Fuel Economy (CAFE) standards for both passenger vehicles and light trucks. The standards increase the manufacturer’s fleet average miles per gallon by 4.5 percent per year over the five-year period ending in 2015. The proposal is a 25% improvement over exceeding standards and it exceeds the 3.3% baseline standard established by Congress last year. For passenger cars, the proposal would increase fuel economy from the current 27.5 miles per gallon to 35.7 miles per gallon by 2015. For light trucks, the proposal calls for increases from 23.5 miles per gallon in 2010 to 28.6 miles per gallon in 2015. The proposal if adopted in final form will save nearly 55 billion gallons of fuel and reduce carbon dioxide emissions by approximately 521 million metric tons. Carbon dioxide (CO2) emitted from the tailpipes of motor vehicles is the natural by-product of the combustion of fuel.
The comment period for the proposed rules closes June 25, 2008. The rule will be published in the Federal Register soon. For more information, contact EQ’s Tom Robertson at (800) 229-5299.
U.S. EPA Proposes NSPS Changes
On April 22, 2008, the U.S. EPA proposed changes to the New Source Performance Standards (NSPS) for Nonmetallic Minerals Processing Plants (40 CFR Part 60, Subpart OOO). On April 28, 2008, EPA also proposed changes to the NSPS for Coal Preparation Plants (Subpart Y). The only regulated pollutant from both types of plants is particulate matter. Subpart OOO affects 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 being reduced. Repeat performance testing would be required for facilities that do not have ongoing monitoring requirements.
Subpart Y applies to facilities that dry and process more than 200 tons per day of coal. Sources affected include coal mines, power plants, cement plants, and coke manufacturing. As with Subpart OOO, the proposed changes would lower stack grain loading limits, reduce opacity limits, and add continuing testing, monitoring, and recordkeeping requirements. The changes for both NSPS apply to new or modified affected facilities commencing construction after the proposal dates noted above.
For more information, see the Federal Register notices or contact EQ’s Kent Berry at 800-229-5299 or Jeff Slayback at 800-229-7495.
U.S. Army Corps and U.S. EPA Issue Final Rule To Mitigate Loss of Wetlands
On April 10, 2008, the U.S. EPA and the U.S. Army Corps of Engineers released a final rule that sets standards to mitigate the loss of wetlands and streams.
U.S. EPA said the rule under Section 404 of the Clean Water Act improves the planning, implementation, and management of compensatory mitigation projects designed to restore aquatic resources that are affected when activities such as construction, mining, and farming disturb a half-acre or more of wetlands.
The rule also expands public participation and increases the efficiency and predictability of the mitigation project review process.
In particular, the rule emphasizes a “watershed approach” for restoring wetlands. It also provides one set of regulations for compensatory mitigation instead of the numerous separate guidance documents currently in use.
Under the rule, all compensation projects must have mitigation plans that include the same 12 fundamental components. Among other things, these include objectives, site selection criteria, site protection instruments such as conservation easements, a mitigation work plan, and a maintenance plan.
For more information, see the Federal Register notice or contact EQ’s John Miller at 800-229-7495.
Bill to Force OSHA Dust Rule Passes Committee, Heads to Full House Vote
On April 9, 2008, the House Education and Labor Committee passed legislation that would force the Occupational Safety and Health Administration (OSHA) to issue a rule regulating combustible industrial dusts.
The proposed Combustible Dust Explosion and Fire Prevention Act (H.R. 5522) would require OSHA to issue an interim rule within 90 days to regulate combustible industrial dusts, such as sugar dust, that can build up to hazardous levels in workplaces and explode. The agency would have 18 months to issue a final rule (38 OSHR 218, 3/20/08).
The legislation was introduced in the U.S. House of Representatives in March in response to the February 7 Imperial Sugar Co. refinery explosion in Georgia where 12 workers died and several more were hospitalized.
In November 2006, the U.S. Chemical Safety and Hazard Investigation Board issued a report on combustible dust incidents recommending that OSHA issue a combustible dust standard for general industry. Instead of issuing a standard, however, the agency created a national emphasis program for dust in October 2007.
U.S. Court of Appeals, Ninth Circuit, Changes Direction on Superfund Cleanup Claims
On April 17, a federal appeals court overturned a decade-long precedent holding that potentially responsible parties under Superfund who voluntarily incur cleanup-related costs should not file contribution claims under either Section 107(a) or 113(f); instead they should file claims for cost recovery under Section 107(a) (Kotrous v. Goss-Jewett Co., 9th Cir., No. 06-15162, 4/17/08; and Adobe Lumber Inc. v. Hellman, 9th Cir., No. 06-16019, 4/17/08).
In its decision, the U.S. Court of Appeals for the Ninth Circuit aligned itself with a ruling issued by the U.S. Supreme Court in 2007, in which the high court said the Superfund law authorizes cost-recovery claims for private parties that voluntarily clean up contaminated sites (United States v. Atlantic Research Corp., 127 S. Ct. 2331, 64 ERC 1385 (2007)).
U.S. EPA Issues More Than $74 Million in Grants To Redevelop Contaminated Industrial Sites
The U.S. EPA is issuing more than $74 million in brownfields grants in fiscal year 2008 to help revitalize former industrial and commercial sites.
According to the agency, 209 applicants were selected to receive 194 assessment grants totaling $38.7 million, 108 cleanup grants totaling $19.6 million, and 12 revolving loan grants totaling $15.7 million. They represent communities in 43 states, two tribes, and two U.S. territories.
The U.S. EPA received 845 grant applications.
Last year, U.S. EPA awarded $70.7 million in brownfields grants.
Canadian Health Minister Proposes to Ban Bisphenol A in Polycarbonate Baby Bottles
On April 18, Canada’s Health Minister Tony Clements announced that Canada will ban the use of bisphenol A in polycarbonate baby bottles but will not take action on use of the chemical in products used by adults.
The action is based on the results of a draft toxicity assessment of bisphenol A.
“Based on the results of our recently completed assessment, I am proposing precautionary action,” Clements said. “Canada will be the first country in the world to take such action.”
The assessment of bisphenol A, conducted under the Canadian Environmental Protection Act, found that most Canadians need not be concerned about their exposure to the chemical, as its negative health effects occur at much higher levels than Canadians' current exposure, Clement said.
U.S. EPA Lowers National Ozone Standards
On March 27, 2008, U.S. EPA published final revisions to the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. The new primary and secondary 8-hour ozone standards are now 0.075 parts per million (ppm), which replaces the existing standard of 0.08 ppm set in 1997. These new standards are not as stringent as recommended by U.S. EPA’s Clean Air Scientific Advisory Committee, which has resulted in criticism on some fronts. This group unanimously recommended a standard of between .060 and .070 ppm in 2007.
The revised standards will set off a number of U.S. EPA and state requirements and actions – first and foremost, the revised standards will affect the designation of areas as attainment or nonattainment. The U.S. EPA has published a list of 345 U.S. counties that, based on 2004-2006 data, would violate the new standards. This is roughly three times as many counties as violate the current standards (based on the same years). Final nonattainment designations will be based on 2006-2008 or later data, which should improve the projected number nonattainment areas.
States have until June 2009 to make area attainment/nonattainment designation recommendations to U.S. EPA, and U.S. EPA has until June 2010 to issue final area designations. Nonattainment areas will be subject to more stringent New Source Review requirements for major new or modified sources of ozone precursors (e.g., emission offsets). States will be asked to submit, no earlier than 2013, State Implementation Plans (SIPs) describing the control measures needed to attain the new standards. U.S. EPA will publish separate rules that outline the SIP submittal deadline, as well as deadlines for areas to come into compliance with the new standards, based on the severity of the nonattainment.
For more information, see the Federal Register notice or contact EQ’s Kent Berry at 800-229-5299 or Jeff Slayback at 800-229-7495.
California: June 2008 Deadline for Determining How to Reduce Greenhouse Gas Emissions to 1990 Levels by 2020
By the end of June 2008, the State of California must prepare a "draft scoping plan" indicating how it proposes to reduce its greenhouse gas (GHG) emissions to 1990 levels by 2020 (as required by Assembly Bill 32 passed in September 2006). The State has identified the total in-state emissions in 1990 and has identified the current quantities of GHG by sector. Expressed in metric tons/year of CO2 equivalents, the transportation sector accounts for 38% of emissions, electrical power generation is 25%, industry is 20%, and agriculture and forestry combined is less than 7%. The draft scoping plan will propose how the state will regulate and/or provide incentives for each sector, including direct regulations, alternative compliance mechanisms (such as car pool lanes, mass transit, etc.), monetary and non-monetary incentives, voluntary actions, and market-based mechanisms such as a cap-and-trade system. The final scoping plan will be submitted to the California Air Resources Board in November 2008.
Assembly Bill 32 also required the State to identify "discrete early action" measures by June 30, 2007, which could be adopted and enforced by 2010 for easy, early measures to reduce GHGs. Such measures include: setting a standard for low carbon fuels; landfill methane capture; restrictions on high global warming potential (GWP) refrigerants; perfluorocarbon (PFC) reduction from semiconductor manufacturing; sulfur hexafluoride (SF6) reductions in the non-electric sector; reduction of high GWP GHGs in consumer products; aerodynamic efficiencies in truck design; and mandatory checks of tire inflation at auto service shops. The State is now in the process of developing enforceable regulations.
For more information, contact EQ’s Tom Robertson at 800-229-5299.
Ohio EPA Issues New RCRA Closure Plan Review Guidance
On March 3, 2008, Ohio EPA’s Division of Hazardous Waste Management (DHWM) issued a revised version of the Closure Plan Review Guidance (CPRG) for RCRA Facilities. The CPRG indicates how Ohio EPA generally expects to exercise its discretion in implementing the hazardous waste closure program. It is primarily used to assist technical staff with their evaluation of closure plans for hazardous waste management facilities. Facility owners and/or operators may also find it helpful in preparing closure plans for DHWM review.
The major revisions to the document include the following: information in Chapter 1 which reflects internal administrative changes (this will not change how closure plans should be submitted); additional information in Chapter 3 concerning decontamination efforts, confirmation sampling, composite vs. discrete sampling, and use of historical data; and removal of certain appendices containing historical documents or documents that DHWM is not revising and can be found on-line.
For more information, visit the Ohio EPA website or contact EQ’s Judy Stroeh at 800-229-7495.
Ohio EPA Prohibits Lead Acid Batteries in All Landfills
On April 25, 2008, a new Ohio law will become effective that prohibits the disposal of lead acid batteries in solid or hazardous waste landfills. The law is intended to ensure that all spent lead acid batteries are recycled in Ohio. The law also requires wholesalers and retailers of lead acid batteries to take old batteries for recycling when new batteries are purchased. Batteries that are covered by the law include batteries used in vehicles, motorcycles, wheelchairs, boats, or other forms of motive power. The law exempts batteries used in consumer products such as computers, electronic games, telephones, radios, and similar electronics.
For more information, visit the Ohio EPA website or contact EQ’s Judy Stroeh at 800-229-7495.
New Chinese Law Will Hold Companies, Officials Financially Liable for Water Pollution
On February 28, 2008, China's national legislature passed a major new law that holds companies and company officials financially liable for water pollution and toxic spills. The new law shifts economic liability for actual damage and cleanup costs to corporate polluters for the first time.
Companies will now be held liable for 30% of any direct economic losses caused by industrial pollution in “serious” cases, and for 20% of damages in “medium” cases of water pollution, according to a notice posted by the Ministry of Water Resources.
In the past, company officials faced only administrative penalties largely unrelated to the severity of the pollution caused by their companies. Industrial polluters were typically fined with little bearing to the size of the damage or cost of cleanup required.
Industrial pollution in China affects many of the country's waterways and lakes and much of its coastline, according to a February 2007 World Bank report, Cost of Pollution in China: Economic Estimates of Physical Damages.
Many Companies Still Not Prepared for European Union’s REACH Regulation
Despite a December 1, 2008 deadline to preregister chemicals under the European Union’s Registration, Evaluation, and Authorization of Chemicals (REACH) regulation, awareness of REACH is low, especially among North American companies, according to a survey released March 11 by PricewaterhouseCoopers.
Under REACH, all manufacturers and importers that conduct business with the European Union and produce or import 1 tonne or more per year per substance per company must register their chemicals with the European Chemicals Agency and provide health and safety data on each substance. Special focus is being placed on substances of very high concern (e.g., carcinogens, mutagens, endocrine disruptors, and reproductive toxins). These chemicals may require further evaluation and ultimately authorization for use, if a suitable alternative cannot be found.
If a company fails to pre-register, it cannot continue manufacturing, supplying or importing until it has submitted a full REACH registration.
Public Concerns Over Industrial Stormwater Discharges into Lake Michigan May Lead to Changes in State Antidegradation Rule
Following on the heels of recent public concern over industrial stormwater discharges into Lake Michigan, the Indiana Department of Environmental Management (IDEM) is considering revising its state antidegradation rule to help applicants and the public better understand the permitting process.
IDEM’s new Antidegradation Rulemaking Workgroup held a kickoff meeting on March 7 to provide information about the federal framework and the state process and to discuss the next steps for the development of an antidegradation rule.
This potential change was recommended in an independent review of the BP Whiting Refinery’s stormwater permit, undertaken at the request of Indiana Governor Mitchell Daniels in December 2007 by a law professor at the Indiana University School for Public and Environmental Affairs (SPEA).
The independent review recommends that IDEM revise the regulation to clarify:
- when an antidegradation demonstration must be submitted by an applicant seeking permission for an increase in its discharge to the Lake
- the required content for such a demonstration
- the legal standard by which the adequacy of the demonstration will be evaluated
- the process by which the public can comment on the demonstration before the agency makes its decision concerning it in the draft permit.
For more information, visit the IDEM website.
U.S. Chemical Safety and Hazard Investigation Board Strained By Large Number of Workplace Explosions
The U.S. Chemical Safety and Hazard Investigation Board (CSB) does not have the resources to investigate every major chemical accident.
CSB will not be investigating the February 17 explosion at Pacific States Cast Iron Pipe Co., a subsidiary of McWane Inc., that injured 11 people in South Provo, Utah, nor will it be investigating the February 18 explosion at the Alon USA Energy Inc. refinery in Big Spring, Texas, that injured four workers, according to a board spokesperson.
CSB currently has nine open investigations, including the Imperial Sugar Co. explosion on February 7 in Port Wentworth, Ga., which killed 12 workers, and the T2 Laboratories Inc. explosion on December 19, 2007 in Jacksonville, Fla., which killed four.
CSB currently has about 20 investigators. It has requested funding of $10.6 million in fiscal year 2009 – an increase of $1.3 million over its fiscal 2008 budget. The request would allow the board to hire three new accident investigators and to continue the board’s safety video program.
In 2007, there were more than 30 accidents that could have warranted a CSB investigation, but the board only had resources to investigate eight incidents.
House Bill Would Force OSHA Dust Rule
Legislation introduced March 4 in the U.S. House of Representatives would force the Occupational Safety and Health Administration to issue rules regulating combustible dust within 90 days.
The Combustible Dust Explosion and Fire Prevention Act of 2008 (H.R. 5522) was introduced by Reps. George Miller (D-Calif.) and John Barrow (D-Ga.) in response to the February 7 Imperial Sugar Co. refinery explosion in Georgia where 12 workers died and several more were hospitalized.
Miller, chairman of the House Education and Labor Committee, plans to convene a full committee hearing March 12 on the risks of dust explosions in work sites and the lack of a federal standard.
In November 2006, the U.S. Chemical Safety and Hazard Investigation Board issued a report on combustible dust incidents recommending that OSHA issue a combustible dust standard for general industry. Instead of issuing a standard, however, the agency created a national emphasis program for dust in October 2007.
Clean Air Mercury Rule Vacated
On February 8, 2008, the U.S. Court of Appeals for the District of Columbia Circuit ruled that U.S. EPA is required to regulate mercury emissions from all coal-fired electric utility steam generating units (EGUs). This decision vacates EPA’s Clean Air Mercury Rule (CAMR), a cap and trade system for mercury emissions issued in 2005. The new ruling states that EPA must establish National Emissions Standards for Hazardous Air Pollutants (NESHAP) for power plants. These limits would be based on maximum achievable control technology (MACT). According to the plaintiffs in the February 8 ruling, this could result in a 90 percent reduction of emissions within three years of the issuance of the NESHAP. CAMR was expected to reduce mercury emissions by about 70 percent over the next 20 years. In 2000, power plants were added to the list of sources to be covered under the NESHAP Program, but they were controversially removed from that list in 2005 with the finalization of CAMR. For more information, see the decision or contact EQ’s Sheri Bussard at (800) 229-7495.
U.S. Becoming More Open to Discussing Mandatory Cuts on Global Greenhouse Gas Emissions
A U.S.-sponsored conference in Hawaii on January 30 and 31, 2008 brought together 16 of the world’s major economic powers, the United Nations, the European Union, and the European Commission to discuss possible mandatory cuts on global greenhouse gas emissions. Although no agreements were made, the U.S. is considering proposals from the European Union, Japan, and Canada to at least halve emissions by 2050 (from 1990 levels). The European Union has already pledged to reduce emissions 20 percent by 2020. This was the second round of the Major Economies Meeting on Energy Security and Climate Change; the first was hosted by the U.S. in Washington, D.C. in September 2007. The next meeting is anticipated in France in April 2008. The Major Economies group is expected to provide support for a new post-Kyoto Protocol climate agreement, which is in process.
At the UN Climate Change conference, held in Bali, Indonesia in December 2007, parties to the Kyoto Protocol (including the U.S. and more than 180 other nations) agreed to complete negotiations by the end of 2009 on a new climate agreement to succeed the first commitment period under the Kyoto Protocol, which ends in 2012.
Ohio EPA Delays Launch of New Online Air Services Software
Ohio EPA’s Division of Air Pollution Control (DAPC) has delayed the launch of its new, secure portal for on-line submittals of reports, permit applications, and annual fees until June 30, 2008. This software, called e-Business Center Air Services, had been slated to launch on March 3, 2008. As a result, Title V Fee Emissions Reports (FER), Emissions Inventory Summaries (EIS), and Emissions Statements (ES) must be submitted by June 6, 2008 using the STARShip software. Other STARShip files will be accepted by Ohio EPA through close of business on June 13, 2008. After that date, all submittals must use Air Services, which is replacing STARShip. For more information, visit the Ohio EPA website or contact EQ’s Sheri Bussard at (800) 229-7495.
Ohio EPA Extends Annual Fee Reporting Deadline for Title V and Synthetic Minor Facilities To Accommodate New On-Line Submittal Portal
Ohio EPA’s Division of Air Pollution Control (DAPC) has extended the annual fee reporting deadline from April 15 to June 1, 2008 to accommodate the launch of a new, secure portal for on-line submittals of reports, permit applications, and annual fees. Called “Air Services,” this portal will be available for use beginning March 3, 2008 and will replace the existing STARShip program. Until close of business on February 8, 2008, Title V facilities may continue to use STARShip, and Synthetic Minor facilities may submit hard copies for fee reporting. Any STARShip files or hard copy Synthetic Minor fee reports received after February 8 will not be accepted. The responsible official at each site must request a PIN from Ohio EPA by filling out a request form and having it notarized. Once the PIN is issued, the responsible official must request access to their facility data, and delegate privileges to other users, such as employees or consultants. For more information, visit Ohio EPA’s website or contact Sheri Bussard at (800) 229-7495.
EPA Issues Rule to Reduce Mercury Releases from Steel Manufacturing Facilities
On December 20, 2007, U.S. EPA issued new air emission standards that will reduce mercury releases from steel manufacturers using electric arc furnaces. The rule targets facilities that are considered “area sources” of hazardous air pollutants (HAPs) (e.g., emit less than 10 tons per year of any single HAP or 25 tons per year of total HAPs). The new standard requires these steel-making facilities to buy motor vehicle scrap from providers that participate in an EPA-approved program for the removal of mercury switches from vehicles before they are flattened, shredded and melted to make new steel. The switches were used for lighting in hoods and trunks and in some anti-lock braking systems of many vehicles manufactured prior to 2003.
The standards will prevent the release of about five tons of mercury in to the air each year. In addition, the rule will reduce emissions of other toxic metals such as lead, manganese, nickel and chromium by about 52 tons per year and particulate emissions by about 865 tons per year.
For more information, please see the Federal Register notice, visit the following U.S. EPA websites (http://www.epa.gov/mercury/switch.htm or http://www.epa.gov/ttn/oarpg/t3/fact_sheets, or contact Steve Felton at (800) 229-5299.
Ohio EPA Proposes to Extend Air Emission Fee Reporting Deadline
The Ohio EPA Division of Air Pollution Control (DAPC) is proposing to make changes to the Ohio Administrative Code (OAC) related to emissions reporting. The draft rules extend the annual reporting deadline from April 15, 2008 to June 1, 2008. The extension is necessary to accommodate the use of Ohio’s new web-based fee reporting system. More information on the new system will be published on Ohio EPA’s website as it becomes available.
SPCC Plan Deadline Extended to July 1, 2009
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.