Recent Regulatory Announcements

Transboundary Shipments of Hazardous Waste

The US Environmental Protection Agency has amended the regulations that govern the shipping of hazardous waste for recycling between the United States and other countries. The revisions increase the level of regulatory oversight, provide stricter controls and offer greater transparency. The final rule aligns EPA’s hazardous waste shipment regulations with the procedures of the Organization for Economic Cooperation and Development (OECD), an international consortium that comprises 30 countries including the US.

Specifically, this rule: requires US recovery facilities to submit a certificate after recovery of the waste has been completed; adds provisions to ensure that hazardous wastes are returned to the country of export in a more timely and documented manner when it is necessary to do so, and adds new procedures for imported hazardous wastes that are initially managed at US accumulation and transfer facilities to better track document subsequent recovery by a separate recycling facility. The rule also revises RCRA regulations to add export notification and consent requirements for exports of spent lead-acid batteries to any country and hazardous waste import-related requirements for US hazardous waste management facilities to confirm individual import shipments comply with the terms of EPA’s consent, and provides a new address to which export exception reports are to be sent.

Published January 8, 2010. The final rule is effective on December 29, 2009.

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Financial Assurance Requirements for Certain Industries

In an Advanced Notice of Proposed Rulemaking, EPA has identified three additional industry sectors for which it will begin the regulatory development process for any necessary financial assurance requirements: the chemical manufacturing industry; the petroleum and coal products manufacturing industry, which primarily includes refineries and not coal mines; and the electric power generation, transmission, and distribution industry. These financial assurance requirements, established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), are intended to ensure that the owners and operators of responsible facilities are able to pay for cleanup of environmental releases and help reduce the number of sites that need to be cleaned up by taxpayers through the Superfund program.

Published January 6, 2010.

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National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing

EPA is issuing national emission standards for control of hazardous air pollutants (HAP) for the Prepared Feeds Manufacturing area source category. The emissions standards for new and existing sources are based on EPA's determination of the generally available control technology or management practices for the area source category. The final rule applies to any prepared feeds manufacturing facility that produces animal feed products (not including cat and dog feed products) and uses a material containing chromium or a material containing manganese.

The final rule requires housekeeping management practices to reduce dust (use industrial vacuum, remove dust from walls and ledges, keep doors shut). A device must be installed and operated at the loadout end of each bulk loader that loads products containing chromium or manganese to lessen fugitive emissions by reducing the distance between the loading arm and the truck or railcar. Emissions from the pelleting process at facilities with an average daily feed production level exceeding 50 tons per day (tpd) must be collected and routed to a cyclone designed to achieve 95 percent or greater reduction in particulate matter (PM) emissions. Facilities can demonstrate that a cyclone is designed to achieve a 95 percent reduction in PM emissions through: (1) Manufacturer's specifications certifying that the cyclone is designed to achieve 95 percent PM reduction, (2) certification by a professional engineer or responsible official that the cyclone is designed to achieve a 95 percent reduction in PM emissions, or (3) a Method 5 performance test to demonstrate that the cyclone can achieve a 95 percent reduction in PM emissions. The rule also requires monitoring to demonstrate proper flow through the cyclone, using inlet flow rate, inlet velocity, pressure drop, or fan amperage.

Existing area source facilities are required to comply with the rule requirements no later than January 5, 2012. A new source that commenced construction or reconstruction after July 27, 2009 must comply with the rule requirements by January 5, 2010 or upon startup, whichever is later.

Published January 5, 2010. This final rule is effective on January 5, 2010.

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National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry

EPA is promulgating national emissions standards for control of hazardous air pollutants (HAP) from the chemical preparations area source category. These final emissions standards for new and existing sources reflect EPA's determination of the generally available control technology or management practices (GACT) for the source category.

Existing area source facilities subject to this final rule must comply with the rule requirements no later than December 30, 2010. New sources are required to comply with the rule requirements by December 30, 2009 or upon startup, whichever is later.

Using particulate matter (PM) as a surrogate for HAPs, the final standards for existing sources require process vent streams from chemical manufacturing processes with equipment that uses, contains or contacts target HAP to either be routed to a control device with a 95 percent PM reduction efficiency or to meet an outlet concentration of 0.03 gr/dscf, with or without control. For new sources the final standards require these process vent streams to either be routed to a control device with a 98 percent PM reduction efficiency or the process vent stream must meet an outlet concentration of 0.03 gr/dscf, with or without control. The rule exempts the chemical preparations manufacturing area source category from title V permitting requirements unless the affected source is otherwise required by law to obtain a title V permit.

Published December 30, 2009. The final rule is effective on December 30, 2009.

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Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category

EPA has published final regulations establishing Clean Water Act technology-based Effluent Limitations Guidelines and New Source Performance Standards for the Construction and Development point source category.

The rule contains a series of non-numeric effluent limitations, as well as a numeric effluent limitation for the pollutant turbidity. All construction sites will be required to meet the series of non-numeric effluent limitations, consisting of a range of erosion and sediment controls and pollution prevention measures. Construction sites that disturb 10 or more acres of land at one time will be required to monitor discharges from the site and comply with the numeric effluent limitation. EPA is phasing in the numeric effluent limitation over four years. Construction sites that disturb 20 or more acres at one time will be required to conduct monitoring of discharges from the site and comply with the numeric effluent limitation beginning 18 months after the effective date of the final rule. Construction sites that disturb 10 or more acres at one time will be required to conduct monitoring of discharges from the site and comply with the numeric effluent limitation beginning four years after the effective date of the final rule.

Published December 1, 2009. This final rule is effective on February 1, 2010, 60 days after publication.

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Previous Announcements

For information on previous regulatory actions, please contact us or follow this link to extended listings from the US Federal Register and other sources.

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