Featured Regulatory News
Amendments to Spill Prevention, Control and Countermeasure Plan Requirements
Revisions to federal Oil Spill Prevention and Response requirements, including streamlined compliance options for certain facilities, became effective on February 26, 2007. These changes lightened the burden of compliance with rule revisions promulgated in July 2002. Under current provisions, most facilities must revise their SPCC Plans to conform to the 2002 requirements by October 31, 2007. EPA has proposed to extend this compliance deadline to July 1, 2009. Following are the substantive changes included in this latest round of amendments...
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Primary Drinking Water Regulations for Lead and Copper
Effective December 10, 2007, EPA is finalizing seven targeted regulatory changes to the National Primary Drinking Water Regulations (NPDWR) for lead and copper. This final rule modifies the Lead and Copper Rule (LCR) in the following areas: monitoring, treatment processes, public education, customer awareness, and lead service line replacement. These changes are intended to provide more effective protection of public health by reducing exposure to lead in drinking water.
The rule changes affect public water systems (including privately owned water supply systems) that are classified as either community water systems or non-transient non-community water systems. The compliance date for the rule provisions is 180 days after the promulgation date of October 10, unless the primacy State has not adopted this rule by that time. In that case, compliance with this final rule is required by the earlier of either the State's adoption of the rule, or two years after December 10, 2007.
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Procedures for Implementing the National Environmental Policy Act
Effective October 19, 2007, EPA amended its procedures for implementing the requirements of the National Environmental Policy Act of 1969 (NEPA). The rule change also includes minor, technical amendments to the Agency's procedures for implementing Executive Order 12114, Environmental Effects Abroad of Major Federal Actions.
The rule amends NEPA implementation procedures by: consolidating and standardizing the procedural provisions and requirements of the Agency's environmental review process under NEPA; clarifying the general procedures associated with categorical exclusions, consolidating the categories of actions subject to categorical exclusion, and amending existing and adding new categorical exclusions; consolidating and amending existing and adding new extraordinary circumstances; consolidating and amending the listing of actions that generally require an environmental impact statement; clarifying the procedural requirements for consideration of applicable environmental review laws and executive orders; and incorporating other revisions consistent with the Council on Environmental Quality's regulations.
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Proposed National Emission Standards for Iron and Steel Foundries
On September 17, 2007, EPA proposed national emission standards for hazardous air pollutants for two area source categories (iron foundries and steel foundries). The proposed requirements for the two area source categories are combined in one subpart. The proposed rule establishes different requirements for foundries based on size. Small iron and steel foundries would be required to comply with pollution prevention management practices for metallic scrap, the removal of mercury switches, and binder formulations. Large iron and steel foundries would be required to comply with the same pollution prevention management practices as small foundries in addition to emissions limitations for melting furnaces and foundry operations. EPA also proposed two alternatives: One alternative would set a higher size threshold for large foundries. The second alternative proposes that all iron and steel foundries comply with the pollution prevention management practices for metallic scrap, the removal of mercury switches, and binder formulations.
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Proposed Emission Standards for Area Sources Engaged in Paint Stripping and Surface Coating Operations
On September 17, 2007, EPA proposed national emission standards for hazardous air pollutants for area sources engaged in paint stripping and miscellaneous surface coating operations. EPA has listed Paint Stripping, Plastic Parts and Products Surface Coating, and Autobody Refinishing Paint Shops as area sources of hazardous air pollutants that contribute to the risk to public health in urban areas under the Integrated Urban Air Toxics Strategy. These three source categories have been combined under one set of standards. Paint stripping operations subject to the standards being proposed include the use of methylene chloride-containing chemicals to remove paint and other coatings. Plastic parts and products surface coating operations include the application of coatings to miscellaneous parts and/or products made of metal or plastic, or combinations of metal and plastic. Autobody refinishing includes the application of coating to motor vehicles and mobile equipment.
These proposed standards, when final, would require all methylene chloride (MeCl) containing paint stripping and miscellaneous surface coating operations at area sources to comply with equipment requirements and/or management practices that minimize specific hazardous air pollutant emissions. The standards would also establish training requirements for persons who spray apply coatings. These standards, when final, would apply to all area sources that perform methylene chloride-containing paint stripping and miscellaneous surface coating activities, except when other national emission standards apply.
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Flexible Air Permitting Rule Proposal
EPA has proposed to revise the regulations governing State and Federal operating permit programs required by title V of the Clean Air Act and New Source Review (NSR) programs. These proposed actions are based, in large part, on efforts to develop flexible air permitting approaches that provide greater operational flexibility and at the same time ensure environmental protection and compliance with applicable laws.
The September 12, 2007, proposal clarified how alternative operating scenarios can often be permitted in the regulatory framework of existing operating permit programs. The proposed revisions also add major NSR requirements for Green Groups, which allow future changes to occur within a group of emissions activities, provided that they are ducted to a common air pollution control device which is determined to meet best available control technology (BACT) or lowest achievable emission rate (LAER), as applicable, and that they will comply with all relevant ambient requirements.
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National Emission Standards for Petroleum Refineries
On September 12, 2007, EPA proposed amendments to the national emission standards for petroleum refineries to address the risk remaining after application of the 1995 standards. This action also addressed the results of EPA's 8-year review of developments in practices, processes, and control technologies that have occurred since the time EPA adopted the emissions standards. The action proposed two options for both wastewater treatment systems and storage vessels. For wastewater treatment systems, the first option would not require any additional controls as necessary to address residual risk or under the technology review. The second option would require refineries to apply new or additional requirements for wastewater treatment systems. For storage vessels, the first option would also not require any additional controls as necessary to address residual risk or under the technology review and the second option would require refineries to apply new or additional requirements for storage vessels. EPA also proposed two options for amendments to add emissions standards for cooling towers.
Comments on the proposal are due by November 5, 2007.
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Extension of Compliance Deadlines for Concentrated Animal Feeding Operations
This rule extended certain compliance dates for the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards for concentrated animal feeding operations (CAFOs). The date by which operations defined as CAFOs as of April 14, 2003, that were not defined as CAFOs prior to that date, must seek NPDES permit coverage, has been extended from July 31, 2007, to February 27, 2009. The date by which operations that become defined as CAFOs after April 14, 2003, due to operational changes and that are not new sources must seek NPDES permit coverage has been extended from July 31, 2007, to February 27, 2009. Finally, EPA extended the deadline for permitted CAFOs to develop and implement Nutrient Management Plans from July 31, 2007, to February 27, 2009.
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National Emission Standards for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving
EPA has issued national emissions standards for hazardous air pollutants for seven area source categories. The final emissions standards and associated requirements for two area source categories (Flexible Polyurethane Foam Production and Flexible Polyurethane Foam Fabrication) have been combined in one subpart. These final rules include emission standards that reflect the generally available control technologies or management practices in each of these area source categories.
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National Ambient Air Quality Standards for Ozone
On July 11, 2007, EPA proposed to revise the primary and secondary national ambient air quality standards (NAAQS) for ozone. EPA proposed to revise the 8-hour primary standard to a level within the range of 0.070 to 0.075 parts per million (ppm). EPA also proposed to specify the level of the primary standard to the nearest thousandth ppm. EPA solicited comment on alternative levels down to 0.060 ppm and up to and including retaining the current 8-hour standard of 0.08 ppm (effectively 0.084 ppm using current data rounding conventions).
EPA proposed to revise the current 8-hour secondary standard with one of two options. One option was to replace the current standard with a cumulative, seasonal standard expressed as an index of the annual sum of weighted hourly concentrations, cumulated over 12 hours per day (8 a.m. to 8 p.m.) during the consecutive 3- month period within the ozone season, with the maximum index value set at a level within the range of 7 to 21 ppm-hours. The other option was to make the secondary standard identical to the proposed primary 8-hour standard. The EPA solicited comment on specifying a cumulative, seasonal standard in terms of a 3-year average of the annual sums of weighted hourly concentrations; on the range of alternative 8-hour standard levels for which comment is being solicited for the primary standard, including retaining the current secondary standard, which is identical to the current primary standard; and on an alternative approach to setting a cumulative, seasonal secondary standard(s).
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Suspension of Rule for Cooling Water Intake Structures
On July 9, 2007, EPA suspended the requirements for cooling water intake structures at Phase II existing facilities, pending further rulemaking. The Phase II regulation addressed existing power utilities that use a cooling water intake structure to withdraw cooling water from waters of the United States at a rate of 50 million gallons per day (MGD) or greater.
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Emission Standards for New Nonroad Spark-Ignition Engines
EPA has proposed emission standards for new nonroad spark-ignition engines that will substantially reduce emissions from these engines. The proposed exhaust emission standards would apply in 2009 for new marine spark-ignition engines, including first-time EPA standards for sterndrive and inboard engines. The proposed exhaust emission standards would apply starting in 2011 and 2012 for different sizes of new land-based, spark-ignition engines at or below 19 kilowatts (kW), used primarily in lawn and garden applications. In this May 18, 2007, rulemaking, EPA also proposed evaporative emission standards for vessels and equipment using any of these engines.
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Revisions to Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and National Emission Standards for Hazardous Air Pollutants for Source Categories to Allow Extensions to Deadlines for Performance Testing
Effective May 16, 2007, these revisions to the General Provisions for Standards of Performance for New Stationary Sources, for National Emission Standards for Hazardous Air Pollutants, and for National Emission Standards for Hazardous Air Pollutants for Source Categories to allow for extensions to the deadline imposed for source owners and operators to conduct an initial or subsequent performance test required by applicable regulations. The General Provisions do not currently provide for extensions of the deadlines for conducting performance tests.
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Toxic Chemical Release Reporting for Dioxin and Dioxin-like Compounds
Effective July 9, 2007, EPA finalized revisions to the reporting requirements for the dioxin and dioxin-like compounds category. The current EPCRA section 313 regulations require facilities to report dioxin and dioxin-like compounds in units of total grams for the entire category, and provide a single generic distribution of the individual dioxin and dioxin-like compounds at the facility. The final rule requires that, in addition to reporting total gram quantities for the category, facilities are required to report the mass quantity of each individual member of the category. The final rule also eliminates the reporting of the single generic distribution for the members of the dioxin and dioxin-like compounds category.
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National Emission Standards for Hazardous Air Pollutants from Halogenated Solvent Cleaning
Effective May 3, 2007, EPA has revised standards to limit emissions of methylene chloride, trichloroethylene and perchloroethylene from facilities engaged in halogenated solvent cleaning. On December 2, 1994, EPA promulgated technology-based emission standards to control hazardous air pollutant emissions from halogenated solvent cleaning. EPA has evaluated the remaining risk to public health and the environment following implementation of the technology-based rule and is promulgating more stringent standards in order to provide an ample margin of safety to protect public health. These final standards will provide further reductions of halogenated solvent emissions beyond the 1994 national emission standards for hazardous air pollutants (NESHAP), through application of a facility-wide total emission standard.
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Renewable Fuel Standard Program
This action finalized regulations designed to ensure that refiners, blenders, and importers of gasoline will use enough renewable fuel each year so that the total volume requirements of the Energy Policy Act are met. The rule describes the standard that will apply to these parties and the renewable fuels that qualify for compliance. The regulations also establish a trading program that will be an integral aspect of the overall program, allowing renewable fuels to be used where they are most economical while providing a flexible means for obligated parties to comply with the standard. The final rule becomes effective on September 1, 2007.
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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.
