Environmental Auditing and Compliance Newsletter 2013 Q3

Air Quality – Air Permitting

 

Final National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

In compliance with settlement agreements, the U.S. Environmental Protection Agency (EPA) has finalized revisions to emission standards for stationary engines that generate electricity and power equipment at industrial, agricultural, oil and gas production, power…

 

EPA Proposes Review of SIPs For SSM Requirements

The EPA is proposing to take action on a petition for rulemaking filed by the Sierra Club in 2011 concerning the treatment of excess emissions in state rules by sources during periods of startup, shutdown, or malfunction (SSM). EPA is proposing to grant in part and to deny…

 

HFPE Excluded For Definition Of VOC Under Clean Air Act

The Environmental Protection Agency (EPA) has published a final rule revises the definition of volatile organic compounds (VOCs) under the Clean Air Act (CAA). This revision adds four chemical compounds to the list of compounds excluded from the definition of VOC…

 

Final Rule On Commercial And Industrial Solid Waste Incineration

EPA has published its final decision on the reconsideration of certain aspects of the March 21, 2011, final rule "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units…

 

Review of PVC NESHAP and MACT

In response to four petitions received for reconsideration, US EPA has provided notice that it will review the PVC NESHAP that was finalized in April 2012. The petitions identified notice and comment issues as well as several technical consistency issues with the rule.…

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EPA Proposes FIP For Taconite Operations In Minnesota and Michigan

EPA is finalizing a Federal Implementation Plan (FIP) to implement emission limits that represent Best Available Retrofit Technology (BART) for certain taconite ore processing facilities in Minnesota and Michigan. The Clean Air Act (CAA or the "Act") and the regional…

 

GHG Permitting Program Approval Proposed For Arkansas

The U.S. Environmental Protection Agency (EPA) has approved the State of Arkansas’ program for permitting new and modified facilities that emit significant amounts of greenhouse gas pollution (GHG) into the air. The Arkansas Department of Environmental…

 

Revised Air Emission Standards For Portland Cement Manufacturing Industry

EPA has finalized proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Portland Cement Manufacturing Industry and the Standards of Performance for Portland Cement Plants. These amendments were proposed on July 18…

 

Federal PM Advance Program To Assist Compliance With Revised PM2.5 Air Standards

The Environmental Protection Agency (EPA) has initiated a new voluntary clean air program, 'PM Advance' to help communities continue to meet new PM2.5 air quality standards, improve air quality and protect public health. On December 14, 2012, EPA…

 

Wastewater – Water Quality

 

Antidegradation Requirements For Discharges To Wisconsin Impaired Waters

The Wisconsin Department of Natural Resources has released its draft guidance document “TMDL Development and Implementation Guidance: Integrating the WPDES and Impaired Waters Programs” for a 21-day public comment period. In addition to providing…

 

Water Standards For Selenium Proposed In Kentucky

The Kentucky Division of Water has been conducting the triennial review of the state’s water quality standards since early 2012. Recently, the agency had proposed regulations address a number of changes to the water quality standards and included proposed…

 

Changes Considered To Minnesota Water Quality Regulations

The Minnesota Pollution Control Agency is proposing to make some revisions to Minnesota Rules Chapters 7050, 7052 and 7053. The amendments proposed for this rulemaking are the result of the 2008 public review of Minnesota’s water quality standards. The scope…

 

Hazardous Material Management & Transport

 

RCRA Program Delegation Approved For New York State DEC

US EPA has approved the delegation for its hazardous waste programs to the New York State Department of Environmental Conservation (NYSDEC or DEC) relating to used oil management. New York had applied to EPA for final authorization of changes to its…

 

Expansion of Lead Renovation, Repair, and Painting (RRP) Rule

In 2010, EPA issued an advance notice of proposed rulemaking concerning renovation, repair, and painting activities on and in public and commercial buildings. EPA is in the process of determining whether these activities create lead-based paint hazards. For…

 

Ortho Nitrotoluene Proposed For Be Added To List Of EPCRA TRI Chemicals

EPA is proposing to add ortho-nitrotoluene (o-nitrotoluene) to the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). o-Nitrotoluene has…

 

Summary of 2012 TSCA Chemical Data Reporting (CDR) Information

EPA released the 2012 Chemical Data Reporting (CDR) information on more than 7,600 chemicals in commerce. The CDR database contains use and exposure information on the most widely used chemicals in the United States. This report is for calendar year 2011…

 

Petition To Remove Acetonitrile From TRI Reporting Requirements Denied By EPA

EPA has announced that it is denying a petition to remove acetonitrile from the list of chemicals subject to reporting requirements under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution…

 

Stormwater Permitting & Compliance

 

California Industrial General Permit Reissuance Update

The California Water Board has released an update regarding the status of the State Water Board’s reissuance of the NPDES General Permit for the Discharge of Storm Water associated with Industrial Activities (Industrial General Permit, or IGP). State Water Board…

 

New General Stormwater Discharge Permit For Marina Operations In Ohio

The Ohio Environmental Protection Agency (OEPA) has issued an industrial stormwater discharge permit specifically to cover marinas which would otherwise need to apply for coverage under the Ohio multisector general permit (MSGP). Marinas nationwide are…

 

IDEM Amended Rules For General Stormwater Discharge Permit

The Indiana Department of Environmental Management (IDEM) has announced it will add new rules, amend rules and repeal rules in 329 IAC 5 and 327 IAC 15 concerning National Pollutant Discharge Elimination System (NPDES) general permits governed by 40 CFR…

 

Product Stewardship– Product Responsibility

 

Amendments To OSHA Hazard Communication Standard 2012

The Occupational Safety and Health Administration (OSHA) has published a final rule correcting its regulations that were amended by the Hazard Communication Standard (HCS) final rule, published in the Federal Register on March 26, 2012. The corrections to…

 

Environmental Due Diligence

 

SuperFund Liability Protections Extended To Qualified Property Tenants

EPA is extending liability relief for tenants leasing property on brownfields or other contaminated properties, in response to liability concerns raised by developers who wish to participate in an EPA effort to place renewable energy projects on potentially…

 

Proposed Rules For Public Access To CERCLA Documents Withdrawn

EPA withdrawn a direct final rule National Oil and Hazardous Substances Pollution Contingency Plan; Revision to Increase Public Availability of the Administrative Record File because the agency received an adverse comment on the rule. The rule, which was …

 

Environmental Review – Impact Assessment

 

Changes To Environmental Review For Federal Transit Administration - Federal Highway Administration

Federal Transit Administration (FTA), Federal Highway Administration (FHWA) have published a final rule revising some of their Environmental review and Related Procedures. This final rule makes revisions to the joint FTA and FHWA regulations that implement the…

 

TSCA Risk Assessment Plan For Flame Retardant Chemicals

U.S. Environmental Protection Agency (EPA) has announced it will begin assessments on 23 commonly used chemicals, with a specific focus on flame retardant chemicals. These assessments are part of the Toxic Substances Control Act (TSCA) Work Plan which…

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Phase 1 ESA Consultant Services In Iowa Using Revised ASTM Standard E 1527-13

Caltha LLP conducts Phase 1 environmental assessments for lenders, buyers, sellers and prospective tenants across Iowa. [use this link to review summaries of Caltha LLP site assessment projects]

The revised ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" has been published in final form in November 2013. Caltha LLP is now conducting all Phase 1 ESAs for our work in Iowa using the revised standard.

Two of the key requirements that are significantly different compared to previous versions of this standard are:

1. Requirement for physical review of agency file. If relevant information which may be useful in the assessment is only accessible in agency files, then a file review needs to be conducted.
2. The standard now specifies three different categories for Recognized Environmental Conditions:

• ASTM E 1527-13 defines recognized environmental conditions the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.
• A historical recognized environmental condition is a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls.
• A controlled recognized environmental condition is a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Shipping Hazardous Materials In Iowa - Changes To Violation Penalties

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. In "Moving Ahead for Progress in the 21st Century Act" (MAP-21), Congress revised the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. These changes to the civil penalty amounts apply to violations occurring on or after October 1, 2012. Accordingly, PHMSA is revising the references to the maximum and minimum civil penalty amounts in its regulations to reflect the changes to Section 5123 of the Federal hazardous material transportation law, as follows:

• Revising the maximum civil penalty from $55,000 to $75,000 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law.
• Revising the maximum civil penalty from $110,000 to $175,000 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law that results in death, serious illness, or severe injury to any person or substantial destruction of the property.
• Removing the current $250 minimum civil penalty and revising the minimum penalty amount to $450 for a violation related to training.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

TRI Reporting In Iowa May Include Nitrotoluene

Under a recently proposed rule change, Iowa facilities that are subject to annual Toxic Release Inventory (TRI) reporting may need to review their use of an additional chemical. EPA is proposing to add ortho-nitrotoluene (o-nitrotoluene) to the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA).

o-Nitrotoluene has been classified by the National Toxicology Program in their 12th Report on Carcinogens as "reasonably anticipated to be a human carcinogen." EPA believes that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans. Based on EPA’s review of the available production and use information, the agency believes that o-nitrotoluene is expected to be manufactured, processed, or otherwise used in quantities that would exceed the EPCRA section 313 reporting thresholds. Comments on the proposed addition of o-Nitrotoluene to the list of TRI chemicals must be received on or before May 13, 2013.

Click here for further background on the addition of o-nitrotoluene and the criteria for adding chemicals to the Section 313 list of chemicals.

Caltha LLP is a environmental consultant providing expert technical suypport services to facilities in Iowa in the preparing and submitting annual toxic release inventory reports, and preparing cost-effective chemical tracking procedures.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

2012 Chemical Data Reporting Summary Released

EPA released the 2012 Chemical Data Reporting (CDR) information on more than 7,600 chemicals in commerce. The CDR database contains use and exposure information on the most widely used chemicals in the United States. This report is for calendar year 2011. EPA received reports on 7,674 chemicals, including 354 that were reported as used in children's products. 1,704 chemicals were reported as used in consumer products and 3,073 were used in commercial applications or products. The remaining chemicals reported were for industrial use only.

The CDR information includes data on chemicals that are used in children's products such as toys, playground and sporting equipment, arts and crafts materials, and textiles and furniture. The CDR rule was issued under the Toxic Substances Control Act (TSCA). The rule requires companies that manufacture or import chemicals to report manufacturing and import data every 4 years when site-specific production volume exceeds 25,000 lb.

 In 2012, EPA required companies to substantiate confidentiality claims in order to ensure that as much information as possible is made available to the public. Also, companies are now required to provide information on chemicals used in children's and other consumer products, along with reports on commercial applications and industrial uses of chemicals. EPA has begun a process to identify potential chemicals for near-term review and risk assessment under TSCA.

In 2012, the agency released a work plan of 83 chemicals for further review as part of its existing chemicals management program. From that list, seven chemicals were identified for risk assessment development in 2012 and 18 for assessment in 2013 and 2014. In January 2013, EPA released for public comment and peer review an initial set of draft risk assessments of five chemicals for particular uses found in common household products .

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Environmental - EHS Consultant in Iowa

Caltha LLP provides expert environmental health and safety consultant services to clients across Iowa. Services provided include:

Iowa Air Permitting Consultant - Iowa Air Emission Compliance Expert
Compliance Auditing in Iowa
Waste Water Permitting Support
Due Diligence Services In Iowa
Stormwater Permitting and Compliance Expert
ISO 14001 Consultant - Environmental Management Systems
Spill Control - SPCC Plans and SPCC Rule Compliance
Short term Temporary EH&S staffing in Iowa
Hazardous Waste trianing - RCRA training in Iowa



For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

EPA Comments On IDNR Iowa Nutrient Reduction Strategy

U.S. EPA has submitted comments on the draft Iowa Nutrient Reduction Strategy released Nov. 19, 2012. EPA commends the Iowa Department of Natural Resources (IDNR) and Iowa Department of Agriculture and Land Stewardship (IDALS) for developing the strategy that embraces ambitious specific nutrient reduction targets. Iowa based its draft strategy on EPA’s 2011 memorandum that dealt with how states should achieve long-term reductions in nitrogen and phosphorous pollution in water bodies. EPA states that supports states leading efforts to reduce nutrient loads from point and nonpoint sources but stresses that EPA is not mandating specific strategies or solutions.

The draft nutrient reduction strategy raised concerns about Federal ecoregional criteria published in 2000. Since then, EPA and some states have identified a range of options that can be appropriately used for development and implementation of numeric nutrient criteria. In its comments, EPA does offer recommendations to strengthen the policy considerations and point and nonpoint source sections of the document. The Agency makes a number of recommendations to be addressed during implementation of Iowa’s nutrient reduction efforts.

Comment Period for Nutrient Reduction Strategy Extended

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website