Caltha’s Quarterly E-newsletter on EH&S Compliance and Environmental Assessment

 

Air Quality – Air Permitting

 

Exemptions To WDNR Air Construction Permit Requirements Approved By EPA

EPA has approved revisions to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) in 2008. WDNR submitted revisions exempting certain sources of air pollution from construction permit requirements…

 

Reopening of Comment Period For Start-up and Shutdown Requirement in MATS Rule and Utility NSPS

On November 30, 2012, EPA published the proposed rule, "Reconsideration of Certain New Source and Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards…

 

Final Revision To New Source Performance Standards for Oil and Natural Gas Production Tanks

U.S. Environmental Protection Agency (EPA) has issued updates to its oil and natural gas standards for storage tanks, in response to petitions for reconsideration of the 2012 New Source Performance Standards for Oil and Natural Gas Production. The updates will…

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Approval of North Dakota SIP For Interstate Transport Requirements For Fine Particulate Matter

EPA has approved portions of the North Dakota State Implementation Plan (SIP) submission that demonstrate that North Dakota meets certain interstate transport requirements of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM2.5) …

 

Reconsideration of Portions of Prevention of Significant Deterioration PSD Regulations

US EPA has initiated the reconsideration of recent changes to prevention of significant deterioration (PSD) regulations, which expects to complete by June 2014. This rulemaking is in response to the January 22, 2013, U.S. Court of Appeals for the District of Columbia.…

 

Emission Standards Proposed For New Natural Gas and Coal Fired Power Plants

 The U.S. Environmental Protection Agency (EPA) has proposed Clean Air Act standards to reduce carbon emissions from new power plants. Under the proposal, new large natural gas-fired turbines would need to meet a limit of 1,000 pounds of CO2 per megawatt-hour…

 

Proposed Rules Under Formaldehyde Standards for Composite Wood Products Act

The U.S. Environmental Protection Agency (EPA) has proposed two rules to reduce exposure to formaldehyde, as required under a Federal law passed by Congress in 2010. These rules ensure that composite wood products produced domestically or imported…

 

EPA Proposes To Approve Revised Polk County Board of Health Rules and Regulations and Iowa SIP

Environmental Protection Agency (EPA) has proposed to approve revisions to the State Implementation Plan (SIP) for the state of Iowa. The purpose of these revisions is to update the Polk County Board of Health Rules and Regulations. These proposed revisions…

 

EPA Withdraws Rule On Definition of VOC Under Clean Air Act

EPA is withdrawing a direct rule it had published in the Federal Register on February 15, 2013, to revise the definition of VOCs for purposes of preparing SIPs to attain the NAAQS for ozone under title I of the CAA. EPA published a direct final rule that excluded …

 

Wastewater – Water Quality

 

NPDES Electronic Reporting Rule Proposed

EPA is proposing rules that would require electronic reporting in place of the current paper-based NPDES reports. The proposed regulation would require permittees and regulators to use existing, available information technology to electronically report information and…

 

New and Revised Health Risk Limit Rules for Groundwater Quality

The Minnesota Depart of Health (MDH), Health Risk Assessment Unit has adopted revisions to the Rules relating to health risk limits (HRL) for groundwater standards in the Minnesota. The amendments add (to Part 4717.7860 of the rule) health-based guidance values for…

 

Final Rule Eliminating Exemptions For Pesticide Applications From NPDES Permit Requirements

In response to a 2009 Sixth Circuit Court of Appeals ruling that vacated the 2006 NPDES Pesticides Rule, EPA has revised regulations to remove language added by the that rule. This language had exempted the application of pesticides from National Pollutant…

 

EPA Agreement With Iowa Department of Natural Resources On NPDES Permit Enforcement For CAFO

EPA has reached an agreement with the Iowa Department of Natural Resources (IDNR) to make changes to Iowa’s Clean Water Act (CWA) permit and compliance program for concentrated animal feeding operations (CAFOs). The agreement includes specific actions.…

 

Hazardous Material Management & Transport

 

Changes Proposed To PHMSA Procedures For Handling Unpaid Fines

Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed to amend the hazardous materials procedural rules to prohibit a person who fails to pay a civil penalty as ordered, or fails to abide by a payment agreement, from performing activities.…

 

Final Rule Requiring Electronic Reporting of Toxic Release Inventory Form R

In this final rule, EPA requires facilities to report non-trade-secret Toxics Release Inventory (TRI) forms to EPA using electronic software provided by the agency. The final rule is effective on January 21, 2014. The only exception to this electronic reporting requirement…

 

Final Rule To Exempt Solvent Contaminated Rags and Wipes From RCRA Hazardous Waste Rules

U.S. Environmental Protection Agency (EPA) has modified the hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude solvent-contaminated wipes from hazardous waste regulations…

 

Rulemaking on Adding Categorical Non-Waste Fuels – Non-Hazardous Secondary Material

US EPA has initiated rulemaking to process to add to the list of Categorical Non-Waste Fuels (Non-Hazardous Secondary Material). In the 2013 Non-Hazardous Secondary Materials (NHSM) final rule, the Agency established a rulemaking process for categorical…

 

EPA Updates NAICS Codes For 313 Toxic Release Inventory Reporting – 313 Reports

EPA has updated its list of industrial codes of operations which may be subject to Toxic Release Inventory (TRI) reporting under EPCRA 313. (also referred to as Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) In general, section 313.…

 

Stormwater Permitting & Compliance

 

Updated Cost Analysis For Compliance With Draft 2013 Industrial General Permit

The California State Water Board staff has released an updated analysis of the compliance costs for the proposed Industrial General Permit (2013 Final Draft IGP) This updates the prior analysis released in 2012. To conduct the 2013 cost update facilities were…

 

Focused Industrial Stormwater Compliance Initiative in Seattle-Puget Sound Area

As part of ongoing federal and state efforts to restore Puget Sound, the U.S. Environmental Protection Agency has announced it is implementing focused enforcement actions in Seattle-area looking at companies discharging industrial stormwater to Puget Sound.…

 

Product Stewardship– Product Responsibility

 

Additional Chemicals Added To Safer Chemical Ingredients List and Design for the Environment (DfE) Labeled Products

The U.S. Environmental Protection Agency's (EPA) has added more than 130 chemicals to its Safer Chemical Ingredients List, including 119 fragrance chemicals for commercial and consumer cleaning products. The Safer Chemical Ingredients list was created in.…

 

Design for the Environment (DfE) Alternatives Assessment Report on HBCD Flame Retardant

As part of ongoing efforts to promote the design and use of safer chemicals, the U.S. Environmental Protection Agency (EPA) has released a draft report on alternatives to a flame retardant chemical, hexabromocyclododecane (HBCD), which has persistent.…

 

Third-party Certification For Formaldehyde Standards For Composite Wood Products

EPA issued a proposed rule on June 10, 2013 concerning a third-party certification framework for the formaldehyde standards for composite wood products. The comment period for this proposed rule has been extended from August 9, 2013 to August 26, 2013…

 

Environmental Due Diligence

 

Proposed Rule To Allow Use of ASTM E1527-13 For All Appropriate Inquiries

In advance of the revised ASTM standard being finalized, EPA has proposed to amend the Standards and Practices for All Appropriate Inquiries to reference ASTM International's E1527-13 "Standard Practice for Environmental Site Assessments: Phase I…

 

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 Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information, contact Caltha LLP at: Email: info@calthacompany.com Website: http://www.calthacompany.com/

Phase 1 and 2 Site Assessments In Wisconsin Using Revised ASTM Standard Method

Caltha LLP conducts Phase 1 environmental assessments for lenders, buyers, sellers and prospective tenants across Wisconsin. [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 Wisconsin 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 Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information, contact Caltha LLP at: Email: info@calthacompany.com Website: http://www.calthacompany.com/

Wisconsin Safety Management System Consultant - Certified Safety Auditor

Using a systems approach is the cornerstone of a company’s safety management process. The internationally recognized system to achieve this outcome is the OHSAS 18001 Safety Management System (SMS) Standard. The efficacy of this process approach comes from relying on the use of certified third-party auditors to assure that all elements of a company’s SMS includes and embraces this standard set of requirements.

Caltha LLP offers the expertise needed to assist our Wisconsin clients in developing and implementing a safety management system that meets the requirements set out in OHSAS 18001. This service ranges from helping the client understand the requirements to conform to and self-certify that they meet the requirements all the way to achieving certification by the international body and their registered third-party auditors that their SMS meets the Standard’s rigorous requirements.

Caltha LLP’s full service OHSAS 18001 program includes assistance in developing, implementing, and internally auditing an SMS to assure that all elements of the Standard have been met. This activity also includes providing training packages and the training needed to accomplish the desired goals. This service is provided by people who have developed and implemented single site and multi-site programs that have achieved certification and further, are RAB certified OHSAS 18001 Lead Auditors who have the background to assist with or conduct internal audits.

Caltha LLP provides expert EH&S consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective EH&S compliance programs.
For further information, contact Caltha LLP at: Email: info@calthacompany.com Website: http://www.calthacompany.com/

Application of Lead Paint Rule To Wisconsin Public & Commercial Buildings

US EPA has announced that it will conduct a public meeting on June 26, 2013 to gather public comment regarding extending its Lead Renovation, Repair, and Painting Program to public and commercial buildings. In 2010, EPA issued an advance notice of proposed rulemaking (ANPRM) concerning renovation, repair, and painting activities in public and commercial buildings.

EPA is in the process of determining whether these activities create lead-based paint hazards, and, for those that do, developing certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). EPA has also reopened the comment period for the December 31, 2012 Federal Register document to allow for additional data and other information to be submitted by the public and interested stakeholders. EPA specifically requested information on the following:
1. The manufacture, sale, and uses of lead-based paint after 1978.
2. The use of lead-based paint on public and commercial buildings.
3. The frequency and extent of renovations of public and commercial buildings.
4. Work practices used to renovate public and commercial buildings.
5. Dust generation and transportation from exterior and interior renovations of public and commercial buildings.

Click here for further background on the application of the LBP Rule to public and commercial buildings

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information, contact Caltha LLP at:
Email: info@calthacompany.com   
Website: http://www.calthacompany.com/

Changes To Penalties For Knowing Violation To Hazardous Material Shipping Rules

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. In response, PHMSA is revising  the maximum and minimum civil penalty amounts in its regulations  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 Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information, contact Caltha LLP at: Email: info@calthacompany.com
Website: http://www.calthacompany.com/

Potential New TRI Reporting Chemical For Wisconsin Toxic Release Inventory

Under a recently proposed rule change, Wisconsin 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 an EH&S consultant providing specialized expertise to clients in Wisconsin 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

Draft Guidance On Antidegradation For WPDES Permits To 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 a framework for developing and implementing permit limits for discharges to 303d listed impaired waters, the draft guidance also addresses the WDNR approach to antidegradation requirements.

Under the draft guidance, if the new TMDL-derived limit results in an increase in an effective existing limit in a permit, then an antidegradation evaluation is needed. These limitations are no different than other water quality-based effluent limitations with respect to antidegradation. For example, the initial imposition of a water quality-based effluent limit, which include TMDL-derived limits, does not require an antidegradation evaluation as long as the pollutant of concern was previously present in the discharge and the permittee is not proposing an increased load to the receiving water .

According to the WDNR, possible exceptions include the initial imposition of a TMDL-derived limit for a discharge to Exceptional and Outstanding Resource Waters, for a bioaccumulative chemical of concern such as mercury when an increased discharge is proposed, and when a change in discharge location is proposed. With a few exceptions, Wisconsin chapter NR 207 requires an antidegradation evaluation when a new or increased discharge is proposed. Therefore, an antidegradation evaluation is necessary before a TMDL-derived limit, which has been incorporated into a WPDES permit and has become effective, is increased or the TMDL-derived limit replaces a less restrictive effective effluent limit.

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Website: http://www.calthacompany.com/