|
|
|
Oil and natural gas NSPS overhaul
While vital to the American economy, the oil and natural gas industry is responsible for up to 30% of the country’s methane emissions. Regulated under the Clean Air Act, the industry has been subject to ever-increasing regulation and tightening stationary source standards. In early 2024, EPA finalized a rule significantly increasing the compliance requirements for these climate change contributors. As compliance deadlines approach over the next few years, new and existing sources in the oil and natural gas source category will be responsible for slashing emissions, expanding monitoring, and implementing optical gas imaging. READ MORE
Safe and available OB/OD proposal
Open burning and open detonation (OB/OD) allow for the treatment of waste explosives and munitions that cannot be safely disposed of through other modes of treatment. Because these operations do not use emission capture technologies, the environment surrounding these OB/OD units is often highly contaminated. On March 20, 2024, EPA proposed amendments for the OB/OD of waste explosives, requiring facilities to evaluate and use safer alternative technologies when available. The proposal would result in new Parts 264 and 265, Subpart Y, addressing issues including OB/OD waste analysis, minimum technological standards, exemptions, and unit closure. READ MORE
Subpart P pharmaceuticals applicability
Recent EPA guidance addresses challenging scenarios regarding very small quantity generator (VSQG) requirements for hazardous waste pharmaceutical management. Questions posed to EPA inquire on VSQG pharmaceutical disposal options and the effects of opting into Part 266, Subpart P. The agency also discusses navigating episodic generation and VSQG disposal options, given the unique nature of Subpart P applicability for VSQGs. READ MORE
Integrating new iron and steel emission limits
On April 3, 2024, EPA finalized its review of the integrated iron and steel manufacturing NESHAP. [89 FR 23294] Effective June 3, 2024, the Part 63, Subpart FFFFF revisions require fenceline monitoring for chromium, set limits for previously unregulated mercury, hydrogen fluoride, and dioxins/furans emissions, and institute work practice standards. Though initially proposed, reduced opacity limits for certain blast furnaces and basic oxygen process furnaces (BOPFs) were not finalized. The list of affected sources has also expanded, meaning Subpart FFFFF now also applies to fugitive and intermittent particulate matter emissions from equipment such as blast furnace unplanned and planned bleeder valve openings, blast furnace and BOPF slag processing, handling, and storage units, and blast furnace bell leaks.
EPA rolls out P2 Hub
In EPA’s waste management hierarchy, pollution prevention is the most preferred method of materials management. Rather than dispose of a waste or even recycle it, wouldn’t it be best if that material was never generated in the first place? Pollution prevention, also known as P2 or source reduction, is any practice that reduces, eliminates, or prevents pollution at the source. P2 is not just the responsibility of businesses and government agencies—a P2 approach can even be adopted in our homes. EPA recently launched its P2 Hub Resources Center, which provides links to everything from environmental justice mapping to financing. READ MORE
E-cig safe disposal
E-cigarettes contain nicotine, a p-listed chemical, and lithium batteries. Lithium is a highly reactive metal. Damaged lithium batteries can ignite and cause fires during storage at a generator’s facility or during transportation and disposal. Due to these unique hazards, EPA does not recommend disposing of e-cigarettes in household trash or recycling. Instead, e-cigarettes should be disposed of at household hazardous waste collection sites, which can typically be found through city, county, and state websites. EPA has a printable fact sheet on its website detailing proper e-cigarette disposal.
Healthy household drug disposal
Proper storage and disposal of unwanted medications are essential to prevent accidental poisonings and releases into the environment. While commercial facilities have a clear set of RCRA regulations for managing hazardous waste pharmaceuticals (40 CFR Part 266, Subpart P), such an approach may be a bit overkill for households. EPA’s new household medication disposal website offers resources to help individuals properly manage unwanted or expired medications. READ MORE
NOX NAAQS review kickoff
Conducting a periodic review of a national ambient air quality standard (NAAQS) is a multi-year process composed of many incremental steps. In March 2024, EPA announced it had begun stage one, the planning phase, of its nitrogen oxides (NOX) NAAQS review by making volume 1 and volume 2 of the three-part integrated review plan (IRP) available to the public. [89 FR 19308] IRP volume 1 provides background information on the health-based air quality criteria and primary standards for NOX. IRP volume 2 identifies policy-relevant issues in the review and describes key considerations for EPA’s development of the follow-up integrated science assessment (phase two). Volume 3 will be released later and is the planning document for quantitative analyses to be considered in the future policy assessment (phase three). EPA’s NAAQS review website contains more information on the stages of the periodic review process.
RCRA in Denver!
Struggling to understand the regs? We’ve got you covered. Join us at McCoy's 5-Day "in-person" RCRA seminar at the Denver Sheraton West from June 24-28, 2024. Spend a week away from the office to solely focus your attention on RCRA and take a step closer to your goal of mastering compliance.
RSVP, network at Denver!
We're holding a networking event at our Denver “in person” RCRA seminar. Join us immediately following class on Wednesday, June 26, 2024, for McCoy’s “Food and Feather” evening with snacks, networking, and the chance to see the beautiful birds of prey from HawkQuest up close and in action. Stay tuned for more info in our newsletter and at the seminar.
CA Title 22-RCRA with McCoy
Exciting news awaits—McCoy is launching a brand new .VIRTUAL seminar focusing on California's hazardous waste regulations this fall! If you've been searching for clarity on California's state-specific regulations, this is the class you've been waiting for… the search is finally over.
Our presenters will highlight and unravel the connections between federal RCRA, California's hazardous waste regulations, and the California Health and Safety Code (HSC). Don't miss out—register today for our CA Title 22-RCRA .VIRTUAL seminar, scheduled October 7-10, 2024!
McCoy’s California Title 22 White Paper
See the seminar agenda here
Stay compliant; get Refreshed
Whether you're hitting the beach, exploring new hiking trails, or simply soaking up the sun—everyone is pretty jam packed over the summer… and that usually makes RCRA training an afterthought. That’s where McCoy’s 2-day Refresher seminars come into play. Register for our June 11-12, 2024, .VIRTUAL RCRA Refresher for a convenient way to stay compliant with the regulations without disrupting your summer plans—get trained and enjoy your summer hassle-free!
Clear your CAA brain
Are you lost in the labyrinth of never-ending CAA permits and forms? Do you have a million tabs open trying to understand the applicability matrix? Finally found what you need, but not sure if it works for your facility? If you answered yes to any of these—you’ve come to the right place. We know it can be overwhelming, so we’ve made a seminar to clear things up for you. Sign up for the August 6-8, 2024, CAA .VIRTUAL seminar and gain an understanding of how to navigate the Clean Air Act with confidence.
Next 5-day .V RCRA
Ready to take your compliance game to the next level? McCoy’s 5-Day .VIRTUAL RCRA seminar is coming up July 22-26, 2024. Instead of a dull zoom webinar focused on just checking boxes— this class is about learning RCRA inside and out, staying ahead of regulatory updates, and fully grasping compliance strategies. Sign up for the July 5-Day session, and level up your RCRA know-how!
Sign up early to avoid extra shipping charges
See the full McCoy seminar schedule
EPA’s FY 2023 enforcement review
Climate change, environmental justice, and PFAS contamination are hot-button issues in environmental policy. To improve in these areas, EPA established goals and objectives in its strategic plan and national enforcement compliance initiatives. EPA recently published and summarized its fiscal year 2023 results and provided plenty of resources and data documenting how it accomplished some goals ahead of schedule while progressing toward others. READ MORE
Mandating e-manifest for agency-led cleanups
Though EPA launched the e-manifest system on June 30, 2018, adoption by the regulated community has been lackluster, as indicated in the agency’s webinars. The agency believes one way to boost adoption numbers is to lead by example. To achieve this goal, EPA’s Office of Land and Emergency Management recently published RO 14961, which requires the agency to use the e-manifest system during EPA-led emergency response and removal actions starting in FY 2025. This internal memorandum requires EPA regions and partner offices to determine the necessary elements to transition existing and future cleanups to using e-manifests. EPA personnel can register for e-manifest access via RCRAInfo, and agency e-manifest contacts are available to help fulfill this new requirement.
Multi-point PCB plans
In August 2023, EPA finalized PCB cleanup and disposal regulations under the Toxic Substances Control Act (TSCA). [88 FR 59662] The rule expanded the options for extraction and determinative methods used for characterizing PCB waste. The agency expects this change to reduce the amount of solvent used in these processes. Additional resources and links to a webinar on this rule are on EPA’s website. Following this rule in December 2023, EPA issued a draft memorandum on its approach to incorporate climate change resilience measures into PCB approvals. This approach encourages project managers overseeing PCB approvals to assess how cleanup, storage, and disposal will affect climate change. The requirement for unreasonable risk determinations will now include an assessment of future conditions. Facilities undergoing self-implementing cleanups in areas EPA believes are vulnerable to adverse climate impacts will have to provide additional documentation to the agency beyond what is required in the TSCA PCB regulations.
ISA leads charge on lead
On February 7, 2024, EPA announced the availability of its “Integrated Science Assessment for Lead,” or ISA. [89 FR 8425] As a CAA criteria pollutant, lead has primary and secondary national ambient air quality standards (NAAQS) to protect public health and welfare. The ISA is an evaluation of the most policy-relevant science that forms the scientific foundation for reviewing NAAQS. As the toxic effects of lead have been known for millennia, the ISA is not overturning our knowledge of lead’s deleterious impacts. Instead, the document provides further quantitative data that can be used to support future reductions to emission limits.
Emission tamp down for taconite
Taconite, a low-grade iron ore, was once considered a waste rock; however, the mineral is now considered a valuable resource in the steel manufacturing industry. Taconite iron ore processing is regulated under Part 63, Subpart RRRRR, which EPA amended under a final rule on March 6, 2024. [89 FR 16408] The rule does not change the applicability of this NESHAP but does set an implementation deadline associated with the tighter mercury and acid gas emission limits. While not a broadly applicable rule with only eight affected sources, the agency still expects mercury emissions to be reduced by 33% and hydrochloric acid and hydrofluoric acid emissions by 72% and 29%, respectively. Particulate matter emissions are also expected to decrease by 35% relative to baseline. More information is available via Docket ID No. EPA-HQ-OAR-2017-0664.
PM NAAQS mostly unchanged
Based on its 2022 policy assessment and 2019 integrated science assessment for particulate matter (PM) discussed in a previous article, EPA finalized the primary and secondary PM national ambient air quality standards (NAAQS) on March 6, 2024. [89 FR 16202] The agency retained the primary and secondary 24-hour PM2.5 standards, the secondary annual PM2.5 standards, and the primary and secondary PM10 standards. Only the primary annual PM2.5 standard has changed, reduced from 12.0 µg/m3 to 9.0 µg/m3. EPA also updated the PM air quality index and monitored network design criteria. More information, including factsheets, presentations, and maps, is available on the agency’s final reconsideration of the PM NAAQS website.
Major PFAS provisions proposed
RCRA-permitted treatment, storage, and disposal facilities are required to clean up releases of hazardous waste and hazardous constituents from solid waste management units under corrective action. A new proposed rule from EPA seeks to amend the definition of hazardous waste as it applies to the corrective action program. This proposal goes hand-in-hand with another, designating nine unique PFAS as RCRA hazardous constituents… a full-court press on regulating PFAS. READ MORE
Eureka!
As the most populous U.S. state and the largest sub-national economy in the world, California is uniquely situated to pave the country’s way into the future—as per the maxim, “As goes California, so goes the nation.” And an essential part of that leadership is environmental stewardship. That’s why we wanted to update our white paper on the California hazardous waste program… to help you be a leader in your environmental program. Now you can sleep easy knowing you’re well prepared to tackle both the federal RCRA regs and the California ones. Talk about a eureka moment.
Interminable incinerator issues
For the past few years, the waste industry has been working around an incinerator backlog. Whether due to labor shortages, cement kiln shutdowns, or simply more waste being generated, reduced incinerator capacity doesn’t allow generators to skirt accumulation time limits. EPA addressed this issue in August 2021 with a memorandum that outlined several existing regulatory options to alleviate compliance challenges. However, the backlog of containerized hazardous waste needing incineration has persisted longer than the agency initially expected. In early 2024, EPA released a set of frequently asked questions regarding these issues. READ MORE
PFAS progress report
PFAS contamination has been at the forefront of EPA’s regulatory agenda over the last three years. On October 18, 2021, EPA announced its PFAS Strategic Roadmap, a plan to address PFAS contamination in the United States. In December 2023, EPA published a progress report reviewing the roadmap’s second year of implementation. The report summarizes the progress EPA has made in tackling PFAS contamination, including improvements in chemical safety, drinking water, water contamination, cleanups, data collection, and industry accountability. The agency also provides a summary of partnerships and community engagement.
Taking down waste combustion emissions
On January 23, 2024, EPA proposed amendments to the new source performance standards and emission guidelines for large municipal waste combustion units. [89 FR 4243] The proposal would reduce the emission limits of nine regulated pollutants for all new and existing sources except for two subcategories of combustors. Also on the table are the removal of the startup, shutdown, and malfunction exemption, electronic reporting, and revised recordkeeping requirements. These updates to Part 60, Subparts Cb and Eb are expected to reduce emissions by 14,000 tons per year. A unique aspect of these Part 60 standards is that because they are derived from CAA Section 129, the emission limits reflect the maximum achievable control technology normally associated with Part 63 air toxic standards. Comments may be submitted through March 25, 2024 via Docket ID No. EPA-HQ-OAR-2017-0183.
CERCLA/corrective action collaboration
Hazardous waste-contaminated sites may be cleaned up under CERCLA or RCRA, the latter conducted through corrective action. Because of overlapping authority, sometimes cleanup activities are inappropriately deferred to one program or the other. Citing the importance of communication and collaboration, EPA’s Office of Inspector General released a report in 1999 making recommendations to help prevent remediation projects from falling through the cracks. EPA recently rereleased a December 1999 memorandum emphasizing how deferring a cleanup to RCRA requires a written notification to the receiving corrective action program, which then confirms the deferral is appropriate and all necessary information is obtained. [RO 14960] The CERCLA and corrective action programs should assign a site deferral coordinator and establish a timeline for the approval process while documenting all aspects of the deferral.
Updated CAA proposal for lime manufacturing
In early 2023, as discussed in a previous article, EPA proposed revisions to the lime manufacturing plant NESHAP in Part 63, Subpart AAAAA. Based on information gathered during the comment period, the agency proposed additional revisions to those emission limits on February 9, 2024. [89 FR 9088] Mercury and dioxin/furan emission limits for all kilns would be increased while no revisions would be made to the total hydrocarbon limits. Depending on lime kiln design, the hydrogen chloride emission limits are revised upwards, downwards, or, in some instances, are unchanged. A new emissions averaging compliance alternative is also proposed for hydrogen chloride and mercury emissions at existing sources. More information is available at Docket ID No. EPA-HQ-OAR-2017-0015.
Universal waste additions
Solar panels are ordinarily nonhazardous when disposed of; however, some solar panels contain enough toxic metals to meet the definition of hazardous waste. Lithium batteries, when mismanaged, pose unique hazards when sent for disposal. Despite these materials being a vital part of weening the country off of fossil fuels, the push for sustainability continues to impact environmental regulations. EPA recently announced plans to propose adding solar panels and lithium batteries to the Part 273 universal waste regulations. The goal is to promote solar panel recycling and improve safety standards for lithium batteries by creating new distinct universal waste requirements for these materials.
Small bump to 2024 penalties
EPA is required by law to annually adjust the maximum civil penalties allowed under environmental law to account for inflation. Because the adjustments are tied to the consumer price index, the 2024 increases are slightly above 3 percent—further demonstrating the cost of noncompliance. READ MORE
NSR Title V tie-in
On January 9, 2024, EPA proposed an update to the CAA Title V operating permit program to codify existing guidance on how “applicable requirements” under the new source review (NSR) preconstruction permitting program should be reviewed and implemented through the Title V program. [89 FR 1150] In essence, EPA’s position is that if a source obtains an NSR permit under EPA-approved CAA Title I rules (including public notice, an opportunity for comment, and judicial review), such a permit establishes NSR-related “applicable requirements” for purposes of incorporation into the source’s Title V permit. EPA would not revisit those NSR permitting decisions through the Title V process. The proposal also clarifies that a facility’s general duty to prevent accidental releases of hazardous substances [CAA Section 112(r)(1)] is not a Title V “applicable requirement.” Comments may be submitted through April 10, 2024 via Docket ID No. EPA-HQ-OAR-2023-0401. [89 FR 14015]
WARM up this winter
Estimating the economic impacts of climate change can be challenging—multiple variables need to be considered while incorporating future projections. On December 26, 2023, EPA released the waste reduction model (WARM) tool version 16. By reviewing municipal solid waste streams and construction/demolition materials, WARM estimates and compares potential greenhouse gas emissions, energy savings, and economic impacts of materials management practices. READ MORE
Climate change impacts RCRA permits
Curbing climate change is at the forefront of EPA’s national enforcement and compliance initiatives. This includes EPA’s drive to incorporate climate change initiatives into the RCRA permitting process. On December 12, 2023, EPA published a draft memorandum providing guidance on how to consider potential adverse climate change impacts during the hazardous waste permitting process. READ MORE
Explosive OB/OD alternatives
Open burning (OB) involves destroying materials through self-sustained combustion. Open detonation (OD) is detonating explosives or munitions with added explosive charges. In December 2023, EPA published a Compendium of Alternative Technologies to Open Burning and Open Detonation of Energetic Hazardous Wastes. The alternative technologies are waste and site-specific, and the agency emphasizes that a technology used at one site may not work for another. As such, the compendium allows users to compare waste streams that have been treated or destined for treatment by different alternative technologies. EPA plans on updating the compendium as new information becomes available, and feedback on the compendium can be submitted to the agency via email to RCRApost@epa.gov.
RCRA revisions rescinded
On August 9, 2023, EPA promulgated a direct final rule addressing numerous technical corrections to the RCRA regulations. The corrections, impacting the generator improvements rule, hazardous waste pharmaceuticals rule, and definition of solid waste rule, were set to become effective on December 7, 2023. In light of negative comments submitted to EPA, the agency has partially withdrawn the direct final rule, allowing only a few minor, non-substantive verbiage changes to take effect. READ MORE
Autumnal air agenda
EPA’s Fall 2023 regulatory agenda is now available. The agency is planning reviews, revisions, and amendments to scores of stationary source regulations. A critical aspect of the CAA is the periodic review of source category standards. While much of what is on the agenda is the typical review, some items result from lawsuits and court orders. READ MORE
RCRA regulatory agenda sees few changes
The Fall 2023 regulatory agenda is now available. EPA is keeping per- and polyfluoroalkyl substances in its sights for regulation as RCRA hazardous constituents and CERCLA hazardous substances. The agency has also begun reviewing potential universal waste regulation for lithium batteries and solar panels. READ MORE
Another affirmative defense removal
On December 1, 2023, EPA proposed a rule removing the affirmative defense provisions from the oil and natural gas production NESHAP and the natural gas transmission and storage NESHAP. [88 FR 83889] An affirmative defense is a mechanism that allows a source to avoid civil penalties during judicial or administrative proceedings. Recently, the agency removed the “emergency” affirmative defense provisions from the Part 70 and Part 71 operating permit programs (see previous article). EPA points to the same opinion, NRDC vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 10-1371; April 18, 2014), for removing affirmative defense from Part 63, Subparts HH and HHH. More information is available via Docket ID No. EPA-HQ-OAR-2023-0406.
No second thoughts on smelting
Malleable and abundant, lead may be toxic, but it is still a critical component of batteries, electronics, radiation shielding, and more. Most lead in the modern era comes not from lead ore like galena or anglesite but from secondary sources like lead-acid batteries, piping, solder, and lead sheathing. Smelting this secondary lead can be highly polluting, and EPA recently updated the secondary lead smelters NSPS with more stringent emission limits and periodic performance testing. New sources must now contend with tighter controls, approval of written SOPs, and no startup, shutdown, and malfunction exemption. READ MORE
Processing rubber tire proposal
In the rubber tire manufacturing NESHAP, four subcategories are identified—rubber processing, tire production, tire cord production, and puncture sealant application. Rubber processing is the only subcategory without emission limits, and on November 16, 2023, EPA proposed updates to Part 63, Subpart XXXX, to fill this gap. [88 FR 78692] The agency has proposed emission limits for total hydrocarbons (THC), acting as a surrogate for polycyclic aromatic hydrocarbons and all organic HAPs, and filterable particulate matter (fPM), acting as a surrogate for metal HAPs. Continuous emission monitoring for THC and baghouse system parameter monitoring associated with fPM would be required. Since the proposal is not a “major rule,” new and reconstructed sources must achieve compliance with the updated provisions by the final rule’s effective date, while existing sources have three years from that date. More information is available via Docket ID No. EPA-HQ-OAR-2019-0392.
Eliminating lead service lines
An estimated 9.2 million lead service lines (LSL) provide water to communities across the United States. LSLs and brass faucets are the most common sources of lead contamination in drinking water. On December 6, 2023, EPA proposed revisions to the National Primary Drinking Water Regulation for lead and copper under the SDWA. [88 FR 84878] The proposed rule aims to eliminate all LSLs in water systems within 10 years. It will also lower the lead action level to 0.010 mg/L and eliminate the lead trigger level. Ultimately, the agency wants to improve public health protection, better inform the public of lead contamination, and reduce the complexity of its 2021 Lead and Copper Rule Revisions. Comments may be submitted through February 5, 2024 via Docket ID No. EPA-HQ-OW-2022-0801.