On March 13, 2012, the US Environmental Protection Agency, Office of Enforcement and Compliance Assurance, provided notice to associations and group representatives of owners of existing Area Source (GACT) boilers that the agency will exercise its discretion not to pursue enforcement for violations of the deadline to complete initial tune-up required in the final rule by March 12, 2012. In addition, the US EPA recently published a proposed re-consideration of the Area Source Boiler Rule that would postpone the tune-up from March 12, 2012 to March 12, 2013. This "No Action Assurance" applies to only the timelines of tune-up and the US EPA notes that nothing in this "No Action Assurance" affects any other provisions in the Area Source Boiler Rule. The "No Action Assurance" is to remain in effect until either (1) 11:59PM EDT October 1, 2012, or (2) the effective date of a final rule addressing the proposal reconsideration of the Area Source Boiler Rule, whichever occurs earlier.
On March 8, 2012, the US Senate voted by a 52-46 vote (60 needed to pass), to dissapprove the Collins Amendment (SA 1660). This Amendment requested to include the US EPA Regulatory Relief Act of 2011 in the Senate Transportation Bill (S.1813). The amendment would have given the US EPA more time to modify the Boiler MACT related rules, including the Non-Hazardous Secondary Materials that are the Solid Waste Rule.
For more information on the Boiler MACT Rules, visit www.boilermactcompliance.com
I will be speaking on Combustible Dust Safety at the following conferences:
- Region 8 VPPPA 2012 Conference (May 2-3 @ Greenwood Village, Colorado) – website
- Region 7 VPPPA 2012 Conference (May 8-9 @ Des Moines, Iowa) – website
- Region 6 VPPPA 2012 Conference (May 17-18 @ Fort Worth, Texas) – website
- Region 1 VPPPA 2012 Conference (June 11-13 @ Killington, Vermont) – website
- Region 4 VPPPA 2012 Conference (June 19-21 @ Chattanooga, Tennessee) – website
- 28th Annual National VPPPA Conference (August 20-23 @ Anaheim, California) – website
On December 2, 2011, the EPA Administrator, Lisa P. Jackson, signed a notice and EPA is submitting it for publication in the Federal Register (FR). The proposed changes to the NSHM rule, include:
I spoke to an OSHA rulemaker who is working on the long-storied Combustible Dust Safety Rule that has been in the works for over 2 years now (Link to CTI’s Blog on the ANPR). The latest news I was told is that the proposed rule is scheduled to move to a Small Business Regulatory Enforcement Fairness Act (SBREFA) review panel in December of 2011.
On September 13th, the House Subcommittee on Energy and Power approved H.R. 2250 – The U.S. EPA Regulatory Relief Act of 2011. There is also a companion bill, S.B. 1392, in the U.S. Senate. This proposed legislation, if passed, will stay the Boiler MACT/GACT, Incinerator MACT, and Non-Hazardous Secondary Materials rules. Currently all but the Boiler GACT rules have already been stayed by the EPA. This legislation would stay all four rules for at least 15 month and instruct the EPA to revise the rules according to achievable results. Until the legislation passes, the Boiler GACT deadlines are still in effect. The deadline for initial notification of applicability is still September 17, 2011 and the deadline for compliance is March 21, 2012. H.R. 2250 is expected to be voted on this shortly.
As I have reported here on the CTI’s blog in the past, the Georgia Industrial General Permit for Storm Water Discharges (GAR0500000) is in the process of being reissued. The format and requirements of the permit will be significantly modified, requiring facilities to update their Storm Water Pollution Prevention Plans (SWP3) and conduct additional actions required to comply with the new permit.
PH Haroz and Brian Edwards, PE of CTI have written an article for the American Society of Safety Engineers’ newsletter Safely Made on the status of OSHA’s Combustible Dust Rule-making and on methods to reduce the risk associate with combustible dust. A copy of this article is available on our website for download here: http://www.conversiontechnology.com/brochures/SafelyMade_V03N01_CTI.pdf
The first compliance deadline for the Boiler GACT Rule is September 17, 2011 – when the Initial Notification of Applicability is due. This rule applies to facilities with boilers fueled by any fuel except natural gas, and who are not major sources of Hazardous Air Pollutants (HAPs). Some state agencies have already acted, with North Carolina DENR having recently mailed out letters to potentially affected facilities. Others, such as the Georgia EPD, will be sending out similar letters soon. Whether or not you receive a letter, you will have to submit your initial notification by Sept. 17 if this rule applies to your facility.
The Boiler MACT rule, which applies to facilities that are major sources of HAPs, has been placed on legal hold. This means the large facilities have some breathing room, but the small facilities covered by the GACT rule must act now.
More information is available at CTI’s Boiler MACT and GACT website – www.boilermactcompliance.com.
On May 16, 2011, the US EPA signed a stay delaying the effective dates for the final Boiler MACT rules for major sources for hazardous air pollutants (HAPs) and Commercial and Indstrial Solid Waste Incineration (CISWI) Units.
For Boiler MACT sources the deadline for compliance has not changed and is still March 21, 2012. This includes Minor Sources of HAP pollutants and Major Sources of non-HAP pollutants.
The effective dates for HAP Major Source Boiler MACT & CISWI rules are delayed until such time as judicial review is no longer pending or until the US EPA completes its reconsideration of the rules, whichever is earlier.
For more information you can go to www.boilermactcompliance.com or contact us @ 770-263-6330.