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.
On May 13, 2011, OSHA held an Expert Forum on Combustible Dust to discuss possible options for developing a comprehensive rule to address the hazards associated with combustible dust. OSHA’s stated intent was to both protect employees and be cost-effective for employers. The major topics for discussion included: Scope; Focus on Preventing Secondary Explosions; Existing Facilities; and Multiple Layers of Protection. The meeting was divided into these four topics for discussion, and OSHA posed questions from each to the panel of experts. Below are the highlights from the meeting.
OSHA is holding an Expert Forum to identify regulatory options for addressing combustible dust hazards. The meeting will be May 13th, 2011 in OSHA’s home office in Washington DC. CTI will be present for this meeting and we will prepare a summary describing what transpires.
To view the OSHA news release, follow this link: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=19710
On March 21, 2011 the Environmental Protection Agency (EPA) published National Emission Standards for Control of Hazardous Air Pollutants (NESHAP) for boilers, solid waste criteria, and New Source Performance Standards (NSPS) for incineration units. The rules include the following:
NESHAP for new and existing area source boilers (40 CFR Part 63 Subpart JJJJJJ).
NESHAP for new and existing major source boilers and process heaters (40 CFR Part 63 Subpart DDDDD).
Non-hazardous secondary material, when used as fuel or ingredients in combustion units that are “solid waste” under the Resource Conservation and Recovery Act (RCRA) (40 CFR Part 241).
NSPS for new stationary sources and emission guidelines for existing commercial and industrial solid waste incineration (CISWI) units (40 CFR Part 60 Subparts CCCC & DDDD).
On February 21, 2011, the Environmental Protection Agency (EPA) released the final National Emission Standard for Hazardous Air Pollutants (NESHAP) for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, better known as the Boiler MACT. At the same time, the EPA issued the final Boiler GACT for area sources, the final Commercial/Industrial Solid Waste Incinerator (CISWI) rule, and the final Non-Hazardous Secondary Material rule. We at CTI are in the process of reviewing these rules in their entirety and will be issuing Client Alerts in the very near future.
The engineers here at CTI have had great success over the past several years in reducing risks associated with combustible dust fires and explosions. Much of our work has focused on hazard analysis, design of fire and explosion prevention and protection systems, and safety procedures and training. But there is another field we have been working on that I feel is worth discussing – mechanical design of equipment and processes to eliminate fugitive dust.