The US Environmental Protection Agency (USEPA) and US Army Core of Engineers (USACE) have issued a revised regulation to define what qualifies as Waters of the United States (WOTUS), and this will become effective on August 28, 2015. The new definition is an attempt by the USEPA and USACE to determine their jurisdictional limits in what has become an ambiguous regulatory framework thanks to two Supreme Court cases in 2001 and 2006.

The new definition will not: Continue reading “Waters of the United States”

The EPA’s Risk Management Plan (RMP) regulation (40 CFR Part 68) was issued in multiple stages, beginning in 1994. The regulation was modeled after OSHA’s Process Safety Management (PSM) standard (29 CFR 1910.119). The RMP regulation is about reducing chemical risk at the local level. The information from the RMP aids local fire, police, and emergency response personnel in responding to chemical accidents. It also helps citizens to understand the chemical hazards in their communities. The regulation has been left relatively unchanged since its issuance.

Under the regulation, companies of all sizes that use listed regulated flammable and toxic substances above threshold quantities are required to develop a Risk Management Plan and submit the plan to the EPA every 5 years. The RMP must include: Continue reading “Modernizing the Risk Management Plan (RMP) Regulation”

The purpose of this article is to walk you through the Boiler MACT applicability, compliance dates and what regulations are applicable to your facility’s boiler and/or process heater. The full names of Boiler MACT and GACT as published in the Federal Register 40 CFR Part 63, is as follows: Boiler GACT (Generally Achievable Control Technologies), in short refers to the USEPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) for Area Source: Industrial, Commercial and Institutional Boilers. Boiler MACT (Maximum Achievable Control Technology) refers to the USEPA’s NESHAP for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters.

The Four Rules

To figure what rule applies to your facility, you first need to understand the Boiler MACT basic 4 rules. Boiler MACT is used in a generalized form to include the following specific rules: Continue reading “Meeting Compliance Schedule and Requirements of Boiler MACT”

Does your facility have an air quality permit? If so, when was the last time it was updated? If your facility is not a major source of emissions, you may have an air permit with no expiration date. This can lead to situations where the air permit is 10 years, 15 years, or even older. Have facility operations not changed at all during that time? Has new equipment been installed? Are you sure that new boiler/oven/paint booth/etc. that was installed was truly exempt from an air quality permit? When was the last time the EPA or your State’s environmental agency inspected your facility? If you are a major source of emissions, you probably see your inspector annually, but if you are not a major emitter, the inspections can be much more random. Continue reading “STAYING IN COMPLIANCE WITH AIR QUALITY REGULATIONS”

Sources are required to submit a Notification of Compliance Status regarding the initial tune-up by July 19, 2012. 

On March 13, 2012, the EPA issued a No Action Assurance (NAA), stating that it would not enforce the Notification. The NAA states that it remains in effect until either (1) October 1, 2012, or (2) A final rule addressing the proposed reconsideration of the Area Source Boiler Rule, whichever occurs earlier.

On July 18, 2012, EPA extended the NAA for Boiler Area Source to December 31, 2012, or until the final rule is issued whichever occurs earlier.

For more information visit www.boilermactcompliance.com.

 

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