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Regulatory Alert – November 2016

btn-downloadalertAegis Environmental, Inc. extends this brief update of pertinent news and regulatory compliance requirements:

 

Air Quality

Cross-State Air Pollution Rule (CSAPR)

On September 7th, the EPA issued the final Cross-State Air Pollution Rule (CSAPR) Update.  CSAPR is intended to reduce NOx emissions from power plants in 22states.  NOx emissions are a major component of ground-level ozone, for which the National Ambient Air Quality Standard (NAASQS) has been revised to 75 ppb.  CSAPR will take effect beginning in May 2017 when the regulated states must initiate State Implementation Plan(s) (SIP) to reduce ozone concentrations in accordance with the NAAQS.  These SIPs are anticipated to impact each state’s major energy producers including: coal, natural gas, and oil power plants and other large industrial manufacturers generating power.  The CSAPR is anticipated to cost more than $68 million in emissions controls and compliance costs.  A summary of the CSAPR can be found CSPAR Summary.  The EPA’s final Regulatory Impact Analysis may be found EPA’s Regulatory Impact Analysis.  For more information about CSAPR or assistance with emission reduction strategy, please contact Mr. Kelly Bonds at kbonds@aegisenv.com

 

MSW Landfills – EPA’s new NSPS Subpart XXX Rule

As published in the Federal Register, August 29, 2016, the EPA has finalized the new landfill New Source Performance Standards (NSPS) regulation, 40 CFR Part 60, Subpart XXX.  The new rule is effective on October 28, 2016, and applies to “new” municipal solid waste (MSW) landfills that commence construction, reconstruction, or modification after July 17, 2014.  The new rule effectively replaces the NSPS Subpart WWW regulation for applicable “new” landfills.  Key differences from the NSPS Subpart WWW rule that will apply to landfills subject to the NSPS Subpart XXX include:

  • The required installation of a landfill gas (LFG) collection and control system (GCCS) is now triggered when a landfill reaches an emission threshold of 34 Mg/year of non-methane organic compounds (NMOCs) (the threshold is 50 Mg/year under the existing NSPS Subpart WWW rule);
  • Changes to Wellfield Monitoring and Surface Monitoring requirements; and
  • Changes to Startup, Shutdown, and Malfunction (SSM) requirements

The purpose of the new Rule is to reduce emissions of methane and other LFG components by lowering the emission threshold at which a landfill must install controls.  The final rule and supplementary information can be found here:  40 CFR Part 60, Subpart XXX.   For more information, please contact Sandy Morse at smorse@aegisenv.com or Chris Lampel at clampel@aegisenv.com.

 

MACT Requirements – VA Article 6 Permits

Virginia DEQ has determined that Article 6 permits can no longer be used to limit a facility’s HAP emissions below major source emissions limits thus maintaining or establishing a facility’s area source status.  Instead, such an emission or operating limit must be included in a State Operating Permit.  For more information regarding Virginia’s air regulations contact Kelly Bonds at kbonds@aegisenv.com.

 

Annual Emissions Reporting & Compliance Certifications

It’s not too early to start thinking about permit-required annual emissions reports and compliance certifications due in January 2017.  It you aren’t satisfied with your current system of tracking the necessary data and you’d like to lower the cost and amount of time needed for this annual burden while increasing accuracy and improving your compliance record, it’s time to talk to Aegis about the Shield®.  The Shield® is a MS Access based tool that allows for easy, accurate and reliable data tracking and reporting.  It even has a monthly audit capability to give the responsible official that signs the reports peace of mind that you are in compliance with all permit terms.  Clients from major chemical manufacturers to universities to power plants have used the Shield® with great success.  One client exclaimed, “It’s the best thing since sliced bread!”  For more information or to schedule a brief on-line demonstration, please contact Jessica Gunter at Jgunter@aegisenv.com.

 

Water Quality

South Carolina Industrial Stormwater General Permit

On September 1, 2016, the South Carolina Department of Health and Environmental Control (SCDHEC) issued its final Industrial Stormwater General Permit (SCR000000) effective October 1, 2016.  Please find the following link to the permit  SC Industrial Stormwater General Permit.  A presentation summarizing these new permit conditions, along with FAQs may be found here, SC General Permit Presentation.  Recertification letters for all existing general permit holders will be issued at a future date. No Notices of Intent will be required.  Stormwater Pollution Prevention Plan (SWPPP) updates are due 90 days after the effective date.  For questions any concerning the applicability of this new Industrial Stormwater General Permit to your facility operations, or for assistance in revising your SWPPP, contact Ginger Ellis at gellis@aegisenv.com or Scott Mortimer at smortimer@aegisenv.com.

 

VA DEQ’s General VPDES Watershed Permit

VDEQ and EPA have been negotiating appropriate monitoring requirements to be included in the General VPDES Watershed Permit for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed (Nutrient General Permit).  VDEQ had proposed reduced monitoring for smaller and mid-sized facilities; while the EPA felt that more monitoring was needed. The EPA appears to be prevailing, as proposed revisions will require “small” facilities to collect two (2) 24-hour composite samples per week.  The VDEQ’s previous proposal allowed for these facilities to conduct one (1) 8-hour composite sample 4 times a month. Proposed revisions for “mid-sized” facilities would require two (2) 24-hour composite samples per week. While the VDEQ’s previous proposal allowed for these facilities to collect only one (1) 24-hour composite sample per week.

Notably these revisions will have a significant impact to applicable facility’s sampling, monitoring and reporting costs.  The VDEQ will accept public comments on these proposed additional revisions through November 10. The Town Hall Notice is available here:  VPDES Watershed Permit – Public Comment.

 

Hazardous Waste

TSCA – Chemical Data Reporting Deadline nearing

The US EPA previously extended the compliance deadline for required Chemical Data Reporting (CDR)  to October 31st.  CDR reporting is applicable to manufacturers of a host of listed chemicals who produce 25,000 pounds or more of subject materials.  If you believe your facility qualified and you have not completed this reporting activity, please contact Lori Bonds, lbonds@aegisenv.com immediately and Aegis can assist with an assessment and any late reporting.

 

VA DEQ’s New Risk Assessment Tool

VDEQ is currently in the process of developing a risk assessment calculation tool that will replace the Voluntary Remediation Program (VRP) calculation tables, as well as replace the risk assessment portion of the REAMS software. This tool is called the Virginia Unified Risk Assessment Model (VURAM) and is recommended for risk assessments conducted for regulatory programs including RCRA hazardous waste permitting, RCRA Site-Wide Corrective Action, the VRP and Solid Waste regulatory programs. VURAM provides users with options to select from various regulatory programs, receptors, environmental media and site-specific/media-specific chemicals. VURAM will calculate both cancer risk and non-cancer hazard. VURAM output provides chemical-specific, media-specific and site-wide comprehensive results for risk assessments thus providing support for project and risk management decisions. VURAM streamlines risk assessments while maintaining flexibility and will provide consistency and efficiency in VDEQ review of risk assessments. VURAM will be accompanied by a User’s Guide that must be consulted when installing and using the tool.

VURAM and its accompanying user’s Guide was recently released on October 6, 2016.  A link to review and download the program and user’s guide may be found here, VURAM.  In addition, VDEQ is in the process of developing a screening level risk assessment module that will be incorporated in VURAM. Anticipated time of release for VURAM with screening level risk assessment is Spring of 2017.  For more information on the VURAM program or to discuss a remediation project, please contact David Sayre, P.G. at dsayre@aegisenv.com.

 

Multi-Media and Other General Interest

Proposed Revisions to VA DEQ’s Enforcement Manual

The VA Department of Environmental Quality (VDEQ) has recently released for public comment its proposed revisions to the Civil Enforcement Manual.  In addition to organizational and administrative changes, the proposed revisions include a number of significant changes potentially impacting the regulated community.  Some of the more significant revisions include:

  • Negotiations of consent orders moved from the Regional Office level to the Central Office;
  • Administrative exclusion of the State Water Control Board in review of consent orders involving civil penalties less than $40,000;
  • Development of a Priority Matrix which considers harm and severity based on the degree of culpability; and
  • Considerably large increases in penalties for some violations based on new Civil Penalty Worksheets.

For more information or a summary of the proposed revisions, please contact Lori Bonds at lbonds@aegisenv.com.  Links to the full copy of the proposed changes can be found, VDEQ Civil Enforcement Manual

 

Cost of Regulatory Compliance – Virginia

In late September, Virginia’s Joint Legislative Audit and Review Commission (JLARC) published an update to a previous 2006 study assessing the cost of regulatory compliance to our manufacturing community.  The revised study finds that in the most recent 10 years, the cost of regulatory compliance has increased to $1 to $5 billion per year, up from $923 million to $3.49 billion.  Most notably, this increase in compliance cost is primarily driven by federal regulations, as three-fourths of VA regulations have not changed since 2005, and only 28% of the changed regulations have reportedly imposed a negative impact to manufacturing.  A full copy of this JLARC report may be found here,  http://jlarc.virginia.gov/manufact-regs.asp.