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No MACT backsliding
For decades since its 1990 inception, the CAA air toxics program held that once a source was considered “major” for a specific MACT standard, it was always major for that standard. However, EPA’s interpretation of this policy changed in 2020 when it finalized a rule allowing major MACT sources to transition to area source standards if reducing their potential-to-emit (PTE) hazardous air pollutants. To prevent backsliding and potential emission increases, EPA has recently finalized a new rule requiring sources at more than two dozen source categories to maintain MACT compliance, even if reducing PTE. READ MORE
Peanut shells as fuel?
Part 241’s nonhazardous secondary material regulations create an interface between RCRA and the CAA. Combusted materials are typically solid waste unless they meet specific criteria in Part 241 and would, in such circumstances, be considered fuel. For clean cellulosic biomass, like peanut shells, this determination may not always be so cut and dry. The latest guidance from EPA’s Office of Resource Conservation and Recovery clarifies the regulatory status of this material stream. These determinations are used to classify units under CAA as boilers, which burn fuel, versus incinerators, which burn solid waste. READ MORE
HFC rule partly vacated
Authorized by the 2020 American Innovation and Manufacturing Act, EPA’s 2021 Allocation Framework Rule established a series of mechanisms to prevent the illegal production, import, and sale of illegal hydrofluorocarbons (HFCs). [86 FR 55116] However, in Heating, Air Conditioning & Refrigeration Distributors Int’l vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 21-1251; June 20, 2023), the courts decided EPA lacked the authority to finalize certain provisions. Consequently, the agency removed regulations that prohibited using disposable cylinders and implemented a cylinder tracking system from Part 84, Subpart A, effective September 11, 2024. [89 FR 73589]
Oil/natural gas face limited legal defense
In the next step to removing affirmative defense provisions from NSPS and NESHAP regulations, EPA pulled the plug on this legal defense from Part 63, Subparts HH and HHH. [89 FR 84291] Affirmative defense allows a source to avoid civil penalties during judicial or administrative proceedings, typically applying within the context of a malfunction resulting in excess emissions. However, the courts found such a mechanism not to be within the authority of EPA but rather the courts. [NRDC vs. EPA; U.S. Court of Appeals, D.C. Circuit; Docket No. 10-1371; April 18, 2014] Effective October 22, 2024, affirmative defense no longer applies to the oil and natural gas production NESHAP and the natural gas transmission and storage NESHAP. In other words, emission standards apply at all times.
McCoy’s Thanksgiving hours!
Thank you for your continued support and business this year. We wish you a safe, happy, and relaxing Thanksgiving weekend filled with friends, family and of course… turkey!
As a holiday tradition, McCoy’s office will be closed November 28-29, 2024. You can reach us at hello@mccoyseminars.com and we’ll assist you when we return the following week.
Last call for Las Vegas
Don’t you worry… there’s still time to register for McCoy’s in-person RCRA seminar in Las Vegas, December 9-13, 2024! But FYI—McCoy’s $45 room rate at The Orleans Hotel & Casino ends November 14, 2024. So, hurry if you want to join the McCoy room block. You don’t want to miss this one, it’s McCoy’s last in-person seminar of 2024!
Las Vegas registration page
Seminar agenda
McCoy’s February .Vs
McCoy’s first .VIRTUAL RCRA seminars of 2025 are taking place in February! Set your sights on the February 3–7, 2025 .VIRTUAL 5-Day RCRA seminar, or the February 19-20, 2025 .VIRTUAL RCRA Refresher if you consider yourself RCRA savvy. Course materials are shipped prior to the seminar and include McCoy’s brand new 2025 RCRA Reference and RCRA Unraveled books, accompanied by a binder with course notes, so make sure to include a good shipping address during registration!
January CAA shipping FYI
Holiday shipping deadlines are coming up hot! But if you’re signed up for the January 14-16, 2025 .VIRTUAL Clean Air Act seminar… don’t sweat it. We’re holding off on shipping course materials until after the New Year—we know you have plenty of other packages to deal with this holiday season. And if you register before January 7th—shipping is on us!
Learn more about McCoy CAA seminars
Next CAA seminar in April
Cali Title 22-RCRA with McCoy
We’ve all heard the expression that California could be its own country... but in RCRA terms, it may as well be. In general, they have tougher regulations compared to federal RCRA and even have their own California-only hazardous waste. So, if you work in Cali RCRA, consider signing up for our Cali Title 22- RCRA seminar taking place April 14-17, 2025. We’ll decipher how the federal RCRA regs, California hazardous waste regs, California Health and Safety Code (HSC), and much more work in Cali!
Sign up here!
Cali 4-Day agenda
Best battery practices
While industrial facilities may manage batteries under the universal waste program, these provisions are not always appropriate for individuals. Through 2025, EPA is hosting a series of webinars to inform the development of voluntary guidelines for battery labeling and best practices for state, Tribal, and local governments to collect end-of-life batteries for recycling. The agency encourages battery and battery-containing device manufacturers, retailers, battery recyclers, and government agencies to register and participate in the upcoming meetings. Information on previous working sessions is also available.
Resilient structures minimize debris
Natural disasters and extreme climate events pose significant risks to human health and the environment and burden communities, waste management facilities, and transporters. The generated debris is often disposed of in landfills, even when it could be safely reused, recycled, or composted. EPA’s Creating Disaster-Resilient Buildings to Minimize Disaster Debris provides practical actions for communities on planning, designing, improving, and adapting new and existing buildings to withstand natural disasters today and in a changing climate. Resilient communities generate significantly less debris during and after a natural disaster, recover faster, and encourage residents and businesses to stay in the area as normal operations resume sooner.
No heat for ICE amendments
Effective August 30, 2024, EPA’s latest CAA rule for internal combustion engines (ICE) makes three small but important changes. [89 FR 70505] First, for Part 60, Subpart IIII, Table 4 documenting the emissions standards for stationary fire pump engines was revised to indicate the carbon monoxide standard applies to all applicable engines. Second, for Part 63, Subpart ZZZZ, “annually” was redefined to state “within 1 year + 30 days” of the previous change/inspection for oil changes and equipment inspections. Finally, for Part 60, Subparts IIII and JJJJ, and Part 63, Subpart ZZZZ, initial notifications of compliance, notifications of compliance status, and annual/semiannual compliance reports must be submitted electronically via the Compliance and Emissions Data Reporting Interface accessible via EPA’s Central Data Exchange.
e-Waste Basel requirements
The Basel Convention, which the United States has not ratified, is an international treaty designed to reduce the transportation of hazardous waste from developed to less developed countries. New requirements under this treaty take effect January 1, 2025, limiting the market for U.S. electronic waste. On October 30, 2024, EPA will host two webinars on new international requirements for imports and exports of e-wastes. Registration is required for each webinar—the first is for the regulated community, and the second is for state and local governments.
One giant leap for e-manifests
EPA’s latest e-manifest rule was finalized in July, further improving the nascent e-manifest system. Integrating exception, discrepancy, and unmanifested waste reports, the added functionality of the system will make it easier for generators and TSDFs to track hazardous waste shipments and make corrections to the shipment documents. Generators must also establish e-manifest system accounts, so see what your facility can expect when the rule takes effect in January 2025. READ MORE
Phishing for NOVs
In July 2024, EPA’s Office of Inspector General (OIG) issued an alert regarding a growing phishing scam targeting businesses with fraudulent EPA Notice of Violation (NOV) letters. Recently, scammers have sent falsified letters through email or the U.S. Postal Service, asking companies to respond by phone or email. The agency strongly encourages a thorough review of NOV letters, especially the email address, and contacting EPA’s enforcement office to validate a letter’s authenticity if suspicious. If you believe you have fallen victim to this fraud or know of potential fraud, report it to the EPA OIG Hotline.
EPA takes on climate change
Climate change poses significant risks to EPA’s ability to fulfill its mission as the last few years have seen climate-related, record-breaking weather extremes. The 2024-2027 Climate Adaption Plan will allow the agency to continue to protect human health and the environment as the climate changes. EPA’s plan incorporates climate risk considerations into rulemaking, policy development, permitting, environmental reviews, and more while focusing on advancing environmental justice. Other federal agencies are also steadily advancing their adaptive capacity and resilience. READ MORE
Back-to-back burner proposals
On July 24 and 25, 2024, EPA proposed amendments to the hazardous waste combustor NESHAP of Part 63, Subpart EEE. [89 FR 59867] The first proposal would revise provisions associated with the emission limit exemption during periods of malfunction, amend emergency safety vent provisions, and add electronic reporting requirements. More information is available via Docket ID No. EPA-HQ-OAR-2004-0022. The agency also proposed a supplemental amendment to the other solid waste incinerators NSPS and emission guidelines of Part 60, Subpart EEEE and FFFF, on July 25, 2024. [89 FR 60342] The proposal would add a definition for a rudimentary combustion device and is meant to reduce the regulatory burden of affected sources in rural Alaska. More information is available via Docket ID No. EPA-HQ-OAR-2003-0156.
Fixing oil/natural gas typos
Oil and natural gas CAA regulations were overhauled in early 2024 to protect human health by reducing greenhouse gas and volatile organic compound emissions. As discussed in a previous article, EPA finalized new Part 60, Subparts OOOOb and OOOOc and an Appendix K optical gas imaging standard. Since then, however, the agency discovered numerous cross-reference and typographical errors. On August 1, 2024, EPA finalized corrections to these inadvertent errors that, while numerous, are minor and non-substantive. [89 FR 62872]
Overhauling organic chemical manufacturing standards
On July 15, 2024, EPA’s new and revised CAA provisions impacting the synthetic organic chemical manufacturing and the polymer/resin industries took effect. Hundreds of chemical plants nationwide affected by these NSPS and NESHAP amendments must achieve compliance within the next three years. Ten stationary source standards have been revised, and four new ones have been promulgated, requiring affected facilities to implement stricter control and monitoring practices to reduce VOC and HAP emissions. EPA estimates approximately 9.3 million people live within 10 km of these facilities, and the rule will reduce the number of people who have an elevated air toxics-related cancer risk by 96% in those surrounding communities. READ MORE
Gutting GHG emissions
Fossil fuel-fired power plants are the nation’s largest source of greenhouse gas emissions (GHG), representing 25% of the United States’ GHG emissions in 2021. GHGs include methane, hydrofluorocarbons, and nitrogen oxide, but one chemical in particular composes 80% of all GHGs in the atmosphere: carbon dioxide (CO2). In May 2024, EPA finalized a series of rules to cut emissions of these climate change culprits at new and existing power plants. The agency’s regulatory impact analysis projects reductions of CO2 emissions by 1.38 billion metric tons through 2047. READ MORE
RCRA regulatory agenda sees few changes
The Spring 2024 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
EPA’s spring CAA agenda
The Spring 2024 regulatory agenda is now available and EPA is planning reviews, revisions, and amendments to scores of CAA 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
Coking oven review complete
Coke is produced in a battery of ovens to remove impurities from coal and used in blast furnaces to produce iron and steel. On July 5, 2024, EPA finalized its amendments to the coke ovens: charging, top side, and door leaks NESHAP and the coke ovens: pushing, quenching, and battery stacks NESHAP. The revisions to Part 60, Subparts L and CCCCC reduce HAP emission limits, require opacity monitoring, set new benzene fenceline monitoring requirements, and revise emission estimate equations. Performance test results and compliance reports must be submitted via the Compliance and Emissions Data Reporting Interface accessible via EPA’s Central Data Exchange.
Broadly removing affirmative defense
Affirmative defense is a mechanism that allows a source to avoid civil penalties during judicial or administrative proceedings and typically applies within the context of malfunction events resulting in noncompliance with any applicable standard. In light of NRDC vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 10-1371; April 18, 2014), which found such mechanism to not be under the authority of EPA but rather the courts, the agency has been removing affirmative defense provisions from CAA Section 111 and 112 rules. On June 24, 2024, EPA proposed removing the provisions from 18 NSPS and NESHAP rules. [89 FR 52425] The agency continues to evaluate violations on a case-by-case basis to determine whether enforcement actions are appropriate. More information is available at Docket ID No. EPA-HQ-OAR-2023-0509.
New lime manufacturing limits
On July 16, 2024, EPA finalized amendments to the lime manufacturing NESHAP. [89 FR 57738] First proposed in January 2023, as discussed in a previous article, the agency attempted to set emission limits on previously unregulated pollutants, including hydrogen chloride, mercury, organic HAPs, and dioxins/furans. Subsequent to that proposal, EPA received negative comments and amended the original Part 63, Subpart AAAAA proposal. While the final rule still sets emission limits for the previously mentioned pollutants, the limits are weaker than those first proposed. No changes were made to the emission limits for particulate matter, a surrogate for non-mercury metal HAPs.
Chevron apple cart overturned
The U.S. Supreme Court recently threw out one of the cornerstones of administrative law, underpinning regulations crafted by all federal administrative agencies, not just EPA. Established as a legal precedent in 1984, “Chevron deference” essentially says if an administrative agency’s implementation of a law via regulation is reasonable, the courts will defer to the agency’s expertise when the law is not explicit. Because the Supreme Court overturned this apple cart without providing an alternative test, it’s going to be chaotic, so watch your step. READ MORE
PFOA/PFOS subject to CERCLA
Evidence shows that PFAS releases may pose a substantial danger to human health and the environment. On May 8, 2024, EPA finalized a rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesuflonic acid (PFOS), including their salts and isomers, as CERCLA hazardous substances. This rule sets a reportable quantity of one pound for these chemicals. Now, EPA and state agencies can quickly respond to PFOA and PFOS releases and recover cleanup costs. READ MORE
MATS emissions slashed
The CAA’s mercury and air toxics standards (MATS) regulate emissions from coal- and oil-fired electric utility steam generating units. MATS has been no stranger to controversy, with EPA being taken to court repeatedly over the standard’s requirements and implementation. The agency’s most recent efforts to strengthen this rule involve cutting emission limits and requiring continuous emission monitoring. This May 2024 rule has been finalized largely as proposed, with only a few minor changes. READ MORE
RCRA permits screen for climate change
On June 5, 2024, EPA finalized guidance for assessing climate change impacts in the RCRA hazardous waste permitting process. [RO 14964] Such assessments involve conducting climate vulnerability screenings, identifying the potential effects of climate change, and adaptations throughout a facility’s permit lifecycle in response to those effects. As mentioned in a previous article on the original draft memorandum, the guidance highlights seven potentially relevant regulatory provisions to address climate change vulnerabilities during permitting. EPA is developing tools like sea level rise projections to aid in these screenings and anticipates further policy updates to enhance climate resilience within the RCRA program.
Legacy CCR impoundments rule
On May 8, 2024, EPA finalized a coal combustion residuals (CCR) rule for inactive surface impoundments at inactive electric utilities, also referred to as legacy surface impoundments. This rule requires facilities with legacy surface impoundments to comply with the existing requirements for active CCR surface impoundments. Deadlines, additional requirements, and numerous technical corrections are also included in the final rule. READ MORE
Stationary source gasoline standards strengthened
Multiple CAA standards control gasoline distribution and transfer, and in May 2024, EPA finalized numerous revisions to the NSPS and NESHAP that regulate these activities. The agency’s final rule results from its technology reviews of Part 60, Subpart XX and Part 63, Subparts R and BBBBBB. A new Part 60, Subpart XXa has also been created to reflect the best system of emission reduction. EPA expects these new provisions to cut thousands of tons of VOC from the atmosphere and reduce emissions of HAPs like benzene, hexane, and xylene. READ MORE
Copper smelting NESHAP controls
On May 13, 2024, EPA finalized new provisions for the primary copper smelting major source and area source NESHAPs. [89 FR 41648] The major source standard of Part 63, Subpart QQQ contains new particulate matter limits for previously unregulated emission points and reduced emission limits for HAPs like mercury, benzene, and dioxin/furans. Both Subpart QQQ and the area source standard of Part 63, Subpart EEEEEE now contain electronic reporting requirements. The startup, shutdown, and malfunction exemption has also been formally removed from both standards, though this provision was previously vacated by the courts and was removed from the Part 63, Subpart A general provisions in 2021. The emission limits and work practice standards for area sources were not revised. This final rule is effective May 13, 2024, and more information is available via Docket ID No. EPA-HQ-OAR-2020-0430.
