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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.
RCRA before the holidays!
With all the holiday madness of cooking, shopping, ghosts and goblins, and future family gatherings just around the corner…plan ahead and get your RCRA training done early. Thanks to McCoy’s .VIRTUAL RCRA seminar to be held on November 4-8, 2024, you can enjoy this year’s holiday season stress free!
Houston RCRA getaway
Join us in Houston, Texas, on November 20–21, 2024, for our 2-day in-person RCRA Refresher Seminar, at the South Shore Harbour, an all-inclusive resort, featuring a premier fitness center, spa, three restaurants, an outdoor pool, and access to the 27-hole South Shore Harbour Country Club…so come for two days of RCRA training and if you can swing it, stay a few more days in sunny Houston!
V02: California Title 22-RCRA seminar
McCoy’s second California Title 22-RCRA .VIRTUAL seminar is taking place April 14-17, 2025! Take your haz waste knowledge to the next level with McCoy’s California specific guidance. And if you’ve been eyeing the new 2025 RCRA Unraveled and RCRA Reference publications… it's the perfect chance to get your hands on a set. A brand-new pair of books and UPS ground shipping is included with every registration! Sign up online or call us at 303-526-2674.
Fresh skies with our CAA seminar
Protecting the air means protecting our future. And that's what we set out to accomplish with McCoy’s Clean Air Act seminars. Join us at the next .VIRTUAL CAA Unraveled seminar taking place January 14-16, 2025. Start by breaking down the regulations and applicability processes—and finish with a better understanding of CAA compliance. Together we’ll strive toward cleaner and healthier air for our planet! Register today.
Vegas or Virginia Beach?
What are you waiting for? Hurry up and register for McCoy’s Las Vegas 5-Day RCRA seminar, December 9-13, 2024, while seating is still available for this very popular destination and hotel accommodations are just $45 a night at The Orleans Hotel & Casino. And if the end of the year doesn’t work for your schedule, try the first 2025 in-person seminar, Virginia Beach, March 10-14, 2025. Don’t miss out and register today.
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.
Next step in NSR revisions
For much of the CAA’s new source review (NSR) program’s history, emission decreases were not allowed to be considered in step 1 of a major modification determination. Though that provision officially changed with the 2020 project emissions accounting rule, EPA recognized some loopholes were introduced to the NSR program. Now, the agency proposes to button things up by better defining what constitutes a project, strengthening administrative requirements, and requiring emission decreases to be enforceable. READ MORE
PFAS D&D guidance updated
In April 2024, EPA updated its December 2020 interim guidance on per- and polyfluroralkyl substances (PFAS) and PFAS-containing materials destruction and disposal technologies. The updated guidance reviews three existing PFAS destruction technologies: landfilling, incineration, and deep-well injection. The interim guidance also evaluates the effectiveness of four emerging technologies and covers technology evaluation methods. READ MORE
Enforceable MCLs for PFAS
EPA regulates emerging contaminants of concern in drinking water through the Safe Drinking Water Act (SDWA). On April 26, 2024, EPA finalized a national primary drinking water regulation establishing maximum contaminant levels (MCLs) and goals for six individual per- and polyfluoroalkyl substances (PFAS) and mixtures of PFAS under the SDWA. This final rule also includes a novel hazard index MCL, public notice, monitoring, and reporting requirements. READ MORE
No more permits for “other” incinerators
CAA Title V permits are not only for major sources of hazardous air pollutants—many area sources, incinerators, and mineral processors also require them. But does a Title V permit make sense for low-emitting equipment often only used temporarily to manage natural disaster-derived vegetation debris? State and industry stakeholders did not believe so and provided comments as part of an August 2020 other solid waste incineration units (OSWI units) source category review. [85 FR 54178] On April 17, 2024, EPA exempted from Title V permit requirements air curtain incinerators regulated under Part 60, Subpart EEEE or Subpart FFFF that burn only wood waste, clean lumber, and yard waste. [89 FR 27392] The rule eliminates only the need to obtain a Title V permit but still requires compliance with the emission and opacity limits in these standards.
Stationary combustion turbine delisting petition squashed
CAA Section 112(c)(9) provides a mechanism by which EPA may use its discretion to delist source categories from the NESHAP program. In 2019, members of the oil and natural gas industry petitioned the agency to delist the stationary combustion turbine source category regulated under Part 63, Subpart YYYY. On April 16, 2024, EPA denied the petition on the grounds it was incomplete and associated health risk criteria were not met. [89 FR 26835] The agency also stated the denial is “with prejudice” and will deny any future petition to delist the source category as a matter of law unless a future petition is accompanied by substantial new information or analysis.
Sterilizing EtO emissions
Ethylene oxide (EtO) is a critical chemical in the healthcare industry as a sterilization agent. As a hazardous air pollutant, EtO is regulated under Part 63, Subpart O, and on April 5, 2024, EPA finalized its residual risk and technology review of the commercial sterilization facilities NESHAP. [89 FR 24090] The rule revamps Subpart O by broadening applicability, adding continuous emissions monitoring requirements for most facilities, and regulating more sources. Staggered compliance times and variable emissions reduction targets are set, depending on the emission source and quantity of EtO used. The agency has published a compliance guide to help sterilizers get up to speed on the new rule.
Minor revisions to major source standards
On April 4, 2024, in response to petitions, EPA finalized a series of revisions to four Part 63 air toxic standards: Subpart CC petroleum refineries, Subpart YY ethylene production, Subpart EEEE organic liquids distribution, and Subpart FFFF miscellaneous organic chemical manufacturing. [89 FR 23840] The final rule includes three primary changes. First, pressure relief devices and smoking emergency flares during force majeure conditions must be evaluated and accounted for. Second, floating roof storage vessels may be opened before degassing but only in a limited manner and without actively purging the tank. Third, heat exchange system leak monitoring may use water sampling methods in limited instances.
PVC petition denied
In early 2023, EPA tentatively denied the Center for Biological Diversity’s request that discarded polyvinyl chloride (PVC) be listed as a hazardous waste under RCRA. After a recent public comment period, the agency has affirmed its earlier decision and formally denied the petition. The CAA already regulates air emissions from incinerators that may combust PVC, and RCRA prohibits open solid waste dumping while setting landfill leachate standards. EPA found these considerations and stakeholders’ failure to provide sufficient information to justify listing discarded PVC as a hazardous waste warranted the petition’s denial.
Mercury imports rising
On December 26, 2023, EPA’s Office of Chemical Safety and Pollution Prevention announced the availability of the 2023 Mercury Inventory Report for the 2021 reporting year. [88 FR 88915] This report summarizes data collected from mercury manufacturers, importers, and processors on mercury supply, use, and trade in the United States, including mercury recycling. Though elemental mercury exports are banned under the 2008 Mercury Export Ban Act, exporting mercury-added products is generally not prohibited. Additionally, the import of mercury and mercury-added products has increased despite a lack of national recycling options. When mercury is recovered from mercury-containing waste and metal ore and discarded, that recovered elemental mercury would carry the RCRA U151 waste code. [RO 14934]