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February 2022 |
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Clap for new HAP
For the first time in 32 years, EPA tread new ground by adding a chemical to the CAA’s list of HAPs. Effective February 4, 2022, the agency’s addition of 1-bromopropane (1-BP) means the chemical is now regulated under the law’s Section 112 air toxics program. The rule, however, does not set any emission standard for the pollutant. Instead, the agency intends to issue a separate rule creating a proper regulatory infrastructure addressing how 1-BP, and future new HAPs, will be regulated. READ MORE
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Great tools and March RCRA
Register for our McCoy .VIRTUAL 5-Day RCRA seminar March 7-11, 2022, and receive the 2022 RCRA Reference and Unraveled publications, as well as a binder of course notes updated before each seminar. Sign up early and you’ll get your class materials well ahead of the seminar. Get a head start and review the class agenda.
.VIRTUAL RCRA 5-Day Agenda
Register Here
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CAA question?
Did a Clean Air Act question arise from this week’s job duties? Come to McCoy’s CAA .VIRTUAL training March 29-31, 2022, and our presenters will help clarify the regs. Our virtual seminars are set in a live, interactive, well-lit studio so class is not dull. With help from veteran presenters and essential course materials, you’ll leave feeling comfortable with the CAA regs.
Register for CAA
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Inflation hits CAA and RCRA civil penalties
EPA is required by law to annually adjust the maximum RCRA civil penalties to account for inflation. Because the formulas used are tied to consumer inflation, the 2022 adjustments made in January are approximately 6 percent. Thus, the cost of noncompliance, like all other costs, continues to increase. READ MORE
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Civil inspections rule reversed
In accordance with an executive order, EPA is rescinding a 2020 final rule applicable to onsite civil inspections conducted by federally credentialled EPA civil inspectors, contractors, and senior environmental employment employees. The 2020 rule was originally implemented due to perceived lack of transparency on how EPA conducts onsite civil administrative inspections. This rule reversal is in effect as of December 30, 2021. READ MORE
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Blazing pollution
After Colorado’s most destructive wildfire to date, new studies are showing an increase in air pollution across the American West. What can be done to stop the impact of air pollution from wildfires? Learn more.
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Stricter copper smelting NESHAPs suggested
On January 11, 2022 [87 FR 1616], EPA proposed standards based on its risk and technology reviews of the primary copper smelting NESHAPs for major sources (Part 63, Subpart QQQ) and area sources (Part 63, Subpart EEEEEE). For major sources, the agency proposed strengthening particulate matter emission limits; adding a new standard for mercury; requiring fugitive dust controls; removing the startup, shutdown, and malfunction (SSM) exemption; and requiring electronic reporting. Proposed area source changes include removing the SSM exemption and adding electronic reporting requirements. Comments may be submitted through February 25, 2022 via Docket ID No. EPA-HQ-OAR-2020-0430. More information on the proposed revisions to the two standards is avail-able on EPA’s website.
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Closure device clarity
EPA published new guidance [RO 14940] focused on RCRA Subpart BB and CC applicability for specific equipment and/or closure devices. This final guidance clarifies how the RCRA organic air emission standards apply to closure devices, which has sparked confusion amongst the regulated community. The memo explicitly clarifies Subpart CC applies to closure devices located in covers on top of tanks, containers, and surface impoundments. All other equipment is regulated under Subpart BB. For example, a pressure-relief device on the top of a tank would be regulated under Subpart CC. A pressure-relief device on the side of a tank will be regulated under Subpart BB.
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HW compendium complemented
EPA has added more documents to its Hazardous Waste Generator Regulations Compendium. The compendium is a user-friendly guide that can assist regulators, the regulated community, and the general public on specific issues within the hazardous waste program. Each document contains numerous resources on specific topics. In January 2022, EPA added five documents to the compendium.
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Electric RVs?
Winnebago and Airstream are working towards a more peaceful and emissions free camping experience. With energy-efficient electric RVs in sight, planning an eco-friendly trip isn’t as far away as it seems. Read more here.
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Comment on CCR extensions
Affected facilities have been seeking approval to extend the deadline for unlined coal combustion residuals (CCR) surface impoundments to stop receiving waste. These facilities had the option to submit demonstrations to EPA through November 30, 2020. EPA has reviewed a portion of the demonstrations and plans to announce determinations on the rest as soon as possible. The Agency is seeking public comment and has set up a separate docket for each of the proposed determinations. READ MORE .
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Twelve have two to redo SIPs
Effective February 11, 2022, EPA found 12 states and local air pollution control agencies have failed to submit revised state implementation plans (SIPs) as required by the CAA. [87 FR 1680] The required updates pertain to EPA’s 2015 “SIP calls” for provisions related to excess emissions during startup, shutdown, and malfunction events. The finding initiates a series of deadlines by which the state agencies must submit revisions to their SIPs. If the agencies have not submitted their updated SIPs within 18 months of this finding, 2-to-1 emission offsets will be required for major sources subject to nonattainment NSR. Six months later, highway funding sanctions will be imposed in the affected nonattainment areas, and EPA will promulgate a federal implementation plan for the state. Provided the required SIP revisions are submitted within the given time frames, EPA will not impose these CAA-required sanctions.
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Clean energy progress; look to utility regulators
While performance-based regulations and clean energy goals within states are reaching new horizons, are utility businesses and investors pursuing clean energy? Find out and follow the link below.
Clean Energy Development
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2022 Seminars
3-Day CAA Seminars
.VIRTUAL: March 29–31, 2022
.VIRTUAL: August 9–11, 2022
.VIRTUAL: October 4–6, 2022
5-Day RCRA Seminars
.VIRTUAL: March 7–11, 2022
.VIRTUAL: May 9–13, 2022
Hilton Head Island: May 23–27, 2022
.VIRTUAL: July 25–29, 2022
Lake Tahoe: August 22–26, 2022
.VIRTUAL: September 12–16, 2022
.VIRTUAL: October 24–28, 2022
.VIRTUAL: December 5–9, 2022
2-Day RCRA Refreshers
Denver: February 22–23, 2022
.VIRTUAL : April 26–27, 2022
.VIRTUAL : June 21–22, 2022
.VIRTUAL : September 27–28, 2022
Houston: November 15–16, 2022
Visit understandrcra.com to register or call us at 303-526-2674.
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Lakewood, CO 80228
McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with any guidance provided in RCRA Review. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which such guidance may conflict. Any guidance in RCRA Review is general in nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.
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