Environmental Compliance Update – August 2010

Environmental Compliance Update
August 2010

Additions to the Environmental Compliance Portfolio
During July 2010, over 100 pages of analysis and other materials were added to the
Environmental Compliance Portfolio under the following topics:
• Air Quality Compliance,
• Hazardous Waste Compliance,
• Wastewater and Water Quality Compliance, and
• Business and the Environment (sustainable development and climate change).

Air Quality Compliance Materials and Tools
July 2010 additions to the Air Quality Compliance module included:
• Three new regulatory analysis articles were added, along with supporting Federal
Register documents.
HOT TOPICS include:
• New Emission Standards for Boilers and Process Heaters — On June 4, 2010
(75 FR 32006–32073), EPA proposed maximum achievable control technology
(MACT) standards for industrial, commercial, and institutional boilers and
process heaters located at major sources of hazardous air pollutants (HAPs).
The proposed standards would replace the MACT standards for boilers and
process heaters that were vacated in 2007. Under the proposed rule, existing
boilers and process heaters with a design heat input capacity <10 MMBtu/hr are not subject to emission limits, but would be required to conduct biennial tune-ups. For metal process furnaces and boilers or process heaters that burn natural gas or refinery gas that have a heat input capacity 10 MMBtu/hr, the proposed rule = requires an annual boiler tune-up. All other new and existing units are required to comply with emission limits for mercury, dioxins/furans, particulate matter, hydrogen chloride (HCl), and carbon monoxide (CO). EPA estimates that approximately 13,555 boilers and process heaters would be regulated under the proposed rule. See Replacement MACT Standards Proposed for Boilers and Process Heaters . Hazardous Waste Compliance Materials and Tools July 2010 additions to the Hazardous Waste Compliance module included: • One new regulatory analysis article was added, along with supporting Federal Register documents. • Two new case summaries were added, along with the associated court decisions. • Volume 28, Issue 4 of the Hazardous Waste Consultant was added. A printable/downloadable version of this issue is available to Internet subscribers at Environmental Compliance > Hazardous Waste Compliance > Hazardous Waste
Regulatory Analysis Articles > Hazardous Waste Consultant Archive > .
HOT TOPICS include:
• New EPA Guidance Available —EPA provides support for the RCRA and
underground storage tank (UST) programs via the agency’s frequent question
database. The database allows users to search frequently asked questions, or
submit their own question or comment on a variety of RCRA issues and topics.
This article presents summaries of selected questions and answers (Q&As) from
EPA’s RCRA and UST frequent question database that were updated from
January 1, 2009 to March 31, 2010. The Q&As address the following topics:
1) applicability of the RCRA air emission standards; 2) health effects information
for chemicals; 3) EPA’s responsibilities for corrective action; 4) corrective action
for mercury spills; 5) generator requirements relating to accumulation time limits,
container dating, manifests, training, storing ignitable or reactive wastes, and
onsite treatment; 6) requirements for hazardous waste combustion facilities;
7) identifying and managing hazardous wastes; 8) LDR standards for debris and
empty containers; 9) biennial reports; 10) satellite accumulation areas; 11) test
methods; 12) treatment of cans and containers; 13) requirements for treatment,
storage, and disposal facilities; 14) UST regulations; 15) universal waste
management standards; and 16) used oil transportation. See RCRA Questions
and Answers Provide Regulatory Insight .

Wastewater and Water Quality Compliance Materials and Tools
July 2010 additions to the Wastewater and Water Quality Compliance module
included:
• One new regulatory analysis article was added, along with supporting Federal
Register documents.
HOT TOPICS include:
• New Requirements for Sampling and Analysis Proposed —National Pollutant
Discharge Elimination System (NPDES) permits typically include restrictions on
the mass and/or concentration of pollutants that a permittee may discharge, and
require the permittee to conduct routine sampling and reporting of various
parameters measured in the permitted discharge. In general, NPDES applicants
and permittees are required to use EPA-approved, pollutant-specific test
procedures (or approved alternative test procedures) when measuring the
pollutants in their discharges. On June 23, 2010 (75 FR 35712–35720), EPA

proposed to revise the NPDES regulations to specify that only “sufficiently
sensitive” analytical test methods can be used when completing a permit
application, and when performing sampling and analysis pursuant to monitoring
requirements in an NPDES permit. See Proposed Rule Would Require Use of
“Sufficiently Sensitive” Test Methods .

Business and the Environment
The July 2010 issue of the Business and the Environment newsletter included
five stories on sustainable development and three stories on recent climate change
developments .
HOT TOPICS include:
• Response to Gulf Oil Spill —On June 15, 2010, U.S. President Obama gave his
first speech from the Oval Office during prime television viewing time to lay out a
“battle plan” for dealing with the ongoing spill at BP plc’s Macondo/MC252 well in
the Gulf of Mexico. Mr. Obama’s speech had elements of both realism (“Already,
this oil spill is the worst environmental disaster America has ever faced”) and
optimism (“And in the coming weeks and days, these efforts should capture up to
90% of the oil leaking out of the well”), but time will tell whether the President’s
speech will serve as a rallying cry to galvanize significant change, and to what
end: safer, cleaner methods of oil production; strengthened federal regulations;
development of greener energy sources; or lifestyle changes to reduce the use of
fossil fuels. See US President Unveils Gulf Spill “Battle Plan” — But Against
What Enemy?

Go to http://hr.cch.com/environmental/ for more information on the Environmental
Compliance Portfolio .

Analysis and Other Materials Added to the Environmental
Compliance Portfolio in July 2010

Air Quality Compliance Materials and Tools
Air Quality Regulatory Analysis Articles

NESHAP/MACT

Replacement MACT Standards Proposed for Boilers and Process Heaters
On June 4, 2010 (75 FR 32006–32073), EPA proposed maximum achievable control
technology (MACT) standards for industrial, commercial, and institutional boilers and
process heaters located at major sources of hazardous air pollutants (HAPs). The

proposed standards would replace the MACT standards for boilers and process heaters
that were vacated in 2007. Under the proposed rule, existing boilers and process
heaters with a design heat input capacity <10 MMBtu/hr are not subject to emission
limits, but would be required to conduct biennial tune-ups. For metal process furnaces
and boilers or process heaters that burn natural gas or refinery gas that have a heat
input capacity 10 MMBtu/hr, the proposed rule requires an annual boiler tune-up. All =
other new and existing units are required to comply with emission limits for mercury,
dioxins/furans, particulate matter, hydrogen chloride (HCl), and carbon monoxide (CO).
EPA estimates that approximately 13,555 boilers and process heaters would be
regulated under the proposed rule.

NSPS/Emission Guidelines

Revised Emission Standards Proposed for Commercial and Industrial Solid Waste
Incinerators
On June 4, 2010 (75 FR 31938–32004), EPA proposed to revise the NSPS and
emission guidelines for commercial and industrial solid waste incineration (CISWI) units.
The proposed rule would establish emission limits for five subcategories of CISWI units:
1) incinerators; 2) energy recovery units; 3) waste-burning kilns; 4) burn-off ovens; and
5) small, remote incinerators. EPA expects that the proposed emission limits would
require emission reductions at 172 of 176 currently operating CISWI units (four currently
operating units meet the proposed emission limits). However, for some CISWI units,
owners/operators may determine that it is more cost effective to use alternative means
of waste disposal, rather than comply with the proposed NSPS and emission guidelines.

State Implementation Plans

EPA Issues Findings of Failure to Submit State Plans Addressing PM-2.5
Interstate Transport
On June 9, 2010 (75 FR 32673–32676), EPA issued a finding that 29 states or territories
have failed to submit state implementation plans (SIPs) to satisfy CAA interstate
transport requirements with respect to the 2006 24-hour national ambient air quality
standards (NAAQS) for PM-2.5 (particulate matter with an aerodynamic diameter
= 2.5 microns). States were required to submit SIPs addressing pollutant interstate
transport for the 2006 PM-2.5 NAAQS by September 21, 2009. The June 9, 2010 finding
establishes a two-year deadline for EPA to issue a federal implementation plan (FIP) for
any state that does not submit an approvable plan meeting CAA requirements regarding
interstate pollutant transport.

Hazardous Waste Compliance Materials and Tools

Analysis of Major Hazardous Waste Issues

Guidance, Reports, Policy, Programs

RCRA Questions and Answers Provide Regulatory Insight
EPA provides support for the RCRA and underground storage tank (UST) programs via
the agency’s frequent question database. The database allows users to search
frequently asked questions, or submit their own question or comment on a variety of

RCRA issues and topics. This article presents summaries of selected questions and
answers (Q&As) from EPA’s RCRA and UST frequent question database that were
updated from January 1, 2009 to March 31, 2010. The Q&As address the following
topics: 1) applicability of the RCRA air emission standards; 2) health effects information
for chemicals; 3) EPA’s responsibilities for corrective action; 4) corrective action for
mercury spills; 5) generator requirements relating to accumulation time limits, container
dating, manifests, training, storing ignitable or reactive wastes, and onsite treatment;
6) requirements for hazardous waste combustion facilities; 7) identifying and managing
hazardous wastes; 8) LDR standards for debris and empty containers; 9) biennial
reports; 10) satellite accumulation areas; 11) test methods; 12) treatment of cans and
containers; 13) requirements for treatment, storage, and disposal facilities; 14) UST
regulations; 15) universal waste management standards; and 16) used oil transportation.
Reviews of Court Decisions and Consent Decrees

Appeals Court Ruling Impacts Superfund Cost Recovery and Contribution Claims
On April 12, 2010, the U.S. Court of Appeals for the Third Circuit vacated a district
court’s decision allowing $10.9 million in cost allocation claims for cleanup costs at a
Pennsylvania Superfund site ( Agere Systems, Inc. v. Advanced Environmental
Technology Corp. , No. 09-1814 [3d Cir. April 12, 2010]). Under CERCLA Section 107(a),
one party can potentially hold another party jointly and severally liable for all cleanup
costs, while Section 113(f) limits the suing party to a claim for its fair share of those
costs. The district court had held that a party that obtains protection from Superfund
contribution lawsuits under a government settlement is limited to contribution action
under Section 113(f) when pursuing reimbursement from other parties for its own costs.
The federal appeals court found that, when a potentially responsible party (PRP) pays
money under a private settlement agreement into a group trust account established to
cover a site’s cleanup costs, that PRP can then sue other PRPs for Section 107(a) cost
recovery.

Court Rules State Order Does Not Bar RCRA Citizen Suit
The U.S. District Court for the Middle District of Tennessee recently ruled that a RCRA
citizen suit seeking the cleanup of a Tennessee landfill may proceed ( Natural Resources
Defense Council v. County of Dickson, Tennessee , No. 08-229 [M.D. Tenn. April 1,
2010]). The court based its decision on its finding that a state order was not equivalent to
a Superfund action and, therefore, did not bar the citizen suit. The citizen suit seeks to
compel the defendants to characterize the spread of contamination from a landfill and
remediate the contamination. An ongoing Superfund action may not be challenged in
court, and the defendants claimed that a 2001 order issued by the Tennessee
Department of Environment and Conservation made work at the landfill equivalent to an
ongoing Superfund action. However, the district court rejected the argument that the
state order amounted to a Superfund action.

Wastewater and Water Quality Compliance Materials and Tools
Analysis of Major Wastewater and Water Quality Compliance Issues

Wastewater

Proposed Rule Would Require Use of “Sufficiently Sensitive” Test Methods
National Pollutant Discharge Elimination System (NPDES) permits typically include
restrictions on the mass and/or concentration of pollutants that a permittee may
discharge, and require the permittee to conduct routine sampling and reporting of
various parameters measured in the permitted discharge. In general, NPDES applicants
and permittees are required to use EPA-approved, pollutant-specific test procedures (or
approved alternative test procedures) when measuring the pollutants in their discharges.
On June 23, 2010 (75 FR 35712–35720), EPA proposed to revise the NPDES
regulations to specify that only “sufficiently sensitive” analytical test methods can be
used when completing a permit application, and when performing sampling and analysis
pursuant to monitoring requirements in an NPDES permit.

News

Business and the Environment

The July 2010 issue of Business and the Environment newsletter included the following
articles on sustainable development and climate change:

Focus Report
• US President Unveils Gulf Spill “Battle Plan” — But Against What Enemy?

Perspectives
• Looking Under the Hood at Toyota — Conclusion

Corporate Reporting
• King III Commands Integrated Reporting in South Africa
• Middle East: CSR Valued, But Rarely Reported

Corporate Initiatives
• Biodiversity on the Line
• 3rd Annual Green Business Awards

Product Stewardship and Takeback
• Watch Your Font, or Just Say No to Printing
• Carbon Bricks?

ISO Update
• ISO E 14064, Part 2

Climate Change Update
• Climate Roundup