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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.
Conquer air with McCoy!
Ready to conquer the Clean Air Act next month? Join us for the upcoming CAA .VIRTUAL seminar August 6-8, 2024, and we’ll begin the CAA siege. Start the duel by uncovering strategies to better understand air quality regulations and finish the battle with gained confidence—enough to handle any Clean Air Act complexity with pride. Let the conquest begin!
Oh, and don’t forget to register five business days before the seminar to avoid shipping costs! And if you can’t make those dates, the next available .VIRTUAL CAA seminar is October 22–24, 2024.
RCRA, Tahoe, lodging for $89
McCoy’s Lake Tahoe seminar is only one month away—August 19-23, 2024. We have a room block for $89 per night until August 5, so sign up today and get RCRA Fundamentals, Air Emissions, Manifesting, LDR, and more. If you’ve considered going, reserve yourself a seat and make hotel accommodations before they fill up!
Fallish RCRA .V
Mark your calendars… McCoy’s next .VIRTUAL 5-Day RCRA seminars are back this fall! Broadcasting live September 16-20, 2024, and November 4-8, 2024, get a chance to learn from industry expert presenters and improve your compliance skills from the comfort of your own home! We’ll ship a course materials package to you prior to the seminar, so be sure to provide a good shipping address during registration.
Full McCoy seminar lineup
California, here RCRA comes
We’ve heard it time and time again—California's hazardous waste regulations can be tough to grasp and require a thorough understanding of both state and federal regulations… then there’s HSC and CCR to worry about! Join our .VIRTUAL seminar, October 7-10, 2024, specifically designed to simplify and clarify these regulations, providing you with the guidance needed to manage hazardous waste in California—reserve your spot today!
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]
Oil and natural gas NSPS overhaul
The oil and natural gas industry is responsible for up to 30% of the country’s methane emissions, among other emissions. Regulated under the CAA, the industry has been subject to increasing regulation and tightening stationary source standards to curb these emissions. In early 2024, EPA finalized a rule significantly increasing the compliance requirements for these climate change contributors. As compliance deadlines approach over the next few years, new and existing sources in the oil and natural gas source category will be responsible for slashing emissions, expanding monitoring, and implementing optical gas imaging. READ MORE
Safe and available OB/OD proposal
Open burning and open detonation (OB/OD) allow for the treatment of waste explosives and munitions that cannot be safely disposed of through other modes of treatment. Because these operations do not use emission capture technologies, the environment surrounding these OB/OD units is often highly contaminated. On March 20, 2024, EPA proposed amendments for the OB/OD of waste explosives, requiring facilities to evaluate and use safer alternative technologies when available. The proposal would result in new Parts 264 and 265, Subpart Y, addressing issues including OB/OD waste analysis, minimum technological standards, exemptions, and unit closure. READ MORE
Subpart P pharmaceuticals applicability
Recent EPA guidance addresses challenging scenarios regarding very small quantity generator (VSQG) requirements for hazardous waste pharmaceutical management. Questions posed to EPA inquire on VSQG pharmaceutical disposal options and the effects of opting into Part 266, Subpart P. The agency also discusses navigating episodic generation and VSQG disposal options, given the unique nature of Subpart P applicability for VSQGs. READ MORE
Integrating new iron and steel emission limits
On April 3, 2024, EPA finalized its review of the integrated iron and steel manufacturing NESHAP. [89 FR 23294] Effective June 3, 2024, the Part 63, Subpart FFFFF revisions require fenceline monitoring for chromium, set limits for previously unregulated mercury, hydrogen fluoride, and dioxins/furans emissions, and institute work practice standards. Though initially proposed, reduced opacity limits for certain blast furnaces and basic oxygen process furnaces (BOPFs) were not finalized. The list of affected sources has also expanded, meaning Subpart FFFFF now also applies to fugitive and intermittent particulate matter emissions from equipment such as blast furnace unplanned and planned bleeder valve openings, blast furnace and BOPF slag processing, handling, and storage units, and blast furnace bell leaks.
EPA rolls out P2 Hub
In EPA’s waste management hierarchy, pollution prevention is the most preferred method of materials management. Rather than dispose of a waste or even recycle it, wouldn’t it be best if that material was never generated in the first place? Pollution prevention, also known as P2 or source reduction, is any practice that reduces, eliminates, or prevents pollution at the source. P2 is not just the responsibility of businesses and government agencies—a P2 approach can even be adopted in our homes. EPA recently launched its P2 Hub Resources Center, which provides links to everything from environmental justice mapping to financing. READ MORE
E-cig safe disposal
E-cigarettes contain nicotine, a p-listed chemical, and lithium batteries. Lithium is a highly reactive metal. Damaged lithium batteries can ignite and cause fires during storage at a generator’s facility or during transportation and disposal. Due to these unique hazards, EPA does not recommend disposing of e-cigarettes in household trash or recycling. Instead, e-cigarettes should be disposed of at household hazardous waste collection sites, which can typically be found through city, county, and state websites. EPA has a printable fact sheet on its website detailing proper e-cigarette disposal.
Healthy household drug disposal
Proper storage and disposal of unwanted medications are essential to prevent accidental poisonings and releases into the environment. While commercial facilities have a clear set of RCRA regulations for managing hazardous waste pharmaceuticals (40 CFR Part 266, Subpart P), such an approach may be a bit overkill for households. EPA’s new household medication disposal website offers resources to help individuals properly manage unwanted or expired medications. READ MORE
NOX NAAQS review kickoff
Conducting a periodic review of a national ambient air quality standard (NAAQS) is a multi-year process composed of many incremental steps. In March 2024, EPA announced it had begun stage one, the planning phase, of its nitrogen oxides (NOX) NAAQS review by making volume 1 and volume 2 of the three-part integrated review plan (IRP) available to the public. [89 FR 19308] IRP volume 1 provides background information on the health-based air quality criteria and primary standards for NOX. IRP volume 2 identifies policy-relevant issues in the review and describes key considerations for EPA’s development of the follow-up integrated science assessment (phase two). Volume 3 will be released later and is the planning document for quantitative analyses to be considered in the future policy assessment (phase three). EPA’s NAAQS review website contains more information on the stages of the periodic review process.
EPA’s FY 2023 enforcement review
Climate change, environmental justice, and PFAS contamination are hot-button issues in environmental policy. To improve in these areas, EPA established goals and objectives in its strategic plan and national enforcement compliance initiatives. EPA recently published and summarized its fiscal year 2023 results and provided plenty of resources and data documenting how it accomplished some goals ahead of schedule while progressing toward others. READ MORE
Mandating e-manifest for agency-led cleanups
Though EPA launched the e-manifest system on June 30, 2018, adoption by the regulated community has been lackluster, as indicated in the agency’s webinars. The agency believes one way to boost adoption numbers is to lead by example. To achieve this goal, EPA’s Office of Land and Emergency Management recently published RO 14961, which requires the agency to use the e-manifest system during EPA-led emergency response and removal actions starting in FY 2025. This internal memorandum requires EPA regions and partner offices to determine the necessary elements to transition existing and future cleanups to using e-manifests. EPA personnel can register for e-manifest access via RCRAInfo, and agency e-manifest contacts are available to help fulfill this new requirement.
Multi-point PCB plans
In August 2023, EPA finalized PCB cleanup and disposal regulations under the Toxic Substances Control Act (TSCA). [88 FR 59662] The rule expanded the options for extraction and determinative methods used for characterizing PCB waste. The agency expects this change to reduce the amount of solvent used in these processes. Additional resources and links to a webinar on this rule are on EPA’s website. Following this rule in December 2023, EPA issued a draft memorandum on its approach to incorporate climate change resilience measures into PCB approvals. This approach encourages project managers overseeing PCB approvals to assess how cleanup, storage, and disposal will affect climate change. The requirement for unreasonable risk determinations will now include an assessment of future conditions. Facilities undergoing self-implementing cleanups in areas EPA believes are vulnerable to adverse climate impacts will have to provide additional documentation to the agency beyond what is required in the TSCA PCB regulations.
ISA leads charge on lead
On February 7, 2024, EPA announced the availability of its “Integrated Science Assessment for Lead,” or ISA. [89 FR 8425] As a CAA criteria pollutant, lead has primary and secondary national ambient air quality standards (NAAQS) to protect public health and welfare. The ISA is an evaluation of the most policy-relevant science that forms the scientific foundation for reviewing NAAQS. As the toxic effects of lead have been known for millennia, the ISA is not overturning our knowledge of lead’s deleterious impacts. Instead, the document provides further quantitative data that can be used to support future reductions to emission limits.
Emission tamp down for taconite
Taconite, a low-grade iron ore, was once considered a waste rock; however, the mineral is now considered a valuable resource in the steel manufacturing industry. Taconite iron ore processing is regulated under Part 63, Subpart RRRRR, which EPA amended under a final rule on March 6, 2024. [89 FR 16408] The rule does not change the applicability of this NESHAP but does set an implementation deadline associated with the tighter mercury and acid gas emission limits. While not a broadly applicable rule with only eight affected sources, the agency still expects mercury emissions to be reduced by 33% and hydrochloric acid and hydrofluoric acid emissions by 72% and 29%, respectively. Particulate matter emissions are also expected to decrease by 35% relative to baseline. More information is available via Docket ID No. EPA-HQ-OAR-2017-0664.
PM NAAQS mostly unchanged
Based on its 2022 policy assessment and 2019 integrated science assessment for particulate matter (PM) discussed in a previous article, EPA finalized the primary and secondary PM national ambient air quality standards (NAAQS) on March 6, 2024. [89 FR 16202] The agency retained the primary and secondary 24-hour PM2.5 standards, the secondary annual PM2.5 standards, and the primary and secondary PM10 standards. Only the primary annual PM2.5 standard has changed, reduced from 12.0 µg/m3 to 9.0 µg/m3. EPA also updated the PM air quality index and monitored network design criteria. More information, including factsheets, presentations, and maps, is available on the agency’s final reconsideration of the PM NAAQS website.
Major PFAS provisions proposed
RCRA-permitted treatment, storage, and disposal facilities are required to clean up releases of hazardous waste and hazardous constituents from solid waste management units under corrective action. A new proposed rule from EPA seeks to amend the definition of hazardous waste as it applies to the corrective action program. This proposal goes hand-in-hand with another, designating nine unique PFAS as RCRA hazardous constituents… a full-court press on regulating PFAS. READ MORE
Eureka!
As the most populous U.S. state and the largest sub-national economy in the world, California is uniquely situated to pave the country’s way into the future—as per the maxim, “As goes California, so goes the nation.” And an essential part of that leadership is environmental stewardship. That’s why we wanted to update our white paper on the California hazardous waste program… to help you be a leader in your environmental program. Now you can sleep easy knowing you’re well prepared to tackle both the federal RCRA regs and the California ones. Talk about a eureka moment.
Interminable incinerator issues
For the past few years, the waste industry has been working around an incinerator backlog. Whether due to labor shortages, cement kiln shutdowns, or simply more waste being generated, reduced incinerator capacity doesn’t allow generators to skirt accumulation time limits. EPA addressed this issue in August 2021 with a memorandum that outlined several existing regulatory options to alleviate compliance challenges. However, the backlog of containerized hazardous waste needing incineration has persisted longer than the agency initially expected. In early 2024, EPA released a set of frequently asked questions regarding these issues. READ MORE
PFAS progress report
PFAS contamination has been at the forefront of EPA’s regulatory agenda over the last three years. On October 18, 2021, EPA announced its PFAS Strategic Roadmap, a plan to address PFAS contamination in the United States. In December 2023, EPA published a progress report reviewing the roadmap’s second year of implementation. The report summarizes the progress EPA has made in tackling PFAS contamination, including improvements in chemical safety, drinking water, water contamination, cleanups, data collection, and industry accountability. The agency also provides a summary of partnerships and community engagement.
Taking down waste combustion emissions
On January 23, 2024, EPA proposed amendments to the new source performance standards and emission guidelines for large municipal waste combustion units. [89 FR 4243] The proposal would reduce the emission limits of nine regulated pollutants for all new and existing sources except for two subcategories of combustors. Also on the table are the removal of the startup, shutdown, and malfunction exemption, electronic reporting, and revised recordkeeping requirements. These updates to Part 60, Subparts Cb and Eb are expected to reduce emissions by 14,000 tons per year. A unique aspect of these Part 60 standards is that because they are derived from CAA Section 129, the emission limits reflect the maximum achievable control technology normally associated with Part 63 air toxic standards. Comments may be submitted through March 25, 2024 via Docket ID No. EPA-HQ-OAR-2017-0183.
CERCLA/corrective action collaboration
Hazardous waste-contaminated sites may be cleaned up under CERCLA or RCRA, the latter conducted through corrective action. Because of overlapping authority, sometimes cleanup activities are inappropriately deferred to one program or the other. Citing the importance of communication and collaboration, EPA’s Office of Inspector General released a report in 1999 making recommendations to help prevent remediation projects from falling through the cracks. EPA recently rereleased a December 1999 memorandum emphasizing how deferring a cleanup to RCRA requires a written notification to the receiving corrective action program, which then confirms the deferral is appropriate and all necessary information is obtained. [RO 14960] The CERCLA and corrective action programs should assign a site deferral coordinator and establish a timeline for the approval process while documenting all aspects of the deferral.
Updated CAA proposal for lime manufacturing
In early 2023, as discussed in a previous article, EPA proposed revisions to the lime manufacturing plant NESHAP in Part 63, Subpart AAAAA. Based on information gathered during the comment period, the agency proposed additional revisions to those emission limits on February 9, 2024. [89 FR 9088] Mercury and dioxin/furan emission limits for all kilns would be increased while no revisions would be made to the total hydrocarbon limits. Depending on lime kiln design, the hydrogen chloride emission limits are revised upwards, downwards, or, in some instances, are unchanged. A new emissions averaging compliance alternative is also proposed for hydrogen chloride and mercury emissions at existing sources. More information is available at Docket ID No. EPA-HQ-OAR-2017-0015.