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March 2022

RCRA + CAA: dual or duel?

When the RCRA air emission standards in Parts 264/265 Subparts AA, BB, and CC were promulgated, EPA did not want overlapping regulation occurring between RCRA and CAA. Thus, hazardous waste vents and units otherwise subject to Subparts AA and CC are exempt, provided controls are already required by an applicable CAA source category standard. For Subpart BB, facilities have a compliance election provision they may use. New guidance discusses this topic and assists regulators and the regulated community in determining if these exemptions or elections are applicable. READ MORE

RCRA flummoxing? Get refreshed

The RCRA regs can certainly be flummoxing, even for regulatory veterans. Come get refreshed, April 26-27, 2022. McCoy’s 2-Day .VIRTUAL RCRA Refresher class is fast-paced and accelerated. If you’re comfortable with RCRA but can’t be away from your facility for too long, and you’re looking to understand the essential parts of RCRA, this is the perfect solution. Register today.

Generator guidance garnished

The 2016 Hazardous Waste Generator Improvements Rule revised and reorganized the RCRA requirements for hazardous waste generators. However, this means that past EPA guidance may reference outdated provisions and regulatory citations. EPA recently addressed this for two guidance documents, RO 11200 and RO 11062, by clarifying the guidance is still applicable with minor language changes. New regulatory citations are also addressed in a cover letter attached to the original guidance documents.

Big battery manufacturing mods

Used in automobiles and heavy machinery, emergency lighting, and large-scale electrical grid power systems, lead-acid batteries are ubiquitous. Approximately 40 lead-acid battery manufacturing facilities are in operation throughout the United States and are subject to CAA standards under both the NSPS and NESHAP programs. EPA has reviewed these lead-acid battery standards and found room for additional requirements based on improved operating practices and control technologies. The agency proposed updates for these rules and is receiving comments through April 15, 2022. READ MORE

Reading EPA’s radar

You may not be aware of it, but EPA has a list of Compliance Advisories and Enforcement Alerts, including all they have issued since 2019 and a selection of historical advisories/alerts. Each advisory/alert identifies a specific agency priority at the time it was issued (e.g., PFAS in ski wax). These documents address a variety of audiences in the regulated community and often provide clear and concise guidance on how the agency believes the various regulations apply to specific situations. One example posted in this list is a 2020 EPA enforcement alert, discussing the national compliance initiative focusing on RCRA air emissions.

MATS benefits bolstered

On February 9, 2022, EPA proposed to revoke a 2020 finding stating it is not appropriate and necessary to regulate coal- and oil-fired electric utility generating units (EGUs) under the CAA. [87 FR 7624] EGUs became regulated under the Mercury and Air Toxics Standards (MATS) NESHAP [Part 63, Subpart UUUUU] on February 16 2012. [77 FR 9304] After a contentious history, EPA’s 2020 risk and technology review (RTR) found fault in the original benefit-cost analysis, allowing it to stop enforcing emission limits. [85 FR 20838] With a change in administration, the agency is now rejecting its 2020 finding and also soliciting comments on HAP-control technologies, methods of operation, and risk-related information to more thoroughly review the 2020 MATS RTR. Comments will be accepted through April 11, 2022 via Docket ID No. EPA-HQ-OAR-2018-0794.

Mushy snow for mushers

Warmer weather is making challenging snow conditions for mushers and their dog sled teams well…mushy. Read how climate change is affecting dog sledding communities. Dive in and hear what a professional dog-sled racer, Blair Braverman, has to say on the changing sport.

Interview with dog-sled pro, Blair Braverman

May .Virtual RCRA

Don’t miss out on our .VIRTUAL May 9-13, 2022, RCRA seminar as it’s the last .VIRTUAL RCRA 5-day until summer. You’ll enjoy the convenience of the online format—and we’ve worked hard so the seminar is not dull. You’ll enjoy the side-by-side option that enables you to see the presenter and the presentation at the same time. Review the class agenda and plan your day. Sign up now.

Plastic problem?

The U.S. Plastics Pact brings together businesses, not-for-profit organizations, government agencies, and research institutions that work together toward a common vision of a circular economy for plastics. And this pact is identifying non-recyclable plastic packaging. Learn which 11 that are not currently reusable, recyclable, or compostable at scale in the U.S. and make it on their “Problematic and Unnecessary” materials List.

Alternative air methods available

Every year EPA adds to its list of CAA broadly applicable alternative test methods, most recently on January 21, 2022. [87 FR 3296] The agency regularly reviews requests from owners of affected sources to allow for alternative test methods. Sometimes required stack testing equipment is inappropriate given a site’s unique circumstances. Other times a method is ineffective at measuring air pollutants below a specific concentration. Rather than continuously granting the same alternative methods on a site-specific basis, EPA simplifies the process and allows these oft-requested alternatives to be used by any source without further agency approval. More information can be found in the agency’s original January 30, 2007 notice. [72 FR 4257]. In a separate notice on January 24, 2022, EPA withdrew two previous alternatives once available for the residential wood heaters NSPS. [87 FR 3532]

Sounds of nature

Most of us have experienced stress or unease from disruptive noises especially in urban environments. Is human-made noise causing stress? Read why author and soundscape ecologist, Bernie Krause, believes it is, and that he believes the sounds of the natural world can be “very restorative and therapeutic.”

Hear bird sounds from 2004 to 2015

NHSM petition denied, mostly

A petition requesting amendments to the 40 CFR Part 241 nonhazardous secondary materials (NHSM) regulations was submitted on March 21, 2011. The petition requests three changes to NHSM regulations, including 1) changing a legitimacy criterion from mandatory to “should consider,” 2) removing limitations on creosote-treated railroad ties, and 3) revising the definition of paper recycled residuals (PRR). EPA proposes to deny the requested amendments but plans to revise the definition of PRR. READ MORE

CAA dream come true

McCoy CAA training is no longer a dream, but a dream come true. The logical, building block training methods you’re used to at a McCoy RCRA seminar has made its way to the Clean Air Act, turning a dream into reality. Sign up for the upcoming class, March 29-31, 2022. Dreams really do come true.

MON RTR challenged

A risk and technology review (RTR) for the miscellaneous organic chemical manufacturing NESHAP (MON, Part 63, Subpart FFFF) was completed on August 12, 2020. [85 FR 49084] Since then, EPA has received petitions for reconsideration due to previously unavailable data, and the agency is now requesting comment for reconsideration of the rule, as required by CAA Section 307(d)(7)(B). [87 FR 6466] The petitions argue EPA’s use of the 2016 integrated risk information system (IRIS) value for ethylene oxide was flawed. Instead, the agency should use the Texas Commission on Environmental Quality’s risk value for ethylene oxide, which by using a different model, estimates the ethylene oxide risk value to be 2000-fold lower than that of the IRIS risk value. EPA proposes to reject this reconsideration and reaffirm its use of the 2016 IRIS cancer risk value for ethylene oxide. Comments will be accepted through March 24, 2022 via Docket ID No. EPA-HQ-OAR-2018-0746.

.Virtual [ONLY!] discount

Does your team need RCRA training? Groups of five or more attendees are eligible for a multi person discount at a .VIRTUAL seminar (offer is NOT valid at McCoy “in-person seminars,” sorry). Call 303-526-2674 or email us at hello@mccoyseminars.com for more information. Review our upcoming seminar dates. Enjoy this opportunity for McCoy’s .VIRTUAL seminars—only.

McCoy Full Schedule

Minimal MSW landfill tweaks

EPA’s technical revisions and clarifications for the municipal solid waste (MSW) landfill CAA standards of Part 60, Subpart XXX and Part 63, Subpart AAAA became effective February 14, 2022. [87 FR 8197] The revisions make relatively minor changes to wellhead monitoring provisions, compliance timing for different types of landfills, definitions, and cross-references. The rule also makes small changes to Part 62, Subpart OOO, the federal plan for certain MSW landfills that have not triggered Subpart XXX compliance or are in states without an EPA-approved Part 60, Subpart Cf emission guideline. None of the changes to the three subparts substantially alter a facility’s applicability determination or compliance requirements.

RCRA…vacation?

It’s never too early to start planning for summer. Get your RCRA training with McCoy on August 22-26, 2022. Take advantage of this “in-person seminar,” enjoy Harveys Lake Tahoe Hotel & Casino, and make it a vacation! Reserve your accommodations with our room rate of $85.00 per night by following the link below.

Seminar registration
Reserve your accommodations at Harveys

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: 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
.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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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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