ENVIRONMENTAL COMPLIANCE

NSPS, NESHAP, and MACT General Provisions Revised to Allow Extension of Testing Deadlines

In a May 16, 2007 final rule (72 FR 27437-27443), EPA revised the general provisions of the new source performance standards (NSPS), national emission standards for hazardous air pollutants (NESHAP), and maximum achievable control technology (MACT) standards to allow regulated entities to request an extension of the deadlines by which they would otherwise be required to conduct performance tests. The final rule provides a mechanism whereby owners/operators of sources regulated under NSPS, NESHAP, or MACT standards can request an extension of performance test deadlines in the event of a force majeure. Prior to the May 16, 2007 rulemaking, the NSPS, NESHAP, and MACT general provisions (Subpart A to 40 CFR Parts 60, 61, and 63, respectively) did not include exceptions for cases when the required performance tests cannot be completed due to circumstances beyond the control of a source’s owner or operator.

Supplemental Proposal Issued Concerning the Emission Test Used to Determine NSR Applicability

On May 8, 2007 (72 FR 26202-26227), EPA issued a supplemental proposal to revise the procedures for determining whether an emission increase will occur as a result of modifications to electric generating units (EGUs). Under the May 8, 2007 proposal, if a proposed change to an existing EGU would increase the maximum hourly emission rate of the unit, then the change may be subject to prevention of significant deterioration (PSD) or major nonattainment new source review (NSR). PSD review and nonattainment NSR are often collectively referred to simply as NSR. The proposed rule supplements an October 20, 2005 (70 FR 61081) proposed rule that also seeks to establish that a change in hourly emissions would determine whether an emission increase occurs at EGUs. Under current regulations, pre-change annual emissions are compared to post-change annual emissions when deciding whether the change will cause an emission increase. If an increase in annual emissions will occur, then the change to the EGU may be subject to NSR permitting requirements. The May 8, 2007 proposed rule presents two options for revising the NSR requirements associated with modifications to EGUs. In EPA’s preferred option, the hourly emission increase test would be added to existing requirements for computing an annual significant emission increase and annual significant net emission increase when deciding whether major NSR is required. The second option presented in the supplemental proposal would use the hourly emission increase test to determine NSR applicability, but would not include the tests for annual significant emission increase, nor annual significant net emission increase. In both options, determining maximum hourly emissions on an output basis would be an alternative method to implement the maximum hourly emission test.

EPCRA Reporting Requirements for Dioxin and Dioxin-Like Compounds Revised

EPCRA Section 313 requires facilities that manufacture, import, process, or otherwise use certain toxic chemicals in excess of specified threshold quantities to annually report on chemical releases to the environment. The data must be provided annually on a toxics release inventory (TRI) reporting form (e.g., Form R). In 1999, EPA added the dioxin and dioxin-like compounds category to the Section 313 list of toxic chemicals. The 1999 rule requires facilities to 1) report releases of dioxin and dioxin-like compounds in units of total grams for the whole category; and 2) provide a single distribution of the individual dioxin and dioxin-like compounds at the facility, which represents either total releases, or releases to the air, land, and water. On May 10, 2007 (72 FR 26544-26554), EPA revised the EPCRA Section 313 reporting requirements for dioxin and dioxin-like compounds. In addition to requiring continued reporting of total gram quantities for the dioxin and dioxin-like compounds category, the final rule requires facilities to report the mass quantity of each individual member of the category. EPA will use the reported mass quantity data to determine the toxic equivalency (TEQ) for the reported release. EPA believes the revised reporting requirements will improve the usefulness of the TRI data by providing additional information on the toxicity of releases of dioxin and dioxin-like compounds. The revised reporting requirements will apply beginning with the 2008 reporting year (i.e., January 1, 2008 through December 31, 2008), for which TRI reports are due by July 1, 2009.

Compliance Dates for SPCC Plans Extended Again

On May 16, 2007 (72 FR 27443-27448), EPA once again extended the date by which facilities must prepare or amend spill prevention, control, and countermeasure (SPCC) plans. The final rule extends the compliance date for SPCC plans from October 31, 2007 to July 1, 2009. EPA indicates that the compliance date extension is appropriate because the agency intends to propose and promulgate changes to the SPCC regulations later this year. Extending the compliance date will allow affected facilities to comply with the revised requirements, rather than the current regulations. EPA issued oil pollution prevention regulations in 1973 to address the oil spill prevention provisions contained in the Federal Water Pollution Control Act of 1972 (commonly known as the Clean Water Act; see 33 U.S.C. §1251 et seq.). The 40 CFR Part 112 regulations were significantly revised July 17, 2002 (67 FR 47042). In that rulemaking, EPA changed the applicability criteria that establish which containers of oil are subject to the oil pollution prevention regulations and restructured the Part 112 regulations to separately address different types of oil (e.g., petroleum products versus animal or vegetable oils). The compliance dates associated with the July 17, 2002 rulemaking were extended on January 9, 2003 (68 FR 1348); again on April 17, 2003 (68 FR 18890); a third time on August 11, 2004 (69 FR 48794); and a fourth time on February 17, 2006 (71 FR 77266). The latest compliance date extension is effective May 16, 2007.

SUSTAINABLE DEVELOPMENT

A Fully Biodegradable Plastic

The breakthrough announcement that Metabolix and Archer Daniels Midland (ADM) will jointly produce a natural plastic was first announced at a conference in early 2007. “The Environmental Benefits of Natural Plastics through Its Lifecycle,” presented by Johan van Walsem of Metabolix, was one of a series of innovative presentations given at the Sustainable Materials Conference—Green Plastics Manufacturing, at the University of Massachusetts-Lowell’s Center for Green Chemistry, 17–18 April 2007. Metabolix, a company that uses bioscience to offer sustainable and alternative solutions for plastics, fuels, and chemicals, and ADM, a recognized global leader in bioenergy and a leading agricultural processor, announced that both companies will produce Mirel natural plastics. Mirel is part of a family of high performance natural plastics that are completely biodegradable because they are "biobased."

CLIMATE CHANGE

Momentum for Greenhouse Gas Cuts Grows

The last few months have seen some interesting moves with respect to greenhouse gas (GHG) management in the world’s largest economies. The momentum toward national and global agreements to reduce GHG emissions seems to have accelerated. It will be interesting to see if there are significant changes on the horizon, or if it all adds up to nothing more than a season of "hot air."

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