TSCA

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TSCA Other Regulatory Items

• February 2006
• Lincoln, Nebraska

trinityconsultants.com
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Introductions

• Don Gansert Managing Consultant
• Trinity Consultants
• Olathe, Kansas
• [phone]

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Agenda

• TSCA
• Tier II Reports
• Toxic Release Inventory
• SPCC
• RCRA
• Storm Water
• PM 2.5

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TSCA

• The Toxic Substances Control Act (TSCA) of 1976
  tracks 75,000 industrial chemicals currently
  produced or imported into the United States
• EPA screens these chemicals and can require
  reporting or testing of those that may pose an
  environmental or human-health hazard

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TSCA

• Report any chemical substance listed in the
  Master Inventory File unless excluded
• Manufactured (including imported) for commercial
  purposes 25,000 lbs. or more at any time during
  calendar year 2005 or during the calendar year at
  5year intervals thereafter is subject to
  reporting.

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TSCAReporting

• The first submission period is from August 25,
  2006, to December 23, 2006
• Subsequent recurring submission periods are from
  June 1 to September 30 at 5year intervals after
  the first submission period
• Retain records for 5 years or longer

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TSCAReporting Forms

• Use the EPA form identified as Form U
• Website
• http//www.epa.gov/oppt/iur

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TIER II

• Federal Regulation 40 CFR 370.20
• The requirements apply to any facility that is
  required to prepare or have available a material
  safety data sheet (MSDS) for a hazardous chemical
  under the Occupational Safety and Health Act of
  1970 and regulations promulgated under that Act.
• Nebraska Regulation (Title 67)

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Tier II Definitions Thresholds

• Threshold Planning Quantity (TPQ)
• Typically reporting threshold is 10,000 pounds
• Extremely Hazardous Substance (EHS)
• Lower reporting threshold (examples below)
• Sulfuric Acid (Hydrogen Sulfide) 500 pounds
• Ammonia 500 pounds
• Chlorine 100 pounds

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TIER IIThreshold Levels

• The threshold for reporting for EHS is 500 pounds
  (or approximately 55 gallons) or the TPQ,
  whichever is lower.
• EHS Information named the EPA Title III List of
  Lists, and
• EPCRA Hotline at 1-[phone], or
• http//www.epa.gov/ceppo/pubs/title3.pdf
• The threshold for reporting for all other
  hazardous chemicals is 10,000 pounds.

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TIER II Reporting

• Submit the Tier II form on or before March 1
  (postmarked).
• For all hazardous chemicals above the reporting
  threshold at any one time during the preceding
  calendar year.

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TIER II Reporting

• Signed reports must be submitted to THREE
  agencies
• The State Emergency Response Commission c/o Mark
  Lohnes,
• your LEPC and
• the Fire Department / District with jurisdiction
  for your facility.
• Each agency must receive an electronic or
  original signature on the report.

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TIER IIExample

• Sulfuric acid (7664-93-9)
• EHS Chemical,
• TPQ of 500 lbs
• Examples
• Stored in totes for wastewater treatment
• Stored in lead acid batteries, i.e.,
• Forklifts
• Emergency Generators
• UPS Systems
• Electric Vehicles

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TRI

• Established under EPCRA
• 40 CFR Part 372 Toxic Chemical Release
  Reporting Community Right to Know
• Provides information on releases and transfers of
  toxic chemicals
• Form As/Rs due July 1st

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TRI Use of Data

• Public Use
• Releases in their community
• Public interest groups
• Industry Use
• Improve internal auditing
• Identify material losses
• Public relations tool
• Government
• Pollution prevention programs
• Legislature
• Insurance Companies

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TRIEPCRA Section 313 Chemicals

• Current list exceeds 600 chemicals and chemical
  categories
• Lead Compounds, Mercury Compounds
• Full list available at 40 CFR Part 372.65
• Persistent, Bioaccumulative, and Toxic (PBT)
  Chemicals Special (lower) thresholds and
  reporting considerations
• Qualifiers subject only in specified form

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PBT Chemicals and Chemical Categories

• 20 chemicals /chemical categories are subject to
  the PBT rule
• Aromatics Benzo(g,h,i)perylene, dioxin and
  dioxin like compounds category,
  hexachlorobenzene, octachlorostyrene,
  pentachlorobenzene, polycyclic aromatic compounds
  (PAC) category, polychlorinated biphenyl (PCB)
  and tetrabromobisphenol A (TBBPA)
• Metals Mercury, mercury compounds category,
  lead, and lead compounds category
• Pesticides Aldrin, chlordane, heptachlor,
  isodrin, methoxychlor, pendimethalin, toxaphene,
  trifluralin

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TRIPBT Reporting Thresholds

• The reporting threshold is 100 pounds per year
  for chemicals that are PBT
• For a subset of PBT chemicals that are highly
  persistent and highly bioaccumulative, the
  reporting threshold is 10 pounds per year
• For dioxins and dioxin-like compounds, there is a
  separate reporting threshold of 0.1 grams per
  year
• NOTE EPA is cracking down for over/under
  reporting on TRI!

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TRI Burden Reduction Phase I

• Final rule issued July 12, 2005 and effective on
  September 12, 2005. Available at
• http//www.epa.gov/tri/tridata/modrule/index.htm
  
• Streamlined TRI reporting by eliminating some
  data that can be obtained from other EPA
  databases
• Location information (latitude/longitude)
• EPA Identification Numbers such as RCRA ID No.,
  Facility NPDES Permit Number(s), and Underground
  Injection Well Code ID No.
• Other changes
• Minor changes to waste management activities
  reporting
• Simplify pollution prevention activities reporting

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TRI Burden Reduction- Phase II

• On September 21, 2005, EPA proposed rule to
  expand use of Form A for more facilities
• May use Form A for PBTs (except for dioxin and
  dioxin like compounds) if
• No disposal or other releases to the environment
• Do not manage more than 500 pounds total of the
  chemical by treatment, energy recovery, or
  recycling
• May use Form A for non-PBTs if
• Do not manage more than 5000 pounds total of the
  chemcial by treatment, energy recovery, or
  recycling
• The 1,000,000 lb threshold for manufacture,
  process, or otherwise use of the chemical is NOT
  affected by this proposal

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TRI Burden Reduction- Phase III

• On September 21, 2005, EPA also notified Congress
  of intent to consider rulemaking to modify
  reporting frequency from annual to biennial
• May not initiate rulemaking before 12 months
• Must initiate rulemaking within 24 months
• EPA will spend next 12 months meeting with
  stakeholders to gather data to support statutory
  determinations prior to rulemaking

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SPCC

• On February 9, 2006, comment period closed for
  the proposed amendment to self certifying plans
  for facilities of less than 10,000 gallons
• On February 10, 2006, compliance dates for all
  facilities extended until October 31, 2007

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SPCC

• Currently, threshold determination based on
• All storage containers of 55 gallons larger
• Bulk oil storage,
• Oil-filled electric transformers,
• Process oil tanks
• Hydraulic equipment tanks
• Certification of the Applicability of the
  Substantial Harm Criteria
• Must be included with SPCC Plan
• Refer to 40 CFR 112.20(e)
• A copy of the form is located in Appendix C,
  Attachment C-II

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RCRAUniform Manifest

• March 4, 2005 - Uniform Manifest Regulations
  finalized
• April 1, 2005 - RCRA Hotline Shutdown
• September 5, 2006 Uniform Manifest mandatory

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RCRAUniform Manifest

• Intent of the rule is to standardize all manifest
  requirements and eliminate confusion over
  optional fields
• Specific details provided in preamble for the
  intent of required manifest information
• EPA claims ignorance on current residue
  management practices

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RCRAHW Manifest Timeline
September 5, 2005
September 5, 2006
2005
2007
2006
Delayed Compliance Period (12 months) Only
existing forms and requirements will be
implemented
New Forms Mandatory! Comply with new regulations
regardless of States authorization status
Rule becomes effective 6 months after publication
Current regulations are in effect
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RCRAForm Acquisition

• States are not allowed to require generators to
  use state specific forms
• Generators, transporters, or TSDF can register
  with EPA to print manifests
• Can also obtain manifests from registered sources
  (e.g. states, printers, waste handlers)

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RCRA

• If you placard the hazardous waste,
• Impact Department of Transportation (DOT)
• Must register as transporter
• Must have a security plan
• Training
• On-site
• En route
• If LQG, facility may include DOT security
  components in Contingency Plan

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Storm Water

• On-site construction requires a storm water
  permit if
• One acre or more is disturbed
• The permit requires the development of a storm
  water pollution prevention plan (SWPPP), the plan
  to include
• Best management practices
• Certification statement
• Inspections
• Etc.

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Draft PM2.5 Implementation Rule (1/6)

• Released on 09/08/2005
• SO2 is a precursor to PM2.5 in all areas
• NOX is presumed to be precursors to PM2.5 in all
  areas (unless the state can prove otherwise and
  EPA has not identified the area in a State as a
  source of a PM2.5 interstate transport problem)
• VOCs and NH3 are presumed not to be precursors to
  PM2.5 in any area (unless the NDEQ proves
  otherwise)

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Draft PM2.5 Implementation Rule (2/6)

• Major source thresholds
• Attainment areas - 100 tpy for PSD listed
  source categories, 250 tpy for all other source
  categories any regulated pollutant with the
  potential to emit above the threshold can make a
  source major for PSD purposes
• Nonattainment areas - 100 tpy for NA NSR, direct
  PM2.5 emissions or one of its precursors

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Draft PM2.5 Implementation Rule (3/6)

• Significant emission rates (SERs) for
  modifications at existing major sources
• Prefer 10 tpy of PM2.5
• EPA considering a range from 5 to 15 tpy
• Prefer 40 tpy of SO2
• EPA is considering setting this level equal to
  the PM2.5 level
• Prefer 40 tpy of NOX
• When identified as a PM2.5 precursor, EPA is
  considering setting this level equal to the PM2.5
  level

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Draft PM2.5 Implementation Rule (4/6)

• NA NSR offsets
• Offset ratio will be established by the States a
  minimumof 11
• EPA may allow interpollutant offsetting for PM2.5
  and its precursors States must demonstrate
  effectiveness
• Preconstruction monitoring
• Preferred option - require for PM2.5 and its
  precursors, but allow source to demonstrate that
  existing network is sufficient
• 4 alternate options exempt by 1) determining
  that existing network is sufficient, 2) using
  significant monitoring concentrations (SMCs), 3)
  use PM10 data, or 4) not setting SMCs
• Still under development
• PM2.5 increment (PM10 increments still apply)
• PM2.5 significance impact levels (SILs)

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Draft PM2.5 Implementation Rule (5/6)

• EPA has proposed 3 alternatives for the
  development of Reasonably Available Control
  Technology (RACT) rules
• 1) Require RACT on all sources of PM2.5 or
  precursors that have the potential to emit above
  defined thresholds
• 2) Require a RACT analysis but allow states to
  decline to impose controls that would otherwise
  be required as RACT if they are not necessary to
  meet RFP requirements or to attain the PM2.5
  NAAQS as expeditiously as practicable
• 3) Same as Alternative 1 for nonattainment areas
  that expect to achieve attainment after 2010
  same as Alternative 2 for nonattainment areas
  that expect to achieve attainment by 2010

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Draft PM2.5 Implementation Rule (6/6)

• RACT issues continued
• Emission thresholds for RACT-applicable sources
  in Alternative 1 are proposed at 100 tpy, 50 tpy
  or less
• For any source that installed controls to meet
  RACT for another NAAQS implementation program,
  the State may accept the previous RACT
  determination for the purposes of the PM2.5
  program

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PM2.5 NSR Time Table

• Enforceable under NSR once designations made
• PM2.5 timing is behind 8-hr ozone (and behind
  schedule)
• States proposed areas February, 2004
• Areas designated January 5, 2005 (effective
  April, 2005)

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Particulate Matter Standards

• PM NAAQS
• Proposal signed December 20, 2005
• Public comments period 90 days (ends April 17,
  2006)
• Public Hearings
• Final Rule To be signed by September 27, 2006

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Particulate Matter Standards

• PM NAAQS (Proposals)
• PM10
• Revoked (except in areas with violating monitors,
  until PM coarse designations can be made)
• PMcoarse (PM10 PM2.5)
• 70 ug/m3 24-hour average (3-yr average of 98th
  percentile at each monitor)
• No annual standard
• PM2.5 (fine)
• 15 ug/m3 annual average (unchanged)
• 35 ug/m3 24-hour average (3-yr average of 98th
  percentile at each monitor) lowered from 65
  µg/m³

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Particulate Matter Standards

• PM NAAQS (Proposals)
• PMcoarse (PM10 PM2.5) would not apply to
• Windblown dust and soils
• Agricultural sources
• Mining sources Mechanical processing
• These are the types of coarse particles typically
  found in rural areas

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PM2.5 Nonattainment Areas in Nebraska

• NDEQ submitted NA area recommendations to U.S.
  EPA February 15, 2004 (none)
• No PM2.5 nonattainment areas in Nebraska
• Highest annual monitors are in Metro areas
• No current NA areas in Nebraska, but background
  is close to standard, so modeling compliance is a
  challenge

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Modeling - AERMOD

• AERMOD AERMIC Model (AMS/EPA Regulatory Model
  Improvement Committee Model)
• Replaced ISCST3 by
• Adopting same input/output structure as existing
  ISCST3
• Replaced outdated algorithms with newer
  techniques (newer techniques do not necessarily
  mean lower results)
• Formally approved by EPA 11/9/2005
• CALPUFF and CALMET are formally approved

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• Questions Discussion

Contact Information [phone] Don
Gansert dgansert_at_trinityconsultants.com