August 2011

Additions to the Environmental Compliance Portfolio

During July 2011, 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

July 2011 additions to the Air Quality Compliance module included:

• Four new regulatory analysis articles were added, along with supporting Federal Register documents.
• 47 EPA memoranda were added to NSPS, NESHAP, and MACT Questions and Answers. There are now more than 1,200 agency guidance documents addressing stationary source emission control requirements available at Environmental Compliance > Air Quality Compliance > NSPS, NESHAP, and MACT Questions and Answers > Air Q&As >.
• The following practice tools were updated through July 31, 2011:

—Air Quality Regulation Changes Smart Chart, and
—Federal Greenhouse Gas Reporting Smart Chart.
To access the practice tools, go to Practice Tools > Environmental Compliance.

HOT TOPICS include:

• Widely Applicable Emission Standards for Plating and Polishing Revised—In a June 20, 2011 direct final rule (76 FR 35744–35753), EPA revised the national emission standards for area source plating and polishing operations to clarify that the emission standards do not apply to bench-scale activities. In addition, the agency made several technical corrections and clarifications to the area source plating and polishing standards. The emission standards for area source plating and polishing operations establish work practice and emission control requirements for tanks, thermal spraying operations, and mechanical polishing equipment in certain plating and polishing processes. The widely applicable emission standards for plating and polishing area sources are estimated to apply to 2,900 facilities. At the 2,900 facilities, approximately 22,000 tanks and 1,400 thermal spray lines are regulated under the standards. See Emission Standards for Area Source Plating and Polishing Operations Revised.

Hazardous Waste Compliance

July 2011 additions to the Hazardous Waste Compliance module included:

• One new regulatory analysis article was added, along with supporting Federal Register documents.
• The three indexes at Environmental Compliance > Indexes and Tables > Hazardous Waste Indexes and Finding Aids > were updated to reflect the addition of 17 regulatory analysis articles, 12 reviews of court decisions, 22 court decisions, and 12 guidance documents between November 2010 and June 2011. In total, the new index entries included:

—181 entries added to the keyword index,
—14 entries added to the citation index, and
—10 entries added to the industry index.

• The following practice tool was updated through July 31, 2011:

—Identifying RCRA Hazardous Wastes.
To access the practice tool, go to Practice Tools > Environmental Compliance.

HOT TOPICS include:

• Specifications for Hazardous Waste Manifests Revised—The federal hazardous waste manifest system is designed to track hazardous wastes from “cradle to grave.” The hazardous waste manifest system was revised on March 4, 2005 (70 FR 10776) to standardize the content and appearance of the manifest form. In part, the 2005 rule specifies requirements for the printing of hazardous waste manifests. Currently, red ink must be used to distinguish the copy distribution text on each page of the six-page manifest and continuation sheet to distinguish it from the rest of the printed form and entries. However, EPA has determined that this requirement is too prescriptive. Accordingly, on June 22, 2011 (76 FR 36363–36366), the agency issued a direct final rule that revises the printing specifications for hazardous waste manifests. The direct final rule allows approved manifest printers to use any distinct color or other method to distinguish the copy distribution text from the rest of the form. See Manifest Printing Requirements Revised.

Wastewater and Water Quality Compliance

July 2011 additions to the Wastewater and Water Quality Compliance module included:

• Two new regulatory analysis articles were added, along with supporting Federal Register documents.

HOT TOPICS include:

• Construction Industry General Discharge Permit Extended—On July 8, 2011 (76 FR 40355–40359), EPA announced that it had modified the 2008 National Pollutant Discharge Elimination System (NPDES) general permit for storm water discharges associated with construction activity to extend the expiration date to February 15, 2012. The NPDES general permit, referred to as the 2008 construction general permit, applies to new dischargers engaged in large and small construction activities that are located in areas where EPA is the NPDES permitting authority, except those located in EPA Region 4. The construction general permit requires operators of construction sites to implement storm water controls and develop storm water pollution prevention plans to prevent sediment and other pollutants associated with construction sites from being discharged in storm water runoff. See Expiration Date of Construction Industry General Storm Water Permit Extended to February 15, 2012.

Business and the Environment

The July 2011 issue of the Business and the Environment newsletter included 12 stories on sustainable development and three stories on recent climate change developments.

HOT TOPICS include:

• Reducing the Military’s Dependence on Oil—The U.S. military is the single largest industrial consumer of oil in the world. Last year, it spent $13 billion on fuel. In 2009, operational energy, or the energy required to train, move, and sustain forces, weapons, and equipment for military operations, accounted for 75% of all energy used by the Department of Defense. The Office of the Assistant Secretary of Defense for Operational Energy recently released its first Operational Energy Strategy, which is designed to decrease the US military’s dependence on oil and increase its use of alternative energy. The plan aims to fundamentally change the way fuel is used in war. See US Military Aims to Cut Dependence on Oil.

Analysis and Other Materials Added to the Environmental Compliance Portfolio in July 2011

Air Quality Compliance Materials and Tools

Air Pollution Consultant Regulatory Analysis

NAAQS

Additional Nonattainment Designations for 2008 Lead NAAQS Proposed
On June 21, 2011 (76 FR 36042–36044), EPA proposed to designate five additional areas as being in nonattainment with the 2008 national ambient air quality standards (NAAQS) for lead. The agency has also proposed to revise the boundaries of one lead nonattainment area. The nonattainment designations addressed in the June 21, 2011 proposed rule would bring the total number of areas designated nonattainment for the 2008 lead NAAQS to 22. The areas are located in 16 states, and include 24 partial counties and one entire county.

NESHAP/MACT

Emission Standards for Area Source Plating and Polishing Operations Revised
In a June 20, 2011 direct final rule (76 FR 35744–35753), EPA revised the national emission standards for area source plating and polishing operations to clarify that the emission standards do not apply to bench-scale activities. In addition, the agency made several technical corrections and clarifications to the area source plating and polishing standards. The emission standards for area source plating and polishing operations establish work practice and emission control requirements for tanks, thermal spraying operations, and mechanical polishing equipment in certain plating and polishing processes. The widely applicable emission standards for plating and polishing area sources are estimated to apply to 2,900 facilities. At the 2,900 facilities, approximately 22,000 tanks and 1,400 thermal spray lines are regulated under the standards.

Other Issues

Greenhouse Gas Reporting Requirements for Electronics Manufacturing Revised
On June 22, 2011 (76 FR 36339–35342), EPA announced that it has granted reconsideration of the deadlines associated with using best available monitoring methods to determine greenhouse gas emissions from semiconductor manufacturing facilities. The greenhouse gas monitoring and reporting requirements for electronics manufacturing include provisions that allow certain sources to use best available monitoring methods during 2011, rather than those specified by EPA. The June 22, 2011 final rule extends the deadline by which certain entities must request permission to use best available monitoring methods during 2011 from June 30, 2011 to September 30, 2011. The final rule also extends the period during which affected sources can use best available monitoring methods without submitting a specific request from June 30, 2011 to September 30, 2011. In a related June 22, 2011 proposed rule (76 FR 36472–36479), EPA proposed to revise the calculation and monitoring requirements for electronics manufacturing to allow larger semiconductor manufacturing facilities to calculate emissions using default emission factors.

Changes Proposed to Best Available Monitoring Method Requirements for Petroleum and Natural Gas Systems
On June 27, 2011 (76 FR 37300–37307), EPA proposed to revise the greenhouse gas reporting requirements for petroleum and natural gas systems to extend the period during which affected entities could use best available monitoring methods in 2011, instead of EPA-specified methods, without requesting permission. In addition, the proposed rule would extend the deadline by which owners/operators could submit a request to continue using best available monitoring methods beyond 2011. The proposed rule also clarifies that requests to use best available monitoring methods beyond 2011 are not limited to concerns about safety, technical infeasibility, or instances where meeting the monitoring requirements of Subpart W would conflict with specific laws or regulations.

Hazardous Waste Compliance Materials and Tools

Hazardous Waste Regulatory Analysis Articles

Manifests

Manifest Printing Requirements Revised
The federal hazardous waste manifest system is designed to track hazardous wastes from “cradle to grave.” The hazardous waste manifest system was revised on March 4, 2005 (70 FR 10776) to standardize the content and appearance of the manifest form. In part, the 2005 rule specifies requirements for the printing of hazardous waste manifests. Currently, red ink must be used to distinguish the copy distribution text on each page of the six-page manifest and continuation sheet to distinguish it from the rest of the printed form and entries. However, EPA has determined that this requirement is too prescriptive. Accordingly, on June 22, 2011 (76 FR 36363–36366), the agency issued a direct final rule that revises the printing specifications for hazardous waste manifests. Specifically, the rule allows approved manifest printers to use any distinct color or other method to distinguish the copy distribution text from the rest of the form.

Wastewater and Water Quality Compliance Materials and Tools

Analysis of Major Wastewater and Water Quality Issues

Wastewater

Expiration Date of Construction Industry General Storm Water Permit Extended to February 15, 2012
On July 8, 2011 (76 FR 40355–40359), EPA announced that it had modified the 2008 National Pollutant Discharge Elimination System (NPDES) general permit for storm water discharges associated with construction activity to extend the expiration date to February 15, 2012. The NPDES general permit, referred to as the 2008 construction general permit, applies to new dischargers engaged in large and small construction activities that are located in areas where EPA is the NPDES permitting authority, except those located in EPA Region 4. The construction general permit requires operators of construction sites to implement storm water controls and develop storm water pollution prevention plans to prevent sediment and other pollutants associated with construction sites from being discharged in storm water runoff.

Water Quality

EPA Approves 11 Alternative Methods for Drinking Water Sampling and Analysis
In a June 24, 2011 final rule (76 FR 37014–37021), EPA announced its approval of 11 alternative testing methods for analyzing drinking water samples. Public water systems and others who are required to sample and monitor drinking water may use the newly approved test methods as alternatives to those specified in existing regulations. The newly approved sampling and analysis procedures include methods developed by voluntary consensus standard bodies, EPA, and vendors.

News

Business and the Environment

The July 2011 issue of Business and the Environment newsletter included the following articles on sustainable development and climate change:

Focus Report

• US Military Aims to Cut Dependence on Oil

Perspectives

• BuildingEnergy11 (BE11): a Boston Staple

Corporate Reporting

• GRI Looks for Pictures
• XBRL Coming to GRI Guidelines

Corporate Initiatives

• Investors Challenge Companies’ “Contradictory” Climate Positions
• Mexican Resort Complex Earns Ecotourism Award
• India Weighs Mandatory CSR
• Whole Foods Banks on Animal Welfare

Product Stewardship and Takeback

• Australia Passes E-Waste Legislation
• Sprint Announces Stewardship Policy
• Connecticut Regulates Paint Disposal

ISO Update

• Sustainability By the Numbers

Climate Change Update

• New Jersey Opts Out of RGGI
• Drought Batters Southwest US Farmers
• Climate Changes Re-shape Tropical Forests