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EPA: New Source Performance Standards Review for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels

2023-08-25T05:00:00Z

SUMMARY: The Environmental Protection Agency (EPA) is finalizing amendments to the new source performance standards (NSPS) for electric arc furnaces (EAF) and argon-oxygen decarburization (AOD) vessels in the steel industry pursuant to the review required by the Clean Air Act.

DATES:Effective date: This final rule is effective August 25, 2023. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of August 25, 2023, published in the Federal Register 58442, August 25, 2023.

View final rule.

§60.17 Incorporation by reference.
(g)(14)RevisedView text
(h)(206)RevisedView text
(j)(2)RevisedView text
§60.270 Applicability and designation of affected facility.
(b)RevisedView text
§60.271 Definitions.
Entire sectionRevisedView text
§60.272 Standard for particulate matter.
(a)(2)RevisedView text
(a)(3) introductory textRevisedView text
(b)RevisedView text
§60.273 Emission monitoring.
Entire sectionRevisedView text
§60.274 Monitoring of operations.
(b) through (g), (i)RevisedView text
§60.275 Test methods and procedures.
Entire sectionRevisedView text
§60.276 Recordkeeping and reporting requirements.
Entire sectionRevisedView text
§60.270a Applicability and designation of affected facility.
(b)RevisedView text
§60.271a Definitions.
Definitions for “capture system”, “charge”, “Direct-shell evacuation control system (DEC system),” “Dust-handling system”, “Electric arc furnace (EAF)”, “Heat cycle”, “Meltdown and refining period”, “Refining”, “Shop”, and “Shop opacity”RevisedView text
Definitions for “Charging period” and “Damper”AddedView text
§60.272a Standard for particulate matter.
Entire sectionRevisedView text
§60.273a Emission monitoring.
(c)-(g)RevisedView text
§60.274a Monitoring of operations.
(b)-(h)RevisedView text
§60.275a Test methods and procedures.
(a)-(c), (e)RevisedView text
(h)-(j)RedesignatedView text
§60.276a Recordkeeping and reporting requirements.
Entire sectionRevisedView text
Subpart AAb—Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed After May 16, 2022
Entire subpartAddedView text

Previous Text

§60.17 Incorporation by reference.

* * * *

(g)(14) ASME/ANSI PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], Issued August 31, 1981; IBR approved for §§60.56c(b); 60.63(f); 60.106(e); 60.104a(d), (h), (i), and (j); 60.105a(b), (d), (f), and (g); 60.106a(a); 60.107a(a), (c), and (d); tables 1 and 3 to subpart EEEE; tables 2 and 4 to subpart FFFF; table 2 to subpart JJJJ; §§60.285a(f); 60.396a(a); 60.2145(s) and (t); 60.2710(s) and (t); 60.2730(q); 60.4415(a); 60.4900(b); 60.5220(b); tables 1 and 2 to subpart LLLL; tables 2 and 3 to subpart MMMM; §§60.5406(c); 60.5406a(c); 60.5407a(g); 60.5413(b); 60.5413a(b); 60.5413a(d).

* * * *

(h)(206) ASTM D7520-16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016; IBR approved for §60.374a(d).

* * * *

(j)(2) EPA-454/R-98-015, Office of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997, https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF; IBR approved for §§60.373a(b); 60.2145(r); 60.2710(r); 60.4905(b); 60.5225(b).

§60.270 Applicability and designation of affected facility.

* * * *

(b) The provisions of this subpart apply to each affected facility identified in paragraph (a) of this section that commenced construction, modification, or reconstruction after October 21, 1974, and on or before August 17, 1983.

§60.271 Definitions.

As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and in subpart A of this part.

(a) Electric arc furnace (EAF) means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. Furnaces that continuously feed direct-reduced iron ore pellets as the primary source of iron are not affected facilities within the scope of this definition.

(b) Dust-handling equipment means any equipment used to handle particulate matter collected by the control device and located at or near the control device for an EAF subject to this subpart.

(c) Control device means the air pollution control equipment used to remove particulate matter generated by an EAF(s) from the effluent gas stream.

(d) Capture system means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport particulate matter generated by an EAF to the air pollution control device.

(e) Charge means the addition of iron and steel scrap or other materials into the top of an electric arc furnace.

(f) Charging period means the time period commencing at the moment an EAF starts to open and ending either three minutes after the EAF roof is returned to its closed position or six minutes after commencement of opening of the roof, whichever is longer.

(g) Tap means the pouring of molten steel from an EAF.

(h) Tapping period means the time period commencing at the moment an EAF begins to pour molten steel and ending either three minutes after steel ceases to flow from an EAF, or six minutes after steel begins to flow, whichever is longer.

(i) Meltdown and refining means that phase of the steel production cycle when charge material is melted and undesirable elements are removed from the metal.

(j) Meltdown and refining period means the time period commencing at the termination of the initial charging period and ending at the initiation of the tapping period, excluding any intermediate charging periods and times when power to the EAF is off.

(k) Shop opacity means the arithmetic average of 24 or more opacity observations of emissions from the shop taken in accordance with Method 9 of appendix A of this part for the applicable time periods.

(l) Heat time means the period commencing when scrap is charged to an empty EAF and terminating when the EAF tap is completed.

(m) Shop means the building which houses one or more EAF's.

(n) Direct shell evacuation system means any system that maintains a negative pressure within the EAF above the slag or metal and ducts these emissions to the control device.

(o) Bag leak detection system means a system that is capable of continuously monitoring relative particulate matter (dust) loadings in the exhaust of a baghouse to detect bag leaks and other conditions that result in increases in particulate loadings. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, electrodynamic, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings.

§60.272 Standard for particulate matter.

* * * *

(a)(2) Exit from a control device and exhibit three percent opacity or greater.

(a)(3) Exit from a shop and, due solely to operations of any EAF(s), exhibit 6 percent opacity or greater except:

* * * *

(b) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from dust-handling equipment any gases which exhibit 10 percent opacity or greater.

§60.273 Emission monitoring.

(a) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) shall be installed, calibrated, maintained, and operated by the owner or operator subject to the provisions of this subpart.

(b) For the purpose of reports under §60.7(c), all six-minute periods during which the average opacity is three percent or greater shall indicate a period of excess emission, and shall be reported to the Administrator semi-annually.

(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer; or on any single-stack fabric filter if visible emissions from the control device are performed by a certified visible emission observer and the owner installs and continuously operates a bag leak detection system according to paragraph (e) of this section. Visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9 of appendix A to this part. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272(a).

(d) A furnace static pressure monitoring device is not required on any EAF equipped with a DEC system if observations of shop opacity are performed by a certified visible emission observer as follows: Shop opacity observations shall be conducted at least once per day when the furnace is operating in the meltdown and refining period. Shop opacity shall be determined as the arithmetic average of 24 or more consecutive 15-second opacity observations of emissions from the shop taken in accordance with Method 9. Shop opacity shall be recorded for any point(s) where visible emissions are observed in proximity to an affected EAF. Where it is possible to determine that a number of visible emission sites relate to only one incident of visible emissions, only one observation of shop opacity will be required. In this case, the shop opacity observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident.

(e) A bag leak detection system must be installed and continuously operated on all single-stack fabric filters if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of this section. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of this section. The bag leak detection system must meet the specifications and requirements of paragraphs (e)(1) through (8) of this section.

(1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.

(2) The bag leak detection system sensor must provide output of relative particulate matter loadings and the owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (e.g., using a strip chart recorder or a data logger.)

(3) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over the alarm set point established according to paragraph (e)(4) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.

(4) For each bag leak detection system required by paragraph (e) of this section, the owner or operator shall develop and submit to the Administrator or delegated authority, for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (i) through (v) of this paragraph (e)(4). For each bag leak detection system that operates based on the triboelectric effect, the monitoring plan shall be consistent with the recommendations contained in the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). The owner or operator shall operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe:

(i) Installation of the bag leak detection system;

(ii) Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established;

(iii) Operation of the bag leak detection system including quality assurance procedures;

(iv) How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list; and

(v) How the bag leak detection system output shall be recorded and stored.

(5) The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time (if applicable).

(6) Following initial adjustment, the owner or operator shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided for in paragraphs (e)(6)(i) and (ii) of this section.

(i) Once per quarter, the owner or operator may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity according to the procedures identified in the site-specific monitoring plan required under paragraphs (e)(4) of this section.

(ii) If opacities greater than zero percent are observed over four consecutive 15-second observations during the daily opacity observations required under paragraph (c) of this section and the alarm on the bag leak detection system does not sound, the owner or operator shall lower the alarm set point on the bag leak detection system to a point where the alarm would have sounded during the period when the opacity observations were made.

(7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detection sensor must be installed downstream of the baghouse and upstream of any wet scrubber.

(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.

(f) For each bag leak detection system installed according to paragraph (e) of this section, the owner or operator shall initiate procedures to determine the cause of all alarms within 1 hour of an alarm. Except as provided for in paragraph (g) of this section, the cause of the alarm must be alleviated within 3 hours of the time the alarm occurred by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:

(1) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate emissions;

(2) Sealing off defective bags or filter media;

(3) Replacing defective bags or filter media or otherwise repairing the control device;

(4) Sealing off a defective baghouse compartment;

(5) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; or

(6) Shutting down the process producing the particulate emissions.

(g) In approving the site-specific monitoring plan required in paragraph (e)(4) of this section, the Administrator or delegated authority may allow owners or operators more than 3 hours to alleviate specific conditions that cause an alarm if the owner or operator identifies the condition that could lead to an alarm in the monitoring plan, adequately explains why it is not feasible to alleviate the condition within 3 hours of the time the alarm occurred, and demonstrates that the requested additional time will ensure alleviation of the condition as expeditiously as practicable.

§60.274 Monitoring of operations.

* * * *

(b) Except as provided under paragraph (d) of this section, the owner or operator subject to the provisions of this subpart shall check and record on a once-per-shift basis furnace static pressure (if a DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either: check and record the control system fan motor amperes and damper positions on a once-per-shift basis; install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and check and record damper positions on a once-per-shift basis. The monitoring device(s) may be installed in any appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. The flow rate monitoring device(s) shall have an accuracy of ±10 percent over its normal operating range and shall be calibrated according to the manufacturer's instructions. The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A of this part.

(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended) either: the control system fan motor amperes and all damper positions, the volumetric flow rate through each separately ducted hood, or the volumetric flow rate at the control device inlet and all damper positions shall be determined during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section. The owner or operator may petition the Administrator for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters as determined during the most recent demonstration of compliance shall be maintained at the appropriate level for each applicable period. Operation at other than baseline values may be subject to the requirements of §60.276(a).

(d) The owner or operator may petition the Administrator to approve any alternative method that will provide a continuous record of operation of each emission capture system.

(e) The owner or operator shall perform monthly operational status inspections of the equipment that is important to the performance of the total capture system (i.e., pressure sensors, dampers, and damper switches). This inspection shall include observations of the physical appearance of the equipment (e.g., presence of hole in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). Any deficiencies shall be noted and proper maintenance performed.

(f) Except as provided for under §60.273(d), where emissions during any phase of the heat time are controlled by use of a direct shell evacuation system, the owner or operator shall install, calibrate, and maintain a monitoring device that continuously records the pressure in the free space inside the EAF. The pressure shall be recorded as 15-minute integrated averages. The monitoring device may be installed in any appropriate location in the EAF or DEC duct prior to the introduction of ambient air such that reproducible results will be obtained. The pressure monitoring device shall have an accuracy of ±5 mm of water gauge over its normal operating range and shall be calibrated according to the manufacturer's instructions.

(g) Except as provided for under §60.273(d), when the owner or operator of an EAF is required to demonstrate compliance with the standard under §60.272(a)(3) and at any other time the Administrator may require (under section 114 of the Act, as amended), the pressure in the free space inside the furnace shall be determined during the meltdown and refining period(s) using the monitoring device under paragraph (f) of this section. The owner or operator may petition the Administrator for reestablishment of the 15-minute integrated average pressure whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the pressures were previously established are no longer applicable. The pressure determined during the most recent demonstration of compliance shall be maintained at all times the EAF is operating in a meltdown and refining period. Operation at higher pressures may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility.

* * * *

(i) During any performance test required under §60.8, and for any report thereof required by §60.276(c) of this subpart or to determine compliance with §60.272(a)(3) of this subpart, the owner or operator shall monitor the following information for all heats covered by the test:

§60.275 Test methods and procedures.

(a) During performance tests required in §60.8, the owner or operator shall not add gaseous diluent to the effluent gas after the fabric in any pressurized fabric collector, unless the amount of dilution is separately determined and considered in the determination of emissions.

(b) When emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator shall use either or both of the following procedures during a performance test (see also §60.276(b)):

(1) Determine compliance using the combined emissions.

(2) Use a method that is acceptable to the Administrator and that compensates for the emissions from the facilities not subject to the provisions of this subpart.

(c) When emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator shall use either or both of the following procedures to demonstrate compliance with §60.272(a)(3):

(1) Determine compliance using the combined emissions.

(2) Shut down operation of facilities not subject to the provisions of this subpart during the performance test.

(d) In conducting the performance tests required in §60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in §60.8(b).

(e) The owner or operator shall determine compliance with the particulate matter standards in §60.272 as follows:

(1) Method 5 shall be used for negative-pressure fabric filters and other types of control devices and Method 5D shall be used for positive-pressure fabric filters to determine the particular matter concentration and, if applicable, the volumetric flow rate of the effluent gas. The sampling time and sample volume for each run shall be at least 4 hours and 4.5 dscm (160 dscf) and, when a single EAF is sampled, the sampling time shall include an integral number of heats.

(2) When more than one control device serves the EAF(s) being tested, the concentration of particulate matter shall be determined using the following equation:



where:

cst = average concentration of particulate matter, mg/dscm (gr/dscf).

csi = concentration of particulate matter from control device “i”, mg/dscm (gr/dscf).

n = total number of control devices tested.

Qsdi = volumetric flow rate of stack gas from control device “i”, dscm/hr (dscf/hr).

(3) Method 9 and the procedures of §60.11 shall be used to determine opacity.

(4) To demonstrate compliance with §60.272(a) (1), (2), and (3), the Method 9 test runs shall be conducted concurrently with the particulate matter test runs, unless inclement weather interferes.

(f) To comply with §60.274 (c), (f), (g), and (i), the owner or operator shall obtain the information in these paragraphs during the particulate matter runs.

(g) Where emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator may use any of the following procedures during a performance test:

(1) Base compliance on control of the combined emissions.

(2) Utilize a method acceptable to the Administrator which compensates for the emissions from the facilities not subject to the provisions of this subpart.

(3) Any combination of the criteria of paragraphs (g)(1) and (g)(2) of this section.

(h) Where emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator may use any of the following procedures for demonstrating compliance with §60.272(a)(3):

(1) Base compliance on control of the combined emissions.

(2) Shut down operation of facilities not subject to the provisions of this subpart.

(3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) of this section.

(i) If visible emissions observations are made in lieu of using a continuous opacity monitoring system, as allowed for by §60.273(c), visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272(a).

(j) Unless the presence of inclement weather makes concurrent testing infeasible, the owner or operator shall conduct concurrently the performance tests required under §60.8 to demonstrate compliance with §60.272(a) (1), (2), and (3) of this subpart.

* * * *

§60.276 Recordkeeping and reporting requirements.

(a) Operation at a furnace static pressure that exceeds the value established under §60.274(g) and either operation of control system fan motor amperes at values exceeding ±15 percent of the value established under §60.274(c) or operation at flow rates lower than those established under §60.274(c) may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator semiannually.

(b) When the owner or operator of an EAF is required to demonstrate compliance with the standard under §60.275 (b)(2) or a combination of (b)(1) and (b)(2), the owner or operator shall obtain approval from the Administrator of the procedure(s) that will be used to determine compliance. Notification of the procedure(s) to be used must be postmarked at least 30 days prior to the performance test.

(c) For the purpose of this subpart, the owner or operator shall conduct the demonstration of compliance with §60.272(a) of this subpart and furnish the Administrator a written report of the results of the test. This report shall include the following information:

(1) Facility name and address;

(2) Plant representative;

(3) Make and model of process, control device, and continuous monitoring equipment;

(4) Flow diagram of process and emission capture equipment including other equipment or process(es) ducted to the same control device;

(5) Rated (design) capacity of process equipment;

(6) Those data required under §60.274(i) of this subpart;

(i) List of charge and tap weights and materials;

(ii) Heat times and process log;

(iii) Control device operation log; and

(iv) Continuous opacity monitor or Method 9 data.

(7) Test dates and test times;

(8) Test company;

(9) Test company representative;

(10) Test observers from outside agency;

(11) Description of test methodology used, including any deviation from standard reference methods

(12) Schematic of sampling location;

(13) Number of sampling points;

(14) Description of sampling equipment;

(15) Listing of sampling equipment calibrations and procedures;

(16) Field and laboratory data sheets;

(17) Description of sample recovery procedures;

(18) Sampling equipment leak check results;

(19) Description of quality assurance procedures;

(20) Description of analytical procedures;

(21) Notation of sample blank corrections; and

(22) Sample emission calculations.

(d) The owner or operator shall maintain records of all shop opacity observations made in accordance with §60.273(d). All shop opacity observations in excess of the emission limit specified in §60.272(a)(3) of this subpart shall indicate a period of excess emission, and shall be reported to the Administrator semi-annually, according to §60.7(c).

(e) The owner or operator shall maintain the following records for each bag leak detection system required under §60.273(e):

(1) Records of the bag leak detection system output;

(2) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and

(3) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and if the alarm was alleviated within 3 hours of the alarm.

§60.270a Applicability and designation of affected facility.

* * * *

(b) The provisions of this subpart apply to each affected facility identified in paragraph (a) of this section that commences construction, modification, or reconstruction after August 17, 1983.

§60.271a Definitions.

* * * *

Capture system means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport particulate matter generated by an electric arc furnace or AOD vessel to the air pollution control device.

Charge means the addition of iron and steel scrap or other materials into the top of an electric arc furnace or the addition of molten steel or other materials into the top of an AOD vessel.

* * * *

Direct-shell evacuation control system (DEC system) means a system that maintains a negative pressure within the electric arc furnace above the slag or metal and ducts emissions to the control device.

Dust-handling system means equipment used to handle particulate matter collected by the control device for an electric arc furnace or AOD vessel subject to this subpart. For the purposes of this subpart, the dust-handling system shall consist of the control device dust hoppers, the dust-conveying equipment, any central dust storage equipment, the dust-treating equipment (e.g., pug mill, pelletizer), dust transfer equipment (from storage to truck), and any secondary control devices used with the dust transfer equipment.

Electric arc furnace (EAF) means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. For the purposes of this subpart, an EAF shall consist of the furnace shell and roof and the transformer. Furnaces that continuously feed direct-reduced iron ore pellets as the primary source of iron are not affected facilities within the scope of this definition.

Heat cycle means the period beginning when scrap is charged to an empty EAF and ending when the EAF tap is completed or beginning when molten steel is charged to an empty AOD vessel and ending when the AOD vessel tap is completed.

Meltdown and refining period means the time period commencing at the termination of the initial charging period and ending at the initiation of the tapping period, excluding any intermediate charging periods and times when power to the EAF is off.

* * * *

Refining means that phase of the steel production cycle during which undesirable elements are removed from the molten steel and alloys are added to reach the final metal chemistry.

Shop means the building which houses one or more EAF's or AOD vessels.

Shop opacity means the arithmetic average of 24 observations of the opacity of emissions from the shop taken in accordance with Method 9 of appendix A of this part.

§60.272a Standard for particulate matter.

(a) On and after the date of which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from an EAF or an AOD vessel any gases which:

(1) Exit from a control device and con tain particulate matter in excess of 12 mg/dscm (0.0052 gr/dscf);

(2) Exit from a control device and exhibit 3 percent opacity or greater; and

(3) Exit from a shop and, due solely to the operations of any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.

(b) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from the dust-handling system any gases that exhibit 10 percent opacity or greater.

§60.273a Emission monitoring.

* * * *

(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer; or on any single-stack fabric filter if visible emissions from the control device are performed by a certified visible emission observer and the owner installs and continuously operates a bag leak detection system according to paragraph (e) of this section. Visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272a(a).

(d) A furnace static pressure monitoring device is not required on any EAF equipped with a DEC system if observations of shop opacity are performed by a certified visible emission observer as follows: Shop opacity observations shall be conducted at least once per day when the furnace is operating in the meltdown and refining period. Shop opacity shall be determined as the arithmetic average of 24 consecutive 15-second opacity observations of emissions from the shop taken in accordance with Method 9. Shop opacity shall be recorded for any point(s) where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of visible emissions, only one observation of shop opacity will be required. In this case, the shop opacity observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident.

(e) A bag leak detection system must be installed and continuously operated on all single-stack fabric filters if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of this section. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of this section. The bag leak detection system must meet the specifications and requirements of paragraphs (e)(1) through (8) of this section.

(1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.

(2) The bag leak detection system sensor must provide output of relative particulate matter loadings and the owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (e.g., using a strip chart recorder or a data logger.)

(3) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over the alarm set point established according to paragraph (e)(4) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.

(4) For each bag leak detection system required by paragraph (e) of this section, the owner or operator shall develop and submit to the Administrator or delegated authority, for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (i) through (v) of this paragraph (e)(4). For each bag leak detection system that operates based on the triboelectric effect, the monitoring plan shall be consistent with the recommendations contained in the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). The owner or operator shall operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe the following:

(i) Installation of the bag leak detection system;

(ii) Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established;

(iii) Operation of the bag leak detection system including quality assurance procedures;

(iv) How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list; and

(v) How the bag leak detection system output shall be recorded and stored.

(5) The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time (if applicable).

(6) Following initial adjustment, the owner or operator shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided for in paragraphs (e)(6)(i) and (ii) of this section.

(i) Once per quarter, the owner or operator may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity according to the procedures identified in the site-specific monitoring plan required under paragraphs (e)(4) of this section.

(ii) If opacities greater than zero percent are observed over four consecutive 15-second observations during the daily opacity observations required under paragraph (c) of this section and the alarm on the bag leak detection system does not sound, the owner or operator shall lower the alarm set point on the bag leak detection system to a point where the alarm would have sounded during the period when the opacity observations were made.

(7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detection sensor must be installed downstream of the baghouse and upstream of any wet scrubber.

(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.

(f) For each bag leak detection system installed according to paragraph (e) of this section, the owner or operator shall initiate procedures to determine the cause of all alarms within 1 hour of an alarm. Except as provided for under paragraph (g) of this section, the cause of the alarm must be alleviated within 3 hours of the time the alarm occurred by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to, the following:

(1) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate emissions;

(2) Sealing off defective bags or filter media;

(3) Replacing defective bags or filter media or otherwise repairing the control device;

(4) Sealing off a defective baghouse compartment;

(5) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; and

(6) Shutting down the process producing the particulate emissions.

(g) In approving the site-specific monitoring plan required in paragraph (e)(4) of this section, the Administrator or delegated authority may allow owners or operators more than 3 hours to alleviate specific conditions that cause an alarm if the owner or operator identifies the condition that could lead to an alarm in the monitoring plan, adequately explains why it is not feasible to alleviate the condition within 3 hours of the time the alarm occurred, and demonstrates that the requested additional time will ensure alleviation of the condition as expeditiously as practicable.

§60.274a Monitoring of operations

* * * *

(b) Except as provided under paragraph (e) of this section, the owner or operator subject to the provisions of this subpart shall check and record on a once-per-shift basis the furnace static pressure (if DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either: check and record the control system fan motor amperes and damper position on a once-per-shift basis; install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and check and record damper positions on a once-per-shift basis. The monitoring device(s) may be installed in any appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. The flow rate monitoring device(s) shall have an accuracy of ±10 percent over its normal operating range and shall be calibrated according to the manufacturer's instructions. The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A of this part.

(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272a(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended) either: the control system fan motor amperes and all damper positions, the volumetric flow rate through each separately ducted hood, or the volumetric flow rate at the control device inlet and all damper positions shall be determined during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section. The owner or operator may petition the Administrator for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's satisfaction that the affected facility operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters as determined during the most recent demonstration of compliance shall be maintained at the appropriate level for each applicable period. Operation at other than baseline values may be subject to the requirements of §60.276a(c).

(d) Except as provided under paragraph (e) of this section, the owner or operator shall perform monthly operational status inspections of the equipment that is important to the performance of the total capture system (i.e., pressure sensors, dampers, and damper switches). This inspection shall include observations of the physical appearance of the equipment (e.g., presence of holes in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). Any deficiencies shall be noted and proper maintenance performed.

(e) The owner or operator may petition the Administrator to approve any alternative to either the monitoring requirements specified in paragraph (b) of this section or the monthly operational status inspections specified in paragraph (d) of this section if the alternative will provide a continuous record of operation of each emission capture system.

(f) Except as provided for under §60.273a(d), if emissions during any phase of the heat time are controlled by the use of a DEC system, the owner or operator shall install, calibrate, and maintain a monitoring device that allows the pressure in the free space inside the EAF to be monitored. The pressure shall be recorded as 15-minute integrated averages. The monitoring device may be installed in any appropriate location in the EAF or DEC duct prior to the introduction of ambient air such that reproducible results will be obtained. The pressure monitoring device shall have an accuracy of ±5 mm of water gauge over its normal operating range and shall be calibrated according to the manufacturer's instructions.

(g) Except as provided for under §60.273a(d), when the owner or operator of an EAF controlled by a DEC is required to demonstrate compliance with the standard under §60.272a(a)(3), and at any other time the Administrator may require (under section 114 of the Clean Air Act, as amended), the pressure in the free space inside the furnace shall be determined during the meltdown and refining period(s) using the monitoring device required under paragraph (f) of this section. The owner or operator may petition the Administrator for reestablishment of the pressure whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the pressures were previously established are no longer applicable. The pressure determined during the most recent demonstration of compliance shall be maintained at all times when the EAF is operating in a meltdown and refining period. Operation at higher pressures may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility.

(h) During any performance test required under §60.8, and for any report thereof required by §60.276a(f) of this subpart, or to determine compliance with §60.272a(a)(3) of this subpart, the owner or operator shall monitor the following information for all heats covered by the test:

(1) Charge weights and materials, and tap weights and materials;

(2) Heat times, including start and stop times, and a log of process operation, including periods of no operation during testing and the pressure inside an EAF when direct-shell evacuation control systems are used;

(3) Control device operation log; and

(4) Continuous opacity monitor or Method 9 data.

§60.275a Test methods and procedures.

(a) During performance tests required in §60.8, the owner or operator shall not add gaseous diluents to the effluent gas stream after the fabric in any pressurized fabric filter collector, unless the amount of dilution is separately determined a nd considered in the determination of emissions.

(b) When emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator shall use either or both of the following procedures during a performance test (see also §60.276a(e)):

(1) Determine compliance using the combined emissions.

(2) Use a method that is acceptable to the Administrator and that compensates for the emissions from the facilities not subject to the provisions of this subpart.

(c) When emission from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator shall demonstrate compliance with §60.272(a)(3) based on emissions from only the affected facility(ies).

* * * *

(e) The owner or operator shall determine compliance with the particulate matter standards in §60.272a as follows:

* * * *

(h) Where emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator may use any of the following procedures during a performance test:

(1) Base compliance on control of the combined emissions;

(2) Utilize a method acceptable to the Administrator that compensates for the emissions from the facilities not subject to the provisions of this subpart, or;

(3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) of this section.

(i) Where emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart, determinations of compliance with §60.272a(a)(3) will only be based upon emissions originating from the affected facility(ies).

(j) Unless the presence of inclement weather makes concurrent testing infeasible, the owner or operator shall conduct concurrently the performance tests required under §60.8 to demonstrate compliance with §60.272a(a) (1), (2), and (3) of this subpart.

§60.276a Recordkeeping and reporting requirements.

(a) Records of the measurements required in §60.274a must be retained for at least 2 years following the date of the measurement.

(b) Each owner or operator shall submit a written report of exceedances of the control device opacity to the Administrator semi-annually. For the purposes of these reports, exceedances are defined as all 6-minute periods during which the average opacity is 3 percent or greater.

(c) Operation at a furnace static pressure that exceeds the value established under §60.274a(g) and either operation of control system fan motor amperes at values exceeding ±15 percent of the value established under §60.274a(c) or operation at flow rates lower than those established under §60.274a(c) may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator semiannually.

(d) The requirements of this section remain in force until and unless EPA, in delegating enforcement authority to a State under section 111(c) of the Act, approves reporting requirements or an alternative means of compliance surveillance adopted by such State. In that event, affected sources within the State will be relieved of the obligation to comply with this section, provided that they comply with the requirements established by the State.

(e) When the owner or operator of an EAF or AOD is required to demonstrate compliance with the standard under §60.275 (b)(2) or a combination of (b)(1) and (b)(2) the owner or operator shall obtain approval from the Administrator of the procedure(s) that will be used to determine compliance. Notification of the procedure(s) to be used must be postmarked at least 30 days prior to the performance test.

(f) For the purpose of this subpart, the owner or operator shall conduct the demonstration of compliance with §60.272a(a) of this subpart and furnish the Administrator a written report of the results of the test. This report shall include the following information:

(1) Facility name and address;

(2) Plant representative;

(3) Make and model of process, control device, and continuous monitoring equipment;

(4) Flow diagram of process and emission capture equipment including other equipment or process(es) ducted to the same control device;

(5) Rated (design) capacity of process equipment;

(6) Those data required under §60.274a(h) of this subpart;

(i) List of charge and tap weights and materials;

(ii) Heat times and process log;

(iii) Control device operation log; and

(iv) Continuous opacity monitor or Method 9 data.

(7) Test dates and test times;

(8) Test company;

(9) Test company representative;

(10) Test observers from outside agency;

(11) Description of test methodology used, including any deviation from standard reference methods;

(12) Schematic of sampling location;

(13) Number of sampling points;

(14) Description of sampling equipment;

(15) Listing of sampling equipment calibrations and procedures;

(16) Field and laboratory data sheets;

(17) Description of sample recovery procedures;

(18) Sampling equipment leak check results;

(19) Description of quality assurance procedures;

(20) Description of analytical procedures;

(21) Notation of sample blank corrections; and

(22) Sample emission calculations.

(g) The owner or operator shall maintain records of all shop opacity observations made in accordance with §60.273a(d). All shop opacity observations in excess of the emission limit specified in §60.272a(a)(3) of this subpart shall indicate a period of excess emission, and shall be reported to the administrator semi-annually, according to §60.7(c).

(h) The owner or operator shall maintain the following records for each bag leak detection system required under §60.273a(e):

(1) Records of the bag leak detection system output;

(2) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and

(3) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and if the alarm was alleviated within 3 hours of the alarm.

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Most Recent Highlights In Environmental

EPA’s Fall 2023 Regulatory Agenda released
2023-12-07T06:00:00Z

EPA’s Fall 2023 Regulatory Agenda released

The Environmental Protection Agency’s (EPA’s) Fall 2023 Semiannual Agenda of Regulatory and Deregulatory Actions was released on December 7. The agenda shows the agency’s upcoming regulatory actions and where they are in the rulemaking process.

The agenda includes major updates, such as:

  • Finalizing a rule under the Clean Water Act by September 2024 to require facilities near navigable water that store listed hazardous substances above a threshold amount to prepare facility response plans and implement response training for spills;
  • Moving the Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles — Phase 3 rule to the final rule stage, with an expected publishing date in March 2024;
  • Proposing a rule in December 2023 that, if finalized, would list specific per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery Act, which would subject them to corrective action requirements at hazardous waste treatment, storage, and disposal facilities; and
  • Proposing a rule in April 2024 to clarify how water quality trading and other market-based approaches may be used by the National Pollutant Discharge Elimination System permitting authorities in permits to meet applicable water quality standards.

While you will want to review the entire agenda to learn about all the rulemakings on EPA’s docket, this article highlights just some of the major rules we are watching closely. Also, please note that the agenda dates reflect tentative dates by which the agency hopes to publish the rulemakings in the Federal Register.

Final Rule Stage
Projected publication dateTitle
December 2023Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention
January 2024PFAS National Primary Drinking Water Regulation Rulemaking
March 2024Designating PFOA and PFOS as CERCLA Hazardous Substances
March 2024Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles — Phase 3
September 2024Clean Water Act Hazardous Substance Facility Response Plans
Proposed Rule Stage
Projected publication date of Notice of Proposed RulemakingTitle
December 2023Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents
December 2023Supplemental Air Plan Actions: Interstate Transport of Air Pollution for the 2015 8-hour Ozone NAAQS and Supplemental Federal "Good Neighbor Plan" Requirements for the 2015 8-hour Ozone NAAQS
February 2024Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)
April 2024Market-Based Approaches Under the National Pollutant Discharge Elimination System (NPDES) Program
April 2024Review of the Secondary National Ambient Air Quality Standards for Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter
Pre-Rule Stage
Projected publication date or other actionTitle
February 2024 (End of Advanced Notice of Proposed Rulemaking comment period)Potential Emergency Planning and Community Right-to-Know Act Animal Waste Reporting Rule
April 2024 (Notice)Petition to Delist Stationary Combustion Turbines From the List of Categories of Major Sources of Hazardous Air Pollutants
2023-12-06T06:00:00Z

EPA Proposed Rule: Revisions to National Primary Drinking Water Regulations for Lead and Copper

The U.S. Environmental Protection Agency (EPA) is proposing revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper under the authority of the Safe Drinking Water Act (SDWA). In this document, EPA is proposing to require water systems to replace lead service lines, remove the lead trigger level, reduce the lead action level to 0.010 mg/L, and strengthen tap sampling procedures, among other changes that would improve public health protection and simplify the rule relative to the 2021 Lead and Copper Rule Revisions (LCRR). This proposed rule provides improvements in the additional following areas: corrosion control treatment, public education and consumer awareness, requirements for small systems, and sampling in schools and child care facilities. EPA's proposed rule aims to address potential disproportionate impacts of lead in drinking water in communities, including through proposed lead service line replacement and public education, among other areas of the proposed rule.

DATES: Comments must be received on or before February 5, 2024, published in the Federal Register December 6, 2023, page 84878.

View proposed rule.

2023-12-06T06:00:00Z

EPA Partial Withdrawal of Final Rule: Technical Corrections to August 9, 2023 Solid and Hazardous Waste Rule

Because the EPA received adverse comment on eight amendments in the direct final rule published on August 9, 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule.

DATES: This correction is effective December 7, 2023, published in the Federal Register December 6, 2023, page 84710.

View final rule.

§261.4 Exclusions.
(a)(25)(i)(I)RevisedView text
(a)(25)(vi) and (vii)RevisedView text
(a)(25)(xi)(D)RevisedView text
§262.11 Hazardous waste determination and recordkeeping.
(d) introductory textRevisedView text
(g)RevisedView text
§262.16 Conditions for exemption for a small quantity generator that accumulates hazardous waste.
Introductory textRevisedView text
(b) introductory textRevisedView text
(b)(5) introductory textRevisedView text
(b)(8)(iv)(A) and (B)RevisedView text
§262.17 Conditions for exemption for a large quantity generator that accumulates hazardous waste.
Introductory textRevisedView text
(a)(2)RevisedView text
(a)(7)(i)(A)RevisedView text
(a)(8)(iii)(A)(4)RevisedView text
(b)RevisedView text
(c) introductory textRevisedView text
(d)RevisedView text
(e)RevisedView text
(f) introductory textRevisedView text
§262.232 Conditions for a generator managing hazardous waste from an episodic event.
(a)(5)RevisedView text
(b)(4) introductory textRevisedView text
(b)(4)(ii)(C)RevisedView text
§266.508 Shipping non-creditable hazardous waste pharmaceuticals from a healthcare facility of evaluated hazardous waste pharmaceuticals from a reverse distributor.
(a)(1)(iii)(C)RevisedView text
(a)(2)(i)RevisedView text

Previous Text

§261.4 Exclusions.

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(a)(25)(i)(I) The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in such countries and the nature of its handling while there (for purposes of this section, the terms "EPA Acknowledgment of Consent", "country of import" and "country of transit" are used as defined in 40 CFR 262.81 with the exception that the terms in this section refer to hazardous secondary materials, rather than hazardous waste):

* * * *

(a)(25)(vi) The export of hazardous secondary material under this paragraph (a)(25) is prohibited unless the hazardous secondary material generator receives from EPA an EPA Acknowledgment of Consent documenting the consent of the country of import to the receipt of the hazardous secondary material. Where the country of import objects to receipt of the hazardous secondary material or withdraws a prior consent, EPA will notify the hazardous secondary material generator in writing. EPA will also notify the hazardous secondary material generator of any responses from countries of transit.

(a)(25)(vii) Prior to each shipment, the hazardous secondary material generator or a U.S. authorized agent must:

(A) Submit Electronic Export Information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in accordance with 15 CFR 30.4(b).

(B) Include the following items in the EEI, along with the other information required under 15 CFR 30.6:

(1) EPA license code;

(2) Commodity classification code per 15 CFR 30.6(a)(12);

(3) EPA consent number;

(4) Country of ultimate destination per 15 CFR 30.6(a)(5);

(5) Date of export per 15 CFR 30.6(a)(2);

(6) Quantity of waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15); or

(7) EPA net quantity reported in units of kilograms, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume.

* * * *

(a)(25)(xi)(D) By reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material was managed as hazardous waste, the DOT hazard class, the name and U.S. EPA ID number (where applicable) for each transporter used, the consent number(s) under which the hazardous secondary material was shipped and for each consent number, the total amount of hazardous secondary material shipped and the number of shipments exported during the calendar year covered by the report;

§262.11 Hazardous waste determination and recordkeeping.§262.11 Hazardous waste determination and recordkeeping.

* * * *

(d) The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in subpart Cof 40 CFR part 261 by following the procedures in paragraph (d)(1) or (2) of this section, or a combination of both. Where a waste is both listed and exhibits a characteristic, the listed waste code is sufficient, provided that the listed waste code addresses the constituents and/or properties that cause the waste to exhibit the characteristic. Otherwise, the waste codes must be identified for all applicable listings and characteristics.

* * * *

(g) Identifying hazardous waste numbers for small and large quantity generators. Consistent with paragraph (d) of this section, if the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in subparts C and D of part 261 of this subchapter. Prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to §262.32.

§262.16 Conditions for exemption for a small quantity generator that accumulates hazardous waste.

A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that all the conditions for exemption listed in this section are met:

* * * *

(b) Accumulation. The generator accumulates hazardous waste on site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in paragraphs (c), (d), and (e) of this section. The following accumulation conditions also apply:

* * * *

(b)(5) Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator must comply with 40 CFR part 265 subpart DD The generator must label its containment buildings with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172, subpart E(labeling) or subpart F(placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). The generator must also maintain:

* * * *

(b)(8)(iv)(A) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under paragraph (b)(8)(ii) of this section.

(b)(8)(iv)(B) In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under paragraph (b)(8)(ii) of this section.

§262.17 Conditions for exemption for a large quantity generator that accumulates hazardous waste.

A large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that all of the following conditions for exemption are met:

* * * *

(a)(2) Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the large quantity generator must comply with the applicable requirements of subpart J (except §§265.197(c) and 265.200 of this subchapter) as well as the applicable requirements of 40 CFR part 265, subparts AA through CC.

* * * *

(a)(7)(i)(A) Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv)(C) of this section.

* * * *

(a)(8)(iii)(A)(4) If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in paragraph (a)(8)(iii)(A)(2) of this section, then the waste accumulation unit is considered to be a landfill and the generator must close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (§265.310 of this subchapter). In addition, for the purposes of closure, post-closure, and financial responsibility, such a waste accumulation unit is then considered to be a landfill, and the generator must meet all of the requirements for landfills specified in 40 CFR part 265, subparts G and H.

* * * *

(b) Accumulation time limit extension. A large quantity generator who accumulates hazardous waste for more than 90 days is subject to the requirements of 40 CFR parts 124, 264 through 268, and part 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, unless it has been granted an extension to the 90-day period. Such extension may be granted by EPA if hazardous wastes must remain on site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Regional Administrator on a case-by-case basis.

(c) Accumulation of F006. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days, but not more than 180 days without being subject to parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that it complies with all of the following additional conditions for exemption:

(d) F006 transported over 200 miles. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on site for more than 90 days, but not more than 270 days without being subject to parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, if the large quantity generator complies with all of the conditions for exemption of paragraphs (c)(1) through (4) of this section.

(e) F006 accumulation time extension. A large quantity generator accumulating F006 in accordance with paragraphs (c) and (d) of this section who accumulates F006 waste on site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on site is an operator of a storage facility and is subject to the requirements of 40 CFR parts 124, 264, 265, 267, and 270, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted by EPA if F006 waste must remain on site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must remain on site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Regional Administrator on a case-by-case basis.

(f) Consolidation of hazardous waste received from very small quantity generators. Large quantity generators may accumulate on site hazardous waste received from very small quantity generators under control of the same person (as defined in §260.10 of this subchapter), without a storage permit or interim status and without complying with the requirements of parts 124, 264 through 268, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that they comply with the following conditions. "Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to "control" such generators.

[Change Notice] [Previous Text]

§262.232 Conditions for a generator managing hazardous waste from an episodic event.

* * * *

(a)(5) The very small quantity generator must comply with the hazardous waste manifest provisions of subpart Bof this part and the recordkeeping provisions for small quantity generators in §262.44 when it sends its episodic event hazardous waste off site to a designated facility, as defined in §260.10 of this subchapter.

* * * *

(b)(4) Accumulation by small quantity generators. A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, the following conditions apply:

* * * *

(b)(4)(ii)(C) Use inventory logs, monitoring equipment or other records to identify the date upon which each episodic event begins; and

§266.508 Shipping non-creditable hazardous waste pharmaceuticals from a healthcare facility of evaluated hazardous waste pharmaceuticals from a reverse distributor.

* * * *

(a)(1)(iii)(C) Lab packs that will be incinerated in compliance with §268.42(c) of this subchapter are not required to be marked with EPA hazardous waste numbers (i.e., hazardous waste codes), except D004, D005, D006, D007, D008, D010, and D011, where applicable. A nationally recognized electronic system, such as bar coding or radio frequency identification tag, may be used to identify the applicable EPA hazardous waste numbers (i.e., hazardous waste codes).

* * * *

(a)(2)(i) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals is not required to list all applicable EPA hazardous waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form 8700—22.

HealthcarePersonal ServicesReal EstateManufacturing (33/Durable)Repair ServicesConstructionMiningEntertainmentProfessional ServicesManufacturing (31/Food/Textiles)WarehousingRetailWholesale DistributionUtilitiesWaste ManagementManufacturing (32/Non-Durable)TransportationPublic AdministrationSQGsBlasting AgentsTrashException ReportingBoilersReactivityHazWasteShop RagsVery Small Quantity GeneratorsLabelsHighly Hazardous ChemicalSolvent WasteU CodesNational Contingency PlanEmergency EquipmentEHSsMunicipal Solid WasteExtremely Hazardous SubstancesGarbageConditionally ExemptWaste CodesNCPHazardous Waste GeneratorsHHCEmergency CoordinatorsHMTAerosol CansAcute WasteUsed BatteriesBulk PackagingsIndustrial FurnacesWaste BurningChemicalsNon-Acute Wastee-ManifestsCorrosivityIntegrated Contingency PlansCERCLA Hazardous SubstancesHazardous MaterialsRecyclingRCRAVSQGsResiduesICPsP CodesEPA ID NumbersForm 8700-12Conditionally Excluded WasteHMRSolvent Contaminated WipesMunitionsNational Response CenterPharmaceutical WasteWaste BurnersTagsToxicityElectronic ManifestsResource Conservation and RecoveryCharacteristic WasteCESQGsToxic ChemicalsNon-Bulk PackagingsIgnitabilityLarge Quantity GeneratorsERIListed WasteChemical ListsCRTsLQGsHazardous ChemicalsCathode Ray TubesPost-ClosurePrecious MetalsSmall Quantity GeneratorsEmergency Response InformationToxic SubstancesPlacardsEpisodic GenerationAccumulationPackagesBiennial ReportingOne PlanOily RagsHazardous Secondary MaterialsLandfillingNational Response SystemSMS AdvancedSMS TrialSMS EssentialSMS PremiumSMS Trial Enterpriser40CFR266r40CFR262r40CFR26140 CFR 26640 CFR 26240 CFR 26140 CFR 266 Standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities40 CFR 262 Standards applicable to generators of hazardous waste40 CFR 261 Identification and listing of hazardous waste
2023-12-01T06:00:00Z

EPA: Removal of Affirmative Defense Provisions From the National Emission Standards for Hazardous Air Pollutants for the Oil and Natural Gas Production Facility and Natural Gas Transmission and Storage Facility Source Categories

SUMMARY: The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the oil and gas industry issued under the Clean Air Act. Specifically, the EPA is proposing to remove the affirmative defense provisions of the National Emission Standards for Hazardous Air Pollutants for both the Oil and Natural Gas Production source category and the Natural Gas Transmission and Storage source category.

DATES: This proposed rule is published in the Federal Register December 1, 2023, page 83889.

View proposed rule.

Are you as focused on combustible dusts as OSHA?
2023-11-30T06:00:00Z

Are you as focused on combustible dusts as OSHA?

If you think you may have combustible dusts lurking in your facilities, you’ll want to know about recent updates to OSHA’s Combustible Dust National Emphasis Program (NEP). Have you been added to the list of higher-likelihood industries?

What are combustible dusts?

Employers are required to inspect their facilities for processes that generate or use combustible dusts and address associated fire, deflagration, and explosion hazards. So, what constitutes combustible dust? Combustible dusts are fine particles that present an explosion hazard when suspended in air under certain conditions.

The following combustible dusts can cause catastrophic loss of life, severe injuries, and building destruction:

  • Metal dust such as aluminum, magnesium, and some forms of iron dusts;
  • Wood dust;
  • Coal and other carbon dusts, including carbon black;
  • Plastic dust, phenolic resins, and additives;
  • Rubber dust;
  • Biosolids;
  • Some textile materials;
  • Organic dust such as sugar, flour, paper, and soap; and
  • Dried blood.

Protecting workers from combustible dusts

Many combustible dust incidents occur without the employer or workers realizing they are in danger. They were either unaware of the potential for dust explosions or failed to recognize the serious nature of dust explosion hazards.

Hazard assessments must be performed to identify all physical and health hazards associated with combustible dusts and ensure Safety Data Sheets (SDSs) list potential exposures and controls. Employers must anticipate types of operations, material use, or downstream material processing that can generate or potentially generate combustible dusts. Operations and uses include:

  • Abrasive blasting;
  • Cutting, grinding, polishing, or crushing of materials;
  • Conveying, mixing, sifting, or screening dry materials; and
  • Building up dried residue from processing wet materials.

How easily particles ignite, or cause explosions, is dependent upon the particle size, shape, moisture content or humidity, and available oxygen. These physical characteristics can change during manufacturing, use, or while the material is being processed. The regulation at 1910.272(j)(2)(ii) requires the removal of any fugitive grain dust accumulations whenever they exceed ⅛ inch (0.32 cm) at priority housekeeping areas or to demonstrate and assure, through the development and implementation of the housekeeping program, that equivalent protection is provided. The thickness of dust must be no more than the thickness of a dime. Essentially, if a footprint can be made in the dust, there’s too much.

What changed with the NEP?

OSHA replaced its March 2008 directive with a revised NEP on January 30, 2023. The NEP added several industries with a higher likelihood of having combustible dust hazards or that have experienced combustible dust-related fatalities/catastrophes. Industries added include:

  • 311812 – Commercial Bakeries
  • 325910 – Printing Ink Manufacturing
  • 321912 – Cut Stock, Resawing Lumber, and Planning
  • 316110 – Leather and Hide Tanning and Finishing
  • 321214 – Truss Manufacturing
  • 424510 – Grain and Field Bean Merchant Wholesalers

Keys to Remember

Too often, employers and workers were unaware of the potential for dust explosions or failed to recognize the serious nature of dust explosion hazards. OSHA has added some industries with a higher likelihood of having combustible dust hazards to the Combustible Dust NEP.

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Most Recent Highlights In Transportation

A particulate matter: Stricter emissions limits placed on lead recyclers
2023-11-27T06:00:00Z

A particulate matter: Stricter emissions limits placed on lead recyclers

The Environmental Protection Agency (EPA) published a final rule for New Source Performance Standards (NSPS) for secondary lead smelters, which include facilities that recycle lead-bearing scrap material, typically lead acid batteries. The final rule imposes stricter regulations on particulate matter (PM) emissions and adds testing, recordkeeping, and reporting requirements.

Who’s impacted?

Secondary lead smelters subject to the NSPS that were constructed, reconstructed, or modified after June 11, 1973, and on or before December 1, 2022, are regulated by 40 CFR 60 Subpart L. While PM emissions and opacity standards remain the same, the final rule adds these requirements:

  • Initial performance tests of PM emissions and opacity,
  • Periodic performance tests of PM emissions (every 12 months or every 24 months if conditions are met),
  • Electronic submission of performance tests through EPA’s Central Data Exchange,
  • Monitoring, and
  • Recordkeeping and reporting.

Regulated secondary lead smelters that are constructed, reconstructed, or modified after December 1, 2022, are regulated by the newly added Subpart La, which requires the same additions to Subpart L as well as:

  • Stricter PM emissions and opacity standards that apply at all times (including periods of startup, shutdown, and malfunction),
  • PM standards for all process fugitive emission sources, and
  • Periodic performance tests of opacity.

EPA also added Method 22 as an alternative for showing compliance with opacity standards in efforts to reduce testing burdens.

2023-11-24T06:00:00Z

EPA: Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)

SUMMARY: The Environmental Protection Agency (EPA) is proposing revisions to the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. After receiving additional comments following the issuance of the 2021 PBT final rules, the Agency has determined that revisions to the decaBDE and PIP (3:1) regulations are necessary to address implementation issues and to reduce further exposures. As required under TSCA, these proposed requirements would, if finalized, reduce the potential for exposures to humans and the environment to decaBDE and PIP (3:1) to the extent practicable. The Agency is not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6-TTBP, HCBD, and PCTP) at this time.

DATES: This proposed rule is published in the Federal Register November 24, 2023, page 82287.

View proposed rule.

2023-11-20T06:00:00Z

EPA: New Source Performance Standards Review for Secondary Lead Smelters

SUMMARY: The Environmental Protection Agency (EPA) is finalizing amendments to the new source performance standards (NSPS) for secondary lead smelters pursuant to the periodic review required by the Clean Air Act (CAA). Specifically, the EPA is finalizing revisions to the NSPS that applies to affected secondary lead smelters constructed, reconstructed, or modified after December 1, 2022 (NSPS subpart La). The EPA is also finalizing amendments to the NSPS for secondary lead smelters constructed, reconstructed, or modified after June 11, 1973, and on or before December 1, 2022, (NSPS subpart L). In addition, we are finalizing the use of EPA Method 22 (Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares) as an alternative for demonstrating compliance with the opacity limit.

DATES: This final rule is effective on November 20, 2023, published in the Federal Register November 20, 2023, page 80594.

View final rule.

§60.17 Incorporations by reference.
(h)(206)RevisedView text
(j)(2)RevisedView text
Subpart L - Standards of Performance for Secondary Lead Smelters for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and On or Before December 1, 2022
Subpart headingRevised View text
§60.120 Applicability and designation of affected facility.
(b)Revised View text
§60.122 Standard for particulate matter.
(a)(1)Revised View text
§60.123 Test methods and procedures.
Entire sectionRevised View text
§60.124 Monitoring requirements.
Entire sectionAddedView text
§60.125 Notification, recordkeeping, and reporting requirements.
Entire sectionAddedView text
Subpart La—Standards of Performance for Secondary Lead Smelters for Which Construction, Reconstruction, or Modification Commenced After December 1, 2022
Entire subpartAddedView text

View Text

§60.17 Incorporations by reference.

* * * * *

(h) * * *

(206) ASTM D7520–16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016; IBR approved for §§60.271(k); and (b); 60.273(c) and (d); 60.274(h); 60.275(e); 60.276(c); 60.271a; 60.272a(a) and (b); 60.273a(c) and (d); 60.274a(h); 60.275a(e); 60.276a(f); 60.271b; 60.272b(a) and (b); 60.273b(c) and (d); 60.274b(h); 60.275b(e); 60.276b(f); 60.374a(d).

* * * * *

(j) * * *

(2) EPA–454/R–98–015, Office of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997, https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF; IBR approved for §§60.273(e); 60.273a(e); 60.273b(e); 60.373a(b); 60.2145(r); 60.2710(r); 60.4905(b); 60.5225(b).

* * * * *

Subpart L - Standards of Performance for Secondary Lead Smelters

§60.120 Applicability and designation of affected facility.

* * * * *

(b) Any facility under paragraph (a) of this section that commences construction or modification after June 11, 1973, is subject to the requirements of this subpart.

§60.122 Standard for particulate matter.

(a) * * *

(1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).

* * * * *

§60.123 Test methods and procedures.

(a) In conducting the performance tests required in §60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in §60.8(b).

(b) The owner or operator shall determine compliance with the particulate matter standards in §60.122 as follows:

(1) Method 5 shall be used to determine the particulate matter concentration during representative periods of furnace operation, including charging and tapping. The sampling time and sample volume for each run shall be at least 60 minutes and 0.90 dscm (31.8 dscf).

(2) Method 9 and the procedures in §60.11 shall be used to determine opacity.

2023-11-17T06:00:00Z

EPA: Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d)

SUMMARY: The Environmental Protection Agency (EPA) is finalizing amendments to the regulations that govern the processes and timelines for state and Federal plans to implement emission guidelines under Clean Air Act (CAA) New Source Performance Standards for existing sources (the “implementing regulations”). The amendments include revisions to the timing requirements for state and the EPA actions related to plans; the addition of mechanisms to improve flexibility and efficiency in plan processes; and new requirements for demonstration of timely meaningful engagement with pertinent stakeholders—including, but not limited to, industry, small businesses, and communities most affected by and vulnerable to the impacts of the plan. This action additionally provides a process for states' consideration of `remaining useful life and other factors' (RULOF) in applying a standard of performance; amends the definition of standard of performance in the implementing regulations; and clarifies compliance flexibilities that states may choose to incorporate into state plans, including trading or averaging. Finally, this action adds requirements for the electronic submission of state plans and provides several other clarifications and minor revisions to the implementing regulations.

DATES: This final rule is effective on December 18, 2023, published in the Federal Register November 17, 2023, page 80480.

View final rule.

§60.1 Applicability.
(a)RevisedView Text
§60.20a Applicability.
(a) introductory textRevisedView Text
§60.21a Definitions.
(e), (f)RevisedView Text
(k), (l)AddedView Text
§60.22a Publication of emission guidelines.
(b)(3), (c)RevisedView Text
§60.23a Adoption and submittal of State plans; public hearings.
(a)(1)RevisedView Text
(a)(3)AddedView Text
(b)RevisedView Text
(i)AddedView Text
§60.24a Standards of performance and compliance schedules.
(b)-(f)RevisedView Text
(g)-(i)AddedView Text
§60.25a Emission inventories, source surveillance, reports.
(a)RevisedView Text
§60.27a Actions by the Administrator.
(a)RevisedView Text
(b)(1)-(2)AddedView Text
(c)-(d)RevisedView Text
(f) introductory textRevisedView Text
(g)(1)RevisedView Text
(g)(2)(viii)RevisedView Text
(g)(2)(ix), (x)RedesignatedView Text
(h)-(j)AddedView Text
§60.28a Plan revisions by the State.
(a)RevisedView Text
§60.29a Plan revisions by the Administrator.
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Previous Text

§60.1 Applicability.

(a) Except as provided in subparts B and C, the provisions of this part apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of any standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility.

§60.20a Applicability.

(a) The provisions of this subpart apply upon publication of a final emission guideline under §60.22a(a) if implementation of such final guideline is ongoing as of July 8, 2019 or if the final guideline is published after July 8, 2019.

§60.21a Definitions.

* * * *

(e) Emission guideline means a guideline set forth in subpart C of this part, or in a final guideline document published under §60.22a(a), which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of such reduction and any non-air quality health and environmental impact and energy requirements) the Administrator has determined has been adequately demonstrated for designated facilities.

(f) Standard of performance means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated, including, but not limited to a legally enforceable regulation setting forth an allowable rate or limit of emissions into the atmosphere, or prescribing a design, equipment, work practice, or operational standard, or combination thereof.

§60.22a Publication of emission guidelines.

* * * *

(b)(3) Information on the degree of emission limitation which is achievable with each system, together with information on the costs, nonair quality health environmental effects, and energy requirements of applying each system to designated facilities.

* * * *

(c) The emission guidelines and compliance times referred to in paragraph (b)(5) of this section will be proposed for comment upon publication of the draft guideline document, and after consideration of comments will be promulgated in subpart C of this part with such modifications as may be appropriate.

§60.23a Adoption and submittal of State plans; public hearings.

(a)(1) Unless otherwise specified in the applicable subpart, within three years after notice of the availability of a final emission guideline is published under §60.22a(a), each State shall adopt and submit to the Administrator, in accordance with §60.4, a plan for the control of the designated pollutant to which the emission guideline applies.

* * * *

(b) If no designated facility is located within a State, the State shall submit a letter of certification to that effect to the Administrator within the time specified in paragraph (a) of this section. Such certification shall exempt the State from the requirements of this subpart for that designated pollutant.

§60.24a Standards of performance and compliance schedules.

* * * *

(b) Standards of performance shall either be based on allowable rate or limit of emissions, except when it is not feasible to prescribe or enforce a standard of performance. The EPA shall identify such cases in the emission guidelines issued under §60.22a. Where standards of performance prescribing design, equipment, work practice, or operational standard, or combination thereof are established, the plan shall, to the degree possible, set forth the emission reductions achievable by implementation of such standards, and may permit compliance by the use of equipment determined by the State to be equivalent to that prescribed.

* * * *

(c) Except as provided in paragraph (e) of this section, standards of performance shall be no less stringent than the corresponding emission guideline(s) specified in subpart C of this part, and final compliance shall be required as expeditiously as practicable, but no later than the compliance times specified in an applicable subpart of this part.

(d) Any compliance schedule extending more than 24 months from the date required for submittal of the plan must include legally enforceable increments of progress to achieve compliance for each designated facility or category of facilities. Unless otherwise specified in the applicable subpart, increments of progress must include, where practicable, each increment of progress specified in §60.21a(h) and must include such additional increments of progress as may be necessary to permit close and effective supervision of progress toward final compliance.

(e) In applying a standard of performance to a particular source, the State may take into consideration factors, such as the remaining useful life of such source, provided that the State demonstrates with respect to each such facility (or class of such facilities):

(1) Unreasonable cost of control resulting from plant age, location, or basic process design;

(2) Physical impossibility of installing necessary control equipment; or

(3) Other factors specific to the facility (or class of facilities) that make application of a less stringent standard or final compliance time significantly more reasonable.

(f) Nothing in this subpart shall be construed to preclude any State or political subdivision thereof from adopting or enforcing:

(1) Standards of performance more stringent than emission guidelines specified in subpart C of this part or in applicable emission guidelines; or

(2) Compliance schedules requiring final compliance at earlier times than those specified in subpart C of this part or in applicable emission guidelines.

§60.25a Emission inventories, source surveillance, reports.

(a) Each plan shall include an inventory of all designated facilities, including emission data for the designated pollutants and information related to emissions as specified in appendix D to this part. Such data shall be summarized in the plan, and emission rates of designated pollutants from designated facilities shall be correlated with applicable standards of performance. As used in this subpart, “correlated” means presented in such a manner as to show the relationship between measured or estimated amounts of emissions and the amounts of such emissions allowable under applicable standards of performance.

§60.27a Actions by the Administrator.

* * * *

(a) The Administrator may, whenever he determines necessary, shorten the period for submission of any plan or plan revision or portion thereof.

(c) The Administrator will promulgate, through notice-and-comment rulemaking, a federal plan, or portion thereof, at any time within two years after the Administrator:

(1) Finds that a State fails to submit a required plan or plan revision or finds that the plan or plan revision does not satisfy the minimum criteria under paragraph (g) of this section; or

(2) Disapproves the required State plan or plan revision or any portion thereof, as unsatisfactory because the applicable requirements of this subpart or an applicable subpart under this part have not been met.

(d) The Administrator will promulgate a final federal plan as described in paragraph (c) of this section unless the State corrects the deficiency, and the Administrator approves the plan or plan revision, before the Administrator promulgates such federal plan.

* * * *

(f) Prior to promulgation of a federal plan under paragraph (d) of this section, the Administrator will provide the opportunity for at least one public hearing in either:

* * * *

(g)(1) General. Within 60 days of the Administrator's receipt of a state submission, but no later than 6 months after the date, if any, by which a State is required to submit the plan or revision, the Administrator shall determine whether the minimum criteria for completeness have been met. Any plan or plan revision that a State submits to the EPA, and that has not been determined by the EPA by the date 6 months after receipt of the submission to have failed to meet the minimum criteria, shall on that date be deemed by operation of law to meet such minimum criteria. Where the Administrator determines that a plan submission does not meet the minimum criteria of this paragraph, the State will be treated as not having made the submission and the requirements of §60.27a regarding promulgation of a federal plan shall apply.

* * * *

(g)(2)(viii) Compilation of public comments and the State's response thereto; and

§60.28a Plan revisions by the State.

(a) Any revision to a state plan shall be adopted by such State after reasonable notice and public hearing. For plan revisions required in response to a revised emission guideline, such plan revisions shall be submitted to the Administrator within three years, or shorter if required by the Administrator, after notice of the availability of a final revised emission guideline is published under §60.22a. All plan revisions must be submitted in accordance with the procedures and requirements applicable to development and submission of the original plan.

§60.29a Plan revisions by the Administrator.

After notice and opportunity for public hearing in each affected State, the Administrator may revise any provision of an applicable federal plan if:

2023-11-16T06:00:00Z

EPA: National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for Rubber Tire Manufacturing, as required by the Clean Air Act (CAA). To ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, the EPA is proposing emissions standards for the rubber processing subcategory of the rubber tire manufacturing industry, which is the only unregulated subcategory within the Rubber Tire Manufacturing source category.

DATES: Comments must be receive on or before January 2, 2024. Published in the Federal Register November 16, 2023, page 78692.

View proposed rule.

See More

Most Recent Highlights In Safety & Health

Are workers using the right respirator and cartridge?
2023-11-16T06:00:00Z

Are workers using the right respirator and cartridge?

OSHA requires employers to provide each worker with respiratory protection when such equipment is necessary to protect the worker’s health. Employers are required by 29 CFR 1910.134 to provide respirators that are applicable and suitable for the purpose intended. The employer must also establish and maintain a respiratory protection program that identifies respiratory hazards, controls, and proper personal protective equipment selection and use.

Respirators protect workers against insufficient oxygen, harmful dusts, smoke, gases, and vapors. These hazards may cause cancer, lung diseases, or even death. Without the correct respirator and corresponding cartridge, workers are at risk of exposure.

Does the type of respirator and cartridge really matter?

Respirators protect workers in two ways — by removing contaminants from the air or by supplying clean air to the user. Particulate respirators filter out airborne particles, while air-purifying respirators (APRs) with cartridges filter out chemicals and gases. Atmosphere-supplying respirators (ASRs provide air and include airline respirators, which use compressed air from a remote source, and self-contained breathing apparatus (SCBA), which contain their own air supply.

Each type of respirator has an assigned protection factor (APF) that indicates the level of protection expected from the respirator. APRs use filters, cartridges, or canisters to remove contaminants such as dusts, gases, vapors, and aerosols from the air. The cartridges or canisters have a filter, sorbent, catalyst, or combination of these items that removes specific contaminants from air that passes through the container. Per 1910.134(d)(3)(i)(A), employers are required to assign protection factors based on Table 1 in the standard.

Both the proper type and the service life of the cartridge are paramount. Respirators and cartridges must meet or exceed the required level of worker protection. Employers must ensure APFs are appropriate to the operation or task for which respirators are used.

Types of respirator cartridges

Employers and workers should always refer to container labels and safety data sheets (SDSs to determine the proper respiratory protection for each task. NIOSH-approved respirator cartridges are designated by color coding:

  • Black — used for organic vapors (OV)
  • Black/magenta (black/purple) — used for OV and high efficiency (HE) filter, P100 filters
  • Olive-brown — used for OV, acid gases, and ammonia
  • Olive-brown/magenta (olive-brown/purple) — used for OV, ammonia, acid gases, and HE filter, P100 filters
  • Magenta (purple) — used for HE filter, P100 filters
  • Yellow — used for OVs and acid gases
  • Yellow/magenta (yellow/purple) — used for OV, acid gases, and HE filter, P100 filters
  • White — used for acid gases
  • Bright green — used for ammonia

End of service life

Each respirator cartridge will have an end-of-service-life indicator (ESLI) warning the respirator user that the end of adequate respiratory protection is near. For example, the sorbent is approaching saturation or is no longer effective. Workers who use cartridges or canisters beyond the ESLI are placing themselves in harm’s way.

Keys to Remember

OSHA’s Respiratory Protection standard requires employers to protect workers from insufficient oxygen, harmful dusts, smoke, gases, and vapors. Respirators and corresponding cartridges must be of proper type and condition to ensure protection appropriate to the operation or task for which they’re used.

2023-11-08T06:00:00Z

EPA: Locomotives and Locomotive Engines; Preemption of State and Local Regulations

SUMMARY: The Environmental Protection Agency (EPA) is finalizing revisions to its regulations addressing preemption of State and local regulation of locomotives and engines used in locomotives. This rule implements a policy change to no longer categorically preempt certain State regulations of non-new locomotives and engines, aligning with the plain text of the Clean Air Act (CAA), and better achieving the legislative intent of providing for exclusive Federal regulation of new locomotives and new locomotive engines while preserving the ability of California and other States to adopt and enforce certain State standards regulating non-new locomotives and engines.

DATES: This final rule is effective on December 8, 2023, published in the Federal Register November 8, 2023, page 77004.

§1074.10 Scope of preemption.
(b) RevisedView text
(c)AddedView text
§1074.12 Scope of preemption-specific provisions for locomotives and locomotive engines
Entire sectionRemoved View text
§1074.101 Procedures for California nonroad authorization requests.
(a)RevisedView text

Previous Text

§1074.10 Scope of preemption.

* * * *

(b) For nonroad engines or vehicles other than those described in paragraph (a) of this section and §1074.12, States and localities are preempted from enforcing any standards or other requirements relating to control of emissions from nonroad engines or vehicles except as provided in subpart B of this part.

* * * *

§1074.101 Procedures for California nonroad authorization requests.

(a) California must request authorization from the Administrator to enforce its adopted standards and other requirements relating to control of emissions from nonroad engines or vehicles that are not preempted by §1074.10(a) or §1074.12. The request must include the record on which the state rulemaking was based.

* * * *

2023-10-31T05:00:00Z

EPA: Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA)

SUMMARY: The Environmental Protection Agency (EPA) is proposing to address the unreasonable risk of injury to human health presented by trichloroethylene (TCE) under its conditions of use as documented in EPA's November 2020 Risk Evaluation for TCE and January 2023 revised risk determination for TCE pursuant to the Toxic Substances Control Act (TSCA). TCE is widely used as a solvent in a variety of industrial, commercial and consumer applications including for hydrofluorocarbon (HFC) production, vapor and aerosol degreasing, and in lubricants, greases, adhesives, and sealants. TSCA requires that when EPA determines a chemical substance presents unreasonable risk that EPA address by rule the unreasonable risk of injury to health or the environment and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. EPA determined that TCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to TCE, including non-cancer effects (liver toxicity, kidney toxicity, neurotoxicity, immunotoxicity, reproductive toxicity, and developmental toxicity) as well as cancer (liver, kidney, and non-Hodgkin lymphoma) from chronic inhalation and dermal exposures to TCE. TCE is a neurotoxicant and is carcinogenic to humans by all routes of exposure. The most sensitive adverse effects of TCE exposure are non-cancer effects (developmental toxicity and immunosuppression) for acute exposures and developmental toxicity and autoimmunity for chronic exposures. To address the identified unreasonable risk, EPA is proposing to: prohibit all manufacture (including import), processing, and distribution in commerce of TCE and industrial and commercial use of TCE for all uses, with longer compliance timeframes and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time-limited exemptions); prohibit the disposal of TCE to industrial pre-treatment, industrial treatment, or publicly owned treatment works, with a time-limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.

DATES: Comments must be received on or before December 15, 2023, published in the Federal Register October 31, 2023, page 74712.

View proposed rule.

2023-10-31T05:00:00Z

EPA: Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting

SUMMARY: The Environmental Protection Agency (EPA) is adding per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). These PFAS already have a lower reporting activity threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern means such PFAS are subject to the same reporting requirements as other chemicals of special concern ( i.e., it eliminates the use of the de minimis exemption and the option to use Form A and would limit the use of range reporting for PFAS). Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. EPA is removing the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase to better inform any TRI reporting obligations.

DATES: This final rule is effective November 30, 2023 and shall apply for the reporting year beginning January 1, 2024 (reports due July 1, 2025), published in the Federal Register October 31, 2023, page 74360.

View final rule

§372.22 Covered facilities for toxic chemical release reporting.
(c)RevisedView text
§372.25 Thresholds for reporting.
Introductory textRevisedView text
(f)-(h)RevisedView text
§372.28 Lower thresholds for chemicals of special concern.
Table 1 to paragraph (a)(1); entry “Per- and polyfluoroalkyl substances”AddedView text
§372.29 Thresholds for per- and polyfluoroalkyl substances.
Entire sectionRemovedView text
§372.30 Reporting requirements and schedule for reporting.
(a)-(b)RevisedView text
§372.38 Exemptions.
(a)(2)RevisedView text
(b)-(d), (f)-(h)RevisedView text
§372.45 Notification about toxic chemicals.
(d)(1)RevisedView text

Previous Text

§372.22 Covered facilities for toxic chemical release reporting.

* * * *

(c) The facility manufactured (including imported), processed, or otherwise used a toxic chemical in excess of an applicable threshold quantity of that chemical set forth in §372.25, §372.27, §372.28, or §372.29.

§372.25 Thresholds for reporting.

Except as provided in §372.27, 372.28, and 372.29, the threshold amounts for purposes of reporting under §372.30 for toxic chemicals are as follows:

* * * *

(f) A toxic chemical may be listed in §372.65 with the notation that only persons who manufacture the chemical, or manufacture it by a certain method, are required to report. In that case, only owners or operators of facilities that manufacture that chemical as described in §372.65 in excess of the threshold applicable to such manufacture in §372.27, §372.28, or§372.29 or are required to report. In completing the reporting form, the owner or operator is only required to account for the quantity of the chemical so manufactured and releases associated with such manufacturing, but not releases associated with subsequent processing or use of the chemical at that facility. Owners and operators of facilities that solely process or use such a chemical are not required to report for that chemical.

(g) A toxic chemical may be listed in §372.65 with the notation that it is in a specific form (e.g., fume or dust, solution, or friable) or of a specific color (e.g., yellow or white). In that case, only owners or operators of facilities that manufacture, process, or use that chemical in the form or of the color, specified in §372.65 in excess of the threshold applicable to such activity in §372.27, §372.28, or§372.29 are required to report. In completing the reporting form, the owner or operator is only required to account for the quantity of the chemical manufactured, processed, or used in the form or color specified in §372.65 and for releases associated with the chemical in that form or color. Owners or operators of facilities that solely manufacture, process, or use such a chemical in a form or color other than those specified by §372.65 are not required to report for that chemical.

(h) Metal compound categories are listed in §372.65(c) . For purposes of determining whether any of the thresholds specified in §372.27, §372.28, or§372.29 are met for metal compound category, the owner or operator of a facility must make the threshold determination based on the total amount of all members of the metal compound category manufactured, processed, or used at the facility. In completing the release portion of the reporting form for releases of the metal compounds, the owner or operator is only required to account for the weight of the parent metal released. Any contribution to the mass of the release attributable to other portions of each compound in the category is excluded.

§372.30 Reporting requirements and schedule for reporting.

(a) For each toxic chemical known by the owner or operator to be manufactured (including imported), processed, or otherwise used in excess of an applicable threshold quantity in §372.25, §372.27, §372.28, or §372.29 at its covered facility described in §372.22 for a calendar year, the owner or operator must submit to EPA and to the State in which the facility is located a completed EPA Form R (EPA Form 9350-1), EPA Form A (EPA Form 9350-2), and, for the dioxin and dioxin-like compounds category, EPA Form R Schedule 1 (EPA Form 9350-3) in accordance with the instructions referred to in subpart E of this part. If the covered facility is located in Indian country, the facility shall submit (to the extent applicable) a completed EPA Form R, Form A, and Form R Schedule 1 as described above to EPA and to the official designated by the Tribal Chairperson or equivalent elected official of the relevant Indian Tribe, instead of to the State.

(b)(1) The owner or operator of a covered facility is required to report as described in paragraph (a) of this section on a toxic chemical that the owner or operator knows is present as a component of a mixture or trade name product which the owner or operator receives from another person, if that chemical is imported, processed, or otherwise used by the owner or operator in excess of an applicable threshold quantity in §372.25, §372.27, §372.28, or §372.29 at the facility as part of that mixture or trade name product.

(2) The owner or operator knows that a toxic chemical is present as a component of a mixture or trade name product (i) if the owner or operator knows or has been told the chemical identity or Chemical Abstracts Service Registry Number of the chemical and the identity or Number corresponds to an identity or Number in §372.65 , or (ii) if the owner or operator has been told by the supplier of the mixture or trade name product that the mixture or trade name product contains a toxic chemical subject to section 313 of the Act or this part.

(3) To determine whether a toxic chemical which is a component of a mixture or trade name product has been imported, processed, or otherwise used in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29 at the facility, the owner or operator shall consider only the portion of the mixture or trade name product that consists of the toxic chemical and that is imported, processed, or otherwise used at the facility, together with any other amounts of the same toxic chemical that the owner or operator manufactures, imports, processes, or otherwise uses at the facility as follows:

(i) If the owner or operator knows the specific chemical identity of the toxic chemical and the specific concentration at which it is present in the mixture or trade name product, the owner or operator shall determine the weight of the chemical imported, processed, or otherwise used as part of the mixture or trade name product at the facility and shall combine that with the weight of the toxic chemical manufactured (including imported), processed, or otherwise used at the facility other than as part of the mixture or trade name product. After combining these amounts, if the owner or operator determines that the toxic chemical was manufactured, processed, or otherwise used in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29, the owner or operator shall report the specific chemical identity and all releases of the toxic chemical on EPA Form R in accordance with the instructions referred to in subpart E of this part.

(ii) If the owner or operator knows the specific chemical identity of the toxic chemical and does not know the specific concentration at which the chemical is present in the mixture or trade name product, but has been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator shall assume that the toxic chemical is present in the mixture or trade name product at the upper bound concentration, shall determine whether the chemical has been manufactured, processed, or otherwise used at the facility in excess of an applicable threshold as provided in paragraph (b)(3)(i) of this section, and shall report as provided in paragraph (b)(3)(i) of this section.

(iii) If the owner or operator knows the specific chemical identity of the toxic chemical, does not know the specific concentration at which the chemical is present in the mixture or trade name product, has not been told the upper bound concentration of the chemical in the mixture or trade name product, and has not otherwise developed information on the composition of the chemical in the mixture or trade name product, then the owner or operator is not required to factor that chemical in that mixture or trade name product into threshold and release calculations for that chemical.

(iv) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical andknows the specific concentration at which it is present in the mixture or trade name product, the owner or operator shall determine the weight of the chemical imported, processed, or otherwise used as part of the mixture or trade name product at the facility. Since the owner or operator does not know the specific identity of the toxic chemical, the owner or operator shall make the threshold determination only for the weight of the toxic chemical in the mixture or trade name product. If the owner or operator determines that the toxic chemical was imported, processed, or otherwise used as part of the mixture or trade name product in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29, the owner or operator shall report the generic chemical name of the toxic chemical, or a trade name if the generic chemical name is not known, and all releases of the toxic chemical on EPA Form R in accordance with the instructions referred to in subpart E of this part.

(v) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical, and does not know the specific concentration at which the chemical is present in the mixture or trade name product, but has been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator shall assume that the toxic chemical is present in the mixture or trade name product at the upper bound concentration, shall determine whether the chemical has been imported, processed, or otherwise used at the facility in excess of an applicable threshold as provided in paragraph (b)(3)(iv) of this section, and shall report as provided in paragraph (b)(3)(iv) of this section.

(vi) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical, does not know the specific concentration at which the chemical is present in the mixture or trade name product, including information they have themselves developed, and has not been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator is not required to report with respect to that toxic chemical.

§372.38 Exemptions.

* * * *

(a)(2) The exemption in this paragraph (a) applies whether the person received the mixture from another person, or the person produced the mixture, either by mixing the chemicals involved or by causing a chemical reaction which resulted in the creation of the toxic chemical in the mixture. However, this exemption applies only to the quantity of the toxic chemical present in the mixture. If the toxic chemical is also manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the mixture or in a mixture at higher concentrations, in excess of an applicable threshold quantity set forth in §372.25, the person is required to report under §372.30. This exemption does not apply to toxic chemicals listed in §372.28, except for purposes of §372.45(d)(1).

(b) Articles. If a toxic chemical is present in an article at a covered facility, a person is not required to consider the quantity of the toxic chemical present in such article when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29 or determining the amount of release to be reported under §372.30 . This exemption applies whether the person received the article from another person or the person produced the article. However, this exemption applies only to the quantity of the toxic chemical present in the article. If the toxic chemical is manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity set forth in §372.25, §372.27, §372.28, or §372.29, the person is required to report under §372.30 . Persons potentially subject to this exemption should carefully review the definitions of "article" and "release" in §372.3 . If a release of a toxic chemical occurs as a result of the processing or use of an item at the facility, that item does not meet the definition of "article."

(c) Uses. If a toxic chemical is used at a covered facility for a purpose described in this paragraph (c) , a person is not required to consider the quantity of the toxic chemical used for such purpose when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29 or determining the amount of releases to be reported under §372.30 . However, this exemption only applies to the quantity of the toxic chemical used for the purpose described in this paragraph (c) . If the toxic chemical is also manufactured (including imported), processed, or otherwise used at the covered facility other than as described in this paragraph (c) , in excess of an applicable threshold quantity set forth in §372.25, §372.27, §372.28, or §372.29, the person is required to report under §372.30 .

(1) Use as a structural component of the facility.

(2) Use of products for routine janitorial or facility grounds maintenance. Examples include use of janitorial cleaning supplies, fertilizers, and pesticides similar in type or concentration to consumer products.

(3) Personal use by employees or other persons at the facility of foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary.

(4) Use of products containing toxic chemicals for the purpose of maintaining motor vehicles operated by the facility.

(5) Use of toxic chemicals present in process water and non-contact cooling water as drawn from the environment or from municipal sources, or toxic chemicals present in air used either as compressed air or as part of combustion.

(d) Activities in laboratories. If a toxic chemical is manufactured, processed, or used in a laboratory at a covered facility under the supervision of a technically qualified individual as defined in §720.3(ee) of this title, a person is not required to consider the quantity so manufactured, processed, or used when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29 or determining the amount of release to be reported under §372.30 . This exemption does not apply in the following cases:

(1) Specialty chemical production.

(2) Manufacture, processing, or use of toxic chemicals in pilot plant scale operations.

(3) Activities conducted outside the laboratory.

(e) Certain owners of leased property. The owner of a covered facility is not subject to reporting under §372.30 if such owner's only interest in the facility is ownership of the real estate upon which the facility is operated. This exemption applies to owners of facilities such as industrial parks, all or part of which are leased to persons who operate establishments in any SIC code or NAICS code in §372.23 that is subject to the requirements of this part, where the owner has no other business interest in the operation of the covered facility.

(f) Reporting by certain operators of establishments on leased property such as industrial parks. If two or more persons, who do not have any common corporate or business interest (including common ownership or control), operate separate establishments within a single facility, each such person shall treat the establishments it operates as a facility for purposes of this part. The determinations in §372.22 and §372.25, §372.27, §372.28, or §372.29 shall be made for those establishments. If any such operator determines that its establishment is a covered facility under §372.22 and that a toxic chemical has been manufactured (including imported), processed, or otherwise used at the establishment in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29 for a calendar year, the operator shall submit a report in accordance with §372.30 for the establishment. For purposes of this paragraph (f), a common corporate or business interest includes ownership, partnership, joint ventures, ownership of a controlling interest in one person by the other, or ownership of a controlling interest in both persons by a third person.

(g) Coal extraction activities . If a toxic chemical is manufactured, processed, or otherwise used in extraction by facilities in SIC code 12, or in NAICS codes 212111, 212112 or 212113, a person is not required to consider the quantity of the toxic chemical so manufactured, processed, or otherwise used when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29, or determining the amounts to be reported under §372.30.

(h) Metal mining overburden . If a toxic chemical that is a constituent of overburden is processed or otherwise used by facilities in SIC code 10, or in NAICS codes 212221, 212222, 212230 or 212299, a person is not required to consider the quantity of the toxic chemical so processed, or otherwise used when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29, or determining the amounts to be reported under §372.30.

§372.45 Notification about toxic chemicals.

* * * *

(d)(1) If a mixture or trade name product contains no toxic chemical in excess of the applicable de minimis concentration as specified in §372.38(a) .

EPA deletes de minimis exemption for TRI-listed PFAS
2023-10-31T05:00:00Z

EPA deletes de minimis exemption for TRI-listed PFAS

The Environmental Protection Agency (EPA) finalized a rule impacting all reporting facilities that manufacture, process, or otherwise use per- and polyfluoroalkyl substances (PFAS) subject to Toxics Release Inventory (TRI) reporting (listed at 40 CFR 372.65). The agency is:

  • Designating all TRI-listed PFAS as “chemicals of special concern,” and
  • Removing the de minimis exemption for supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern.

Impact on reporting entities

The final rule categorizes all PFAS on the TRI as chemicals of special concern. This action:

  • Eliminates the de minimis exemption, which allowed facilities to avoid reporting information on PFAS that were used in small (de minimis) quantities (below the 100-pound threshold);
  • Removes eligibility to use reporting Form A, which simplified reporting for facilities that didn’t exceed the thresholds for the total annual reportable amount of PFAS (500 pounds) and for the amounts of PFAS manufactured, processed, or used (1 million pounds); and
  • Limits range reporting for PFAS.

Reporting facilities will now be required to report all quantities of PFAS they manage or release into the environment.

Additionally, EPA eliminated the de minimis exemption for the supplier notification requirements (at 372.45) to downstream facilities for facilities that manufacture or process any chemical on the list of chemicals of special concern. Previously, suppliers weren’t required to notify product users of certain chemicals present in mixtures if their concentrations were less than 1 percent (less than 0.1 percent for carcinogens). Suppliers will now be required to notify users of any amount of a chemical of special concern contained in the mixture.

Future PFAS added to TRI

The final rule also stipulates that when PFAS are added to the TRI in the future, they will also be added to the list of chemicals of special concern on the same date. This helps EPA avoid delays in reporting requirements since the 100-pound reporting threshold for PFAS will remain in the regulations.

The final rule’s changes take effect for the reporting year beginning on January 1, 2024. The annual TRI reports for 2024 are due to EPA on July 1, 2025.

Key to remember: EPA’s recent final rule requires covered facilities to include all quantities of PFAS on their TRI reports and mandates that suppliers notify product users of the presence of any chemicals of special concern contained in the mixture or product.

See More

Most Recent Highlights In Human Resources

2023-10-30T05:00:00Z

EPA: Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)

SUMMARY: The Environmental Protection Agency (EPA, “the Agency”) is proposing to amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the conditions of use. EPA has reconsidered the procedural framework rule for conducting such risk evaluations and determined that certain aspects of that framework should be revised to better align with applicable court decisions and the statutory text, to reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule.

DATES: Comments must be received on or before December 14, 2023, published in the Federal Register October 30, 2023, page 74292.

View proposed rule.

EHS Monthly Roundup - March 2023

EHS Monthly Roundup - March 2023

This monthly video spotlights EHS news highlights from March 2023.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript to take a deeper dive into the topics I’ll be covering today. With that said, let’s get started!

First, let’s take a look at what’s happening in safety and health. OSHA revised its combustible dust national emphasis program. It adds several industries with a higher likelihood of having combustible dust hazards.

California’s Safety and Health Appeals Board says drinking water must be “as close as practicable” to outdoor employees.

The Pipeline and Hazardous Materials Safety Administration says that some forklift operators may be considered hazmat employees. If operators handle hazmat cargo, such as moving it from the truck to an aircraft, they need hazmat training.

OSHA posted a letter of interpretation that answers hazard communication questions related to lithium batteries. The agency says workers may be exposed to hazards during storage, handling, and maintenance activities.

Stand Up 4 Grain Safety Week was held the week of March 27. Employers were encouraged to hold toolbox talks or safety demonstrations related to grain handling and storage.

Turning to environmental news, EPA issued significant new use rules for chemical substances that were the subject of premanufacture notices. This change brings added reporting and recordkeeping.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

EHS Monthly Roundup - February 2023

EHS Monthly Roundup - February 2023

This monthly video spotlights EHS news highlights from February 2023.

Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news.

First, let’s take a look at what’s happening in safety and health. Machine guarding and hazard communication topped OSHA’s list of most frequently cited serious violations in fiscal year 2022. Over 1,300 citations were issued for machine guarding and over 1,800 were issued for HazCom.

Effective March 26, OSHA will cite certain types of violations as “instance-by-instance” citations, when inspectors identify high-gravity, serious violations specific to the following: falls, trenching, machine guarding, respiratory protection, permit required confined space, and lockout/tagout, as well as other-than-serious violations specific to recordkeeping.

California’s COVID-19 prevention non-emergency regulations, which require employers to protect workers from the hazards related to COVID-19, took effect February 3, and will remain in effect for two years.

A new OSHA fact sheet outlines measures to protect shipyard employees from the physical hazards of confined spaces. In the maritime sector, physical hazards in confined spaces can increase a worker’s risk of injury.

OSHA says it will withdraw its proposal to revoke Arizona’s State Plan. The state has taken measures to remain compliant with federal OSHA. However, OSHA continues to work closely with Arizona to address other state-plan concerns that weren’t part of its original withdrawal proposal.

And turning to environmental news, EPA issued a rule that finalizes first-time standards for inorganic hazardous air pollutants in miscellaneous coating manufacturing that will limit emissions and require effective controls. Final amendments include provisions for inorganic hazardous air pollutant standards for process vessels. The rule took effect February 22.

Thanks for tuning in to the monthly news roundup. We'll see you next month!

2023-10-24T05:00:00Z

EPA: Phasedown of Hydrofluorocarbons: Restrictions on the Use of Certain Hydrofluorocarbons Under the American Innovation and Manufacturing Act of 2020

SUMMARY: The U.S. Environmental Protection Agency is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on December 27, 2020. This rulemaking restricts the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establishes a process for submitting technology transitions petitions; establishes recordkeeping and reporting requirements; and addresses certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. These restrictions on the use of hydrofluorocarbons address petitions granted on October 7, 2021, and September 19, 2022.

DATES: This rule is effective December 26, 2023, published in the Federal Register October 24, 2023, page 73098.

View final rule.

Part 84—Phasedown of Hydrofluorocarbons
Subpart B—Restrictions on the Use of HydrofluorocarbonsAddedView text
2023-10-23T05:00:00Z

EPA: Guideline on Air Quality Models; Enhancements to the AERMOD Dispersion Modeling System

SUMMARY: In this action, the Environmental Protection Agency (EPA) proposes to revise the Guideline on Air Quality Models (“Guideline”). The Guideline has been incorporated into EPA's regulations, satisfying a requirement under the Clean Air Act (CAA) section 165(e)(3)(D) for the EPA to specify, with reasonable particularity, models to be used in the Prevention of Significant Deterioration (PSD) program. It provides EPA-preferred models and other recommended techniques, as well as guidance for their use in predicting ambient concentrations of air pollutants. In this action, the EPA is proposing revisions to the Guideline, including enhancements to the formulation and application of the EPA's near-field dispersion modeling system, AERMOD, and updates to the recommendations for the development of appropriate background concentration for cumulative impact analyses. Within this action, the EPA is also announcing the Thirteenth Conference on Air Quality Modeling and invites the public to participate in the conference. The conference will focus on the proposed revisions to the Guideline, and part of the conference will also serve as the public hearing for these revisions.

DATES: This proposed rule is published in the Federal Register October 23, 2023, page 72826.

View proposed rule.

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