TCEQ Ordered To Reissue Expired NPDES Discharge Permits

Environmental Protection Agency (EPA) has requested the Texas Commission on Environmental Quality (TCEQ) take the necessary steps to reissue Clean Water Act discharge permits to sewage treatment plants and industrial facilities in Texas.

TCEQ has a significant number of draft Clean Water Act discharge permits which have not been issued pending resolution of various concerns raised by EPA. Of the 80 discharge permits of concern, a large number of these draft permits have been delayed due to issues regarding the toxicity of the discharges. In some cases, EPA has expressed concerned that expired permits continue to authorize toxic discharges. EPA has requested that TCEQ issue the overdue discharge permits within six months.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

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Texas TCEQ Required To Update GHG Permit Program Under Tailoring Rule

The U.S. Environmental Protection Agency (EPA) is moving forward with its plan to require certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These updates are required to ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s “Tailoring Rule”.

Texas is one of 13 states that EPA has identified need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include: Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

The Clean Air Act requires states to develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.

In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources are not covered by these GHG permitting requirements.

Related links:
Proposed EPA GHG Tailoring Rule

Additional background on greenhouse gas GHG permitting requirements

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

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Effluent Limitations Guidelines for Construction & Development Source Category

US EPA has announced that it is taking action will address an error that was identified in the Effluent Limitations Guidelines for the Construction & Development (C&D) Point Source Category. The C&D rule was issued on December 1, 2009 and became effective on February 1, 2010. This rule contains a numeric effluent limit for turbidity, based on the application of passive treatment technology.

After the final rule was promulgation, EPA received two petitions for reconsideration of the C&D rule. The petitions pointed out a potential error in the calculation of the numeric limit. Based on EPA's examination of the underlying dataset, EPA has determined that the calculations used to develop the limit were not adequate to support the numeric effluent limit. Consequently, EPA intends to propose a correction rule for public comment and then take final action on a revised limitation.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Audit Program Option for TCEQ Flexible Permit Holders

U.S. Environmental Protection Agency (EPA) has released its voluntary Audit Program to help companies in Texas with Flexible Permits obtain air quality permits that meet state and federal requirements and the protections of the Clean Air Act (CAA). The TCEQ's Flexible Permits program was never approved by EPA into the state implementation plan (SIP).

The Audit Program will offer a covenant from civil enforcement by the federal government, for instances where companies with Flexible Permits operated outside of federal requirements provided that companies agree to and complete the proposed audit program. In addition, companies who enter the audit will no longer be subject to EPA's use of Title V tools for permits issued that do not contain all CAA requirements.

The Audit Program is available for 90 days after publication in the Federal Register. Participants who sign up in the first 45 days can take advantage of a reduced penalty incentive for potential violations.

Under the program, a third-party auditor will conduct an independent review of operations, modifications, and permitting activities that occurred since the issuance of the flexible permit, so that the federally-applicable requirements can be identified for a new permit. These independent findings would be directly transmitted to the company and EPA and used to establish new limits in state-issued permits. EPA anticipates the audit process to take about one year.

The Audit Program requires participants to obtain federally-approved state permits from the TCEQ. A company would enter into a Consent Agreement and Final Order with EPA based on the findings of the third-party audit. This audit program and CAFO would resolve any New Source Review non-compliance issues that occurred while operating with the Flexible Permit provided that the companies complete the audit program.

The federal audit program is one of two paths available for companies to transition their flexible permits to a permit that meets federal and state requirements. EPA is also inviting companies to contact the EPA Region 6 Compliance Assurance and Enforcement Division if they are interested in more direct negotiations with EPA that would result in federally-enforceable permits and resolution of non-compliance and Title V uncertainty.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, regulatory auditing auditting and to develop cost effective compliance programs.

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Small Business Advocacy Review of Stormwater Rules

U.S. Environmental Protection Agency (EPA) is inviting small businesses and municipalities to nominate representatives to provide input on a proposed stormwater rule. Selected participants would provide input to a Small Business Advocacy Review panel, which will consist of officials from EPA, the U.S. Small Business Administration and the Office of Management and Budget. As required by the Regulatory Flexibility Act, EPA is establishing this panel because the rule could have a significant economic impact on small entities. The representatives will provide input on how EPA can minimize the potential burden on small entities of the proposed regulation. Nominations must be received by August 4, 2010.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

EPA Proposes Voluntary Compliance Audits To Address Air Issue

EPA has announced final disapproval of the flexible permit program that the Texas Commission on Environmental Quality (TCEQ) had submitted for inclusion in its clean-air implementation plan. EPA has determined that this program does not meet several national Clean Air Act requirements that help to assure the protection of health and the environment.

To insure no disruptions for facilities, EPA has entered into discussions on how to convert existing flexible permits into more detailed permits that comply with the Clean Air Act. One tool proposed by EPA is encouraging flexible permit holders to participate in a voluntary compliance audit program. The program will expedite efforts to identify emission limits, operating requirements and monitoring, reporting and recordkeeping data. Public comment on the proposed audit program closes on July 2, 2010.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Texas Spill Prevention - SPCC Plan - State Requirements

Spill Prevention, Control & Countermeasure – SPCC Rule Compliance 40 CFR 112
SPCC Plans and State Spill Control and Spill Reporting Requirements

Caltha LLP provides technical support to facilities nationwide to comply with US EPA Spill Prevention, Control & Countermeasure (SPCC) Rules (40 CFR 112) and State-specific spill prevention, spill preparedness and spill reporting requirements. Caltha provides SPCC Plan services in a number of flexible formats, ranging from turn-key services where we provide a complete SPCC Plan, to ad hoc technical guidance to facility or corporate staff as they prepare Plans and compliance programs. Caltha also provides technical support in developing and implementing SPCC Inspection programs, and in developing and presenting annual SPCC Training.

Caltha specializes in assisting smaller to medium sized facilities that qualify for self certification of their SPCC Plan and/or qualify to use the SPCC Template Plan format. The SPCC Rule (40 CFR 112) now allows SPCC Plans to be self-certified (no PE certification required) by facilities, if they meet a certain conditions.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information or to request a quote for SPCC services, contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

CAFO Permitting Settlement

On May 25, 2010, environmental groups and the Environmental Protection Agency (EPA) signed a settlement agreement resolving their challenges filed in federal court to the 2008 Final Concentrated Animal Feeding Operations (CAFO) National Pollutant Discharge Elimination System (NPDES) Rule.

The settlement agreement requires EPA to issue a guidance document, no later than May 25, 2011, that specifies the kinds of operations and factual circumstances that EPA anticipates may trigger the duty for CAFOs to apply for NPDES permits. This guidance would be used to review and/or inspect existing unpermitted livestock facilities and determine whether they require a NPDES permit.

The settlement agreement also requires EPA to propose a rule to require all owners or operators of CAFOs to submit information to EPA, regardless of whether they discharge or propose to discharge. EPA is required to propose such a rule, receive public comment and take final action on the proposed rule by May 25, 2012.

Caltha LLP provides expert consulting services in Texas to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

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TCEQ Qualified Facilities Exemption Rule

EPA disapproved the Qualified Facilities exemption rule that TCEQ had submitted for inclusion in its federally approved State Implementation Plan (SIP). The rule allowed companies that have air permits to avoid certain federal requirements including public review when they modify their plants. EPA has determined that this regulation does not meet several federal Clean Air Act requirements.

In September 2009, EPA issued a Federal Register Notice proposing to disapprove the TCEQ’s Qualified Facilities Program and invited public comment. EPA has been meeting with TCEQ, industry representatives, and environmental groups to discuss deficiencies with current State air emission permits.

Before the end of 2010, EPA plans to issue final decisions on two additional changes: 1) the Flexible Permits Program and 2) New Source Review Reform regulations.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Amendment to TRI Chemical List

U.S. Environmental Protection Agency (EPA) is proposing to add 16 chemicals to the Toxics Release Inventory (TRI) list of reportable chemicals. TRI is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities.

Four of the chemicals are being proposed for addition to TRI under the polycyclic aromatic compounds (PACs) category. The PACs category includes chemicals that are persistent, bioaccumulative, toxic (PBT) and are likely to remain in the environment for a very long time. These chemicals are not readily destroyed and may build up or accumulate in body tissue.

To review a list of the chemicals proposed for addition click here

EPA is accepting public comments on the proposal for 60 days after it appears in the Federal Register.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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New Hazardous Materials Security Plan Rule

The Pipeline and Hazardous Materials Safety Administration (PHMSA) revised 49 CFR Part 172 to modify certain aspects of the requirements for hazardous materials security plans. In consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), PHMSA modified security plan requirements applicable to the commercial transportation of hazardous materials by air, rail, vessel, and highway. The final rule narrows the list of materials subject to security plan requirements and clarifies certain requirements related to security planning, training, and documentation.

This final rule is effective October 1, 2010. It has a voluntary compliance date of April 8, 2010.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Proposed EPA MACT Hammer rule

The US EPA plans to propose a new regulatory backstop requiring States to issue case-by-case maximum achievable control technology (MACT) limits at facilities should a federal court vacate an EPA sector-based MACT, which could strengthen the EPA's position on when the so-called MACT "hammer" applies. The pending rule, which received White House Office of Management and Budget approval without change, is intended to prevent confusion on when the MACT hammer applies following a legal loss for EPA on an air toxics rule. The MACT hammer requires states to establish individual toxic limits at facilities in the absence of a federal standard.

EPA believes that the rule is necessary because the MACT hammer process is poorly understood by States, which have largely been slow to implement it after courts vacate EPA MACTs. Historically, courts have held a strict interpretation of the Clean Air Act section 112, which states that MACT rules must impose technology-based requirements for each sector representing the average of the best 12 percent of sources.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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