EPA Action On Texas Regional Haze SIP

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans (including Texas), designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. The dates for action on the Texas regional haze SIP are:
Proposed Promulgation: May 15, 2012
Final Promulgation: November 15, 2012

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

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New Air Emission Rules Affecting Texas Oil and Gas Drilling

The U.S. Environmental Protection Agency (EPA) has proposed standards to reduce regulated air emissions from oil and gas drilling operations. These proposed updated standards, issued in response to a court order, would rely on existing technologies to reduce emissions. The proposal would cut volatile organic compound (VOC) emissions from several types of processes and equipment used in the oil and gas industry, including a 95% reduction in VOCs emitted during the completion of new and modified hydraulically fractured wells.

EPA’s analysis of the proposed changes, which also include requirements for storage tanks and other equipment, estimates a net savings to the industry of $10s of millions annually from the value of natural gas that would no longer escape to the air. The proposal includes reviews of four air regulations for the oil and natural gas industry as required by the Clean Air Act: a new source performance standard for VOCs from equipment leaks at gas processing plants; a new source performance standard for sulfur dioxide emissions from gas processing plants; an air toxics standard for oil and natural gas production; and an air toxics standard for natural gas transmission and storage.

EPA is under a consent decree requiring the agency to sign a proposal by July 28, 2011 and take final action by Feb. 28, 2012. As part of the public comment period, EPA will hold three public hearings, in the Dallas, Denver and Pittsburgh areas.

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Two Texas Counties Selected For Hydraulic Fracturing Study

As part of the congressionally mandated hydraulic fracturing study. EPA has identified seven case studies it will use in the assessment of potential impacts of hydraulic fracturing on drinking water resources. The sites identified were selected following input from stakeholders, including the public, local and state officials, industry, and environmental organizations. EPA will begin field work in some of the selected regions this summer.

The studies will take place in several regions across the country, and are broken into two study groups. Two of the seven sites were selected as prospective case studies where EPA will monitor key aspects of the hydraulic fracturing process throughout the lifecycle of a well.

These areas are located in:
Haynesville Shale - DeSoto Parish, LA
Marcellus Shale - Washington County, PA

Five retrospective case studies were selected and will examine areas where hydraulic fracturing has already occurred for any impact on drinking water resources. These are located in:

Bakken Shale - Kildeer, and Dunn Counties, ND
Barnett Shale - Wise and Denton Counties, TX
Marcellus Shale - Bradford and Susquehanna Counties, PA.
Marcellus Shale - Washington County, PA
Raton Basin - Las Animas County, CO

The information gathered from these case studies will include literature review, collection of data and information from states, industry and communities, laboratory work and computer modeling.

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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Draft Construction Permit Released For Public Comment

U.S. Environmental Protection Agency (EPA) is asking for public comment its draft permit regulating the discharge of stormwater from construction sites. The proposed Construction General Permit (CGP) includes a number of new requirements on owners and operators of construction sites, including new provisions to protect impaired and sensitive waters. The current permit is scheduled to expire on June 30, 2011; however, EPA is proposing to extend the current permit until January 31, 2012 to provide sufficient time to finalize the new permit.

Some of the significant proposed permit modifications include new requirements for:

• Eligibility for emergency-related construction


• Required use of the electronic notice of intent (NOI)process


• Sediment and erosion controls


• Natural buffers or alternative controls


• Soil stabilization


• Pollution prevention


• Site inspections


• Stormwater Pollution Prevention Plans (SWPPP)


• Permit termination (NOT)

Many of the new permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010. These requirements include a number of erosion and sediment controls and pollution prevention measures that apply to all permitted construction sites.

The permit will be effective in areas where EPA is the permitting authority, including four states (Idaho, Massachusetts, New Hampshire and New Mexico); Washington, D.C.; most territories; and most Indian country lands. However, in practice, EPA general permits are used by authorized States as a template for revised State general NPDES permits, and therefore, conditions of the EPA permit will likely be reflected in State permits in the future.

The public will have 60 days to comment on the draft permit. EPA anticipates that it will issue the final construction general permit by January 31, 2012.

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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Spill Prevention Rule 40 CFR 112 Excludes Milk

The U.S. Environmental Protection Agency (EPA) has exempted milk and milk product containers from the SPCC rule, 40 CFR 112. EPA had previously delayed SPCC compliance requirements for milk and milk product containers until the mandated regulatory process could be completed. In January 2009, EPA proposed the rule to exempt milk containers from the SPCC rule.

The final exemption applies to milk, milk product containers, and milk production equipment. In addition, because some of these facilities may still have oil storage subject to the spill prevention regulations, EPA is also amending the rule to exclude milk storage capacity from a facility’s total oil storage capacity calculation. The agency is also removing the compliance date requirements for the exempted containers.

The SPCC regulations require facilities with the capacity to store more than the threshold quantity of oils and fats to create and implement plans to prepare, prevent and respond to spills. The current exemption for milk does not apply to fuel oil and other applicable oils stored on farms; farms that store above the regulatory threshold of fuel oil and other applicable oils are covered under the SPCC.

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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Proposed TCEQ Industrial Stormwater Discharge Permit

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP). The draft MSGP specifies which facilities must obtain permit coverage, which are eligible for exclusion from permit requirements (NEC), which may be automatically authorized, and which may be required to obtain individual permit coverage.

Some of the key changes to the existing MSGP include:

1. Added a section to the general permit stating that certain types facilities are covered under the general permit without submitting an NOI, nor having to implement a SWP3 according to the requirements of the general permit, provided that certain specific permit conditions are met
2. A new option for transportation facilities (land transportation and warehousing, water transportation, and air transportation) to include storm water discharges from material handling and storage areas in their MSGP authorization.
3. Authorization for contaminated storm water discharges from active landfill cells described by industrial activity codes HZ (hazardous waste treatment, storage, and disposal) and LF (landfills and land application sites) that are subject to 40 CFR Part 445, Subparts A and B.
4. Changes to requirements for paper application forms, and increased the application fee by $100.00 for operators submitting a paper NOI or NEC form.
5. Changes to benchmark sampling, including:
   1. Revised benchmark levels based on data that was submitted during calendar years 2007 and 2008.
   2. Added benchmark sampling requirements in Sector AD (Miscellaneous Industrial Activities) for pollutants commonly regulated in individual storm water permits: pH, COD, TSS, and oil and grease.
   3. Added a waiver option for benchmark sampling during Years 3 and 4, if sampling during Years 1 and 2 demonstrates that the annual average result for all benchmark parameters is below the benchmark level for the regulated sector.
   4. Revised reporting requirements so that Years 1 and 2 data would be submitted to TCEQ and Years 3 and 4, if collected, would be retained on site, except that any annual average result exceeding a benchmark level must be submitted to the TCEQ.
6. Revision of permit language regarding “representative storm event” changed to “qualifying storm event,” to clarify that a precipitation event is considered representative (or qualifying) based on the fact that it produces a discharge, rather than based on the measured amount of precipitation (i.e., previously, a representative storm event would include at least 0.1 inch of measured precipitation).
7. Additional revisions within several specific industries in Part V of the draft MSGP, including:
   1. Removed effluent limits for runoff from coal piles that are not associated with a steam electric power generating facility.
   2. Added or revised industry-specific requirements for most industrial sectors to be consistent with EPA’s 2008 MSGP.
8. Revised the section “Impaired Water Bodies and Total Maximum Daily Load Requirements” to address new and existing discharges to impaired water bodies.
   

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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Conditional No-exposure Exclusion Requirements Proposed By TCEQ

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP) One of the key changes under the proposed MGSP will be the requirements to meet the No Exposure Exemption.

Facilities regulated under the MSGP may be excluded from permit requirements if there is no exposure of industrial materials or activities to precipitation or runoff. To qualify for this conditional exclusion from permit requirements, the operator of the facility must certify that industrial activities and materials are isolated from precipitation and runoff by storm resistant shelter (there are certain exceptions to the requirement for a storm resistant shelters). The certification must be submitted to the TCEQ on a No Exposure Certification (NEC) form, or other approved form.

Storm-resistant shelters include buildings or structures that have complete roofs and walls, as well as structures with only a top cover but no side coverings, as long as the materials or activities under the structure are not otherwise subject to any run-on and subsequent runoff of storm water, or mobilization by wind.

Facilities operating under a conditional no-exposure exclusion are subject to inspection by TCEQ to determine compliance with the exclusion. In addition, operators of facilities that qualify for this exclusion and that discharge storm water to a municipal separate storm sewer system (MS4) must provide a copy of their NEC form to the MS4 operator, even if not required by the MS4.

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.

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

Application Deadline For TCEQ Multi Sector General Permit

The TCEQ is proposing to issue the new TPDES Multi Sector General Permit (MSGP) in July 2011 with the effective date of August 14, 2011. The TCEQ plans to send renewal notification letters to inform current permittees that facilities who want to renew permit coverage have until November 21, 2011 to submit the required application form (NOI or NEC). Current permittees who do not want to renew coverage must submit an NOT before September 1, 2011, to avoid the $200 annual water quality fee.

Renewal application forms will not be available nor accepted before the permit effective date of August 14, 2011. If an operator submits an NOI or an NEC before the effective date of the permit, a new authorization under the existing permit will be processed.

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.

For further information contact Caltha LLP at

info@calthacompany.com

or Caltha LLP Website

TCEQ Receives National Wetland Conditions Assessment Grant

The US Environmental Protection Agency (EPA) has awarded the Texas Commission on Environmental Quality (TCEQ) $352,000 to support work in Texas as part of a comprehensive survey of the nation’s wetlands. The National Wetland Conditions Assessment is a statistical survey of wetlands in the United States. The survey is designed to assess the condition of the nation’s wetlands, to help build state and tribal capacity for monitoring and assessment and to establish a baseline of wetland conditions to evaluate progress in the future.

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.

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

GHG Permit Requirements For Biomass Fuel Units

The Environmental Protection Agency (EPA) has announced a plan to defer for three years green house gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources. EPA intends to use this time to seek further independent scientific analysis and then to develop a rulemaking on how these emissions should be treated in determining whether a Clean Air Act permit is required.

By July 2011, EPA plans to complete a rulemaking that will defer permitting requirements for CO2 emissions from biomass-fired and other biogenic sources for three years. During the three-year period, the agency will seek input on scientific issues. EPA will also further consider the comments it received from its July 2010 Call for Information, including comments noting that burning certain types of biomass may emit the same amount of CO2 emissions that would be emitted if they were not burned as fuel, while others may result in a net increase in CO2 emissions. Before the end of the three-year period, the agency intends to issue a second rulemaking that determines how these emissions should be treated or counted under GHG permitting requirements.

The agency also plans to issue guidance that will provide a basis that state or local permitting authorities may use to conclude that the use of biomass as fuel is the best available control technology for GHG emissions until the agency can complete an action on the three-year deferral in July.

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.

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