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	Publications :: Zephyr Alerts :: Archived Alerts Latest Alerts Archived Alerts Subscribe Zephyr alerts is a periodic feature of Currents, Zephyr Environmental Corporation's free quarterly newsletter that reports on regulatory issues and hot industry topics. Alerts benefit environmental, health, and safety professionals by informing them about new and significant risk management topics and trends in the areas of air & water quality, waste issues, incident management, and workplace & community safety. To receive free zephyr alerts by mail, call 512.329.5544 or fill out our comments form. Toxic Release Inventory (TRI) Annual Reporting and Texas Pollution Prevention (PS2) Annual Reporting DHS "Top-Screen" Reporting Due January 22, 2008 PCA CO2 Emissions Inventories Due January 31, 2008 Toxic Release Inventory (TRI) Annual Reporting and Texas Pollution Prevention (PS2) Annual Reporting DHS "Top-Screen" Reporting Due January 22, 2008 PCA CO2 Emissions Inventories Due January 31, 2008 "Chemical Facility" Anti-Terrorism Rule Becomes Effective June 8, 2007 TPDES Industrial Storm Water Permit to Expire New DOT rule requires security plan and alters training Not Subject to Texas Title V? Think Again! EPA's new Spill Pollution, Control and Countermeasures rules EPA's TSCA Inventory Update Report Due December 23rd U.S. plants federally required to show terrorism preparedness EPA sets interim air toxic standards for hazardous waste combustors New requirements for analytical sample test reports TNRCC outlining compliance ranking system for your Texas facility Your plant may be affected by Maryland's loss of permitting authority Fortify your defenses against terrorism Storm water permits in Texas Lowered thresholds for TRI Toxic Release Inventory (TRI) Annual Reporting and Texas Pollution Prevention (P2) Annual Reporting TRI Reports and Texas P2 Annual Progress Reports are required to be submitted by July 1st of each year. If you haven't already, it is time to begin gathering the data necessary to complete these reports. If you are a TRI Reporter you must submit your Form A or Form R Report by July 1st of each year. If you are a facility in Texas who is a large quantity generator or a TRI Reporter who reports on Form R you must also submit a P2 Annual Progress Report to the TCEQ by July 1st of each year. Facilities Affected: TRI Reporters (EPCRA Section 313): Facilities that manufacture, or process, or otherwise use any listed toxic chemical in excess of its threshold amount during the course of a calendar year. (Thresholds are 25,000 lbs manufactured or processed or 10,000 lbs for otherwise used except for persistent, bioaccumulative, toxic chemicals (PBTs), which have thresholds of 100 lbs or less.) P2 Annual Progress Reporters (30 TAC 335 Subchapter Q): Facilities in Texas who are classified as a Large Quantity Generator of hazardous waste (one who generates ≥2,200 lbs per month of hazardous waste OR ≥2.2 lbs per month of acutely hazardous waste); or Facilities in Texas who are required to submit a TRI Form R Report. Zephyr is qualified to answer your questions or to provide assistance in preparing and submitting either your TRI Form R Report or your Texas P2 Annual Progress Report. Please contact Robin Cosgrove at 512-879-6623 or rcosgrove@zephyrenv.com July 1st is only a month away! [top] PCA CO2 Emissions Inventories Due \| January 31, 2008 As you may be aware, the Portland Cement Association (PCA) has established a January 31, 2008 deadline for members to submit 2007 greenhouse gas (GHG) emissions using the World Business Council for Sustainable Development (WBCSD) Greenhouse Gas protocol. Emissions must be reported using the comprehensive and somewhat complex Microsoft Excel based workbook titled CO2 Emissions Inventory Protocol, Version 2.0. Zephyr has acquired the skills to assist with completing these reports at both the plant-level and company-wide. Two of Zephyr's consulting engineers participated in the November PCA sponsored workshop on the CO2 Emissions Inventory Protocol held in Rosemont, Illinois. With this training, Zephyr supplemented our existing general expertise in estimating emissions, with proficiency in accounting for CO2 emissions from cement plants. Specifically, we can assist with the nuances of data collection and entry, for both direct and indirect emissions, using the mandated protocol workbook. This includes assessing the use of default versus plant specific CO2 emissions factors, determining netting results from the use of alternative fuels, and calculating plant specific clinker CO2 factors. For more information regarding Zephyr's GHG Emissions Inventory Services or for assistance with the CO2 Emissions Inventory Protocol, contact: Brett Davis, PE in Austin at 512-879-6628 or bdavis@zephyrenv.com, or Lynne Spector in Columbia, MD at 410-312-7906 or lspector@zephyrenv.com. [top] DHS "Top-Screen" Reporting Due \| January 22, 2008 This Alert updates Zephyr's May 23, 2007 Alert regarding The U.S. Department of Homeland Security (DHS) Chemical Facility Anti-Terrorism Standards (CFATS). The final list of DHS Chemicals of Interest (COI), found at Appendix A to 6 CFR 27, was published in the Federal Register on November 20, 2007 (72 FR 65395). This means that thousands of facilities across the country storing COI in quantities exceeding the screening thresholds listed in Appendix A must complete the Chemical Security Assessment Tool (CSAT) "Top-Screen" initial assessment process by January 22, 2008. (Note that many notices are incorrectly reporting January 19 as the deadline. DHS has posted January 22 as the actual deadline, as is discussed in FAQ 1240 at http://csat-help.dhs.gov/pls/apex/f?p=100:1:1359166075553293#1240.) The CFATS and Appendix A can be found at www.dhs.gov/xprevprot/laws/gc_1166796969417.shtm. To assist facilities with the Top-Screen process, DHS has posted a 111 page Top-Screen guidance document and a 71 page Top-Screen User Manual at http://www.dhs.gov/xprevprot/programs/gc_1169501486197.shtm. The Top-Screen process involves registering with DHS and entering the data required by the on-line tool. Afterwards, DHS will determine if a facility qualifies as a high risk chemical facility covered by the CFATS. If so, other tools, specifically the Security Vulnerability Assessment (SVA) and Site Security Plan (SSP), will be made available to satisfy additional CFATS requirements. DHS expects that the reporting burden for completing the CSAT Top-Screen will be 30.3 hours. Zephyr has expertise in CFATS at all three of our offices. For more information or assistance with completing the Top-Screen, contact Roger Brower in Columbia, MD at 410-312-7907 or rbrower@zephyrenv.com, Brett Davis in Austin at 512-879-6628 or bdavis@zephyrenv.com, or Becky Luman in Houston at 281-668-7343 or rluman@zephyrenv.com. [top] Toxic Release Inventory (TRI) Annual Reporting and Texas Pollution Prevention (P2) Annual Reporting TRI Reports and Texas P2 Annual Progress Reports are required to be submitted by July 1st of each year. If you haven't already, it is time to begin gathering the data necessary to complete these reports. If you are a TRI Reporter you must submit your Form A or Form R Report by July 1st of each year. If you are a facility in Texas who is a large quantity generator or a TRI Reporter who reports on Form R you must also submit a P2 Annual Progress Report to the TCEQ by July 1st of each year. Facilities Affected: TRI Reporters (EPCRA Section 313): Facilities that manufacture, or process, or otherwise use any listed toxic chemical in excess of its threshold amount during the course of a calendar year. (Thresholds are 25,000 lbs manufactured or processed or 10,000 lbs for otherwise used except for persistent, bioaccumulative, toxic chemicals (PBTs), which have thresholds of 100 lbs or less.) P2 Annual Progress Reporters (30 TAC 335 Subchapter Q): Facilities in Texas who are classified as a Large Quantity Generator of hazardous waste (one who generates ≥2,200 lbs per month of hazardous waste OR ≥2.2 lbs per month of acutely hazardous waste); or Facilities in Texas who are required to submit a TRI Form R Report. Zephyr is qualified to answer your questions or to provide assistance in preparing and submitting either your TRI Form R Report or your Texas P2 Annual Progress Report. Please contact Robin Cosgrove at 512-879-6623 or rcosgrove@zephyrenv.com July 1st is only a month away! [top] PCA CO2 Emissions Inventories Due \| January 31, 2008 As you may be aware, the Portland Cement Association (PCA) has established a January 31, 2008 deadline for members to submit 2007 greenhouse gas (GHG) emissions using the World Business Council for Sustainable Development (WBCSD) Greenhouse Gas protocol. Emissions must be reported using the comprehensive and somewhat complex Microsoft Excel based workbook titled CO2 Emissions Inventory Protocol, Version 2.0. Zephyr has acquired the skills to assist with completing these reports at both the plant-level and company-wide. Two of Zephyr's consulting engineers participated in the November PCA sponsored workshop on the CO2 Emissions Inventory Protocol held in Rosemont, Illinois. With this training, Zephyr supplemented our existing general expertise in estimating emissions, with proficiency in accounting for CO2 emissions from cement plants. Specifically, we can assist with the nuances of data collection and entry, for both direct and indirect emissions, using the mandated protocol workbook. This includes assessing the use of default versus plant specific CO2 emissions factors, determining netting results from the use of alternative fuels, and calculating plant specific clinker CO2 factors. For more information regarding Zephyr's GHG Emissions Inventory Services or for assistance with the CO2 Emissions Inventory Protocol, contact: Brett Davis, PE in Austin at 512-879-6628 or bdavis@zephyrenv.com, or Lynne Spector in Columbia, MD at 410-312-7906 or lspector@zephyrenv.com. [top] DHS "Top-Screen" Reporting Due \| January 22, 2008 This Alert updates Zephyr's May 23, 2007 Alert regarding The U.S. Department of Homeland Security (DHS) Chemical Facility Anti-Terrorism Standards (CFATS). The final list of DHS Chemicals of Interest (COI), found at Appendix A to 6 CFR 27, was published in the Federal Register on November 20, 2007 (72 FR 65395). This means that thousands of facilities across the country storing COI in quantities exceeding the screening thresholds listed in Appendix A must complete the Chemical Security Assessment Tool (CSAT) "Top-Screen" initial assessment process by January 22, 2008. (Note that many notices are incorrectly reporting January 19 as the deadline. DHS has posted January 22 as the actual deadline, as is discussed in FAQ 1240 here.) The CFATS and Appendix A can be found at here. To assist facilities with the Top-Screen process, DHS has posted a 111 page Top-Screen guidance document and a 71 page Top-Screen User Manual here. The Top-Screen process involves registering with DHS and entering the data required by the on-line tool. Afterwards, DHS will determine if a facility qualifies as a high risk chemical facility covered by the CFATS. If so, other tools, specifically the Security Vulnerability Assessment (SVA) and Site Security Plan (SSP), will be made available to satisfy additional CFATS requirements. DHS expects that the reporting burden for completing the CSAT Top-Screen will be 30.3 hours. Zephyr has expertise in CFATS at all three of our offices. For more information or assistance with completing the Top-Screen, contact Roger Brower in Columbia, MD at 410-312-7907 or rbrower@zephyrenv.com, Brett Davis in Austin at 512-879-6628 or bdavis@zephyrenv.com, or Becky Luman in Houston at 281-668-7343 or rluman@zephyrenv.com. [top] "Chemical Facility" Anti-Terrorism Rule Becomes Effective \| June 8, 2007 The U.S. Department of Homeland Security (DHS) issued an interim final rule (IFR) on April 9, 2007 (72 FR 17688) that imposes comprehensive security regulations for covered facilities. The IFR is here. If any facility, not only a chemical plant, possesses certain specified quantities of listed chemicals, the facility must complete a screening assessment called a Top-Screen within 60 days of the effective date. If the facility is determined to present a high risk, the affected facility is required to perform a security vulnerability assessment, develop a site security plan, and comply with other requirements. Facilities Affected: Any facility that possesses any of the chemicals listed in Appendix A of the IFR at or above the specified Screening Threshold Quantities must submit initial screening information. The proposed Appendix A: DHS Chemicals of Interest listed in the IFR is expected to be finalized soon. What Facilities Must Do: Register to gain access to the Chemical Security Assessment Tool (CSAT), DHS' online tool for complying with the Chemical Facility Anti-Terrorism Standards rule, and Complete and submit a CSAT Top-Screen (a consequence screening questionnaire) within 60 days of effective date (effective date as early as June 8, 2007). For more information contact Roger Brower, at 410.312.7907 or rbrower@zephyrenv.com. [top] TPDES Industrial Storm Water Permit to Expire \| August 20, 2006 The TPDES Multi Sector General Permit (MSGP), Permit No. TXR050000, issued August 20, 2001 will expire at midnight on August 20, 2006. The MSGP authorizes the discharge of storm water associated with specific industrial activities. The need for a permit is determined either by a facility's primary SIC code or by an Industrial Activity Code that is described in the MSGP. The TCEQ is proposing a renewal of the MSGP with some modifications. These modifications include among other things: Revisions to the benchmark reporting requirements; Revisions to the annual discharge monitoring report requirements; Removal of the requirement for a facility owner to sign the application; Requirement to maintain a rain gauge at the facility to determine representative storm events; Revision for alternative permit for certain quarries in Sector J; and Various changes for clarification. Facilities Affected: With the expiration of the current MSGP, regulated facilities (those with a primary SIC code that is included in Part V of the MSGP) will need to be permitted under the new MSGP when it is issued. Existing industrial facilities (those currently authorized under the TPDES permit issued August 20, 2001) may continue to operate under the provisions of that permit for 90 days after the issuance date of the renewal permit, or within 120 days if an electronic NOI is submitted. New industrial facilities (regulated facilities who are not yet authorized under the TPDES permit issued August 20, 2001) should develop and implement a storm water pollution prevention plan (SWP3) as described in the draft 2006 MSGP. These facilities must submit a NOI within 90 days after the issuance date of the renewal permit, or within 120 days if an electronic NOI is submitted. What Facilities Must Do: Existing facilities should update their SWP3 to be in compliance with the renewal permit requirements when the new MSGP is issued. New facilities should prepare and implement a SWP3 in accordance with the draft new MSGP (and update as required when the final permit is issued), and Submit either a No Exposure Certification (NEC) or a NOI under the renewal permit. The NEC or NOI must be submitted after the new MSGP is issued. Documents submitted prior to its issuance will be processed under the current MSGP and will expire on August 20th, and will have to be submitted again when the MSGP is issued. The new MSGP is on the August 9, 2006 Commissioner's agenda for approval. It is likely that the new MSGP will be approved and promulgated the following Wednesday, August 16, 2006. Once approved, implementation will follow quickly and NOI/NEC forms should be available on the TCEQ's website before the end of August. Please call or email me if you have questions or need help to comply with these new changes. [top] New DOT rule requires security plan and alters training On March 25, 2003 the Department of Transportation finalized new requirements to enhance the security of hazardous materials (HazMat) transported in the United States. Carriers and those who offer hazardous materials for shipment must develop and implement security plans by September 25, 2003, and provide affected employees with security training by December 22, 2003. Also, all shippers, carriers, and employees who are involved with HazMat must assure that their employee training program includes a security component. Who must develop a security plan? Carriers and those who offer for shipment any of the following: A quantity of HazMat that requires placarding A highway route-controlled quantity of a Class 7 (radioactive) material More than 55 pounds of a Division 1.1, 1.2, 1.2 (explosive) material More than one liter per package of a material that is poisonous by inhalation A shipment of bulk packaged HazMat having a capacity equal to or greater than 3,500 gallons for liquids or gases or 468 cubic feet for solids A shipment of 5,000 pounds gross weight or more of non-bulk packaged HazMat belonging to one class within which placarding is required A select agent or toxin regulated by the Centers for Disease Control and Prevention Essentially anyone who transports or offers for transport HazMat requiring placards (typically more than 1,001 pounds), must develop a security plan What should be included in the security plan? At a minimum the written security plan must include the following elements: Personnel security: measures to confirm information provided (references, employment history, immigration status) by job applicants hired for positions that involve access to HazMat. Unauthorized access: Measures to address the risk that unauthorized personnel may gain access to hazardous materials or vehicles that transport HazMat. En route security: Measures to address security risk of HazMat shipments from point of origin to destination. Training requirements include: Employers who must implement a security plan must provide all HazMat employees with in depth training on the plan by December 22, 2003, and all HazMat new and recurrent training must include a security element. All HazMat employees must receive security training during their next scheduled three years recurrent training. Zephyr will help you with your DOT training and security plan Contact Kiley Taylor at 512.329.5544 or ktaylor@zephyrenv.com to learn how we can develop your security plans and train your employees on the DOT rule requirements. [top] Not Subject to Texas Title V? Think Again! Hundreds of sources in Texas may need to certify their emissions in a direct submittal to the Texas Commission on Environmental Quality (TCEQ) to stay out of the State's Title V program. And these new certifications are due to the TCEQ by February 3rd, 2003. Responding to EPA's review of the Texas Federal Operating Permit (FOP) Program, the TCEQ is now alerting the regulated community that many sites heretofore considered "minor" and not requiring permits under Title V of the Clean Air Act, may not have a clear claim to "minor" source status. The consequences to a source whose potential to emit exceeds the Title V threshold is this: if it doesn't submit an acceptable emissions certification to the TCEQ, it could be cited for operating without FOP permit and enforcement actions could be taken against it. The TCEQ asserts that limitations on emissions and operating schedules and commitments to emissions controls established under standard permits and under exemptions and permits by rule (PBRs) filed with PI-7s are not recognized by EPA as federally enforceable limits on a source's potential to emit (PTE). Instead, the EPA only recognizes limits established through the TCEQ's New Source Review (NSR) permits or through certain emissions certifications recognized by EPA as being federally enforceable. Consequently, if the physical and operational design of a source operating under an exemption or Permit by Rule could allow it to exceed the Title V triggering threshold, even though a Form PI-7 has been submitted, such sources would be considered Title V Major. TCEQ states that such sources should certify their emissions through one of several mechanisms, including the formal submittal to the Agency of a Form PI-8, a Form OP-CRE1, or a Form OP-CRE2, as appropriate. The Agency states that such certifications should be submitted by February 3, 2003. The attached guidance has been drafted by the TCEQ and provides more information about this subject. In addition, newly revised Chapter 106.6(e) of the TCEQ's air quality rules codifies the February 3rd date for submitting the certified registrations. Zephyr is ready to assist you in responding to this reporting requirement. Even if you miss the February 3rd date, it's not too late to firmly establish your potential to emit. For more information, please contact David Cabe at 512.329.5544 or Shahjabeen Hanif at 713.977.8787. [top] EPA's new Spill Pollution, Control and Countermeasures rules EPA has significantly revised its Spill Prevention, Control and Countermeasures (SPCC) rule that applies to owners or operators who use oil in quantities that may be harmful to navigable waters or adjoining shorelines. These revisions, effective August 16, 2002, may also affect whether your facility must prepare and maintain a Facility Response Plan (FRP) and the calculation of worst-case discharge planning levels. If your current plans require an amendment to conform to the new rule, these plans must be amended no later than February 17, 2003 and implemented no later than August 18, 2003. In some cases, your facility may not meet the storage capacity thresholds for the substantial harm criteria. In other cases, you must have an FRP, but you may be able to revise the calculations for worst-case discharge planning levels. What has changed? The SPCC regulation first became effective on January 10, 1974, under the Clean Water Act (CWA), and applies to owners or operators of facilities who drill, produce, gather, store, use, process, refine, transfer, distribute, or consume oil and oil products. These latest revisions, however, clarify applicability to owners or operators who use oil in quantities that may be harmful. The revisions also track the scope of the rule to conform to the expanded jurisdiction of the amended CWA. Generally of concern are waters affecting certain natural resources of the United States, both onshore and offshore. Highlights of the proposed revision include: Clarifies and expands the definition of an ?oil? as regulated under the rule Clarifies how electrical transformers are regulated by the rule Establishes a de minimis container size of 55 gallons Establishes an aboveground storage capacity threshold of more than 1,320 gallons and removes the 660 gallon ?single container? provision Revises the threshold for reporting discharges to EPA to over 42 gallons combined in 2 discharges in any 12-month period Adds new requirements for periodic integrity testing of containers, valves, and piping Requires evaluation for field-constructed aboveground containers undergoing repair, alteration, reconstruction, or change of service Requires all buried piping installed or replaced on or after August 16, 2002 to have protective wrapping and coating and cathodic protection Creates a new definition for ?container? that clarifies which oil-containing equipment is required to have secondary containment Addresses and clarifies other administrative requirements, including period of review, training, and certifications by a professional engineer Zephyr can help you amend your SPCC plan. Contact Joe Zupan at 512.329.5544 or jzupan@zephyrenv.com, for help on making revisions to your SPCC plan, including Facility Response Plans and calculating worst-case discharge planning levels. [top] EPA's TSCA Inventory Update Report Due December 23rd EPA's 2002 Toxic Substances Control Act (TSCA) 120-day reporting period begins on August 26th and ends on December 23rd, with no extensions. Through TSCA, EPA requires chemical manufacturers and importers to submit Inventory Update Reports (IUR) on their production / import volumes every four years, which thereby enables EPA?s update of its chemical inventory database. EPA used the data supplied in 1998 to set testing priorities for high volume chemicals, and has proposed amendments requiring chemical use and exposure data with the goal of developing a broader-based database of information on chemicals. This will ensure confidential business claims are well thought out, that past Confidential Business Information (CBI) claims remain valid, and it will make the chemical information more usable. Chemical manufacturers and importers must report the following on their TSCA IURs: Chemicals extracted or purified Chemicals resulting from mixing or blending Chemicals imported from foreign entities Residue streams, if sold for commercial purposes Former waste streams, if sold for commercial purposes Do you need to submit a TSCA report? Are you sure? EPA uses the data gathered during the TSCA reporting period to make human risk assessments, drive regulatory actions, restrict chemical usage, and obligate companies to provide additional information. By adopting a systematic approach, companies can mitigate their regulatory impact while improving data integrity: Identify: Thoroughly examine your processes identifying all chemical inputs and outputs, along with their sources, management, composition, commercial purpose, and production/import volumes. Qualify: The TSCA regulations allow for exemptions on four levels: Product, Chemical, Component, and Volume. Know and apply these exemptions appropriately to mitigate your reporting obligations and future regulatory impacts. Document: Document information sources, raw data, claimed exemptions, volume calculations, and any other associated data. In addition to your regulatory obligation to maintain proper documentation, it is vital to preparing subsequent reports and providing data consistency. Zephyr can help you with your TSCA report. Contact Kimberly Brandt at 512.329.5544 or kbrandt@zephyrenv.com for more information on EPA's TSCA or help with your TSCA Inventory Update Report. [top] U.S. plants federally required to show terrorism preparedness Reports of new federal security requirements for industry have been prominent in US headlines since September 11th, 2001, and recently came directly from the White House. The Bush Administration plans to require 15,000 of the nation's chemical, water, and waste-treatment plants to demonstrate terrorism preparedness. Similar to the Environmental Protection Agency's Risk Management Plans, the new security program will require these facilities to assess their vulnerability to a terrorist attack and then demonstrate preparedness by fixing any problems. In addition, the American Chemistry Council has approved the new Security Code segment of its Responsible Care? Program. Under these new security requirements, any plant subscribing to the program will have six months to do a security assessment using ACC accepted methodologies and will be ranked in a three-tier system based on a plant's potential danger to the public and economy if attacked. The American Water Works Association announced June 12th its recommendations for public water systems to comply with the Public Health Security and Bioterrorism Preparedness and Response Act signed by President Bush. This Act requires the 8,000 US water utilities serving more than 3,300 people to conduct vulnerability assessments by, at earliest, March 31, 2003. Still under Senate consideration is the Chemical Security Act of 2001 which would require chemical sources, especially those considered high priority, to reduce chemical use and storage, employ inherently safer technologies, enhance existing mitigation measures, and improve security. This includes both stationary and mobile chemical sources. Assess your threat and defeat disaster with a Business Protection Program The first step toward defeating disaster is to recognize that you are your own first line of defense for protecting your employees and business. By instigating a plant-specific Business Protection Program, you will assess, plan, train, and test your own plant and employees, thereby reducing your business' risk of any emergency and minimizing potential consequences. A thorough BPP will: Assess the Threat: Your BPP should answer the following questions: How will your business respond to an act of violence? Has every precaution been taken to protect your employees? What are your business' lines of communications? Who is in charge during an emergency? Plan: At the core of any BPP is a user-friendly, updated Contingency Plan. This vital document requires identification of your business vulnerabilities, your current level of preparedness and risk, and prediction of potential impacts. Train: As your primary line of defense, all employees, from receptionists to emergency responders, need training on your BPP to effectively prevent an act of workplace violence, stop a terrorist, or even protect your business' assets. Test: Having a Contingency Plan is not enough. To ensure that your business is thoroughly prepared, you must test your plan with realistic drills and exercises that are designed to enhance your BPP. For more information, contact Kiley Taylor at ktaylor@zephyrenv.com or 512.329.5544. [top] TNRCC Commissioners rethink Houston-Galveston ozone control strategy As a result of findings from the recent Texas Air Quality Study 2000 (TexAQS 2000), TNRCC is rethinking its ozone control strategy for the Houston-Galveston nonattainment area. Work done under the TexAQS 2000 has dramatically increased the understanding of Houston-Galveston area ozone pre-cursor sources, transport, formation, and predictive capabilities. Based on these developments, the TNRCC may require your Houston-Galveston facility to control more volatile organic compound (VOC) emissions and may amend the current requirements for controlling emissions of nitrogen oxides (NOX). These findings could affect your Houston-Galveston facility TNRCC Commissioners provided written findings regarding ozone formation in the Houston-Galveston nonattainment area at the February 28, 2002 work session. Coupled with a memo released from the TNRCC Office of Environmental Policy, Analysis, and Assessment, these studies presented the following: Industrial source dominated areas, such as the Ship Channel, contribute substantially to high ozone concentrations and seem to form ozone plumes more efficiently than in other urban areas. High concentrations of highly-reactive hydrocarbons, particularly low molecular weight alkenes (olefins), in the presence of NOx are the primary cause of rapid ozone formation. Industrial reactive hydrocarbons are underestimated in emissions inventories by factors of 3-10 times, suggesting that current emission inventory data will not lead to accurate estimates of ozone production in industrial plumes. In particular, ethylene, propylene, butylenes, and 1,3-butadiene have a significant role in the formation of high ozone in the Houston-Galveston area and were found to be under-reported. Flares, wastewater units, fugitive leaks, upset emissions, and maintenance/start-up/shut-down (MSS) emissions were identified as needing further evaluation for the TNRCC emission inventory. Chlorine sources appear to accelerate the formation of nearby ozone and may require further assessment. The Galveston Bay sea breeze was found to contribute significantly to the accumulation and recirculation of ozone precursors in Houston. The current models employed by the TNRCC are adequate to predict the main features of ozone formation from industrial plumes. The TNRCC has decided that various combinations of industrial point source NOX and highly-reactive VOC reductions can achieve the same level of ozone reductions as the 90% industrial point source NOX emission reductions currently planned in the State Implementation Plan (SIP). The Agency has begun modeling to determine the appropriate levels of reactive VOC-NOX reductions that will be required of Houston-Galveston facilities. Due to the lawsuit filed against the TNRCC by the Business Coalition for Clean Air (BCCA) Appeal Group, the Commission has until June 1, 2002, to propose a modified emissions control strategy. For more information, contact Dick Smullen at rsmullen@zephyrenv.com or 512.329.5544. [top] EPA sets interim air toxic standards for hazardous waste combustors After a two-year debate with the United States Court of Appeals for the District of Columbia (the Court), EPA has issued interim standards to control emissions of hazardous air pollutants from incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous wastes. These standards, which are expected to make compliance easier for business and states while still achieving significant emission reductions, will regulate emissions of dioxins and furans, mercury, toxic metals, and other hazardous air pollutants. All hazardous waste combustors must comply with these interim standards by September 20, 2003. They will be in effect until EPA issues replacement standards that satisfy the Court. The replacement standards must bepromulgated by June 14, 2005. Why change the standard and will the change affect your facility? With a goal of protecting human health and the environment, EPA originally issued standards based on the performance of Maximum Achievable Control Technology (MACT), and the implemented section 112(d) of the Clean Air Act on September 30, 1999. It was forced to turn these standards over for judicial review after industrial and environmental parties challenged the emission standards and several implementation provisions. The Court vacated the emission standards on July 24, 2001. On October 19, 2001, EPA and other parties jointly petitioned the Court to stay the issuance of its mandate for four months to allow EPA time to develop interim standards. The Court granted this motion. The newly issued interim standards are a result of this collaboration. In addition to preserving the most critical elements of the original standards, they also avoid the need to develop requirements for facilities on a site-by-site basis, as would be required by the Clean Air Act. These amendments do not change the numerical emission standards, but rather focus on improvements to their implementation, primarily in the areas of compliance, testing and monitoring. A related final rule establishing interim emission standards was published in the Federal Register on February 13, 2002. Goodbye RCRA, hello MACT? Under certain conditions, units with documented MACT compliance may request that duplicative RCRA conditions be removed from the RCRA permit. However, the source must comply with one of the three options to minimize emissions during start up and shut down. For more information, contact Betty Moore at bmoore@zephyrenv.com or 512.329.5544. [top] New requirements for analytical sample test reports Under the aegis of the Texas Risk Reduction Program (TRRP), the TNRCC staff has been developing guidance that clarifies new requirements for analytical sample test reports. One significant new guideline states that "....unless otherwise specified by the project objectives, all analytical results should be reported on a dry weight basis for soil and sediment samples with the percent solids (or percent moisture) also reported on the test reports to allow back calculation of the result on a wet weight basis." This requirement may be new to some members of the regulated community and to analytical laboratories, many of whom have reported results on an "as received" basis. Significantly, concentrations reported on a wet weight basis may yield higher values than concentrations reported on an "as received" basis. This new guidance will be available at the TNRCC web site soon in a guidance document entitled "TRRP 13: Review and Reporting of Analytical Data". For more information, contact Joe Zupan at jzupan@zephyrenv.com or 512.329.5544. [top] TNRCC outlining compliance ranking system for your Texas facility The Texas Natural Resource Conservation Commission (TNRCC) recently released a concept paper describing its system for ranking and classifying all Texas facilities based on multi-media compliance history. Under this system, points will be assigned and plugged into a formula to determine your facility's compliance ranking. People affected by this policy will be those seeking TNRCC decisions related to: permitting and enforcement actions, announced inspections, and facilities participating in innovative programs. A database of all facility ratings will be available to the public on the TNRCC's web page. If rulemaking proceeds as scheduled, the TNRCC will begin using this system in its decision-making processes by September 1, 2002. What will count toward your compliance history? Any and all environmental regulation violations will be considered in your facility's classification. For example, chronic excess emission events, enforcement orders, court judgments, consent decrees, and criminal convictions relating to multi-media compliance with any state's environmental laws, would negatively apply toward your facility's history. On the positive side, actions such as achieving early compliance and the use of environmental audits and community outreach programs can help you improve your facility's rating. Still under debate is whether EPA will allow the TNRCC to apply an approved Environmental Management System (EMS) toward an improved facility ranking. Zephyr will follow the outcome of this debate as well as all other issues related to the ranking system at future stakeholders meetings. Zephyr can help keep you current on this issue. Zephyr's team has been helping clients with compliance issues for 30 years and we are closely tracking this rulemaking on behalf of our clients. You may follow this alert at www.zephyrenv.com or contact Celeste Wiley at 512.329.5544 or cwiley@zephyrenv.com for assistance in implementing a proactive plan for managing your compliance issues. [top] Your plant may be affected by Maryland's loss of permitting authority As of December 1, 2001, Maryland's Department of the Environment will lose the authority to issue Part 70 Operating Permits under Title V of the Clean Air Act. If your plant is defined as a major source and you do not have a Part 70 permit by this date, you must submit a Part 71 permit application, using Federal forms, by May 31, 2002. Failure to do so could result in the loss of your application shield, at which point you could be cited for operating without a permit. EPA and MDE are completing an agreement through which EPA will delegate much of its Part 71 authority to MDE. With a few key differences, the program will resemble the existing Part 70 program. If your existing Part 70 permit application is up-to-date, the conversion to a Part 71 application may simply require attaching your current application to the new forms. However, if you have made changes at your plant that are not reflected in your Part 70 application, you will have to: Update the information that will go into the Part 71 permit application, Include provisions for compliance assurance monitoring (CAM) to demonstrate ongoing compliance with every applicable requirement listed in your permit, and Complete the Federal Part 71 forms. EPA compliance oversight will increase substantially Permit review: Historically, EPA has reviewed about half of the operating permit applications issued by MDE. Under the Part 71 program, the EPA will review every application. Enforcement: EPA will conduct approximately 30 multi-day investigations of Maryland plants in the next year. In addition to assessing the compliance of your plant with current permit requirements, EPA will be assessing past New Source Review compliance by analyzing historic permitting and capital expense records. Zephyr can help you keep your plant in compliance Zephyr's compliance team has been helping clients with their NSR concerns since 1975 and was representing Industry on Title V and CAM issues long before these programs were implemented. Contact Julian Levy at 410.312.7900 or jlevy@zephyrenv.com to find out how Zephyr's team can help you complete your Part 71 permit application, or prepare or respond to an EPA oversight review. [top] Fortify your defenses against terrorism We've all been painfully reminded that, whether random or premeditated, natural or man-made, disasters are a real threat to business. Only a small percentage of businesses actively prepare for minor emergencies, much less worst-case scenarios involving violent acts. For years, Zephyr has helped our clients develop disaster preparedness programs and we can help you, too. Start by recognizing that you are your own first line of defense for protecting your employees and business. By assessing, planning, training, and testing your own Business Protection Program (BPP), you can reduce your business' risk of any emergency and minimize potential consequences. Defeat disaster with your Business Protection Plan Assessing the Threat Your BPP should answer the following questions: How will your business respond to an act of violence? Has every precaution been taken to protect your employees? What are your business' lines of communications? Who is in charge during an emergency? Planning At the core of any BPP is a user-friendly Contingency Plan. This vital document requires identification of your business vulnerabilities, your current level of preparedness and risk, and prediction of potential impacts. Existing plans need to be reviewed and updated to address any changes within the organization and should include hazard-specific response guides, including workplace violence and terrorist threats. Training Informed and vigilant employees are often the only effective way to prevent an act of workplace violence, stop a terrorist, or even protect your business' assets. As your primary line of defense, all employees, from receptionists to emergency responders, need training to identify suspicious packages and recognize the warning signs of workplace violence. They must be educated on the contents and workings of your Contingency Plan, communication procedures, and the location and use of emergency equipment. Testing Having a Contingency Plan is not enough. To ensure that your business is thoroughly prepared, you must test your plan with realistic drills and exercises that are designed to enhance your BPP. Find our how Zephyr can help you educate your employees: Contact Kiley Taylor at 512.329.5544 or ktaylor@zephyrenv.com. We can update, develop, and test your BPP and customize emergency response training courses for your business. Visit www.zephyrenv.com/serv.ims-terrorism to learn more about Zephyr's Incident Management Services' focus on terrorism. [top] Storm water permits in Texas The Texas Natural Resource Conservation Commission formally signed the much anticipated Texas Pollutant Discharge Elimination System (TPDES) General permit on August 20, 2001. It is issued and effective on that date. The permit covers eligible storm water and certain non-storm water discharges from industrial facilities, and was initially approved on Wednesday, May 23, 2001. Facilities that were covered under the 1995 National Pollutant Discharge Elimination System (NPDES) permit have 90 days from the issuance date to submit their Notice of Intent (NOI) for permit coverage. This 90-day period expires on Monday, November 19, 2001. All other facilities must prepare and implement a storm water pollution prevention plan and submit an NOI as soon as possible. Some of the changes in the TNRCC's MSGP include: Increased monitoring for some industrial categories (i.e., benchmark monitoring) A permitting fee Requirements for reporting non-compliance sampling units Inspector's emphasis on inclusion of secondary SIC codes for collocated facilities and activities Increased inspection requirements A copy of the final MSGP, the response to public comments, the Notice of Intent, and all other related forms will be posted on the TNRCC Storm Water web-site at www.tnrcc.state.tx.us. For more information or help with your storm water and non-storm water discharge permits, please contact Dave Sorrells at 512.329.5544 or dsorrells@zephyrenv.com. [top] Lowered Thresholds for TRI Form R Reports are due July 1, 2001. This is the first year that Toxic Release Inventory (TRI) Form R reports must reflect the lower use thresholds for persistent, bioaccumulative, and toxic chemicals (PBTs). You may be unknowingly manufacturing PBTs above the new lower thresholds. Starting with the 2001 reporting year, the activity threshold for lead and lead compounds is 100 pounds per year. Keep this in mind as you compile your 2001 records! To review the new thresholds and determine if your facility's activities are affected, refer to Zephyr's TRI Information Card in PDF format. For more information on the new thresholds or for help with your TRI submittal, please contact Elena Rivera at 512.329.5544 or erivera@zephryenv.com. [top]

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