Coal ash, also known as coal combustion residuals, is the material left over from the combustion of coal, and includes fly ash, bottom ash, boiler slug, and flue gas desulfurization materials. Two land methods are commonly used by industry to disposal of coal ash:  landfilling as a solid or sending the coal ash as slurry to large surface impoundments. Tests show that ash leachate contains heavy metals that can threaten drinking water sources if released from waste management units with inadequate liner systems.

On May 4, EPA proposed national rules for disposal and management of ash from coal-fired power plants operated by electric utilities and independent power producers - the first time EPA has proposed rules for coal ash disposal. These proposed rules have now been published in the June 21, 2010 Federal Register at http://edocket.access.gpo.gov/2010/pdf/2010-12286.pdf. If these rules are adopted, all existing surface impoundments without composite liners would have to be retrofitted with composite liners within five years or be closed. A groundwater monitoring system would also be required for existing surface impoundments.  New and replacement landfills, lateral expansions of existing landfills, and new surface impoundments would be required to have composite liners, groundwater monitoring systems, as well as closure and post-closure care plans. Under these new rules, dam safety requirements would be established to address the structural integrity of surface impoundments to prevent catastrophic releases.

EPA's proposed rules contain two options for coal ash management under RCRA. The first option is to regulate coal ash under Subtitle C as a listed special waste. Coal ash disposal would be regulated from generation to closure of disposal units. Coal ash treatment, storage, and disposal facilities would have to be permitted under Subtitle C. The second option under consideration involves regulating coal ash disposal under RCRA Subtitle D as a non-hazardous solid waste at the state level; national criteria for disposal of coal ash would be established.

Zephyr recognizes the impact these proposed regulations will have on coal-fired electric utilities and independent power producers and is closely monitoring this regulatory action. If you have questions regarding the proposed rules, would like us to comment on your behalf, or would like assistance in evaluating the impact on your operations, please contact Paul Moore, P.G. at 512-879-6642 or pmoore@zephyrenv.com or Betty Moore, P.G. at 512-879-6622 or bmoore@zephyrenv.com.

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The TCEQ is hosting public meetings* throughout the state to take comment on EPA’s recently proposed modification to the ozone nonattainment threshold and the corresponding changes to nonattainment boundaries and designations. Even at the high end of EPA’s proposed ambient ozone standard range of 60 to 70 parts per billion, 20 counties in Texas, including Bexar, El Paso, Gregg, McLennan, Smith, and Travis, and possibly some adjoining counties such as Comal, Hays, and Williamson, will likely be designated as not attaining the standard.

For existing and planned major sources in these counties, this designation raises the specter of nonattainment new source review (NNSR). TCEQ clearly stated in a meeting with stakeholders on June 15 that, upon formal designation by the EPA in the Federal Register, which is expected to occur on August 31, 2011, all air permit applications and amendments, including those in process at the time of designation, must undergo NNSR. Since it is likely that the newly designated nonattainment counties will be classified as marginal or moderate with respect to ozone nonattainment, the major source thresholds for VOC and NOX will remain 100 tons per year and the major modification thresholds for NNSR for VOC and NOX will be 40 tons per year.

Whether you are planning a new major project or envisioning a major modification at an existing major source in a newly nonattainment county, you would have to meet significant new permitting requirements if EPA meets its nonattainment designation schedule. These requirements include the application of lowest achievable control technology (LAER) and the securing or purchasing of emissions offsets for VOC and NOX. Projects for which permits are issued by the formal EPA designation date, however, will not be subject to these additional NNSR requirements.

If you have any questions about the information above or for an assessment of the pre-designation permit submittal option, which might be of particular interest to facilities with actual emissions well below permit allowables, contact Brett Davis, PE at 512-879-6628 or bdavis@zephyrenv.com.

* The schedule for future TCEQ public meetings on this topic, in Victoria, Corpus Christi, El Paso, Alpine, Longview, and Harlingen, can be found at
http://www.tceq.state.tx.us/comm_exec/communication/media/052610OzoneMeetings.

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The U.S. Environmental Protection Agency (EPA) has finalized a rule that requires mandatory reporting of greenhouse gas (GHG) emissions by thousands of emission sources and suppliers. The rule was proposed on April 10 (refer to Zephyr Alert dated April 2). Annual reports must be submitted by facilities that emit 25,000 metric tons per year or more of carbon dioxide equivalent (CO2e) GHG emissions, suppliers of fossil fuels and industrial greenhouse gases, and manufacturers of vehicles and engines. Facilities with the capacity to combust 30 million Btu/hr or more of fuel will need to determine whether they emit 25,000 metric tons per year of CO2e.

The rule contains detailed requirements for determination of GHG emissions, including quality-assured measuring devices and documentation of monitoring procedures. Many sources will need to install or upgrade measuring devices to comply with these requirements. GHG emissions data collection must start on January 1, 2010, which leaves little time to assess and achieve compliance. Compliance extensions beyond April 1, 2010 will only be approved by the EPA if it is not reasonably feasible to acquire, install and operate a required piece of monitoring equipment by that date.

Zephyr is available to help clients comply with this rule. We can identify emission sources that are covered by the rule, assess measuring devices for conformance with quality assurance requirements, and assist with preparation of a documented Monitoring Plan. If compliance with monitoring requirements cannot be achieved by the rule deadline, Zephyr can assist with any request to the EPA for compliance extension.

For additional information, contact David Mahler at 410-312-7909 or dmahler@zephyrenv.com. Further information is also posted at
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

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NetDMR - New On-Line Reporting at TCEQ
(June 4, 2009)

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.

Remember, the Omnibus Appropriations Act of 2009, signed into law by President Obama on March 11, 2009, restores the more comprehensive TRI reporting requirements that were in effect for RY2005. As a result, Form A submittals may only be used for non-PBT chemicals if 1) 500 pounds or less of the chemical is released, and 2) it is manufactured, processed, or otherwise used in an amount less than one million pounds.

Facilities Affected:
TRI Reporters (EPCRA Section 313):

• Facilities that manufacture, 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);

• Facilities in Texas who are classified as a Small Quantity Generator of hazardous waste (one who generates ≥220 lbs, ≤2,200 lbs per month of 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, PE, at 512-879-6623 or rcosgrove@zephyrenv.com, or Kimberly Brandt, at 512-879-6641 or kbrandt@zephyrenv.com.

July 1st is only two months away!

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The Edwards Aquifer Authority (EAA) has adopted a new rule (effective March 21, 2008) that requires facilities that store regulated substances on the aquifer’s recharge zone and adjoining parts of the contributing zone to take pre-emptive measures to minimize the impact of spill incidents in the event they should occur.

Facilities Affected:
Facilities located on the recharge zone and within five miles up-gradient of the recharge zone who store for resale or other non-residential use an aggregate quantity of more than 10,000 pounds or 1,000 gallons of regulated substances are regulated under this new rule. Regulated substances stored in USTs, ASTs or containers greater than 55 gallons do not have to be counted, as these are regulated under § 713, Subchapter G.

If you are not sure if your facility is affected by the new rule, you can contact Zephyr Environmental Corporation (Zephyr) or the EAA directly at 1-800-292-1047 for help to determine if your Facility is regulated by the new rule.

What Affected Facilities Must Do:

• Immediately submit a completed registration form to the Authority Docket Clerk. For a new facility, the completed registration must be submitted within 180 days after commencement of operations.

• Prepare the required Spill Prevention and Response Plan (SPRP). A SPRP is a comprehensive plan (that must be certified by a Professional Engineer) which describes facility-specific information related to the storage of regulated substances and the controls used to prevent impact to the aquifer.

As this is a new rule, the EAA is currently in the “friendly mode” of working with affected facility owners to bring their facilities into compliance, so now is a great time to get your facility into compliance with the new rule!

Zephyr is qualified to answer your questions and/or to provide assistance in complying with these new requirements. We have a working relationship with the EAA and can help you understand the new rule and prepare the required SPRP. Please contact Robin Cosgrove, P.E. at 512-329-6623, or rcosgrove@zephyrenv.com, if you have any questions or would like assistance with these requirements.

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On November 3, 2008 (73 FR 65451), EPA revised the EPCRA Emergency Planning (Section 302), Emergency Release Notification (Section 304), and Hazardous Chemical Reporting (Sections 311 and 312) rules. These changes included a complete re-write of the regulations at 40 CFR 355 and 40 CFR 370 in a plain language/question and answer format, minor rule revisions, clarification of how to report hazardous chemicals in mixtures, and changes to the Tier I and Tier II forms.

The revisions became effective December 3, 2008, and affect facilities subject to chemical inventory reporting (Tier 1 or Tier II reporting), those storing extremely hazardous substances (EHS) in excess of threshold planning quantities (TPQs), and those experiencing a release of an EHS or CERCLA Hazardous Substance in excess of reportable quantities.

Key changes to these rules include the following:

• Codifies certain existing policies and interpretations in 40 CFR 355 and 370.
• Provides a comparison of EPCRA emergency release notification reporting requirements vs. CERCLA release notification requirements (see 40 CFR 355.60).
• Provides a specific deadline of 30 days for facilities to notify the LEPC of any changes occurring at the facility that may be relevant to emergency planning (e.g., the addition or removal of EHSs from the facility at quantities exceeding TPQs). Previously, facilities were required to report such changes to the LEPC, but there was no imposed deadline.
• Reconfirms the definition of the term ‘‘facility’’ to include subsurface structures with definite boundaries, and does not include oil and gas deposits.
• Re-organizes and re-numbers all the sections in 40 CFR 355 and 40 CFR 370 and includes tables to improve the clarity and understanding of certain reporting requirements. A definitions section will remain at the end of both 40 CFR 355 and 370, and will be consistent with each other.
• Removes the Tier I and II inventory forms and instructions from 40 CFR 370, Subpart D, as well as including some minor changes to the forms and instructions.
• Clarifies the reporting of mixtures containing hazardous chemical components, including both extremely hazardous substances (EHSs) and non-EHSs under 40 CFR 370.
• • Clarifies that when determining the total quantity of an EHS present at a facility, the quantity present in a mixture must be included even if the total quantity of that particular mixture is also being counted toward the threshold level for that mixture.
• • Clarifies reporting requirements for non-EHS hazardous chemicals in mixtures; specifically, adding a provision to determine if the reporting threshold has been met or exceeded for mixtures that contain non-EHS hazardous chemical components. Once it is determined that the reporting threshold is met or exceeded for either the non-EHS hazardous chemical component or the mixture, the facility may report the quantity of the non-EHS hazardous chemical component or the mixture itself.
• Requires the implementation of all sections of EPCRA by Indian Tribes on Indian lands.

Reminder: Inventory forms will continue to be due by March 1st of each year. If you have questions or would like assistance in complying with these changes, please contact Rebecca Luman at 281-668-7343 or rluman@zephyrenv.com, or Bonnie Blam at 512-579-3817 or bblam@zephyrenv.com.