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, complete our online form or call 1.800.452.5558.

The following Alerts were recently emailed to Zephyr clients:

• NetDMR - New On-Line Reporting at TCEQ (June 4, 2009)
• Toxic Release Inventory (TRI) Annual Reporting and Texas Pollution Prevention (P2) Annual Reporting (May 4, 2009)
• EPA Risk Management Plan Update Due June 21, 2009 (April 22, 2009)
• EPA Proposes Greenhouse Gas Reporting Rule (April 2, 2009)
• EPA Finalizes Amendments to SPCC Rule – Alert for Oil & Gas Facilities (February 5, 2009)
• EPA Finalizes Amendments to SPCC Rule – General Industry Alert (February 5, 2009)
• Edwards Aquifer Authority NEW Rule (§ 713, Subchapter F) (February 5, 2009)
• EPCRA Amendments (January 27, 2009)

[Please visit our alerts archived alerts.]

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

Toxic Release Inventory (TRI) Annual Reporting and Texas Pollution (P2) Annual Reporting
(May 4, 2009)

EPA Risk Management Plan Update Due June 21, 2009
(April 22, 2009)

The Environmental Protection Agency's (EPA) Risk Management Plan (RMP) rule will mark its 10th anniversary in June 2009. The rule requires submission of an updated RMP when certain changes at the facility occur, but no less often than every five years. Facilities that have not submitted an updated RMP within the past five years are due to submit an updated RMP by June 21, 2009.

What needs to be updated in an RMP?
All of the standard RMP sections (i.e., executive summary, facility registration information, off-site consequence analysis, five-year accident history, prevention program and emergency response program) need to be revised as appropriate in a re-submission to the EPA. In particular, it is important that current information is used and reported for certain program elements:

• The latest census data must be used in the offsite consequence analysis.
• Process hazard analyses must be revalidated at least every five years.
• Operator refresher training must occur at least every three years.
• Programs must be audited at least every three years.

If you have questions or would like assistance in complying with these changes, please contact Ms. Bonnie Blam, CSP, at 512-579-3817 or bblam@zephyrenv.com.

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EPA Proposes Greenhouse Gas Reporting Rule
(April 2, 2009)

For the purpose of having accurate emissions data to inform future policy decisions, the U.S. Environmental Protection Agency (EPA) released a pre-publication draft of a rule that would require mandatory reporting of greenhouse gas (GHG) emissions. In general, EPA proposes that suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons carbon dioxide equivalent or more per year of GHG emissions submit annual reports to EPA. The proposed rule would require reporting of 2010 emissions by March 31, 2011. If this timeline holds, facilities must understand reporting obligations and establish monitoring and reporting systems by the end of 2009.

The gases covered by the proposed rule are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), sulfur hexafluoride (SF6), and other fluorinated gases including nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFE). (The carbon dioxide equivalence of these gases ranges from 1 to greater than 20,000.) Once the proposed rule is published in the Federal Register, which is expected to be soon, there will be a 60-day comment period.

Zephyr is available to assist clients comprehend and respond to the implications of this rule. In the near term, we can assist companies with applicability assessments and provide rule reviews to identify specific impacts of the rule. We can also assist with the preparation of appropriate comments to EPA, which can be submitted anonymously on your behalf by Zephyr if desired. Once the final rule is promulgated, we can assist clients with developing strategies to achieve and maintain non-applicability or for compliance, creating GHG data gathering and management systems, designing leak detection programs, reporting, and/or helping you meet other obligations prompted by the rule.

For additional information, contact Paul Little at 281-668-7347 or plittle@zephyrenv.com. Further information is also posted at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

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EPA Finalizes Amendments to SPCC Rule - Alert for Oil & Gas Facilities
(February 5, 2009)

Spill Prevention Control and Countermeasures Rule - Final Amendments
On November 28 and December 5, 2008, the Environmental Protection Agency (EPA) finalized additional amendments to the Oil Pollution Prevention regulation at 40 CFR 112 (72 FR 71941 and 74236, respectively), commonly referred to as the SPCC Rule. The SPCC Rule contains requirements for prevention, preparedness, and response to oil releases for regulated facilities. Key changes affecting industry and specifically onshore oil production facilities are summarized below:

• ”Navigable waters” was redefined, returning to the less stringent definition promulgated in 1973;

• Some non-transportation related tank trucks were exempted from complying with sized secondary containment requirements; 

• “Tier I” and “Tier II” qualified facilities were defined and amendments were included that allow for the use of a SPCC Plan template for Tier I facilities (i.e., those that meet the current qualified facility eligibility criteria and have no individual oil storage container with a capacity greater than 5,000 gallons);

• The facility security requirements were amended to allow the facility owner/operator to tailor security measures to the facility’s specific characteristics and location;

• Integrity testing requirements for bulk storage containers were amended to allow greater flexibility in the use of industry standards at all facilities;

• The facility diagram requirement was amended to clarify how containers (fixed and mobile) and complex piping/transfer areas are identified on the facility diagram; and

• The definition of ‘‘loading/unloading rack’’ was amended to clarify the applicability of SPCC requirements for facility tank car and tank truck loading/unloading rack to regulated facilities.

Key changes specific to onshore oil production facilities include:

• The definition of production facility was modified, providing flexibility;

• The timeframe by which a new oil production facility must prepare and implement a SPCC Plan was extended;

• Alternative criteria for certain marginal well oil production facilities were established to be eligible to self-certify a SPCC Plan as a qualified facility;

• Certain produced water containers and any associated piping and appurtenances downstream from the container were exempted from SPCC requirements, when certified by a Professional Engineer as not containing oil in harmful quantities;

• Production facilities were exempted from loading rack requirements;

• Provides an alternative option for flow-through process vessels to comply with the general secondary containment requirement and additional oil spill prevention measures in lieu of sized secondary containment requirements;

• Certain intra-facility gathering lines subject to the U.S. Department of Transportation’s pipeline regulations were exempted from SPCC requirements;

• An alternative to secondary containment requirements was provided for flowlines and intra-facility gathering lines, by establishing more specific requirements for a flowline/intra-facility gathering line maintenance program and contingency planning; and

• The definition of “permanently closed” for production facility tanks was revised.

If you have questions or would like assistance in complying with these changes, please contact Mr. David Sorrells, P.E. at 512-879-6626 or dsorrells@zephyrenv.com.

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EPA Finalizes Amendments to SPCC Rule – General Industry Alert
(February 5, 2009)

Spill Prevention Control and Countermeasures Rule - Final Amendments
On November 28 and December 5, 2008, the Environmental Protection Agency (EPA) finalized additional amendments to the Oil Pollution Prevention regulation at 40 CFR 112 (72 FR 71941 and 74236, respectively), commonly referred to as the SPCC Rule. The SPCC Rule contains requirements for prevention, preparedness, and response to oil releases at regulated facilities. 

The November 28 amendment vacates the July 17, 2002, definition of “navigable waters” and restores the definition of “navigable waters” that EPA promulgated in 1973 for SPCC Plans. This has the effect of returning to a less stringent definition of what is classified as “navigable waters” that may reduce the number of facilities subject to the SPCC rule. This final rule does not amend the definition of “navigable waters” in any other regulation that EPA has promulgated. This final rule became effective on November 26, 2008.

The December 5 amendments exempt from the applicability of the SPCC Rule hot-mix asphalt and hot-mix asphalt containers, pesticide application equipment and related mix containers, intra-facility gathering lines subject to U.S. Department of Transportation’s pipeline regulations; and produced water containers that do not contain oil in harmful quantities of oil (Note: a PE certification will be required for the produced water applicability determination).

In addition, the December 5 amendments provide clarity to certain SPCC Plan requirements, revise requirements for particular industry sectors, and streamline requirements for some regulated facilities. Key changes affecting industry are as follows:

• The definition of facility was amended giving the owner / operator discretion in deciding which properties, buildings, parcels, leases, structures, installations, pipes, or pipelines make up the facility, and clarifying that this definition alone governs applicability of 40 CFR 112.

• Some non-transportation related tank trucks were exempted from complying with sized secondary containment requirements.

• “Tier I” and “Tier II” qualified facilities were defined and amendments were included that allow for the use of a SPCC Plan template for Tier I facilities (i.e., those that meet the current qualified facility eligibility criteria and have no individual oil storage container with a capacity greater than 5,000 gallons).

• The facility security requirements were amended to allow the facility owner/operator to tailor security measures to the facility’s specific characteristics and location.

• Integrity testing requirements for bulk storage containers were amended to allow greater flexibility in the use of industry standards at all facilities.

• The facility diagram requirement was amended to clarify how containers (fixed and mobile) and complex piping/transfer areas are identified on the facility diagram.

• The definition of ‘‘loading/unloading rack’’ was amended to clarify the applicability of SPCC requirements for facility tank car and tank truck loading/unloading rack to regulated facilities.

• Additional amendments were made specific to onshore oil production facilities.

If you have questions or would like assistance in complying with these changes, please contact Ms. Robin Cosgrove, P.E. at 512-879-6623 or rcosgrove@zephyrenv.com.

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Edwards Aquifer Authority NEW Rule (§ 713, Subchapter F)
(February 5, 2009)