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 and water quality, waste issues, incident management, and workplace and community safety.

To receive free zephyr alerts by mail, alerts @ zephyrenv.com or call 512.329.5544.

Please visit our alerts archive for pre-2003 alerts.

EPA's Risk Management Plan updates due June 21, 2004

Texas Title V General Operating Permit (GOP) Holders Subject to TCEQ Proposed Changes

Texas Facilities Subject to New HRVOC Rules

Fiberglass and plastic composite producers subject to EPA's new hazardous air pollutant rule

New DOT rule requires security plan and alters training

Not Subject to Title V? Think Again!

EPA Announces Changes (Improvements?) to the NSR Program

EPA's new Spill Prevention, Control and Countermeasures rules

EPA's TSCA Inventory Update Report Due December 23rd

New life for NSR reform

U.S. plants federally required to show terrorism preparedness

MACT Hammer strikes a glancing blow

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.

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. .

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.

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.

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 CareŇ 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:

  • 1. 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?
  • 2. 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.
  • 3. 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.
  • 4. 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.