| Will the CAIR Vacatur be Overturned? |
 On September 24, 2008, U.S. EPA petitioned the U.S. Court of Appeals for the D.C. Circuit for a Panel rehearing or en banc rehearing of the Court's July 11, 2008 decision to vacate the Clean Air Interstate Rule (CAIR). [Click here for ALL4's article on the vacatur from August's 4 The Record.] Intervenors in the case (Environmental Defense Fund, National Resources Defense Council, U.S. Public Interest Research Group, Utility Air Regulatory Group, and the National Mining Association) also petitioned for a Panel or en banc rehearing of the decision.
In response to the petitions, on October 21, 2008 the Court ordered the Petitioners in the case to respond to U.S. EPA's petition for a Panel or en banc rehearing. Specifically, the Court requested that the Petitioners address 1) whether they were seeking vacature of CAIR and 2) whether the mandate vacating CAIR should be stayed until U.S. EPA issues a revised CAIR regulation.
The November 5, 2008 Petitioner's responses to the Court's order were varied, and each Petitioner focused on the aspects of the case that were of importance to his or her interests. The Petitioner's responses to the Court's specific requests regarding the granting of a rehearing and stay of the mandate were as follows:
- North Carolina opposed a rehearing, but supported a stay of the mandate with a short deadline for U.S. EPA to re-promulgate CAIR.
- 22 Eastern States (amici states) supported both the petition for rehearing and stay of the mandate.
- The SO2 Petitioners, with the exception of Duke Energy, opposed both a rehearing and a stay of the mandate. Duke Energy opposed a rehearing, but supported a stay of portions of the mandate (they believe the SO2 portions of CAIR should be vacated).
- Entergy and FPL Group opposed a stay, but although they did not seek vacatur of the rule, believe it is the only appropriate remedy.
- The Florida Association of Utilities (one of the NOx Petitioners) opposed both a rehearing and a stay of the mandate.
What will the Court decide? It's anybody's guess at this point. Watch for updates in future issues of 4 the Record. |
| Proposed Revisions to Pennsylvania Air Quality Permit Exemption Policy |
 The Pennsylvania Department of Environmental Protection (PADEP) is seeking comments on proposed revisions to Technical Guidance Document Number 275-2101-003 - Air Quality Permit Exemptions. The public comment period opened on November 22, 2008 and will close on December 22, 2008. The proposed revisions can be accessed here. The proposed major revisions pertain to changes to the list of determinations that have been made by PADEP regarding air permitting exemptions.
Under the proposed revisions, facility owners or operators must now submit RFD forms for certain categories of sources that were previously exempt from air quality permitting (e.g., all internal combustion engines, site-wide, with combined NOx emissions of <100 lb/hr, <1,000 lb/day, and <2.75 tons/ozone season and excluding peak shaving generators; bulk material storage bins; certain research and development activities; certain powder metal sintering furnaces; and remediation of gasoline or fuel oil contaminated soil, groundwater or surface water). In addition, several sources that were previously exempt from air permitting requirements have been removed from the exemption list including sources controlled using baghouses that vent inside of buildings.
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| How Do You Keep Up-To-Date on Changes in Environmental Regulations? |
 Let me guess. Your desktop has a stack of papers on it just like this. Tomorrow you'll get to reviewing the ever-growing stack of new proposed and promulgated regulations that may have an impact on your business. Tomorrow comes and goes....but you have to review them or you may just miss that one regulation that has a major impact on your business. What if there was a more efficient way? How about eliminating that stack all together? Click on the stack of papers to find out how.... |
| Pennsylvania Finalizes Water Resources Planning Regulations |
 On November 15, 2008, the Pennsylvania Environmental Quality Board published the final Water Resources Planning regulations under Act 220. These regulations amend the reporting requirements for water suppliers in Chapter 109 (Safe Drinking Water) and add a new Chapter 110 (Water Resources Planning) to the Pennsylvania regulations in 25 Pa. Code. The information collected under the regulations will be used in the development of the State Water Plan, which is mandated by Act 220. New Chapter 110 specifies registration, monitoring, recordkeeping, and reporting requirements that are applicable to water users in the Commonwealth. Registration requirements apply to any person (i.e., individual, partnership, association, company, corporation, municipal authority, or Federal or Commonwealth agency) that engages in any of the following activities:
- Withdraws more than 10,000 gallons of water per day from surface water or groundwater in any 30-day period.
- Obtains more than 100,000 gallons of water per day from an interconnection (such as a public water supply) in any 30-day period.
- Obtains more than 10,000 gallons of water per day from an interconnection (such as a public water supply) in a critical water planning area in any 30-day period.
All persons that are required to register must submit annual reports to the Pennsylvania Department of Environmental Protection (PADEP) by March 31 for public water supply agencies and June 30 for other water users. The reports must include the amount of water withdrawn or obtained through an interconnection, the location of each withdrawal or interconnection, the amount of water consumptively and non-consumptively used, the location(s) and amount of water returned or discharged, and the amount of water transferred between public water supply agencies through interconnections. Additional recordkeeping requirements are specified for the following specific types of water users: public water supply agencies; power generation facilities; the manufacturing industry; the mineral industry; the bulk, vended, retail, and bottled water industry; golf courses; and ski resorts.
Records of all registration and report information, including supporting data, must be kept for at least five (5) years. Monitoring requirements are applicable to public water supply agencies, hydropower facilities, persons with a total withdrawal of 50,000 gallons of water per day (average during any 30-day period), and persons that obtain 100,000 gallons of water per day through an interconnection (average during any 30-day period). Monitoring must be accurate to within 5% or 10% of actual flow depending upon the specific water user. Chapter 110 also contains provisions for the voluntary registration of water conservation projects with PADEP.
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| Return of the Short-Term NSR Test? |
 The October 27, 2008 edition of the Wall Street Journal reported that the current administration was moving to adopt a short-term (hourly) New Source Review (NSR) applicability test for electric generating units (EGUs) at power plants by November 1, 2008. The article speculated that the November 1, 2008 deadline was set to make it difficult for the incoming administration to "undo" the rules. The short-term test was originally proposed by U.S. EPA on October 13, 2005 as a result of a June 15, 2005 decision by the Fourth Circuit Court of Appeals (U.S. v. Duke Energy Corporation). That decision (temporarily) changed the NSR applicability test in the Fourth Circuit states from an annual emissions basis to an hourly emissions basis, making it uniform with the NSPS applicability test for modifications. On April 2, 2007, the Fourth Circuit decision was vacated by the Supreme Court, thereby retaining the annual NSR applicability test. On April 25, 2007, U.S. EPA proposed further options to change the NSR applicability test for EGUs at power plants. The proposed April 25, 2007 revisions included a "2-step" option for EGUs where the existing annual emissions NSR test would be applied to EGUs that first exhibited an hourly emissions increase. Stay tuned for updates in future issues of 4 the Record. |
| ALL4 recognized with 2008 Green Business Award |
 ALL4 was presented with a 2008 Green Business Award on November 10, 2008 from the Chester County Chamber of Business & Industry (CCCBI). ALL4 was presented with the award as a result of recycling, pollution prevention, buying/using recycled content, business environmental education  and other environmentally conscious activities. ALL4 is honored to have been presented with the award.
The CCCBI, Chester County Commissioners and the Chester County Solid Waste Authority presented the award at the CCCBI's recent annual dinner. In the picture above, ALL4's Dan Holland (center) accepted the award.
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| EnviroReview Extract |
 EnviroReview is ALL4's regulatory update product which summarizes multimedia environmental changes at the Federal, state, and local level. Being on top of the regulatory development process is paramount to continued environmental compliance. "EnviroReview Extract" is a monthly feature sharing several highlights of the previous month's EnviroReview. This month's highlights include:
Federal News
U.S. EPA is proposing National Emission Standards for Hazardous Air Pollutants (NESHAPs) for nine (9) area source categories in the chemical manufacturing sector, including: (1) Agricultural Chemicals and Pesticides Manufacturing, (2) Cyclic Crude and Intermediate Production, (3) Industrial Inorganic Chemical Manufacturing, (4) Industrial Organic Chemical Manufacturing, (5) Inorganic Pigments Manufacturing, (6) Miscellaneous Organic Chemical Manufacturing, (7) Plastic Materials and Resins Manufacturing, (8) Pharmaceutical Production, and (9) Synthetic Rubber Manufacturing. The proposed standards and associated requirements for the nine (9) area source categories are combined in one (1) subpart. The proposed emissions standards for new and existing sources are based on U.S. EPA's determination regarding the generally available control technology or management practices for the nine (9) area source categories. U.S. EPA is co-proposing an alternative to the requirements for process vents emitting metal Hazardous Air Pollutants (HAPs). The alternative would set a higher size threshold for large metal HAP process vents.
Federal News
U.S. EPA has proposed Performance Specification 17, "Specifications and Test Procedures for Continuous Parameter Monitoring Systems at Stationary Sources" and Procedure 4, "Quality Assurance Requirements for Continuous Parameter Monitoring Systems at Stationary Sources." The proposed performance specification and quality assurance requirements establish procedures and other requirements to ensure that the parametric monitoring systems are properly selected, installed, and placed into operation. This action also proposes minor amendments to Procedure 1 of the "Quality Assurance Requirements for Gas Continuous Emission Monitoring Systems Used for Compliance Determinations" to address Continuous Emission Monitoring Systems (CEMS) that are used for monitoring multiple pollutants. Minor changes to the General Provisions for the Standards of Performance for New Stationary Sources (NSPS), the National Emission Standards for Hazardous Air Pollutants (NESHAPs), and the NESHAPs for Source Categories are also proposed to ensure consistency between the proposed Performance Specification 17, Procedure 4, and the General Provisions, and to clarify that Performance Specification 17 and Procedure 4 apply instead of requirements in applicable subparts that pertain specifically to continuous parameter monitoring systems. Finally, this action proposes amendments to the current national emission standards for closed vent systems, control devices, and recovery systems to ensure consistency with Performance Specification 17 and Procedure 4. Click here to read ALL4's article on this topic from last month's 4 The Record.
Federal News
U.S. EPA promulgated National Emission Standards for Hazardous Air Pollutants (NESHAPs) for new and existing sources at hazardous waste combustion facilities (Subpart EEE final rule) on October 12, 2005. Subsequently, U.S. EPA received four (4) petitions for reconsideration of the Subpart EEE final rule and granted reconsideration with respect to eight (8) issues raised in the petitions. After evaluating public comments submitted in response to the reconsideration notices, U.S. EPA is taking final action on the eight (8) issues. U.S. EPA has also re-opened the rule to consider comments relating to a post-promulgation decision of the United States Court of Appeals for the District of Columbia Circuit, and is responding in this proceeding to the comments received on that notice, published on September 27, 2007. As a result of the reconsideration process, U.S. EPA is revising the new source standard for particulate matter (PM) for cement kilns and for incinerators that burn hazardous waste, and is also making amendments to the PM detection system provisions and health-based compliance alternative for total chlorine.
Georgia News
U.S. EPA extended the comment period for a proposed rule published September 4, 2008 (73 FR 51606) that partially approved and disapproved portions of revisions to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia in three (3) submittals dated October 31, 2006, March 5, 2007, and August 22, 2007. The proposed revisions modified Georgia's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) permitting rules in the SIP in order to address changes to the Federal New Source Review (NSR) regulations (2002 NSR Reform Rules). At the request of several commentors, U.S. EPA extended the comment period through November 5, 2008.
New Jersey News
The New Jersey Department of Environmental Protection (NJDEP) is proposing a revision to the State Implementation Plan (SIP) to protect and enhance visibility levels in the Brigantine Wilderness Area of the Edwin B. Forsythe National Wildlife Refuge, a federally designated Class I area. A public hearing concerning this proposal was held on October 27, 2008 and written comments will be accepted until the extended date of November 28, 2008. | |
| Careers @ ALL4 |
 At ALL4, we are constantly growing: personally, professionally, and as a company. Because growth is so present in our organization, we are continually looking to hire environmental professionals that share our same vision and passion for helping our clients be successful. If you are an environmental professional that wants to......
- Work in a relaxed and employee-centered work environment,
- Be given the opportunity to measure success based on your own merits,
- Make a tangible contribution to the growth of the company,
- Work in a culture of accountability,
- Be rewarded for your efforts that go above and beyond "business as usual,"
- Receive a benefits package that is unmatched in our industry,
- Have access to mentoring and hands-on training from experienced experts in the environmental consulting business,
- Constantly challenge yourself both technically and personally,
- Have the opportunity to contribute to the management and the direction of the company,
- Be asked your opinion and given the freedom to put it into action, and
- Be part of an organization that is striving to be "best in class" every day,
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 We hope you've enjoyed our November 2008 4 The Record. Feel free to forward suggestions, thoughts, and/or comments to kgordon@all4inc.com. As the holiday season gets started this week, we'd like to wish a Happy Thanksgiving to you and your family. 
Sincerely,
All4 Inc.
Kristin M. Gordon, P.E.
Your environmental compliance is clearly our business.
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