| What's on ALL4's Calendar? |
 At ALL4, we like to get out and about -- whether presenting or taking part in technical and regulatory conferences. Stop by and see us at these upcoming events.
- April 21 - 22, 2009 - Norristown, PA
- April 28 - 29, 2009 - Pittsburgh, PA
May 20-22, 2009 - Association of Battery Recyclers (ABR) Spring 2009 Meeting, Amelia Island, FL (ALL4's Presentation: "Climate Regulations Charging the Lead and Battery Industries")
May 2009 - ALL4 Webinar Series: Air Permitting 101 (as seen at the PA Chamber Spring Conference). More info coming soon.
COMING SOON...
- 4 The Record Survey |
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| A Fine Particulate Series:
PM2.5 Nonattainment - What You Need to Know |
 In the March 2009 4 The Record article "A Practical Guide to PM2.5," ALL4's PM2.5 Team discussed the technical basics of PM2.5 and the specific steps that you can take to assess your position with regard to the challenging regulatory landscape that lies ahead. This month's article aims to fill in a few technical details regarding PM2.5 nonattainment areas, including a discussion on PM2.5 attainment designations, emission reduction credit (ERC) requirements, ERC air quality modeling requirements, and timing and cost considerations when planning for nonattainment area projects where PM2.5 emissions may be a factor.
- Attainment or Nonattainment: That is the Question
- PM2.5 Nonattainment Area Requirements
- ERC Requirement Challenges
What is "Ambient Equivalency"?
Recommendations and Conclusions
Please contact ALL4's David Chetkowski at 610.933.5246 x16 or dchetkowski@all4inc.com should you have any questions regarding PM2.5 nonattainment requirements. |
| U.S. EPA Names Priority Schools for Monitoring Toxic Outdoor Air Pollution |
On March 31, 2009, U.S. EPA announced a list of priority schools that will undergo outdoor air monitoring. State and local agencies will work together with U.S. EPA to monitor air toxics around 62 schools that are located near large industrial facilities or in urban areas. These schools were identified for monitoring based on available information about air pollution in the vicinity of the schools, results of a computer modeling analysis, results from a recent newspaper analysis, and information from state and local air agencies.
Monitoring of outdoor air at some of the schools on the list will begin almost immediately, while monitoring at the remaining schools will begin over the next 60 to 90 days. Monitors will be operated over a period of 60 days during which samples will be collected on 10 different days. The monitors will measure gaseous pollutants, such as benzene, and particulate pollutants, including metals such as hexavalent chromium, manganese, or lead. The pollutants monitored will vary by school, based on the available information about the pollution sources in the area. Equipment to measure wind speed and direction will also be installed at each school during the monitoring.
U.S. EPA will analyze the results of the monitoring and share the information with the schools and the public. The information gathered will be used to make projections of potential long-term health effects at the schools. If U.S. EPA finds low potential for health concerns, the agency may cease monitoring. If potential health concerns are high, U.S. EPA will determine how best to move forward, which could require additional monitoring or enforcement action, where appropriate.
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| ALL4's Greenhouse Gas Inventory Starter Kit - Get Yours Today! |
 Does your greenhouse gas inventory need to sprout?
You know you should get started determining your company's Greenhouse Gas (GHG) emissions, but you don't know how best to get started. You don't want to commit thousands upon thousands of dollars right now while regulations and reporting requirements are being sorted out.
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Draft Greenhouse Gas Cap and Trade Bill Released by Congress |
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On March 31, 2009, Democrats in Congress released a discussion draft Greenhouse Gas (GHG) cap and trade bill that would cover 85% of U.S. GHG emissions. The bill, entitled "The American Clean Energy and Security Act of 2009," is comprised of four titles: Title I - Clean Energy, Title II - Energy Efficiency, Title III - Reducing Global Warming Pollution, and Title IV - Transitioning to a Clean Energy Economy. Title III of the bill is of particular interest as it identifies two new titles under the Clean Air Act: Title VII - Global Warming Pollution Reduction Program and Title VIII - Additional Greenhouse Gas Standards.
The Title III provisions of the draft bill are apparently based on the recommendations of the U.S. Climate Action Partnership (USCAP) and establish a market-based program to reduce GHG emissions from industrial and electric utility sources that account for 85% of domestic GHG emissions. Entities emitting more than 25,000 tons per year of CO2 equivalent (CO2e) would be subject to the allowance program. However, sources that emit 10,000 tons per year CO2e will only be required to report emissions. The market-based program would require regulated entities to possess allowances for each ton of their GHG emissions. The available allowances would decline over time, resulting in aggregate GHG emission reductions. The allowance program would establish 2005 as the baseline year, against which required aggregate GHG reductions would be measured.
Title III also establishes:
- Offset provisions, which would allow regulated entities to increase emissions above their allowances if the increases can be offset by reductions at other sources.
- A Strategic Reserve of allowances to be made available by auction should allowance prices become unacceptably high.
- An allowance "Banking" system, which would allow facilities to bank allowances for use during future compliance years.
- A Supplemental Pollution Reduction program that would achieve additional reductions in GHG emissions through agreements to prevent deforestation.
- Carbon Market Oversight through the Federal Energy Regulatory Commission.
- GHG Standards for non-allowance sources.
Finally, Title III of the draft includes a provision specifying that CO2 and other GHGs would not be regulated as criteria air pollutants or hazardous air pollutants and that New Source Review (NSR) would not apply to GHG emissions (note that only Part C of Title I is exempted and not the nonattainment Part D NSR permitting requirements). GHG emissions would be defined as "...carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons emitted as a byproduct, perfluorocarbons, nitrogen trifluoride (which is a newly listed GHG), and any other anthropogenic designated as a GHG by the administrator."
Stay tuned to future issues of 4 The Record for updates regarding the development of GHG regulations. Please contact ALL4's Dan Holland at 610.933.5246 x15 or dholland@all4inc.com should you have any questions related to the GHG regulatory development process. |
| PADEP to Propose Substantial Air Fee Increases and New Air Fees for 2010 and Beyond |
 At the February 12, 2009 Air Quality Technical Advisory Committee (AQTAC) meeting, the Pennsylvania Department of Environmental Protection (PADEP) introduced proposed new amendments to Chapters 127 and 139 of the State's air regulations. The proposed changes to Chapter 127 affect Subchapter I, the Plan Approval and Operating Permit Fees. The proposed changes to Chapter 139 create a new Subchapter D entitled Testing, Auditing, and Monitoring Fees. The revised and new sections of these rules include substantial increases in current fees for various types of Plan Approvals and Operating Permits and create new fees for PADEP efforts associated with reviewing and/or taking action on a variety of submittals required of regulated sources. The proposed rule revisions can be viewed here.
The various fee increases and new fees are proposed for three (3) separate time frames: 2010 to 2014, 2015 to 2019, and 2020 and beyond. Some examples of the changes include increasing the fee for a simple Plan Approval from $1,000 to $1,300 in 2010, and to $2,000 by 2020; increasing the fee for a Prevention of Significant Deterioration (PSD) application from $22,700 to $27,200 in 2010, and to $30,000 by 2020. There will be new fees for items such as the Request for Determination (RFD) forms and substantial charges for any PADEP efforts associated with reviewing air quality modeling and risk assessments. The annual Title V emission fee is proposed to increase to $70 per ton on January 1, 2010.
The biggest surprise in the proposed rule revisions is the establishment of new fees in Chapter 139. Sources will be charged for everything from reviewing stack test protocols and test reports, to observing and/or having PADEP conduct tests. A number of fees are also proposed for sources that operate continuous emission monitoring systems (CEMS). The fees vary based on the CEMS related activity and virtually everything reviewed by PADEP as part of the CEMS program will be charged a fee. For example, review of Phase 1 plans and Phase 3 test reports will be subject to separate fees, as will various CEMS level 1 through level 4 audits.
AQTAC voted 9-1-2 to present the proposed fee schedule to the Pennsylvania Environmental Quality Board (EQB) for consideration as an adopted regulation. The EQB's next scheduled meeting is on April 21, 2009. If the rules are promulgated as proposed, regulated sources will need to look closely at the new fees and consider the overall cost impacts when it comes time for preparing 2010 operating budgets.
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| ALL4 News: ALL4 Recognized in PA Chamber's Catalyst Magazine |
 In the latest edition of Pennsylvania Chamber's quarterly magazine, Catalyst, ALL4 was highlighted in the Member Spotlight section. Additionally, ALL4 was published on two important subjects: greenhouse gases and alternative fuels. To read these articles, click on the links below:
Catalyst - ALL4 Member Spotlight
Catalyst - Alternative Fuels: Reducing Fuel Costs and Greenhouse Gas Emissions
Catalyst - Pennsylvania Begins Development of Climate Change Action Plan |
| U.S. EPA Proposes Air Toxics Standards for Reciprocating Internal Combustion Engines (RICE) |
 On February 25, 2009, U.S. EPA released proposed National Emissions Standards for Hazardous Air Pollutants (NESHAPs) for stationary Reciprocating Internal Combustion Engines (RICE) that are not currently regulated by the existing, so called, RICE MACT (i.e., 40 CFR Part 63, Subpart ZZZZ) promulgated in 2004. The proposed rule would establish limits for emissions of carbon monoxide (CO) and formaldehyde (CH2O) for:
- RICE that are located at area sources of air toxics emissions,
- RICE with site ratings of less than or equal to 500 brake horsepower (bhp) located at major sources of air toxics emissions that were constructed or reconstructed before June 12, 2006, and
- RICE with site ratings of greater than 500 bhp located at major sources of air toxics emissions that were constructed or reconstructed before December 19, 2002.
RICE affected by the proposed rule are primarily located at power plants and chemical and manufacturing facilities, and are used to generate electricity during periods of utility power outages, or to power pumps and/or compressors. However, information technology (IT) or business sector companies utilizing emergency generators to power servers in times of utility power outages would also be affected.
U.S. EPA will accept comments on the proposed RICE rule until April 26, 2009 (i.e., 60 days following the February 25, 2009 publication of the proposed rule in the Federal Register). Please contact ALL4's Ron Harding at 610.933.5246 x19 or rharding@all4inc.com or ALL4's John Slade at x36 or jslade@all4inc.com should you have any questions about the proposed RICE rule. |
| Risk Management Program - Release of RMP*eSubmit and Other Guidance |
 For many facilities subject to the Risk Management Program provisions of 40 CFR Part 68 that were required to submit a Risk Management Plan (RMP) by the initial 1999 compliance date, a 5-year update is due this year. On March 13, 2009, U.S. EPA released the newest software for submitting a new or updated RMP: RMP*eSubmit. The new RMP*eSubmit software and additional guidance information is available at the following U.S. EPA website:
RMP*eSubmit will replace RMP*Submit 2004, which will be phased out in 2009. U.S. EPA encourages facilities to use RMP*eSubmit. However, U.S. EPA will accept an updated RMP using RMP*Submit 2004 from facilities that have already begun preparing their RMP submittals. Those facilities that were required to complete the Chemical Facility Anti-terrorism Standards (CFATS) Chemical Security Assessment Tool (CSAT) in 2008 (as described in ALL4's August 2008 4 The Record article "Chemical Facility Anti-terrorism Standards (CFATS) Deadline Approaching"), may recognize some of the same registration features in RMP*eSubmit that accompanied the CSAT Top-Screen submittal.
Even if your facility's RMP is not due until June 2009, there are several tasks that should be completed now:
- Register the Certifying Official in the Central Data Exchange (CDX) (http://cdx.epa.gov).
- Complete the Electronic Signature Agreement (ESA) and mail it back to U.S. EPA. The ESA is used to verify that the Certifying Official reviewed and submitted the EMP in the RMP*eSubmit system.
Register the "Preparer" and activate RMP*eSubmit access in CDX. The Certifying Official may designate another person as the Preparer. In this case, the Certifying Official may provide the Preparer with the Authorization Code for the facility. Preparers are then required to provide the Authorization Code when registering and activating their RMP*eSubmit access in CDX.
Now is the time to begin preparing for your facility's 5-year review and update. Please contact ALL4's Bill Straub at 610.933.5246 x12 or wstraub@all4inc.com should you have any questions regarding the completion of a 5-year review and update, or require additional information pertaining to RMP*eSubmit. |
| Miss Reading One of Our 4 The Record Extra!s? |
4 The Record Extra! is published periodically when you need to know about breaking regulatory and technical environmental news that just can't wait for the next edition of 4 The Record.
The last few months have been action packed with breaking news. If you missed any of our 4 The Record Extra!s, check them out at the following links:
Email info@all4inc.com to sign up to receive 4 The Record Extra! via email. |
| Pennsylvania to Control Emissions from the Use of Adhesives, Sealants, Primers, and Solvents |
 The Pennsylvania Environmental Quality Board (EQB) has proposed regulations that would control emissions from the use of adhesives, sealants, primers, and solvents. The proposed rulemaking would regulate the owner or operator of a facility or stationary source that uses or applies a regulated adhesive, sealant, adhesive primer, or sealant primer product. Emission standards and volatile organic compound (VOC) content limits have been proposed for the industrial or commercial use or application of 37 adhesive, sealant, adhesive primer, or sealant primer product categories, and adhesive or sealant products applied to particular substrates. Requirements for the use of surface preparation solvents and cleanup solvents are also included.
Also proposed are emission standards and VOC content limits for the sale, supply, offer for sale, manufacture, use, or application of 37 adhesive, sealant, adhesive primer, and sealant primer product categories; adhesive and sealant products applied to certain substrates; and surface preparation solvents and cleanup solvents. These requirements would apply to anyone who sells, supplies, offers for sale, or manufactures for sale an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent, or cleanup solvent product for industrial or commercial use or application in Pennsylvania. The requirements will also apply to anyone who uses or applies, for compensation, an adhesive, sealant, adhesive primer, or sealant primer product; adhesive or sealant products applied to particular substrates; or a surface preparation solvent or cleanup solvent products in Pennsylvania.
The proposed regulations can be viewed here.
Comments regarding the proposed regulations are due to the EQB by June 8, 2009.
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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 to delay the effective date of the New Source Review (NSR) guidance concerning project aggregation for a second time from May 18 to November 18, 2009. The amendments were published in the January 15, 2009 Federal Register and clarified the definition of "aggregation" under both the Prevention of Significant Deterioration (PSD) and the Nonattainment New Source Review (NNSR) programs. U.S. EPA has also proposed extending the period for commenting on the definition of "aggregation" through either February 18, 2010 (nine (9) additional months) or May 18, 2010 (12 additional months). Comments on the proposed extension will be accepted through April 17, 2009.
Federal News
U.S. EPA is taking final action to promulgate Performance Specification (PS) 16 for predictive emissions monitoring systems (PEMS). PS16 provides testing requirements for assessing the acceptability of PEMS when they are initially installed. Currently, there are no Federal rules requiring the use of PEMS. However, some sources have obtained approval from their Administrator to use PEMS as an alternative to continuous emissions monitoring systems (CEMS). Other sources may desire to use PEMS in cases where initial and operational costs are less than for CEMS and process optimization for emissions control may be desirable. PS16 will apply to any PEMS required in future rules in 40 CFR Parts 60, 61, or 63, and in cases where a source petitions the Administrator and receives approval to use a PEMS in lieu of another emissions monitoring system required under the regulation. U.S. EPA is also finalizing minor technical amendments. The effective date of this final rule is April 24, 2009.
Massachusetts News
The Massachusetts Department of Environmental Protection (MassDEP) has proposed amendments to 310 CMR 7.71 (relating to the mandatory reporting of greenhouse gas (GHG) emissions) that was issued on an emergency basis in December 2008. The regulation requires reporting of GHG emissions from certain sources and the creation of an accurate inventory of statewide GHG emissions that will inform and improve planning, implementation, and tracking of State efforts to address climate change. These amendments address additional reporting requirements. A public hearing will be held on April 30, 2009 and public comments are due by May 11, 2009.
New Jersey News
The New Jersey Department of Environmental Protection (NJDEP) has submitted its "State Implementation Plan (SIP) Revision for the Attainment and Maintenance of the Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS)" to U.S. EPA. The primary purpose of this SIP revision is to demonstrate New Jersey's plan for attaining the 1997 PM2.5 annual NAAQS by the attainment date for its two (2) associated multi-state nonattainment areas. The attainment demonstration is for calendar year 2009 to meet an April 5, 2010 attainment date. This SIP revision also serves to highlight other PM-related challenges facing the State (e.g., the new daily PM2.5 standard of 35 micrograms per cubic meter, Regional Haze, Global Warming, etc.), and explain how the actions taken in this SIP proposal will simultaneously help New Jersey meet these additional air quality challenges.
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