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Department of Homeland Security reinstates CSAT “Top-Screen” Survey Requirement

The Chemical Facility Anti-Terrorism Standards (CFATS) program was promulgated by the Department of Homeland Security (DHS) on April 9, 2007 in an effort to lower the risk posed by certain chemical facilities. The program requires facilities to provide DHS with information via the Top-Screen Survey to determine whether they are required to meet certain security performance standards. DHS temporarily suspended the program in early 2016; however, on October 1, 2016, the requirement to submit Top-Screen surveys was reinstated.

Facilities that had previously submitted a Top-Screen Survey to DHS are being notified by DHS to resubmit their survey via the online Chemical Security Assessment Tool (CSAT 2.0). Facilities that had not previously filed a survey in possession of screening threshold quantities (STQs) of any listed Chemical of Interest are expected to proactively file a survey. Additionally, any facility that comes into possession of STQs of a chemical of interest is required to report their holdings within 60 days by filling out a Top-Screen survey.

Following the Department’s review of a facility’s CSAT Top-Screen submission, the facility may be notified by DHS that it is considered high-risk and assigned to Tier 1, 2, 3, or 4. High-risk facilities will be required to submit a Security Vulnerability Assessment (SVA) and Site Security Plan (SSP) through CSAT.

The CSAT web-based system can only be accessed by “authorized” individuals. Individuals can become authorized by completing the Chemical-terrorism Vulnerability Information (CVI) Authorized User Training.

In summary:

  • A facility is required to submit a Top-Screen survey if it:
    • has been contacted by DHS to submit a Top-Screen Survey;
    • has submitted a Top-Screen Survey in the past; or
    • manufactures, uses, stores, or distributes any Chemical of Interest above the STQ as listed in Appendix A.
  • Top-Screen Survey submitters are required to be CVI authorized.
  • Facilities that are considered high-risk will be contacted by DHS and required to meet certain security standards.

The requirements for submittal of a Top Screen survey can be found here:

The Appendix A list of Chemicals of Interest can be found here:

Georgia EPD Issues New Guideline for Ambient Impact Assessment of Toxic Air Pollutant Emissions

The Georgia Environmental Protection Division (EPD) issued the revised Guideline for Ambient Impact Assessment of Toxic Air Pollutant Emissions, effective March 2017. EPD’s goal in revising the guidance document which was originally approved for use on June 28, 1998 was to provide a more user-friendly and definitive guideline for facility owners to demonstrate that emissions of toxic air pollutants (TAP) will comply with Georgia Rules For Air Quality Control 391-3-1.02(2)(a)1 and 391-3-1.02(2)(a)3. The following changes have been implemented with the March 2017 revised guidance:

  • Adds a definitive list of TAP with the 15 minute and long term (24 hour or annual) averaging rate Acceptable Ambient Concentrations (AACs) – If the pollutant is not in the table then it does not need to be considered in the air toxic demonstration. Previous guidance required applicant to search four different databases for toxicity information
  • Adds Minimum Emission Rates (MER) for the purpose of excluding TAP modeling for low facility-wide emission rates – If the facility wide emissions are below the MER for a pollutant then no analysis is required for that pollutant
  • Clarifies the requirements to demonstrate compliance with AACs (TAP assessment)
  • Implements step-by-step instructions for conducting impact assessment of TAP
  • Includes refined model check list
  • Allows use of site-specific risk analysis if the maximum ground-level concentration (MGLC) found by dispersion analysis is greater than AAC

When is the assessment of TAP emissions required?

  • A TAP assessment is required for:
  1. All new facilities that requires a State Implementation Plan (SIP) Permit and emit a pollutant listed in the TAP table;
  2. All existing facilities that are adding new equipment that require a SIP permit and emit a pollutant listed in the TAP table;
  3. All existing facilities that are modifying existing equipment that increases the emission of a pollutant listed in the TAP table;
  4. All existing facilities that are modifying existing equipment or making process changes that result in emission of a pollutant listed in the TAP table not previously emitted from the facility;
  5. In some cases a demonstration may be required for sources that have never demonstrated compliance with the AAC; and
  6. Case by case as determined by EPD.


  • For a pollutant that has a facility-wide emission rate below the MER, no further analysis is required.
  • For pollutant that has a facility-wide emission rate above the MER, further analysis is required.

Georgia DNR Board Adopts Amended Air Rules

Misc. Rules Update:

  • Updates VOC definition for exempt solvents;
  • Revises the ambient air standards to be consistent with the NAAQS;
  • Removes the definition of “Regulated NSR Pollutant” to defer back to the federal definition;
  • Adds NSPS XXX (new MSW landfills);
  • Adds fire pumps to the SIP permitting exemption;
  • Eliminates PM2.5 nonattainment area NSR provisions (since attainment designation was issued); and
  • Adds fire pumps to the Title V insignificant activities list.

Cotton Gin Rule Update:

CSAPR Update:

  • Eliminates references to CAIR;
  • Incorporates CSAPR by reference;
  • Includes state annual trading budgets, new unit set-asides, and variability limits.

For questions, please contact your EPS consultant.

Ohio EPA Issues New NPDES Industrial Stormwater General Permit

The Ohio Environmental Protection Agency (EPA) issued the NPDES General Permit for Discharges Associated with Industrial Activity, OHR000006, effective in May 2017 (day is currently unspecified).  Examples of modifications in the new Permit include:

  • More specific language detailing when pavement wash waters and building washdown are an allowable non-storm water discharge.
  • Permit renewals require Notice of Intents, Notice of Termination, and No Exposure Certification to be submitted electronically using Ohio EPA’s electronic application forms.
  • The frequency for routine facility inspections and quarterly visual assessments can be reduced for facilities recognized under the Gold and Platinum levels by Ohio EPA’s Encouraging Environmental Excellence (E3) Program.
  • The procedures for comprehensive and routine facility inspections have been consolidated to eliminate redundancies and reduce burden.
  • Permittees are required to make their Storm Water Pollution Prevention Plan (SWPPP) available to the public when requested (excluding any confidential business information).
  • Permittees exceeding a benchmark due to a neighboring facility’s storm water run-on may document and account for this situation.
  • The annual report has been modified to be consistent with USEPA’s current federal Multi-Sector General Permit (MSGP) Annual Report.
  • Language was added to more clearly identify that the discharge of leachate is not authorized by the general permit.

What’s Required:

The Notice of Intent (NOI) must be submitted electronically to the Ohio EPA through their on-line portal called eBusiness Center ( within ninety (90) days of the Permit’s effective date. The Storm Water Pollution Prevention Plan (SWPPP) must be updated and all changes must be implemented within 180 days of the Permit’s effective date. Additionally, any facility operating under a No Exposure Exclusion must reapply for the exclusion once the permit is issued.

EPS Assistance:

If you are a current client of EPS, we will be contacting you shortly to assist in setting up your eBusiness Center account, submitting your NOI, and preparing your new SWPPP to meet the new Permit requirements.

If you are not a current client of EPS and would like our assistance, please call Ted Peyser or Alan Anderson at (404) 315-9113.

The Permit may be reviewed at the following web address:

GA EPD Issues Final NPDES Industrial Storm Water General Permit

On March 6, 2017, the Georgia Environmental Protection Division (EPD) issued the revised NPDES General Permit for Discharges Associated with Industrial Activity, GAR050000. The Permit becomes effective June 1, 2017 and expires May 31, 2022.

A few examples of modifications in the new Permit include:

  • Dumpsters and roll-offs that do not have lids and could contaminate storm water must ensure that discharges have a control (e.g., secondary containment, treatment).
  • Perform inspections and preventive maintenance of drainage structures, treatment systems, and plant equipment and systems.
  • Inspect and maintain baghouses at least quarterly and immediately remove any accumulation of dust.
  • Clean catch basins when debris depth reaches two-thirds of the basin depth. The debris surface must be at least six inches below the outlet pipe.
  • Examine erosion and sediment control measures during the Annual Comprehensive Site Inspection and state each measure as adequate or needing improvement.
  • Delineate all areas subject to erosion on the Site Map.
  • Hardness-dependent benchmark concentrations must be determined based on the receiving stream’s hardness value, and not on the site’s storm water discharge.

What’s Required: 
The Notice of Intent (NOI) must be submitted electronically to EPD on their on-line portal called “GEOS” within thirty (30) days of the Permit’s effective date of June 1st. The Storm Water Pollution Prevention Plan (SWPPP) must be updated within ninety 90 days and all changes must be implemented within 180 days of the Permit’s effective date. Additionally, any facility operating under a No Exposure Exclusion must reapply for the exclusion within 30 days of the effective date of the permit.

EPS Assistance:
If you are a current client of EPS, we will be contacting you shortly to assist in setting up your GEOS account, submitting your NOI, and preparing your new SWPPP to meet the new Permit requirements.

If you are not a current client of EPS and would like our assistance, please call Ted Peyser or Alan Anderson at (404) 315-9113.

The Permit can be reviewed at the following web address:

Georgia EPD Issues the Revised Draft Industrial Storm Water General Permit

Georgia EPD has issued the Draft 2017 NPDES General Permit No. GAR050000 for Storm Water Discharges Associated with Industrial Activity. The comment period ends on September 9, 2016. EPD expects to issue a revised draft of the Permit on October 3, 2016 and hold a public hearing on November 9, 2016.

EPD has held several stakeholder meetings and received numerous comments. Some of the more significant, non-sector specific, proposed changes from the existing 2012 Permit are listed below. Note that based on stakeholder comments received, we believe that several of these proposed changes may be removed from the final Permit.

  • Catch basins/retention ponds are required to be cleaned when the depth of debris reaches 2/3 of the sump depth. The debris surface must also be at least 6 inches below the lowest outlet pipe.
  • The allowable timeframe for documentation of corrective action is reduced from 30 days to 14 days. The allowable timeframe for implementation of corrective action, without requiring approval from EPD, has been reduced from 90 days to 45 days.
  • Photo documentation of the quarterly visual (outfall) sample against a neutral background is required. A comparison of the current visual sample to past results is also required.
  • Erosion and sediment control measures must be examined more closely in the Annual Comprehensive Site Evaluation.
  • Training at hiring and annually thereafter is now required. Training topics are now specified.
  • The Site Map must include areas prone to erosion and where control measures are installed or needed.
  • The Storm Water Pollution Prevention Plan must be made available directly to the public without EPD involvement.
  • Numerous changes are proposed to Appendix C Impaired Stream Monitoring.

Currently, the effective date of the Permit is June 1, 2017. As part of the Permit renewal, companies will be required to resubmit their Notice of Intent (NOI) 30 days before the effective date of the Permit. Storm Water Pollution Prevention Plans must also be updated and in place prior to NOI submittal.

The draft Permit can be found at the following link:

Draft Guidance on Significant Impact Levels (SIL) for O3 and PM2.5 under the PSD Program

On August 1st, 2016 (revised August 18th, 2016) EPA released a draft guidance memo on Significant Impact Levels (SIL) for Ozone (O3) and particulate matter less than 2.5 microns in aerodynamic diameter (PM2.5). The salient points from the draft memo are listed below:

The following NAAQS SIL concentrations are recommended:
Ozone 8-hour:  1.0 ppb
PM2.5 24-hour:  1.2 ug/m3
PM2.5 Annual:  0.2 ug/m3
Source: EPA Webinar held on August 24, 2016.

PSD Increments
Currently, there is no PSD increment for 8-hr O3 NAAQS. Therefore, an O3 increment SIL is not recommended in this guidance.

PM2.5 increment SIL recommendations are also provided.

General points
EPA has left the adoption of these SILs to the discretion of permitting authorities.
Final guidance memo is expected by end of 2016.
EPA is accepting informal comments until September 30, 2016.

EPA Website:

Boiler MACT Reconsideration Issued

On November 5, 2015, EPA issued final amendments to the Boiler MACT, reflecting final reconsideration of issues in the rule for which additional public comment was believed to be warranted as a result of petitions received since issuance of the rule in 2013.

The more significant changes resulting from this action include:

  • For sources subject to an emissions limit, two alternative definitions for startup were added to allow for pre-startup testing activities for a new source firing fuel for the first time or startup after a shutdown event. The definitions for shutdown and clean fuels were revised for clarification and a definition for useful thermal energy was added. Applicable work practices were also added, including the use of clean fuels during startup and shutdown, any application control devices within four hours of supplying useful thermal energy, and PM control devices within one hour of employing the use of non-clean fuels, and develop a Startup and Shutdown Plan (SSP). (40 CFR 63.7505 and 40 CFR63.7575).
  • Clarification that opacity is an operating limit and not an emissions limit (40 CFR 63.7570(b)): The opacity operating limit was revised to allow facilities to comply with the 10-percent operating limit or a site-specific value established from the highest hourly value during the PM performance test.
  • Elimination of the affirmative defense for violation of emission standards during malfunctions. In the preamble to the final amendment, EPA states that the enforcement administrator can consider any information provided as defense to determine appropriate enforcement actions.
  • Clarification of Compliance Dates for Fuel Switching (40 CFR 63.7491(h), 63.7510(k)):  EPA clarified that existing and new boilers must meet the requirements of the new subcategory on the effective date of the fuel switch.  For Gas 1 boilers, if fuel oil is fired electively (not for maintenance, testing, or curtailment), the boiler must be in compliance with the applicable fuel oil subcategory requirements on the date of the fuel oil firing.  Compliance with the new subcategory requirements must be demonstrated within 60 days of the effective date of the fuel switch (the date when fuel oil was electively fired).
  • Changes to Notification of Compliance Status Content (40 CFR 63.7530(e), 63.7545(e)(8)(i)):  EPA changed the language for the NOCS regarding the energy assessment as follows:  “You must include with the Notification of Compliance Status a signed certification that either the energy assessment was completed according to Table 3 to this subpart, and that the assessment is an accurate depiction of your facility at the time of the assessment, or that the maximum number of on-site technical hours specified in the definition of energy assessment applicable to the facility has been expended.”
  • Prescribed NOCS language change:  “This facility complies with completed the required initial tune-up for all of the boilers and process heaters covered by 40 CFR 63 Subpart DDDDD at this site according to the procedures in § 63.7540(a)(10)(i) through (vi).”
  • Clarification of the Fuel to Be Burned During Tune-Ups (40 CFR 63.7540(a)(10)):  EPA clarified that CO tune-ups are to be conducted while burning the type of fuel that provided the majority of the heat input to the boiler over the 12 months prior to the tune-up.  For Gas 1 boilers, the tune-ups would be performed on natural gas as the majority fuel.
  • Clarification of Reporting Periods (40 CFR 63.7550(b)(1)):  EPA clarified that the first annual, biennial, or 5-year compliance report covers the period from the compliance date (January 31, 2016 for existing boilers) to December 31 (within 1, 2, or 5 years, as applicable).
  • Specification of Alternatives to One-Time Energy Assessment (Table 3 to Subpart DDDDD):   EPA included the specific requirements for energy management programs that may be cited in lieu of the one-time energy assessment:  “A facility that operated under an energy management program developed according to the ENERGY STAR guidelines for energy management or compatible with ISO 50001 for at least one year between January 1, 2008 and the compliance date specified in §63.7495.”

Fact Sheet:

The published final rule is available here:

Non-Hazardous Secondary Materials (NHSM) Rule Update

NHSM Rule Update

On February 8, 2016, USEPA published an amendment to their Non-hazardous Secondary Materials (NHSM) Rule, adding three new categorical non-waste fuels.  These materials may be combusted in boilers without subjecting the boiler to the stringent waste incinerator rules.  The new categories are 1) combustion and demolition wood, 2) paper recycling residuals, and 3) creosote-treated railroad ties.  Each of these fuels has specific qualifications that must be met to allow for their use:

Construction and Demolition (C&D) Wood

C&D wood may be used as a fuel provided it is processed to remove contaminants according to best management practices.  The rule defines best management practices to include sorting by trained operators to remove non-wood materials (plastics, drywall, concrete, aggregates, dirt, and asbestos) and wood treated with creosote, pentachlorophenol, chromated copper arsenate, or other copper, chromium, or arsenical preservatives.  The rule contains specific training and procedural requirements for processors to follow.  Combustors of C&D wood must obtain a written certification from the processor for every new contract or purchase agreement.

Paper Recycling Residuals (PPR)

This exemption allows paper recycling mills whose boilers are designed to burn solid fuel to burn paper recycling residuals (PPR) generated on-site.  PPR consists of material, primarily wood fibers, that cannot be used to make paper and paperboard products.  It may contain small amounts of non-fiber material such as plastics, waxes, adhesives, dyes and inks, clays, starches, and other coating and filler material.

Creosote-treated Railroad Ties (CTRT)

CTRT material must be processed for metal removal and shredding or grinding and can only be fired in boilers that were designed to burn both biomass and fuel oil as part of normal operation, i.e., not just for startup purposes.  Boilers at major source pulp and paper mills or power producers that are subject to the Boiler MACT and that were originally designed to burn biomass and fuel oil, but have been modified to burn natural gas instead of fuel oil, may still burn CTRT provided that the boiler commenced construction prior to April 14, 2014 and the CTRT does not comprise more than 40 percent of the fuel on an annual heat input basis.

The published final rule is available here:

EPA’s summary page is available here:

Import or Manufacture a Chemical? TSCA Chemical Data Reporting (CDR) Due This Summer…

EPA’s Toxic Substances Control ACT (TSCA) Chemical Data Reporting (CDR) period is soon approaching. The CDR rule requires manufacturers (including importers) to provide information on the chemicals they manufacture domestically or import into the United States. EPA will use the information to determine the potential health and environmental risks of these chemicals. The report submission period is 06/01/2016 to 09/30/2016. This report covers the reporting period of calendar years 2012 to 2015.  Reports are submitted through EPA’s Central Data Exchange (CDX).

A review of the total quantity of each manufactured or imported chemical, as well as the composition of each chemical, is needed to determine if the reporting threshold of 25,000 lbs/yr (or 2,500 lbs/yr for TSCA action chemicals) is met.  Note that exemptions may apply.


For more information, please contact your EPS consultant.

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