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EPA Releases Semiannual Regulatory Agenda

EPA published an FR notice on 06/13/14 for the semiannual regulatory agenda originally made available on 05/23/14.  Some regulations of note to be issued in proposed or final form include:

Proposed:  Toxics Release Inventory (TRI) Articles Exemption Clarification Rule

This rule would clarify how the articles exemption may be used.  In the 2009 proposal, EPA proposed to take away language that some companies relied upon to avoid reporting – specifically facilities that did not have a release onsite from their article but that would generate releases in the environment as part of their use (e.g., creosote lumber), including natural degradation.

Proposed:  Management Standards for Hazardous Waste Pharmaceuticals

EPA issued a 2008 proposed rule, but did not finalize it.  EPA is going to re-propose a revised rule to provide a regulatory scheme that is adapted to the unique issues that hospitals, pharmacies and other healthcare-related facilities face

Proposed:  Improvements to the Hazardous Waste Generator Regulatory Program 

A possible improvement would require small and large quantity generators to include additional information on container labels to better communicate risks associated with its contents. In order to provide generators with greater flexibility in complying with the RCRA regulations, another improvement under consideration would allow generators to maintain their regulatory status even though, because of an episodic event, they moved into a higher regulatory status temporarily. This improvement would allow episodic generators to follow streamlined requirements that are fully protective of human health and the environment.

Proposed:  Standards for Municipal Solid Waste Landfills 

This mandatory review of the NSPS (Subpart WWW) has a court ordered deadline and sent the proposed rule to White House OMB on June 10.  A final rule is due out by January 2015.

Proposed:  Review of the National Ambient Air Quality Standards for Ozone 

The new ozone NAAQS is due out for proposal by December 2014.

Proposed:  New Source Review and Title V Operating Permit Programs–Reconsideration of PSD Requirements for Particulate Matter Less Than 2.5 Micrometers (PM2.5) and Revision to Public Notice Requirements 

 EPA is reconsidering:  1) The revised definition of “baseline area” that includes a new significance level for PM2.5, which is used for determining whether a particular attainment or unclassifiable area should be included in the baseline area for the PM2.5 increments; 2) The requirement that PM2.5 precursor emissions be included in the significant impact analysis; and 3) The level selected for the SMC for PM2.5. In each case, the TCEQ claimed that EPA did not provide an opportunity for public comment prior to issuing the provisions as part of the 2010 final rule. The third of these claims by TCEQ subsequently became moot by the court’s vacatur of the PM2.5 SMC. This proposed rule will also amend the PSD, nonattainment new source review (NNSR) and title V Operating Permit regulations to remove the current requirement in these regulations that a public notice be provided as a prominent advertisement, which historically has been interpreted as an advertisement in a newspaper of general circulation in the area where the source seeking a PSD, NNSR or title V permit is located. The proposed rule will include a public notice requirement that is media-neutral and includes among other mechanisms electronic noticing on permitting authority websites. The option of providing public notice via a traditional newspaper advertisement will still be available to air agencies.

This rule is due out by December 2014.

Proposed:  Reconsideration of the Boiler MACT and Boiler Area Source NESHAP

Proposed amendments to the Boiler MACT and Boiler Area Source NESHAP are due out July 2014.

Final Rule:  Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements 

This final rule will address a range of state implementation requirements for the 2008 National Ambient Air Quality Standards (NAAQS) for ozone, including requirements pertaining to attainment demonstrations, reasonable further progress, reasonably available control technology, reasonably available control measures, nonattainment new source review, emission inventories, and the timing of State Implementation Plan (SIP) submissions and compliance with emission control measures in the SIP. Other issues also addressed in this final rule are the revocation of the 1997 ozone NAAQS for purposes other than transportation conformity; anti-backsliding requirements that would apply when the 1997 NAAQS are revoked; and the section 185 fee program.

Due December 2014

Final Rule:  State Implementation Plans: Response to Petition; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction

In this final action, EPA will issue findings of substantial inadequacy for certain states whose SIPs are inconsistent with the CAA and with current EPA rules and policies concerning treatment of a source’s excess emissions during periods of startup, shutdown, and malfunction (SSM). In addition, EPA is under this action issuing a “SIP call” for each of the states for which a SIP inadequacy is confirmed, which requires the state to revise its SIP as necessary to correct the inadequacy. The SIP call will establish a deadline by which each of these states must submit its corrective SIP revision. A corrective SIP revision will ensure that: (1) all periods of excess emissions, regardless of cause, will be treated as violations subject to EPA enforcement action; and (2) no periods of excess emissions can be automatically exempted from emissions limits.

Due June 2014

The complete agenda is available as a single PDF here:

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