EPA Regulations

October 2007


Dylan Starnes, an employee of the Atlanta based Environmental Contracting Company, was sentenced to 33 months in prison and three years of probation for improperly removing asbestos from a low-income public housing project on St. Thomas. In addition to the jail sentence, Starnes must also pay for the cost of medical surveillance required for any people who were exposed to the asbestos. Starnes was sentenced July 27, 2007. In 2002, Starnes, a licensed and certified asbestos contractor, was hired by the Virgin Islands Housing Authority to oversee the remediation of more than 220,000 sq. ft. of asbestos and to conduct air monitoring in the housing project. The evidence at trial established that Starnes and Cleve Allan George failed to follow applicable federal regulations for asbestos removal outlined in their work plan, a violation of federal law. George is the owner of the Virgin Island Asbestos Removal Co.  

EPA Extends Clean Water Act Deadlines for Animal Feeding Operations   

To respond properly to citizen comment on a federal court order, EPA today announced a final rule extending certain compliance deadlines from July 31, 2007 to Feb. 27, 2009 for concentrated animal feeding operations.

One extension applies to water pollution permit application deadlines for certain facilities that EPA defined as CAFOs for the first time in 2003. The other extension relates to when CAFOs that have a Clean Water Act permit are required to develop and implement their nutrient management plans (NMPs). An NMP is a plan that specifies the amount of manure that can be applied to crops so the potential for nutrient runoff to water bodies is minimized.

Until NMPs and other aspects of the regulation can be implemented in accordance with the court ruling, state and existing federal rules unaffected by the court ruling will continue to protect water quality.

EPA has been regulating CAFOs for more than 25 years. In response to a February 2005 federal court decision vacating some portions of a 2003 CAFO rule, EPA proposed a revised rule in 2006. The 2006 rule has not yet gone final.

These  actions are extensions of the deadlines originally promulgated in the 2003 rule. The extensions are necessary to ensure that EPA finalizes the 2006 CAFO rule in response to the court decision before the compliance dates come into effect. These extensions will allow EPA time to respond adequately to a wide array of public comments on the court decision and will also provide time for states and the agricultural community to adjust to the new requirements of the 2006 proposal once it goes final.

EPA is encouraging its regional offices and States to continue to implement their existing regulatory programs while the agency's response to the court decision is being finalized.

The action being announced today will not affect other aspects of the CAFO water permitting program. It solely addresses timing issues associated with the court ruling.

Today's action will be published soon in the Federal Register.

For further information, visit EPA's Animal Feeding Operations Web page:  http://www.epa.gov/npdes/caforulechanges

EPA is releasing a second draft risk report as part of the agency’s review of the national air quality standards for lead. Completing and reviewing a risk assessment is part of the extensive scientific and technical process EPA uses to review any national ambient air quality standard.

EPA has provided the draft report to the Clean Air Science Advisory Committee (CASAC), a group of independent scientific and technical experts that provides advice to EPA. The CASAC will review the report at a public meeting in Research Triangle Park, N.C. on Aug. 28 and 29, 2007.  EPA also is accepting written comment on the draft assessment until Aug. 29.

This second draft assessment does not include any conclusions or recommendations with regard to keeping or changing the current lead air quality standard.  EPA must propose whether to revise or retain the current lead standards by May 1, 2008, and issue a final rule by Sept. 1, 2008.

As a result of removing lead from gasoline and other EPA regulations, airborne lead concentrations have decreased dramatically in the United States. From 1980 to 2005, national lead air quality levels have dropped more than 90 percent.

Main body of the report, appendices and fact sheet: http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_td.html

A new EPA publication will help the regulated community design and implement voluntary water quality trading programs consistent with EPA's 2003 National Water Quality Trading Policy. This new guide will provide stakeholders with detailed guidance on the fundamental concepts of trading which can accelerate water quality improvement and reduce compliance costs.

"EPA's Trading Toolkit is the first-ever 'how-to' manual on water quality trading," says Assistant Administrator for Water Benjamin H. Grumbles. "This Toolkit will be useful not only for permit writers but for anyone interested in designing a trading program to improve water quality. It is part of EPA's efforts to support and encourage innovation for water quality progress."

Water quality trading is a voluntary option that regulated point sources can use to meet requirements under the Clean Water Act. The Water Quality Trading Toolkit for Permit Writers provides permitting authorities with the tools they need to incorporate trading provisions into required permits. The guide is focused on trading nitrogen and phosphorus, but other pollutants may be considered for trading on a case-by-case basis. The Toolkit discusses the fundamental concepts of designing and implementing trading programs including the relevant geographic scope, effluent limitations and other factors involved in defining a credit. The document also includes a set of appendices which feature detailed case studies based on actual trading programs.

EPA is interested in public comment on the Toolkit. Comments received through the document's Web site will be considered for future updates.

The Toolkit, a Web-based document, is available on the EPA's Water Quality Trading Web site at:

A limited number of hard copies are also available through the National Service Center for Environmental Publications.

The Toolkit, a Web-based document, is available on the EPA's Water Quality Trading Web site at: http://www.epa.gov/owow/watershed/trading/WQTToolkit.html

EPA Evaluated Air Toxics Risks from Petroleum Refineries, Seeks Comment on Additional Emissions Reductions

Contact: John Millett, (202) 564-4355 / millett.john@epa.gov

A recent analysis by EPA on the risks from air toxics emitted from petroleum refineries found that the risks to human health and the environment are low enough that no further controls are warranted.  

Based on the results of the analysis, EPA is proposing two options for controlling air toxics emissions from refineries.

The first option requires no additional emissions reductions because the risks are acceptably low.  

As a second option, EPA is proposing requiring additional emissions reductions for certain storage vessels and wastewater treatment units. Under this alternative, EPA projects that refineries could reduce air toxics emissions by about 1,000 to 4,600 tons per year from 153 facilities. The agency estimates this alternative could cost up to $1.1 million or save up to $4.0 million nationwide each year by reducing product loss.

EPA is seeking comment on both options.

EPA analyzed the petroleum refinery emissions as part of a Clean Air Act requirement that the agency examine potential risks that remain after implementation of standards known as maximum achievable control technology (MACT) standards. MACT standards require industrial facilities to reduce emissions of toxic air pollutants.

EPA issued the MACT standard for petroleum refineries in 1995. The rule reduces nationwide emissions of air toxics from petroleum refineries by an estimated 53,000 tons per year.

EPA has issued 96 MACT standards covering 174 industry sectors. Those rules reduce air toxic emissions by an estimated 1.7 million tons per year.

EPA will accept public comment on its proposal for 60 days following publication of the proposed action in the Federal Register.

For more information on the rule:<link> http://www.epa.gov/ttn/oarpg/t3fs.html

Flexible Air Permits Proposed to Prevent Pollution and Paperwork

Contact: John Millett, (202) 564-4355 / millett.john@epa.gov

EPA is proposing changes to air quality permitting rules to encourage pollution prevention; provide increased flexibility, enable industrial facilities to make rapid changes to respond to market demands; save resources for state permitting authorities, and improve public information.

The proposed changes would affect both EPA's operating permits and New Source Review (NSR) programs. Under the proposed changes to the operating permits program, a facility with a flexible permit would explain its operational plans and possible changes to those plans for the duration of the permit term &ndash; typically 5 years. The state, local or tribal air quality permitting authority would include permit conditions to ensure protection of public health and the environment for all of those operating conditions. These flexible permits do not provide approval for operational changes not within the scope of conditions considered at the time of the permit application, and facilities would still be required to meet their requirements under the Clean Air Act.  

The proposed revisions to the NSR program would govern when advance approvals of certain changes would be appropriate.

EPA and states have been testing many of the flexible permitting approaches for more than a decade. Based on the agency's evaluation of pilot projects, EPA expects that these proposed changes will promote significant environmental and economic benefits, while reducing administrative workload for both permitting authorities and facilities.

EPA will accept comment on this proposed rule for 60 days after it is published in the Federal Register.   

More about the proposal: http://epa.gov/nsr/actions.html#aug07

The U.S. Environmental Protection Agency has released the first set of Hazard Characterizations on 101 High Production Volume (HPV) chemicals. These characterizations are based on EPA&rsquo;s scientific review of the screening-level hazard, or toxicity, data that was submitted by the U.S. chemical industry through EPA&rsquo;s HPV Challenge Program or other information previously collected by the agency. 

 The HPV Challenge Program challenged companies to provide the public with basic health and safety data on chemicals that are manufactured in excess of a million pounds a year. The hazard characterizations include a summary of the data submitted, EPA&rsquo;s evaluation of the quality and completeness of the data, and an assessment of the potential hazards that a chemical or chemical category may pose. EPA will combine this information with human and environmental exposure information collected from EPA&rsquo;s Inventory Update Reporting to develop a risk characterization and, based on that review, determine if additional action is needed to ensure the safety of the HPV chemicals&rsquo; manufacture and use.   

The agency intends to use this approach to assess risks and identify and take needed action on 3000 HPV chemicals by 2012. This was one of the elements of the North American chemical cooperation commitment announced by the U.S., Canada and Mexico at the Security and Prosperity Partnership North American Leaders&rsquo; Summit in Canada in August. For additional information on this announcement, visit the HPV Challenge Program Web site at www.epa.gov/hpv.

EPA will continue to prepare and periodically post additional HPV chemical hazard characterizations as they are developed. The agency also intends to post risk characterizations on chemicals when they are developed and completed, beginning later this year. 

 Review the first set of hazard characterizations: http://iaspub.epa.gov/oppthpv/hpv_hc_characterization.get_report