Regional Haze SIP - Schedule For Action On Ohio Plan

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans (including Ohio), designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. The dates for action on the Ohio regional haze SIP are:
Proposed Promulgation: January 17, 2012
Final Promulgation: May 15, 2012

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Amendments To Ohio Water Quality Trading Rules

The Ohio Environmental Protection Agency (OEPA) has proposed changes to the rules that govern trading programs for wastewater discharge permits issued by the State. Ohio Administrative Code (OAC) 3745-5 provides the administrative requirements for the development and implementation of water quality trading programs in Ohio. A majority of the revisions consist of minor updates to references and grammatical edits. In addition, the following specific changes are being considered:

Rule 03 – Revising rule to state that use of a water quality credit shall not cause or contribute to a violation of water quality standards. Adding provision that nonpoint source load reductions funded through Ohio EPA’s Water Resource Restoration Sponsor Program are not eligible to generate water quality credits
Rule 04 – Adding date by which two existing trading programs must submit water quality trading management plans
Rule 06 – Changing the size of the hydrologic unit codes that must be used when identifying areas where nonpoint source projects might be located
Rule 11 – Identifying additional compliance-related provisions that will be included in NPDES permits when the permittee is participating in a water quality trading program.
Rule 14 – Revising language to include biological and stream habitat parameters in ambient water quality monitoring plans

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Most Efficient Designation Label For Consumer Products

U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) have announced a new product recognition label for the most energy-efficient products in their category. The new designation of “Most Efficient” aims to provide all manufacturers with an incentive for greater product energy efficiency while providing consumers new information about the products that comprise the top tier in the categories.

Products that receive the Most Efficient designation demonstrate exceptional efficiency performance. The Most Efficient recognition will represent approximately the top 5% of models on the market in the following categories: clothes washers, heating and cooling equipment, televisions, and refrigerator-freezers.

Consumers will be able to identify Most Efficient products on the Energy Star website and in stores by looking for the Most Efficient designation. In addition to meeting established performance requirements, products must also be Energy Star qualified and certified by an EPA-recognized certification body. EPA is encouraging manufacturers to submit products that meet the requirements for recognition.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

EPA Revokes CBI For Some TSCA Studies

U.S. Environmental Protection Agency has made public the identities of more than 150 chemicals contained in 104 health and safety studies that had previously been claimed confidential by industry. For these 104 studies, the chemical identity will no longer be redacted. The chemicals involved are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

In 2010, EPA requested that the industry voluntarily declassify unwarranted claims of confidential business information (CBI). The agency also issued new guidance outlining plans to deny confidentiality claims for chemical identity in health and safety studies under the Toxic Substances Control Act (TSCA). Based on this guidance, EPA notified a number of companies in February 2011 that the agency had determined that their CBI claim was not eligible for confidential treatment under TSCA and that EPA intended to make the information public. The health and safety studies include some declassified by the agency and other voluntary declassifications by companies in response to EPA’s 2010 request.

In addition to these actions, EPA has recently taken other steps to make chemical information more readily available. The agency has provided the public with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites. EPA also launched a new chemical data access tool gives the public the ability to electronically search EPA’s database of more than 10,000 health and safety documents on a wide range of chemicals.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Summary of Revised Industrial Stormwater Permit Requirements In Ohio

Ohio EPA has completed public comment on its proposed draft industrial multi-sector permit, and plans to issue the NPDES industrial general permit renewal in May with an effective date of June 1, 2011.

Currently, Ohio EPA plans to mail renewal notices to all permittees of the current industrial general permit (OHR000004) in mid-June. The renewal notice will include a blank NOI application form to submit to Ohio EPA within 90 days to continue general permit coverage until May 31, 2016.

The 90-day period is intended to allow permitted facilities with sufficient time to:

1. Select, design, install, and implement control measures to meet numeric and non-numeric effluent limits in the new permit;and
2. Develop a new SWPPP according to the requirements in the new permit.

[click here to review a Regulatory Briefing on the new SWPPP and permit compliance requirements]

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

OEPA Draft Industrial Permit - Storm Water Benchmark Sampling

The proposed stormwater monitoring requirements in the proposed General Permit for Storm Water Discharges Associated with Industrial Activity (Multi-Sector General Permit, or MSGP) include both effluent monitoring requirements for some facilities and benchmark monitoring requirements for most permitted facilities in Ohio. Consistent with the US EPA MSGP, the OEPA draft permit contains numeric effluent limitations based on Effluent Limitations Guidelines for Sectors A, C, D, E, J and O. [more information on difference between effluent limitations and benchmark concentrations]

The Ohio MSGP requires benchmark monitoring, specific for each industrial sector, for pollutant parameters which US EPA has determined to be of concern by industrial sector. The draft Ohio general permit requires that 19 of the 29 industrial sectors perform benchmark analytical monitoring. The benchmark monitoring requirements are not effluent limitations. Benchmark values represent a level to determine whether a facility’s SWP3 is effective.

The benchmark monitoring is based on a collection of 4 quarterly samples. If the average of the 4 monitoring values for any parameter does not exceed the benchmark value, the permittee has fulfilled their monitoring requirements for that parameter for the permit term. If this average exceeds the benchmark for a parameter, then the permittee will need to review their SWP3 and control measures and modify accordingly. Additional monitoring would be required. The US EPA MSGP’s primary source of benchmark concentrations is derived from EPA’s National Water Quality Criteria. For a majority of the benchmarks, USEPA used the acute aquatic life, fresh water ambient water quality criteria. USEPA believes these acute freshwater values best represent the highest concentrations at which typical fresh water species can survive exposures of pollutants for short durations, such as a storm discharge event.
[read recent comparison of benchmark concentrations to typical industrial sector monitoring data]

Ohio EPA evaluated each benchmark monitoring parameter and followed US EPA’s methodology, but used Ohio Water Quality Criteria when available. As such, some US EPA benchmark values have been changed to be consistent with Ohio Water Quality Criteria. The benchmark values of some metals are dependent on water hardness. For these parameters, permittees will need to determine the hardness of the receiving water to determine the benchmark concentration that applies to their facility. Depending on the condition of the receiving water, benchmark values for heavy metals can vary widely between facilities.

Caltha LLP provides expert consulting services to public and private sector clients in Ohio & nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWP3), Stormwater Monitoring (including determination of the effects of receiving water hardness on benchmark concentrations), and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Benchmarks For Metals In Ohio Industrial MSGP

The Ohio Environmental Protection Agency (OEPA) has released its draft Multi-sector General Permit (MSGP) which, once finalized, will replace the existing industrial stormwater discharge general permit, which will expire on May 31, 2011. The draft MSGP is modeled after the US EPA MSGP, released in 2008, and is significantly different compared to the existing Ohio permit.

One of the key changes is the requirement for most permitted facilities to conduct benchmark monitoring of their industrial storm water discharge. Results are compared to a list of sector-specific benchmark concentrations to determine if improvements to the stormwater pollution prevention program are needed, and whether or not further benchmark monitoring is needed.

The benchmark concentrations for each sector are listed in the permit, with several important exceptions. These are benchmarks for seven metals:

• Beryllium




• Cadmium




• Copper




• Lead




• Nickel




• Silver




• Zinc
  

The benchmarks for these chemicals must be calculated for each individual facility based on the hardness of the receiving water, which each facility must determine. This will require individual facilities or groups of facilities to collect additional samples and do additional testing prior to starting their benchmark monitoring program.

The necessity to determine site-specific stormwater benchmarks only affects certain Ohio discharges, includes some or all facilities in fall into ten of the industrial sectors:

Sector A – Timber Products
Sector C – Chemical and Allied Products Manufacturing, and Refining
Sector F – Primary Metals
Sector G – Metal Mining
Sector K – Hazardous Waste Treatment, Storage, or Disposal Facilities
Sector M – Automobile Salvage Yards
Sector N – Scrap Recycling and Waste Recycling Facilities
Sector Q – Water Transportation Facilities
Sector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
Sector AA – Fabricated Metal Products

Caltha LLP provides expert consulting services to public and private sector clients in Ohio and nationwide to address stormwater permitting & regulatory support, including determination of stormwater benchmarks for water hardness dependant metals, development of Stormwater Pollution Prevention Plans (SWPPP) using a SWPPP template prepared to meet the new permit requirements, stormwater monitoring and stormwater training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Storm Water Plan Template and Compliance Plan To Meet New OEPA General Permit

The Ohio Environmental Protection Agency (OEPA) has proposed a revised General Permit for Storm Water Discharges Associated with Industrial Activity (Multi-Sector General Permit, or MSGP. This permit will replace the existing Ohio general permit, which expires on May 31, 2011. The draft Ohio general permit is modeled after the US EPA MSGP and defines sector specific requirements for each of 29 different industrial sectors. For most facilities subject to the existing general permit, the revised MSGP will require a significant revision to the facility stormwater pollution prevention plan, or SWPPP.


To reduce the level of effort required for facilities to come into compliance with new permit requirements, Caltha LLP has prepared a SWPPP template based on Ohio permit requirements, including Ohio specific quarterly inspection checklist, quarterly visual assessment checklist, quarterly benchmark monitoring checklist, and an annual comprehensive site inspection checklist. Caltha has also prepared a Ohio Stormwater Permit Compliance Plan to assist permitted facilities in organizing and planning new compliance requirements under the OEPA general permit.


For further information on Caltha's Ohio SWPPP Templates, email: info@calthacompany.com


Caltha LLP provides expert consulting services to public and private sector clients in Ohio and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.




For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Regulation of Milk and Milk Products Under SPCC Rule

The U.S. Environmental Protection Agency (EPA) has exempted milk and milk product containers from the Oil Spill Prevention, Control and Countermeasure (SPCC) rule, potentially saving the milk and dairy industries more than $140 million per year. Based on input from the milk industry, EPA had previously delayed SPCC compliance requirements for milk and milk product containers until the mandated regulatory process could be completed. In January 2009, EPA proposed the rule to exempt milk containers from the SPCC rule. Milk production is already subject to certain construction and sanitary standards and requirements that help prevent spills.

The final exemption applies to milk, milk product containers, and milk production equipment. In addition, because some of these facilities may still have oil storage subject to the spill prevention regulations, EPA is also amending the rule to exclude milk storage capacity from a facility’s total oil storage capacity calculation. The agency is also removing the compliance date requirements for the exempted containers.

The SPCC regulations require facilities with the capacity to store more than the threshold quantity of oils and fats to create and implement plans to prepare, prevent and respond to spills. The current exemption for milk does not apply to fuel oil and other applicable oils stored on farms; farms that store above the regulatory threshold of fuel oil and other applicable oils are covered under the SPCC.

Caltha LLP provides specialized expertise to clients nationwide in the preparation and certification of SPCC Plans, development of emergency preparedness & response plans, and preparation of stormwater pollution prevention programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Chemicals Added To Safe Drinking Water Act Monitoring

U.S. Environmental Protection Agency (EPA) is proposing 30 currently unregulated contaminants for monitoring in water systems. Sampling will take place at all systems serving more than 10,000 people and at a representative sampling of systems serving less than 10,000 people.

Under the Safe Drinking Water Act (SDWA), EPA currently regulates more than 90 contaminants in drinking water. The SDWA requires that EPA identify up to 30 unregulated contaminants for monitoring every five years. This current proposal is the third Unregulated Contaminant Monitoring Regulation and includes requirements to monitor for two viruses and 28 chemical contaminants that could be present in drinking water and do not currently have health-based standards.

EPA is requesting public comment on the proposed list of 30 contaminants until May 2, 2011. EPA anticipates finalizing the list in 2012, with sampling to be conducted from 2013 to 2015.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

TSCA Confidential Business Information Claims Denied

The U.S. Environmental Protection Agency has notified five companies that the identities of 14 chemicals associated with a number of health and safety studies submitted under the Toxic Substances Control Act (TSCA) and claimed as confidential are not eligible for confidential treatment. Last year, EPA put in place a plan to review confidentiality claims for the name of chemicals addressed in health and safety studies. Under these new procedures EPA is moving to declassify many chemical identities so they are no longer secret. EPA expects that more chemical names connected with health and safety studies will be released in the future. The agency plans to deny confidentiality claims for chemical identity in health and safety studies provided to the agency under TSCA unless the chemical identity contains process or mixture information that is expressly protected by the law.

EPA has begun reviewing past CBI claims for chemical identity in health and safety studies. Where EPA determines that the information is not eligible for confidential treatment under the law, the agency will notify companies of the determination and that EPA will make the information public on the 31st day after receiving the determination unless the company challenges the disclosure in federal court.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website