Jun 7, 2016

New EPA Proposal Would Remove CERCLA, RCRA Exemptions from Air Emissions Rules

On May 12, 2016, the EPA proposed a rule (RIN 2060-AN36) which would remove the exemption for site cleanup activities under the hazardous waste statutes from the emissions standards for hazardous air pollutants under the Clean Air Act.  The proposed rule would amend the National Emission Standards for Hazardous Air Pollutants (“NESHAP”), Site Remediation Rule, to include activities taken under CERCLA and RCRA, as well as RCRA corrective actions and orders. Under the amended rule, the NESHAP permitting requirements would apply to site activities that involve the removal and treatment of hazardous substances from soil or groundwater, the removal of… Read more

Apr 7, 2015

EPA Sets Stricter NESHAP Standards for Off-Site Waste and Recovery Operations

Effective immediately, a new EPA rule (RIN 2060-AR47) updates the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for off-site waste and recovery operations. This rule implements more stringent toxic air pollutant requirements for process vents and tanks at facilities which treat, recover and/or dispose waste, used solvents, or used oil. The EPA rule will also enforce more stringent leak detection and repair requirements for valves and pumps. The rule requires new and existing affected sources to comply with 40 C.F.R. Part 63, Subpart H rather than 40 C.F.R. Part 61, Subpart V, including Subpart H requirements for connectors in… Read more

Jan 14, 2013

Chemical Industry Disappointed by EPA Final Revised Air Toxics Rule for Area Sources

  On December 14, 2012, EPA issued its final revised air toxics rule for “area” source chemical manufacturing facilities, after OMB completed its review the same day.  The final rule revises a national emission standard for hazardous air pollutants (NESHAP) rule that dates back to a Bush Administration proposal in 2008, that was modified by the Obama Administration when the rule was initially issued in 2009.  In the 2009 rule, the Obama EPA chose not to exempt from Title V permitting requirements “major sources that became synthetic area sources by installing air pollution controls after 1990.”  The Bush EPA had proposed… Read more