California Toxic Release Inventory TRI Reporting Summary 2009

Toxics managed, treated or released into the environment from facilities operating in California decreased by 14% in 2009 when compared to 2008, according to the latest data available from the U.S. EPA. The 6 million pound decline reflects reported decreases in air, water, and land disposals, releases and off-site transfers. California releases were better than the national average, where there was a 12% decrease in total reported releases into the environment from 2008 to 2009. The number of facilities reporting chemical releases decreased 7% nationally.

Data from 2009 in California shows:

• Total reported on-site and off -site disposals and releases decreased 21% due primarily to decreases across all media—air, water and land releases and off-site transfers, with the exception of an increase in underground injections
• Air releases decreased by 25% (3.2 million pounds)
• Water releases decreased by 24% (523,491 pounds)
• California reported an increase in underground injection releases of 267% (279,802 pounds since 2008)
• The top five released chemicals are lead, zinc and zinc compounds, ammonia, and asbestos.
• In California, 7 million pounds of total releases of persistent bioaccumulative and toxic chemicals (PBTs) were reported, a 16% decrease or 1.3 million pounds. Lead and lead compounds top the list.
  

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California GHG Permit Program Update Required

The U.S. Environmental Protection Agency (EPA) is moving forward with its plan to require certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These updates are required to ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s “Tailoring Rule”.

California is one of 13 states that EPA has identified need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include: Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

The Clean Air Act requires states to develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.

In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources are not covered by these GHG permitting requirements.

Related links:
Proposed EPA GHG Tailoring Rule

Additional background on greenhouse gas GHG permitting requirements

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CESQG Requirements Proposed To Become Federally Enforceable

California has applied to EPA for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed California's application and made the tentative decision that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State's changes.

EPA is also proposing that the State's requirements regulating facilities that are conditionally exempt from the federal rules as Conditionally Exempt Small Quantity Generators (“CESQGs”) be treated as more stringent than federal requirements, thereby making these provisions federally enforceable.

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

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Permit Fee Increase for Storm Water and NPDES Permits

The California State Water Resources Control Board is considering emergency measures that will result in a significant increase the fees charged to stormwater permittees. And other permittees holding NPDES discharge permits.

According to the State Board, the increase is needed to respond to both reductions in revenue generated and increased program costs. The shortfall in revenue is a result of under-collection of revenue in the Surface Water Ambient Monitoring Program (SWAMP) in FY 2009-10 and a substantial drop in enrollment under the State Water Board’s recently adopted storm water construction permit. In July 2009, the State Water Board adopted Order 2009-0009-DWQ requiring storm water construction dischargers to enroll in a new storm water construction permit by July 1, 2010. Approximately 64 % of previous storm water construction permit holders did not renew their permits by the deadline and have been terminated from coverage. Many of these permittees did not reenroll because of a decline in construction activity. At the same time, the downturn in the construction industry has resulted in a reduction of the number of new permits being issued.

During the same period, costs increased substantially due to a shift in funding for basin planning from General Fund support to fee support and a return to full payroll costs due to the discontinuance of the furlough program.

According to the State Board, the Storm Water program needs to generate an additional $4.4 million in revenue to meet the FY 2010-11 Budget, which translates to a 21.5 % increase to all Storm Water fee categories.

The NPDES program needs to generate an additional $6.4 million in revenue to meet the FY 2010-11 Budget. This translates to a 31.4 % increase to all NPDES fee categories.

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

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Focused RCRA Inspections and Enforcement in Sothern CA

U.S. EPA is pursuing enforcement against nine southern California metal finishing companies for violations of federal hazardous waste laws. As a result of these enforcement actions, all nine companies returned to compliance with federal law and paid fines ranging from $2,000 to $48,500. One company also agreed to attend Compliance School in which employees are trained in appropriate on-site hazardous waste management techniques.

Metal finishers typically generate hazardous wastes like: acids and sludges that contain heavy metals such as chromium, cadmium, and lead; spent plating solutions containing metals or cyanides; flammable liquids; and, both alkaline and acidic corrosive liquids.

During 2010, EPA targeted the metal finishing industry for inspections in in Los Angeles, Rosemead, Sun Valley, Compton, Van Nuys, South El Monte and Santa Clara, California. The significant violations found during the inspections included:

• Failing to maintain the facility to minimize the possibility of a release of hazardous waste to air, soil, or surface water
• Failing to label containers of hazardous waste
• Failing to properly characterize wastes,
• Failing to close containers of hazardous waste,
• Failing to prepare or meet the requirements of a contingency plan,
• Failing to provide proper training,
• Failing to inspect hazardous waste storage areas, Storage of hazardous waste for over 90 days without a permit
  

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

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Stormwater Rule Small Business Review Panel

U.S. Environmental Protection Agency (EPA) is inviting small businesses and municipalities to nominate representatives to provide input on a proposed stormwater rule. The rule would strengthen the national stormwater program under the Clean Water Act (CWA) and focus on stormwater discharges from developed sites, such as subdivisions, roadways, industrial facilities, and commercial buildings or shopping centers.

Selected participants would provide input to a Small Business Advocacy Review panel, which will consist of officials from EPA, the U.S. Small Business Administration and the Office of Management and Budget. As required by the Regulatory Flexibility Act, EPA is establishing this panel because the rule could have a significant economic impact on small entities. The representatives will provide input on how EPA can minimize the potential burden on small entities of the proposed regulation. Nominations must be received by August 4, 2010.

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

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NPDES Electronic Reporting Rule Stakeholder Meeting

US EPA has scheduled a meeting to discuss the NPDES Electronic Reporting Rule.
With this rulemaking, EPA hopes to improve management and performance of the NPDES program by requiring electronic reporting of NPDES information from regulated facilities. This will reduce the burden for facilities to report to regulatory agencies and for states to report to EPA.

This meeting will be used to discuss electronic reporting alternatives for submission of NPDES information directly to states and/or EPA from permittees. Topics include the feasibility of requiring electronic reporting in areas such as electronic discharge monitoring reports (eDMRs), electronic notice of intent (eNOI), and electronic program reports. The purpose of this meeting is to give interested parties the opportunity to discuss the proposed rule and to provide feedback.

The meeting will be held on Tuesday, July 13, 2010 from 1 - 3 p.m. The meeting location is Room 1117A EPA East, 1201 Constitution Ave., NW., Washington, DC 20460.

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

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California Spill Prevention - Response - SPCC Plan

Spill Prevention, Control & Countermeasure – SPCC Rule Compliance 40 CFR 112
SPCC Plans and State Spill Control and Spill Reporting Requirements

Caltha LLP provides technical support to facilities nationwide to comply with US EPA Spill Prevention, Control & Countermeasure (SPCC) Rules (40 CFR 112) and State-specific spill prevention, spill preparedness and spill reporting requirements. Caltha provides SPCC Plan services in a number of flexible formats, ranging from turn-key services where we provide a complete SPCC Plan, to ad hoc technical guidance to facility or corporate staff as they prepare Plans and compliance programs. Caltha also provides technical support in developing and implementing SPCC Inspection programs, and in developing and presenting annual SPCC Training.

Caltha specializes in assisting smaller to medium sized facilities that qualify for self certification of their SPCC Plan and/or qualify to use the SPCC Template Plan format. The SPCC Rule (40 CFR 112) now allows SPCC Plans to be self-certified (no PE certification required) by facilities, if they meet a certain conditions. Some facilities, “Tier I Facilities”, can also use a streamlined SPCC Plan format, the SPCC Template Plan. For Tier I Qualifying facilities, the facility must also certify that it meets all the requirements necessary to use the SPCC Template Plan format. All "self-certified" SPCC Plans, including those using the SPCC Template Plan format, will still need to be signed by a responsible person on behalf of the facility.

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Pesticide Application General Permit

U.S. Environmental Protection Agency (EPA) has released a proposed new permit with requirements that would regulate the amount of pesticides discharged to Waters of the US. This proposed general permit is in response to an April 9, 2009 court decision that found that pesticide discharges to U.S. waters were pollutants, and therefore requiring an NPDES permit.

The proposed permit would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment and monitor for and report adverse incidents. Additional controls, such as integrated pest management practices, are built into the permit for operators who exceed an annual treatment area threshold.

The agency plans to finalize the permit in December 2010, and have it take effect April 9, 2011. Once finalized, the pesticide general permit will be used in states, territories, tribal lands, and federal facilities where EPA is the authorized permitting authority. In the remaining 44 states, states will issue the pesticide general permits. EPA has been working closely with these states to concurrently develop their permits.

EPA will hold three public meetings, a public hearing and a webcast on the draft general permit to present the proposed requirements of the permit, the basis for those requirements and to answer questions. EPA will accept written comments on the draft permit for 45 days after publication in the Federal Register.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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CA/EPA Preproduction Plastic Debris Program

n 2007, Assembly Bill (AB) 258 was passed, and became effective January 1, 2008, which added Chapter 5.2 to Division 7 of the California Water Code, section 13367. Chapter 5.2 entitled “Preproduction Plastic Debris Program”. This law applies to facilities in California that manufacture, handle, or transport preproduction plastics.

The State Water Board has issued an investigative order to all plastic-related facilities enrolled under the IGP to conduct a Self-Compliance Evaluation and to provide the State Water Board with information needed to satisfy the legislative mandates in AB 258. Facilities subject to this order must complete an online evaluation and assess their points of potential preproduction plastics discharge and means of controlling these discharges.

California preproduction plastic and debris regulation

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State Water Board Preproduction Plastic Debris Program

In 2007, Assembly Bill (AB) 258 was passed, and became effective January 1, 2008, which added Chapter 5.2 to Division 7 of the California Water Code, section 13367. Chapter 5.2 entitled “Preproduction Plastic Debris Program”. This law applies to facilities in California that manufacture, handle, or transport preproduction plastics.

Preproduction plastic is the raw plastic resin materials that are molded into finished plastic products. Preproduction plastics are often produced in a resin pellet format, occasionally termed as “nurdles.” These small, 1- to 5- mm diameter pieces are produced in various shapes, colors, and plastic types. Preproduction plastic resins are also produced in powder, granule, and flake form.

To implement the propgram, State and Regional Water Board staff conduct compliance inspections of various types and scales of preproduction plastic manufacturing, handling, and transport facilities enrolled under California's Industrial General Permit (IGP) for storm water discharges. Additionally, the Los Angeles Regional Water Quality Control Board has conducted inspections of facilities suspected to be "non-filers," or facilities subject to the permit, but have not enrolled.

The State Water Board has issued an investigative order to all plastic-related facilities enrolled under the IGP to conduct a Self-Compliance Evaluation and to provide the State Water Board with information needed to satisfy the legislative mandates in AB 258. Facilities subject to this order must complete an online evaluation and assess their points of potential preproduction plastics discharge and means of controlling these discharges.

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

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Pesticide Rulemaking Proposed - Inert Ingredient Diclosure

The U.S. Environmental Protection Agency is requesting public comment on options for disclosing inert ingredients in pesticides. In this anticipated rulemaking, EPA is seeking ideas for greater disclosure of inert ingredient identities. Inert ingredients are part of the end use product formulation and are not active ingredients. Pesticide manufacturers usually disclose their inert ingredients only to EPA. Currently, EPA evaluates the safety of all ingredients in a product’s formulation when determining whether the pesticide should be registered.

On October 1, 2009, EPA responded to two petitions to designate more than 350 inert pesticide ingredients as hazardous. The petitioners asked EPA to require that these ingredients be identified on the labels of products that include them in their formulations.

EPA is accepting comments on the advance notice of proposed rulemaking for 60 days after it has been published in the Federal Register.

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Revision to SNUR Rule

EPA has announced Significant New Use Rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 15 chemical substances, which were the subject of premanufacture notices (PMNs). Three of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. The effective date of this rule is April 2, 2010, unless EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments before March 3, 2010.

This action requires persons who intend to manufacture, import, or process any of these 15 chemical substances for an activity that is designated as a significant new use by the rule to notify EPA at least 90 days before commencing that activity. The notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs before March 3, 2010, EPA will withdraw the relevant sections of the final rule before its effective date. EPA will then issue a proposed SNUR for the chemical substance(s) on which adverse or critical comments were received, providing a 30–day period for public comment.

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CEQ Mitigation Guidance Under NEPA

The Council on Environmental Quality (“CEQ”) has issued its “Draft Mitigation Guidance” outlining requirements for monitoring and reporting the status of substantive mitigation of impacts identified following NEPA reviews. CEQ will accept public comments on the Draft Mitigation Guidance until May 24, 2010.


CEQ’s Draft Mitigation Guidance directs federal agencies, during the environmental review process to:

• Establish binding commitments for mitigating adverse environmental impacts identified by the reviewing agencies, and to enforce those commitments through their existing legal authorities;
• Monitor (or require monitoring of) the implementation and effectiveness of mitigation measures; and
• Make the results of their monitoring available to the public, preferably through the lead agency’s web site.
  

NEPA regulations define “mitigation” as measures to avoid, minimize, rectify, reduce, or compensate for environmental impacts. The regulations require that a federal agency discuss possible mitigation measures in defining the scope of an EIS, in discussing alternatives to the proposed action and the consequences of the proposed action and its alternatives, and in explaining its ultimate decision.

The Draft Mitigation Guidance would direct agencies to create, as part of their NEPA implementing procedures, processes to ensure that mitigation actions relied upon in a mitigated FONSI (“Finding of No Significant Impact”) or that are part of the proposed action in an EIS are documented, and that implementation plans are created to ensure the mitigation is carried out. The guidance directs that the mitigation commitment be clearly documented in NEPA documents and in decision documents such as the Record of Decision. The guidance also suggests methods for ensuring that mitigation is implemented, such as attaching conditions to financial agreements, grants, permits, or other approvals, or conditioning federal funding on implementing mitigation.

The draft guidance also calls for inclusion of adaptive management as part of the agency’s action, so that some response may be required if mitigation fails. It suggests that if mitigation supporting a mitigated FONSI fails, then an EIS may be required. It concludes that the agency decision should be structured so that a substantial mitigation failure triggers further action by the agency.

The existing NEPA regulations require agencies may provide for monitoring to assure that their decisions are carried out and should do so in important cases. The Draft Mitigation Guidance identifies two forms of monitoring: implementation and effectiveness. The objective of implementation monitoring is to document that promised mitigation is actually carried out. Effectiveness monitoring is more qualitative: it should evaluate whether the mitigation achieves its objectives.

The existing NEPA regulations also indicate that “upon request” lead agencies should make available to the public the results of relevant monitoring. The Draft Mitigation Guidance seeks to convert this duty to respond into an affirmative obligation to push information on mitigation monitoring out to the public.

For more information, go to Environmental Review services page

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