California Industrial General Permit Industrial Storm Water Permit Update

The California Water Board has released an update regarding the status of the State Water Board’s reissuance of the NPDES General Permit for the Discharge of Storm Water associated with Industrial Activities (Industrial General Permit, or IGP). State Water Board staff are working to address the comments received on the previous draft of the Industrial General Permit released on July 16, 2012.

Read a summary of the 2012 Industrial General Permit

The Board expects to release a final draft of the Industrial General Permit, its attachments and supporting documents by April 2013. They also plan to post responses to the comments received in October 2012. This final draft will be opened for a public comment period of least 45 days. The State Water Board also plans to hold a formal workshop on May 8, 2013, where the board will accept oral comments.

After the close of the public comment period staff expect to review the new comments, revise the permit as necessary, and queue it up the revised General permit for the State Water Board’s consideration during Summer 2013.

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Preliminary Draft of Potential California Hydraulic Fracing Rules

On December 18, the California Department of Conservation/Division of Oil, Gas, and Geothermal Resources released a draft of regulations covering hydraulic fracturing. The Division says the draft regulations are a "discussion draft," meaning the version does not begin a formal rulemaking process, but rather, starts the discussion by key stakeholders, such as industry, environmental groups, regulators, and any interested members of the public. The discussions will help prepare for the more formal rulemaking process, which is expected to begin by February 2013.

The discussion draft regulations touch on topics such as:

• Pre-fracturing well-testing;
• Advance notification;
• Monitoring during and after drilling operations;
• Disclosure of fracturing fluid materials;
• Confidential business information; and
• Handling of hydraulic fracturing fluids; and
• Storage of hydraulic fracturing fluids.

The proposed regulations would require hydraulic fracturing operators to publicly disclose detailed information about their operations, including a complete list of chemicals, and their concentrations. If the material is a trade secret, then operators must inform the public of its chemical family or use a similar method to describe it. The Division will accept written comments until 45 days after the formal rulemaking begins.

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Grants To Restore San Francisco Bay Watershed

Grants to state and local agencies, and non-profit organizations totaling $6.5 million have been awarded to restore water quality and wetlands throughout the San Francisco Bay watershed. Grants range from $75,000 to $1.5 million and will support ten projects that prevent pollution, restore streams and tidal marshes, and manage floodwaters. The projects are funded under EPA’s San Francisco Bay Water Quality Improvement Fund that has invested over $28 million in 48 projects across the Bay region since 2008.

The project summaries, partner agencies/organizations, and funding amounts are:

1. Restore Wetlands at Creek Mouths ($1.55 million, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Redesign flood control channels to restore wetland habitat, water quality, and shoreline resilience at three creek mouths: San Francisquito, Lower Novato, and Lower Walnut Creeks. Restore over 100 acres of tidal marsh and re-use 70,000 cubic yards of clean sediment from dredging projects.
2. Continue Reducing Sediment Loads into the Napa River ($1.5 million, in partnership with Napa County Flood Control District): Complete instream restoration of the Rutherford Reach and begin restoration of the Oakville Reach to reduce sediment loads into Napa River.
3. Restore Quartermaster Reach – Presidio ($1 million, in partnership with Golden Gate National Parks Conservancy): Restore 1,050 feet of creek channel, 3.3 acres of dune-coastal scrub upland, and 4.7 acres of previously buried tidal marsh adjacent to the Crissy Field wetlands.
4. Site Preparation of Sears Point Tidal Marsh Restoration ($941,000, in partnership with Sonoma Land Trust): Prepare for restoration of 960 acres of tidal marsh in the San Pablo Bay National Wildlife Refuge through removal of contaminated soil, construction of a 2.5 mile levee to manage floods, and contouring the site to accelerate sediment accumulation.
5. South Bay Salt Ponds Mercury Studies ($500,000, in partnership with California State Coastal Conservancy): Conduct methylmercury studies within the 15,000-acre South Bay Salt Pond complex to support tidal wetlands restoration of ponds.
6. Reduction in Packaging at Fast Food Establishments ($257,000, in partnership with Clean Water Fund): Develop source reduction programs for takeout food containers, the largest documented contributor of trash in urban waterways that flows into SF Bay, and, with partner cities, conduct outreach at fast food establishments.
7. Reduction in Household Use of Toxic Pesticides ($250,000, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Use social media and direct outreach to consumers and retailers to promote less-toxic pesticides and pesticide free practices. Project aims to shift Bay Area households towards using less-toxic pesticides.
8. Improve Water Quality and Wetlands at Sonoma Creek Marsh ($235,000, in partnership with Audubon California): Enhance 300 acres of tidal marsh within Sonoma Creek marsh by excavating a new channel. Dredged channel material will be used to create wildlife habitat and improved tidal exchange will reduce the need for pesticides used to control mosquitoes.
9. Restore Alameda Creek ($181,000, in partnership with Alameda County Resource Conservation District): Establish stream buffers, restore stream channels and riparian corridors, improve grazing practices, and upgrade rural roads in three subwatersheds of Alameda Creek.
10.  Improve Fish Passage on San Francisquito Creek ($75,000, in partnership with San Mateo Resource Conservation District): Remove Bonde Weir and redesign the creek channel to re-open access to 40 miles of upstream spawning habitat for steelhead.

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Water Quality Action Plan for San Francisco Bay Delta

The U.S. Environmental Protection Agency has released an Action Plan that proposes seven measures for improving water quality, restoring aquatic habitat, and improving the management of the San Francisco Bay Delta Estuary. The release of the Action Plan follows the agency’s analysis concluding that existing federal and state water quality programs are not adequately safeguarding the ecosystem. The Action Plan responds to findings and recommendations made following EPA’s Advance Notice of Proposed Rulemaking in 2011 that sought public input on the effectiveness of existing federal and state water quality protection programs.

The Action Plan prioritizes the following seven actions to be pursued in partnership with the State Water Resources Control Board, the Regional Water Boards for the Central Valley and San Francisco Bay, the California Department of Pesticide Regulation, and numerous other state and federal agencies:

1. By 2013, propose a standard for selenium discharges from cities, farms, and oil refineries;
2. By 2013, achieve organophosphate pesticide water quality goals in Sacramento County urban streams;
3. By 2014, set new estuarine habitat standards, including salinity, to improve conditions for aquatic life;
4. By 2017 establish a monitoring and assessment program for water quality in the Delta;
5. Ensure that EPA’s pesticide regulation program more fully considers the effects that pesticides have on aquatic life;
6. Restore and rebuild wetlands and floodplains to sequester drinking water contaminants, methylmercury, and greenhouse gases and make the Delta more resilient to floods, earthquakes, and climate change;
7. Support the development and implementation of the Bay Delta Conservation Plan.

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Draft California Industrial General Permit Summary

In July 16, 2012, the California State Water Resources Control Board (State Water Board) published its third draft of its proposed “General Permit For Storm Water Discharges Associated With Industrial Activities, NPDES No. CAS000001” or “IGP”. This permit covers stormwater discharges from certain types of industrial and “industrial-like” operations that are required to have a stormwater discharge NPDES permit. NPDES permits, including general permits, are typically reissued on a 5- year cycle. However, the current IGP has been in effect since 1997.

The proposed permit includes numerous significant changes to the compliance requirements in California. These changes are in response to new Federal requirements for industrial stormwater discharges (most notably the 2008 EPA Multisector General Permit, or MSGP), changes recommended by State Water Board staff, recommendations from a “blue ribbon panel of experts” convened in 2005-2006, and several court actions.

Read a Regulatory Briefing on the Draft California Industrial Permit

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Phase Out of Vapor Recovery Systems At Gas Stations

The U.S. Environmental Protection Agency (EPA) has determined that the systems used at gas station pumps to capture gasoline vapors while refueling cars can be phased out. Modern vehicles are equipped to capture those emissions. This final rule is part of initiatives to ensure that regulations protect public health and the environment without being unnecessarily burdensome.

Beginning later this year, states may begin the process of phasing out vapor recovery systems at the pump since approximately 70% of all vehicles are equipped with on-board systems that capture these vapors. This final rule will ensure that air quality and public health are protected while potentially saving the approximately 31,000 affected gas stations located in mostly urban areas more than $3,000 each year when fully implemented.

Since 1994, gas stations in areas that do not meet certain air quality standards have been required to use gasoline vapor recovery systems. The systems capture fumes that escape from gasoline tanks during refueling. However, as required by the Clean Air Act, automobile manufacturers began installing onboard refueling vapor recovery (ORVR) technologies in 1998, making gas stations’ systems increasingly redundant. Since 2006, all new automobiles and light trucks (pickups, vans and SUVs) are equipped with ORVR systems.

The final rule responds to public comments on EPA’s July 2011 proposal, and will take effect upon publication in the Federal Register.

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California Coastal No Discharge Zone Approved

U.S. EPA has approved a California state proposal to ban all sewage discharges from large cruise ships and most other large ocean-going ships to state marine waters along California’s 1,624 mile coast from Mexico to Oregon and surrounding major islands. The action establishes a new federal regulation banning even treated sewage from being discharged in California’s marine waters.

California Senate Bill 771, the Clean Coast Act which prohibits all commercial ships from dumping hazardous waste, sewage sludge, oily bilge water, “gray water” from sinks and showers, and sewage in state waters. SB 771 also required California to petition the federal government for a ‘No Discharge Zone’ to enforce the bill’s anti-dumping provisions.

Under the Clean Water Act, states may request EPA to establish vessel sewage no-discharge zones if necessary to protect and restore water quality. In 2006, following passage of three state statutes designed to reduce the effects of vessel discharges to its waters, the State of California asked EPA to establish the sewage discharge ban. After releasing the proposed rule in 2010, EPA considered some 2,000 comment letters from members of the public, environmental groups, and the shipping industry before finalizing the regulation.

In contrast to prior no-discharge zones under the Clean Water Act, which apply in very small areas, the new ban applies to all coastal waters out to 3 miles from the coastline and all bays and estuaries subject to tidal influence. Other California no discharge zones for ten bays and marinas remain in effect for all vessels. Consistent with the State’s request , the new prohibition applies to all passenger ships larger than 300 tons and to all other oceangoing vessels larger than 300 tons with sewage holding tank capacity.

In addition to the discharge prohibition, other vessel sewage discharges will continue to be regulated under existing Clean Water Act requirements, which generally require sewage to be treated by approved marine sanitation devices prior to discharge. The State is also continuing to implement and strengthen other efforts to address sewage discharges from smaller vessels, including recreational boats, to state waters.

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California Department of Toxic Substances Control - EPA Agreement

The California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency have signed a formal agreement which outlines principles by which DTSC and EPA will cooperate to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and reduce the level of effort required for consumers and businesses to identify the components of the products.

This agreement will allow DTSC and U.S. EPA to minimize duplication of effort and promote consistency in their assessment methodologies. The agreement also creates a partnership between the two agencies and sets up a framework to collaborate on Green Chemistry issues related to California’s “Green Chemistry” program. The U.S. EPA’s Green Chemistry Program supports fundamental research in the area of environmentally benign chemistry as well as a variety of educational activities, international activities, conferences and meetings, and tool development, all through voluntary partnerships with academia, industry, other government agencies and non-government organizations.

DTSC’s informal draft Safer Consumer Products Regulations, scheduled to be finalized in 2012, will require manufacturers of selected products sold in California to identify safer alternatives to a potential range of 3,000 chemicals known to be harmful to public health and the environment. DTSC expects to release its draft Safer Consumer Products Regulations in early 2012 for public comment. The Regulations are a key element of California’s Green Chemistry Initiative signed into law in 2008.

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California Industrial Storm Water Permit Update

The California State Water Board posted a revised draft industrial stormwater general permit in January 2011 and accepted public comments through April 2011. Since that time the Board has been working to address the comments received on the previous draft.

The California State Water Board currently expects to release a new draft of the industrial permit and its attachments and supporting documents in early 2012. The Board anticipates at least a 60 day comment period, during which they plan to provide at least two, informal staff workshops and one, formal public hearing.

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Methyl Bromide Use Agreement With CDPR

U.S. EPA has entering into an agreement with the California Department of Pesticide Regulation (CDPR) to resolve a civil rights complaint filed in 1999 under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI prohibits intentional discrimination and discriminatory effects on the basis of race, color, and national origin by recipients of federal financial assistance. The complaint alleged that CDPR’s annual renewal of the registration of methyl bromide in 1999 discriminated against Latino school children based on the health impacts of this pesticide. The Office of Civil Rights’ analysis of pesticide use in California from 1995 to 2001, raised concerns that there was an unintentional adverse and disparate impact on Latino children resulting from the use of methyl bromide during that period. This concern was based on the high percentage of Latino children in schools near fields where methyl bromide was applied for the period from 1995-2001. EPA communicated its concerns to CDPR on April 22, 2011.

CDPR has agreed through this Agreement to expand on-going monitoring of methyl bromide air concentrations by adding a monitor at or near one of the Watsonville, CA area schools named in the original complaint. The purpose of the additional monitor is to confirm that there will be no recurrence of earlier conditions. CDPR will share the monitoring results with EPA and the public and will also increase its community outreach and education efforts to schools that are in high methyl bromide usage areas.

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California Industrial General Permit For Stormwater Discharge

The California Water Board has released on update on the status of the State industrial stormwater permit. On January 28, 2011, the California Water Board released a draft Industrial Activities Storm Water General Permit (IGP) for public comment. State Water Board staff are working on a new draft of the California industrial permit based on the comments received on the January 28, 2011, draft IGP. Currently the Water Board plans to release the new draft IGP before September 1, 2011. The Board expects to post the new draft IGP along with a hearing notice prior to September 1, 2011.

At the present time the California Water Board anticipates they will schedule a hearing for the new draft IGP in October or November of 2011.

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EPA Approves South Coast and San Joaquin Valley PM 2.5 Plans

The U.S. Environmental Protection Agency is proposing to approve California's air quality plans for fine particles (PM2.5) in the South Coast and San Joaquin Valley. These plans will reduce particulate emissions to the level required by the health based 1997 PM2.5 standard by 2015.

Over the past 10 years, PM2.5 has improved by 14% in the San Joaquin Valley and by 43% in the South Coast. Diesel mobile sources such as trucks, construction equipment and marine vessels are the largest source of PM2.5 in California. Trucks and buses account for about 40 percent of diesel emissions from all mobile sources.

In November 2010, EPA proposed to disapprove the South Coast and San Joaquin Valley PM2.5 air quality plans because the agency believed they relied heavily on emissions reductions from several State diesel and marine vessel rules that had not been finalized or submitted to the EPA for review. Since then, the California Air Resources Board (CARB) has finalizing these rules,including the In-Use Diesel Truck and Bus rules, the Drayage Truck Rules and the Ocean Going Vessels Clean Fuels rule.

In addition, CARB has revised the plans that were originally submitted to EPA to account for the original overestimation of activity and emissions from trucks and construction equipment as well as the economic recession. As a result, future emissions are forecasted to be lower and fewer emissions reductions are needed to meet the standard. For the San Joaquin Valley, the effect is that about 5% fewer reductions are needed due to the recession and about 18% fewer reductions are needed because of better emissions estimates. For the South Coast, about 5% fewer reductions are needed due to the recession and about 5% fewer reductions are needed due to better emissions estimates.

However, EPA is proposing to disapprove the plans’ contingency measures because the agency believes they do not provide sufficient emissions reductions. EPA is continuing to work with the State to demonstrate and deploy near zero emitting technologies.

The proposed actions will be published in the Federal Register and will include a 30-day public comment period from the date of publication

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Construction General Permit Proposed By US EPA

U.S. Environmental Protection Agency (EPA) is asking for public comment its draft permit regulating the discharge of stormwater from construction sites. The proposed Construction General Permit (CGP) includes a number of new requirements on owners and operators of construction sites, including new provisions to protect impaired and sensitive waters. The current permit is scheduled to expire on June 30, 2011; however, EPA is proposing to extend the current permit until January 31, 2012 to provide sufficient time to finalize the new permit.

Some of the significant proposed permit modifications include new requirements for:

• Eligibility for emergency-related construction


• Required use of the electronic notice of intent (NOI)process


• Sediment and erosion controls


• Natural buffers or alternative controls


• Soil stabilization


• Pollution prevention


• Site inspections


• Stormwater Pollution Prevention Plans (SWPPP)


• Permit termination (NOT)

Many of the new permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010. These requirements include a number of erosion and sediment controls and pollution prevention measures that apply to all permitted construction sites.

The permit will be effective in areas where EPA is the permitting authority, including four states (Idaho, Massachusetts, New Hampshire and New Mexico); Washington, D.C.; most territories; and most Indian country lands. However, in practice, EPA general permits are used by authorized States as a template for revised State general NPDES permits, and therefore, conditions of the EPA permit will likely be reflected in State permits in the future.

The public will have 60 days to comment on the draft permit. EPA anticipates that it will issue the final construction general permit by January 31, 2012.

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40 CFR 112 Excemption For Milk and Milk Containers

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.

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.

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Vapor Intrusion Proposed For Superfund Hazard Ranking System

U.S. EPA is proposing to amend the ranking system used to assess potential “Superfund” sites to include potential vapor intrusion. The Hazard Ranking System (HRS), required by the Superfund statute, is the primary mechanism used by EPA to assess the relative threat associated with actual or potential releases of hazardous substances. Sites that score 28.50 or greater under the HRS are eligible for inclusion on the National Priorities List (NPL). The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation. A score of 28.50 does not represent a specified level of risk but is a cutoff point that serves as a screening-level indicator of the highest priority releases or threatened releases.

The HRS includes four scoring pathways - ground water, surface water, air and soil exposure. Additional pathways have been identified by EPA as posing significant threats to human health and the environment, and one such pathway is vapor intrusion. Vapor intrusion occurs when contaminants enter into indoor spaces, generally residences, from environmental sources such as contaminated ground water or contaminated soil.

Historically, EPA's Superfund program has responded to vapor intrusion contamination by two mechanisms: (1) through its emergency response program at sites not on the NPL, or (2) through sites placed on the NPL because of other pathway-related risks. In May 2010, the Government Accountability Office (GAO) issued a report that concluded that if vapor intrusion sites are not assessed and, if needed, listed on the NPL, some seriously contaminated hazardous waste sites with unacceptable human exposure may not otherwise be cleaned up. In response, EPA is proposing to add a new HRS pathway so that sites with vapor intrusion contamination can be evaluated for inclusion on the NPL.

EPA initiated rulemaking in January 2011, and current expects final rules to be completed by January 2012.

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SWPPP Developer - SWPPP Practitioner Requirements In Draft Industrial Permit

On January 28, 2011, the California State Water Resources Control Board released its draft General Permit for stormwater discharges associated with industrial activities. The draft NPDES permit proposes several changes from the existing California General Permit. One of the important changes will be especially significant for facilities that have in the past prepared their own stormwater pollution prevention plan (SWPPP). Under the proposed permit, all dischargers will need to appoint a Qualified SWPPP Developer (QSD) to prepare, write, and make any revisions to the SWPPP, and appoint a Qualified SWPPP Practitioner (QSP) to help implement the SWPPP.

The minimum requirements to become a certified Qualified SWPPP Developer includes have one of the following registrations for certifications, and appropriate experience, as required for:

• California registered professional civil engineer;
• California registered professional geologist or engineering geologist;
• California registered landscape architect;
• Professional hydrologist registered through the American Institute of Hydrology;

In addition, the QSD must successfully complete the State Water Board-sponsored or approved QSD training course within one year after the effective date of this General Permit.

The minimum requirement to become a certified Qualified SWPPP Practitioner is to successfully completes the State Water Board-sponsored or approved QSP training course within one year from the effective date of the General 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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Corrective Action Level Triggers and Numeric Effluent Limits In Draft Industrial Storm Water Permit

On January 28, 2011, the California State Water Resources Control Board proposed a draft industrial stormwater discharge general permit. The draft General Permit amends a number of the existing requirements for permitted facilities and adds some new requirements.

One of the more significant changes to the California General NPDES Permit is the incorporation of quantitative Action Levels and Effluent Limits which could apply to any discharger. In 2006, the State Water Board convened a blue ribbon panel of storm water experts that submitted a report entitled, “The Feasibility of Numeric Effluent Limits Applicable to Discharges of Storm Water Associated with Municipal, Industrial and Construction Activities,”. The panel concluded that numeric limits or action levels are technically feasible to control industrial storm water discharges, provided that certain conditions are considered. The draft permit incorporates two types of quantitiative action levels/limits:


Numeric Action Levels (NALs) are derived from the US EPA Multi-Sector General Permit’s benchmarks, and are used as numeric thresholds for corrective action. Exceedances of an NAL are not a violation of the permit; however, exceedance of specific NAL Corrective Action Triggers requires the facility to enter into Level 1 Corrective Action.

[More information on US EPA benchmarks, and comparison to historic industrial sector monitoring results]


Numeric Effluent Limits (NELs) are could also apply to any facility. Dischargers in Corrective Action Level 3 (see below) are subject to a numeric effluent limitation (NEL) that will be the same value as the applicable pollutant NAL. A daily average exceedance of the NEL is a violation of the General Permit and may subject the discharger to mandatory minimum penalties.

NAL Corrective Action Triggers are defined in the draft general permit as follows:
1. The Daily Average (DA) for any one constituent exceeds the NAL value for two or more storm events of a reporting year, or;
2. The DA for any two constituents exceed the NAL values for any single storm event within a reporting year, or;
3. The concentration for any one constituent exceeds 2.5 times the NAL value for any one individual or allowable combined sample (or is more than one pH unit outside the NAL pH range)

In the event that any of the NAL Corrective Action Triggers are met, the facility will need to complete Level 1 Corrective Actions. The need to do further corrective actions will depend on subsequent monitoring results.


Level 1 - Operational Source Control Corrective Actions
Upon the first occurrence meeting any of the NAL corrective action triggers, the discharger will be required to valuate areas of the facility to identify where additional operational source control BMPs and/or SWPPP implementation measures are necessary to prevent or reduce pollutants in storm water discharges in compliance with BAT/BCT. Based upon the facility evaluation, the facility will certify that the pollutant source(s) have been identified and 1) additional operational source control BMPs and/or SWPPP implementation measures have been included in the SWPPP , 2) no additional operational source control BMPs or SWPPP implementation measures are required , or 3) pollutant source(s) causing the exceedance are not related to the facility’s industrial activities. A Level 1 NAL Exceedance Evaluation Report will need to be prepared and submitted.
Level 2 Structural and/or Treatment Corrective Actions
If in any subsequent reporting year the sampling results meet an NAL corrective action trigger, the discharger is require to take addition action. If the NAL corrective action trigger is for a constituent that had not been included in a previous Level 1 NAL Exceedance Evaluation Report, the discharger go through Level 1 Corrective Actions.
If the NAL corrective action trigger is for one or more of the constituents previously addressed in a Level 1 NAL Exceedance Evaluation Report, the discharger would need to evaluate and select additional structural source control BMPs and/or treatment BMPs with the goal of achieving the applicable NAL value(s) in future discharges. A Level 2 NAL Exceedance Evaluation Report will need to be prepared and submitted and more frequent monitoring is required.
Level 3 Imposition of Numeric Effluent Limits
If in any subsequent reporting year the sampling results meet an NAL corrective action trigger for the same constituents subject to the Level 2 corrective actions, the discharger shall the applicable NAL(s) will become an NEL(s), and starting October 1 of the following compliance year, the discharger will be required to sample every qualifying storm event.

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HPV Chemical Testing Requirements Issued By EPA

The U.S. Environmental Protection Agency (EPA) is issuing a final rule under the Toxic Substances Control Act (TSCA) requiring manufacturers of nineteen high production volume (HPV) chemicals to test the health and environmental effects of the chemicals and submit the data to the agency.

The chemicals covered under the final rule have wide spread consumer and industrial applications. For example, diphenylmethanone is used in consumer products and may be found in personal-care products; 9, 10-anthracenedione is used to manufacture dyes; C12-C24 chloroalkenes are used as metalworking fluids; pentaerythritol tetranitrate (PETN) is a blasting and demolition agent; and leuco sulfur black is a fingerprinting agent.

The rule follows up on the voluntary HPV Challenge Program Chemical List launched by EPA that included chemicals used in household products such as hobby/craft glues, personal-care products, home cleaning products, home maintenance products, and automotive products. Companies voluntarily supplied data on more than 2,200 HPV chemicals under the voluntary program. However, no health and environmental effects data was provided on the 19 chemicals in the rule. Through this final rule, EPA is now requiring testing be conducted. In 2011, EPA expects to require testing of additional chemicals for which the agency has not received data.

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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

Caltha LLP provides expert environmental consultant services in California 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