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.

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 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.

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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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.

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

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.
  

Caltha LLP provides specialized expertise to clients in California in the preparation of EPCRA 313 Toxic Release Inventory reports, developing chemical tracking procedures, and preparing cost-effective EH&S management programs.

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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.

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

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.

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