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.

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 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.

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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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.

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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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

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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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.

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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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.

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

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info@calthacompany.com

or Caltha LLP Website