Archive for August, 2011

EPA Protocol Gas Verification Program and Minimum Competency for Air Emission Testing Company final rules/corrections

Tuesday, August 16th, 2011

EPA Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing; Corrections

SUMMARY: EPA is taking direct final action on corrections to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing final rule, which was published in the Federal Register of March 28, 2011 (76 FR 17288). The final rule also made a number of other changes to the regulations. After the final rule was published, it was brought to our attention that there are some incorrect and incomplete statements in the preamble, some potentially confusing statements in a paragraph of the rule text, and the title of Appendix D to Part 75 was inadvertently changed and is incorrect.

DATES: This rule is effective on October 11, 2011 without further notice, unless EPA receives adverse comments by September 12, 2011. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.

http://www.gpo.gov/fdsys/pkg/FR-2011-08-12/html/2011-20451.htm

BAAQMD settles case with Tesoro Refining to pay $497,375 for air quality violations

Thursday, August 4th, 2011

The Bay Area Air Quality Management District announced a recent agreement with Tesoro Refining and Marketing Company to pay a $497,375 civil penalty to settle air quality violations at its Golden Eagle Refinery in Martinez.  The settlement covers violations which occurred at the Martinez facility from 2006 – 2009.

BAAQMD settles case with Chevron to pay $170,000 for air quality violations

Thursday, August 4th, 2011

 The Bay Area Air Quality Management District announced a recent agreement with Chevron U.S.A. Inc. to pay a $170,000 civil penalty to settle air quality violations at its refinery in Richmond.  The settlement covers certain flaring violations which occurred at the Chevron Richmond facility from 2005 – 2009.

EPA is finalizing approval of a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP)

Thursday, August 4th, 2011

 EPA is finalizing approval of a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision was proposed in the Federal Register on June 8, 2011 and concerns volatile organic compound (VOC) emissions from brandy and wine aging operations. EPA is approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on September 6, 2011.

EPA proposes amendments to Greenhouse Gas Rule

Thursday, August 4th, 2011

EPA is proposing to amend specific provisions in the Mandatory Reporting of Greenhouse Gases Rule to correct certain technical and editorial errors that have been identified since promulgation and to clarify or propose amendments to certain provisions that have been the subject of questions from reporting entities. These proposed changes include additional information to clarify compliance obligations, correct data reporting elements so they more closely conform to the information used to perform emission calculations, and make other corrections and amendments. EPA has received petitions for reconsideration on some of these subparts. EPA is still considering these petitions, and the issues raised in the petitions are not discussed or addressed in this action.

DATES: Comments. Comments must be received on or before September 19, 2011.

California San Joaquin Valley stationary sources fined for non-compliance with Air Regulations

Wednesday, August 3rd, 2011

Biomass Power Plants Fined More Than $830,000 For Clean Air Act Violations:    The United States, on behalf of the U.S. Environmental Protection Agency, and the San Joaquin Valley Air Pollution Control District lodged consent decrees against two biomass power plants in Calif.  The two companies have agreed to pay a combined civil penalty of $835,000 to resolve alleged violations of the federal Clean Air Act and District rules, including excess emissions of air pollutants such as nitrogen oxides—a precursor to ozone—and fine particulates. 

The settlements require the facilities to install devices to improve monitoring and reporting of air pollutants; enhance automation of the control systems for nitrogen oxides emissions; and prepare more stringent control plans to minimize emissions of air pollutants. As a part of this action, the companies have installed controls that reduce emissions of nitrogen oxides by up to 180 tons per year and carbon monoxide by up to 365 tons per year.  The EPA and District will continue to monitor both facilities for an additional two years to ensure completion of all requirements.

 A joint investigation by the EPA and District found that they violated the air permits issued to them by the District by:

  • Emitting air pollutants including nitrogen oxides, sulfur dioxide, and carbon monoxide in excess of the permit limits;
  • Failing to perform timely source testing to measure emissions of various air pollutants;
  • Failing to properly install and operate emissions control systems for nitrogen oxides, a precursor to ozone; and
  • Failing to certify the continuous emissions monitoring systems.

 The plants also violated various District rules including requirements for emissions control plans.

Both proposed consent decrees are subject to a 30-day public comment period and final approval by the U.S. District Court for the Eastern District of California.  A copy of each decree is available at http://www.justice.gov/enrd/Consent_Decrees.html.

EPA proposes rule for Secondary NAAAQS Standards for NOx and SOx

Monday, August 1st, 2011

This proposed rule is being issued as required by a consent decree governing the schedule for completion of this review of the air quality criteria and the secondary national ambient air quality standards (NAAQS) for oxides of nitrogen and oxides of sulfur.

Based on its review, EPA proposes to retain the current nitrogen dioxide (NO2) and sulfur dioxide (SO2) secondary standards to provide requisite protection for the direct effects on vegetation resulting from exposure to gaseous oxides of nitrogen and sulfur in the ambient air. Additionally, with regard to protection from the deposition of oxides of nitrogen and sulfur to sensitive aquatic and terrestrial ecosystems, including acidification and nutrient enrichment effects, EPA is proposing to add secondary standards identical to the NO2 and SO2 primary 1-hour standards and not set a new multi-pollutant secondary standard in this review. The proposed 1-hour secondary NO2 standard would be set at a level of 100 ppb and the proposed 1-hour secondary SO2 standard would be set at 75 ppb. In addition, EPA has decided to undertake a field pilot program to gather and analyze additional relevant data so as to enhance the Agency’s understanding of the degree of protectiveness that a new multi-pollutant approach, defined in terms of an aquatic acidification index (AAI), would afford and to support development of an appropriate monitoring network for such a standard. The EPA solicits comment on the framework of such a standard and on the design of the field pilot program. The EPA will sign a notice of final rulemaking for this review no later than March 20, 2012.