Appendix C: Proposed Regulations Applicable to Fuel Facilities

Transcription

1 Appendix C: Proposed Regulations Applicable to Fuel Facilities U.S. EPA and other federal agencies publish advanced notices of proposed rulemaking, notices of proposed rulemaking, proposed rules, and final rules in the daily Federal Register (FR). Below are some documents identified in the EPA regulatory agenda at the time of publication of this Guide that might be relevant to DLA Energy. For more up to date regulatory developments go to EPA s online tool called Regulatory Development and Retrospective Review Tracker (Reg DaRRT) at and Reg DaRRT provides information to the public on the status of EPA's priority rulemakings and retrospective reviews of existing regulations. Reg DaRRT includes rulemakings that have not yet been proposed, those that are open for public comment, those for which EPA is working on a final rule, and those that have been recently finalized. Regulation Air Emissions 40 CFR FR (4/28/11) Proposed rule expected 10/13 Final action expected 9/14 RIN 2060-AP38 40 CFR 50, 51, 70, FR (6/6/13) 78 FR (7/24/13) Final action expected 5/14 RIN 2060-AR34 40 CFR 50 7/14 RIN 2060-AQ44 40 CFR FR (6/20/13) Review of the National Ambient Air Quality Standards for Ozone EPA is required to review and, if appropriate, revise the air quality criteria for the primary (health-based) and secondary (welfare-based) NAAQS every 5 years. This review includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. Implementation of the 2008 NAAQS for Ozone: State Implementation Plan (SIP) Requirements Proposed rule would address a range of implementation requirements for the 2008 NAAQS for ozone, including requirements pertaining to attainment demonstrations, reasonable further progress, reasonably available control technology, reasonably available control measures, nonattainment new source review, emission inventories, and the timing of SIP submissions and compliance. Review of the National Ambient Air Quality Standards for Lead The 5-year review of the air quality criteria for the primary and secondary NAAQS includes the preparation of an Integrated Review Plan, an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. Revisions to the Air Emissions Reporting Requirements (AERR): Revisions to Lead (Pb) Reporting Threshold and Clarifications to Technical Reporting Details APPENDIX C: PROPOSED REGULATIONS APPLICABLE TO FUEL FACILITIES C-1

2 Final action expected 12/13 RIN 2060-AR29 40 CFR proposed action expected 5/14 RIN 2060-AQ48 40 CFR proposed action expected 9/14 RIN 2060-AR28 40 CFR FR (10/24/11) Final action expected 9/14 RIN 2060-AO60 40 CFR 60, FR (9/5/13) Final action expected 5/14 RIN 2060-AR90 Proposes to decrease the AERR Pb reporting threshold into line with the requirements of the revised Pb NAAQS and its associated monitoring requirements of 0.5 tons per year. EPA will finalize technical corrections to Appendix A of Subpart A of the AERR final rule to make it consistent with the final implementation of the Emission Inventory System (EIS), which is used to collect the data required as part of the AERR. The final rule would affect state, local, and tribal agencies that are responsible for submitting data to EIS by requiring them to collect and submit data from additional Pb sources based on the lower emissions reporting threshold. Implementation Rule for 2012 PM 2.5 NAAQS Proposed rule would address implementation requirements for the 2012 PM 2.5 NAAQS, including timing of State Implementation Plan (SIP) submissions, attainment deadlines for areas designated nonattainment, PM 2.5 precursor policies, and requirements pertaining to attainment demonstrations, emission inventories, reasonably available control technology, reasonably available control measures, best available control measures, reasonable further progress, mid-course reviews, and contingency measures. Prevention of Significant Deterioration (PSD) for PM 2.5 Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC): Reconsideration Proposed rulemaking would remove the PM 2.5 SMCs from the PSD regulations, and address the court's decision that vacated PSD regulations containing SILs. This rulemaking would also re-propose the following three provisions: 1) The revised definition of "baseline area" that includes a new significance level for PM 2.5, which is used for determining whether a particular attainment or unclassifiable area should be included in the baseline area for the PM 2.5 increments; 2) the requirement that PM 2.5 precursor emissions be included in the significant impact analysis; and 3) the level selected for the PM 2.5 SMC. New Source Performance Standards (NSPS) Review Addresses requirement to review and revise each NSPS at a minimum of every 8-years. NESHAP for Reciprocating Internal Combustion Engines (RICE); New Source Performance Standards (NSPS) for Stationary Internal Combustion Engines Announces reconsideration of three issues related to the RICE NESHAP and NSPS final rules. Solicits comments on the following issues: 1) Compliance effective dates for the ULSD fuel requirement for certain emergency CI engines; 2) Compliance effective dates and required information for the reporting requirement for certain emergency engines; and 3) Criteria for operation for up to 50 hours per year in certain nonemergency situations. C-2 ENVIRONMENTAL GUIDE FOR FUEL FACILITIES

3 40 CFR 63 12/14 RIN 2060-AP96 40 CFR FR (3/26/12) 77 FR (6/18/12) Final action expected 12/14 RIN 2060-AR00 40 CFR Not yet published in FR RIN 2060-AN93 40 CFR FR (6/14/2013) Final action expected 12/13 RIN 2060-AR21 40 CFR 80 3/14 Final action expected 7/14 RIN 2060-AR50 NESHAPs: Startup, Shutdown, and Malfunction (SSM) Amendments to Part 63 Standards Proposes amendments that would provide for or are related to an exemption from the requirement to comply with emission standards during SSM events. On 12/19/2008, in Sierra Club v. EPA, the U.S. Court of Appeals for the D.C. Circuit vacated the SSM. These General Provisions are not specific to any source category and apply when incorporated into source category-specific standards. In addition, other subparts with similar provisions will be amended so that applicable standards will no longer have exceptions for sources that report malfunction conditions. National Uniform Standards for Storage Vessel and Transfer Operations, Equipment Leaks, Closed Vent Systems, and Control Devices Action would develop and consolidate uniform standards that may be referenced in future regulatory actions. The uniform standards are expected to include requirements for work practices and equipment standards and for monitoring, recordkeeping, and reporting requirements. EPA also expects to develop tools for proper application of these uniform standards during rule development, including anticipated costs and pollutant emission reductions. Improving Implementation of the Operating Permit Rules in Response to the CAA Advisory Committee Recommendations This action addresses potential improvements to regulations implementing the CAA's Title V operating permits program. Amendments to the Renewable Fuel Standard (RFS) and Identification of New Pathways II Proposed changes may include the following: 1) Various changes related to biogas. 2) A lifecycle GHG analysis for renewable electricity, renewable diesel and naphtha produced from landfill biogas. 3) Addresses "nameplate capacity" issues for certain production facilities. 4) A lifecycle analysis of advanced butanol and discuss the potential to allow for commingling of compliant products at the retail facility level as long as the environmental performance of the fuels would not be detrimental. 5) Changes to E15 misfueling mitigation regulations. 6) Changes to survey requirements associated with the ultra-low sulfur diesel program. Identification of Additional Qualifying Renewable Fuel Pathways III and Modification to the Renewable Fuels Program Proposed action would amend Table 1 to Section of the RFS2 regulations to include additional fuel pathways and assign each pathway a D-Code. It would allow producers or importers of fuel produced under these pathways to generate Renewable Identification Numbers under the program, providing that the fuel meets the other requirements for renewable fuel. This proposed action would outline EPA's lifecycle GHG evaluation for several new pathways, and would add these pathways to the table of approved fuel pathways. APPENDIX C: PROPOSED REGULATIONS APPLICABLE TO FUEL FACILITIES C-3

4 40 CFR 80 proposed action expected 11/13 Final action expected 2/14 RIN 2060-AR63 and RIN 2060-AR76 40 CFR 80, FR 4300 (1/27/12) 77 FR 8254 (2/14/12) Final action expected 8/14 RIN 2060-AQ36 40 CFR 82 12/13 Final action expected 10/14 RIN 2060-AR04 Renewable Fuel Standard (RFS) Volume Standards for 2014 Would propose 2014 biomass based diesel (BBD) volume along with 2014 standards, which would establish annual statutory volume requirements for the RFS2 fuel categories (cellulosic, biomass-based diesel, advanced biofuel, and renewable fuel) that apply to gasoline and diesel produced or imported in 2014 and set, at minimum, the 2014 BBD requirement. Entities potentially affected by this final rule are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels such as ethanol and biodiesel. Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program From Palm Oil As indicated in the final rule for the Renewable Fuels Standard Program, while EPA issued lifecycle GHG threshold determinations for the major fuel pathways projected to meet the bulk of the RFS volume mandates, assessments of other new fuel pathways such as biofuels produced from palm oil could not be completed in time for the final rule. In the process of assessing these fuels, EPA is issuing determinations through supplemental notices to the final rule. Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export for Proposes to adjust the allowance system that controls the U.S. consumption and production of ODSs known as hydrochlorofluorocarbons (HCFCs) to lower the amount of available allowances. This rulemaking would implement a reduction of HCFCs to 90% below the production and consumption baselines beginning 1/1/15. Emergency Response 40 CFR 110, 300 2/14 RIN 2050-AE87 Non-regulatory 77 FR (2/22/12) Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule Listing Requirements Revisions to the NCP Subpart J technical product requirements would address the efficacy, toxicity, and environmental monitoring of dispersants, other chemical and biological agents, and other spill mitigating substances, as well as public, State, local, and Federal officials concerns on their authorization and use. Additionally, EPA is considering amendments to area planning requirements for agent use authorization, and advanced monitoring technique and revisions to harmonize 40 CFR Part with the definitions for chemical and biological agents proposed for Subpart J. Revisions to the National Preparedness for Response Exercise Program (PREP) Guidelines The USCG is revising the PREP Guidelines, in consultation with EPA, PHMSA, and the DOI Bureau of Safety and Environmental Enforcement (BSEE, formerly MMS). If you are planning your drill in late 2013 or later, look on the Internet for an updated version of the PREP Guidelines. C-4 ENVIRONMENTAL GUIDE FOR FUEL FACILITIES

5 Tanks and Associated Piping 40 CFR FR (11/18/11) 77 FR 8757 (2/15/12) Final action expected 8/14 RIN 2050-AG46 Revising Underground Storage Tank Regulations--Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training Proposed addition of secondary containment requirements for new and replaced tanks and piping; addition of operator training requirements; addition of periodic operation and maintenance requirements for UST systems; removal of certain deferrals; addition of new release prevention and detection technologies; updates to codes of practice; to make editorial and technical corrections; and updates State program approval requirements to incorporate these new changes. Hazardous Waste and Used Oil 40 CFR and CFR FR (5/22/01) 71 FR (4/18/06) 73 FR (2/26/08) 79 FR 7518 (2/7/14) Final rule expected 10/15 RIN 2050-AG20 40 CFR Not yet published in FR RIN 2050-AF01 40 CFR 261, 262, 265 6/14 RIN 2050-AG70 Hazardous Waste Manifest System Revisions Standards and Procedures for Electronic Manifests (HM-206E) Continuing development of regulatory standards and procedures that will govern the initiation, signing, transmittal, and retention of hazardous waste manifests using electronic documents and systems. Implementation is contingent upon enactment of legislation providing EPA the authority to collect user-fees to fund development of the e-manifest system. RCRA Smarter Waste Reporting Proposed initiative would decrease regulatory burden on respondents completing the Biennial Report (BR) by eliminating the form for waste shipped offsite. Proposes to: (1) substitute BR data with data from the emanifest system and (2) improve the information EPA currently receives from respondents who manage waste onsite, in an effort to improve the quality of BR data. Improvements to the Hazardous Waste Generator Regulatory Program Proposed rule would make clarifying changes to the hazardous waste (HW) generator regulatory program, including consolidation of all HW generator regulations, where appropriate, in part 40 CFR 262. Other possible improvements would modify various regulatory provisions, such as requirements for marking tanks and closing waste accumulation units by large quantity generators (LQGs), as well as improve the effectiveness of the HW generator program, such as requiring re-notification by small and large quantity generators when the facility closes or ownership is transferred. Finally, another change being considered involves addressing situations where a generator has either a planned or unplanned episodic event resulting in a temporary change in regulatory status. APPENDIX C: PROPOSED REGULATIONS APPLICABLE TO FUEL FACILITIES C-5

6 Wastewater and Stormwater Permitting 40 CFR 122 and FR (6/23/2010) Final action expected 4/14 RIN 2040-AC84 40 CFR 122 and FR (4/20/11) 76 FR (7/20/11) 77 FR (6/11/12) 77 FR (6/12/12) Final action expected 1/14 RIN 2040-AE95 40 CFR , Final action expected 12/14 RIN 2040-AF13 NPDES: Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Proposes use of sufficiently sensitive analytical test methods when completing an NPDES permit application and when performing sampling and analysis pursuant to monitoring requirements in an NPDES permit. Proposes to clarify existing NPDES application, compliance monitoring, and analytical methods regulations. Criteria and Standards for Cooling Water Intake Structures Proposes to establish requirements for facilities that withdraw more than 2 mgd of water and use at least 25 percent of the water withdrawn exclusively for cooling purposes. Section 316(b) of the CWA requires EPA to ensure that location, design, and capacity of cooling water intake structures reflect best technology available.. Stormwater Regulations Revision to Address Discharges from Developed Sites Proposed action would establish requirements for, at minimum, managing stormwater discharges from newly developed and redeveloped sites, to reduce the amount of pollutants in stormwater discharges entering receiving waters by reducing the discharge of excess stormwater, and may take other actions to implement improved control of stormwater pollution and more efficient rainwater use. 40 CFR /14 Final action expected 3/15 RIN 2040-AF25 40 CFR 123, 403, and FR (6/23/11) 78 FR (7/30/13) Final action expected 12/14 RIN 2020-AA47 National Pollutant Discharge Elimination System (NPDES) Application and Program Updates Rule Proposed regulations would update specific elements of the existing NPDES to better harmonize regulations and application forms, improve permit documentation and transparency, and provide clarifications to the existing regulations. EPA also plans to address other program elements including permit documentation, EPA state permit objection, and public participation procedures to improve the quality and transparency of permit development. NPDES Electronic Reporting Rule This regulation would mandate electronic reporting of NPDES data. Through this regulation, EPA seeks to ensure that such facility-specific information would be accurate, timely, and nationally consistent on the facilities that are regulated by the NPDES program. C-6 ENVIRONMENTAL GUIDE FOR FUEL FACILITIES

7 40 CFR FR (7/30/10) 78 FR (9/4/13) Final rule expected 5/14 RIN 2040-AF16 40 CFR FR (12/18/12) Final action expected 11/13 RIN 2040-AF21 40 CFR FR (12/18/12) Final action expected 11/13 RIN 2040-AF39 40 CFR FR (12/14/12) Final action expected 7/13 RIN 2040-AF45 40 CFR FR (6/7/13) 78 FR (7/12/13) Final action expected 5/14 RIN 2040-AF14 Water Quality Standards Regulatory Clarifications Proposed rule addresses the following areas: 1) Administrator's determination that new or revised WQS are necessary, 2) designated uses, 3) triennial review requirements, 4) antidegradation, 5) variances to water quality standards, and 6) compliance schedule authorizing provisions. Water Quality Standards for the State of Florida's Estuaries and Coastal Waters Proposes numeric water quality criteria for Class I, Class II, and Class III waters. Proposed criteria are intended to reduce adverse effects of nitrogen and phosphorus pollution in estuaries and coastal waters within Florida. Water Quality Standards for the State of Florida s Streams and Downstream Protection of Lakes: Remanded Provisions Addresses an order which would remand to EPA two portions of its numeric water quality standards for nutrients in Florida. Proposed rule would provide additional explanation for the criteria derived using the reference condition approach for Florida streams and for the derivation of the downstream protective values (DPVs) for unimpaired lakes. Rulemaking to Stay Certain Sections of the State of Florida's Lakes and Flowing Waters Final Rule Two portions of EPA's original inland waters rule--numeric nutrient criteria for Florida's streams and default downstream protection values (DPVs) for unimpaired lakes--were remanded to EPA on February 18, Since EPA has not signed proposed criteria for these remanded portions, the inland waters rule will be in effect for a short period of time prior to the final action staying the specific provisions. Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category Would establish effluent limitations guidelines and standards to steam electric power plants using nuclear or fossil fuels, such as coal, oil, and natural gas to reduce discharges of pollutants from industries to waters of the U.S. These requirements are incorporated into NPDES discharge permits issued by EPA and states and through the national pretreatment program. The rulemaking may address discharges associated with coal ash waste and flue gas desulfurization (FGD) air pollution controls, as well as other power plant waste streams. Pollutants of concern include metals (e.g., mercury, arsenic, and selenium), nutrients, and total dissolved solids. APPENDIX C: PROPOSED REGULATIONS APPLICABLE TO FUEL FACILITIES C-7

8 40 CFR 450 Regulation 78 FR (4/1/2013) Final action expected 2/14 RIN 2040-AF44 40 CFR FR 112 (1/3/12) Proposed rule expected 12/13 RIN 2040-AF27 40 CFR FR (5/10/99) Proposed rule expected 11/13 Final action expected 10/14 RIN 2040-AD39 Not yet published in FR RIN 2040-AF30 40 CFR FR (9/27/13) 78 FR (12/3/13) Final action expected 3/14 RIN not established Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category Would address revisions to the effluent guidelines and standards for the construction and development point source category 40 CFR 450, specific to several of the non-numeric portions of the rule in response to litigation. Effluent Guidelines and Standards for the Construction and Development Industry--Revision Action would address an error that was identified in the Effluent Limitations Guidelines (ELG) for the Construction & Development (C&D) Point Source Category. EPA issued a stay of the 2009 ELG rule numeric effluent limit for turbidity, based on the application of passive treatment technology. Uniform National Discharge Standards for Vessels of the Armed Forces-- Phase II Phase I rulemaking determined that 25 discharges from Armed Forces vessels would require control devices; some have the potential to introduce oil into receiving water (e.g. bilge water). Phase II will establish performance standards for control devices for these 25 discharges, possibly leading to more oily wastes being offloaded at terminals. The Phase II standards will be promulgated in 5 batches. Each batch will address several performance standards. Once DOD implements Phase II rules, covered discharges will no longer be subject to State discharge standards. Clean Water Protection Rule U.S. EPA and the U.S. Army Corps of Engineers are developing a proposed rule for clarifying and determining whether a water body is protected by the Clean Water Act. Draft NPDES General Permit for Stormwater Discharges From Industrial Activities Proposes to replace the existing 2008 Multi-Sector General Permit (MSGP) for all EPA Regions except Region 4 with the draft 2013 NPDES general permit for stormwater discharges from industrial activity. This notice provides for a 60-day comment period. RIN = Regulation Identification Number C-8 ENVIRONMENTAL GUIDE FOR FUEL FACILITIES