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Coatings Regulations and Analytical Methods Conference
October 20-21, 2010
Sheraton Station Square Hotel
Pittsburgh, PA
This two-day coatings regulations and analytical methods conference will offer an open forum for professionals who develop, specify, or use coatings.
Who Should Attend:
- Formulators and R&D personnel
- Coatings manufacturers
- Government agencies (EPA, OECD, Green Seal, etc.)
- Facility owners
- End-users with finishing lines
- Coating raw material and equipment suppliers
- Laboratory and field testers
- Specifiers, designers, and architects
Learn more
Posted: August 6, 2010
Area Rule Source Changes and Implementation Guides
We have been closely monitoring the Area Source Rules for the Paints and Allied Manufacturing Facilities. Some aspects of these rules have recently been amended. Specifically, the EPA has amended the definition of ''material containing hazardous air pollutants'' and clarified some regulatory text.
Learn more about the amendment
Learn more about the clarification
Another recent development in Area Source Rules is a new memorandum issued by the EPA's Director of the Office of Compliance on June 4, 2010. It outlines a (3) three tiered structure with the highest priority directed toward chemical manufacturers along with three other industries. For the highest priority tier, which includes the CMAS [40 CFR 63, Subpart VVVVVV] rule, EPA is suggesting that EPA Regions focus their efforts and resources on compliance monitoring and enforcement; specifically stating that "Compliance monitoring provides the greatest deterrent to non-compliance…". When there is evidence of non-compliance, EPA further suggests the use of the "appropriate enforcement response."
Learn more
Posted: August 6, 2010
Final GACT Standards for Chemical Manufacturing Area Sources
Finalized on October 29, 2009, the MACT Standard for Chemical Manufacturing Area Sources [40 CFR 63, Subpart VVVVVV], commonly known as the CMAS Rule imposes Generally Available Control Technology Standards (GACT) standards for the control of HAPs. The EPA estimates this rule will potentially affect 450 manufacturing facilities and 150 small entities.
This extended abstract written by Joshua D. Marteny, P.E. and Tiffany L. Dillow, R.E.M. offers a summary of the standards and identifies important changes while outlining a plan for achieving compliance at potentially affected sites.
Ms. Dillow presented this paper at the Air & Waste Management Association annual meeting on June 24, 2010. Mr. Marteny participated in a MACT panel on June 23, and presented an overview of the standards discussed in this newsletter.
Download paper
Download presentation
Posted: August 6, 2010
MON MACT Applicability & Compliance Assessment
Dixon Environmental has conducted numerous Maximum Achievable Control Technology (MACT) compliance assessments at chemical manufacturing plants throughout the United States. These assessments have focused on the compliance status of Hazardous Air Pollutant (HAP) standards and provide an independent review of both the initial applicability determinations and on-going monitoring, recordkeeping, and reporting obligations. As part of a regulatory Consent Order, we recently conducted a detailed 3rd party review of Miscellaneous Organic NESHAP Rule (MON) applicability and requirements of a specialty organic chemical manufacturing plant. This project provided the following benefits to our client:
- Avoidance of continuing non-compliance and potential regulatory fines.
- Elimination of wastewater discharges above regulatory thresholds to the off-site treatment facility.
- Identification of opportunities to improve operational flexibility.
- Reduction of future non-compliance risks through a detailed workflow analysis and management system improvements.
Prior to the May 10, 2008 compliance date, the client implemented a MON compliance approach that was intended to be conservative, most notably by designating nearly all process vents as halogenated Group 1 streams and controlling them with a thermal oxidizer and after-scrubber. This required a significant amount of capital investment for the control devices and ductwork.
During Dixon Environmental's initial review, we identified the following:
- The delineation of miscellaneous organic chemical manufacturing process units (MCPUs) was not appropriate;
- The locations of the wastewater points of determination (PODs) were incorrect;
- Stack tests for the thermal oxidizer and after-scrubber were not conducted at worst-case conditions; and
- There were some areas for improvement necessary related to monitoring, recordkeeping, and reporting.
We also recognized other MON compliance issues and made recommendations for improving compliance management systems.
Download the case study
Posted: August 6, 2010
U.S. Supreme Court Rejects Industry Request On SSM Exemption
On March 8, 2010, the U.S. Supreme Court has rejected industry's request to overturn an appellate court ruling that struck down a long-standing exemption to the Maximum Achievable Control (MACT) rules during periods of startup, shutdown and malfunction (SSM). The court rejected without comment review for the case American Chemistry Council, et al. v. Sierra
Club, et al.
EPA in briefs to the high court opposed review of the U.S. Court of Appeals for the District of Columbia Circuit's Dec. 19, 2008 ruling that vacated the agency's 1994 rule exempting emissions during SSM events from applicable MACT emission limits. Environmentalists criticized the rule as a “loophole” allowing industries to exceed federal emission
standards by claiming that pollution during those periods was due to an SSM event.
The SSM exemption was contained in the general provisions of EPA’s air toxics program and was either incorporated by reference or written into specific sectors’ national emission standards for hazardous air pollutants.
The majority of a three-judge D.C. Circuit panel in its ruling agreed that Sierra Club's challenge to the SSM rule was lawful, because Bush administration modifications to parts of the rule had the effect of constructively “reopening” the entire rule for review. The court then invalidated the original exemption, subjecting a host of facilities to
much stricter compliance obligations by removing the exemption for emission spikes during SSM events.
Since the court ruled, EPA has encouraged industry to enter into sector-by-sector orders that impose limits on “upset” emissions during SSM periods but also aid industry compliance. The agency has also begun to revise sector-specific air toxics rules to clarify compliance obligations during SSM periods. In the meantime, EPA’s Office of Civil
Enforcement issued guidance on July 22, 2009 , aka Kushner memo. This letter provided a listing of MACT standards that the agency believes are not subject to the vacated SSM exemption. These include many of the chemical industry rules including the Hazardous Organic NESHAP (HON, the Pharmaceutical
Manufacturing Operations (Pharma) and the Miscellaneous Organic NESHAP (MON).
Posted: March 26, 2010
GACT Rule for Paints and Allied Manufacturing Facilities
Promulgated on December 3, 2009, this rule requires the reduction of HAP emissions from manufacturing paints and allied products such as paints, coatings, inks, and adhesives. Particularly the rule focuses on facilities that use, generate, or produce materials containing benzene, methylene chloride, and compounds of cadmium, lead, and nickel — above the
OSHA thresholds. The rule has the potential to affect over 2,000 facilities nationwide. It is important for facilities affected by the rule to begin preparing an Initial Notification of Applicability, which must be submitted by June 1, 2010. Following submission, facilities must properly operate a particulate control device and meet requirements for monitoring,
recordkeeping, and reporting emissions and be in full compliance by December 3, 2012. Please see our Fact Sheet in the Reference Library.
Posted: March 26, 2010
GACT Rule for Chemical Preparations Facilities
On December 30, 2009, the EPA issued the final rule imposing Area Source Generally Available Control Technology (GACT) standards for the control of hazardous air pollutants (HAPs) at chemical preparations facilities that are minor HAP sources. The final rule requires process vent streams with equipment in place to control PM by 95% or an outlet concentration
of 0.03 gr/dscf. This rule applies exclusively to chemical preparations facilities under NAICS code 325998. Particularly, it affects facilities that use, generate, or produce compounds of chromium, lead, manganese, or nickel. Facilities that are affected must submit an Initial Notification of Applicability by April 29, 2010 and be in full compliance by December
30, 2010. Please see our Fact Sheet in the Reference Library.
Posted: March 26, 2010
Final Rule - Area Source GACT Standards - Chemical Manufacturing
On October 29, 2009 the EPA issued the final rule imposing Area Source Generally Available Control Technology (GACT) standards for the control of hazardous air pollutants (HAPs) at chemical manufacturing facilities that are minor HAP sources. The final rule was substantially revised from the proposal in large part due to a technical study conducted by Dixon Environmental on behalf of the Synthetic Organic Chemical Manufacturers Association (SOCMA). This rule has the potential to affect 450 facilities with more than 150 "small entities" by EPA's estimate! The National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources 40 Part 63 Subpart VVVVVV was published in the Federal Register on October 29, 2009.
A Fact Sheet has been prepared by Dixon Environmental which describes the applicability, promulgated standards and possible consequences of this rule. This Fact Sheet can be found in the Reference Library of the MON Resource Center (Dixon- CMAS Fact Sheet_December 2009.pdf).
Posted: October 29, 2009
MON Resource Center Webinar - October 8, 2009
MON Enforcement Update
This webinar provided an overview and summary of the latest MON enforcement activities. The discussion was hosted by Michael Dixon of Dixon Environmental and featured Marcia Mia of EPA’s Office of Enforcement and Compliance Assurance. A copy of the slides from this informative presentation may be downloaded from the MON Resource Center (MRC) Reference Library (DixonWebinar- 2009_October_08_Slides_ MON Enforcement). NOTE: This Webinar and handout materials are available only to MON Resource CenterTM Subscribers. For more information please contact us at info@dixonenvironmental.com.
Posted: October 13, 2009
Upcoming Webinars - Free To MON Resource Center Subscribers!
Complying with Final RICE MACT and GACT — 9/23/10
The final Reciprocating Internal Combustion Engines (RICE) MACT amendments were published in the federal register on May 3, 2010. They include requirements for controlling HAP emissions from RICE during SSM and establish rules for testing, monitoring, recordkeeping, and reporting. How can you achieve and maintain compliance? Join us on September 23, 2010 at 2PM to find out.
Learn more and register
Implementation Tools for Complying with Area Source Rules — 10/26/10
In the final quarter of 2009, the Environmental Protection Agency (EPA) issued three (3) rules that set standards for hazardous air pollutants (HAPs) from chemical manufacturing, paints and allied products manufacturing, and chemical preparations facilities that are minor sources of HAP. Scheduled for Tuesday, October 26 at 2 PM, this webinar will focus on ways to minimize the impact on your operations and how the MON Resource Center can help you address the related compliance obligations.
Learn more and register
Practical Implications of GHG Reporting — 11/30/10
Rescheduled from June 17, this webinar will cover new rules issued by the EPA under 40 CFR Part 98 that make it mandatory for many companies to track and report greenhouse gas emissions. It will focus on these new rules and how Dixon Environmental is assisting its clients in meeting these and related challenges. This webinar is scheduled for Tuesday, November 30, 2010 at 2 PM EST.
Learn more and register
Recorded Webinars Available
For recent webinars, please visit our archive.
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