Regulatory Alert – September 2017
Aegis Environmental, Inc. extends this brief update of pertinent news and regulatory compliance requirements:
Air Quality
Virginia DEQ Proposes Significant Increases to Air Permit and Emissions Fees
Virginia DEQ is proposing significant increases to permit and emissions fees in 2018 and beyond. As examples, the following are proposed for 2018: Major NSR permit application fee of $63,000 (in 2017, this fee is $31,894 on the Application Fee Form), Title V permit renewal application fee of $15,000 (in 2017, $10,631), Minor NSR permit application for synthetic minor sources $3,000 (in 2017, $531). Therefore, if you have a Title V renewal or NSR permitting activity coming up, you could save significantly on permit application fees if you submit your application (and don’t amend your application) prior to the end of 2017. The proposed regulation can be found here beginning on Page 2198: http://register.dls.virginia.gov/vol33/iss20/v33i20.pdf. The proposed increases received no comments during the comment period, and are now moving forward to the Air Pollution Control Board for consideration of adopting the revised fees. For more information, please contact Kelly Bonds at kbonds@aegisenv.com.
VA DEQ SIP Revision for PM2.5
The Virginia DEQ has proposed a SIP revision to implement PM2.5 based on the EPA Rule August 24, 2016. The public comment period will be open from September 4, 2017 – October 4, 2017. For more information, see the DEQ post: http://www.deq.virginia.gov/Portals/0/DEQ/Air/PublicNotices/Drafts/a17pro.pdf?ver=2017-08-11-110909-490. For more information, please contact Jessica Gunter at jgunter@aegisenv.com.
Water Quality
Training Reminder
Most facilities that have Industrial Activity will have a General Stormwater Permit, and therefore a Pollution Prevention Plan (SWPPP) with annual training requirements. If your facility has a certain quantity of oil, you may also have a SPCC Plan with annual training requirements. If you need any assistance with these, or other environmental trainings, please contact Lori Bonds at lbonds@aegisenv.com.
Changes to VA DEQ Underground Storage Tank (UST) Regulations
In response to changing federal regulations, Virginia has updated their UST regulations, to become effective January 1, 2018. No updates to UST Operator training are anticipated to be required by DEQ. Changes, to include requirements in 40 CFR Part 280 include:
- Secondary containment requirements for new and replaced tanks and piping;
- Compatibility requirements;
- Notification changes;
- Periodic operation, inspection and maintenance requirements for UST systems;
- UST systems deferred in the 1988 UST regulation;
- Inclusion of new release prevention and detection technologies;
- Updating codes of practice; and
- Editorial corrections and technical amendments.
- Financial Responsibility Requirements (USTs previously deferred from regulation, airport hydrant fuel distribution systems, field constructed tanks and USTs that are temporarily closed are now required to comply with financial responsibility requirements.)
For more information, please contact David Sayre at dsayre@aegisenv.com.
Hazardous Waste
Pollution Response Program Base Manual
On July 31, 2017, the Virginia DEQ posted an update to their Pollution Response Program Manual. The updated version can be found here: http://townhall.virginia.gov/L/GetFile.cfm?File=C:TownHalldocrootGuidanceDocs$0GDoc_DEQ_6238_v1.pdf. For more information, contact Jessica Gunter at jgunter@aegisenv.com.
EPA Stay for NSPS Subparts XXX and Cf for MSW Landfills Expires
In July 2016, the USEPA granted a stay for both rules until August 29, 2017. That stay has since expired, but no new information has been provided by EPA even when requested. It is unclear what the status of these regulations is or how EPA expects to move forward. For additional information, see Federal Register May 31, 2017 or contact Sandy Morse at smorse@aegisenv.com.
General Interest
Toxic Substances Control Act (TSCA) Inventory Notification
On August 11, 2017, the EPA published the subject rule, also referenced as the “TSCA Inventory Reset Rule”, as required by the 2016 TSCA amendments. The purpose of these requirements is to identify TSCA inventory chemical substances which were manufactured or imported for commercial purposes during a ten year look back period (June 21, 1006 – June 21, 2016). Manufacturers and importers of these substances must report to EPA by February 7, 2018 for the chemical substance to be considered “active”. Processors of chemical substances (incorporated into products, e.g. paints) have a voluntary reporting period until October 5,2018. After this date, if EPA has designated a chemical substance as “inactive”, the substance may not be processed without a 90-day prior notification to EPA. Chemical substances added to the TSCA inventory after June 21, 2016 will be considered active and reporting is not required. Entities claiming, “confidential business information,” should ensure that such designations are maintained in the inventory. If no entity submits a confidentiality claim for an existing substance, EPA will move the substance into the public section of the Inventory. For additional information see: Federal Register, Vol. 82, No. 154/Friday, August 11, 2017, pp. 37520 – 37544, or contact Sandy Morse at smorse@aegisenv.com.
New EPA Region IV Director
The new EPA Region IV Director was named at the end of August. Trey Glenn, formerly the director of Alabama Department of Environmental Management (ADEM), will bring 22 years of experience to the region, which covers Alabama, Florida, Georgia, Kentucky, Mississippi, North and South Carolina and Tennessee.