| EHS Regulatory News | December 2004/ January 2005
New California State Water Resources Control Board Underground Storage Tank (UST) Regulations
In May 2004, the California State Water Resources Control Board (SWRCB) adopted amendments to the California UST regulations, amending Sections 2611, 2630, 2635, 2636, 2636.1, 2637, 2641, 2643, and 2712, and adding Sections 2631.1, 2638, and 2715 in Title 23 of the California Code of Regulations (CCR). These changes include the following requirements:
1. Owners of UST systems must designate an individual who is responsible for certain activities at an UST facility as the Designated UST Operator (DUO). The owner must submit a signed statement to the local agency identifying the DUO and stating that their station is in compliance with all regulatory and statutory requirements by 1 January 2005.
2. Certification of individuals responsible for specialized UST activities is required. Examples include individuals such as the Designated UST Operator (DUO) and those who install, calibrate, test, and maintain monitoring equipment (Service Technicians).
- The Designated UST Operator must possess a current “California UST System Operator” certification issued by the International Code Council (ICC) by 1 January 2005. The certification must be renewed every 24 months.
- Service Technicians must either possess or work under the direct and personal supervision of an individual physically present at the site who possesses a current ICC “California UST Service Technician” certification by 1 July 2005, which must be renewed every 24 months.
- UST Installers must either possess or work under the direct and personal supervision of an individual physically present at the site who possesses a current ICC “UST Installation/Retrofitting” certification by 1 January 2005, which must be renewed every 24 months.
- UST Inspectors must possess a current ICC “California UST Inspector” certification by 1 September 2005, which must be renewed every 24 months.
3. The DUO must provide on-the-job training for employee(s). Initial training is required by 1 July 2005. Employees hired on or after 1 July 2005 must complete initial training within 30 days from their date of hire.
4. The DUO must perform monthly visual inspections and record results on an inspection report, which must be kept in the facility’s files.
5. All doubled-walled pressurized piping must be monitored with automatic line leak detectors. An alternative to the 0.1-gallon-per-hour (gph) annual line test has also been provided.
There is no restriction on who can serve as the DUO. As long as ICC certifies the individual, the DUO could be the UST facility owner, operator, employee, service technician, or a consultant.
A Facility Employee is an individual who is employed on site at a UST facility and who may be called upon to respond to spills, overfills, or other problems associated with the operation of the UST system. A Facility Employee must complete on-the-job training provided by the DUO by 1 July 2005 and every 12 months thereafter. The training for employees must include the following topics: (1) the operation of the UST using best management practices; (2) the employee’s role with regard to the monitoring equipment as specified in the station’s monitoring plan; (3) the employee’s role with regard to spills and overfills as specified in the station’s response plan; and (4) the name of the contact person(s) for emergencies and monitoring equipment alarms.
Log onto:http://www.swrcb.ca.gov/cwphome/ust/training/new_trng_reqmts.html and www.swrcb.ca.gov/cwphome/ust/training/docs/Designated_UST_Operator_Flyer.pdf for more information.
New Program Proposed by the Agricultural Energy Consumers Association (AECA) to Encourage California Farmers
The California Air Resources Board (ARB) is praising a new program proposed by the Agricultural Energy Consumers Association (AECA), Pacific Gas & Electric (PG&E), and Southern California Edison (SCE) encouraging Central Valley farmers to convert diesel-powered water irrigation pumps to electric power.
PG&E and SCE have submitted a joint application to the California Public Utilities Commission (PUC) seeking to offer farmers incentives through special rates to convert diesel irrigation pumps to electricity. Diesel-fueled agriculture pumps are a significant source of nitrogen oxide (NOx) and particulate matter (PM) pollution. The PUC is expected to rule on the joint application in early 2005.
The new program proposes to offer an "incentive" rate for farmers who voluntarily convert diesel-powered agricultural pumps to electric power. Program participants would be required to destroy their older diesel engines, and newer "cleaner" diesel engines would be turned over to the local air district for reuse or proper disposal.
The ARB estimates there are 5,700 diesel irrigation engines operating in the Central Valley. If these engines were replaced with electric motors, an estimated 11,600 tons of NOx and estimated 860 tons of PM would be eliminated each year. This would be equivalent to eliminating nearly half the yearly NOx and one-quarter of the yearly PM created by all California power plants. Reducing diesel PM, which accounts for 70 percent of our airborne cancer risk in California, is a high priority for ARB.
Source: http://www.caprep.com/1104026.htm
Joint Climate Protection Strategy for West Coast States
A press release published on the California Environmental Protection Agency (Cal/EPA) website on
18 November 2004 reports that the Governors of Washington, Oregon, and California recently approved a series of recommendations for action to combat global warming. The recommendations were made to address growing impacts to greenhouse gas pollution and its adverse consequences to the economy, health, and environment of the West Coast states. The article reports that this action is the most recent taken as part of the West Coast Governor’s Global Warming Initiative, launched in September 2003.
A total of 36 recommendations were jointly developed and approved by the three states including, but not limited to, a performance improvement in fleet greenhouse gas emissions, a plan to collaborate on the purchase of hybrid vehicles, establishing a plan for the deployment of electrification technologies, and the adoption and implementation of energy efficiency standards and measures. In addition, the Governors have agreed to explore more comprehensive regional measures to reduce greenhouse gas emissions, including a market-based carbon allowance program, and the expansion of markets for energy-efficient and renewable resources, and alternative fuels.
For more information, log onto www.calepa.ca.gov/news
Boiler MACT Standard
The Industrial, Commercial, and Institutional Boilers and Process Heaters MACT, 40 CFR Part 63 Subpart DDDDD is new for 2004. Its objective is to decrease the emissions of hazardous air pollutants (HAP).
The Boiler MACT was promulgated on 13 September 2004. If construction of the device began on or after 13 January 2003, then it must meet the Boiler MACT Standards by 24 November 2004 or upon startup, whichever is later. Existing units have until 13 September 2007 to meet the requirement. The applicability of the Boiler MACT depends on the heat output of the device. Only existing boilers with a heat output less than or equal to 10 MMBtu per hour (all fuels) or new boilers with a heat output of less than 10 MMBtu per hour (gas) will not be under this new boiler process heater New Emission Standard for Hazardous Air Pollutants. For all other sources at least some requirements will apply, including notification, records, reporting and emissions controls for carbon monoxide, particulate matter, total selected metals, hydrogen chloride, and mercury. This new standard is expected to affect approximately 58,000 existing boilers and 500 new boilers each year.
Article References13 September 2004. National Emission Standards for Hazardous Air Pollutants (NESHAP): Industrial, Commercial, and Institutional Boilers and Process Heaters. Online Posting. EPA. Accessed 8 November 2004. http://www.epa.gov/ttn/atw/boiler/finalflowchart9_30_04.pdf
2003 Particle Pollution Report Shows Major Improvements in Air Quality
(Washington, DC – 14 December 2004) A recent article posted on the U. S. Environmental Protection Agency (EPA) website reports that levels of fine particle pollution, also known as PM2.5, were the lowest in 2003 since nationwide monitoring began in 1999. The improved air quality is largely attributed to EPA’s Acid Rain Program, along with other programs that reduced emissions that contribute to fine particle formation.
The report entitled “The Particle Pollution Report: Current Understanding of Air Quality and Emissions through 2003” looks at recent and long-term trends in air quality and emissions, explores the characteristics of particle pollution in the United States, and takes a close look at particle pollution in 2003 (the most recent year for which data are available).
Since 1999, monitored concentrations of PM2.5 have decreased 10 percent and are about 30 percent lower than EPA estimates of levels 25 years ago. Concentrations of PM10 have declined 7 percent since 1999 and 31 percent since 1988. Monitored levels of both particles decreased most in areas having the highest concentrations.
Airborne particle pollution is a mixture of solid particles and liquid droplets found in the atmosphere. These particles come in many sizes and shapes and can be made up of hundreds of different chemicals. PM2.5 and PM10 refer to the size of the particles. PM2.5, or “fine particles,” refers to particles less than or equal to 2.5 micrometers approximately one-thirtieth the size of the average human hair. These particles can penetrate into the deeper regions of the body’s respiratory system. Fine particle exposure has been associated with a number of serious health problems, ranging from the aggravation of asthma and the development of chronic bronchitis to heart arrhythmias, heart attacks, and even premature death.
While the Agency’s report shows that concentrations of PM have declined, millions of people still live in areas of the country where particle pollution exceeds levels established to protect public health. EPA is taking a number of steps to address particle pollution, including the implementation of the Agency’s first fine particle standards, the Clean Air Nonroad Diesel Rule, and finalizing the proposed Clean Air Interstate Rule (CAIR).
The “Particle Pollution Report” is posted at: http://www.epa.gov/airtrends. To learn about upcoming attainment and nonattainment designations for the fine particle standard, visit: http://www.epa.gov/pmdesignation.
For more information, contact John Millett of the EPA at 202-564-7842 / millett.john@epa.gov.
Invasive Species Strategy by the United States Forest Service
A recent article published in the ‘Compliance Advisor’ reports that the United States Forest Service (USFS) has launched the National Strategy and Implementation Plan for Invasive Species Management. The goal of the Plan is to maintain the health of private and public forests for either harvesting or preservation.
An invasive species is one that is nonnative to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm, or harm to human health. These invasive species are one of four major threats to U.S. forests; including fires, loss of open space, and unmanaged recreation. The report states that, each year, the U.S. loses approximately 1.7 million acres of forest to the spread of thousands of nonnative plants, insects, pathogens, mammals, reptiles, amphibians, and birds.
Under the strategy, the USFS aims to conduct a national risk assessment to identify high-priority exotic species, develop maps of priority ecosystems and habitats, and develop biological, cultural, chemical, and/or physical controls for these species. Their goal is to contain and reduce existing infestations and rehabilitate and restore native habitats and ecosystems.
A report on this USFS strategy can be found at http://www.blr.com/keyword. Then, type in “em628usfs”.
Reduce Your Holiday Waste
California’s Integrated Waste Management Board (CIWMB) has estimated that between Thanksgiving Day and the New Year, an extra 1 million tons of garbage are generated nationwide…each week! They also report that an estimated 38,000 miles of ribbon alone is thrown away each holiday season, enough ribbon to tie a bow around the earth.
For some helpful hints to reduce waste during the holidays, please log onto www.ciwmb.ca.gov/PublicEd/Holidays.
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