|August, 2006, Vol 9, No 3|
AP-42 EMISSION FACTOR UPDATES
Currently, EPA lists five sections under review. Comments on Section 7.1-Organic Liquids Storage Tanks were due by July 31, 2006. The other four sections deal with fugitive dust: Sections 13.2.1-Paved Roads, 13.2.2-Unpaved Roads, 13.2.4-Aggregate Handling and Storage Piles, and 13.2.5-Industrial Wind Erosion. Comments on all four were due by June 16, 2006.
Owners of dry cleaners should be aware that on July 27, 2006 the U.S. Environmental Protection Agency (EPA) published major revisions to the drycleaner NESHAP (40 CFR Part 63, Subpart M) that will affect equipment operations and solvent usage at all drycleaners that use perchloroethylene. Perchloroethylene is also known as PCE, perc, and tetrachloroethyene. Tetrachloroethylene is a hazardous air pollutant and probable human carcinogen. The new requirements are effective immediately for new perc drycleaners. Existing perc drycleaners must be in compliance with all requirements by July 28, 2008.
The Clean Air Act requires EPA to regulate air toxics in two phases: (1) a technology-based phase that develops particular standards for controlling the emissions of air toxics from sources in an industry group or “source category”; and (2) a second phase that involves (i) a review of those standards and revises them, if necessary, to account for improvements in air pollution controls and/or prevention, and (ii) a residual risk review to assess the risk remaining after the application of the technology-based standard. In the case of perc drycleaners, EPA issued a technology-based rule in 1993 (Subpart M), and followed-up with the July 27 requirements that reflect new information on control technologies and residual risk.
The existing rule was structured such that the level of controls applicable to affected facilities was based on date of equipment installation, type of equipment, and levels of perc usage (major sources, area sources, and certain exemptions). The 1993 rule included Maximum Achievable Control Technology (MACT) requirements for large sources and Generally Achievable Control Technology (GACT) requirements for area sources. Generally speaking, the standards in the existing (1993) rule are more comprehensive for newer machinery and for more perc usage.
In developing the new rule, EPA looked at large industrial and commercial dry cleaners (major sources which emit more than 10 tons of perc a year and are subject to the 1993 MACT standards), Small Typical Dry Cleaners usually located in shopping centers or stand-alone buildings (area sources and subject to the 1993 GACT standards), and Small Dry Cleaners in Apartment Buildings (co-residential and/or dry cleaners located on the ground floor of residential buildings that are area sources and subject to the 1993 GACT standards).
Under the new rule, all of these affected facilities will be required to use either state-of-the-art (for major sources) or specialized equipment (for area sources) to detect and repair perc leaks. Important changes at Small Typical Dry Cleaners will include:
The new classification of “Small Dry Cleaners in Apartment Buildings” reflects new concerns about the exposure of apartment residents to perc vapors from dry cleaners in their building. Requirements for this classification will include strict requirements on existing sources, a ban on new sources, and a complete ban on perc dry cleaners in apartment buildings by December 21, 2020.
Additional information may be found at the following websites:
The Department of Environmental Quality is again offering training for Visible Emissions Evaluation. The Fall 2006 courses are provided by the Air Quality Division in conjunction with CenSARA and are presented by Eastern Technical Associates (ETA). Training will occur in Oklahoma City on September 26, 27, 28 and Tulsa on October 24, 25, 26. Field certifications and a classroom lecture will be offered at both locations. Applicants who have not attended smoke school previously are required to attend the classroom lecture. Lecture attendance is encouraged for all applicants who have not attended a lecture in the past year. These courses will meet EPA Method 9 and Method 22 training requirements. Individuals qualifying at the field certification will be certified to make visible emission readings.
The Oklahoma City classroom lecture will take place on September 26 at Metrotech Springlake Campus Business Conference Center at 1900 Springlake Drive. The Field certification will take place September 27 and 28 at the North Parking Lot of the State Fair Grounds (north of Space Needle). Attendees should enter the fairgrounds from May Avenue at gate 25 on Neosho Avenue.
Registration for all classes will begin at 8:00 AM. Attendees should dress appropriately for the weather and bring pens, a clipboard and a lawn chair to the field certification.
Maps for both locations are available at the ETA website:
Applicants should contact Jeff Dye email@example.com. or (405) 702-4118.
The Air Quality Advisory Council met on July 19 at the Department of Environmental Quality headquarters in Oklahoma City. The Council voted to forward to the Environmental Quality Board (EQB) for consideration at its November meeting the following rules:
Proposed rules which were continued to the October 2006 Council meeting include:
The next Air Quality Advisory Council meeting is scheduled to be held at Beavers Bend State Park in Broken Bow on October 18, 2006.
In an effort to stream-line and simplify the air quality enforcement process, the Air Quality Enforcement, Compliance, and Technical Resources and Training sections have jointly developed an alternate enforcement procedure. The intent of the new procedure is to help bolster cooperation between the regulated community and the Department, and to resolve issues of non-compliance in a timely manner.
When a compliance evaluation is conducted at a facility, a report is generated detailing the findings of the evaluation. Once the report is approved, a copy will be sent to the company with a summary of any non-compliance issues. The company will be requested to inform the report writer by phone within ten calendar days if they would like to utilize the alternate enforcement procedure. The option to use the alternate procedure may be withdrawn if the report writer is not contacted within ten calendar days. If the alternate procedure is chosen, the company will provide a compliance plan within 20 calendar days after contacting the report writer. The compliance plan should contain a proposal for resolving the issues of non-compliance and a schedule for achieving compliance. If factual errors are found in the compliance evaluation report, these errors may be addressed in the compliance plan, but the alternate enforcement procedure does not provide for a dispute of the issues. If the company wishes to dispute any allegations of non-compliance, including rule or statute interpretation, the traditional enforcement procedure will be used, including the possible issuance of a formal notice of violation. If the compliance plan is accepted and approved by the Department, the case will be tracked until the non-compliance issues are resolved, after which the case will be promptly closed. An enforcement conference and/or a penalty may still be required if appropriate.
With this new procedure implemented, the Department’s and regulated community’s collective goal of full compliance and a healthy environment for the people of the State of Oklahoma can be achieved as quickly as possible.
Late LBP Quarterly Reports Continue to Be a Problem
Every individual that is certified by the DEQ to participate in any of the LBP disciplines is required to submit a quarterly activity report.
The LBP Management Program rule OAC 252:110-13-4 Activities Report states,
Last certification period, less than 50% of the expected reports were submitted on time. These reports are very important to an individual’s certification because all quarterly reports must be filed before a certification can be renewed. When reports are not filed in a timely manner, already limited program resources must be used to send late notices. Sometimes multiple notices are necessary. These additional expenditures are totally avoidable.
DEQ has brought this to the attention of LBP contractors previously, but there has been little improvement in the timeliness of reports. DEQ is now considering imposing penalties for the late submittal of quarterly reports. Quarterly report forms are available on request or www.deq.state.ok.us. If you have questions, feel free to contact Richard Hooper or Kevin Tallant at 405-702-4100.
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