Download the full report for December 2011 (pdf)
Recent Developments (Updated December 5, 2011)
Water Withdrawal Permit Rule Proposed
The New York State Department of Environmental Conservation (DEC) recently proposed regulations implementing a 2011 law establishing an expanded water withdrawal permit program. Consistent with the authorizing statute, the regulations require facilities with the capacity to withdraw at least 100,000 gallons per day (gpd) from the state’s ground or surface waters to get a permit from DEC; other water withdrawal-related activities also require a permit. The regulations establish a multi-year schedule for submitting the required permit application; they also contain detailed requirements for completing the application process and issuing permits. Individuals withdrawing water for agricultural purposes or who engage in interbasin transfers must comply with special registration requirements. Consistent with the authorizing statute, regulated entities must submit annual water withdrawal reports to DEC by March 31st. The proposed regulations can be found on DEC’s website at: www.dec.ny.gov/regulations/propregulations.html.
EPA Proposes Major Revisions to Underground Storage Tank Regulations
The U.S. Environmental Protection Agency (EPA) recently proposed major revisions to its underground storage tank (UST) regulations to implement the requirements of the Energy Policy Act (EPAct) of 2005 and revise/update other UST requirements. Among other things, EPA proposed to: (1) implement a three-tiered system for training employees involved in managing USTs; (2) require secondary containment for certain new/replaced tanks, piping and other equipment; (3) require additional inspection/testing to ensure tank integrity; (4) impose UST requirements on certain tanks that currently are deferred from regulation; and (5) make other changes to improve/update the regulations. DEC currently is revising its petroleum and chemical bulk storage regulations to incorporate both the EPAct requirements and major changes to the petroleum bulk storage statute adopted by the legislature in 2008. The EPA proposal can be found in the November 18, 2011 Federal Register at: www.gpo.gov/fdsys.
EPA Issues Residual Risk/Periodic Technology Findings for Shipbuilding and Wood Furniture Manufacturing Sources
EPA recently issued the final results of its residual risk and periodic technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for shipbuilding and ship repair and wood furniture manufacturing. With respect to the shipbuilding and ship repair standard, which is set forth at 40 CFR Part 63, subpart II, EPA concluded that the existing standard provides an adequate margin of safety and that there have been no technological improvements that justify changes to the rule. With respect to the wood furniture standard, set forth at 40 CFR Part 63, subpart JJ, EPA revised the rule to limit the use of formaldehyde in coatings and contact adhesives and prohibit conventional air spray guns unless they are equipped with controls. As part of the rulemaking, EPA also eliminated existing startup, shutdown and malfunction provisions, requiring instead that facilities comply with the standards at all times, including during startup and shutdown. With respect to malfunctions, EPA adopted an affirmative defense to civil penalties which is available to facilities that satisfy certain criteria. The rule can be found in the November 21, 2011 Federal Register at: www.gpo.gov/fdsys.
Other Regulatory Developments
Federal
- AIR: EPA identified five additional areas of the country as nonattainment under the revised national ambient air quality standards for lead, making a total of 21 lead nonattainment areas nationwide; in New York, Orange County has been designated unclassifiable pending quality assurance of data showing an exceedance of the lead NAAQS in 2011.
- AIR: EPA proposed major revisions to its NESHAPs for mineral wool production and wool fiberglass manufacturing and ferroalloys production following a residual risk/periodic technology review.
- CLIMATE CHANGE: EPA and the National Highway Traffic Safety Administration proposed new standards to improve the fuel economy of light-duty motor vehicles and reduce greenhouse gas emissions for model years 2017-2025.
- BULK STORAGE: EPA extended the deadline for farms to amend and implement their spill prevention, control and countermeasure plans to May 10, 2013 in the wake of extensive flooding and other concerns.
- WATER: EPA announced its final plan for studying the impact of hydraulic fracturing on drinking water, which will examine the full lifespan of water in the hydraulic fracturing process from acquisition through treatment and disposal.
- HEALTH AND SAFETY: The Occupational Safety and Health Administration issued an instruction entitled PSM Covered Chemical Facilities National Emphasis Program that contains procedures for agency inspections of facilities subject to the process safety management program.
New York State
- WATER: The New York State Department of Health amended its public water system (PWS) regulations to implement EPA’s 2006 Groundwater Rule, which was adopted to reduce the risk of exposure to fecal contamination in PWS that use groundwater. Among other things, the rule includes new monitoring, notification, and recordkeeping requirements and requires all PWS to prepare a written monitoring plan.
- OTHER: DEC extended the deadline for submitting comments on its revised draft high volume hydraulic fracturing rulemaking, including the supplemental generic environmental impact statement, general stormwater permit, and regulations, to January 11, 2012.