Download the full report for June 2012 (pdf)

Recent Developments (Updated June 1, 2012)

EPA Revises 1997 Ozone NAAQS Implementation Rule

The U.S. Environmental Protection Agency (EPA) revised the rules for implementing the 1997 8-hour national ambient air quality standard (NAAQS) for ozone to address aspects of the rule vacated by a federal court.  The original implementation rule established a two-tier scheme for implementing the 8-hour ozone standard, with areas that met the 1-hour but not the 8-hour standard classified as “basic” nonattainment. In the wake of the court decision rejecting this strategy, EPA reclassified former basic ozone nonattainment areas as marginal, moderate, serious, severe or extreme based on various factors. In New York, three of the five basic ozone nonattainment areas have been classified as marginal nonattainment and the remaining two as moderate. Consistent with the court’s decision, EPA also expanded the list of measures that must remain in state implementation plans after the 1-hour ozone NAAQS is revoked (i.e., anti-backsliding provisions). The rule can be found in the May 14, 2012 Federal Register at: www.gpo.gov/fdsys.

EPA Accepts Comment on Draft Hydraulic Fracturing Guidance

EPA is accepting comment on a draft guidance document clarifying the underground injection control (UIC) permit requirements for hydraulic fracturing activities involving diesel-containing fracturing (fracking) fluid. Under federal law, only hydraulic fracturing activities involving fracking fluid that contains diesel require a UIC permit. EPA’s draft guidance identifies by Chemical Abstracts Service Registry Numbers the six types of diesel fuel proposed to be regulated under the UIC program. It also contains recommendations on how permit writers should implement key aspects of the UIC permitting requirements for activities involving diesel-containing fracking fluid. Because EPA implements the UIC program in New York, the final guidance will apply to fracking activities in the state. Notice of the draft guidance can be found in the May 10, 2012 Federal Register at: www.gpo.gov/fdsys.

Other Recent Developments

Federal

• AIR: EPA published a rule establishing thresholds and deadlines for classifying nonattainment areas as marginal, moderate, serious, severe or extreme under the 2008 8-hour ozone NAAQS.

• AIR: EPA determined that use of onboard refueling vapor recovery equipment is widespread enough in the motor vehicle fleet to eliminate the need for gasoline stations to be equipped with Stage II vapor recovery systems.
• WATER: EPA adopted effluent limitation guidelines and new source performance standards for the airport deicing category applicable to commercial airports that conduct deicing activities and have more than 1,000 annual departures of scheduled commercial jet aircraft.
• WATER: EPA adopted changes to analysis and sampling test procedures applicable under various Clean Water Act programs, including the National Pollutant Discharge Elimination System (NPDES) permit program.
• SAFETY AND HEALTH: The Occupational Safety and Health Review Commission is seeking comment on proposed changes to its Settlement Part program, which subjects larger OSHA citations to a settlement process before formal adjudication.

New York State

• AIR: The New York State Department of Environmental Conservation (DEC) made available for comment its proposed annual monitoring network plan, which calls, among other things, for discontinuing or relocating various ambient air monitors.
• CLIMATE CHANGE: The member states of the Regional Greenhouse Gas Initiative took comment from the public on key components of the RGGI power plant cap-and-trade program as part of their 2012 comprehensive review of the program.
  • WATER: DEC made available for review its revised Environmental Benefit Permit Strategy rankings, which prioritize its schedule for conducting comprehensive reviews of State Pollutant Discharge Elimination System permits during the upcoming year.
  • WATER: DEC made available for comment its draft water quality certification required to implement EPA’s revised draft general NPDES vessel general permit (VGP) as well as a new permit targeted at smaller commercial vessels. The WQC for the VGP includes several state-specific conditions required to ensure that discharges from vessels subject to the VGP will not cause water quality problems.
  • WATER: DEC and the New York City Department of Environmental Protection are seeking comment on a draft consent order and protocol designed to help manage turbidity and reservoir releases from the Ashokan Reservoir.