As you are preparing for 2019, there are some important deadlines and activities occurring to consider in your planning. The following list does not include state-specific regulatory deadlines and requirements, but it highlights key federal dates and updates that you should know. If you are unsure of your sites' compliance status, consider having Trinity perform an audit.
Air Reporting & Permitting
- GHG Mandatory Reporting Rule (MRR) Report
February - June (state requirements vary):
- Air Emissions Inventory
Facility- and Year-Specific:
- Title V ACC/Semiannual Monitoring Deviation Report; NESHAP and New Source Performance Standards (NSPS) reports, MACT SSM Semiannual Incident Reports
- Spill Prevention Control & Countermeasure (SPCC) Plan (review every 5 years)
- Engine test reporting
- Notice of Compliance Status (NOCS)
- Structural Demolition and Asbestos Renovation
- ODS Leaks & Repairs
- Three types of deviations should be reported:
- SSM Immediate Incident Report - Excess emissions when an SSM Plan was not followed
- Excess emissions due to start-up, shut-down, malfunction and upset
- Excess emissions NOT due to start-up, shut-down, malfunction and upset
- EPA's Clean Air Markets Division (CAMD) released a new version of the CAMD Business System during summer 2018 and the software includes several functionality improvements.
- In MACT regulations, there are a plethora of new monitoring requirements, both CEMS and CPMS.
- EPA's Emissions Collection and Monitoring Plan System (ECMPS) is expected to include the ability, and eventually requirement, to upload monitoring data from other programs. Current submittals are limited to EGU MACT on a .pdf basis but more are coming and will be electronic.
- Permit renewals due in 2019 or any new projects that will require permit changes associated with new or modified equipment, major repairs/rebuilds, or debottlenecking production.
- Consider pursuing more flexible permit conditions in 2019.
- Don't overlook common sources such as gasoline storage, cooling towers, and parts washers.
Chemical & Waste Reporting:
March 1 (most states):
- EPCRA Tier II Hazardous Chemical Inventory Report
- Toxic Release Inventory (TRI) (a.k.a. Form R)
- EPCRA Chemical Supplier Notifications: First shipment of the year
- TSCA CDR due in 2020 - Begin collecting 2019 data needed for reporting
- 5 year RMP update or triggering event update
- CERCLA/EPCRA Continuous Release Reports
- Federal Annual/Biennial Hazard Waste Report
- Annual report for primary hazardous waste exporters and for specific waste generators in some states
- Biennial report for LQG facilities that generate and/or receive hazardous waste and TSDF (Reported in even numbered years, March 1, 2020)
OZONE DEPLETING SUBSTANCES (ODS)
On October 1, 2018, EPA issued a proposed rule in the Federal Register that included the following:
- Proposal to limit leak repair provisions to refrigerants containing ozone depleting substances (ODS)
- Request for comment on:
- Full roll back of requirements under this rule for non-ODS refrigerants (all but the venting prohibition)
- 6-12 month extension to 1/1/2019 compliance date for non-ODS refrigerants if rule not finalized in reasonable time prior to 1/1/2019
Many more details can be found in this EQ Fall 2018 edition, Refrigerant Management Rule - Ready or Not.
On September 21, 2018, the DC Circuit Court vacated EPA's delay of the 2017 RMP Final Rules, stating that the agency's delay until February 19, 2019 exceeded the 90-day delay that is allowed under rule reconsideration. As a result of that decision, components of the 2017 RMP Final Rules that had effective dates prior to the court's decision were immediately in effect. The remaining requirements will be triggered on their effective dates in the 2017 rule, unless a final version of the proposed RMP Reconsideration Rule is finalized first. The public notice period for the proposed RMP Reconsideration Rule closed in August, but the timeframe for issuance of a final RMP Reconsideration rule is not known at this time.
So what does this mean for your site(s) now? The 2017 RMP Rules can be divided into four groups. Please see the groups below and actions needed for regulation compliance.
Also refer to our EQ Summer 2018 article, Summary of the RMP Reconsideration Rule, for more information.
- Proposed changes to AP-42 Chapter 7
- Changed temperature, vapor density, and net throughput equations
- Distinguished fully and partially insulated tanks
- Added tank cleaning calculations
- Added flashing emissions discussion
- Revised solar absorbance terms
- Revised default vapor pressures for heavy stacks
- Various edits/clarifications/corrections
Oil & Gas Facilities
Proposed NSPS OOOOa Revisions
- Changing the leak monitoring frequency to:
- Biennially for low production well sites ( < 15 boe/day)
- Annually for all other well sites
- Semiannually for compressor stations (soliciting annual comment)
- Seeking comment on whether to extend the 60-day requirement for initial leak monitoring
- Allowing 60 days to complete and resurvey leak repairs with a requirement to at least attempt repairs within 30 days
- Allowing owners/operators to comply with specific state-level LDAR requirements as an alternative to NSPS OOOOa LDAR requirements
- Revising pneumatic pump requirements to allow technical infeasibility argument for new sites
- Allowing either a PE or an in-house engineer with appropriate experience to certify technical infeasibility and CVS designs
- Streamlining the process for requesting an Alternative Means of Emissions Limitation (AMEL)
- Updating “well site” definition to avoid applicability to third party equipment
- Revising “capital expenditure” equation for gas plants
- Excluding saltwater disposal wells from LDAR requirements
- Proposing clarifications to what triggers a modification for well site and compressor station LDAR
- Redefining “maximum average daily throughput” for storage vessel initial emission calculations
EPA Policy Changes
- Source determinations, (see EQ Summer 2018 article, New Developments in the Ongoing Saga for Major Source Determinations)
- Apr 30, 2018 letter: Interpreting “common control”
- Sep 4, 2018 memo: Interpreting “adjacent”
- PSD applicability
- Dec 7, 2017 memo: Projected actual emissions
- Mar 13, 2018 memo: Project emissions accounting
- Other policy changes
- May 9, 2018 memo: NAAQS Updates
- Apr 17, 2017 memo: SILs for ozone and PM2.5
- Jan 25, 2018 memo: Once In, Always In
- Aug 21, 2018 memo: “compliance”, not “enforcement”
For assistance determining how these requirements and changes apply to your organization, contact Trinity Consultants at (800) 229-6655.