EPA to Delay SPCC Deadline

June 18, 2004

In response to industry disputes with several provisions of the revised rule and a request from the Senate Environment and Public Works Committee, EPA has indicated that the it will postpone the deadline for compliance with the latest revisions to the Spill Prevention, Control and Countermeasure (SPCC) rules. New compliance deadlines have not been announced. Until new deadlines have been announced, it would be prudent to proceed with adoption and implementation of your SPCC plan revisions, as though the August 17 deadline were to remain in effect.

The disputed provisions include secondary containment, tank integrity, security, small facility requirements, and application of the rule to fuel tanks on mobile industrial equipment. EPA has not stated which provisions will be addressed in supplemental rules and guidance, but has indicated that it may streamline SPCC requirements for small facilities, which may be allowed to use generic SPCC plans, perhaps developed in coordination with industry trade groups. These plans would then be supplemented by each facility with site-specific information.

On May 25, 2004, EPA published a notice in the Federal Register that provides information about partially settled litigation over the SPCC rule. The notice includes clarifications developed by the Agency during the course of the settlement proceedings. EPA's Office of Solid Waste and Emergency Response (OSWER) issued a letter to the Petroleum Marketers Association of America (PMAA) in response to PMAA's questions about the 40 CFR 112.7(a)(2)'s "equivalent environmental protection" provision and request for clarification of the scope of the requirements in 40 CFR 112.7(h) ("Facility tank car and tank truck loading/unloading rack (excluding offshore facilities)").




Conformity Regulations Adjusted to Meet New Air Quality Standards

To ensure that federally supported highway and transit project activities do not hamper local, state and regional efforts to improve air quality, EPA is revising regulations in order to reflect new, more protective standards for ground-level ozone and fine particles.

EPA recently designated a number of new areas as nonattainment for the 8-hour ozone standard and plans to designate nonattainment areas for the PM2.5 standard by the end of the year. The new standards and other factors necessitated the changes to EPA's transportation conformity regulations. Transportation conformity is required by the Clean Air Act to ensure that federally supported highway and transit project activities do not cause new air quality violations, worsen existing violations, or delay timely attainment of an air quality standard.

EPA and the Department of Transportation will provide several training workshops around the country this summer to implement the final rule. For additional information, visit EPA's web site at http://www.epa.gov/otaq/transp/traqconf.htm.




Massachusetts Leads the Way in Shop Towels

The Massachusetts Department of Environmental Protection (DEP) has established a policy that exempts from full regulation certain shop towels, in a manner similar to EPA's pending rule. The DEP has provided the following waste management guidance for industrial wipers (shop towels, rags and disposable wipes used in commercial and industrial settings such as auto repair and printing shops) contaminated with listed and characteristic solvents having the following waste codes (as defined in MGL 21C and 310 CMR 30.000): D001, F001-F005 and the commercial chemical products intended for use as solvents which are listed in 310 CMR 30.133 - the "U" solvents.

It is DEP's position that non-saturated, solvent-contaminated industrial wipers do not pose a significant threat to human health or the environment when managed properly. As such, DEP will allow a conditional exemption from regulation as a hazardous waste, under 310 CMR 30.000, for non-saturated, solvent-contaminated industrial wipers that are managed according to the practices described in this policy.

This conditional exemption applies only to industrial wipers that are non-saturated. A solvent-contaminated industrial wiper that is saturated and disposed, or treated or stored prior to disposal, is a hazardous waste pursuant to 310 CMR 30.000. For waste oil-contaminated industrial wipers, refer to DEP Policy #92-02 - "Waste Management for Industrial Wipers and Sorptive Minerals Contaminated with Waste Oil."

Non-saturated solvent-contaminated industrial wipers that are not a hazardous waste for any other reason (i.e. the Toxicity Characteristic (TC)) are non-hazardous wastes, and therefore have several waste management options as a solid waste. DEP recommends that generators follow the Bureau of Waste Prevention; hierarchy of solid waste management as expressed in the Master Plan, which is to first reduce; second, to reuse/recycle; third, to incinerate in a waste-to-energy facility; and last, to landfill in a permitted solid waste facility. A copy of the policy can be found on the DEP web site.




Conformity Regulations Adjusted to Meet New Air Quality Standards

To ensure that federally supported highway and transit project activities do not hamper local, state and regional efforts to improve air quality, EPA is revising regulations in order to reflect new, more protective standards for ground-level ozone and fine particles.

EPA recently designated a number of new areas as nonattainment for the 8-hour ozone standard and plans to designate nonattainment areas for the PM2.5 standard by the end of the year. The new standards and other factors necessitated the changes to EPA's transportation conformity regulations. Transportation conformity is required by the Clean Air Act to ensure that federally supported highway and transit project activities do not cause new air quality violations, worsen existing violations, or delay timely attainment of an air quality standard.

EPA and the Department of Transportation will provide several training workshops around the country this summer to implement the final rule. For additional information, visit EPA's web site at http://www.epa.gov/otaq/transp/traqconf.htm.




New Report Profiles Environmental Performance in 12 Major Sectors

A new EPA report establishes a performance benchmark for tracking future environmental progress in 12 key industrial and service sectors, including construction, forest products, and iron and steel manufacturing.

The 2004 Sector Strategies Performance Report provides a snapshot of environmental trend data for each group. Drawing from publicly available data sources, the report presents a demographic profile of each sector, plus performance information in such fields as energy conservation, water and air quality, and waste management. This report marks the first time that EPA has assembled available data in this format; the Agency believes this will help the public better understand the environmental progress that is being made in a given sector. The report will also serve as a starting point for identifying the knowledge gaps that need to be filled to improve performance measurement in the future.

These 12 groups participate in EPA's multi-media Sector Strategies Program, established in 2003, which seeks to: (1) measure performance; (2) seek collaborative ways to promote the use of environmental management systems; and (3) addresses regulatory barriers that can hinder performance improvements. The 2004 Sector Strategies Performance Report and other program information are available at http://www.epa.gov/sectors/.




New Five-Step ENERGY STAR Campaign Can Save Energy, Money, Environment

What few people realize is that the average home can cause more greenhouse gas emissions than the average car. EPA is calling on Americans to protect our environment by taking five steps in their own homes to improve energy efficiency. This new ENERGY STAR public awareness campaign is part of EPA's ongoing commitment to educate the public about the benefits of energy efficiency and preventing air pollution.

Public Service Announcements have been sent by EPA to media markets around the country. This multi-year campaign includes television, radio and print public service announcements (in both English and Spanish) that emphasize specific actions consumers can make in their homes to use energy efficiently.

The campaign is based on five simple things everyone can do in their home to make it more energy efficient:

  1. Change five Lights. Replace your five most frequently used lights or the bulbs in them with ones that have the ENERGY STAR label from EPA.
  2. Look for ENERGY STAR labeled Products. Available in more than 40 product categories, including lighting and home appliances.
  3. Heat and cool smartly. Have your heating and cooling equipment serviced annually and remember to replace air filters regularly. Use a programmable thermostat, and when it's time to replace old equipment, choose an ENERGY STAR labeled model.
  4. Seal up your home. Seal air leaks, add insulation and choose ENERGY STAR labeled windows.
  5. Tell family and friends. Help spread the word that energy efficiency is good for your home and the environment while reducing your monthly energy bills.

Last year alone, Americans, through the ENERGY STAR program, saved enough energy to power 20 million homes and avoid greenhouse gas emissions equivalent to those from 18 million cars - all while saving $9 billion.

As part of his February 2002 National Energy Plan, President Bush called for increased public awareness of the ENERGY STAR program and its benefits to consumers and businesses. The President also called for the expansion of the program to provide the ENERGY STAR label to additional building types including grocery stores, hospitals and hotels.

EPA introduced ENERGY STAR in 1992 as a voluntary, market-based partnership to reduce air pollution by giving consumers simple energy-efficient choices. Today, with assistance from the U.S. Department of Energy, the ENERGY STAR label is featured on more than 40 types of products as well as on new homes and buildings. More than 9,000 organizations have become ENERGY STAR partners and are committed to improving the energy efficiency of products, homes and businesses. For more information, call 1-888-STAR-YES. For more information and to see the Public Service Campaign, visit http://www.energystar.gov.