New Rules Proposed Affecting North Dakota Oil & Gas Operations

The U.S. Environmental Protection Agency (EPA) has proposed standards to reduce regulated air emissions from oil and gas drilling operations. These proposed updated standards, issued in response to a court order, would rely on existing technologies to reduce emissions. The proposal would cut volatile organic compound (VOC) emissions from several types of processes and equipment used in the oil and gas industry, including a 95% reduction in VOCs emitted during the completion of new and modified hydraulically fractured wells.

EPA’s analysis of the proposed changes, which also include requirements for storage tanks and other equipment, estimates a net savings to the industry of $10s of millions annually from the value of natural gas that would no longer escape to the air. The proposal includes reviews of four air regulations for the oil and natural gas industry as required by the Clean Air Act: a new source performance standard for VOCs from equipment leaks at gas processing plants; a new source performance standard for sulfur dioxide emissions from gas processing plants; an air toxics standard for oil and natural gas production; and an air toxics standard for natural gas transmission and storage.

EPA is under a consent decree requiring the agency to sign a proposal by July 28, 2011 and take final action by Feb. 28, 2012. As part of the public comment period, EPA will hold three public hearings, in the Dallas, Denver and Pittsburgh areas.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Public Review and Comment Period Extension For Hg Standard

In response to requests from Congress and to allow additional public comment, EPA has extended the timeline for public input on the proposed mercury and air toxics standards applicable to coal-fired power plants. The 30-day extension will not alter the timeline for issuing the final standards in November 2011.

EPA proposed the national mercury and air toxics standards in March. The standards will be phased in over 3 years, and states have the ability to give facilities a fourth year to comply. Currently, EPA estimates that more than half of all coal-fired power plants already deploy widely available pollution control technologies that are called for to meet the proposed standards. Once final in November, these standards will require the remaining coal-fired plants, roughly 44%, take similar steps to decrease emissions.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Extension Of GHG Reporting Deadline

EPA has issued a final rule that extends the deadline for reporting 2010 data under the Greenhouse Gas (GHG) Reporting Program to September 30, 2011. The original deadline was March 31, 2011. Under the GHG Reporting Program entities required to submit data must register with the electronic GHG reporting tool (e-GGRT) no later than 60 days before the reporting deadline. With this reporting deadline extension, the new deadline for registering with e-GGRT is August 1, 2011.

EPA’s GHG Reporting Program requires the reporting of GHG data from large emission sources across a range of industry sectors, as well as suppliers of products that would emit GHGs if released or combusted.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Solid Waste Incineration MACT To Be Revised

EPA promulgated emissions standards for Other Solid Waste Incineration (OSWI) units in 2005. Units covered under that rule included certain very small municipal waste combustion and institutional waste incineration units. In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA's definition of "solid waste incineration unit". In that decision, the court held that any facility that combusts any solid waste material is a commercial or industrial solid waste incineration unit. Based on that decision, EPA has reevaluated some of the categories of units for which EPA did not issue standards or guidelines in the 2005 OSWI rule, such as pathological waste incinerators, and concluded that such units are in fact solid waste incineration units and as such must be regulated under Clean Air Act section 129.

EPA is now initiating rulemaking that will require that an information collection request (ICR) be used to gather data necessary to develop MACT floors and emission limits for the rule.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Chromium Electroplating and Steel Pickling MACT Review

US EPA is in the early stages of conducting its Residual Risk and Technology Review (RTR) for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hard and Decorative Chromium Electroplating, Chromium Anodizing, and Steel Pickling sector (subparts N and CCC).

EPA has finalized how the agency will address the residual risk and technology reviews conducted for the two national emission standards for hazardous air pollutants (NESHAP) for Chromium Electroplating and Steel Pickling operations (subparts N and CCC). The two NESHAPs include 6 source categories. The review also addresses provisions related to emissions during periods of startup, shutdown, and malfunction. Additionally, has finalized changes to correct editorial errors, makes clarification, and addresses issues with implementation.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Renewable Fuel Volumes and Standards Proposed

US EPA has proposed the 2011 percentage standards for the four fuels categories under the agency’s Renewable Fuel Standard program, known as RFS2. The proposed 2011 overall volumes and standards are:

Biomass-based diesel - 0.80 billion gallons; 0.68 %
Advanced biofuels - 1.35 billion gallons; 0.77 %
Cellulosic biofuels - 5 – 17.1 million gallons; 0.004 – 0.015 %
Total renewable fuels - 13.95 billion gallons; 7.95 %

EPA is also proposing changes to the RFS2 regulations that would potentially apply to renewable fuel producers who use canola oil, grain sorghum, pulpwood, or palm oil as a feedstock. This program rule would allow the fuel produced by those feedstocks dating back to July 1, 2010 be used for compliance should EPA determine in a future rulemaking that such fuels meet certain greenhouse gas reduction thresholds.

EPA is seeking public comment on the renewable fuel standards and the proposed changes to the RFS2 regulations, which are due 30 days following publication of the proposed rule in the Federal Register.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Employee Participation in Chemical Safety Inspections

The Environmental Protection Agency (EPA) has released interim guidance on the agency’s chemical safety inspections process. Under the interim guidance, EPA inspectors will offer employees and employee representatives the opportunity to participate in chemical safety inspections. In addition, EPA will request that state and local agencies adopt similar procedures under the Risk Management Program.

The interim guidance pertains to inspections conducted by EPA under the Risk Management Program (RMP), which are intended to reduce the risks to surrounding communities that arise from the management, use or storage of certain hazardous chemicals. Under the Clean Air Act, the Chemical Accident Prevention Provisions require facilities that produce, handle, process, distribute, or store certain chemicals to develop a Risk Management Program, prepare a risk management plan, and submit the plan to EPA.

EPA expects to issue final guidance on participation of employees and employee representative in RMP inspections later this year.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

ECF Rule Withdrawn By US EPA

Due to difficulty of ensuring that emissions from burning ECF are comparable to emissions from burning fuel oil, EPA has now withdrawn the Emission Comparable Fuels (ECF) Rule, which had been finalized in December 2008. The ECF rule sought to reduce regulatory burdens by reclassifying fuels that would otherwise be regulated as hazardous waste, but generate emissions similar to fuel oil when burned.

The ECF rule was criticized for potentially allowing hazardous waste to evade the hazardous waste regulatory system, and for being difficult to administer. Industry members have also criticized it because of the detailed conditions for reclassification, which they believe will limited the rule’s use.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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info@calthacompany.com or Caltha LLP Website

Proposed Change TO GHG Reporting

The data collection for the Greenhouse Gas (GHG) Mandatory Reporting Rule starts on January 1, 2010, and the first reports to EPA are due on March 31, 2011. As part of that first report, EPA is now proposing that reporters also include the name of their Corporate Parent and North American Industry Classification System (NAICS) code. EPA has proposed to include these two data elements in the reports and is seeking public comments on the most efficient way of defining and collecting these elements. EPA is also taking comment on whether or not to have reporters list the existence of a co-generation unit at their facility. Timeline

The Comment Period on the proposed amendments to reporting requirements will close June 11, 2010 and EPA anticipated the final rule will be published in October 2010.

More information on GHG Reporting

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Fugitive Dust Rule Implementation Delayed

The EPA has put the fugitive emissions requirements in the federal Prevention of Significant Deterioration (PSD) program on hold for 18 months. The Fugitive Emissions Rule requires that fugitive emissions be included in determining whether a physical or operational change results in a major modification. Initially, the final rule that was issued on December 19, 2008 amended all portions of the major New Source Review program regulations: permit requirements, the PSD program, and the emission offset interpretive ruling. In 2009, EPA agreed to reconsider the approach to handling fugitive emissions challenged in the petition and granted a 3-month administrative stay of the fugitive emissions rule.

The administrative stay of the Fugitive Emissions Rule became effective on September 30, 2009 and remained in effect until the EPA put an additional 3-month stay in place from December 31, 2009 until March 31, 2010. The final rule issued on March 31, 2010 put in place an additional stay for 18 months, to allow for sufficient time to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the federal PSD program.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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GHG Rule Implementation Timelime

U.S. Environmental Protection Agency (EPA) has decided that no stationary sources will be required to get Clean Air Act permits that cover greenhouse gases (GHGs) before January 2011.

EPA’s action determines that Clean Air Act construction and operating permit requirements for the largest emitting facilities will begin when the first national rule controlling GHGs takes effect. If finalized as proposed, the rule limiting GHG emissions for cars and light trucks would trigger these requirements in January 2011. The agency expects to issue final vehicle GHG standards shortly.

This action is the final step in EPA’s reconsideration of the December 18, 2008 memorandum entitled “EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.” The final action clarifies when GHGs and other pollutants are covered under Clean Air Act permitting programs.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Environmental Rule Updates - Environmental Compliance Topics

Caltha LLP maintains several websites to provide regulatory updates and discussion of current environmental, health and safety topics, as listed below. Interested parties can register to receive automatic notification when a new topic is posted.

SWPPP - Stormwater Pollution Prevention Plans - Stormwater Permits - Stormwater Training
Discussions and comments on stormwater permitting programs in all States, including industrial, municipal (MS4) and construction sites. Topics include general stormwater permits, Stormwater Pollution Prevention Plans, monitoring, training, spill prevention and control, SPCC compliance.

Water Quality Standards - Aquatic Toxicology - NPDES Permit Limits
Discussion of a variety of topics related to State and Federal water quality standards, ambient water quality criteria, sediment criteria, NPDES & site-specific discharge standards, water quality management, aquatic toxicology, aquatic community impacts, and water quality assessment.

Environmental Sustainability - Sustainable Environmental Management Systems
Discussion of sustainability topics, including pollution prevention, waste reduction, material reuse, environmental management systems, product stewardship, and international environmental standards.

Environmental Due Diligence - Site Assessments - Phase I ESA - Environmental Liability
Discussions and comments regarding environmental due diligence, environmental liabilities, CERCLA liabilities, Phase I environmental site assessments, corporate liabilities, environmental compliance liabilities, quantitative environmental liability assessment.

Regulatory Briefings
Regulatory Briefings are published periodically by Caltha to highlight new or proposed regulations on a wide range of environmental, health & safety topics. These briefings are generally 2- to 4-pages in length and provide an overview of the regulations and discuss potential impacts on the regulated community. Participants must sign up to receive an email link to new Regulatory Briefings as they are posted.

Caltha LLP provides expert environmental consultant services in North Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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North Dakota EHS Consulting Services - Environmental Consultant

Caltha LLP provides expert technical consulting services to private and public sector clients across North Dakota. For further information, clink on links below:

North Dakota (NDDH) Air Permit Compliance – Air Emission Permitting Services
North Dakota (NDDH) Stormwater Permit Compliance – Storm Water Permitting Services
North Dakota (NDDH) Environmental Assessment– Phase I (Phase 1) ESA Services
North Dakota Environmental Audit – Environmental Compliance Services
North Dakota Environmental Training Services
North Dakota Haz Com – Hazard Communication Compliance Services

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North Dakota Environmental Consultant Services

Caltha LLP is an Environmental Health & Safety (EHS) Consultant serving a broad range in public and private sector clients in North Dakota.

Caltha’s practice areas include:

• Air permitting
• Wastewater permitting
• Stormwater permitting
• Environmental review
• Waste management consulting
• ISO 14001 – Environmental management system consulting
• EH&S Training
• Site assessment & environmental due diligence
• Risk assessment
• Hazard communication
• Product stewardship support
• Temporary EHS staffing

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North Dakota (NDDH) Air Permiting - Air Consultant Services

Caltha LLP provides a wide range of services related to air emission permitting and compliance. This includes:

State operating permits
Part 70 operating permits
PSD permitting
Registration permits
Air emission inventory
NDDH reports
Recordkeeping systems
Employee training
BART determination
Fugitive emission determination


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