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EPA proposes new rule to increase PSD limit for ethanol plants from 100 tons to 250 tons per year

(extracted from EPA website)

EPA is proposing to apply the same air permitting requirements for facilities that produce ethanol for fuel or human consumption. Ethanol, a clean-burning renewable fuel, can be used to meet the requirements of the Renewable Fuels Standard Program, which is designed to reduce dependence on foreign oil by doubling the use of vehicle fuels from American crops by 2012.

Ethanol is produced at corn milling facilities for use as fuel or human consumption. While the processes are similar, these facilities are currently treated differently under Clean Air Act permitting programs. EPA’s proposal would provide equal treatment for corn milling facilities, regardless of whether they produce ethanol for fuel or human consumption.

Currently, corn milling facilities that produce fuel and emit less than 100 tons per year of air pollutants are not subject to the Prevention of Significant Deterioration (PSD) permitting program. Conversely, corn milling facilities that produce products for human consumption do not trigger PSD until they emit more than 250 tons per year. The proposal would establish the same emissions limits under the PSD program – 250 tons per year – regardless of whether the ethanol end product is used for fuel or human consumption. The thresholds for the New Source Review and Title V permitting programs would remain at current levels, which vary from 10 to 100 tons per year depending on the area in which the facility is located.

EPA will accept comment on this proposal for 60 days following publication in the Federal Register.

For more information about PSD and this proposal, visit: http://www.epa.gov/nsr/actions.html

Contact Information: John Millett, (202) 564-4355 / millett.john@epa.gov

http://www.epa.gov/nsr/documents/proposal20060228.pdf

Cattle Feedlot Operator in Southwestern Iowa Cited for Clean Water Act Violations

Extracted from EPA website

EPA Region 7 has cited Lauritsen Cattle Company, a feedlot operator in southwestern Iowa, for illegally discharging pollutants into a tributary of the East Nishnabotna River in violation of the Clean Water Act. The operator also has failed to fully comply with the Iowa Open Feedlot Plan.

EPA ordered Lauritsen Cattle Company (Lauritsen) to build proper livestock waste control structures to stop feedlot wastewater and runoff from further damaging the environment. Lauritsen had been violating the law by operating its cattle feedlot without those controls. The feedlot is located near Exira, about 70 miles west of Des Moines.

In addition, Lauritsen has agreed to pay a $29,700 penalty. The enforcement case will be finalized in mid-March, subject to public comment during a 40-day comment period.

EPA brought this action after the Iowa Department of Natural Resources (IDNR) expelled Lauritsen from the Iowa Open Feedlot Plan (Iowa Plan). Lauritsen registered in the Iowa Plan in 2001, but failed to meet its mandatory deadlines for progress. The Iowa Plan ends April 1.

“Our message to Iowa cattle producers has been clear,” said Jim Gulliford, EPA regional administrator. “Producers were given a five-year enforcement moratorium to fully comply with the law, and we expect them to meet the commitments they made when they entered into the agreement. When the Iowa Plan ends, EPA will enforce the Clean Water Act against feedlots that are polluting the nation’s waters.”

IDNR developed the Iowa Plan in 2001 with input from 11 organizations and agencies, including EPA. It established a five-year enforcement moratorium by IDNR and EPA for feedlots that registered in the Iowa Plan and met specific compliance milestones.

Several hundred cattle feedlots in Iowa are regulated under the Clean Water Act, which requires feedlots to prevent the discharge of all livestock runoff because of the numerous pollutants it contains, often at harmful levels. Illegal runoff from open feedlots has caused a number of fish kills in Iowa in recent years.

Animal wastes are typically high in nutrients, including ammonia and other pollutants, which can cause decreased oxygen levels in receiving waters. These depleted oxygen levels can adversely impact fish and other aquatic life. In addition, ammonia above certain concentrations in surface water is toxic to fish.

Cattle feedlot wastewater may also contain a number of bacterial and viral pathogens (such as E. coli), as well as parasites (such as Cryptosporidium). Illnesses caused by ingestion of these microorganisms can result in gastroenteritis, fever, and kidney failure.

Release date: 03/06/2006

Contact Information: Martin Kessler, (913) 551-7236, kessler.martin@epa.gov

EPA proposed new rules to increase PSD limit from 100 tons to 250 tons per year

(Extracted from EPA news release dated March 1, 2006)

EPA is proposing to apply the same air permitting requirements for facilities that produce ethanol for fuel or human consumption. Ethanol, a clean-burning renewable fuel, can be used to meet the requirements of the Renewable Fuels Standard Program, which is designed to reduce dependence on foreign oil by doubling the use of vehicle fuels from American crops by 2012.

Ethanol is produced at corn milling facilities for use as fuel or human consumption. While the processes are similar, these facilities are currently treated differently under Clean Air Act permitting programs. EPA's proposal would provide equal treatment for corn milling facilities, regardless of whether they produce ethanol for fuel or human consumption.

Currently, corn milling facilities that produce fuel and emit less than 100 tons per year of air pollutants are not subject to the Prevention of Significant Deterioration (PSD) permitting program. Conversely, corn milling facilities that produce products for human consumption do not trigger PSD until they emit more than 250 tons per year. The proposal would establish the same emissions limits under the PSD program – 250 tons per year – regardless of whether the ethanol end product is used for fuel or human consumption. The thresholds for the New Source Review and Title V permitting programs would remain at current levels, which vary from 10 to 100 tons per year depending on the area in which the facility is located.

EPA will accept comment on this proposal for 60 days following publication in the Federal Register.

For more information about PSD and this proposal, visit: http://www.epa.gov/nsr/actions.html
Contact Information: John Millett, (202) 564-4355 / millett.john@epa.gov

Comments Sought on CAFO Compliance Extensions

(extracted from EPA Newsroom)

(12/16/05) EPA is seeking comments on a proposal to extend the dates for concentrated animal feeding operations (CAFOs) to seek National Pollutant Discharge Elimination System permit coverage and to implement nutrient management plans as required by EPA's 2003 CAFO rule. The extensions reflect revisions to permit application deadlines required by the decision issued by the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). EPA is developing new regulations in response to the decision but is not expected to finalize the rule by the date that new CAFOs must seek permit coverage. EPA is proposing to move expediently to revising these dates in a separate rulemaking.

Contact: Dale Kemery, 202-564-4355 / kemery.dale@epa.gov

Additional information about the CAFO rule is available at: http://cfpub.epa.gov/npdes/afo/cafofinalrule.cfm Visit: http://www.epa.gov/npdes/afo for details about animal feeding operations.

EPA proposes to extend the SPCC compliance dates for farms

(From the EPA’s National Agriculture Compliance Assistance Center)

EPA is proposing two amendments to the Spill Prevention, Control, and Countermeasure (SPCC) Rule. The first streamlines the regulatory requirements for qualified facilities and equipment regulated under 40 CFR part 112. The second extends the SPCC compliance dates for all facilities. EPA proposes to extend the compliance dates for the owner or operator of a farm, as defined in proposed §112.2, that has a total storage capacity of 10,000 gallons or less, to prepare or amend and implement the farm’s SPCC Plan. The Agency proposes to extend the farm compliance dates until EPA completes information collection and analysis to determine if differentiated SPCC requirements may be appropriate for farms. The agricultural community has provided EPA with additional information and data which suggests that the universe of farms subject to the SPCC rule may be much larger than EPA estimated in the preparation of the 2002 SPCC rule revisions. EPA believes that the unique characteristics of farms pose particular challenges to SPCC compliance and that further consideration of the requirements as they relate to farms is warranted. Therefore, EPA intends to review the impact of the SPCC requirements on farms and will take action in a future rulemaking.

USEPA Publishes new "All Appropriate Inquiry Rules" with November 1, 2006 Effective Date

The EPA has recently published the final “All Appropriate Inquiry” rules, with an effective date of November 1, 2006. The citation is here: http://www.epa.gov/fedrgstr/EPA-WASTE/2005/November/Day-01/f21455.htm. This provision will have a profound impact on environmental practices and real estate work. Here is a quote from the rule’s preamble:

“Prospective landowners who do not conduct all appropriate inquiries prior to or on the date of obtaining ownership of the property may lose their ability to claim protection from CERCLA liability as an innocent landowner, bona fide prospective purchaser, or contiguous property owner.”

Does this mean that properties adjacent to known contamination can no longer be purchased without inviting superfund liability?

EPA Comment Period for 303(d) List Expires December 19th

The EPA has announced its decision on Iowa’s 2004 Section 303(d) List (impaired waters), and is giving the public the opportunity to review its decision to add waters back to the state’s 303(d) list. Under Section 303(d) of the 1972 Clean Water Act (CWA), states, territories, and authorized tribes are required to develop lists of impaired waters every two years. By law, EPA must approve or disapprove those 303(d) lists. EPA is partially approving and partially disapproving Iowa’s 2004 Section 303(d) List. EPA’s decision document and supporting documentation were mailed to the state November 14.

EPA is adding 20 water bodies and associated pollutants of concern to Iowa’s list. Of these 20 water bodies, six were removed by the state in its final 2004 list and are being restored to the list by EPA. EPA is also approving Iowa’s listing of 216 water bodies and delisting of 43 water bodies.

The 30-day public comment period on EPA’s decision began Nov. 18. The comment period ends Dec. 19. (Dec. 18 falls on a Sunday.) The list and supporting information will be available on-line by Nov. 18 at:
www.epa.gov/region07/water/tmdl.htm.

For more information, please call Karen Flournoy, EPA Region 7, at (913)
551-7782 or toll-free at (800) 223-0425.