New PM2.5 Air Quality Standard Proposed

In response to a court order, the U.S. Environmental Protection Agency (EPA) has proposed updates to its national ambient air quality standards (NAAQS) for fine particulates known as PM2.5. A federal court ruling required EPA to update the standard based on best available science. According to EPA estimates, 99 % of U.S. counties are projected to meet the proposed standard without any additional action.

EPA’s proposal lowers the annual health standard for PM2.5 to a level within a range of 12 to 13 micrograms per cubic meter. The current annual standard is 15 micrograms per cubic meter. By proposing a range, the agency will collect input from the public as well as a number of stakeholders, including industry and public health groups, to help determine the most appropriate final standard to protect public health. The proposal has no effect on the existing daily standard for fine particles or the existing daily standard for coarse particles (PM10), both of which would remain unchanged.

The Clean Air Act requires EPA to review its standards for particle pollution every five years to determine whether the standards should be revised. The law requires the agency to ensure the standards are “requisite to protect public health with an adequate margin of safety” and “requisite to protect the public welfare.” A federal court ordered EPA sign the proposed particle pollution standards by June 14, 2012, because the agency did not meet its five-year legal deadline for reviewing the standards.

EPA will accept public comment for 63 days after the proposed standards are published in the Federal Register. The agency plans to hold two public hearings; one in Sacramento, CA. and one in Philadelphia, PA. EPA will issue the final standards by December 14, 2012.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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UST Training In South Dakota In 2012

The South Dakota Department of Environment and Natural Resources (DENR) has partnered with the South Dakota Petroleum and Propane Marketers Association to offer a second round of free training to assist owners and operators of regulated underground storage tank systems comply with state and federal requirements.

The Federal Energy Policy Act, passed in 2005, contains requirements for training owners and operators of regulated underground storage tanks. Owners and operators will be trained to properly operate tank systems to prevent spills and releases to the environment, to minimize accidental releases through early detection, and to mitigate damage from a release with proper emergency response.

Training was provided to 810 owners and operators during 33 training sessions in 2011. As a result, records show that 61 percent of the permitted storage tank facilities in the state are in compliance with the training requirements. The federal deadline for all owners and operators to attend a training session is August 8, 2012.

Owners and operators must attend one of the 4-hour training sessions that will be held on specified dates between April 24 and August 3. Training will be conducted in Rapid City, Fort Pierre, Sioux Falls, Yankton, Aberdeen, and Watertown.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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South Dakota 2012 Impaired Waters List

The South Dakota Department of Environment and Natural Resources (DENR) has submitted its 2012 Integrated Report for Surface Water Quality Assessment to the U.S. Environmental Protection Agency (EPA). The biennial report, required under the federal Clean Water Act, was due to EPA by April 1. The Integrated Report contains an assessment of the surface water quality of South Dakota’s waters, a description of South Dakota’s water quality monitoring programs, pollutants causing impairments of the water bodies, and identification of waters targeted for total maximum daily load development. A total maximum daily load is a determination of the amount of pollution a waterbody can receive and still maintain water quality standards.

The 2012 report lists 155 waterbodies or waterbody segments needing a total maximum daily load. Of those listed, 92 (or 59%) are stream and river segments and 63 (or 41%) are lakes that occasionally violate water quality standards. Since the last biennial report in 2010, 69 total maximum daily loads have been completed or determined to be unnecessary, 79 are in progress, and 84 are planned.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Pesticide MSDS Guidance Issued By OPP

The US EPA Office of Pesticide Programs (OPP) has released a Pesticide Registration Notice (PR Notice) in the April 20 Federal Register entitled “Pesticide Registration Notice 2012-1: Material Safety Data Sheets as Pesticide Labeling.” The Notice provides guidance to pesticide registrants concerning the relationship between EPA-approved labels for pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Material Safety Data Sheet (MSDS, also known as the Safety Data Sheet or SDS), required by OSHA. It explains how registrants can ensure their FIFRA labeling and SDSs comply with both EPA and OSHA requirements. The New PR Notice is intended to update previous PR Notice 92-4, in which EPA determined that a MSDS that accompanies a pesticide product is considered part of the pesticide’s labeling, but may accompany a pesticide product without notification or approval from the Agency, provided the labeling is consistent with the requirements of 40 CFR Part 156.

OSHA requires SDSs under its Hazard Communication Standard (HCS) at 29 CFR 1910.1200, and is moving to align HCS requirements with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA published its final rule for HCS on March 26, 2012, and will begin to accept SDSs that are prepared according to the final rule’s requirements on May 25, 2012.

EPA has not yet moved to amend its labeling regulations to be consistent with the GHS, which leads to differences between EPA’s current requirements and OSHA’s new requirements related to classification criteria, hazard statements, pictograms, and signal words. EPA and OSHA worked together to develop PR Notice 2012-1 to address concerns about those differences. EPA says the PR-Notice is intended to aid registrants in assuring that SDSs for their products are not considered inconsistent with the EPA-approved product labeling for pesticides registered under FIFRA by providing guidance on how a registrant may reconcile an SDS with its associated FIFRA labeling.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Action On South Dakota Regional Haze Reduction Plan

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans (including South Dakota), designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. The dates for action on the South Dakota regional haze SIP are:
Proposed Promulgation: November 29,2011
Final Promulgation: March 29, 2012

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

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

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Environmental Training Grants For South Dakota Organizations

The U.S. Environmental Protection Agency has awarded over $100,000 to two South Dakota programs to enhance environmental education in the state.

The South Dakota School of Mines and Technology was awarded $69,000 to carry out a watershed management and monitoring program with students of the Oglala Sioux Tribe and at Oglala Lakota College on the Pine Ridge Reservation. The effort will train high school and college students in water monitoring including sampling, field measurement, data analysis and the presentation of findings in public meetings.

A second grant, in the amount of $36,021 was awarded to the South Dakota Discovery Center, based in Pierre, to develop a statewide plan for environmental literacy through collaboration with key educational institutions and stakeholders in the state. The project will build the capacity of state agencies and organizations to deliver environmental education by improving awareness, knowledge base and skills that South Dakota youth can apply in problem solving and decision making on environmental issues.

Caltha LLP provides expert environmental consultant services in South 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

Proposed Secondary Air Quality Standards For SOX NOX

U.S. Environmental Protection Agency (EPA) is proposing secondary air quality standards for nitrogen oxides (NOx) and sulfur oxides (SOx). The new standards would be identical to the public health standards finalized in 2010. EPA is also proposing to retain the existing secondary standards for each pollutant. EPA will accept comments for 60 days after the proposed rule is published in the Federal Register and will issue a final rule by March 2012.

Caltha LLP provides expert environmental consultant services in South 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