EPA Publishes Revisions to the Civil Monetary Penalty Inflation Adjustment Rule

On December 23, 2020, EPA published revisions to 40 CFR Part 19, Civil Monetary Penalty Inflation Adjustment Rule in the Federal Register which increased violations to the Clean Air Act from $101,439 per day per violation to $102,638 per day per violation. The rule also increases the monetary penalty for violations to the Clean Water Act from $55,800 to $56,460. This civil penalty applies to violations that occurred after November 2, 2015, where penalties are assessed on or after December 23, 2020. The rule becomes effective on December 23, 2020. A copy of the rule is available here.

 

Maximize Your Company’s Environmental Compliance

Updated Original Post Dated: April 3, 2019

A Data Acquisition System (DAS) is a crucial tool for gathering and analyzing your plant’s compliance data. When it comes to ensuring environmental compliance, DO NOT take any chances that could lead to fines or enforcement. Here are 5 key assessments you NEED to consider when evaluating your current compliance system(s). The right solution can maximize your company’s environmental compliance while significantly reducing risk.Read more »

Alberta Publishes Draft Revisions to 1998 CEMS Code

On October 13, 2020, Alberta Environment and Parks (AEP) published a second draft of the 1998 Continuous Emission Monitoring System (CEMS) Code.  On the same day, AEP hosted a webinar to provide information concerning the proposed revisions to the CEMS Code.  AEP intends to issue the final CEMS Code after January 1, 2021 and the CEMS Code would tentatively become effective on January 1, 2022.  A copy of the draft CEMS Code, supporting documents as well as a recording of the AEP webinar is available at www.alberta.ca/continuous-emissions-monitoring.aspx.  A brochure summarizing the significant revisions to the CEMS code is available here.

EPA Signs Final Revisions to 40 CFR Part 63

EPA Seal

On October 1, 2020, the EPA Administrator signed final revisions to 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories.

The rule will become effective sixty (60) days after publication in the Federal Register.  The rule is designed to formalize EPA’s 2018 guidance memorandum which overturned EPA previous policy of “once in, always in” (OIAI), which is often referred to as the May 1995 Seitz Memorandum.

The rule also finalizes revisions to the Part 63 General Provisions clarifying “that a major source can be reclassified to area source status at any time upon reducing its potential to emit (PTE) hazardous air pollutants (HAP) to below the major source thresholds (MST) of 10 tons per year (tpy) of any single HAP and 25 tpy of any combination of HAP.”

Additionally, the final rule specifies compliance dates, notification, and recordkeeping provisions applicable to sources electing to reclassify to area source status or to sources reverting back to major source status.  A copy of the prepublication version of the rule is available here.