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Proposal to Extend Compliance Deadline: Spill Prevention, Control, and Countermeasure Plan Amendments Finalized| Details:
| | EPA finalized amendments to the Spill Prevention, Control, and Countermeasures (SPCC) rule on November 5, 2009 which included the 2008 proposed amendments and technical clarifications. The amendments, among other changes, finalized exemptions for certain hot mix asphalt tanks and residential heating oil tanks, clarified the definition of a facility, and amended the facility security requirements. EPA initially revised the regulations in 2002 and has extended the deadline for complying with the new requirements several times since then. In December 2008, EPA amended the SPCC rule again to provide increased clarity, tailor requirements to particular industry sectors (including farms), and streamline certain requirements. The Obama administration delayed the effective date of the 2008 revised rule until January 14, 2010 to allow it time to review the 2008 changes and adopt any additional revisions.
EPA also extended the deadline for facilities to amend and implement changes to their SPCC plans from July 1, 2009 to November 10, 2010. Existing facilities now have until November 10, 2010 to amend and implement their SPCC plans, as necessary, based on the final regulations. Facilities that became operational after August 16, 2002 must prepare and implement a plan by November 10, 2010. Facilities that become operational after that date must prepare and implement a plan before beginning operations.
EPA has recently published a proposed rule making to extend the compliance deadline for most facilities by one year from November 10, 2010 to November 10, 2011. This proposed rule is out for public comment through August 18, 2010. | | Effective Date:
| | 1/14/2010 | | B&L Contact:
| | Jeff Reed |
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New SPDES Permit for Stormwater Discharges from Construction Activity| Details:
| | On January 29, 2010, the NYSDEC issued a new State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity. The permit has been re-titled GP-0-10-001 and will be effective from January 29, 2010 to January 28, 2015.
The permits generally pertain to any construction activities that disturb greater than one acre, although lower thresholds apply to sensitive watersheds. The permit requires the development of a Stormwater Pollution Prevention Plan (SWPPP) and submittal of a Notice of Intent (permit application) prior to the start of construction. SWPPPs that were approved under the previous permit (GP-0-08-001) are still applicable with regard to their design aspects. However, those projects must comply with the new non-design requirements of the permit.
The NYSDEC is currently revising the municipal (MS4) stormwater permit and Stormwater Management Design Manual. Additional information regarding these permitting and design modifications will be provided on this page as soon as they are available. B&L has been involved throughout the permit revision process and is very familiar with the new permit requirements and implications they have on current and planned construction projects. You can download more details here. | | Effective Date:
| | 1/29/2010 | | B&L Contact:
| | Nadine Medina or David Hanny |
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Corps of Engineers Northeast Supplement to the Delineation Manual| Details:
| | USACE has implemented the use of the Northeast/Northcentral Regional Supplement to the 1987 Delineation Manual. This supplement includes several changes in the methodology utilized to determine if an area is a wetland.
It establishes a “drill-down” methodology for evaluating vegetation which can increase the amount of data collection required. It also fully implements the NTCHS Hydric Soils criteria and will require more detailed descriptions of soils. Hydrologic indicators have been expanded and modified through the elevation of secondary indicators to primary indicator status and inclusion of many new indicators with potentially broad application.
The ramification for the regulated community may be an increase in the cost of delineations due to additional data collection needs and potentially an expanded reach of jurisdiction over sites. Any sites delineated before the effective date will be grandfathered in and will not require additional data collection. | | Effective Date:
| | 3/3/2010 | | B&L Contact:
| | James Saxton |
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EPA Guidance on Addressing PCB Content in Caulking Materials| Details:
| | In recent years, EPA has learned that caulk containing potentially harmful was used in many buildings, including schools, in the 1950s through the 1970s. In general, schools and buildings built after 1978 do not contain PCBs in caulk. On September 25, 2009, EPA announced new guidance for school administrators and building managers with important information about managing polychlorinated biphenyls (PCBs) in caulk and tools to help minimize possible exposure to potentially harmful chemicals. PCBs are man-made chemicals that persist in the environment and were widely used in construction materials and electrical products prior to 1978. They can affect the immune system, reproductive system, nervous system and endocrine system and are potentially cancer-causing if they build up in the body over long periods of time. Congress banned manufacture and use of PCBs in 1976, and they were phased out in 1978 except in certain limited uses. The Agency is currently looking to assist communities in identifying potential problems and, if necessary, developing plans for PCB testing and removal. Visit http://www.epa.gov/pcbsincaulk for more information. | | B&L Contact:
| | John Rigge |
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New York State Law Regulating Petroleum Bulk Storage Program Modified| Details:
| | Legislation passed by New York State mandates New York State Department of Environmental Conservation (NYSDEC) to update the existing PBS regulations. Owners and operators of petroleum bulk storage (PBS) facilities that are regulated by NYSDEC are advised to review the new law and petroleum products. Owners and operators of underground and aboveground storage tanks (USTs and ASTs) and containers that are not currently regulated should also review the PBS legislation as the new law also applies to certain previously unregulated facilities. The new law (ENV Article 17 Title 10 – “Control of the Bulk Storage of Petroleum”) took effect July 21, 2009 and is currently being enforced. Unfortunately for facility owners, due to the NYSDEC regulation drafting process timeframes, the revised PBS regulations incorporating the changes made by the new law may not be available for several years.
Two major changes included in the new law were modifications to the definitions of “petroleum” and “facility”. The new definition of “petroleum” now includes all forms of crude oil and synthetic oils. This means that hydraulic oils, dielectric oils, synthetic cutting oils, and other lubricating oils that were previously exempt are now subject to the law. The law also modified the definition of a “facility” which now includes USTs storing more than 110 gallons of petroleum. Facilities with tanks storing petroleum under these new definitions were required to be in compliance with the new law by July 21, 2009.
Other significant changes include: requiring all registered USTs be inspected by NYSDEC, a delegated county, or the EPA at least once every 3 years; requiring three levels of operator training; and prohibition of fuel delivery to underground tanks that have not installed spill prevention devices or that have not corrected operational issues (i.e., previous spills or suspected leaks, failure to maintain equipment). The new law also requires secondary containment for the tank, dispenser, and piping for any new underground tank systems within 1,000 feet of any existing community water system or any potable drinking water well. | | Effective Date:
| | 7/21/2009 | | B&L Contact:
| | Jeff Reed |
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General Permit for Concentrated Animal Feeding Operations (CAFOs)| Details:
| | DEC issued a new general permit for concentrated animal feeding operations (CAFOs) under the State Pollutant Discharge Elimination System (SPDES) wastewater discharge permit program. General Permit GP-0-09-001, under the Environmental Conservation Law is available to medium and large CAFOs that do not discharge manure or process wastewater.
Eligible facilities may obtain coverage by submitting a Notice of Intent (NOI) form and either a comprehensive nutrient management plan certification (CNMP Certification) for medium CAFOs or an annual nutrient management plan (Annual NMP) for large CAFOs. They must then comply with the terms and conditions of the permit, which, among other things, requires submission of an annual compliance report. CAFOs that discharge manure or process wastewater are covered by existing General Permit GP-04-02 under Environmental Conservation Law and the Clean Water Act. Whether a CAFO is classified as medium or large depends on the number of animals that are stabled or confined. Coverage under one of the two general CAFO permits is required for all medium and large CAFOs in New York, and DEC may elect to require certain CAFOs to obtain an individual permit. General Permit GP-0-09-001 is issued for a five-year term effective July 1, 2009. | | Effective Date:
| | 7/1/2009 | | B&L Contact:
| | Kim Scamman |
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