PWGC Facilities Newsletter -- Winter 2013 Edition
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Winter Newsletter

Facilities Edition

Our facilities newsletters are designed to help you stay up-to-date on ever-changing environmental rules,
regulations, and other pertinent issues related to
the Manufacturing, Chemical, and Production industries.

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Ultra Low Sulfur Diesel Requirements for Stationary Combustion Sources

At the end of March 2013, Chapter 6 of the New York Code of Rules and Regulations (NYCRR) Subpart 225-1, which imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources, was amended and adopted. Starting in July 2012, owners and/or operators of commercial, industrial, or residential emission sources that fired No. 2 heating oil had to switch to No. 2 heating oil with 0.0015 percent sulfur by weight or less (ultra low sulfur).

Per 6 NYCRR 225-1.2 (g) Owners and/or operators of a stationary combustion installation that fires distillate oil other than No. 2 heating oil are limited to the purchase of distillate oil with 0.0015 percent sulfur by weight or less on or after July 1, 2014. Most emergency generators will fall into this category and will be required to burn ultra low sulfur distillate oil by July 2014. Note that distillate oil is defined by the NYSDEC as a fuel oil consisting of distilled fractions and having a kinematic viscosity of 5.8 centistokes or less at 100 degrees Fahrenheit. This includes ASTM grade Nos. 1 and No. 2 fuel oil, ASTM grade Nos. 1-D and 2-D diesel fuel oil and proposed ASTM grade Nos. 1-GT and 2-GT gas turbine fuel oil. This definition means that No. 1 and No. 2 (diesel and heating oil) meet the definition of distillate oil. Most facilities use diesel/heating oil 1 or 2. Some continue use No. 4 heating oil; however, No. 4 is usually a blend with residual fuel oil stocks and distillate oil and considered a residual oil. In NYC, No. 4 fuel oil is being phased out. See subpart NYSDEC 225-1.2(d) and (e) for residual oil requirements.

Per 6 NYCRR-225-1.2 (g) (h) Owners and/or operators of any stationary combustion installation that fires distillate oil including No. 2 heating oil are limited to the firing of distillate oil with 0.0015 percent sulfur by weight or less on or after July 1, 2016. Many hospital boilers operating on No. 2 will have to transition to ultra low sulfur heating oil by July 1, 2016.

REMINDER: National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial and Institutional Boilers at Area Sources 40 CFR Part 63, Subpart 6J (Area Source Boiler NESHAP)

The NESHAPs boiler rule is covered under 40 CFR 63 Subpart JJJJJJ and states that gas-fired boilers are exempt from the rule. Boilers of all sizes that solely burn fuel oil (see note below for dual fired located at areas sources) are subject. These boilers are subject to the rule and if constructed prior to June 4, 2010 as they are considered existing sources.

Notification to the EPA of subject existing boilers is due by January 20, 2014.  Existing boilers are subject to tune-ups and some are subject to energy assessments as well depending on the size and use. Compliance dates for tune-ups and energy assessments is March 21, 2014.

Note that dual fired boilers may still be exempt from the rule per 40 CFR 63.11195(e) and 63.11237, gas-fired boilers are defined as:  any boiler that burns gaseous fuels not combined with any solid fuels, burns liquid fuel only during periods of gas curtailment, gas supply emergencies, or periodic testing on liquid fuel. Periodic testing of liquid fuel shall not exceed a combined total of 48 hours during any calendar year.

Contact PWGC today for compliance assistance.
Do not miss important compliance deadlines!

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2008 Federal Multi-Sector General Permit Extended

The 2008 federal Multi-Sector General Permit (MSGP) which expired September 29, 2013 has been extended until the new 2013 permit is issued.  Facilities that obtained coverage under the 2008 MSGP prior to its expiration are automatically granted an administrative continuance of permit coverage. The facilities that are covered under the 2008 MSGP are not required to submit a new NOI for permit coverage until the MSGP is reissued, and must continue to comply with the requirements of the 2008 permit.

The EPA expects to reissue the MSGP this spring. At that time facilities desiring coverage under the MSGP, including those with administrative continuance under the 2008 MSGP, will need to submit NOIs for permit coverage.

EPA’s MSGP applies in areas of the country where EPA remains the NPDES permitting authority and has made the permit available for coverage, which includes four states (Idaho, Massachusetts, New Hampshire, and New Mexico), the District of Columbia, Puerto Rico, all other U.S. territories with the exception of the Virgin Islands, facilities operated by federal operators in four states (Colorado, Delaware, Vermont, and Washington), most Indian Country lands, and a couple of other specifically designated activities in specific states (e.g., oil and gas activities in Texas and Oklahoma).

Contact PWGC for further assistance.

NYSDEC New Audit Incentive Policy

The New York State Department of Environmental Conservation (NYSDEC) has finalized its new Environmental Audit Incentive Policy, which became effective on November 18, 2013. As stated by the NYSDEC, the policy encourages regulated entities to audit their operations and adopt effective approaches to prevent violations, including environmental management systems and pollution prevention, thereby improving compliance with environmental laws statewide and protecting public health and the environment.

To support these actions, this Policy reduces or waives penalties for violations that are discovered and disclosed voluntarily, or discovered during pollution prevention or compliance assistance and encourages regulated entities to engage, during the ordinary course of business, in an environmental audit program. This Policy also identifies incentives for regulated entities to go "beyond compliance" by agreeing to evaluate and incorporate environmental management and pollution prevention into their systems.

This Policy applies to any entity, private or public, including a Federal, State or municipal agency, regulated under New York State environmental laws and regulations. The Department shall exclude regulated entities that, within the past 5 years:

1.    Received a Notice of Violation, Environmental Conservation Appearance Ticket, Notice of Hearing and Complaint, an administrative or judicial order or was subject to a penalty demand; and

2.    Were uncooperative in remedying past violations. The term "uncooperative" includes, but is not limited to, such conduct as failing to respond to Department correspondence (e.g. Environmental Conservation Appearance Ticket, Notice of Hearing and Complaint), or failing to take good faith steps to remedy violations within time frames prescribed by law and as may be directed by the Department in an administrative order. In such situations, the Department may use the traditional enforcement process to solicit environmental audits.

The full policy, NYSDEC Commission Policy 59, may be viewed here.

Contact PWGC for further assistance.
PWGC has provided this newsletter solely for informational purposes; we make no warranties or certifications for a specific matter. If you require further information on a subject of this newsletter, would like to discuss your particular circumstances or would like to provide comments, please feel free to contact us.
Copyright © 2014 P.W. Grosser Consulting, All rights reserved.

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