Small Business Advisor - May 2022

Small Biz News

Small Business Advisor - May 2022

Facility Action Needed On 1-Bromopropane

The January Edition of the Small Business Advisor provided information on U.S. Environmental Protection Agency’s (EPA) addition of 1-bromopropane (1-BP) to the list of hazardous air pollutants.  The chemical 1-BP is used in solvent degreasing, adhesives, furniture foam fabrication and in other applications including the aerospace industry. The EPA added 1-BP to the list of pollutants because emissions of this chemical may cause adverse effects to human health or the environment.

Facilities are now required to include emissions of 1-BP when determining their potential to emit for hazardous air pollutants. This may change a facility’s classification from an area source to a major source of pollutants. A major source of pollutants is a facility with a potential to emit of 10 tons per year or more of a single regulated hazardous air pollutant, or 25 tons per year or more of total regulated hazardous air pollutants.

Facilities that use 1-BP should calculate their potential to emit for 1-BP and for total regulated hazardous air pollutants including 1-BP.  Facilities with permits containing synthetic minor limits on regulated hazardous air pollutant emissions should include 1-BP emissions when demonstrating compliance.

Any facility that is a major source of hazardous air pollutants due to the inclusion of 1-BP as a regulated pollutant should submit an air pollution control permit application to the Wisconsin Department of Natural Resources (DNR) Air Management Program no later than Feb. 4, 2023, for either a:

  • Part 70 operation permit; or
  • federally enforceable synthetic minor permit to limit hazardous air pollutant potential to emit to less than the major source thresholds.

All facilities are required to identify 1-BP emissions in any air permit application submitted to the DNR. The Air Management Program is updating air permit application checklists and instructions on the DNR’s website to instruct facilities to submit calculations of 1-BP emissions with any air permit application.

Currently there are no applicable 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for 1-BP.  However, if a facility is a major source of hazardous air pollutants due to the inclusion of 1-BP as a regulated pollutant, the facility may now be subject to other standards for major sources of pollutants and must comply with those standards. This includes broad source categories, such as standards for boilers or reciprocating internal combustion engines. Facilities required to submit permit applications because of the inclusion of 1-BP as a regulated pollutant must also identify any applicable requirements in their permit applications. 

Direct questions on 1-BP to DNRAMAIRPERMIT@wisconsin.gov.


Chapter NR 216, Wis. Adm. Code Updates Effective

Chapter NR 216, Wis. Adm. Code contains requirements for storm water Wisconsin Pollution Discharge Elimination System (WPDES) permits.  An updated Chapter NR 216, Wis. Adm. Code became effective on April 1, 2022.  The revised administrative code contains increases to construction site notice of intent application fees that will become effective on Jan. 1, 2023.  A webpage summarizing key changes is available at NR 216 Rule Updates | | Wisconsin DNR.  


Now Available: RR-060, Guidance For Management Of Contaminated Soil And Other Solid Wastes

Following a public comment period and consideration of the comments received, the publication RR-060, Guidance for Management of Contaminated Soil and Other Solid Wastes –§§ NR 718.12 and NR 718.15, Wis. Adm. Code, is now posted and available online.

The revised document has the following changes:

  • A sentence that referred to management of asbestos-containing materials on page 2 was removed.
  • The NR 718 Approval and Process Options approval process for immediate actions involving contaminated soil was modified for clarification (page 5)
  • The locational requirements (page 12) were updated to include the requirement that a responsible party may not place or replace contaminated soil where it poses a threat to public health, safety, or welfare or the environment.

This guidance is intended for use by responsible parties when excavating contaminated soil and other solid waste that may not warrant disposal at an operating, licensed landfill. This guidance describes several approvals that may be available in such situations.

Questions regarding this document may be submitted to Paul Grittner at Paul.Grittner@wisconsin.gov. Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the publications and forms webpage.


Small Business Environmental Council Meeting May 26

The next meeting of DNR’s Small Business Environmental Council will be held May 26 from 9:00 – 11:00 AM via Zoom.  Please contact DNR at DNRsmallbusiness@wisconsin.gov to RSVP and the Zoom link will be sent to you.  The agenda and past meeting documents are available on the Council’s webpage.


Input Opportunities

DNR Water Quality Document Available for Public Review

A new Water Quality document, "Development and Implementation of Water Quality Standards Variances," is currently available for public review on the DNR website. Public input will be accepted via email through the end of the day on Wednesday, June 22, 2022.

To review and provide comments on this document:

  • Visit the Water Quality Program Policy and Guidance page and find the document in the table at the bottom of the page.
  • Feedback related to the document should be emailed to the staff member listed in the table row.

DNR staff will review comments that are submitted and make revisions, as needed, to improve the quality of the document.

 

EPA Proposes a Reporting rule for Asbestos under Section 8(a) of the Toxic Substance Control Act

On May 6, 2022, U.S. Environmental Protection Agency (EPA) published proposed reporting and recordkeeping requirements for asbestos under the Toxic Substance Control Act (TSCA). The proposed rule is a one-time reporting obligation for certain manufacturers and processors of asbestos including manufacturers and processors of articles containing asbestos or asbestos that is a component of a mixture. The data elements for reporting include the quantity manufactured or processed per asbestos type and use, and employee exposure information.

Although TSCA Section 8(a) provides an exemption for small manufacturers (including importers) or processors, EPA is imposing these requirements on all small businesses for all forms of asbestos, except for Libby Amphibole. EPA explains it can do so under TSCA because these forms of asbestos are subject to an existing TSCA rulemaking. As a result, only small manufacturers and small processors of Libby Amphibole are exempt from reporting. While EPA is using its existing definition for small manufacturer, the agency is proposing to establish a definition of small processors in this rulemaking.

Comments are due on July 5, 2022.

Read EPA’s proposal and submit comments through Regulations.gov.


Training Opportunities

Interstate Technology Regulatory Council Comprehensive Vapor Intrusion Mitigation Training June 2 and 14

The Interstate Technology Regulatory Council (ITRC) will offer online, comprehensive vapor intrusion training based on recent, technical guidance from the national group.

The upcoming live webinars will cover the purpose and use of the Dec. 2020 comprehensive web-based series of technical resources for Vapor Intrusion Mitigation.

Staff from the DNR’s Remediation and Redevelopment Program participated in the development of both the technical resources and training.

The training consists of a series of eight modules on the sections listed below and will be presented over two, two-hour sessions:

  • Thursday, June 2, 2022 (noon to 2 p.m. CST)
  • Tuesday, June 14, 2022 (noon to 2 p.m. CST)

Environmental professionals are encouraged to register and participate.