October 2005 Selected Proposed Regulations, Adopted Regulations and Notices Proposed Regulations 40 CFR Parts 302, 355 CERCLA Federal Register, Vol. 70, No. 191, 10/4/05 at 57813 Summary: The Environmental Protection Agency is proposing new administrative exemptions from certain notification requirements for releases of less than 1,000 pounds of nitrogen oxide and nitrogen dioxide to the air in 24 hours that is the result of combustion activities and not due to an accident or malfunction. 40 CFR Part 372 EPCRA Federal Register, Vol. 70, No. 191, 10/4/05 at 57822 Summary: The Environmental Protection Agency is proposing to increase the eligibility for the Form A Certification Statement for non-Persistent Bioaccumulative and Toxic (BPT) chemicals by raising the threshold to 5000 pounds for the annual reportable amount and allow limited use of Form A for PBT chemicals where total releases are zero and the PBT annual reportable amount does not exceed 500 pounds. 40 CFR Part 403 Pretreatment Federal Register, Vol. 70, No. 198, 10/14/05 at 60199 Summary: The Environmental Protection Agency has issued advance notice of proposed rulemaking regarding whether to amend the list of pollutants for which removal credits are available, and the “consistent removal” provision in the removal credits regulations of the General Pretreatment Regulations. 40 CFR Parts 51, 52 CAA Federal Register, Vol. 70, No. 202, 10/20/05 at 61081 Summary: The Environmental Protection Agency is proposing to revise the emission test for existing electric generating units that are subject to PSD regulations and nonattainment major NSR programs. Adopted Regulations 40 CFR Part 261 Wastewater Treatment Federal Register, Vol. 70, No. 191, 10/4/05 at 57769 Summary: The Environmental Protection Agency has added benzene and 2-ethoxyehtanol as well as the scrubber waters derived from the combustion of any exempted solvent to the list of solvents whose mixtures in wastewaters are exempted from the definition of hazardous waste under RCRA. Generators will also have an option to directly measure solvent chemical levels at the headworks of the wastewater treatment system to determine whether the wastewater mixture is exempt. The agency is also extending the eligibility for the de minimis exemption to other listed hazardous wastes and to non-manufacturing facilities. 40 CFR Parts 9, 63, 260, 264, 265, 266, 270, 271 NESHAP Federal Register, Vol. 70, No. 196, 10/12/05 at 59402 Summary: The Environmental Protection Agency has finalized national emission standards for hazardous air pollutants for hazardous waste combustors: hazardous waste burning incinerators, cement kilns, lightweight aggregate kilns, industrial/commercial/institutional boilers and process heaters, and hydrochloric acid production furnaces 40 CFR Part 51 Prevention of Significant Deterioration Federal Register, Vol. 70, No. 196, 10/12/0 at 59582 Summary: The Environmental Protection Agency has decided to retain the existing nitrogen dioxide increments as part of the Prevention of Significant Deterioration regulations in response to a 1990 court order directing the Agency to reevaluate the statutory criteria for establishing the increments. 40 CFR --Electronic Reporting Federal Register, Vol. 70, No. 197, 10/13/05 at 59848 Summary: The Environmental Protection Agency has established the framework for accepting reports required by document submission requirements from the regulated community in electronic format. 40 CFR Parts 9, 122, 403 Pretreatment Federal Register, Vol. 70, No. 198, 10/14/05 at 60134 Summary: The Environmental Protection Agency has revised provisions of the General Pretreatment Regulations addressing requirements for, and oversight of, Industrial Users who introduce pollutants into POTWs to be consistent with NPDES requirements for direct dischargers to surface waters. 40 CFR Part 710 TSCA Federal Register, Vol. 70, No. 199, 10/17/05 at 60217 Summary: The Environmental Protection Agency has taken direct final action and amended the TSCA section 8(a) Inventory Update Reporting regulations by adding 1,2,3-propanetriol to the list of chemical substances exempt from reporting. Notices CERCLA Federal Register, Vol. 70, No. 193, 10/6/05 at 58407 Summary: The Environmental Protection Agency is proposing to add 12 settling parties to the existing 31 settling parties of the administrative settlement for the Lower Passaic River Study Area Portion of the Diamond Alkali Superfund Site. NESHAP Federal Register, Vol. 70, No. 206, 10/26/05 at 61814 Summary: The Environmental Protection Agency announces a proposed settlement agreement of a petition for review that will amend the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing.