The EPA is proposing to amend the air emissions standards for new and modified grain elevators following an eight-year review required under the Clean Air Act (CAA). The CAA study is meant to ensure that grain elevators are achieving the “best system of emission reduction” and responds to industry petitions requesting EPA strike certain existing rules.
Following an eight-year review required by the Clean Air Act (CAA), EPA is updating decades old emissions standards for grain elevators. The current standards were issued in 1978 and were last revisited in 1984. The review analyzed the previous grain elevator air emission standards to ensure that the emission sources are achieving the “best system of emission reduction.”
The proposed amendments focus on loading trucks, railcars, and barges, unloading operations, and grain handling requirements. Affected facilities include each new, modified or reconstructed grain dryer, grain handling operation, and each truck, barge, ship, and railcar loading and unloading station.
In response to a recent court ruling, the updated rule removes a provision that insulates companies from civil lawsuits for violations occurring during equipment malfunction. The rule includes updated testing and reporting requirements and adds compliance obligations during periods of startup, shutdown, and malfunction.
EPA is accepting comments until October 7, 2014.
Benjamin Goad, EPA unveils new grain elevator standards, The Hill, July 8, 2014 (http://thehill.com/regulation/pending-regs/211547-new-regs-for-wednesday-epa-unveils-new-grain-elevator-standards)
Proposed Rule: Air Emission Performance Standards for Grain Elevators, Federal Register, July 9, 2014 (https://federalregister.gov/a/2014-15868)
40 CFR Part 60, Subpart A
40 CFR Part 60, Subpart DD (http://www.ecfr.gov/cgi-bin/text-idx?SID=02258b63732bb4ba2b76af946590fb00&node=40:184.108.40.206.1.48&rgn=div6)
Red-on-line EHS Legal Counsel