Stephanie Salmon, Artemis Strategies; Jeff Hannapel & Christian Richter, The Policy Group, Washington, D.C. WASHINGTON ALERT
Enforcement Alert: EPA Region V for Air Regulations Aimed at Metalcasters
THE AGENCY HAS CITED SEVERAL FACILITIES. T
he Environmental Protection Agency (EPA) Region V, which includes Illinois, In-
diana, Michigan, Minnesota, Ohio and Wisconsin, has undertaken an enforcement initiative that is focused on air compliance in metal- casting facilities. As part of this effort, EPA has cited several facili- ties for violations of New Source Performance Standards (NSPS), Subpart UUU (40 CFR Part 60). In addition, EPA has reportedly informed the states they should be enforcing Subpart UUU require- ments for units at metalcasting facilities, including requirements in air permits for production equip- ment that process sand and meet the regulatory definition of a dryer or calciner. The applicability of NSPS Sub-
part UUU requirements to met- alcasting equipment has been the subject of discussion between EPA
ON THE HILL
Combustible Dust Legislation Reintroduced in House
In February, a bill that would force OSHA to issue interim rules addressing combustible dust haz- ards was reintroduced in the U.S. House of Representatives by Rep. George Miller (D-Calif.), ranking Democrat on the House Committee on Education and the Workforce. According to the U.S. Chemi- cal Safety Board, there have been 50 combustible dust explosions or fires resulting in 15 deaths and 127 injuries, since 2007. The Occupa- tional Safety and Health Adminis- tration (OSHA) is in the process of developing a combustible dust rule,
but is several years away from final- izing a comprehensive standard. The agency’s regulatory agenda states that a small business panel would be established in October 2013. The measure, Worker Protection Against Combustible Dust Explosions and Fires Act (H.R. 691), would require OSHA to issue an interim standard within a year and a proposed rule within an additional 18 months. The agency would then have to finalize the rule in the next three years. It also would require OSHA to include relevant parts of National Fire Protection Association (NFPA) stan- dards in both the interim and final dust standard. In addition to items required in the interim standard, the final standard
would include requirements for hazard assessment, building design and explosion protection.
Bill Overhauling OSHA to Be Reintroduced in Congress
A measure amending the Oc- cupational Safety and Health (OSH) Act by expanding its coverage, increasing whistleblower protec- tions, and significantly enhancing employer civil and criminal penal- ties for violations is expected to be reintroduced in the U.S. Con- gress shortly.
For additional information, contact Stephanie Salmon, AFS Washington Office, 202/842-4864,
ssalmon@afsinc.org.
and AFS for the last 10 years. AFS contends Subpart UUU was never intended to apply to metalcasting facilities. EPA proposed regula- tory language to exempt them from Subpart UUU but never finalized the regulations. At that time, EPA agreed it would not issue citations to casting facilities for Subpart UUU violations, but would address the requirements only when facility air permits were up for renewal. Region V now has taken the
position that Subpart UUU ap- plies specifically to thermal sand reclamation units used in metalcast- ing facilities and possibly to other equipment used to process sand. In addition, Region V is asserting that these units must comply with the applicable opacity monitoring requirements, which includes the installation of continuous opacity monitoring systems. Facilities would have the opportunity to apply to
EPA on a case-by-case basis to de- termine an alternative monitoring method approved for these units. Tus far, the enforcement actions
including Subpart UUU violations for metalcasting facilities have been limited to thermal sand reclamation units, and Region V has not assessed any penalties in these cases. Given the broad definition of dryers and calciners, the regulation could be applied more extensively to units that process sand beyond thermal sand reclamation. AFS is working with officials to
clarify the applicability of Subpart UUU requirements at facilities. In addition, metalcasting associations will feature a more detailed presenta- tion on the NSPS, Subpart UUU issue on April 7 at the 117th Metal- casting Congress at CastExpo’13 in St. Louis. For additional information on this topic, contact Jeff Hannapel at
jhannapel@thepolicygroup.com.
March 2013 MODERN CASTING | 21
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