|
|
|
|
|
EPA INCLUDES GRAIN ELEVATOR AIR EMISSIONS STANDARDS IN REVIEW OF EXISTING REGULATIONS NGFA NEWSIn a positive development, the Environmental Protection Agency (EPA) on Aug. 22 announced it will include a review of the new source performance standards (NSPS) for grain elevators on the list of priority regulations warranting review in response to President Obama’s January executive order that requires federal agencies to identify and review significant regulations that may be outdated, ineffective, insufficient or excessively burdensome. The announcement was contained in an EPA-released 62-page document, “Improving Our Regulations: Final Plan for Periodic Reviews of Existing Regulations”. The agency listed the NSPS review as one of its 35 priority projects identified in response to Obama’s executive order. The EPA document indicates it identified the NSPS for grain elevators as a priority in response to comments received from a five-member coalition group in which the NGFA is playing a leadership role. EPA’s decision means that the agency will reopen the NSPS for grain elevators with proposed amendments for public comment. That, in turn, will provide an opportunity to resolve the current uncertainty over whether temporary storage structures should be considered “permanent” storage subject to permitting requirements under the Clean Air Act. That issue arose in November 2007, when EPA headquarters issued an opinion that the NSPS for grain elevators encompasses certain types of temporary storage facilities, as well as traditional grain elevator equipment. Such an interpretation would expand the reach of the NSPS greatly by potentially affecting structures that have a concrete/asphalt floor, aeration and a tarp cover, and also have a permanent aeration tower and a conveyer system to move the grain to the permanent storage system. EPA’s 2007 interpretation was based upon a dictionary definition of a key term, i.e. “bin.” EPA failed to examine the record of the NSPS rulemaking at the time, which makes no mention of temporary storage facilities. Under the NSPS [40 CFR 60 Subpart DD], any commercial grain elevator built after 1978 that has a permanent storage capacity exceeding 2.5 million bushels is required to comply with stricter air-permitting and emission standards. The requirement also applies to any facility that has been modified since 1978 to expand its permanent storage capacity to more than 2.5 million bushels. Also subject to the NSPS are grain storage elevators with a permanent storage capacity exceeding 1 million bushels that are located at wheat flour mills, wet or dry corn mills (manufacturing products for human consumption), rice mills or soybean oil extraction plants. Grain-handling facilities located at feed mills, pet food manufacturing plants, cereal manufacturers, breweries and livestock feedlots are not covered by the current NSPS. NGFA is continuing to work on the EPA temporary storage issue as co-chair of an industry coalition. The other co-chair is the National Oilseed Processors Association, while other members are the North American Millers Association, Corn Refiners Association, National Council of Farmer Cooperatives and the USA Rice Federation. The NGFA recently learned that the initial draft review and potential proposed changes to the NSPS grain elevator standard have been completed. The document reportedly is awaiting review by EPA’s general counsel’s office. It is hoped that rulemaking on the NSPS can be completed within the next year, now that the issue has been designated as a priority on EPA’s regulatory review list.
|
  calendar of events
contact us Nebraska Grain and Feed Association
|
|
|
|