Environmental Protection Agency 40 CFR Parts 9, 63, 260 Et Al

Total Page:16

File Type:pdf, Size:1020Kb

Environmental Protection Agency 40 CFR Parts 9, 63, 260 Et Al Wednesday, October 12, 2005 Part II Environmental Protection Agency 40 CFR Parts 9, 63, 260 et al. National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II); Final Rule VerDate Aug<31>2005 20:20 Oct 11, 2005 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12OCR2.SGM 12OCR2 59402 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations ENVIRONMENTAL PROTECTION chromium, dioxins and furans, DATES: The final rule is effective AGENCY hydrogen chloride and chlorine gas, December 12, 2005. The incorporation lead, manganese, and mercury. by reference of Method 0023A into 40 CFR Parts 9, 63, 260, 264, 265, 266, Exposure to these substances has been § 63.14 is approved by the Director of 270 and 271 demonstrated to cause adverse health the Federal Register as of December 12, [FRL–7971–8] effects such as irritation to the lung, 2005. skin, and mucus membranes, effects on ADDRESSES: The official public docket is RIN 2050–AE01 the central nervous system, kidney the collection of materials that is National Emission Standards for damage, and cancer. The adverse health available for public viewing at the Hazardous Air Pollutants: Final effects associated with exposure to these Office of Air and Radiation Docket and Standards for Hazardous Air Pollutants specific HAP are further described in Information Center (Air Docket) in the for Hazardous Waste Combustors the preamble. For many HAP, these EPA Docket Center, Room B–102, 1301 (Phase I Final Replacement Standards findings have only been shown with Constitution Ave., NW., Washington, and Phase II) concentrations higher than those DC. typically in the ambient air. FOR FURTHER INFORMATION CONTACT: For AGENCY: Environmental Protection This action also presents our decision Agency (EPA). more information concerning regarding the February 28, 2002 petition applicability and rule determinations, ACTION: Final rule. for rulemaking submitted by the Cement contact your State or local SUMMARY: This action finalizes national Kiln Recycling Coalition, relating to representative or appropriate EPA emission standards (NESHAP) for EPA’s implementation of the so-called Regional Office representative. For hazardous air pollutants for hazardous omnibus permitting authority under information concerning rule waste combustors (HWCs): hazardous section 3005(c) of the Resource development, contact Michael waste burning incinerators, cement Conservation and Recovery Act (RCRA). Galbraith, Waste Treatment Branch, kilns, lightweight aggregate kilns, That section requires that each permit Hazardous Waste Minimization and industrial/commercial/institutional issued under RCRA contain such terms Management Division, (5302W), U.S. boilers and process heaters, and and conditions as permit writers EPA, 1200 Pennsylvania Avenue, NW., hydrochloric acid production furnaces. determine to be necessary to protect Washington DC 20460, telephone EPA has identified HWCs as major human health and the environment. In number (703) 605–0567, fax number sources of hazardous air pollutant that petition, the Cement Kiln Recycling (703) 308–8433, electronic mail address (HAP) emissions. These standards Coalition requested that we repeal the [email protected]. implement section 112(d) of the Clean existing site-specific risk assessment SUPPLEMENTARY INFORMATION: Air Act (CAA) by requiring hazardous policy and technical guidance for Regulated Entities waste combustors to meet HAP emission hazardous waste combustors and that standards reflecting the performance of we promulgate the policy and guidance The promulgation of the final rule the maximum achievable control as rules in accordance with the would affect the following North technology (MACT). Administrative Procedure Act if we American Industrial Classification The HAP emitted by HWCs include continue to believe that site-specific risk System (NAICS) and Standard Industrial arsenic, beryllium, cadmium, assessments may be necessary. Classification (SIC) codes: SIC Category NAICS code code Examples of potentially regulated entities Any industry that combusts hazardous waste as defined in the final rule. 562211 4953 Incinerator, hazardous waste 327310 3241 Cement manufacturing, clinker production 327992 3295 Ground or treated mineral and earth manufac- turing 325 28 Chemical Manufacturers 324 29 Petroleum Refiners 331 33 Primary Aluminum 333 38 Photographic equipment and supplies 488, 561, 562 49 Sanitary Services, N.E.C. 421 50 Scrap and waste materials 422 51 Chemical and Allied Products, N.E.C 512, 541, 561, 812 73 Business Services, N.E.C. 512, 514, 541, 711 89 Services, N.E.C. 924 95 Air, Water and Solid Waste Management This table is not intended to be company, business, organization, etc., is Abbreviations and Acronyms Used in exhaustive, but rather provides a guide regulated by this action, you should This Document for readers regarding entities likely to be examine the applicability criteria in Part acfm actual cubic feet per minute regulated by this action. This table lists II of this preamble. If you have any Btu British thermal units examples of the types of entities EPA is questions regarding the applicability of CAA Clean Air Act now aware could potentially be this action to a particular entity, consult CFR Code of Federal Regulations regulated by this action. Other types of the person listed in the preceding FOR DRE destruction and removal efficiency entities not listed could also be affected. FURTHER INFORMATION CONTACT section. dscf dry standard cubic foot To determine whether your facility, dscm dry standard cubic meter VerDate Aug<31>2005 21:46 Oct 11, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12OCR2.SGM 12OCR2 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 59403 EPA Environmental Protection Agency F. Testing Requirements IV. Use of Surrogates FR Federal Register G. Monitoring Requirements A. Particulate Matter as Surrogate for Metal gr/dscf grains per dry standard cubic foot H. Relationship Among Emission Rates, HAP HAP hazardous air pollutant(s) Emission Rate Limits, and Feedrate B. Carbon Monoxide/Hydrocarbons and ICR Information Collection Request Limits DRE as Surrogates for Dioxin/Furan kg/hr kilograms per hour I. Changes C. Use of Carbon Monoxide and Total kW-hour kilo Watt hour X. Overview on Floor Methodologies Hydrocarbons as Surrogate for Non- MACT Maximum Achievable Control Part Three: What Are the Major Changes Dioxin Organic HAP Technology Since Proposal? V. Additional Issues Relating to Variability mg/dscm milligrams per dry standard cubic I. Database and Statistics meter A. Hazardous Burning Incinerators A. Data Sets Containing Nondetects MMBtu million British thermal unit B. Hazardous Waste Cement Kilns B. Using Statistical Imputation to Address ng/dscm nanograms per dry standard cubic C. Hazardous Waste Lightweight Aggregate Variability of Nondetect Values meter Kilns C. Analysis of Variance Procedures to NESHAP national emission standards for D. Liquid Fuel Boilers Assess Subcategorization HAP E. HCl Production Furnaces VI. Emission Standards ng nanograms F. Total Chlorine Emissions Data Below 20 A. Incinerators POHC principal organic hazardous ppmv B. Cement Kilns constituent II. Emission Limits C. Lightweight Aggregate Kilns ppmv parts per million by volume A. Incinerators D. Liquid Fuel Boilers ppmw parts per million by weight B. Hazardous Waste Burning Cement Kilns E. General Pub. L. Public Law C. Hazardous Waste Burning Lightweight VII. Health-Based Compliance Alternative for RCRA Resource Conservation and Recovery Aggregate Kilns Total Chlorine Act D. Solid Fuel Boilers A. Authority for Health-Based Compliance SRE system removal efficiency E. Liquid Fuel Boilers Alternatives TEQ toxicity equivalence F. Hydrochloric Acid Production Furnaces B. Implementation of the Health-Based µg/dscm micrograms per dry standard cubic G. Dioxin/Furan Testing for Sources Not Standards meter Subject to a Numerical Standard C. National Health-Based Standards for U.S.C. United States Code III. Statistics and Variability Cement Kilns. A. Using Statistical Imputation to Address VIII. Implementation and Compliance Table of Contents Variability of Nondetect Values A. Compliance Assurance Issues for both Part One: Background and Summary B. Degrees of Freedom when Imputing a Fabric Filters and Electrostatic I. What Is the Statutory Authority for this Standard Deviation Using the Universal Precipitators (and Ionizing Wet Standard? Variability Factor for Particulate Matter Scrubbers) II. What Is the Regulatory Development Controlled by a Fabric Filter B. Compliance Assurance Issues for Fabric Background of the Source Categories in IV. Compliance Assurance for Fabric Filters, Filters the Final Rule? Electrostatic Precipitators, and Ionizing C. Compliance Issues for Electrostatic A. Phase I Source Categories Wet Scrubbers Precipitators and Ionizing Wet Scrubbers B. Phase II Source Categories V. Health-Based Compliance Alternative for D. Fugitive Emissions III. How Was the Final Rule Developed? Total Chlorine E. Notification of Intent to Comply and IV. What Is the Relationship Between the Part Four: What Are the Responses to Major Compliance Progress Report Final Rule and Other MACT Combustion Comments? F. Startup, Shutdown, and Malfunction Rules? I. Database Plan V. What Are the Health Effects Associated A. Revisions to the EPA’s
Recommended publications
  • Exhibit 6 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711
    Exhibit 6 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711 AUG 102001 OFFICE OF AIR QUALITY PLANNING AND STANDARDS MEMORANDUM SUBJECT: Emissions from Large and Small MWC Units at MACT Compliance FROM: Walt Stevenson c4f OAQPS/SPPD/ESG (D243-01) TO: Large MWC Docket (EPA-HQ-OAR-2005-0117) This memorandum presents information on the overall emissions reductions achieved by large and small municipal waste combustion (MWC) units following retrofit of Maximum Achievable Control Technology (MACT). This memorandum is a companion to the memorandum titled "Emissions from Large MWC Units at MACT Compliance (note a). Consistent with Clean Air Act (CAA) section 129, large and small MWC units completed MACT retrofits by December 2000 and December 2005, respectively. The performance of the MACT retrofits has been outstanding. Emission reductions achieved for all CAA section 129 pollutants are shown below. Of particular interest are dioxinlfuran and mercury emissions. Since 1990 (pre-MACT conditions), dioxinlfuran emissions from large and small MWCs have been reduced by more than 99 percent, and mercury emissions have been reduced by more than 96 percent. Dioxinlfuran emissions have been reduced to 15 grams per year* and mercury emissions reduced to 2.3 tons/year. Emissions From Large and Small MWC Units Pollutant 1990 Emissions (!PY) 20Q5 E,:!1issions (tpy) Percent Reduction ----------_. ----_. .._-------- ._---- ... CDD/CDF, TEQ basis* 4400 15 99+% --f--- -- Mercury 57 2.3 96% Cadmium 9.6 0.4 96% Lead 170 5.5 97% Particulate Matter 18,600 780 96% HC] 57,400 3,200 94% SO} 38,300 4,600 88 % f-- NO, 64,900 49,500 24% (*) dioxinlfuran emissions are in units of grams per year toxic equivalent quantity (TEQ), using 1989 NATO toxicity factors; all other pollutant emissions are in units of tons per year.
    [Show full text]
  • CONGRESSIONAL RECORD—SENATE September 4, 2001
    September 4, 2001 CONGRESSIONAL RECORD—SENATE 16335 ORDERS FOR WEDNESDAY, DEPARTMENT OF DEFENSE IN THE MEDICAL CORPS (MC) UNDER TITLE 10, U.S.C., SECTION 624: SEPTEMBER 5, 2001 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND To be major Mr. REID. Madam President, I ask APPOINTMENT TO THE GRADE INDICATED WHILE AS- JEFFREY S. CAIN, 0000 MC unanimous consent that when the Sen- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- RYUNG SUH, 0000 MC BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 152: ate completes its business today, it ad- IN THE MARINE CORPS To be general journ until the hour of 10 a.m. tomor- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT row, Wednesday, September 5. I further GEN. RICHARD B. MYERS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ask unanimous consent that on AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF To be colonel Wednesday, immediately following the AND APPOINTMENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- RICHARD W. BRITTON, 0000 prayer and the pledge, the Journal of SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 152: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT proceedings be approved to date, the To be general TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: morning hour be deemed expired, the GEN.
    [Show full text]
  • Summary of the April 2004 NEJAC Meeting in New Orleans, LA
    NATIO NAL ENVIRONM ENTAL JUS TICE ADVISO RY C OUN CIL New Orleans, Louisiana April 13 through 16, 2004 EXECUTIVE SUMMARY This summary presents highlights of the 20th meeting of the National Environm ental Justice Advisory Council (NEJAC), held April 13 through 16, 2004 in New Orleans, Louisiana at the Sheraton New Orleans Hotel. On April 13 and 14, 2004, the NEJAC hosted public comment periods during which representatives of community organizations presented their concerns about pollution, health risks, unaddressed issues involving pollution from Federal facilities, and other issues of environmental justice. Six of the seven subcommittees of the NEJAC met for a full day on April 15, 2004. Approximately 263 persons attended the meetings and the public comment period. The N EJAC is a Federal advisory committee that was established by charter on September 30, 1993 to provide independent advice, consultation, and recommendations to the Administrator of the U.S. Environm ental Prote ction Agency (E PA) on m atters related to environm ental justice. Ms . Vero nica Eady, Tufts U niversity, serve s as the chair of the Execu tive Council of the NE JAC. M r. Charles Lee, Associate Director, EPA Office of Environmental Justice (OEJ), serves as the Designated Federal Officer (DFO) for the Executive C ouncil. OEJ maintains transcripts and summary reports of the proceedings of the meetings of the NEJAC. Those documents are available to the public upon request. The public also has access to the executive summaries of reports of previous meetings, as well as other publications of the NEJAC, through the Internet at http://www.epa.gov/oeca/main/ej/nejac/index.html (click on the publications icon).
    [Show full text]
  • Disinfection and Disposal WHO 2015.Docx.Docx
    Disinfection and Disposal fact sheet Pre-cleaning equipment Disinfectants will not work effectively if equipment has organic materials stuck to it (e.g. mud, fecal material, dried blood, feathers, hair). Therefore, it is important to pre-clean all equipment to remove organic materials. This can be done with a stiff brush and liquid detergent or (because some disinfectants are inactivated by detergents), pre-cleaning may be done with the same agent that will be used in the disinfection step. Check the label of the disinfectant you plan to use for guidance on pre-cleaning. Disinfecting equipment The appropriate disinfectant to use when cleaning equipment is determined by the biological agent potentially involved. Below are a few examples: 1. Influenza A viruses (e.g. Highly pathogenic avian influenza – HPAI) a. Liquid detergent, 10% bleach solution, Virkon®, Roccal D Plus® b. http://www.epa.gov/pesticides/factsheets/avian_flu_products.htm c. http://www.aphis.usda.gov/animal_health/emergency_management/downloads/fad_epa_disinfectants.pdf 2. Prion diseases (e.g. Chronic wasting disease – CWD) a. Few effective decontamination techniques have been published, and no disinfectants or sterilants are registered by EPA for reducing the infectivity of prions. However, EPA has issued quarantine exemptions to several states for use of Environ™ LpH™ (a mixture of three phenolic active ingredients) for treatment of surfaces in commercial, government, and veterinary laboratories to reduce the infectivity of prions. Surfaces should be treated for more than 1 hour at 20°C (68°F). Overnight disinfection is recommended for equipment. http://www.cfsph.iastate.edu/pdf/fad-prep-nahems-guidelines-cleaning-and-disinfection see page 31.
    [Show full text]
  • I8-M15 Medical Incinerator the I8-M15 Is Our Smallest , Plug and Play Medical Incinerator
    i8-M15 Medical Incinerator The i8-M15 is our smallest , plug and play medical incinerator. Developed for use in smaller health clinics, laboratories and regional hospitals. It is well suited for use as a mobile incinerator due to its small footprint and simple setup. 3mm 850°C EASY SETUP CORETEX TEMP PLUG ‘N’ PLAY IN 5 SMIN INSULATION GAUGESTEEL AS STANDARD 2 SECOND RETENTION Plug ’n’ Play Setup & Operation Industry Leading Insulation Long Lasting Construction Designed to excel This model boasts the quickest Coretex© insulation is a specially The i8-M15 internal frame is Each of our incinerators has been setup time of any of our models. formulated substrate containing constructed from British made tested to exacting standards Simply remove from packaging, various levels of material that high quality 3mm mild steel ensuring they meet our strict connect electricity and add some ensure almost all of the heat plate. They are fully welded for guidelines. fuel to the tank - Making this generated within our incinerators maximum strength by our time- an ideal model to have trailer stays inside them - increasing served coded welders and now This machine can reach in mounted so you can relocate your performance and efficiency to fully clad in steel. Meaning you get excess of 850°C in the secondary incinerator to where it is needed another level. years of trouble-free operation. chamber and also retains the most week by week. gases for the 2 seconds required. Designed to burn Type I - IV pathological waste and infectious and contaminated “red bag,” surgical dressings, plastic test devices and other wastes.
    [Show full text]
  • Paybacks Policy, Patrons, and Personnel
    PAYBACKS POLICY, PATRONS, AND PERSONNEL Maria Weidner, Earthjustice Nancy Watzman, Public Campaign How the Bush Administration is Giving Away Our Environment to Corporate Contributors ABOUT US Earthjustice is a nonprofit public interest law firm dedicated to protecting magnificent places, natural resources, and wildlife. Earthjustice defends the right of all people to a healthy environment and brings about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations and communities. White House Watch is a project of Earthjustice that monitors administrative actions – including nominations and appointments, regu- latory developments, and shifts in federal policy – and uncovers attempts to weaken the nation’s existing environmental and public health safeguards. Note: While Earthjustice recognizes the influence that campaign contributions have on envi- ronmental policy, the organization has not taken a position on campaign finance reform legislation. Public Campaign is a non-profit, non-partisan organization dedicated to sweeping reform that aims to dramatically reduce the role of special interest money in America’s elections and the influence of big contributors in American politics. Public Campaign is laying the foundation for reform by working with various organizations, particularly citizen groups around the country that are fighting for change in their states. Together we are building a network of state-based efforts and create a powerful national force for federal reform. Note: Public
    [Show full text]
  • Code of Practice for Small Incinerators
    Code of Practice for Small Incinerators September 2005 made under the Environmental Protection and Enhancement Act © Published by Alberta Queen’s Printer Queen’s Printer Bookstore 5th Floor, Park Plaza 10611-98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Email: [email protected] Shop on-line at www.qp.alberta.ca 1 ALBERTA ENVIRONMENT CODE OF PRACTICE FOR SMALL INCINERATORS (made under the Environmental Protection and Enhancement Act, RSA 2000, c.E-12, as amended and Waste Control Regulation (AR 192/96), as amended) Table of Contents 1. Definitions 2. General Requirements 3. Analytical Requirements 4. Registration Application/Administration Requirements 5. Design Requirements 6. Operational and Emission Requirements 7. Monitoring Requirements 8. Closure Requirements 9. Reporting Requirements 10. Record Keeping Requirements 11. Code of Practice Administration Schedule 1 Registration Information for Small Incinerators 2 Section 1: Definitions 1.1 All definitions in the Act and the regulations under the Act apply except where expressly defined in this Code of Practice. 1.2 In this Code of Practice: (a) “Act” means the Environmental Protection and Enhancement Act, RSA 2000, c.E-12, as amended; (b) “auxiliary burner” means a burner that fires auxiliary fuel in a small incinerator for the purpose of: (i) preheating, (ii) drying and igniting solid waste, or (iii) maintaining adequate operating temperatures; (c) “ISO 17025” means the international standard, developed and published by International Organization for Standardization
    [Show full text]
  • NOMINATIONS of the 107Th CONGRESS, FIRST SESSION
    S. HRG. 107–324 NOMINATIONS OF THE 107th CONGRESS, FIRST SESSION HEARINGS BEFORE THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS FIRST SESSION ON MAY 17, 2001: LINDA FISHER, TO BE DEPUTY ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY; JEFFREY HOLMSTEAD, TO BE ASSISTANT ADMINIS- TRATOR FOR AIR AND RADIATION, ENVIRONMENTAL PROTECTION AGENCY; STE- PHEN JOHNSON, TO BE ASSISTANT ADMINISTRATOR FOR TOXIC SUBSTANCES, EN- VIRONMENTAL PROTECTION AGENCY; AND JAMES CONNAUGHTON, TO THE COUNCIL ON ENVIRONMENTAL QUALITY JULY 25, 2001: DAVID A. SAMPSON, TO BE ASSISTANT SECRETARY FOR ECO- NOMIC DEVELOPMENT, DEPARTMENT OF COMMERCE; ROBERT FABRICANT, TO BE GENERAL COUNSEL, ENVIRONMENTAL PROTECTION AGENCY; GEORGE TRACY MEHAN III, TO BE ASSISTANT ADMINISTRATOR FOR WATER, ENVIRONMENTAL PRO- TECTION AGENCY; JUDITH ELIZABETH AYRES, TO BE ASSISTANT ADMINIS- TRATOR FOR INTERNATIONAL ACTIVITIES, ENVIRONMENTAL PROTECTION AGENCY; DONALD R. SCHREGARDUS, TO BE ASSISTANT ADMINISTRATOR FOR ENFORCE- MENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTION AGENCY SEPTEMBER 21, 2001: BRIG. GEN. EDWIN J. ARNOLD, TO THE MISSISSIPPI RIVER COMMISSION; BRIG. GEN. CARL A. STROCK, TO THE MISSISSIPPI RIVER COMMISSION; NILS J. DIAZ, TO BE COMMISSIONER, NUCLEAR REGULATORY COM- MISSION; PATRICK HAYES JOHNSON, TO BE FEDERAL COCHAIRPERSON, DELTA REGIONAL AUTHORITY; HAROLD CRAIG MANSON, TO BE ASSISTANT SECRETARY FOR FISH, WILDLIFE, AND PARKS, DEPARTMENT OF THE INTERIOR; MARIANNE LAMONT HORINKO, TO BE ASSISTANT ADMINISTRATOR FOR SOLID WASTE AND EMERGENCY RESPONSE, ENVIRONMENTAL PROTECTION AGENCY; PAUL MICHAEL PARKER, TO BE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS; AND MARY E. PETERS, TO BE ADMINISTRATOR, FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION OCTOBER 17, 2001: WILLIAM W. BAXTER, TO THE TENNESSEE VALLEY AU- THORITY; KIMBERLY TERESE NELSON, TO BE ASSISTANT ADMINISTRATOR FOR ENVIRONMENTAL INFORMATION, ENVIRONMENTAL PROTECTION AGENCY; AND STE- VEN A.
    [Show full text]
  • U.S. Amended Statement of Defense
    IN THE ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE UNCITRAL ARBITRATION RULES BETWEEN METHANEX CORPORATION, Claimant/Investor, -and- UNITED STATES OF AMERICA, Respondent/Party. AMENDED STATEMENT OF DEFENSE OF RESPONDENT UNITED STATES OF AMERICA Mark A. Clodfelter Assistant Legal Adviser for International Claims and Investment Disputes Barton Legum Chief, NAFTA Arbitration Division, Office of International Claims and Investment Disputes Andrea J. Menaker David A. Pawlak Jennifer I. Toole CarrieLyn D. Guymon Mark S. McNeill Attorney-Advisers, Office of International Claims and Investment Disputes UNITED STATES DEPARTMENT OF STATE Washington, D.C. 20520 December 5, 2003 CONTENTS PRELIMINARY STATEMENT ...................................................................................... 1 FACTS ........................................................................................................................ 7 MTBE.......................................................................................................................................7 The California Market For MTBE .........................................................................................10 MTBE’s Effects On Public Health And The Environment....................................................12 California’s Actions Regarding MTBE .................................................................................18 Senate Bill 521...................................................................................................................18
    [Show full text]
  • Ocean Incineration: Its Role in Managing Hazardous Waste (Part 9
    Chapter 7 Comparison of Land-Based and Ocean Incineration Technologies Contents Page Composition of Incineration Products . .. ....119 Plume Gases . ...119 Residual Parent Compounds and Products of Incomplete Combustion (PICs) . ........119 Metals and Particulate. .1’20 Solid Residues . ............121 Comparison of ’Technical and Regulatory Requirements. ........122 Waste Analysis and Waste Limitations. ..122 Performance Standards . , . .......123 Operating Conditions . , . 125 Air Pollution Control Technology . ..............127 Sampling and Monitoring Requirements and Procedures . .. ...128 .Additional Provisions Not Required of Land-Based Incineration . ..129 Chapter 7 References . ..129 Table Table No. Page 12. Performance Standards Applicable to Land-Based and Ocean Incineration. .124 Chapter 7 Comparison of Land-Based and Ocean Incineration Technologies Although liquid organic wastes are currently This chapter describes the nature of the combus- managed in various ways, ocean incineration’s pri- tion products arising from both land-based and mary competition and closest analog is land-based ocean incineration and compares and contrasts their incineration. Therefore, it is important to compare respective technical and regulatory requirements. and contrast their technical features, the nature and extent of their regulation, and their relative risks of environmental release and adverse impacts. COMPOSITION OF INCINERATION PRODUCTS The products resulting from incineration of haz- waste incineration may contribute significantly to ardous waste, whether on land or at sea, can re- the risks posed by hazardous air pollutants. sult from complete or partial thermal oxidation of waste components. The products can be grouped Residual Parent Compounds and Products as follows: plume gases, residual parent com- pounds, products of incomplete combustion (PICs), of Incomplete Combustion (PICs) metals and particulate, and solid residues.
    [Show full text]
  • Disposal of Bulk Quantities of Obsolete Pesticides in Developing Countries 1
    The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechani- cal, photocopying or otherwise, without the prior permission of the copyright owner. Applications for such permission, with a statement of the purpose and extent of the reproduction, should be addressed to the Director, Publications Division, Food and Agriculture Organization of the United Nations, Viale delle Terme di Caracalla, 00100 Rome, Italy. © FAO 1996 iii Foreword These guidelines have been prepared jointly by the Food and Agriculture Organiza- tion of the United Nations (FAO), the United Nations Environment Programme (UNEP) and the World Health Organization (WHO). The technical information and recommendations presented in these guidelines have been approved by a panel of experts nominated by the three organizations. The guidelines are published by FAO under project GCP/INT/572/NET: “Prevention and Disposal of Unwanted Pesticide Stocks in Africa and the Near East”, funded by the government of the Netherlands. The guidelines are considered generally applicable and of interest to many countries, aid agencies and the pesticide industry. New disposal methods are continually being developed. The intention is to revise these guidelines or to issue addenda when important new disposal methods become available that can be used safely in developing countries and are cost-effective.
    [Show full text]
  • 25 Years of RCRA: Building on Our Past to Protect Our Future
    25 Years of RCRA: Building on Our Past To Protect Our Future The artwork displayed on the cover was submitted to the Earth Day 2000 Contest sponsored by EPA’s Office of Solid Waste. More than 10,000 entries were received from students in the United States and its territories. 25 Years of RCRA: Building on Our Past to Protect Our Future he year 2001 was an important milestone in environmental protection: the T25th anniversary of the Resource Conservation and Recovery Act (RCRA). The RCRA statute, regulations, and programs were created at a time when we did not know how much waste was produced or what happened to it. What we knew for certain was that waste needed to be safely managed. Since that time, we have witnessed a sea of change in pollution prevention, waste minimization, and cleanup. As a society, we have changed over time, and so have the types of wastes we produce and how we manage them. Businesses, individuals, and organizations have made a conscious effort to prevent or reduce the amount of waste they generate. As technology has advanced, we have also updated and improved our methods of safe waste management and cleanup. These sound waste practices and controls allow us to continue to protect human health and the environment from the risks of waste well into the future. From the beginning, many dedicated people made–and continue to make– invaluable contributions to the RCRA program. Many have spent their lives working to safeguard our natural environment from waste pollution. I tip my hat to each and every one of these individuals for jobs well done.
    [Show full text]