Attention Feed Industry Members: Clean Air Act Compliance Status Date Approaching

Notification of Compliance Status Due by May 4, 2012

The deadline to submit a notification of compliance status to the Environmental Protection Agency (EPA) is fast-approaching.

On Jan. 5, 2010, the EPA issued final regulations under the Clean Air Act (40 CFR Part 63 Subpart DDDDDDD) pertaining to potential emissions of chromium and manganese compounds from feed and feed ingredient manufacturers (excluding pet food manufacturers and facilities manufacturing feed on-farm or at feedlots). The regulations apply to facilities classified with a North American Industry Classification System (NAICS) code of 311119 (facilities “primarily engaged in manufacturing animal feed”), provided that: 1) such facilities use a material containing 0.1 percent or more of chromium or 1 percent or more of manganese by weight; and 2) production of animal feed represents more than 50 percent of total annual production at the facility.

EPA’s final regulations require that covered facilities comply with specified standards, monitoring, inspection and recordkeeping requirements to minimize the potential for chromium and manganese emissions. The final rule also contains the following notification and compliance dates:

• May 5, 2010: Facilities were required to provide initial notification to EPA or their delegated state air-permitting authority that they use materials containing chromium and/or manganese at levels equal to or exceeding the threshold level, and hence are subject to the regulations.
• January 5, 2012: Existing facilities (constructed or reconstructed on or before July 27, 2009) covered by the rule were to be in compliance with all applicable regulations by Jan. 5, 2012. New facilities (constructed or reconstructed after July 27, 2009) were to be in compliance on Jan. 5, 2010, or upon initial startup, whichever is later.
• May 4, 2012: Existing facilities are required to submit a Notification of Compliance Status to EPA or their delegated state air-permitting authority on or before May 4, 2012. New facilities subject to the regulations are to submit such notification by Oct. 18, 2010, or within 120 days of initial startup, whichever is later.
• Annual Compliance Certification: After providing the Notification of Compliance Status, every March 1 thereafter, covered facilities are required to complete annual compliance certification reports for the previous calendar year. If there were instances during the previous year when the facility was not in compliance with relevant requirements, the facility is to submit the annual certification report to EPA or its delegated state air-permitting authority by March 15.

Facilities that are required to submit to EPA or their delegated state air-permitting authority a Notification of Compliance Status by May 4, 2012 may wish to consider using the National Grain and Feed Association (NGFA) sample form. The sample form is based upon an example notification form previously made available by EPA in June 2010 that has been updated to reflect amendments to the rule that went into effect on Feb. 21, 2012.

Please note that covered facilities may submit the Notice of Compliance Status information in a different form or format of their choice, so long as the required information is included. Such required information includes:

• The facility’s name and address;
• A statement by a responsible official with that official’s name, title, phone number, email address and signature, certifying the truth, accuracy and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of the rule;
• If the facility is a new affected source required to install and operate a cyclone to control emissions from pelleting operations, the inlet flow rate, inlet velocity, pressure drop, or fan amperage range that constitutes proper operation of the cyclone determined in accordance with the rule’s requirements;
• If the facility is an existing affected source required to install and operate a cyclone to control emissions from pelleting operations, documentation of what constitutes proper operation of the cyclone determined in accordance with the rule’s requirements;
• If the facility is an affected source that is not subject to the requirement to install and operate a cyclone to control emissions from pelleting operations because its initial average daily feed production level was 50 tons per day or less, documentation of the facility’s initial daily pelleting production level determination.

Finally, EPA’s regulations require that a “responsible official” complete the Notification of Compliance Status. EPA defines a responsible official to mean one of the following:

• For a corporation: A president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production or operating facilities and the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million.
• For a partnership or sole proprietorship: a general partner or the proprietor, respectively.