U.S. EPA published a final rule on August 3, 2005 that revoked all nonattainment designations under the former 1-hour ozone National Ambient Air Quality Standard (NAAQS) for those areas with approved designations under the newer 8-hour ozone standard. The major effect of this action is that States may now drop major nonattainment new source review (NSR) requirements that were in place under the 1-hour ozone standard in those areas now designated as attainment under the 8-hour ozone standard. Another positive effect for industry relates to the very common situation where an area's 8-hour nonattainment designation is lower (closer to attainment) than its previous 1-hour nonattainment designation. For such areas, State nonattainment NSR rules allow for a larger major source threshold and for reduced emission offset requirements. As noted in last month's newsletter, this action has caused several environmental groups to file suit claiming U.S. EPA is "backsliding" in its ozone control, so the battle is not over. For additional information on these developments, refer to the August 3rd Federal Register (70 FR 44470) or contact Kent Berry at 800-229-5299 or Jeff Slayback at 800-229-7495.
On July 21, 2005, U.S. EPA released a proposed rule (Docket ID No. OAR-2002-0076) outlining an emissions trading program that states could use to reduce emissions of pollutants causing visibility problems in many national parks and wilderness areas. The rule would allow states to use a trading program for haze-forming emissions of SO2 and NOx rather than imposing individual emission limitations on specific sources of emissions. This rule would supplement U.S. EPA's June 15th rule that laid out guidelines for states to use to determine Best Available Retrofit Technology (BART) for reducing haze-forming emissions. U.S EPA expects to issue a final rule by November 8, 2005. For additional information, contact Kent Berry at 800-229-5299.
As floodwaters from Hurricane Katrina slowly begin to recede, EQ became intricately involved in the rescue and cleanup efforts. As part of EQ's U.S. EPA Region 6 Emergency and Rapid Response Services (ERRS), we were tasked by FEMA, through the EPA, to participate in the initial search and rescue mission as well as to assist with the ongoing cleanup of hazardous wastes. Under EQ's ERRS contract we respond to air, land, and water disasters and hazardous and toxic waste projects throughout the United States. EQ currently has approximately 150 people in the New Orleans area where crews in 60 boats have been searching for survivors since September 6th. EQ employees and subcontractors are living in a tent city and working 12 to 15 hour days. The group describes conditions as difficult to deplorable; however, they are heartened by the ability to be part of the solution in difficult circumstances. EQ's current role is now more focused on the hazardous waste cleanup operations.
Methyl tertiary butyl ether (MTBE) is a low-cost fuel additive used to raise oxygen concentration in gasoline, thus enhancing combustion and creating less air pollution. MTBE is alleged to have contaminated municipal water supplies nationwide via leaking underground and aboveground storage tanks. Pending legislation could phase out the use of MTBE over the next several years and replace it with ethanol. However, this legislation has stalled due to disagreements regarding a liability waiver providing MTBE manufacturers with legal immunity from MTBE-related lawsuits. The House energy bill included the waiver, while the version the Senate passed does not. A possible compromise is an industry-funded trust fund to be used to clean up known MTBE contamination in municipal water supplies. It is hoped that the trust fund will help gain Senate support of the final bill.
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