Volume 27• December 2006

REGULATORY UPDATE

U.S. EPA Promulgates Changes to TSCA Rules

On November 14, 2006, the U.S. EPA promulgated amendments to the Toxic Substances Control Act (TSCA) export notification regulations.  The amendments change the current annual notification requirement for exporters of chemicals for which certain actions have been taken under TSCA to a one-time notification requirement.  The amendments also establish a de minimis level for non-carcinogenic substances.  Export notification will not be required for material mixtures where the TSCA reportable chemical is present at a concentration of less than 1% by weight or volume.  Other minor updates are also made in the amendments.  The rule becomes effective January 16, 2007.  For further information, refer to the Federal Register notice or contact Sheri Bussard at (800) 229-7495

Ohio EPA Proposes NOx Rules for the Cleveland/Akron Area

On July 24, 2006, the Ohio EPA proposed rules for the control of NOx for eight "moderate" non-attainment counties in the Cleveland/Akron metropolitan area.  The purpose of these rules is to aid in the reduction of NOx emissions from stationary sources so that the measured ozone levels in the Cleveland/Akron area will be able to achieve the applicable 8-hour ground level ozone standard of 0.08 part per million (ppm) as established by the U.S. EPA.  The new rules will have specific NOx emission limitations for boilers, combustion turbines, and stationary internal combustion engines.  In addition, the owners and operators of significant sources that are not included in one of the aforementioned categories will be required to submit a Reasonably Available Control Technology (RACT) study for these sources and, upon approval by the Director, expeditiously implement the approved RACT definition.  Emission sources other than asphalt plants, boilers, gas turbines or internal combustion engines that have the potential to emit less than 25 tons per of NOx are exempt from the NOx RACT study requirements.  For more information, contact Steve Felton at (800) 229-5299.

ENVIRONMENTAL NEWS

Increasing Attention to Greenhouse Gas Emissions

According to a recent study by the Pew Center on Global Climate Change, most major multinational corporations believe that federal limitations on greenhouse gas emissions are coming in the next 10 years.  Many of these companies have already developed programs to voluntarily reduce greenhouse gas emissions.  Companies cut emissions either by reducing emissions from their own manufacturing processes, power support facilities, and transportation fleets, or by creating more energy-efficient products to reduce consumer power demands.  Energy efficiency is promoted by the Energy Star labeling program, the joint U.S. EPA-Department of Energy program designed to identify energy efficient products which help reduce greenhouse gas emissions.  According to the U.S. EPA, greenhouse gas emissions were reduced by 63 million metric tons in 2005, 34.2 million metric tons of which can be attributed to the Energy Star labeling program.  The remaining 28.8 million metric tons of emission reductions were attributed to clean energy supply programs and other programs. 

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