On May 1, 2008, the U.S. EPA announced a proposal to substantially tighten its airborne lead standards for the first time in 30 years, and plans to have its new primary standard in place by September 15, 2008. The agency is considering a revised standard of 0.10 to 0.30 micrograms of lead per cubic meter of air, maximum quarterly average, and is seeking comment on this and alternative levels within a range of less than 0.10, and up to 0.50 µg per cubic meter of air. Even the high-end figures would be a significant decrease from the existing standard of 1.5 µg per cubic meter of air. The government also is proposing increased monitoring near major sources, and near population centers of one million residents or more.
The comment period for the proposed rule ends 60 days from publication of the proposal in the Federal Register. The rule will be published in the Federal Register soon.
U.S. EPA figures suggest 16,000 (mostly small) sources currently emit a total of 1,300 tons of lead per year. However, this total is only 10 percent of levels prior to 1980. For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On April 22, 2008, the U.S. Department of Transportation proposed new Corporate Average Fuel Economy (CAFE) standards for both passenger vehicles and light trucks. The standards increase the manufacturer’s fleet average miles per gallon by 4.5 percent per year over the five-year period ending in 2015. The proposal is a 25% improvement over exceeding standards and it exceeds the 3.3% baseline standard established by Congress last year. For passenger cars, the proposal would increase fuel economy from the current 27.5 miles per gallon to 35.7 miles per gallon by 2015. For light trucks, the proposal calls for increases from 23.5 miles per gallon in 2010 to 28.6 miles per gallon in 2015. The proposal if adopted in final form will save nearly 55 billion gallons of fuel and reduce carbon dioxide emissions by approximately 521 million metric tons. Carbon dioxide (CO2) emitted from the tailpipes of motor vehicles is the natural by-product of the combustion of fuel.
The comment period for the proposed rules closes June 25, 2008. The rule will be published in the Federal Register soon. For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On April 22, 2008, the U.S. EPA proposed changes to the New Source Performance Standards (NSPS) for Nonmetallic Minerals Processing Plants (40 CFR Part 60, Subpart OOO). On April 28, 2008, EPA also proposed changes to the NSPS for Coal Preparation Plants (Subpart Y). The only regulated pollutant from both types of plants is particulate matter. Subpart OOO affects numerous types of plants that crush and process 18 listed nonmetallic minerals, including limestone, sand, gravel, and clay. The changes reduce the grain loading stack emission limit and the opacity standards. Opacity standards for crushers and fugitive sources (conveyors, storage bins, etc.) are also being reduced. Repeat performance testing would be required for facilities that do not have ongoing monitoring requirements.
Subpart Y applies to facilities that dry and process more than 200 tons per day of coal. Sources affected include coal mines, power plants, cement plants, and coke manufacturing. As with Subpart OOO, the proposed changes would lower stack grain loading limits, reduce opacity limits, and add continuing testing, monitoring, and recordkeeping requirements. The changes for both NSPS apply to new or modified affected facilities commencing construction after the proposal dates noted above.
For more information, see the Federal Register notices or contact EQ’s Kent Berry at 800-229-5299 or Jeff Slayback at 800-229-7495.
On April 10, 2008, the U.S. EPA and the U.S. Army Corps of Engineers released a final rule that sets standards to mitigate the loss of wetlands and streams.
U.S. EPA said the rule under Section 404 of the Clean Water Act improves the planning, implementation, and management of compensatory mitigation projects designed to restore aquatic resources that are affected when activities such as construction, mining, and farming disturb a half-acre or more of wetlands.
The rule also expands public participation and increases the efficiency and predictability of the mitigation project review process.
In particular, the rule emphasizes a “watershed approach” for restoring wetlands. It also provides one set of regulations for compensatory mitigation instead of the numerous separate guidance documents currently in use.
Under the rule, all compensation projects must have mitigation plans that include the same 12 fundamental components. Among other things, these include objectives, site selection criteria, site protection instruments such as conservation easements, a mitigation work plan, and a maintenance plan.
For more information, see the Federal Register notice or contact EQ’s John Miller at 800-229-7495.
On April 9, 2008, the House Education and Labor Committee passed legislation that would force the Occupational Safety and Health Administration (OSHA) to issue a rule regulating combustible industrial dusts.
The proposed Combustible Dust Explosion and Fire Prevention Act (H.R. 5522) would require OSHA to issue an interim rule within 90 days to regulate combustible industrial dusts, such as sugar dust, that can build up to hazardous levels in workplaces and explode. The agency would have 18 months to issue a final rule (38 OSHR 218, 3/20/08).
The legislation was introduced in the U.S. House of Representatives in March in response to the February 7 Imperial Sugar Co. refinery explosion in Georgia where 12 workers died and several more were hospitalized.
In November 2006, the U.S. Chemical Safety and Hazard Investigation Board issued a report on combustible dust incidents recommending that OSHA issue a combustible dust standard for general industry. Instead of issuing a standard, however, the agency created a national emphasis program for dust in October 2007.
On April 17, a federal appeals court overturned a decade-long precedent holding that potentially responsible parties under Superfund who voluntarily incur cleanup-related costs should not file contribution claims under either Section 107(a) or 113(f); instead they should file claims for cost recovery under Section 107(a) (Kotrous v. Goss-Jewett Co., 9th Cir., No. 06-15162, 4/17/08; and Adobe Lumber Inc. v. Hellman, 9th Cir., No. 06-16019, 4/17/08).
In its decision, the U.S. Court of Appeals for the Ninth Circuit aligned itself with a ruling issued by the U.S. Supreme Court in 2007, in which the high court said the Superfund law authorizes cost-recovery claims for private parties that voluntarily clean up contaminated sites (United States v. Atlantic Research Corp., 127 S. Ct. 2331, 64 ERC 1385 (2007)).
The U.S. EPA is issuing more than $74 million in brownfields grants in fiscal year 2008 to help revitalize former industrial and commercial sites.
According to the agency, 209 applicants were selected to receive 194 assessment grants totaling $38.7 million, 108 cleanup grants totaling $19.6 million, and 12 revolving loan grants totaling $15.7 million. They represent communities in 43 states, two tribes, and two U.S. territories.
The U.S. EPA received 845 grant applications.
Last year, U.S. EPA awarded $70.7 million in brownfields grants.
On April 18, Canada’s Health Minister Tony Clements announced that Canada will ban the use of bisphenol A in polycarbonate baby bottles but will not take action on use of the chemical in products used by adults.
The action is based on the results of a draft toxicity assessment of bisphenol A.
“Based on the results of our recently completed assessment, I am proposing precautionary action,” Clements said. “Canada will be the first country in the world to take such action.”
The assessment of bisphenol A, conducted under the Canadian Environmental Protection Act, found that most Canadians need not be concerned about their exposure to the chemical, as its negative health effects occur at much higher levels than Canadians' current exposure, Clement said.
On April 15, 2008, the Ohio EPA publicly announced the completion of the 9-year, $32 million cleanup of the 120-acre Kirby tire site in north central Ohio. EQ was the prime contractor on this project, which involved removing and shredding more than 4.5 million tires; disposing of more than 518 million pounds of tire residuals, clay cap material and contaminated soil; and recycling a portion of the shredded tires (10 million pounds). Work began in 2006 and was completed in April 2008. EQ was the original firm that extinguished the Kirby tire fire in August 1999 under the U.S. EPA Region 5 Emergency and Remedial Response (ERRS) contract.
For more information, contact EQ’s John Mullane at 800-229-7495.
For your engineering needs, please contact EQ Engineers at 219-844-3500, their website or email Ron Hawks
For international engineering services, contact EQ Engineers Slovakia via their website or email Bob McCullough
For questions about EQ's capabilities, please contact
Bob McCullough or Laurie Buckman, or call (800) 229-7495.
To subscribe to the EQuation Newsletter, please send an email to subscribe-eq@eqm.com.
To remove your name from the EQuation Newsletter listing, please send an email to unsubscribe-eq@eqm.com.