At the direction of President Obama, White House Chief of Staff Rahm Emanuel issued a memo on January 20 that could delay the implementation of a number of regulations, including several environmental ones, issued in the final days of the Bush Administration.
The memo, written to the heads of executive departments and agencies, requests that no proposed or final regulation should be published in the Federal Register until it has been reviewed by a Federal agency head appointed or designated by President Obama. The memo also directed that any proposed or final regulations that have not yet been published in the Federal Register be withdrawn so that they can be reviewed by the Obama administration. In addition, the memo also directed agencies to consider extending for 60 days the effective date of regulations that have been published but have not taken effect and to reopen the comment period for those rules.
President Bush's first chief of staff, Andrew Card, issued a similar memorandum on the first day of Bush's presidency to stop implementation of pending Clinton administration regulations, and some of the regulations were never implemented. Others were modified, and some were allowed to take effect with no changes.
U.S. EPA rules that could be affected by the Emanuel memo include the new source review rules published on January 15 (see related article in this e-Newsletter), a final rule released but not published amending the NESHAP for petroleum refineries, and a proposed NESHAP (released but not published) for aluminum, copper, and other nonferrous foundries classified as “area sources” (non-major sources of HAPs).
On January 15, the U.S. EPA published two Federal Register notices involving the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs. The first notice sets forth U.S. EPA’s policy concerning when a source must aggregate emissions from nominally separate projects for determining PSD or NNSR applicability. U.S. EPA stated that projects should be aggregated for NSR applicability purposes only when there is a substantial economic or technical relationship between the activities. U.S. EPA established a rebuttable presumption that projects undertaken three or more years apart would not need to be aggregated and that activities separated by less than 3 years have no presumptions (i.e., even projects undertaken at the same time need not be aggregated if they are not substantially related technically or economically). The notice also deferred action on an earlier proposal to allow “project netting” as a means of avoiding PSD review in the first step of the PSD applicability procedure.
In the second notice, U.S. EPA withdrew a September 2004 proposal regarding how “debottlenecking” (i.e., how emission changes from units upstream or downstream from a unit being modified) should be treated for NSR applicability purposes.
The aggregation rule takes effect on February 17, but could be delayed under President Obama’s order freezing implementation of rules issued in the last days of the Bush administration (see accompanying article in this e-Newsletter).
For more information, see the Federal Register notice on aggregation and project netting or the Federal Register notice on debottlenecking or contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.
On January 26, U.S. EPA published a Federal Register notice announcing a settlement agreement between U.S. EPA and a number of states and environmental groups in which U.S. EPA agreed to consider revisions to its National Emission Standards for Hazardous Air Pollutants (NESHAPs) for Portland cement plants. The current NESHAP sets emission limits from new cement kilns for mercury and total hydrocarbons (THC), but does not set limits for these pollutants for existing kilns. Also, U.S. EPA had decided not to set any emission limits for HCl because they believed current HCl emissions do not endanger human health. In the settlement agreement, U.S. EPA agreed to consider more stringent mercury and THC limits for new kilns, new limits for existing kilns, and HCl limits for new and existing kilns. U.S. EPA agreed to propose the NESHAP revisions by March 31, 2009 and to finalize them by March 31, 2010. Any more stringent limits for new kilns would likely be applicable to kilns commencing construction after the date of proposal and to existing kilns 3 years from the date of promulgation.
For more information, see the Federal Register notice or contact EQ’s Tom Robertson or Kent Berry at (800) 229-5299.
On December 22, 2008, U.S. EPA published an alternative method for finding leaks in a required Leak Detection and Repair (LDAR) program. LDAR requirements are contained in numerous U.S. EPA air emission standards for controlling Volatile Organic Compound (VOC) emissions or organic Hazardous Air Pollutant (HAP) emissions.
The alternative method involves the use of optical gas imaging technology (like night vision goggles) that allows invisible leaks to be seen on a video screen. This method is expected to reduce the cost of finding leaks and could be used for a wide variety of rules affecting chemical plants, refineries, bulk liquid storage facilities and many others (roughly 45 source categories).
For more information, see the Federal Register notice or contact EQ’s Tom Gerstle at (800) 229-7495.
On January 29, the U.S. EPA Administrator withdrew the proposed rule published in the Federal Register on November 26, 2008 (73 FR 72016) that would postpone the compliance date for some SPCC facilities. This withdrawal of the rulemaking means the existing rule and compliance dates remain in effect. The table below reflects the current compliance timetable for facilities:
| A facility
(other than a qualified farm or production facility) starting operation… |
Must… |
| On or before August 16, 2002 | Maintain its existing SPCC Plan Amend and implement the SPCC Plan no later than July 1, 2009 |
| After August 16, 2002 through July 1, 2009 |
Amend and implement the SPCC Plan no later than July 1, 2009 |
| After July 1, 2009 | Prepare and implement a SPCC Plan before beginning operations |
In addition to the withdrawal of the proposed rule, the U.S. EPA also issued an Interim Final Rule concerning the SPCC rulemaking published in the Federal Register on December 5, 2008 (73 FR 74236). The agency has extended the effective date of this rulemaking from February 3, 2009 to April 4, 2009. In addition, the agency is requesting public comment on the delay of the effective date and on the requirements for produced water containers at oil production facilities and the criteria for identification of qualified oil production facilities eligible to self-certify their SPCC Plans. Comments are due 30 days after the date of publication in the Federal Register. Finally, the Agency is also reviewing the dates by which owners or operators of facilities must prepare or amend their SPCC Plans, and implement those Plans. A prepublication version of this rulemaking can be found at Pre-publication Version of Rulemaking.
For more information, visit the U.S. EPA Website or contact EQ’s Mike Arozarena or Ken Hardesty at (800) 229-7495.
On December 2, 2008, the California Air Resources Board (CARB) approved final regulations for the mandatory monitoring and reporting of greenhouse gas (GHG) emissions. Effective January 1, 2009, the regulations require certain operators, retail providers, and marketers involved in electric generation within California or the import or export of electricity across California borders to comply with monitoring and reporting guidelines associated with their GHG emissions. Those entities that fall under the regulation must submit Emission Data Reports summarizing their 2008 GHG emissions by either April 1 or June 1, 2009 and on an annual basis thereafter. California intends to use the mandatory reporting requirements to assist in the development and implementation of future strategies to reduce GHG emissions under the California Global Warming Solutions Act of 2006 (the Act), also known as California Assembly Bill No. 32 (AB 32). AB 32 establishes a multi-step initiative with the goal of reducing statewide GHG emissions to 1990 levels by the year 2020.
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On January 6, the New York State Environmental Board adopted new rules to implement the Prevention of Significant Deterioration (PSD) program in the State of New York. Because New York is one of the few states that does not have an U.S. EPA-approved PSD program, PSD review for major new or modified sources in attainment areas of New York is currently being implemented by the U.S. EPA. The new PSD rules become effective in March. PSD permit applications submitted after the effective date will be processed and issued by the New York State Department of Environmental Conservation and not by U.S. EPA.
For more information, contact EQ’s Kent Berry at (800) 229-5299.
Testifying before the Senate Foreign Relations Committee on January 13, Sen. Hillary Clinton (D-N.Y.) said that when she becomes secretary of state she will appoint a lead climate change negotiator.
“We will have a climate change ongoing negotiator because we want to elevate it,” she said. “We want to have one person who will lead our international efforts. But, I agree completely that our credibility leading internationally will depend largely on what we are able to accomplish here at home.”
Clinton, in her first appearance before the committee since being named by President-elect Obama to be secretary of state, did not discuss specifics of possible U.S. action at home, but Obama has supported legislation to make deep cuts in U.S. emissions.
Climate change was one of a number of issues raised during the nomination hearing along with conflict zones around the world, foreign aid, the organization of the State Department, and the funding of former President Bill Clinton's foundation.
Clinton listed climate change and greenhouse gas mitigation as one of the many challenges she will face as secretary of state.
On January 9, the Occupational Safety and Health Administration (OSHA) published revisions to its Voluntary Protection Programs (VPP). The changes are effective May 9.
Established in 1982, the VPP is OSHA’s recognition program for excellence in workplace safety and health. There are currently 2,161 federal and state plan VPP participants.
Highlights include two new ways to participate (mobile workforce and corporate), greater flexibility in the VPP Demonstration Program, modified provisions concerning Star Program Rate Reduction Plans and 1-Year Conditional Status, clarified requirements for Federal agency participants performing construction activities, and a new expectation concerning outreach and mentoring activities.
OSHA has also adopted a proposed tiered approach to determining the frequency of on-site evaluations and will require the support of a majority of union employees working at a site for it to participate.
New outreach requirements direct VPP participants to “serve as models of safety and health excellence in their industries,” specifying they may do so by mentoring other work sites, giving presentations at safety and health conferences, and sharing best practices.
For more information, see the Federal Register notice, contact the OSHA National Office, Directorate of Cooperative and State Programs, at (202) 693-2213, or visit the OSHA VPP website.
On December 18, 2008, the European Parliament finalized safety legislation tightening restrictions on the chemical substances that can be used in toys sold in the European Union.
The legislation bans the use of 55 allergenic fragrances in toys, and largely bans carcinogenic, mutagenic, or reprotoxic substances, unless they are included in non-accessible toy parts and scientific studies show they can be incorporated into products safely.
The legislation also places strict restrictions on the use of arsenic, cadmium, chromium, lead, mercury, and organic tin, and introduces labeling requirements for allergenic fragrances not on the banned list.
Marianne Thyssen, a Belgian center-right lawmaker who was appointed by the Parliament to oversee the legislation, said the vote meant that the European Union now had the strictest toy safety legislation in the world.
The text, adopted by lawmakers at a plenary session in Strasbourg, France, replaces toy safety rules dating back to 1988, and must be transposed by EU countries into their national codes of law.
Member states have 18 months to do this, although transitional periods of up to four years apply for phasing out noncompliant toys.
Two EQ employees – Joe Biss and Stephanie Werner – are now certified as greenhouse gas (GHG) verifiers.
The two participated in and passed the beta examination for the new GHG verifier certification program launched in January 2009 by CSA America, Inc. They also meet the professional requirements of the certification, including required education and technical and auditing experience.
Joe Biss works in EQ’s Pittsburgh office, and Stephanie Werner works in the Cincinnati office.
CSA America, Inc., a developer of standards, codes, and certification programs, is the developer of the first personnel certification program for individuals who perform third-party GHG verifications.
The certification has been developed by industry stakeholders and will be operated and maintained by CSA America under the structure of ISO 17024.
For more information, visit the CSA America website or contact EQ’s Tom Robertson at (800) 229-5299.
EQ employee Dean Downs was recently appointed to a State Advisory Board on Air Pollution Control for Virginia. As a member of this technical advisory board, he is responsible for identifying and analyzing air-related issues involving health, environmental impact, and quality of life for the State Air Pollution Control Board and the Virginia Department of Environmental Quality. The advisory board generally consists of 20 members and represents a balance of diverse disciplines and backgrounds with expertise or experience directly or indirectly related to air quality management. His term expires in December 2010. Dean has worked for EQ’s Roanoke, Virginia office since February 2007. Prior to working for EQ, Dean worked for the Virginia Department of Environmental Quality’s Roanoke office for 14 years. He specializes in air permitting and compliance.
For more information, please call EQ’s Dean Downs at (540) 772-3130.
EQ’s Tom Robertson will present on mercury emissions from cement kilns at the 12th annual EUEC Energy & Environment Conference on February 1-4 in Phoenix, Arizona. His presentation is on Tuesday, February 3 as part of the mercury monitoring and reporting track.
For more information, visit the EUEC website or contact EQ’s Tom Robertson at (800) 229-5299.
Small businesses can make the shift to sustainable practices much more quickly than their larger counterparts. So, if you start now and promote your new green profile to customers, you can reap the rewards before deep-pocketed competitors jump in. Here’s a practical menu of ways to go green. Choose those that make sense for you. Just remember: Environmentally focused consumers are now skeptical of talk. You must demonstrate real commitment to earn their trust and dollars.
For more information about reducing your carbon footprint or to learn more about EQ’s Sustainability Program, visit our website or contact EQ’s Tom Robertson at (800) 229-5299.
For your engineering needs, please contact EQ Engineers at 219-844-3500, or email Ron Hawks
For questions about EQ's capabilities, please contact
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