On February 17, 2009, President Obama signed the $787 billion American Recovery and Reinvestment Act of 2009. This new law provides tax relief; local and state fiscal relief; direct funding for infrastructure, the environment, health care, education, and energy; and assistance to workers hurt by the economy. The Recovery Act specifically includes $7.22 million for projects and programs administered by the U.S. EPA, including:
U.S. EPA plans to award both the designated funds to states and competitive grants as soon as possible. Announcement of grants will be posted on www.recovery.gov to ensure transparency.
Sewage treatment and drinking water utilities seeking infrastructure funding under the stimulus legislation should apply to their individual states using the same process they use for typical revolving loan funds, according to the U.S. EPA. The money will be distributed in accordance with the current allotment formulas. New York gets the largest allocation under the Clean Water Fund ($436.9 million), followed by California ($283.1 million) and Ohio ($222.9 million). For drinking water funds, Texas tops the list at $160.7 million, followed by California ($159 million) and Florida ($88.1 million.)
For more information, visit the U.S. EPA website or www.recovery.gov
On February 6, 2009, U.S. EPA’s new Administrator, Lisa Jackson, announced that the agency plans to develop technology-based standards to control mercury emissions from power plants under Section 112 of the Clean Air Act. These standards would be based on the application of Maximum Available Control Technology (MACT) and would abandon the cap-and-trade regulatory approach taken by the Bush Administration for mercury from power plants under the 2005 Clean Air Mercury Rule (CAMR). Thus, U.S. EPA also moved to withdraw a Supreme Court petition filed by the Bush Administration seeking to reinstate the CAMR, which was overturned in February 2008 by the U.S. Court of Appeals for the District of Columbia.
For more information, contact EQ’s Kent Berry at (800) 299-5299.
On February 17, 2009, U.S. EPA Administrator Lisa Jackson announced that the agency will reconsider a memorandum issued by her predecessor, Stephen Johnson.
The Johnson memorandum, issued in December 2008, states that carbon dioxide is not a regulated pollutant under the Clean Air Act, and therefore U.S. EPA, states, and other permitting authorities are not required to consider carbon dioxide emissions in permits issued under the PSD program.
The Sierra Club and other parties petitioned U.S. EPA in early January to reconsider the Johnson memorandum.
In Jackson’s statement, she said the U.S. EPA “will vigorously review the Johnson memo to ensure that it is consistent with the Obama Administration's climate change strategy and interpretation of the Clean Air Act.” The agency said it will seek public comment on the memo and on its potential impact on communities.
For more information, visit the U.S. EPA website or contact EQ’s Tom Robertson at (800) 229-5299.
In interviews conducted at the National Governors Association meeting February 21-23, 2009, Carol Browner, special advisor to the Obama Administration on climate and energy, indicated that U.S. EPA will soon announce its determination that carbon dioxide represents a danger to public health and welfare. By officially recognizing that CO2 is a danger, U.S. EPA would then be required by the Clean Air Act to write regulations governing stationary source CO2 emissions. Prior comments by Lisa Jackson, the new U.S. EPA Administrator, indicate that agency action on the issue could take place as soon as early April 2009. Ms. Browner also indicated in her comments the Administration’s intent to establish a national policy for auto emissions. As expected, these and other Administration comments are being hailed by environmental advocates and some members of Congress, while business groups and other lawmakers are critical and concerned of the impact on an already weak economy.
For more information, contact EQ’s Jeff Slayback at (800) 229-7495 or Tom Robertson at (800) 229-5299.
On January 28, 2009, U.S. EPA waived opacity standards for fossil-fuel-fired steam-generating units that voluntarily use a continuous emissions monitoring system (CEMS) to monitor particulate matter (PM). This new rule amends four New Source Performance Standard (NSPS) regulations for new or modified fossil-fuel- fired steam generating units (40 CFR Part 60 Subparts D, Da, Db, and Dc). U.S. EPA found that the PM mass emission rate standards for filterable PM, which would be continuously monitored, are substantially tighter than the opacity standard, which is thus no longer necessary. U.S. EPA also concluded that source owners who elect the PM CEMS option should be required to test affected facilities for condensable PM to determine if condensable PM should be included in future NSPS revisions. Because the test method used to measure condensable PM (Method 202) has problems with artifact formation, U.S. EPA deferred this testing requirement until July 1, 2010 or until Method 202 is revised to minimize artifact measurement, whichever is later.
For more information, see the Federal Register notice or EQ’s Kent Berry at (800) 299-5299.
On January 26, 2009, President Obama directed the U.S. EPA to reconsider a Bush Administration decision that barred California and other states from regulating greenhouse gases from vehicles.
California adopted greenhouse gas (GHG) emission regulations for cars and light-duty trucks, beginning with the 2009 model year. In December 2005, the state submitted a request that U.S. EPA grant a waiver for these regulations. The U.S. EPA under the Bush Administration denied this request on March 6, 2008.
The Clean Air Act (CAA) preempts states from adopting their own emission standards for new motor vehicles unless the U.S. EPA grants a waiver.
If the waiver is granted to California, it would open the gates for more than a dozen other states whose own clean-car rules hinge on the California regulations, which are designed to cut greenhouse gases from passenger cars and light trucks 30 percent by 2016.
Public comments are now due by April 6 and a public hearing will be held in Arlington, Virginia on March 5.
For more information, see the Federal Register notice or contact EQ’s Kent Berry at (800) 229-5299.
The U.S. EPA’s program on the assessment and control of toxic chemicals has been added to a list of federal programs, policies, and operations that are at a high risk for waste, fraud, abuse, and mismanagement, according to a Government Accountability Office (GAO) report released January 22.
The U.S. EPA program is one of three areas added to the high-risk list, which is published every two years by GAO. The other additions this year were the system governing U.S. financial institutions and markets, and the Food and Drug Administration's oversight of medical products.
“The three areas added to this year's High-Risk List are all vital to the public's well being,” said Acting Comptroller General and head of GAO Gene L. Dodaro. “I am hopeful that the inclusion of these issues will lead to greater scrutiny and spur needed reforms.”
According to GAO, the U.S. EPA program was added to the list because the agency's Integrated Risk Information System (IRIS), which contains assessments of more than 500 toxic chemicals, is at risk of becoming obsolete. U.S. EPA has been unable to keep its assessments current or to complete assessments of chemicals of concern. The agency has “finished just nine assessments in the past three years; at the end of 2007, most of the 70 ongoing assessments had been under way for more than five years,” according to a news release from the GAO.
GAO also noted that 2003 U.S. EPA data showed that more than half of the 540 existing assessments may have been outdated, and it estimated that percentage is even higher today.
On February 4, 2009, Democratic House members introduced a bill that would require OSHA to issue rules on controlling combustible dust hazards.
The Worker Protection Against Combustible Dust Explosions and Fires Act of 2009 (H.R. 849) would require OSHA to issue an interim dust rule within 90 days and a final rule within 18 months and revise its hazard communication standard to warn workers of the dangers associated with combustible dust.
The bill was introduced four days before the one-year anniversary of a fatal combustible dust explosion at the Imperial Sugar refinery in Port Wentworth, Ga. The explosion killed 14 workers and injured 6. Imperial Sugar CEO John Sheptor has supported the legislation since its introduction last Congress and urged for its swift passage.
In a 2006 report, the U.S. Chemical Safety and Hazard Investigation Board identified more than 280 combustible dust incidents between 1980 and 2005 that killed 119 workers.
The House Education and Labor Committee has not yet scheduled any hearings on the bill. The bill's sponsors hope the introduction of the bill will persuade OSHA to issue a standard without congressional intervention.
The United States, the world's largest ethanol producer, is weighing options to boost domestic use of the fuel, according to the U.S. Department of Agriculture.
U.S. Department of Agriculture Secretary Tom Vilsack recommends that a higher percentage of ethanol be blended into gasoline to support the nation's struggling biofuel industry. The U.S. currently allows gasoline to contain a maximum of 10.2 percent ethanol, most of which is produced from corn.
Vilsack said he is discussing an increase in the blend target with the U.S. EPA, the agency that controls the nation's biofuel standard.
Ethanol demand has fallen since oil prices plunged following a peak last summer. An estimated 21 percent of U.S. ethanol production capacity is currently shut down, according to ethanol producer Archer Daniels Midland.
Industry groups suggest that the U.S EPA respond by increasing blend rates to 15-20 percent, which they suggest would guarantee greater demand.
The U.S. EPA and U.S. Department of Energy are studying how a higher blend rate would affect both vehicle handling and the environment. According to the auto industry, most cars are not designed to run on a higher ethanol blend. It also remains unclear how the higher blend ratio would affect air pollution and greenhouse gas emissions.
A coalition of environmentalists, meanwhile, is calling for the biofuel to be phased out altogether.
EQ Vice President John Kominsky recently published a peer-reviewed article in the Journal of Occupational and Environmental Hygiene on sampling for asbestos fibers.
The article, titled “Efficiency of Sampling and Analysis of Asbestos Fibers on Filter Media: Implications for Exposure Assessment” (Vol. 6: 62-72, January 2009), reports the results of a year-long research study to determine whether the pore size of filters used to collect airborne asbestos fibers can impact fiber retention efficiency. Low fiber retention efficiency can affect the count measurement and fiber size analysis used to determine whether asbestos is present in the air. Failure to properly measure the air concentration and distribution of fibers can result in an inaccurate exposure assessment.
The study demonstrated that the fiber retention efficiency of the 0.45-micrometer pore size is higher than that of the 0.8-micron pore size of mixed cellulose ester (MCE) filter media for asbestos fibers longer than or equal to 0.5 microns in length. For asbestos fibers longer than 5.0 microns in length, however, there is no statistically significant difference between the two pores sizes.
Many asbestos exposure risk models attribute health effects to fibers longer than 5 microns. In these models, both the 0.45-micron and 0.8-micron pore size MCE filter can produce suitable estimates of the airborne asbestos concentrations. However, some models suggest a more significant role for asbestos fibers shorter than 5 microns. Exposure monitoring for these models should consider only the 0.45 micron pore size MCE filters as recommended by the U.S. EPA.
Co-authors of the article include Daniel A. Vallero, U.S. EPA, National Exposure Research Laboratory in Research Triangle Park, North Carolina, and Michael Beard (deceased) and Owen Crankshaw of RTI International in Research Triangle Park, North Carolina.
This research study will be discussed at a March 12 congressional hearing (House Science & Technology Committee) on the Agency for Toxic Substances and Disease Registry’s (ATSDR) methods for assessing risk from asbestos fibers at contaminated sites.
For more information, see the article or contact EQ’s John Kominsky at (800) 229-7495.
By late spring 2009, a new $30 million co-generation facility in Ohio should be up and running, thanks in part to air and wastewater permitting work completed by EQ.
The facility, which is currently under construction, is located at the SMART Papers paper mill in Hamilton, Ohio. The mill, originally constructed in 1893, produces high-end paper.
The plant previously generated steam from two coal-fired boilers to operate three paper machines and produced enough electricity to operate the facility. Now, the plant will turn more steam into electricity – enough to generate about 20 megawatts a year. The plant will use what it needs and sell excess power back to utilities. The boilers will also be eventually converted to run on biomass fuel, a renewable resource consisting of yard waste, industrial wood and fiber waste, instead of coal.
EQ was retained by SMART Papers to prepare applications for air and wastewater permit-to-installs. The air permitting efforts included an evaluation of the project for Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review and modeling of the potential impacts. The permits were approved by Ohio EPA in 2008.
For more information, contact EQ’s Ken Hardesty or Jeff Slayback at (800) 229-7495.
EQ’s Julie Wagner and Deb Leonard are presenting at the 18th annual MEC Environmental Symposium in Cincinnati on March 25 and 26, 2009.
Ms. Leonard’s session, from 11:15 p.m. to 12:30 p.m. on Wednesday, March 25, is titled “Environmental Lemons to Community Lemonade.” This interactive presentation will communicate how the Metropolitan Sewer District of Greater Cincinnati is working to brand its 25-year, multi-billion-dollar program to overhaul sewer infrastructure in Hamilton County. The issue? Sewer bills will increase at rates of 12% a year (year after year) to pay for the improvements.
Ms. Wagner’s session, from 8 a.m. to 9:15 a.m. on Thursday, March 26 is titled “Going Green…..Case Studies in Sustainability and Green Initiatives Embracing Global Climate Change Efforts – Goals, Achievements and Challenges.” This presentation highlights sustainability efforts by P&G, the St. Bernard Soap Company, the Cincinnati Zoo & Botanical Garden, and Environmental Quality Management, Inc., as part of the Hamilton County Go Green Challenge program.
For more information, contact EQ’s Julie Wagner or Deb Leonard at (800) 229-7495.
Did you know that recycling 1 ton of paper saves 17 mature trees, 7,000 gallons of water, 3 cubic yards of landfill space, 2 barrels of oil, and 4,100 kilowatt-hours of electricity — enough energy to power the average American home for five months? (EPA, 2008 )
Recycling is easy once you learn the basics. If you have recycling at work or home, EQ recommends you utilize this important service. Recycling has many important environmental and economical advantages. For example, recycling:
If you do not have recycling opportunities at work or home, check with your waste provider on how to add recycling services. Also, you can often deposit recyclable materials at public recycling drop-off stations.
For more information on 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.
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