On December 15, 2009, U.S. EPA published two distinct findings regarding greenhouse gases (GHGs) under section 202(a) (control of motor vehicle emissions) of the Clean Air Act.
The U.S. EPA judges that the impacts to public health and welfare occurring within the U.S. alone warrant the endangerment finding. These findings do not in and of themselves impose any requirements on industry or other entities. It does, however, allow U.S. EPA to finalize the GHG emission standards for light-duty vehicles proposed jointly with the Department of Transportation’s Corporate Average Fuel Economy (CAFE) standards on September 15, 2009 (see October 2009 issue of the EQ newsletter). In particular, these findings do not trigger GHG-related requirements under the Prevention of Significant Deterioration (PSD) or Title V operating permit programs. Finalization of the GHG/CAFE standards for motor vehicles, proposed on September 15, 2009, would trigger these programs. U.S. EPA proposed a PSD and Title V GHG Tailoring Rule on September 30, 2009 (see November 2009 issue of the EQ newsletter) to address this issue.
For more information, see the Federal Register notice or contact EQ’s Kent Berry at (800) 229-5299.
On June 26, the U.S. House of Representatives passed the American Clean Energy and Security Act of 2009 (ACES Act), H.R. 2454, by a vote of 219 to 212. This comprehensive national climate and energy legislation would establish an economy-wide, greenhouse gas (GHG) cap-and-trade system and critical complementary measures to help address climate change and build a clean energy economy. The legislation was introduced into the House Energy and Commerce Committee by Committee Chairman Henry Waxman (D-California) and Rep. Edward Markey (D-Massachusetts), chairman of the Subcommittee on Energy and the Environment.
Similar legislation is under consideration in the U.S. Senate. The Senate Energy and Natural Resources Committee, chaired by Sen. Jeff Bingaman (D-New Mexico), passed the American Clean Energy Leadership Act of 2009 (S.1462) on June 17. This bill addresses several energy issues, including many addressed under the ACES Act. On November 5, the Senate Environment and Public Works Committee, chaired by Sen. Barbara Boxer (D-California), passed the Clean Energy Jobs and American Power Act of 2009 (S.1733), which draws heavily from the ACES Act and establishes a cap-and-trade system. Four other Senate committees hold jurisdiction over the legislation; thus, the timing of the climate change debate within the broader Congressional agenda remains unclear. Climate change legislation is not expected to be taken up until after the health care debate is completed. The Senate Finance Committee, chaired by Sen. Max Baucus (D-Montana), is expected to hold hearings when the Congress returns from recess in January. A coalition led by Senators Kerry (D-Massachusetts), Graham (R-South Carolina), and Lieberman (I-Connecticut) is working outside of the committee process to broaden the base of support for comprehensive climate legislation within the Senate, releasing their Framework for Climate Action and Energy Independence in the U.S. Senate on Dec. 10.
Majority Leader Reid (D-Nevada) is expected to combine the various elements into a comprehensive bill that he will bring to the Senate floor in the next few months. If the Senate passes this combined bill, differences between the Senate and House bills would have to be reconciled, with the final bill passed by both houses before the bill could be sent to President Obama and signed into law.
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On November 7, 2009, the Department of Transportation (DOT) submitted a final rule to the Office of Management and Budget for review to more accurately regulate the transportation of hazardous materials by using risk-based criteria rather than a blanket requirement. The DOT currently requires organizations and individuals that transport certain hazardous materials in commerce to develop and implement security plans. The plans must include an assessment of possible transportation security risks and address personnel security, unauthorized access, and en route security.
If approved, the new rule would eliminate security plan requirements for the transportation of some materials and expand the requirements for others. The suggested rule changes include:
The Office of Management and Budget has until the end of January 2010 to respond to the plan. A final implementation date has not been announced.
For more information, contact EQ’s Mike Arozarena at (800) 229-7495.
In a final rule, published December 3, 2009, the US EPA established emissions control requirements for hazardous air pollutants (HAPs) for the paint and allied product industries in the form of management practices for volatile HAPs, and equipment standards for particulate HAP. You are subject to this rule if you own or operate a facility that is an area source of HAP emissions and processes, uses, or generates materials containing benzene, methylene chloride and compounds of cadmium, chromium, lead and nickel. The regulated categories or entities potentially affected by this rule include:
This rule requires owners and operators of affected facilities to operate a particulate control device during the addition of pigments and other solids that contain the referenced compounds. Particulate control devices that vent to the atmosphere must be maintained such that visible emissions from the control device do not exceed 10 percent opacity when averaged over a 6-minute period. Devices that do not vent to the atmosphere are not affected by this rule. To demonstrate initial compliance with this rule, facilities must certify that they have implemented all required control technologies and management practices and that all equipment associated with the processes will be properly operated and maintained.
All existing area source facilities subject to this rule are required to comply with the rule requirement no later than December 3, 2012. New facilities commencing construction after June 9, 2009 must comply at the time of operation commencement.
For more information, see the Federal Register notice or contact EQ’s Kent Berry at (800) 229-5299.
As of December 21, 2009, it will become more difficult to build a new or expand an existing manufacturing facility in the City of Cincinnati. The Cincinnati Environmental Justice Ordinance is believed to be the only one of its kind in the United States. The purpose of the Ordinance is to protect persons living in disadvantaged communities from the adverse impacts of industrial pollution.
The Ordinance requires proposed new manufacturing or industrial facilities, or changes or expansions of existing manufacturing facilities, to obtain an Environmental Justice Permit. To obtain this permit, the applicant must demonstrate that proposed manufacturing operations will not cause a “cumulative, material adverse impact” on the community. An Environmental Justice Permit is required for a Proposed Project to proceed even if all other federal, state, and local permits and approvals have been obtained.
For more information on affected facilities and permit requirements see “Environmental Justice” article on EQ’s website.
On December 19, 2009, the Copenhagen Accord was released. This Accord is a 3-page political declaration that is intended to frame future UN climate change negotiations and codify national policies on adaptation and mitigation. Originally, the plan was for the Copenhagen talks to deliver a comprehensive, legally-binding international deal to tackle climate change. It is safe to say that the Copenhagen Accord did not yield a new global climate treaty as was expected or hoped for by many Non-Government Organizations (NGOs) and several prominent Heads of State. The most meaningful elements of the declaration are the increased potential for US involvement in a global climate change regime, inclusion of developing country reduction plans in global reporting, and pledges of financial support for developing countries. The Accord makes reference to the need to keep temperature rises to no more than 2 °C and it says rich countries will commit to cutting greenhouse gases and developing nations will take steps to limit the growth of their emissions. It does not set enforceable emission limits or targets.
For more information, for a detailed account of the Accord see “What Happened at Copenhagen” on EQ’s website or contact EQ’s Tom Robertson at (800) 229-5299.
On November 29, 2009, U.S. EPA Region 7 awarded Environmental Quality Management, Inc. (EQ) a contract to remove lead-contaminated soil from 800 residential properties throughout Madison County, Missouri. The project was funded using stimulus money and is expected to take up to 3 years to complete. EQ has hired 34 local personnel to supplement its workforce and help the very economically stressed local economy. To date, EQ has completed 20 properties and is expected to complete 30 to 40 properties per month when the workforce is at full strength in January 2010. The project value is approximately $13,000,000.
For more information, contact EQ’s John Mullane at (800) 229-7495
Did you know the US EPA estimates 40 percent of all battery sales occur during the holiday season?
The gift giving during this time of year includes many electronic gadgets and toys that undoubtedly require batteries to operate. Unfortunately, many of these batteries will end up in landfills.
So what’s the problem? Not only do batteries take up space in a landfill, but some contain heavy metals such as mercury, lead, cadmium and nickel, that have the potential to contaminate the environment.
Even though it isn’t the holiday season anymore, give a gift the environment by:
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
Bob McCullough or Laurie Buckman, or call (800) 229-7495.
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