National and Global News
EPA Completes Framework for Greenhouse Gas Permitting Program (Jan 2011)
EPA Announces $10 Million for Communities to Combat Climate Change
EPA Finalizes 2008 National U.S. Greenhouse Gas Inventory
New Lead-Based Paint Rule Takes Effect 22 April 2010
The ABA-EPA Law Office Climate Challenge
EPA Extends by One Year the Compliance Date on Spill Prevention Rule for Certain Facilities
EPA Completes Framework for Greenhouse Gas Permitting Program
(4 January 2011) The U.S. Environmental Protection Agency (EPA) has taken steps to ensure that the nation’s largest industrial facilities will be able to obtain Clean Air Act permits covering greenhouse gas emissions.
Beginning this month, large industrial emitters of GHGs that are planning to build new facilities or make major modifications to existing ones, must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHG emissions. Large industrial emitters of GHGs include power plants, refineries and cement production facilities. Emissions from small sources, such as farms and restaurants, are not covered by the new GHG permitting requirements.
The first set of actions taken by the Agency will give it authority to permit GHGs in seven states, including Arizona, Arkansas, Florida, Idaho, Kansas, Oregon and Wyoming, until such time as those states revise their permitting regulations to cover GHG emissions.
In a second set of actions, EPA has issued final rules that will ensure there are no federal laws in place requiring any state to issue a permit for GHG emissions below levels outlined in the tailoring rule. |
2010
EPA Announces $10 Million for Communities to Combat Climate Change
The U.S. Environmental Protection Agency (EPA) is making available up to $10 million in grants to local governments to establish and carry out initiatives to reduce greenhouse gas emissions. Under the Climate Showcase Communities Program, EPA expects to award approximately 25 cooperative agreements ranging from $100,000 to $500,000.
Under the Program, local governments are eligible for grants to create sustainable community actions that can be used elsewhere, generate cost-effective greenhouse gas reductions and improve the environmental, economic, public health, and social conditions in a community. A 50 percent cost share is required for recipients.
The grant program is administered by EPA’s Local Climate and Energy Program, an initiative to assist local governments to identify, implement and track policies and programs that reduce greenhouse gas emissions within their operations and surrounding communities. Over the course of the Program, EPA will offer training and technical support to grant recipients, and share lessons learned with communities across the nation. This is the second round of funding for the Climate Showcase Communities Program. Last year, EPA selected 25 projects that received $10 million in grants.
Proposals are due by 26 July 2010 at 4 pm EDT. Grants are expected to be awarded in February of 2011.
More information about the Climate Showcase Communities Program can be found at www.epa.gov/statelocalclimate/local/showcase. Back to top |
EPA Finalizes 2008 National U.S. Greenhouse Gas Inventory
The U.S. Environmental Protection Agency (“EPA”) has released its 15th annual U.S. greenhouse gas inventory report, which shows a drop in overall emissions of 2.9 percent from 2007 to 2008. The downward trend is attributed to a decrease in carbon dioxide emissions associated with fuel and electricity consumption.
Total emissions of the six main greenhouse gases in 2008 were equivalent to 6,957 million metric tons of carbon dioxide. The six main greenhouse gases include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Though overall emissions dropped in 2008, emissions are still 13.5 percent higher than they were in 1990.
The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2008, is the latest annual report that the United States has submitted to the Secretariat of the United Nations Framework Convention on Climate Change. The Convention sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change. EPA prepares the annual report with experts from multiple federal agencies and after gathering comments from a broad range of stakeholders across the country.
The report tracks annual greenhouse gas emissions at the national level during the period 1990 to 2008. The report also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks”, a process that occurs through the uptake of carbon by forests, vegetation and soils. Back to top |
New Lead-Based Paint Rule Takes Effect 22 April 2010
The United States Environmental Protection Agency (EPA) reports that effective 22 April 2010, anyone receiving compensation for disturbing painted surfaces in housing, schools and day care facilities built before 1978, is subject to the Agency's new Renovation, Repair and Painting Rule.
The requirements under the Rule apply to maintenance, renovation or repair activities where six square feet (about the size of a poster) or more of an interior painted surface is disturbed; or where 20 square feet or more (about the size of a door) of an exterior painted surface is disturbed. Window replacement is also covered by the Rule. Under the new Rule, child-occupied facilities are defined as public or commercial buildings where children under age six are present on a regular basis.
Contractors affected by the Rule will be required to:
- Apply to EPA to be approved as a Certified Renovation Firm.
- Receive the necessary training and certification from an EPA-accredited training provider for Lead Safe Work Practices.
- Assign a Certified Renovator to be present at each project.
- Ensure that lead safe work practices are used throughout the project.
- Provide consumers or tenants with an EPA pamphlet entitled Renovate Right prior to the start of any regulated project.
- Maintain records documenting that the required information has been provided at each project subject to the Rule.
Landlords who perform their own work without the aid of contractors are bound by the Rule's requirements.
Lead, a toxic material that was used for many decades in products such as paint, can cause a range of health effects ranging from behavioral problems and learning disabilities, to seizures and death. Children under six years of age are most at risk. In 1978 the sale and use of lead-based paint was banned for residential use. Back to top
The ABA-EPA Law Office Climate Challenge
The American Bar Association (ABA) Section of Environment, Energy and Resources, and the United States Environmental Protection Agency (EPA), have designed a program to encourage law offices to take simple, practical steps to become better environmental and energy stewards. Your law office can participate by implementing best practices for office paper management, or by joining at least one of three voluntary EPA partnership programs that encourage better office paper management, the use of renewable energy, and better energy management.
Specifically, your office can enroll in the Climate Challenge by taking at least one of the following actions:
- Implement a policy of best practices for office paper management: switch to double-sided printing and copying to reduce the amount of paper you use; buy paper with recycled content; and increase recycling.
- Join the EPA Waste Wise Program, and adopt best practices for office paper management.
- Join the EPA Green Power Partnership, by purchasing some or all of your electricity from renewable sources such as solar or wind.
- Join the EPA Energy Star Program. Adopt an energy management plan designed for law offices, and set a goal to reduce your electricity use by at least 10%.
Whether your firm is large or small, whether you own or lease, whether your office is in the city or the suburbs or in a rural area, this program will help you become a better environmental and energy steward, and will save operating costs in the bargain.
If you take any of these steps, you’ll be recognized by the ABA as a Law Office Climate Challenge Partner, and if you join one of the EPA programs, you’ll be recognized by EPA as well. And if you can achieve certain identified goals, then the ABA will recognize you as a Law Office Climate Challenge Leader. Back to top |
EPA Extends by One Year the Compliance Date on Spill Prevention Rule for Certain Facilities |
(19 October 2010) The United States Environmental Protection Agency (EPA) has extended the compliance date by one year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The Agency has also announced that some facilities will not be eligible for the one year extension and will have to comply by the current deadline of November the 10th 2010.
Last year, EPA amended the SPCC rule to strengthen certain provisions. Regulated facilities are required to implement these changes as part of their overall SPCC plans. The purpose of the SPCC rule, which was finalized in 1973, is to establish requirements for facilities to prevent a discharge of oil into navigable waters.
Types of facilities eligible for the one year extension include: certain onshore oil production; farms; electric utility plants; certain petroleum refining and related industries; chemical manufacturing; food manufacturing; manufacturing facilities using and storing animal fats and vegetable oils; metal and other manufacturing; real estate rental and leasing; retail trade; construction; wholesale trade; transportation; arts, entertainment and recreation; other services (except public administration); petroleum bulk stations and terminals; education; hospitals and other health care; accommodation and food services; fuel oil dealers; gasoline stations; finance and insurance; mining; warehousing and storage; religious organizations; military installations and government facilities. |
In summary, the rule would:
- Extend the date by which the owners or operators of certain facilities must prepare or amend and implement their SPCC plans by one year to November 10th 2011.
- Delay the compliance date by which facilities must address milk and milk product containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO, until one year after EPA finalizes a rule for these facilities.
- Maintain the current November the 10th 2010 compliance date for drilling and production facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit facility response plans.
- Reconcile the compliance dates for new production facilities.
These amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16th 2002, to maintain and continue implementing their SPCC plans in accordance with the SPCC regulations then in effect.
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