On December 19, 2008, the U.S. EPA published final changes to its Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) rules involving inclusion of fugitive emissions in determining the applicability of these rules. In their December 2002 NSR Improvement rules, U.S. EPA had included changes that required fugitive emissions to be included in determining the applicability of the PSD and NNSR rules for all types of sources that were being modified. This created a disparity between treatment of sources that were being modified versus new sources, where inclusion of fugitive emissions was only required for certain source types designated through rulemaking. U.S. EPA received a petition to remove this disparity. The December 2008 rule changes limit the inclusion of fugitive emissions in determining NSR applicability only to those source types designated through rulemaking.
For more information, see the Federal Register notice or contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.
On December 18, 2008, U.S. EPA Administrator Stephen Johnson issued an interpretive memorandum containing the agency's definitive interpretation of “regulated pollutant” under the Prevention of Significant Deterioration (PSD) program. The intent and effect of this memo is to state that U.S. EPA regulations do not require U.S. EPA or the states to consider CO2 emissions in issuing permits under the PSD program. The memo is in response to a November 13 ruling by the U.S. EPA’s Environmental Appeals Board (EAB) remanding a PSD permit for a coal-fired power plant in Utah (see the December 2008 e-Newsletter). Notice of availability of the memo was published in the Federal Register on December 31, 2008.
For more information, see the Federal Register notice or contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.
On December 22, 2008, the U.S. EPA announced the designation of all or portions of 211 counties in 25 states as failing to attain the air quality standard for fine particulate matter (formally known as the 24-hour National Ambient Air Quality Standards (NAAQS) for PM2.5). States with the most counties recommended for nonattainment status were California, Illinois, Indiana, Michigan, New York, New Jersey, Ohio, Pennsylvania, and West Virginia, according to U.S. EPA data.
The 24-hour standard was significantly tightened in October 2006. Because the NAAQS revision in 2006 did not change the annual standard, no new nonattainment areas were designated for the annual standard. Many of the 211 counties were previously designated nonattainment for PM2.5 under the pre-2006 standards.
In December 2007, states nominated counties or portions of counties that are not meeting the standard based on the three most recent years of air monitoring data. The effective date for the designation of new nonattainment areas is 90 days from publication in the Federal Register (i.e., in April 2009).
The most immediate impact of the designations will be on new source review (NSR) requirements in the nonattainment areas not previously designated nonattainment for PM2.5. Nonattainment NSR requirements (see the June 2008 e-Newsletter) will become applicable in such areas in April 2009.
For more information, contact EQ’s Jeff Slayback at (800) 229-7495 or Kent Berry at (800) 229-5299.
On December 23, 2008, a federal appeals court reversed its decision vacating the Clean Air Interstate Rule (CAIR), an emissions trading rule for power plants, and remanded it to the U.S. EPA for correction.
The U.S. Court of Appeals for the District of Columbia Circuit reversed its July 11, 2008 decision vacating CAIR after the lawsuit's plaintiffs, including North Carolina and Duke Energy, as well as U.S. EPA, asked that the decision be overturned and the rule remanded for correction. The court did not set a deadline for U.S. EPA to issue its correction, a task that will be handled by the incoming Obama administration.
CAIR will remain in effect until the new rule is promulgated. The rule requires power plants to achieve nitrogen dioxide emissions reductions starting Jan. 1, 2009.
The three-judge panel from the court unanimously overturned CAIR, saying the agency's method for allocating emissions allowances for upwind states and its interpretation of protections for downwind states violated the Clean Air Act.
For more information,contact EQ’s Jeff Slayback at (800) 229-7495.
The U.S. EPA is working to launch a voluntary data collection program for inorganic chemicals produced in high volumes by late 2009 and is expected to propose “clusters” of inorganic chemicals for which it will seek information by late summer of 2009.
Called the Inorganic High Production Volume (IHPV) program, it will aim to obtain basic toxicity, environmental fate, and physical-chemical information about chemicals made in volumes of 1 million pounds or more. The U.S. EPA estimates there were 446 inorganic chemicals produced at high production volume in 2005.
The IHPV program will build upon lessons learned from the agency’s High Production Volume Challenge (HPV). Under that program, U.S. EPA has been collecting basic environmental fate, health, and safety information on some 2,200 HPV organic chemicals.
The agency will discuss the methodology it will use to propose the inorganic clusters at a workshop to be held in fall 2009, and then ask companies to volunteer to provide specific data on them. Companies that volunteer to provide the data are called sponsors, and chemicals that are not sponsored are called orphans.
U.S. EPA intends to make use of its authority under Section 4 of the Toxic Substances Control Act (TSCA) to mandate that tests be conducted on orphaned inorganic chemicals.
For more information, contact EQ’s Tom Robertson at (800) 229-5299.
On December 22, 2008, the Ohio EPA published a final rule amending the date for coal-fired power plants to submit operation and quarterly reports for their mercury monitoring programs. Plants now have until January 1, 2011 to submit these reports. The delay will allow time for appeals of a recent federal court decision to run their course and for the U.S. EPA to make final decisions regarding the Clean Air Mercury Rule. The rule is effective Dec. 26, 2008. The previous rule required submittal by January 1, 2009.
For more information, contact Lee Burkleca, Ohio EPA Division of Air Pollution Control at (614) 644-3020 or contact EQ’s Jeff Slayback at (800) 229-7495.
On December 15, 2008, President-Elect Barack Obama named key members of the new administration’s environmental and energy policy team. Lisa Jackson was named to head the U.S. EPA. Ms. Jackson is a chemical engineer and the former head of the New Jersey Department of Environmental Protection and is a strong proponent of greenhouse gas standards for automobiles and industry. Dr. Steven Chu was named as the nominee for the Secretary of the Department of Energy. Dr. Chu is a Nobel laureate and currently the director of the Lawrence Berkeley National Laboratory and has advocated energy conservation and an aggressive scientific approach to affecting climate change. Carol Browner was named White House energy and climate change czar and will be responsible for coordinating the new administration’s policy and regulatory efforts in these areas. Ms. Browner was formerly the Administrator of the U.S. EPA during the Clinton Administration and is an outspoken supporter of greenhouse gas regulations and climate change legislation.
The top 10 most frequently cited OSHA standards in fiscal year 2008 (October 2007 through September 2008) included:
For more information, visit the OSHA website.
Most Americans believe that global climate change is occurring, and think that all levels of government should be involved, according to a national public opinion poll on climate change.
The poll was conducted in September 2008 and presented as part of the National Conference on Climate Governance, hosted by the University of Virginia on December 11, 2008.
Survey results are based on a random sample of adults ages 18 and older who reside in the United States. In addition to a national sample of 603 Americans (+/-4%), samples of at least 300 residents were conducted in four states: California, Pennsylvania, Virginia, and Mississippi (+/-6%).
Findings from the survey include:
For more information, see the Report of the Virginia Climate Survey.
On December 31, 2008, the Clean Ohio Fund announced efficiency improvements and modifications to its brownfields revitalization programs, including:
For more information, visit the Clean Ohio Fund website.
The Certification Board of the American Society for Quality announced on December 15, 2008, that long-time EQ employee Jackie Doan had completed the requirements to be named an ASQ-Certified Quality Auditor (ASQ CQA). As such, Ms. Doan has reached a significant level of professional recognition, indicating a proficiency in and a comprehension of quality auditing tools and techniques. Individuals who earn this certification are allowed to use “ASQ CQA” on their business cards and professional correspondence.
For more information, contact EQ’s Jackie Doan at (800) 229-7495.
Being green when it’s cold outside isn’t as difficult as you think. Here are a few tips on greening your home in the winter months without busting your budget:
Insulate Your Water Heater
Did you know that wrapping a water heater with insulation can save as much as 45% of lost heat? (Source: U.S. Department of Energy)
Whether you have a gas or electric water heater, you can purchase an insulation kit for about $20 at most hardware stores. Depending on the model of your appliance, there might be pre-fitted kits available. Insulating your water heater saves about 4% – 9% of your energy costs. That means the insulation kit pays for itself in about a year. Visit this U.S. Department of Energy webpage for instructions on how to insulate your electric water heater and start saving some green while being green!
Insulate Your Water Pipes
Insulating your hot water pipes reduces heat loss and can raise water temperature 2ºF–4ºF hotter than uninsulated pipe, allowing for a lower water temperature setting. They also help to prevent freezing of water pipes in winter. When properly installed, insulation will hold a hot water pipe's heat for up to an hour after the tap was last used, thus stretching your energy dollar and saving water. Check out this U.S. Department of Energy webpage for more details.
Cover and Seal
Heat loss to windows and doors represents a significant portion of most heating bills. Check throughout your home to identify problem areas that need immediate attention.
An easy and inexpensive way to weatherize windows is to apply a clear film to the inside window trim. Window film kits can be found at most hardware stores. Also, remove and replace damaged caulk and weather-stripping. Self-stick foam and rolled rubber weather-stripping are easy to install, and can contribute greatly to your home's efficiency.
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
Bob McCullough or Laurie Buckman, or call (800) 229-7495.
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