ENVIRONMENTAL COMPLIANCE

Boiler New Source Performance Standards Amended

In a June 13, 2007 final rule (72 FR 32710-32768), EPA revised the new source performance standards (NSPS) for electric utility steam generating units, and for industrial, commercial, and institutional steam generating units. The final rule amends specific provisions of 40 CFR Part 60, Subparts A, D, Da, Db, and Dc to resolve issues and questions raised after the standards were last revised on February 27, 2006 (71 FR 9866).

Expansion of RCRA Comparable Fuel Exclusion Proposed

On June 15, 2007 (72 FR 33284-33334), EPA proposed expanding the so-called RCRA comparable fuel exclusion. The proposed rule would establish solid waste exclusion conditions for a new category of hazardous waste-derived fuel called emission-comparable fuel (ECF). If finalized, the rule would affect 40 CFR Part 261.

U.S. Supreme Court Rules PRPs Can Seek Contribution Under CERCLA Section 107

In a June 11, 2007 decision, the U.S. Supreme Court ruled that CERCLA Section 107(a)(4)(B) allows a potentially responsible party (PRP) to recover costs from other PRPs. The applicability of Section 107(a) has been an undecided issue since the Court decided Cooper Industries, Inc. v. Aviall Services, Inc. (543 U.S. 157, 161 [2004]).

Requirements Suspended for Cooling Water Intake Structures at Phase II Facilities

On July 9, 2007 (72 FR 37107-37109), EPA suspended most of the requirements for cooling water intake structures at existing Phase II facilities in response to a recent decision by the U.S. Court of Appeals for the Second Circuit (Riverkeeper, Inc. v. EPA, 475 F.3d 83 [2d Cir. 2007]). However, the July 9, 2007 rule did not suspend §125.90(b), which requires that permitting authorities develop best professional judgment (BPJ) controls for existing facility cooling water intakes that reflect the best technology available (BTA) for minimizing adverse environmental impact.

SUSTAINABLE DEVELOPMENT

Energy Savings in the High Tech World

In the energy intensive world of high tech, especially as it relates to powering the "black hole" of the Internet, two unlikely individuals are striving to dramatically slow the growth of power consumption by the large computers on which the US economy has grown dependant in this electronic data sharing age.

CLIMATE CHANGE

Hot Air: What to Do

While businesses in all sectors are coming under the scrutiny of the climate change magnifying glass, aviation has been a particularly hot topic over the course of the last year. The proposed incorporation of the aviation sector into the European Union's (EU's) Emissions Trading Scheme (ETS) has received the most recent attention.

President Announces Climate Change Summit

August 6, 2007. President Bush announced plans to hold a climate change summit with major developed and developing countries on September 27–28. Secretary of State Condeleeza Rice will host the gathering, which was first proposed by the president at the G-8 summit on May 31. The meetings will serve to bring together the world's top greenhouse gas emitters and energy consumers, according to a White House summary of the summit. Each country will work to reach its emission goal by establishing individual "mid-term national targets and programs, based on national circumstances," according to a White House release. Invited participants include the member countries of the European Union, Japan, China, Canada, India, Brazil, South Korea, Mexico, Russia, Australia, Indonesia, South Africa, and the United Nations.

CCH Washington News.

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