ENVIRONMENTAL COMPLIANCE

Proposed Rule Would Revise How Fugitive Emissions Are Addressed in NSR Permitting

On November 13, 2007 (72 FR 63850–63866), EPA proposed to revise the manner in which fugitive emissions are considered when deciding whether a proposed physical or operational change qualifies as a "major modification." The proposed rule would reverse existing agency policy, finalized in 1989, which specifies that fugitive emissions must be considered for all sources when deciding whether a physical or operational change is a major modification.

American Electric Power Agrees to Largest Enforcement Settlement Ever

On October 9, 2007, EPA and the U.S. Department of Justice (DOJ) announced the single largest environmental enforcement settlement ever, as measured in terms of injunctive relief (United States v. American Electric Power Service Corp., No. C2-99-1250 [S.D. Ohio]). In the settlement, American Electric Power agreed to reduce air pollutant emissions by 813,000 tons per year (tpy) at an estimated cost of more than $4.6 billion, pay a $15 million penalty, and spend $60 million on projects to mitigate the adverse effects of past excess emissions.

Hazardous Waste Combustor MACT—Comment Solicited on Legal Basis for Emission Standards

On March 13, 2007, the U.S. Court of Appeals for the District of Columbia Circuit vacated the maximum achievable control technology (MACT) standards for brick and ceramics kilns, which EPA had promulgated on May 16, 2003 (68 FR 26690) (Sierra Club v. EPA, No. 03-1202 [D.C. Cir. March 13, 2007]). On September 27, 2007 (72 FR 54875–54888), EPA solicited comment on its analysis of the impact of the court's ruling on the 2005 hazardous waste combustor MACT standards.

Revisions Proposed to SPCC Requirements

On October 15, 2007 (72 FR 58378–58445), EPA proposed new changes to the spill prevention, control, and countermeasures (SPCC) regulations to provide increased clarity, tailor requirements to particular industry sectors, and streamline certain requirements. Among other things, the proposed rule would exempt from SPCC requirements hot-mix asphalt, pesticide application equipment and related mix containers used at farms, and heating oil containers at single-family residences.

SUSTAINABLE DEVELOPMENT

Cheap Sunshine

John O'Donnell wants to slow climate change not with wind turbines or "clean" coal, but with mirrors—miles and miles of mirrors that would focus the rays of the sun onto pipes to heat water to run steam turbines. O’Donnell and other developers of a solar thermal plant in Australia believe they have solved the high-cost problem for solar power.

CLIMATE CHANGE

California Files Lawsuit Over Vehicle Emissions Delay

The state of California (USA) filed a lawsuit on 8 November 2007 against the US Environmental Protection Agency (EPA) for failing to act on the state's request for authority to regulate greenhouse gas emissions for cars and trucks sold in California. Under the federal Clean Air Act, California has the right to set its own vehicle emission standards that are stricter than federal standards, as long as it obtains a waiver from EPA.

CCH Environmental Compliance Portfolio

Gain a better understanding of environmental compliance issues and stay current with regulation changes

About this Newsletter

To access the CCH® Internet Research Network™ (IRN) full text documents you must be a subscriber to the CCH Environmental Compliance Portfolio IRN product (depending on the link*).

Links within news stories display full text documents including legislation, regulations, court decisions, rulings and government reports.

The first time you click on a link you will be taken to the IRN login page, where you will need to enter your ID and password. Subsequent links will take you directly to the desired document.

Internet Research Network™

If you aren't a subscriber call 800-449-9525.

CCH® is the leading provider of information covering Human Resources, Employment and Labor Benefits, Pensions, Payroll, Safety, and Workers Compensation. For more information about our products and services, go to http://hr.cch.com/ or call 800-449-9525. This newsletter is copyrighted by CCH® and may be redistributed only for non-commercial purposes and only in its entirety, specifically including the CCH®  headers, this paragraph and the CCH®  copyright line. No other redistribution or re-purposing, including but not limited to use on a web site, intranet or extranet, is permitted without prior written permission of CCH®.

To opt out of this newsletter or to make changes to your email preferences click here.

contactus@wolterskluwerlb.com