EPA Proposes to Revoke New Source Review Final Rule

April 05, 2010

 

 

EPA is concerned that the changes made last year to its aggregation policy would make the agency’s New Source Review permitting program less effective, allowing facilities to increase emissions that may impact air quality without a thorough review.

The new proposal responds to a petition to reconsider the 2009 rule. The 2009 rule directed facilities and permitting authorities to combine emissions from construction projects only when the changes are substantially related, such as having more in common than the timing of construction.

EPA is proposing to go back to its original policy, which required combining projects based on a broader range of factors. This would ensure that potential emissions increases that could harm air quality do not avoid review and the installation of state-of-the-art pollution controls.

New Source Review is a pre-construction permitting program to ensure air quality is maintained when factories, industrial boilers, and power plants are built or modified. The program ensures that state-of-the art emission control technology is installed at new plants or existing plants that are undergoing a major modification.

EPA also is proposing to extend the effective date of the 2009 aggregation rule for an additional six months, to give the agency time to complete the reconsideration. The agency will take comment on the proposal rule for 30 days after it is published in the Federal Register.

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DOT, EPA Set Aggressive Fuel Economy and GHG Standards for Cars and Trucks

 The rules could potentially save the average buyer of a 2016 model year car $3,000 over the life of the vehicle and, nationally, will conserve about 1.8 billion barrels of oil and reduce nearly a billion tons of GHG emissions over the lives of the vehicles covered.

This action is one important step in fulfilling the Obama Administration’s commitment to moving towards a clean energy, climate friendly economy.

“These historic new standards set ambitious, but achievable, fuel economy requirements for the automotive industry that will also encourage new and emerging technologies,” said Transportation Secretary Ray LaHood. “We will be helping American motorists save money at the pump, while putting less pollution in the air.”

“This is a significant step towards cleaner air and energy efficiency, and an important example of how our economic and environmental priorities go hand-in-hand,” said EPA Administrator Lisa P. Jackson. “By working together with industry and capitalizing on our capacity for innovation, we've developed a clean cars program that is a win for automakers and drivers, a win for innovators and entrepreneurs, and a win for our planet.”

DOT and EPA received more than 130,000 public comments on the September 2009 proposed rules, with overwhelming support for the strong national policy. Manufacturers will be able to build a single, light-duty national fleet that satisfies all federal requirements as well as the standards of California and other states. The collaboration of federal agencies also allows for clearer rules for all automakers, instead of three standards (i.e., DOT, EPA, and a state standard).

The final rules, issued by DOT’s National Highway Traffic Safety Administration (NHTSA) and EPA, establish increasingly stringent fuel economy standards under NHTSA’s Corporate Average Fuel Economy program and GHG emission standards under the CAA for 2012 through 2016 model-year vehicles.

Starting with 2012 model year vehicles, the rules together require automakers to improve fleet-wide fuel economy and reduce fleet-wide GHG emissions by approximately 5% every year. NHTSA has established fuel economy standards that strengthen each year reaching an estimated 34.1 mpg for the combined industry-wide fleet for model year 2016.

Because credits for air-conditioning improvements can be used to meet the EPA standards, but not the NHTSA standards, the EPA standards require that by the 2016 model-year, manufacturers must achieve a combined average vehicle emission level of 250 grams of carbon dioxide per mile. The EPA standard would be equivalent to 35.5 mpg if all reductions came from fuel economy improvements.

Specifically, the new National Program:

  • Reduces carbon dioxide emissions by about 960 million metric tons over the lifetime of the vehicles regulated, equivalent to taking 50 million cars and light trucks off the road in 2030
  • Conserves about 1.8 billion barrels of oil over the lifetime of the vehicles regulated
  • Enables the average car buyer of a 2016 model year vehicle to enjoy a net savings of $3,000 over the lifetime of the vehicle, as upfront technology costs are offset by lower fuel costs

“We are delivering on our mission and President Obama’s call for a strong and coordinated national policy for fuel economy and greenhouse gas emission standards for motor vehicles, and we will do so in a way that does not compromise safety,” said NHTSA Administrator David Strickland.

“These are the first national standards ever to address climate change,” said EPA Assistant Administrator for Air and Radiation Gina McCarthy. “Over the coming years, America will witness an amazing leap forward in vehicle technologies, delivering fuel efficiency that will save us money and protect the environment.”

The joint final regulation achieves the goal set by President Obama to develop a National Program to establish federal standards that meet the needs of the states and the nation as a whole to conserve energy and reduce GHG emissions. President Obama first announced the effort last May with a broad coalition of automakers, the United Auto Workers, States, and the environmental community.

NHTSA and EPA expect automobile manufacturers will meet these standards by more widespread adoption of conventional technologies that are already in commercial use, such as more efficient engines, transmissions, tires, aerodynamics, and materials, as well as improvements in air conditioning systems. Although the standards can be met with conventional technologies, EPA and NHTSA also expect that some manufacturers may choose to pursue more advanced fuel-saving technologies like hybrid vehicles clean diesel engines, plug-in hybrid electric vehicles, and electric vehicles.

In conjunction with the United States, Canada is also announcing Light Duty Vehicle GHG-Emissions regulations. EPA and NHTSA have worked closely with Environment Canada to ensure a common North American approach.

Climate change is the single greatest long-term global environmental challenge. Cars, SUVs, minivans, and pickup trucks are responsible for almost 60% of all U.S. transportation-related GHG emissions.

EPA Announces Phase-in of Permitting for Greenhouse Gases

EPA has pledged to take sensible steps to address the billions of tons of GHG pollution, and is providing time for large industrial facilities and state governments to put in place cost-effective, innovative technologies to control and reduce carbon pollution. The announcement is the first step in EPA’s phased in approach to addressing GHG emissions laid out by Administrator Lisa P. Jackson earlier this month.

“This is a common sense plan for phasing in the protections of the Clean Air Act. It gives large facilities the time they need to innovate, governments the time to prepare to cut greenhouse gases and it ensures that we don’t push this problem off to our children and grandchildren,” said EPA Administrator Jackson. “With a clear process in place, it’s now time for American innovators and entrepreneurs to go to work and lead us into the clean energy economy of the future.”

The agency’s action determines that CAA construction and operating permit requirements for the largest emitting facilities will begin when the first national rule controlling GHGs takes effect. If finalized as proposed, the rule limiting GHG emissions for cars and light trucks would trigger these requirements in January 2011—the earliest model year 2012 vehicles meeting the standards can be sold in the United States. The agency expects to issue final vehicle GHG standards shortly.

The agency will make a decision later this spring on the amount of GHGs facilities can emit before having to include limits for these emissions in their permits.

This action is the final step in EPA’s reconsideration of the December 18, 2008 memorandum entitled “EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.” The final action clarifies when GHGs and other pollutants are covered under CAA permitting programs.

DOE Orders AeroSys to Halt Distribution of Inefficient Air Conditioner and Heat Pumps

Department of Energy (DOE) has announced it is requiring AeroSys, Inc., to stop distributing two product models—one air conditioner and one heat pump—that DOE testing found to consume more energy than allowed under federal efficiency standards. This is the latest step in the Department’s investigation into whether AeroSys has been selling products in the U.S. that violate minimum appliance efficiency standards. This is the first time that the DOE has told a company or manufacturer that it must halt the distribution of products that fail to meet minimum conservation standards.

“This action is designed to send a clear message to all manufacturers—this Administration takes energy efficiency seriously and we will act aggressively to remove any products from the market that are violating national appliance standards,” said DOE General Counsel Scott Blake Harris. “We will continue to take the steps necessary to protect American consumers and the environment from wasteful and inefficient appliances.”

The Department subpoenaed AeroSys’s data on the energy use for certain heat pumps and air conditioners last year, before beginning independent testing on 7 product models in the fall (6 air conditioner models and one heat pump).

Based on the test data, DOE has determined that the AeroSys heat pump (THHP-24T*) and one of the air conditioners (THDC-30T*) consume more energy than allowed under federal law, while another air conditioner (THDC-24T*) was shown to meet the federal standards. The non-compliant air conditioner fell below the minimum standard of 10.9 SEER by about 8%, while the heat pump fell below by about 4%. Testing is continuing on 4 additional air conditioner models (THDC-18R*, THDC-18S*, THDC-18T* and THDC-24S*) and will be complete over the next month. Once testing is complete, DOE will determine the compliance of the remaining 4 models and take additional actions as appropriate.

 The company is also required to provide written notification to all businesses where the products were distributed, alerting them that the products consume more energy than allowed by law. If the company fails to respond or effectively explain how these products will be removed from the market, the DOE will seek a judicial order to prevent their sale.

New Stringent Appliance Standards for Home Water Heaters and Other Heating Products

 These new standards—for residential water heaters, pool heaters, and direct heating equipment such as gas fireplaces—will reduce air pollution, prevent the release of harmful nitrogen oxides and mercury, and avoid emissions equivalent to taking 46 million cars off the road for one year.

“These energy-conserving appliance standards are a critical part of the Administration’s overall efforts to save energy in homes and businesses nationwide,” said Secretary Chu. “By raising the energy efficiency requirements of our everyday appliances, we will save money for American families and companies, reduce carbon pollution, and enhance our energy security for decades to come.”

The standards released on Wednesday increase the stringency of the existing minimum conservation standards for these three types of residential heating products, which account for about 18% of energy use in homes across the country. The standards will significantly reduce energy consumption by these products, including decreasing energy use in large electric storage water heaters by 47% and by more than 30% in large gas water heaters. The standards for water heaters will go into effect in 2015, while the standards for pool heaters and direct heating equipment—including gas-fired wall, floor and hearth heaters—will apply to products manufactured in 2013 and beyond.

Under the Obama Administration, the DOE has accelerated the pace for finalizing new appliance standards and has placed new resources and emphasis behind the enforcement of these important standards. Since President Obama came to office, DOE has issued or codified new efficiency standards for more than twenty different products, which will save consumers between $250 and $300 billion on their energy bills through 2030:

  • March 2009 – 14 consumer and commercial products with standards prescribed in the Energy Independence and Security Act of 2007 (EISA 2007), including dishwashers, general service incandescent lamps, and residential clothes washers
  • April 2009 – Microwaves, kitchen ranges, and ovens
  • July 2009 – General service fluorescent lamps and incandescent reflector lamps
  • July 2009 – Commercial heating, air-conditioning, and water-heating equipment
  • August 2009 – Beverage vending machines
  • December 2009 – Commercial clothes washers
  • February 2010 – Small electric motors
  • March 2010 – Residential water heaters, direct heating equipment, and pool heaters

To ensure that the appliance standards are as effective as possible, DOE will continue to work aggressively and consistently to enforce energy efficiency standards across the country.

Builder for Fined for Stormwater Pollution at New Jersey Construction Site

EPA fined a New Jersey development company for its failure to properly control stormwater that ran off the site of the company’s development in Rahway, New Jersey.  The company, Landmark at Rahway, LLC, has agreed to pay fines totaling $85,000 for stormwater management violations at the Park Square site in Rahway. The company has since corrected the violations.

The rate at which water carries soil and contaminants off of construction sites is typically 10 to 20 times greater than that from agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. Soil and pollutants carried by uncontrolled stormwater runoff can cause physical and biological harm to waterways.

“Regulations for managing stormwater at a construction site are clear and cost effective. It is troubling to witness violations like the ones at Landmark at Rahway’s site,” said EPA Regional Administrator Judith Enck. “Improper management of stormwater can have serious environmental consequences for our harbors, rivers, lakes and streams, and the violations at the Park Square site in Rahway compromised surrounding waterways.”

Landmark at Rahway, LLC, failed to develop a stormwater pollution prevention plan and, as a result, did not implement and maintain necessary stormwater pollution controls and best management practices. The company also failed to conduct and document weekly site inspections. Establishing and adhering to a stormwater pollution prevention plan is required by the New Jersey Pollutant Discharge Elimination System and the National Pollutant Discharge Elimination System programs for construction sites larger than one acre. Stormwater pollution prevention plans include strategies to control runoff, methods to dispose of construction waste and descriptions of construction activities. Routine inspections, requirements of federal and state law, are meant to assure that a site is properly managing stormwater runoff and fully implementing its stormwater pollution prevention plan.

Following an EPA inspection, EPA issued an administrative order in December 2008, providing Landmark an opportunity to correct the violations at the 2.5 acre development site in Rahway. A follow-up inspection by EPA in March 2009 found that most of the violations had not been corrected. As a result, EPA sought a penalty later in 2009, and settlement negotiations yielded a cash penalty of $85,000.

$32,550 Penalty for Diesel Emissions Violations

The California Air Resources Board (ARB) has come to terms with a West Sacramento, California, produce company for $32,550 for failing to submit its transport refrigeration unit (TRU) facility report.

ARB investigators found that NorCal Produce did not submit the required facility report by the 2006 deadline, as required by the TRU air toxic control measure.

“California is leading the way on air quality,” said ARB Enforcement Chief James Ryden. “By monitoring diesel emissions the state can set an example for the nation.”

Under the penalty, NorCal Produce must:

  • Ensure that staff responsible for compliance with the diesel truck emission inspection program attend diesel education courses and provide certificates of completion within one year;
  • Instruct vehicle operators to comply with the state’s idling regulations;
  • Complete heavy-duty diesel engine software and control technology upgrades in compliance with regulations;
  • Supply all smoke inspection records to ARB for the next four years; and
  • Properly label engines to ensure compliance with the engine emissions certification program regulations.

The California Air Pollution Control Fund, established to mitigate various sources of pollution through education and the advancement and use of cleaner technology, will receive $24,113, and the remaining $8,137 will go to the Peralta Community College District to fund diesel education classes around the state.

Failure to inspect diesel vehicles can lead to an increase in harmful airborne particles that Californians breathe. In 1998, the ARB listed diesel particulate matter as a toxic air contaminant in order to protect public health. Exposure to diesel emissions can increase the risk of asthma, bronchitis and other respiratory diseases, and contribute to premature death.

Two Shell Chemical Companies Agree to Reduce Harmful Emissions under Comprehensive CAA Settlements

Shell Chemical L.P. and Shell Chemical Yabucoa have agreed to install pollution reduction equipment on two petroleum refining facilities at an estimated cost of $6 million as part of two comprehensive CAA settlements, EPA and the Justice Department have announced. The two companies will also pay a combined $3.3 million civil penalty to the United States as well as to Alabama and Louisiana, and $200,000 to Louisiana organizations for environmental education and emergency operations.

 

“These settlements demonstrate EPA’s continuing commitment to increase compliance and reduce emissions from this industrial sector,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “As a result of today’s actions, the communities living nearby these refineries can look forward to cleaner, healthier air.”

“These two settlements are excellent examples of businesses working with government to achieve compliance at their facilities around the country, which will benefit the health of local communities and the environment,” said Ignacia S. Moreno, Environment and Natural Resource Division Assistant Attorney General. “We will continue to work with industry to achieve compliance under the Clean Air Act to remove harmful pollution from the air we breathe.”

Shell Chemical Yabucoa operates a facility in Yabucoa, Puerto Rico. For independent business reasons, Shell Chemical Yabucoa decided to shut down its refining operations at the facility in Puerto Rico in the summer of 2009. The company still continues to operate the existing gasoline terminal there. Collectively the three facilities had a combined production capacity of approximately 235,000 barrels per day.

The two refineries in Alabama and Louisiana, and the terminal operations in Puerto Rico will upgrade their leak-detection and repair practices to reduce harmful emissions from pumps and valves, implement programs to minimize the number and severity of flaring events and adopt new strategies for ensuring continued compliance with benzene waste requirements under the CAA.

Together, both settlements will reduce air emissions of sulfur dioxide (SO2), nitrogen oxides (NOx), and other harmful pollutants by more than 1,450 tons per year.

The annual emission reductions from all three refineries, including the emissions associated with the shutdown at Yabucoa, are estimated to be approximately 645 tons of SO2 and approximately 813 tons of NOx, as well as additional reductions of volatile organic compounds and benzene.

The settlements are the 25th and 26th in a series of “global” multi-issue, multi-facility settlements being pursued by EPA under its National Petroleum Refinery Initiative. With these settlements, 102 refineries operating in 30 states and territories are now covered by global settlements, representing more than 89% of the nation’s refining capacity.

The states of Alabama and Louisiana actively participated in and are joining in the settlement with Shell Chemical, which was filed with the U.S. District Court for the Southern District of Texas. The settlement with Shell Chemical Yabucoa was filed with the U.S. District Court for the District of Puerto Rico. Each settlement is subject to a 30-day public comment period and approval by the federal court.

Saint Gobain Containers Assessed $7,232 Penalty for Violating Environmental Requirements

Saint Gobain Containers, Inc., of Milford, Massachusetts, has been assessed a $7,232 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating state hazardous waste management, industrial wastewater, and toxics use reduction regulations.

During a targeted inspection conducted in January 2009, MassDEP personnel determined the company had failed to apply for and obtain a MassDEP-issued sewer connection permit, and failed to comply with numerous Hazardous Waste Management and Toxics Use Reduction requirements.

In a consent order, Saint Gobain agreed to comply with all applicable regulations, pay $1,808 of the assessed penalty, and to perform a Supplemental Environmental Project (SEP) valued at an additional $5,424. The SEP will involve the purchase of emergency equipment for the Milford Police Department to help address large-scale emergencies requiring the re-routing of traffic or the establishment of an emergency management control point.

“Large dischargers of wastewater to municipal sewer systems are required to get sewer connection permits,” said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. “The Supplemental Environmental Project will help the town better respond to a variety of emergency situations.”

OEPA Issues Fine for Treating Hazardous Waste in Burn Barrel

Cardinal Bus Sales and Service Inc., will pay a $17,000 civil penalty to Ohio EPA for hazardous waste management violations at its Lima commercial bus sales and service facility. The company will also close an area where it was disposing of hazardous waste without a permit.

During an inspection on August 7, 2009, Ohio EPA found the following violations:

  • Treating and disposing of hazardous waste without a permit by burning spent paint and solvent waste from the painting operations in a burn barrel at the back of the property causing hazardous waste to be emitted to the air;
  • Causing the illegal transportation of hazardous waste ash to a solid waste landfill;
  • Failing to label containers of used oil; and
  • Failing to determine if used fluorescent lamps were hazardous before disposing of them.

The used oil and fluorescent lamp violations have been corrected. The settlement requires Cardinal Bus to submit a closure plan and cost estimate to evaluate and do any necessary cleanup of the area where hazardous waste was burned. Once Ohio EPA approves the closure plan and cost estimate, the company will have to implement the plan and certify its completion.

Cardinal Bus will pay $13,600 to Ohio EPA’s hazardous waste cleanup fund. The remaining $3,400 penalty will be paid to Ohio EPA’s Clean Diesel School Bus Fund.

Plastic Electronics Could Cut Cost of Solar Panels

A new technique developed by Princeton University engineers for producing electricity-conducting plastics could dramatically lower the cost of manufacturing solar panels. A multi-institutional team reported on its new technique in a paper published online March 8 in the Proceedings of the National Academy of Sciences.

With mounting concerns about global warming and energy demand, plastics could represent a low-cost alternative to indium tin oxide (ITO), an expensive conducting material currently used in solar panels, according to the researchers. By overcoming technical hurdles to producing plastics that are translucent, malleable and able to conduct electricity, the researchers have opened the door to broader use of the materials in a wide range of electrical devices.

“Conductive polymers [plastics] have been around for a long time, but processing them to make something useful degraded their ability to conduct electricity,” said Yueh-Lin Loo, an associate professor of chemical engineering, who led the Princeton team. “We have figured out how to avoid this trade-off. We can shape the plastics into a useful form while maintaining high conductivity.”

The area of research, known as “organic electronics” because plastics are carbon-based like living creatures, holds promise for producing new types of electronic devices and new ways of manufacturing existing technologies, but has been hampered by the mysterious loss of conductivity associated with moldable plastics.

“People didn’t understand what was happening,” said Loo, who co-wrote the paper. “We discovered that in making the polymers moldable, their structures are trapped in a rigid form, which prevented electrical current from traveling through them.” Once they understood the underlying problem, Loo and her colleagues developed a way to relax the structure of the plastics by treating them with an acid after they were processed into the desired form.

Using the method, they were able to make a plastic transistor, a fundamental component of electronics that is used to amplify and switch electronic signals. They produced the electrodes of the transistor by printing the plastic onto a surface, a fast and cheap method similar to the way an ink-jet printer produces a pattern on a piece of paper.

Loo said the technique potentially could be scaled up for mass production presses akin to those used to print newspapers. “Being able to essentially paint on electronics is a big deal,” Loo said. “You could distribute the plastics in cartridges the way printer ink is sold, and you wouldn’t need exotic machines to print the patterns.” By allowing plastic solar cells to be manufactured using low-cost printing techniques and by replacing ITO as the primary conducting material, the plastics the team developed hold potential for lowering the cost of solar panels.

Currently, the electricity generated by plastic solar cells is collected by a transparent metal conductor made of ITO. The conductor must be transparent so that sunlight can pass through it to the materials in solar cells that absorb the light energy.

A rare and pricey byproduct of mining, ITO had come under increasing demand for use in flat-screen televisions, mobile phones and other devices with display screens. “The cost of indium tin oxide is skyrocketing,” Loo said. “To bring down the costs of plastic solar cells, we need to find a replacement for ITO. Our conducting plastics allow sunlight to pass through them, making them a viable alternative.”

The researchers anticipate that the plastics also could replace expensive metals used in other electronic devices, such as flexible displays. In addition, the scientists are beginning to explore the use of the plastics in biomedical sensors that would display a certain color if a person had an infection. For instance, the plastics turn from yellow to green when exposed to nitric oxide, a chemical compound produced during ear infections in children.

If the devices could be produced at a low cost, they might be useful in developing countries that lack advanced medical facilities. “You wouldn’t need any fancy machines or lab equipment to diagnose an infection,” Loo said, “all you would need is your eyes to see the color change in the plastics.”

Report Describes Fuel Economy Options for Tractor-Trailers and Other Vehicles

 The report also recommends approaches that federal agencies could use to regulate these vehicles' fuel consumption. Currently there are no fuel consumption standards for such vehicles, which account for about 26% of the transportation fuel used in the U.S.

“The choices that will be made over the course of the next few years will establish the regulatory design for medium- and heavy-duty vehicle fuel consumption standards for the next several decades,” said Andrew Brown Jr., chair of the committee that wrote the report, and executive director and chief technologist at Delphi Corp., in Troy, Michigan.

In 2007 for the first time in history, Congress passed legislation requiring the U.S. DOT to establish fuel economy standards for medium- and heavy-duty vehicles. The National Highway Traffic Safety Administration (NHTSA) asked the National Research Council to recommend the best ways to measure and regulate fuel economy for these vehicles, and assess technologies that could improve it.

The committee estimated the improvements that various technologies could achieve over the next decade in seven vehicle types. For example, using advanced diesel engines in tractor-trailers could lower their fuel consumption by up to 20% by 2020, and improved aerodynamics could yield an 11% reduction. Hybrid powertrains could lower the fuel consumption of vehicles that stop frequently, such as garbage trucks and transit buses, by as much 35% in the same time frame. While the cost of making these improvements would be passed on to vehicle purchasers, the report notes that many of these suites of technologies would pay for themselves even at today’s energy prices, under the committee’s assumptions.

The report also estimates the costs and maximum fuel savings that could be achieved for each type of vehicle by 2020 if a combination of technologies were used. The best cost-benefit ratio was offered by tractor-trailers, whose fuel use could be cut by about 50% for about $84,600 per truck; the improvements would be cost-effective over ten years provided gas prices are at least $1.10 per gallon. The fuel use of motor coaches could be lowered by 32% for an estimated $36,350 per bus, which would be cost-effective if the price of fuel is $1.70 per gallon or higher. For other vehicle classes, the financial investments in making improvements would be cost-effective at higher prices of fuel.

In setting fuel consumption standards, regulators should use a measure that accounts for the amount of freight or passengers carried by these vehicles, the report says. The mpg measure used to regulate the fuel economy of passenger cars (light-duty vehicles) is not appropriate for medium- and heavy-duty vehicles, which are designed above all to carry loads efficiently, the report says. For example, a partially loaded tractor-trailer could travel more mpg than a fully loaded one, but this would not be an accurate measure of the fuel efficiency of moving goods.

Instead, any regulation of medium- and heavy-duty vehicles should use a metric that reflects the efficiency with which a vehicle moves goods or passengers, such as gallons per ton-mile, a unit that reflects the amount of fuel a vehicle would use to carry a ton of goods one mile. This is called load-specific fuel consumption (LSFC).

The report does not recommend a specific numerical standard because NHTSA will need to establish standards tied to the task associated with a particular type of vehicle; garbage trucks might be held to a different standard than transit buses, for example. NHTSA should base its regulations on national data on the average payload carried by each type of vehicle. The agency should regulate the final-stage vehicle manufacturers rather than component makers, as the former has the greatest control over the vehicle's design, the report adds. “Our committee also recommends that NHTSA conduct a pilot program to ‘test drive’ the certification process and validate the regulatory framework,” said Brown.

While regulating medium- and heavy-duty vehicles will be more complicated than it is for passenger cars because of the variety of vehicles and their differing tasks and terrains, the barriers are not insurmountable, the report says. Japan regulates the fuel economy of these vehicles, and both the European Union and the state of California are developing standards.



However, one way to avoid the complexity of regulating different types of vehicles would be to impose a fuel tax, which would induce firms to optimize the fuel-efficiency of their operations. The report urges Congress to consider this approach. Another alternative approach—applying a cap-and-trade system to trucking companies similar to the one that Congress is considering as a way to lower CO2 emissions—would similarly provide these companies with an incentive to adopt fuel-saving technologies and operational methods.

The report recommends nontechnical methods NHTSA could use to lower fuel consumption, including providing incentives to train vehicle operators in efficient driving techniques, which can result in fuel savings of anywhere from 2% to 17%. One approach could be to establish a process to train and certify drivers in these techniques as part of commercial driver license certification.

Workshop on California Consumer Products Regulations

The staff of the California Air Resources Board (ARB) is conducting a workshop to discuss proposed amendments to California’s consumer products regulations. You may attend the public workshop in person or participate via teleconference. The workshop will be held on Tuesday, April 13, 2010, beginning at 9:00 a.m. (PDT), at 1927 13th Street, Sacramento, California, 95812. The information to participate via teleconference is included on the workshop notice.

At this workshop, ARB will discuss staff’s proposed new or modified definitions, other regulatory language modifications, proposed new or modified volatile organic compound limits, proposed limitations on use of specific toxic compounds, and proposed changes to ARB Test Method 310. ARB will also discuss potential mitigation measures to ensure GHG emissions do not increase as a result of a reformulation. In addition, the ARB will present product labeling concepts for discussion.

 

EPA Fines Handy Fertilizer for RMP Violations

EPA Region 5 recently settled an administrative case involving hazardous chemical release reporting violations at Handy Fertilizer Inc. Handy Fertilizer failed to provide immediate notification to the National Response Center (NRC) of a 4,096 lb release of anhydrous ammonia on September 23, 2008 at its plant in Millstadt, Illinois. The company also failed to update the accident history as required by its Risk Management Plan (RMP). Handy Fertilizer paid a $5,500 penalty and has installed a $22,855 site security system to resolve EPA’s enforcement action.

Criminals stealing anhydrous ammonia for illegal methamphetamine production caused the release. About 200 people were evacuated and three were taken to a hospital for evaluation as a result of the release. Crops in nearby fields were affected and some cattle were treated by a veterinarian. Locks have since been installed on all nurse tanks.

Anhydrous ammonia is commonly used in the manufacture of fertilizer and causes burns to the skin and irritation to the eyes, nose, and throat. It may be fatal if inhaled for long periods of time.

Federal law requires immediate notification of the NRC for anhydrous ammonia releases above 100 pounds. The NRC activates the appropriate response authorities. Responders need to know what they’re dealing with so they can take steps to protect people living and working in the area. Federal law also requires that RMPs be updated within six months of an accident with off-site consequences.

National Cell Phone Recycling Week

This joint effort with the EPA’s Plug-In to eCycling program and leading cell phone manufacturers, retailers, and wireless service providers will increase awareness about the importance of cell phone recycling to save energy and conserve natural resources.

“Every recycled cell phone makes a difference,” said Maria Vickers, acting director of EPA’s Office of Resource Conservation and Recovery (RCRA). “The energy saved by recycling even one cell phone is enough to power a laptop for 44 hours.”

EPA and its Plug-In partners, including AT&T, Best Buy, LG Electronics, RecycleBank, Samsung Mobile, Sprint, T-Mobile, and Verizon Wireless, are sponsoring promotional activities across the country to highlight the many easy opportunities to turn in phones for reuse and recycling and provide a call to action. If Americans recycled the approximately 130 million cell phones that are disposed of annually, enough energy would be saved to power more than 24,000 homes in a year. Currently, only about 10% of cell phones are recycled.

Reusing or recycling cell phones helps the environment by saving energy and conserving resources. Cell phones and personal digital assistants (PDAs) are made of precious metals, copper, and plastics. Recycling or reusing these devices conserves materials, prevents air and water pollution, and reduces GHG emissions that occur during manufacturing and processing. For every 1 million cell phones recycled, 75 lb of gold, 772 lb of silver, 33 lb of palladium, and 35,274 lb of copper can be recovered.

Donating working cell phones or PDAs can also have social benefits for communities. Many existing recycling programs donate cell phones that are in good working order to charities or provide them to the public for discounted sale.

Plug-In To eCycling works with companies to offer consumers more opportunities to donate or recycle their used electronics. Since the program began in 2003, Plug-In To eCycling partners have recycled more than 360 million pounds of electronics, including televisions, computers and cell phones.

Brian Karnofsky Jailed for Muscular Dystrophy, Jailers Blocked Bail Website

Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.

If you enjoy reading the Environmental Tip of the Week™, now is the time to help us give hope to kids and families that need our help. Brian’s jailers broke his website link, thinking that they could keep him in jail indefinitely. However, the website has been fixed. 

Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007, 2008, and 2009, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.

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Trivia Question of the Week

The top prize at the 2010 Green California Summit and Exposition was awarded to a project involving:
a. Onions to biogas
b. Digital green roof
c. Wind powered air conditioner
d. Tomato juice solvent