|
Please
Visit Our
Corporate
Sponsors










Be
A Corporate Sponsor
(click to access)
EcoBizport
Home
Associations
Classifieds
Congress
e-Business
Education
& Training
Employment/Careers
EPA
Executive
Office
Federal
Courts
Federal
Regulations
Legal
Local
Area Data
Local
Government
Maps,
Weather, Geo
News
& Media
Other
Business
Politics
Products
& Services
Projects,
RFPs, RFQs
Reference
Desk
Research/Publications
Search
& Portals
Tradeshows/Meetings
State
Homepages
Illinois
Indiana
Michigan
Minnesota
Ohio
Other States
Issue Homepages
(click to access)
"It's the one
publication I read all the time."
-
Consultant
-
Visit Our Blog
for top-level daily posts
from the pages of WIMS Daily and eNewsUSA
(click
here).
"I find the material timely and helpful
and it frees up my time because I can rely on you to find the
current info."
- Attorney -


Reporting On
Great Lakes Protection
Issues

Great
Lakes Environment Blog
(click to access)
Reporting on all
U.S. Court of Appeals environmental decisions
All Circuits
Daily Environmental
Federal Register
Summaries
Daily U.S. EPA
Docket Report
We can save
you time & money
"Excellent source of
quick summaries (with correct amount of detail)... like the
links to more detailed info when needed."
- Mfg. Regulatory
Policy Manager -
" Terrific,
I am in awe of the content in the daily newsletter. How do you
find or get wired into all that stuff?"
- Attorney -
"Nice job.
Keep up
the good work."
- MDEQ Regulator -
Daily Michigan Legislation Reporting On Environmental Bills
Need More
Information or Details
(click here)
|
|
|
WIMS - Waste
Information & Management Services, Inc. - WIMS
Innovative Environmental Information Services Since 1980 |

(For Michigan Users) |

(For Non-Michigan Users) |
|
Daily Environmental Briefing Report
Monday, January 4, 2010
© 2010. Permission is
granted for Internal, Same-Office Distribution Only. |
SAMPLE ISSUE
Now you can try this highly acclaimed
publication at no charge for the next 30 days -- better yet; when
your trial is over you'll be able to afford to continue it --
WIMS Daily at $339/year ($289 Local Government Rate); and eNewsUSA $239/year!
30-days Free, No Obligation

Click here for your free trial
(ISO 14001 managers don't forget your Cert. No. or ID to get the
bonus REGTrak subscription)
or
Click here to see the latest 2007 Readership
Survey Results
In This Issue
--
NATIONAL/INTERNATIONAL NEWS --
EPA To Establish
First-Time “Chemicals Of Concern” List
Comments Wanted On Dioxin In Soil Cleanup "Goals"
EPA Enforcement Results & Interactive Map For FY2009
EPA To Develop Financial Assurance Requirements For 3 Sectors
New Rules On Hazardous Waste Imports & Exports
EPA Hearing On Nation’s Sulfur Dioxide (SO2) Standards
--
GREAT LAKES NEWS --
MI & MN Ask U.S. Supreme Court
To Stop Asian Carp
--
MICHIGAN NEWS --
Chester Resigns; Jim Sygo Named
Interim MDEQ Director
MDEQ Approves 930 MW Consumers Energy Coal-Fired Plant
Comments Wanted On MDEQ Draft Environmental Justice Plan
Appeals Court On Tax Exemptions & Landfill Industrial Process
Executive Order Will Consolidate MDMB & MDIT
Varnum Alert On Large Buildings
& New GHG Reporting Requirements
Michigan Legislative Tracking
(12/31)
National /
International News
EPA
To Establish First-Time “Chemicals Of Concern” List
- Dec 30: U.S. EPA announced a series of actions including
developing Chemical Action Plans (CAPs) on four chemicals
which they said raise serious health or environmental
concerns, including phthalates. For the first time, EPA
intends to establish a “Chemicals of Concern” list and is
beginning a process that "may lead to regulations requiring
significant risk reduction measures to protect human health
and the environment." EPA said the actions represent its
"determination to use its authority under the existing Toxic
Substances Control Act (TSCA) to the fullest extent
possible, recognizing EPA’s strong belief that the 1976 law
is both outdated and in need of reform."
In addition to phthalates, the chemicals EPA is addressing
are short-chain chlorinated paraffins; polybrominated
diphenyl ethers (PBDEs); and perfluorinated chemicals,
including PFOA. EPA said the chemicals are used in the
manufacture of a wide array of products and have raised a
range of health and environmental concerns. EPA also
recently announced that three U.S. companies agreed to phase
out DecaBDE, a widely used fire retardant chemical that may
potentially cause cancer and may impact brain function [See
WIMS 12/18/09].
Administrator Jackson said, “The American people are
understandably concerned about the chemicals making their
way into our products, our environment and our bodies. We
will continue to use our authority under existing law to
protect Americans from exposure to harmful chemicals and to
highlight chemicals we believe warrant concern. At the same
time, I will continue to fight for comprehensive reform of
the nation’s outdated chemical management laws that ensures
a full assessment of the safety of chemicals on the market
today and effective actions to reduce risks where chemicals
do not meet the safety standard. Chemical safety is an issue
of utmost importance, especially for children, and this will
remain a top priority for me and our agency going forward.”
On September 29, 2009, Jackson outlined a set of agency
principles to help inform legislative reform and announced
that EPA would act on a number of widely studied chemicals
that may pose threats to human health [See
WIMS 9/30/09]. EPA noted that when TSCA was passed
in 1976, there were 60,000 chemicals on the inventory of
existing chemicals. Since that time, EPA has only
successfully restricted or banned five existing chemicals
and has only required testing on another two hundred
existing chemicals. An additional 20,000 chemicals have
entered the marketplace for a total of more than 80,000
chemicals on the TSCA inventory.
The actions announced today include: (1) Adding phthalates
and PBDE chemicals to the concern list; (2) Beginning a
process that could lead to risk reductions actions under
section 6 of TSCA for several phthalates, short-chain
chlorinated paraffins, and perfluorinated chemicals;
and, (3) Reinforcing the DecaBDE phaseout -- which will take
place over three years -- with requirements to ensure that
any new uses of PBDEs are reviewed by EPA prior to returning
to the market. EPA also indicated that chemicals currently
in the action plan development process also include:
Benzidine dyes and pigments; and Bisphenol A.
This is the first time
EPA has used TSCA’s authority to list chemicals that “may
present an unreasonable risk of injury to health and the
environment.” EPA said the decision to list the chemicals
further signals the Administration’s commitment to
aggressively use the tools at its disposal under TSCA.
Inclusion on the list publicly signals EPA’s strong concern
about the risks that those chemicals pose and the agency’s
intention to manage those risks. Once listed, chemical
companies can provide information to the Agency if they want
to demonstrate that their chemical does not pose an
unreasonable risk.
The American Chemistry Council (ACC) issued a release
indicating that although it supports EPA’s effort to outline
possible Agency actions for prioritized chemicals under the
existing Toxic Substances Control Act (TSCA), ACC and its
member companies are disappointed that the initial set of
chemicals seem to have been selected based on little more
than their current “high-profile” nature.
Cal Dooley, ACC President and CEO, said, “In exercising
its authority under TSCA, EPA should prioritize chemicals
for the CAP program based on scientific criteria that
reflect available hazard, use and exposure information
provided to the agency. Unfortunately, until today, there
has been little transparency, and significant uncertainty,
over the scientific basis for the selection of these
chemicals. The action plans released today include
references to scientific studies that the agency believes
make the case for restrictive action, but the agency should
maintain their responsibility to review the weight of
evidence for all scientific studies, even those that lead to
a different conclusion. The chemical industry supports
modernizing the way chemicals are managed in commerce, but
the CAP process to date provides no evidence of a
systematic, science-based approach to chemicals management.
It is vital that this be addressed.”
“ACC members are proud of our products. Chemicals are
critical in life saving vaccines, solar panels and energy
efficient products, clean water, and so many other uses that
improve quality of life, safety, and the environment. ACC
members will continue to work with consumer, government and
scientific organizations to understand the impacts of
chemicals on human health and the environment.”
Environmental Defense Fund (EDF), in a blog post said
that EPA deserved an “A for effort.” EDF said, in response
to ACC's claims that “the initial set of chemicals seem to
have been selected based on little more than their current
‘high-profile’ nature; that "back when it [EPA] announced
its enhanced program, EPA pretty clearly stated the basis
for selecting the first group of chemicals:" EPA said, "The
initial chemicals selected for action plan development were
chosen on the basis of multiple factors, including chemicals
identified as persistent, bioaccumulative, and toxic; high
production volume chemicals; chemicals in consumer products;
chemicals of particular potential concern for children’s
health because of reproductive or developmental toxicity;
chemicals subject to review and potential action in
international forums; chemicals found in human blood in
biomonitoring programs; and chemicals in categories
generally identified as being of potential concern in the
new chemicals program." EDF said further that, "each
individual plan provides substantial documentation as to why
EPA selected the chemical, including detailed hazard and
exposure data."
Access a release from EPA (click
here). Access more information on EPA’s legislative
reform principles, a fact sheet on the complete set of
actions on the four chemicals, the CAPs and additional
information (click
here). Access a release from ACC with links to
additional information (click
here). Access the blog post from EDF (click
here). [*Toxics]
Comments Wanted On
Dioxin In Soil Cleanup "Goals" - Dec 31: U.S. EPA
announced it is seeking public comment on draft "interim
preliminary remediation goals" (PRGs) for cleanup of dioxins
in soil. The announcement fulfilled a commitment by EPA
Administrator Lisa Jackson to announce interim cleanup goals
by the end of 2009. EPA said the action would strengthen its
preliminary remediation goals at dioxin contaminated sites.
Mathy Stanislaus, assistant administrator for EPA’s Office of
Solid Waste and Emergency Response said, “While
EPA works to complete the dioxin reassessment, this interim
guidance will help us make better informed decisions on
cleanup alternatives at contaminated sites. We are following
through on our commitment to use the best available science to
help protect human health and the environment.”
Currently,
EPA’s recommended dioxin PRGs are 1,000 part per trillion
(ppt) for dioxin in residential soil and a level within the
range of 5,000-20,000 ppt in commercial/industrial soil.
Under the draft interim PRGs proposed the PRGs would be 72
ppt for residential land uses and 950 ppt for
commercial/industrial land uses, a significant lowering the
amount of dioxins levels for residential land uses and
commercial/industrial land uses. In addition, the draft
interim PRGs differ from the current dioxin PRGs in that
they include consideration of the potential absorption of
dioxin through skin exposure. EPA said, "This will provide a
tool for site evaluation that was not available when EPA
last recommended PRGs for dioxins in soil in 1998."
EPA indicated in a release that in 1991,
in light of significant new data on the potential human
health effects of dioxins, it began the development of a
comprehensive evaluation of exposure and human health
effects of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), "the
most toxic of the group of chemicals known as dioxins, and
other dioxin-like compounds." The draft dioxins assessment
has been through several independent external peer reviews,
the latest a 2004 review by a scientific panel convened by
the National Academy of Sciences. When the EPA dioxin risk
assessment is complete, it will be the Agency's scientific
foundation for future decision-making about dioxins in the
environment.
EPA will be taking public comment on the
draft interim PRGs for 50 days following publication in the
Federal Register, and anticipates issuing the final interim
PRGs in June 2010. Upon completion of the dioxins
reassessment, currently expected by the end of 2010, EPA
will consider the need to update the interim PRGs.
Access a release from EPA (click
here). Access more information on the draft
recommended interim PRGs and how to comment (click
here). [*Toxics, *Remed]
EPA Enforcement Results & Interactive Map For FY2009
- Dec 23: U.S. EPA released its report on enforcement
results for fiscal year 2009, and has developed a new
informative web-based tool and interactive map that allows
the public to get detailed information by location about the
enforcement actions taken at approximately 4,600 facilities.
In FY2009, EPA concluded enforcement
actions requiring polluters to invest more than $5 billion
on pollution controls, cleanup, and environmental projects.
Civil and criminal defendants committed to install controls
and take other measures to reduce pollution by approximately
580 million pounds annually once all required controls are
fully implemented.
The new mapping tool allows the public to
view the locations of facilities that were the subject of
those enforcement actions on interactive maps of the U.S.
and territories. The Google maps show facilities where civil
enforcement actions were taken for environmental laws for
air, water, and land pollution, and a separate map shows
criminal enforcement actions. Users can click on specific
facilities to find historical information about specific
enforcement actions, such as violations and monetary
penalties. In addition, users can use the zoom function to
find out which facilities are located near water bodies that
are listed as "impaired” because they do not meet federal
water quality standards. EPA mapped the locations of more
than 90 percent of the facilities that were the subject of
enforcement actions last year. EPA did not map the locations
of drinking water treatment plants due to potential security
concerns.
For the past 10 years,
EPA has described annual enforcement results by focusing
primarily on two measures, the estimated pounds of
pollutants reduced and estimated cost of commitments made by
defendants to control or reduce pollution. EPA indicated
that these measures vary significantly from year to year and
are dependent upon the number of large cases that settle in
a given year. While the large cases are a vital part of our
work to protect public health and improve compliance, they
do not reflect the totality of the annual environmental
enforcement activities, and do not capture the number and
variety of enforcement actions taken to help clean up local
communities. EPA said the new mapping tool will help
increase transparency, improve access to data, and provide
the public with the bigger picture of enforcement activity
occurring in communities around the country.
Access a release from EPA ( click
here). Access extensive additional information and
link to the mapping tool ( click
here). [*All]
EPA To Develop
Financial Assurance Requirements For 3 Sectors -
Dec 30: U.S. EPA announced that it had "taken a significant
step" (i.e. issued an advanced notice of proposed rulemaking
- ANPRM), in an effort to help reduce the need for Federal
taxpayers to fund the cleanup of environmental releases. The
Agency indicated it has identified three additional industry
sectors for which it will begin the regulatory development
process for any necessary financial assurance requirements:
(1) the chemical manufacturing industry; (2) the petroleum
and coal products manufacturing industry, which primarily
includes refineries and not coal mines; and (3) the electric
power generation, transmission, and distribution industry.
EPA said financial assurance requirements help ensure that
owners and operators of facilities are able to pay for
cleanup of environmental releases and help reduce the number
of sites that need to be cleaned up by federal taxpayers
through the Superfund program.
EPA said the identification of
these industry sectors is part of the Agency's effort under
Section 108(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA, Superfund), to
examine if financial assurance requirements will help
promote better environmental outcomes. EPA The action
announced is not a proposed rule or a final regulation. EPA
said it selected the particular industries based on a
variety of information sources. The information includes the
types of sites listed on the Superfund National Priorities
List, which are intended to guide the EPA in determining
which sites warrant further investigation under the Federal
Superfund program, as well as data on hazardous waste
generation from the National Biennial Report and data from
the Toxics Release Inventory (TRI).
Last July, EPA issued a notice
that identified the hard-rock mining industry as its
priority for the initiation of the regulatory development
process for financial responsibility requirements [See
WIMS 7/13/09]. EPA plans to propose any appropriate
financial responsibility rules by spring of 2011 for classes
of facilities within the hard-rock mining industry. For the
new sectors identified, EPA also will begin the regulatory
process for developing appropriate financial assurance
requirements. In addition, EPA said it has identified the
following additional classes of facilities that require
further study in order for the agency to decide whether to
develop proposed regulations: waste management and
remediation services; wood product manufacturing; fabricated
metal product manufacturing; electronics and electrical
equipment manufacturing; and facilities engaged in the
recycling of materials containing CERCLA hazardous
substances. EPA will be accepting public comment on this
notice for 30 days after it is published in the Federal
Register.
Access a release from EPA (click
here). Access EPA's Superfund Financial
Responsibility website for links to the
announcement and additional information (click
here). [*Remed]
New Rules On Hazardous Waste Imports & Exports
- Dec 28: U.S. EPA announced it is strengthening the
regulations that govern the shipping of hazardous waste for
recycling between the United States and other countries. The
new measures are meant to increase the level of regulatory
oversight, provide stricter controls, and greater
transparency. The announced final rule aligns EPA’s
hazardous waste import/export/transit shipment regulations w ith
the procedures of the Organization for Economic Cooperation
and Development (OECD), an international consortium that
comprises 30 countries including the United States.
EPA said the new measures bolster
regulations regarding hazardous waste shipments into or out
of the United States and strengthen the extensive set of
regulations under the Resource Conservation and Recovery Act
(RCRA) governing the shipment of hazardous waste within the
United States.
Specifically, the rule revises: Existing
RCRA regulation regarding the transboundary movement of
hazardous wastes for recovery among countries belonging to
the OECD to conform to legally required revisions made by
the OECD; RCRA regulations for spent lead-acid batteries
(SLAB) to add export notification and consent requirements
to provide stricter controls and greater transparency for
exports of SLABs to any country; Hazardous waste
import-related requirements for U.S. hazardous waste
management facilities to confirm individual import shipments
comply with the terms of EPA’s consent; and The address to
which export exception reports are to be sent.
Access a release from EPA with additional information and
link to more information including a pre-publication copy
of the final rule ( click
here). [*Haz, *P2]
EPA
Hearing On Nation’s Sulfur Dioxide (SO2) Standards
- Dec 28: U.S. EPA announced it will hold a public hearing
on the Agency’s proposal to strengthen the nation’s sulfur
dioxide (SO2) standards [See
WIMS 11/18/09]. EPA is taking comment on a proposal
to establish a new national one-hour SO2 standard, between
50 and 100 parts per billion. The standard is designed to
protect against short-term exposures ranging from five
minutes to 24 hours. Because the revised standards would be
more protective, EPA is proposing to revoke the current
24-hour and annual SO2 health standards.
On November 17,
2009, for the first time in nearly 40 years, U.S. EPA
announced its proposal to strengthen the nation’s sulfur
dioxide (SO2) air quality standard. EPA said power plants
and other industrial facilities emit SO2 directly into the
air. Administrator Lisa Jackson said, “Short-term exposures
to peak SO2 levels can have significant health effects --
especially for children and the elderly -- and leave our
families and taxpayers saddled with high health care costs.
We’re strengthening clean air standards, stepping up
monitoring and reporting in communities most in need, and
providing the American people with protections they rightly
deserve.” The
hearing will be held on January 5, 2010, in Atlanta, GA. The
public may register on the day of the hearing but may not be
given a specific time to speak. EPA also will accept written
comments on the proposed rule until February 8, 2010.
Access a release from EPA (click
here). Access links to a prepublication copy of the
proposed rule, a fact sheet and background documents and
information on commenting (click
here). Access more information from EPA's SO2
website (click
here). [*Air]
Great
Lakes News
MI & MN
Ask U.S. Supreme Court To Stop Asian Carp - Dec 21:
Michigan Attorney General Mike Cox announced that he has
filed an action with the United States Supreme Court to
immediately order Federal, state, and local officials
responsible for Chicago-area locks and waterways to close
them in order to stop Asian carp from entering the Great
Lakes. According to a release from the AG, "The fish are an
aggressive invasive species that could quickly devastate
Great Lakes fish populations, causing severe damage to
Michigan's economy by ruining the Great Lakes' $7 billion
fishing and tourism industries."
AG Cox said,
"Stopping Asian carp is an economic and environmental
necessity for Michigan. The Great Lakes are an irreplaceable
resource. Thousands of jobs are at stake and we will not get
a second chance once the carp enter Lake Michigan. The
actions of Illinois and federal authorities have not been
enough to assure us the Lakes are safe. That's why the
waterways must be shut down until we are assured that
Michigan will be protected."
The lawsuit filed in the U.S. Supreme Court asks for the
following actions: (1) Closure of the locks at the O'Brien
Lock and Dam and the Chicago Controlling Works; (2)
Operation of the sluice gates at the Wilmette Pumping
Station, the O'Brien Lock and Dam, and the Chicago
Controlling Works in a manner that will prevent carp from
passing into Lake Michigan; (3) Creation of new barriers to
prevent carp from escaping from the Des Plaines River into
the Chicago Sanitary and Shipping Canal during flood events,
and from getting to Lake Michigan through the Grand and
Little Calumet Rivers; (4) Comprehensive study of the
Chicago waterway system to define where and how many carp
are in these waters, and to eradicate them; and (5) Action
to permanently separate these waterways from the Great
Lakes.
The suit comes after Illinois and Federal authorities
reportedly executed the largest fish kill in Illinois
history in response to the discovery of Asian carp DNA just
miles from Lake Michigan [ See
WIMS 12/8/09]. Cox said, "The U.S. Army Corps of
Engineers has itself admitted allowing Asian carp into the
Great Lakes would be an 'ecological and economic disaster.
Michigan families whose jobs and way of life depend on the
health of the Great Lakes deserve to know there is a
long-term solution to this crisis."
Cox has appointed veteran assistant attorneys general Peter
Manning and Robert Reichel to lead the team of lawyers
handling this case.
On December 22, the Minnesota Attorney General Lori Swanson
filed a brief joining in the action and supporting the
relief requested by Michigan. Minnesota has 140 miles of
Lake Superior shoreline. Swanson’s brief points out that
recreational and commercial fishing on Lake Superior are
important to Minnesota’s economy. The brief indicates
that, “Maintaining proper stewardship of the Great Lakes by
stopping the entry of Asian carp is essential to the
continued use and enjoyment of this important American
natural resource.” She cited the December 4, 2009 report
of the U.S. Army Corp of Engineers saying, “The prevention
of an interbasin transfer of bighead and silver carp from
the Illinois River to Lake Michigan is paramount in avoiding
an ecologic and economic disaster.”
Swanson’s brief also expresses concern for Minnesota’s
regular fishing industry if Asian carp advance into inland
Minnesota lakes through Lake Superior: She indicated, “If
they invade the Great Lakes, they will have access to the
rivers and tributaries that feed into the Great Lakes,
thereby threatening inland waters. This would be extremely
destructive to Minnesota’s economy and way of life, where
inland fishing is an important recreational and economic
pursuit. Indeed, Minnesota is known as ‘The Land of 10,000
Lakes,’ and the recreational fishing in Minnesota alone is a
$2.725 billion per year industry.”
The Natural
Resources Defense Council (NRDC), which lauded the
action, issued a release saying the lawsuit re-opens a
nearly century-old Supreme Court case against the State of
Illinois and the Metropolitan Water Reclamation District of
Greater Chicago to force immediate action on the carp issue.
Legal and policy experts from NRDC said the suit could
"trigger an improvement of the region’s water infrastructure
and enhance Great Lakes transportation policy."
Henry Henderson, Director of NRDC's Midwest Program (and a
former Commissioner of the Environment for the City of
Chicago) who has blogged extensively on the potential for
the Supreme Court case to be a viable legal tool to bring
increased urgency to the carp crisis said, “Michigan has
made a smart move with this bid to re-open the U.S.
Supreme Court’s review of threats posed by the Chicago
Diversion to the well-being of the Great Lakes ecosystem.
The other Great Lakes states should join Michigan in
pursuing all available legal steps to permanently separate
the Great Lakes from the Mississippi River watershed.
“Throughout this slow-motion disaster we have seen a
decided lack of urgency in the actions taken to fend off
the carp threat. Hopefully, Michigan’s action will light a
fire. Temporary emergency closure of the locks will not
fix the problem -- but it will provide breathing room
while real, scientifically sound, legally binding
solutions are installed and public processes are engaged.
This will not be a quick long-term fix. Though only a
fraction of the goods passing through the Chicago region
are waterborne, there are legitimate shipping and business
concerns about the impact that this could have on barge
traffic and management of sewage. With the health of the
Great Lakes at stake, however, the interests of
multi-billion dollar fishing, boating, and tourism
industries and the quality of 1/5 of the world’s fresh
water should really take precedence.”
Access a release from the Michigan AG (click
here). Access a release from the Minnesota AG (click
here). Access a release from NRDC with links to
related information (click
here). [*GLakes]
Federal Register
Highlights
The following is a summary from our Daily
REGTrak Bulletin* for:
Monday, January 4, 2010.
Note: Below
are the Federal Register daily summaries for the
past two weeks while we have been on Holiday break.
Monday, January 4, 2010,
Federal Register, Vol. 75, No. 1
1. AIR, SOLID - ICR. EPA. Agency
Information Collection Activities; Submission to
OMB for Review and Approval; Comment Request;
Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills (Renewal); EPA ICR
No. 1893.05, OMB Control No. 2060-0430
2. ALL - ND. EPA. Public Comment on
Candidate National Enforcement and Compliance
Assurance Priorities for Fiscal Years 2011-2013
3. ENERGY/Conservation - PR. DOE.
Energy Conservation Program: Test Procedures for
Walk-In Coolers and Walk-In Freezers
4. MI/TOXICS - NS. DOJ. Notice of
Lodging of Consent Decree Under the Residential
Lead-Based Paint Hazard Reduction Act; proposed
Consent Decree in United States v. Jose and
Guillermina Sierra, Civil Action No. 1:09-CV-1149,
U.S. District Court for the Western District of
Michigan, Southern Division
5. HAZ - FR/Correction. DOT/Pipeline
and Hazardous Materials Safety Administration.
Hazardous Materials: Revision to Requirements for
the Transportation of Batteries and
Battery-Powered Devices; and Harmonization With
the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International
Civil Aviation Organization's Technical
Instructions; Correction
__________________________________
ANPR -
Advance Notice of Proposed Rulemaking;
FR - Final Rule;
FRD - Direct final rule;
FRI - Interim final rule;
ICR - Information
Collection Request; ND -
Notice of data, information, reports, etc. availability;
NF - Notice of Funding
Opportunity; NM - Notice of
Meeting; NS - Notice of
administrative/court settlement;
PR - Proposed Rule; ROD
- Record of decision
*If you
need further information on the above announcements you
may want to subscribe to our REGTrak service.
Subscribers receive a complete Federal Register summary
of nationally applicable environmental announcements,
contact information and direct links to the full-text of
each announcement (pdf & html) before 8 AM each day for
$139 per year (click
here). You can also
access our Federal Regulatory website and follow the
links from there (click
here).
Article Coding: [Air]
= Air; [All] = Cross-Media, ecosystems; [Climate]
Climate Change; [Drink] = Drinking Water; [Energy] =
Energy; [GLakes] = Great Lakes; [Haz] = Hazardous Waste;
[Land] = Land Use, Forests; [P2] Pollution Prevention,
Sustainability; [Remed] = Remediation, Brownfields;
[Tanks] = AST, UST; [Toxics] =Toxics, Pesticides;
[Transport] = Transportation; [Solid Waste]; [Water] =
Water; [Wildlife] = Wildlife, Endangered Species.
Michigan News
Chester
Resigns; Jim Sygo Named Interim MDEQ Director - Dec 22:
Governor Granholm announced that Jim Sygo will serve as interim
director of the Department of Environmental Quality (MDEQ)
beginning January 5, 2010, following Director Steven Chester's
announcement on December 22, that he would leave his post on
January 4, 2010. Sygo currently serves as deputy director for the
MDEQ. Granholm said, "As we continue to prepare for the new
department of Natural Resources and Environment (MDNRE), we need
continued leadership, and Jim is in an excellent position to
spearhead the department."
In announcing Sygo
as interim director of MDEQ, Governor Granholm offered praise
for Chester's "commitment to Michigan's proud traditions of
environmental stewardship during his tenure as director." She
said, "Steve Chester believes in the premise that improving
our environment goes hand-in-hand with improving our
economy. He has fought for the ideals that so many Michigan
citizens believe in: clean air, healthy forests, and
unparalleled water resources, all of which help to define who
we are as a people and who we are as a state. On a personal
level, I am indebted to Steve for his service. As one of my
original Cabinet members, he has stood with us to serve the
people of this great state during a time of economic upheaval
and uncertainty. He has been both counselor and friend, and I
will miss him as he begins to write the next chapter in his
personal career."
According to a
release, Director Chester will be leaving to return to the
practice of law, specializing in environmental counseling and
litigation. Chester was previously a principal at the Detroit
law firm of Miller, Canfield, Paddock and Stone, PLC.
He served as head
of MDEQ since 2003 and has overseen numerous reforms of the
department's operations that have streamlined services and
made it one of the most efficient and effective environmental
agencies in the nation. Chester also "championed significant
changes to Michigan's environmental laws that will ensure
Michigan's natural resources will remain protected for
generations to come."
Granholm's
appointment of Jim Sygo to serve as interim MDEQ director will
be in effect through January 17, 2010, when Executive Order
2009-45 will combine the operations of MDEQ and the Department
of Natural Resources (MDNR) within the newly created MDNRE.
The Governor said she will appoint a permanent director of
that new department at a later date.
Access a release from the Governor ( click
here). [*MIAll]
MDEQ
Approves 930 MW Consumers Energy Coal-Fired Plant - Dec
29: MDEQ announced that it approved the air permit for an
930 megawatt (MW, gross power output) coal-fired power
Karn-Weadock Generating Station in Bay County's Hampton Township
in Essexville proposed by Consumers Energy Company (Permit to
Install Number 341-07), with the condition that Consumers Energy
Company will retire up to 958 megawatts of coal-fired generating
capacity from seven of the company's oldest existing coal plants
in Michigan. The decision follows a period of extensive review
by MDEQ of Consumers Energy Company's application, supporting
information, and public comment.
Previously, under the
Governor's controversial Executive Directive 2009-2, requiring
additional State review of new coal power plant project permits,
the Michigan Public Service Commission (MPSC) staff found that
the Karn-Weadock proposal was "unjustified" without the explicit
retirement of existing capacity in its baseload generation fleet
[See
WIMS 9/9/09].
MDEQ said the conditions of the
permit issued will additionally "ensure that the project uses
state-of-the art technology including scrubber and hydrated lime
injection control for sulfur dioxide, acid gasses, and hazardous
air pollutants; baghouse control for particulate and hazardous
air pollutants; carbon injection for mercury control; and
selective catalytic reduction for nitrogen oxide control. The
project will be ready to employ carbon capture and sequestration
technology to reduce greenhouse gas emissions once that
technology becomes commercially feasible."
MDEQ indicated in a release
that Consumers Energy Company currently utilizes "one of the
nation's oldest coal-fired generation fleets, averaging 50 years
of age." As a result, the project will create an overall
reduction of a number of harmful emissions due to antiquated
generating equipment being replaced with newer and cleaner
technology. Those reductions include a decrease of particulate
matter (PM10) emissions by at least 807 tons per year, SO2
emissions by 18,900 tons, NOx emissions by 5,350 tons, lead
emissions by 240 pounds, and mercury emissions by 353 pounds.
Access a release from MDEQ (click
here). Access the Permit Terms and Conditions (click
here). Access the Permit to Install Application
(click
here). Access the Interested Party Letter (click
here). Access the Approval Letter to Company (click
here). Access the Response to Comments (click
here). Access the MPSC Consumers-Essexville docket that
includes links to the report, background documents and comments
(click
here). [*MIAir, *MIEnergy,
*MIClimate]
Comments Wanted On MDEQ Draft
Environmental Justice Plan - Dec 18: MDEQ released a
draft Environmental Justice Plan for public comment today that
outlines steps to be taken to promote environmental justice in
Michigan. The plan was developed following Governor Granholm's
Executive Directive No. 2007-23, issued on November 21, 2007,
which tasked MDEQ with developing and implementing a State
environmental justice plan. MDEQ Director Steven Chester said,
"Having a strong environmental
justice policy for Michigan ensures that all of our citizens are
given a voice on the issues that impact the health and
environmental well-being of their communities. I encourage
anyone to take the time to read this draft plan and share their
thoughts on whether it is the right path forward on this
critical issue."
To develop the draft plan, MDEQ
established an Environmental Justice Working Group composed of
several State agencies, environmental justice advocacy groups,
academia, tribal representatives, research professionals, and
representatives of economic development and business
organizations. Over the course of two years, the working group
created a number of subgroups, and conducted academic research
and public focus group meetings. The working group also
established a resource group comprised of interested members
of the public to provide assistance in the development of the
State plan.
The plan
is organized into several chapters matching the work of the
subgroups of the Environmental Justice Working Group
including: Public Participation; Integration into MDEQ
Activities; Disparate Impacts Assessment; Interdepartmental
Integration; Petition Process; and Role of Local Units of
Government.
Access a
release from MDEQ including commenting instructions (click
here). Access the complete 97-page draft Environmental
Justice Plan (click
here). [*MIAll]
Economic Study Shows
Positive Climate Change Action Effects - Jan 4: The
Center For Climate Strategies
(CCS) issued a report entitled, Macro Economic
Analysis of Michigan’s Climate Action Plan [See
WIMS 7/30/09]. According to the analysis
of the macroeconomic effects of Michigan’s Climate Action
Plan, implementation of a set of recommendations by the
Michigan Climate Action Council (MCAC) would "significantly
benefit Michigan’s economy."
The 54 recommended climate policy strategies in the Michigan
Plan focused on clean and renewable energy, energy
efficiency, industrial process improvements, transportation
improvements, forestry and agriculture conservation, and
waste management. The CCS analysis indicates that based on a
state of the art macroeconomic analysis using the REMI
Policy Insight Plus Model (REMI), implementation of these
actions would, on balance, result in the following outcomes
for Michigan between 2010 and 2025 as follows:
129,000 net new jobs in 2025; Direct net cumulative savings
of about $10 billion between 2010 and 2025, and direct
average cost savings of $10.20 per metric ton of carbon
dioxide equivalent (MMTCO2e); $25 billion net gain in Gross
State Product (in Net Present Value terms) from
2010‐2025; Reduced GHG emissions from Michigan sources by
121 MMTCO2e in 2025, or about 44 percent below expected
emissions in 2025 compared to business as usual; and
Residential energy price reductions by 2025 of -1.39%
for electricity, -0.37% for gasoline, ‐0.40% for fuel oil,
and -0.60% for natural gas.
MDEQ issued a
release with a statement from out-going Director Steven
Chester saying, “This economic study confirms that we can
have both a healthy environment and a healthy economy. As
documented in the study, implementing policies that reduce
our dependency on fossil fuels, promote energy efficiency,
and increase the use of renewable and alternative energy
will improve the quality of our environment, grow Michigan’s economy and create thousands of
jobs.”
Access the release from MDEQ (click
here, posted soon). Access the complete
macro-economic study (click
here). Access a summary
of the report’s findings (click
here). Access the CCS website for additional
information (click
here). Access links to the final MI Climate Action
Plan by sections and appendices (click
here). Access the Michigan Climate Action
Council website for background and additional information (click
here). [*MIClimate, *MIEnergy]
Appeals Court On Tax Exemptions & Landfill Industrial
Process - Dec 29: The Michigan Court of Appeals
published its opinion in Granger Land Development Co. v.
Department of Treasury, Case No. 286355. In
the suit involving a tax refund, defendant Department of
Treasury (Department) appealed the Court of Claims’ order
compelling the Department to refund the full amount of taxes
paid by plaintiffs Granger Land Development Company and
Granger Waste Management Company (Granger). The Appeals Court
said, "the primary question is whether the personal property
at issue was exempt from Michigan’s use tax. Because we
conclude that the Court of Claims correctly determined that
the property at issue was exempt, we affirm."
Granger alleged, in part, that the
materials and equipment that it used or consumed (i.e. the
tire shreds, gravel, liners, piping, and bulldozers) were used
or consumed as part of an industrial process; namely, the
processing of solid waste to generate gas. Because it used or
consumed the materials and equipment as part of an industrial
process, Granger argued that it was entitled to the exemption
from sales and use taxation applicable to materials and
equipment used in industrial processing. In response, the
Department argued that the materials and equipment were not
used in an industrial process or, in the alternative, that
they were nevertheless not entitled to the exemption because
the materials were incorporated into real property and the
equipment was used to groom real property.
Access the complete opinion
(click
here). [*MISolid]
Executive Order Will Consolidate MDMB & MDIT
- Dec 30: Governor Granholm announced her latest effort to
streamline State government with Executive Order 2009-55, that
will consolidate the Department of Management and Budget (MDMB)
and the Department of Information Technology (MDIT) into a new
Department of Technology, Management and Budget (MDTMB). After
a 60-day legislative review period, the Executive Order will
take effect March 21, 2010.
The new MDTMB will further integrate information technology
into the administrative services presently provided by MDMB
and MDIT. Granholm said, "We are restructuring and
streamlining state government to provide better service at
less cost to taxpayers. Through the use of information
technology, this new department also will continue our work in
improving efficiency and making government services more
accessible to citizens."
Varnum Alert On Large Buildings &
New GHG Reporting Requirements - Jan 4: The Varnum law
firm, one of the WIMS Corporate Sponsors, has issued an
announcement indicating that commercial
and institutional buildings -- including hospitals,
universities, and large office buildings -- could be affected by
new greenhouse gas (GHG) reporting requirements recently
announced by the U.S. EPA [See
WIMS 9/22/09]. The new regulations call for subject
facilities to begin monitoring their GHG emissions on January 1,
2010, and file their first annual reports by March 31, 2011.
Varnum indicates that among the various "sources" covered by
the reporting regulations are commercial and institutional
buildings with GHG emissions of 25,000 metric tons per year or
more from “stationary fuel combustion sources” located at the
subject facility. Stationary fuel combustion sources can
include (but are not limited to) boilers, combustion turbines,
engines, incinerators and process heaters. Any facility with
an aggregate maximum rated heat input capacity in excess of 30
mmBtu/hr for all of the stationary combustion units at the
facility will need to do further calculations to determine if
it meets the threshold for reporting.
Varnum indicates
that EPA estimates that up to 25 percent of commercial and
institutional buildings will be required to report their
emissions under the new rule. This includes office buildings,
hospitals, schools, universities or other large facilities. In
many instances, these facilities will be subject to regulation
under the Clean Air Act for the first time. Buildings on
contiguous or adjacent properties will count as one facility
for reporting purposes. Therefore, businesses and
institutions with "campuses" will be required to report their
aggregate GHG emissions from all “stationary fuel combustion
sources” within the subject facility. Varnum says, "While the
new reporting regulations do not limit or otherwise restrict
GHG emissions, they are a precursor to future federal GHG
limitations, either via a cap and trade system or a carbon
tax."
The final rule was
signed by the EPA Administrator on September 22, 2009. On
October 30, 2009, the final rule was published in the Federal
Register under Docket ID No. EPA-HQ-OAR-2008-0508-2278. The
rule became effective December 29, 2009.
Access the complete Varnum announcement ( click
here). Access EPA's Final Mandatory Reporting
of Greenhouse Gases Rule with links to the final regulations
and extensive background information ( click
here). Access EPA's docket for this rulemaking with
documents, comments and background ( click
here). Access information on becoming a WIMS
Corporate Sponsor ( click
here). [*MIAir, *MIClimate]
Michigan
Legislative Tracking (12/31)
Click on the
bill number for complete status, full text, &
analyses. Uppercase is Senate action; lowercase is House
action.
For a complete list of environmental
legislation this session ( click
here).
IN THE GOVERNOR'S OFFICE
IN THE HOUSE
IN THE SENATE
Now you can try this highly acclaimed
publication at no charge for the next 30 days -- better yet; when
your trial is over you'll be able to afford to continue it -- WIMS Daily at $339/year ($289 Local Government Rate); and eNewsUSA $239/year!
30-days Free, No Obligation

Click here for your free trial
(ISO 14001 managers don't forget your Cert. No. or ID to get the
bonus REGTrak subscription)
or
WIMS Daily
is produced each business day (47 weeks/year, some
exceptions) and is
available for Michigan subscribers
at just $339/year; special $289/year for local government.. For non-Michigan users, eNewsUSA is available
for just $239/year. Copyright © 2010. Permission is
granted for Internal, Same Office, Distribution Only.
eNewsUSA is also available to trade associations at greatly
reduced rates with one master subscription and no further minimum subscription numbers required.
Send inquiries to
info@ecobizport.com. All messages are archived and
searchable on Yahoo Groups.
|
|