Feature Article
Protection of Stratospheric Ozone
Over the past year, the EPA has taken steps to regulate greenhouse gases and to strengthen air quality standards for criteria pollutants like sulfur dioxide and particulates. In case you missed it, the Agency has also continued the phase-out of ozone-depleting substances (ODS) in accordance with the Montreal Protocol. Here is a rundown of the Agency’s activitity in this area:
2010 HCFC Allocation Rule: Hydrochloroflourocarbons (HCFCs) are in the midst of a phase-down, with certain caps for 2010-2014 mandated by the Montreal Protocol. Each of those years will see a step-down in the number of allowances allocated by EPA for both the consumption and production of HCFC-22 and other ODS. The regulatory provisions for HCFC production to support developing nations’s basic domestic needs have also been amended. [See rulemaking of December 15, 2009, at 74 FR 66412]
Pre-Charged Appliances Rule: As of January 1, 2010, the sale or distribution of pre-charged air-conditioning and refrigeration products and components containing certain HCFC blends (including HCFC-22 and/or HCFC-142b) is forbidden. The ban only applies to appliances and components manufactured on or after January 1, 2010 and not to appliances and components manufactured before that date. [See rulemaking of December 15, 2009, at 74 FR 66450]
Whereas the 2010 Allocation Rule effectively prohibits U.S. manufacturers from charging newly manufactured appliances with virgin HCFC-22 or HCFC-142b, the Pre-Charged Appliances Rule concerns the sale and distribution of imported products that are charged outside of the United States. For more information, see EPA’s discussion of the 2010 HCFC regulations.
Recent International Developments in Saving the Ozone Layer: At the November meeting of the Montreal Protocol Parties, the U.S., Canada, and Mexico jointly proposed the addition of hydroflourocarbons (HFCs) to the Protocol. The North American proposal suggests that HFCs are “potent greenhouse gases” which were largely created as an alternative to chlorofluorocarbon (CFC) ozone-depleting substances.
The proposal attempts to reduce HFCs’ effects on the environment over a period extending to the year 2050. U.S. EPA has said that “controlling HFCs sends an important signal to markets about the need to develop new alternatives that do not harm the ozone layer or climate system.”
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Environmental News & Rules
02/23/2010—Council on Environmental Quality Policy Memos
On February 18, 2010, the Council on Environmental Quality (CEQ) announced four steps to modernize, reinvigorate, and ease the use and increase the transparency of implementation of the National Environmental Policy Act (NEPA).
Consideration of the Effects of Climate Change and Greenhouse Gas Emissions
Establishing, Applying, and Revising Categorical Exclusions Under the National Environmental Policy Act
NEPA Mitigation and Monitoring
02/22/2010—Administrator Jackson Sends Letter to Senate on Phase-in of GHG Regulation
U.S. EPA Administrator Lisa P. Jackson issued a letter responding to a letter sent to her the evening of February 19 by eight U.S. Senators asking about the agency’s plans for 2010. In the letter, the administrator outlines several of the decisions she has made for 2010-2011.
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02/11/2010—Reconsideration of Inclusion of Fugitive Emissions
At 75 FR 6823, EPA proposed to put in place an additional 18-month stay to the existing stay of the inclusion of fugitive emissions requirements in the federal Prevention of Significant Deterioration (PSD) program.
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02/11/2010—Notice of Proposed Rulemaking to Repeal Grandfathering Provision and End the PM10 Surrogate Policy
At 75 FR 6827, EPA is proposing two actions that would end EPA’s 1997 policy that allows sources and permitting authorities to use a demonstration of compliance with the prevention of significant deterioration (PSD) requirements for particulate matter less than 10 micrometers (PM10) as a surrogate for meeting the PSD requirements for particulate matter less than 2.5 micrometers (PM2.5).
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02/10/2010—North Idaho Developers Fined Nearly $45,000 for Storm Water Violations
The EPA has settled with seven firms and individuals accused of violating the Clean Water Act at construction sites in northern Idaho.
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Chemical Management News
03/08/2010—EPA Administrator Lisa P. Jackson Speaks at National Press Club
U.S. Environmental Protection Agency Administrator Lisa P. Jackson discussed the agency’s seven key priorities and the strong connection between environmental protection and economic prosperity in a speech at the National Press Club today.
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03/08/2010—EPA Submits Final Report on First Phase of Hudson River Dredging for Independent Scientific Review
After completing the first phase of dredging PCB-contaminated sediment in the upper Hudson River, EPA today released a detailed technical assessment of the work to a panel of independent scientific experts for review.
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03/02/2010—EPA Adds Ten Hazardous Waste Sites to Superfund National Priorities List
The U.S. Environmental Protection Agency is adding 10 new hazardous waste sites that pose risks to human health and the environment to the National Priorities List (NPL) of Superfund sites.
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02/26/2010—Hydrogen Sulfide; Community Right-to-Know Toxic Chemical Release Reporting
At 75 FR 8889, EPA is announcing that it is considering whether to lift the Administrative Stay of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 toxic chemical release reporting requirements for hydrogen sulfide (Chemical Abstracts Service Number (CAS No.) 7783-06-4).
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