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2012 Expectations 
Since 2012 is in full swing, it would be nice to know what this year has in store for us. Goldman Environmental has looked beyond its crystal ball and, using its own expertise in energy and the environment (as well as our network), offers these observations on the coming year.
 

Water Issues: Initiatives on stormwater have spread nationally. In Massachusetts, the Mystic River is a good example of enforcement by both EPA and citizen "505" suits. EPA Region I is expected to continue going after phosphorous runoff in the Charles River watershed. Expect continued efforts to clarify the scope of jurisdictional waters under the Clean Water Act (CWA). March 2012 renewal of Nationwide Permits (NWPs) under Section 404 of the CWA will likely include new NWPs for renewable energy projects.

 

Toxics Policy: Expect that the Massachusetts legislature will consider several expansions of the list of toxic substances similar to last year's consideration of: Safer Alternatives to Toxic Chemicals, bisphenol-A ban, cleaning products ban, and flame retardant ban. There will be continued initiatives to expand the Toxic Use Reduction Act program. On the federal level, the U.S. Environmental Protection Agency (EPA) has shown continuing interest in the European Union's REACH (Registration, Evaluation, and Authorization of Chemicals) system. This methodology is quite different than current regulation under the Toxic Substances Control Act and places the highest priority on reducing or eliminating "toxic" substances that could pose a risk to human health or the environment.

 

Tier II reporting: In Massachusetts, the State Emergency Response Commission (SERC) is moving on new reporting guidance. The guidance should help to clarify and streamline the reporting process.

 

Biofuels: Continued interest in promoting advanced biofuels should see some significant development in non-food crop ethanol and pilot programs in algal biofuels leading to ethanol and diesel fuels.

 

Keystone XL Pipeline: Keystone isn't dead and there will be a review of an alternative pipeline route from Canada to the Gulf of Mexico in 2012.

 

Vehicle Regulations: Despite opposition, expect the EPA and the National Highway Traffic Safety Administration (NHTSA) will develop and promulgate historically aggressive packages of greenhouse gas (GHG) and fuel economy standards changes.

 

Endangered Species Act: As Administration regulatory initiatives and listing decisions on individual candidate species increase, expect more Congressional oversight on implementation of the Endangered Species Act (ESA).

 

Natural Gas Issues: Strong interest in natural gas production from shale and Liquefied Natural Gas (LNG) exports will persist, as will the controversies and questions about hydraulic fracturing. Many states are considering requiring reporting on "fracking" chemicals on a well-by-well basis and five states already have such regulations in effect.

 

Pipeline Safety: The Pipeline and Hazardous Materials Safety Administration (PHMSA) will begin to implement the new pipeline safety legislation enacted in 2011.

 

Nuclear Matters: Mixed signals will continue to be part of the legacy of Fukishima. We see more states following Vermont's efforts to block extended operation of some operating reactors. The Nuclear Regulatory Commission (NRC) hasn't shown much leadership in addressing disposal, safety and health concerns. And, with low natural gas prices, some impetus for new nuclear capacity has fizzled. Still, licenses for new reactors are expected to be issued. One was recently approved in Utah on the Green River and several are moving ahead with licensing in Florida, Texas and Georgia.

 

Clean Air Act Reform and Rulemakings: EPA Clean Air Act (CAA) rulemakings will face more attacks in 2012, as the agency maintains a high pace of regulatory activity.

 

Litigation: Key EPA rulemakings related to Ozone; the Cross State Air Pollution Rule (CSAPR); the GHG Endangerment Finding/Tailoring Rule; and enforcement authority are being litigated in the D.C. Circuit or Supreme Court; several common law claims related to climate change are either scheduled for oral argument or may be decided.

 

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Below is a list of upcoming deadlines on the regulatory calendar:

 

EPCRA Tier II Reports are due March 1, 2012. These reports, due annually, are a federal requirement under the Emergency Planning and Community Right-to-Know Act. Companies storing on-site during any day during the prior year hazardous substances or extremely hazardous substances in quantities greater than the reporting threshold must notify the State Emergency response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department. For more information contact Neil Inglis at 781-356-9140, ext. 112.

 

Biennial Reports are due March 1, 2012. Large Quantity Generators (LQG) of hazardous waste must submit a biennial report in even-numbered years for activity during the prior year. It is best to gather waste manifests and summarize types of waste, quantities, and where and how it was disposed. This preparation will facilitate the report process.

 

Air Emissions Reports (SSEIS & ARESCR): These reports are based on your facility's specific air permit conditions and industry type; some facilities are required to submit emissions reports annually, but many are triennial. The report is an opportunity to review and update your equipment inventory and clarify fuels being burned and facility changes. Reports are due on specific dates between March and August. Call with questions: 781-356-9140.

 

Toxic Use Reduction Plan Update due by July 1, 2012: This is a "planning year," which means, in addition to preparing annual Form R and Form S reports for federal and state regulators, it's also time to review your past goals, accomplishments and future plans for reducing your facility's toxic chemical use. If you qualify, and have been in the TUR process for two cycles, you may opt instead to implement an Environmental Management System (EMS) or prepare a Resource Conservation (RC) Plan to save water, energy or other resources.  GEC's Certified Toxic Use Reduction Planner, Neil Inglis, can answer your questions.

 

Risk Management Plans (RMP): Risk Management Plans must be recertified every 5 years.   If you have extremely hazardous substances above RMP thresholds, your plan identifies and mitigates the impacts of a potential future release. These are of particular interest if your facility is in an urban setting where neighboring residences, daycare, schools or hospitals may be located.

 

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Goldman Environmental has been helping its clients get control of their environmental destiny. Our expertise allows our clients to choose the most cost effective way to comply with regulations. And, our Sustainable Energy and Environmental Management Programs (SE2MP) show quick payback for any resources invested.