EPA also delayed the SPCC compliance date by which a facility must address milk and milk product containers, associated piping and appurtenances constructed according to current applicable 3-A Sanitary Standards, and that are subject to the current applicable Grade “A” Pasteurized Milk Ordinance (PMO) or equivalent State regulatory requirement. The date is delayed one year from the effective date of a final rule specifically addressing these milk and milk product containers.

The amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and continue implementing an SPCC Plan in accordance with the SPCC regulations then in effect. Such facilities continue to be required to maintain Plans during the interim until the applicable compliance date for amending and implementing the amended Plans.

The purpose of the SPCC rule is to establish requirements for facilities to prevent a discharge of oil into navigable waters or adjoining shorelines. Deep water drilling, production or workover facilities are typically not subject to EPA jurisdiction and will not be impacted by this action.

Regulation: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule – Compliance Date Amendment (PDF) (22 pp, 144K, About PDF)

This unsigned copy of the SPCC Compliance Date Amendment rule is being provided until a signed copy of the rule is available. A link to the official rule will be made available here once it is published in the Federal Register.

“In the past, an agreement such as this would have been considered impossible,” said President Obama. “That is why this announcement is so important, for it represents not only a change in policy in Washington, but the harbinger of a change in the way business is done in Washington. As a result of this agreement, we will save 1.8 billion barrels of oil over the lifetime of the vehicles sold in the next five years. And at a time of historic crisis in our auto industry, this rule provides the clear certainty that will allow these companies to plan for a future in which they are building the cars of the 21st century.”

This groundbreaking policy delivers on the President’s commitment to enact more stringent fuel economy standards and represents an unprecedented collaboration between the Department of Transportation (DOT), the Environmental Protection Agency (EPA), the world’s largest auto manufacturers, the United Auto Workers, leaders in the environmental community, the State of California, and other state governments.

“The President brought all stakeholders to the table and came up with a plan to help the auto industry, safeguard consumers, and protect human health and the environment for all Americans,” said EPA Administrator Lisa P. Jackson. “A supposedly ‘unsolvable’ problem was solved by unprecedented partnerships. As a result, we will keep Americans healthier, cut tons of pollution from the air we breathe, and make a lasting down payment on cutting our greenhouse gas emissions.”

“A clear and uniform national policy is not only good news for consumers who will save money at the pump, but this policy is also good news for the auto industry which will no longer be subject to a costly patchwork of differing rules and regulations,” said Carol M. Browner, Assistant to the President for Energy and Climate Change. “This an incredible step forward for our country and another way for Americans to become more energy independent and reduce air pollution.”

A national policy on fuel economy standards and greenhouse gas emissions is welcomed by the auto manufacturers because it provides regulatory certainty and predictability and includes flexibilities that will significantly reduce the cost of compliance. The collaboration of federal agencies also allows for clearer rules for all automakers, instead of three standards (DOT, EPA and a state standard).

“President Obama is uniting federal and state governments, the auto industry, labor unions and the environmental community behind a program that will provide for the biggest leap in history to make automobiles more fuel efficient,” said Department of Transportation Secretary Ray LaHood. “This program lessens our dependence on oil and is good for America and the planet.”

“The President joins me in honoring these students for leading the way towards a brighter future for their communities and our planet,” said EPA Administrator Lisa P. Jackson. “In each of these amazing projects we see our country’s future for clean energy, preservation, healthy communities and a well-protected planet.”

The 10 individuals or teams of students who will be awarded are from Derry, N.H.; Pittsford, N.Y.; Moscow, Pa; Lewisville, N.C.; Chesterland, Ohio; Edmond, Okla.; Scottsbluff, Neb.; Provo, Utah; San Leandro, Calif.; and Kenai, Alaska.

These dedicated youth developed projects in both urban and rural settings that involved hundreds of community members, educators, policy makers and national celebrities in environmental science research, community recycling, wetlands and coastal ecosystem education and restoration, energy conservation and climate change education campaigns.

Winners were selected from among applicants to EPA’s 10 regional offices. Regional EPA panels judged the projects on environmental need, accomplishments of goals, long-term environmental benefits and positive impact on local communities. The panels also consider project design, coordination, implementation, innovation and soundness of approach.

PEYA has been presented annually since 1971 to honor students in kindergarten through 12th grade who design and implement innovative environmental projects.

More information on winners and project descriptions: http://www.epa.gov/peya/peya2008.html

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“As we work towards energy independence, using more homegrown biofuels reduces our vulnerability to oil price spikes that everyone feels at the pump,” EPA Administrator Lisa P. Jackson said. “Energy independence also puts billions of dollars back into our economy, creates green jobs, and protects the planet from climate change in the bargain.”

Increasing renewable fuels will reduce dependence of foreign oil by more than 297 million barrels a year and reduce greenhouse gas emissions by an average of 160 million tons a year when fully phased in by 2022. EISA will establish four categories of renewable fuels.

The new categories include:

· cellulosic biofuels;

· biomass-based diesel;

· advanced biofuels; and

· total renewable fuel.

In 2022, the proposal would require:

· 16 billion gallons of cellulosic biofuels;

· 15 billion gallons annually of conventional biofuels;

· 4 billion gallons of advanced biofuels; and

· 1 billion gallons of biomass-based diesel.

To achieve the volume requirements, each year EPA calculates a percentage-based standard that refiners, importers and blenders of gasoline and diesel must ensure is used in transportation fuel. For the first time, some renewable fuels must achieve greenhouse gas emission reductions compared to the gasoline and diesel fuels they displace. Refiners must meet the requirements to receive credit toward meeting the new standards.

The thresholds for new categories would be 20 percent less greenhouse gas emissions for renewable fuels produced from new facilities, 50 percent less for biomass-based diesel and advanced biofuels, and 60 percent less for cellulosic biofuels.

EPA also will conduct peer-reviews on the lifecycle analysis of the four renewable fuel categories. Lifecycle refers to the greenhouse gas emissions over the life of the fuels.

The 60-day comment period on this proposal will begin upon publication in the Federal Register. During the comment period EPA will hold a public workshop on lifecycle analysis to assure full understanding of the analyses conducted, the issues addressed and the options that are discussed.

More information: http://www.spccselfcert.com/?p=295 (Washington, D.C. – May 5, 2009) EPA is announcing next steps on two hazardous waste rules to respond to concerns raised by stakeholders: the Definition of Solid Waste rule and the Emission Comparable Fuels rule.

(Washington, D.C. – April 29, 2009) Chairman Oberstar, Ranking Member Mica, and Members of the Committee, thank you for the opportunity to appear before you today to discuss the U.S. Environmental Protection Agency’s (EPA’s) implementation of the American Recovery and Reinvestment Act of 2009 (Recovery Act).

As Members of this Committee well know, we are in the midst of one of the most severe economic crises our Nation has seen. In response, the President acted quickly with Congress to pass the American Recovery and Reinvestment Act. The purpose of the Recovery Act is to create and save jobs, jumpstart the economy, and build the foundation for long-term economic growth. The Recovery Act invests in projects that will modernize the nation’s critical infrastructure, encourage America’s energy independence, expand educational opportunities, increase access to healthcare, provide tax relief, and protect those in greatest need.

The Recovery Act provides $7.22 billion for specific programs administered by EPA: the Clean Water State Revolving Fund, Drinking Water State Revolving Fund, Superfund, Brownfields, Underground Storage Tanks, and Clean Diesel programs. The majority of these funds ($4.7 billion) are specified for programs under the jurisdiction of this Committee: the Clean Water State Revolving Fund ($4 billion), Superfund ($600 million), and Brownfields ($100 million). The programs targeted by EPA’s portion of Recovery Act funding address location-specific, community-based public health and environmental needs. Investing in these areas ensures that job creation, economic growth, and beneficial environmental results occur at the local level.

Of the $7.22 billion dollars thus far made available to EPA, we have already distributed 1.5 billion to 49 states, plus the District of Columbia and American Samoa. Of this figure, over $1.4billion has been obligated through the State Clean Water and Drinking Water State Revolving Funds, over $20 million through the Superfund program, and, over $86 million for the Clean Diesel Program. For the Leaking Underground Storage Tank funds, we are in the process of working with our state partners to meet requirements of the Act for the obligation of funds. In addition, Brownfields funding decisions will be made shortly.

Funding these programs will not only help our economic recovery, but they will protect and increase the number of green jobs, sustain communities, restore and preserve the economic viability of property, promote scientific advances and technological innovation, and ensure a safer, healthier environment. These programs were chosen carefully, both for their ability to put people to work and their environmental benefit. Grants and contracts are being awarded quickly, and progress and results will be monitored and reported in detail to ensure that American workers and taxpayers reap the economic and social benefits of these investments.

In order to meet the Recovery Act’s requirements for oversight, results, and unprecedented transparency, EPA has designated Craig Hooks, Acting Assistant Administrator of the Office of Administration and Resources Management, as its Senior Accountable Official. In this role, he has the responsibility and authority to lead and coordinate all Agency activities under the Recovery Act. A Stimulus Steering Committee comprised of senior managers from across the Agency is monitoring Recovery Act planning and implementation on a weekly basis. In addition, the Act provided EPA’s Office of the Inspector General (OIG) with $20 million for oversight and review.

To ensure that Recovery Act funds are managed and spent effectively, EPA is implementing the following accountability objectives: funds are awarded and distributed in a prompt, fair, and reasonable manner; recipients and uses of all funds are transparent to the public, the public benefits of these funds are reported clearly, accurately, and in a timely manner; funds are used for authorized purposes and instances of fraud, waste, error, and abuse are identified and addressed; projects avoid unnecessary delays and cost overruns; and program goals are achieved, including specific program outcomes and improved results on broader economic indicators.

EPA is undertaking a series of important steps to ensure that these accountability objectives are met. For example, EPA offices have ensured that internal financial and management processes expedite the flow of Recovery Act funds to qualified grant recipients and contractors. EPA will give funding preference to recipients with a demonstrated or clear potential ability to produce desired programmatic results, and for projects that can be started and completed expeditiously, will stimulate economic growth, and will achieve long-term public benefits. Transparency will be achieved through regular reporting to the Agency’s Recovery Web site, as well as the government-wide Recovery site. EPA has also developed quantifiable outputs, performance measures, and reporting requirements to ensure that funds are spent as directed and achieve the economic and environmental goals authorized by the Recovery Act. In order to avoid cost delays and overruns, EPA will implement its Stewardship Plan, which provides a framework for management of common risk areas. In addition, EPA will report on economic and environmental results achieved through the Recovery Act and will make these results available to the public through Recovery.gov.

Finally, as I mentioned earlier, EPA’s Office of the Inspector General (OIG) is committed to conducting performance audits, financial audits, and investigations in order to monitor the Agency’s adherence to its accountability objectives. The OIG is taking a number of actions to alert Agency managers of potential risks and is recommending cost effective controls to ensure accurate reporting and transparency while helping to prevent fraud, waste, and abuse. Our work is being closely coordinated with the Recovery Act Accountability and Transparency Board.

As the nation’s largest water quality financing program, the Clean Water State Revolving Fund (Clean Water SRF) supports the overarching goal of protecting aquatic systems throughout the country, including lakes, rivers, coastal water, and wetlands. Since 1987, the Clean Water SRF has provided over $68 billion through more than 22,000 individual loans. Projects include wastewater treatment, nonpoint source pollution control, and watershed and estuary management.

The Recovery Act provided the Clean Water SRF with $4 billion to help states finance high priority infrastructure projects needed to ensure clean water. As EPA works with our state and local partners to use these Recovery Act dollars in the most effective way, we must ensure a focus on the basic principles of pollution prevention and sustainability. We can build infrastructure that minimizes the environmental footprint we leave for future generations, and leverage these investments to maximize environmental progress.

One of the most exciting aspects of the Recovery Act is the requirement that the states allocate 20 percent of their SRF dollars to promote the implementation of green infrastructure, which represents an effective response to a variety of environmental challenges that is cost-effective, sustainable, and provides multiple desirable environmental outcomes. In addition, SRF funds should promote water and energy efficiency, and environmentally innovative projects, such as those that support low-impact development, water harvesting and reuse, and efforts to establish or restore riparian buffers, floodplains, wetlands and other natural features. These types of projects will support the development of a green workforce and can provide long-term benefits that exceed those associated with traditional infrastructure projects.

The Recovery Act also requires that, with limited exceptions and applied consistently with U.S. international obligations, funded projects use only iron, steel, and manufactured goods produced in the United States, a requirement that particularly affects SRF programs. EPA has worked closely with the Office of Management and Budget (OMB) to ensure that guidance on the “Buy American” provision can work within the structure of our existing programs. In addition, the Agency is working closely with industry and municipal representatives to gain a better understanding of the nature of needed equipment and materials and the costs involved in complying with the provision. We have made a great deal of progress on this issue, and guidance and procedures on the provision have been posted to the Agency’s Recovery Web site. However, we will need to closely monitor our implementation of this provision.

The Clean Water SRF program is committed to implementing the Recovery Act with accountability, oversight, and transparency. For Recovery Act grants, EPA is examining states’ Intended Use Plans (IUPs) with greater scrutiny, particularly in light of the Green Project Reserve requirement. In addition, the Agency is conducting on-site reviews of states managing Recovery Act funds on an ongoing, rather than annual, basis. EPA’s existing procedures, in addition to the new procedures being added specifically for Recovery Act funds, provide the Agency with assurance that funds are being used for their intended purposes in a timely and efficient manner.

To date, EPA has awarded over $1 billion in Recovery Act funds to Clean Water SRF programs around the country and nearly 30 states have submitted applications for Clean Water SRF funds.

Brownfields cooperative agreements facilitate the leveraging of economic investment and the creation and retention of jobs while helping to prevent, assess, safely clean up, and sustainably reuse Brownfields. Since 1995, grantees have leveraged more than $12.9 billion in federal, state, local, and private sector cleanup and redevelopment resources; leveraged more than 53,950 jobs; and supported assessments at more than 13,500 properties.

The Recovery Act provides $100 million for Brownfields projects. Cooperative agreements for the Assessment, Cleanup and Revolving Loan Fund (RLF) will be awarded under an existing competition to those applicants that rank highest on Brownfields statutory criteria.

These criteria are consistent with the Recovery Act goals; therefore, highly ranked proposals will demonstrate economic need, a commitment to environmental sustainability principles, project readiness, and job creation. In addition, EPA will award Brownfields Recovery Act funding for job training, targeted regional Brownfields assessment, and supplemental funding for existing RLF recipients.

To ensure oversight and accountability, EPA will continually monitor progress through the quarterly reports required of each grant recipient. In addition, beginning one year after the date of each award, EPA will administer a Recovery Act cooperative agreement review to ensure that recipients are making sufficient progress. The Brownfields Program is also committed to providing transparent information on the performance and progress of projects funded with Recovery Act funds.

Through continued federal, state and local partnership, the Brownfields Recovery Act funds will be used to allow problem properties to become productive assets in communities across the country.

The EPA Superfund program protects citizens from the dangers posed by abandoned or uncontrolled hazardous waste sites. Two-thirds of the sites listed on the National Priorities List (NPL) have had cleanup construction completed. In addition to completing construction on the remaining sites on the NPL, the program is focused on ensuring that these sites are ready to be returned to beneficial use by the community, putting both people and property back to work.

The Superfund remedial program has continued to evolve over the years. While the Agency has been able to achieve construction completion at two-thirds of our sites, there are remaining sites that require cleanups that will take decades to complete. In addition, new and challenging sites have been added to the NPL.

On April 15, 2009, EPA announced $600 million in Recovery Act funds for Superfund remedial activities at 50 sites in 28 states around the country. With this funding, EPA will continue Superfund program progress by starting new cleanup projects, accelerating cleanup projects already underway, increasing the number of workers and activities at cleanup projects, and returning sites to more productive use. I had the pleasure to announce the allocation of Superfund Recovery Act funds at the New Bedford Harbor site in Massachusetts which will provide a tremendous boost to the cleanup of New Bedford Harbor, significantly expediting the timetable to return a clean harbor back to the community.

Cleanup activities at Superfund sites receiving Recovery Act funds could also yield significant site-specific, non-environmental economic benefits, including improved site property values and job opportunities. Superfund sites are often located in the areas hardest hit by unemployment and downturns in the economy. EPA anticipates that the Recovery Act funding for the Superfund remedial program will leverage jobs in communities across the country while also increasing demand for construction materials such as steel and concrete.

EPA has developed an implementation plan that will obligate funds ahead of statutory requirements and we expect work to accelerate within the next month at many sites where construction is already underway.

EPA will report on the progress of the Recovery Act funding for the Superfund remedial program through program performance measures. In addition, the Agency established reporting mechanisms to collect the information necessary to ensure accountability and transparency. EPA will evaluate both Superfund resource utilization on a monthly basis and performance progress quarterly. Recovery Act resources will also be evaluated at mid-year and annual Superfund work planning meetings. EPA will provide transparent information on the performance, progress, and accomplishments of Superfund remedial activities by Recovery Act funds on Recovery.gov and the Agency’s own Recovery Act Web site.

EPA looks forward to working with this Committee, our federal, state, and tribal partners, and members of the public as we work to effectively implement the American Recovery and Reinvestment Act of 2009 with oversight, accountability, and transparency. Thank you again for inviting me to testify here today, and I look forward to answering any questions that you might have.

1. account for air emissions that are not released through a stack, vent or other confined air stream;
2. keep records on emissions; and
3. account for air emissions associated with fine particle pollution when obtaining a permit.

These reconsiderations are the most recent in a series of actions EPA has taken to ensure the NSR program protects clean air.

EPA is reconsidering these rules to ensure that the public has an opportunity to fully review any recent changes that would impact the implementation of NSR. Soon, EPA will publish a notice of proposed rulemaking in the Federal Register requesting comment on certain aspects of each of these three rules.

The NSR program is a preconstruction clean air permitting program for industrial facilities that provides important public health and environmental protection.

Contact Information: Cathy Milbourn, (202) 564-4355 / 7849 / milbourn.cathy@epa.gov

More information: http://www.epa.gov/nsr/actions.html

The proposed standards also would set emission limits for total hydrocarbons, particulate matter, and sulfur dioxide from cement kilns of all sizes, and would reduce hydrochloric acid emissions from kilns that are large emitters.

“We can save more than a thousand lives each year, sharply reduce mercury and other toxins in our air and water, and work with industry to encourage innovations and good ideas that are already out there,” said EPA Administrator Lisa P. Jackson. “Mercury and other chemicals flowing into these communities are health hazards for children, pregnant mothers, local residents and workers – people who deserve protection.”

Mercury in the air eventually deposits into water, where it changes into methylmercury, a highly toxic form that builds up in fish. Americans are primarily exposed to mercury by eating contaminated fish. Because the developing fetus is the most sensitive to the toxic effects of methylmercury, women of childbearing age and children are regarded as the population of greatest concern.

The majority of the toxic emissions at cement kilns come from the burning of fuels and heating of raw materials. When fully implemented in 2013, EPA estimates that this rule would reduce annual emissions by at least:

• Mercury – 11,600 pounds, a reduction of 81 percent
• Total hydrocarbons – 11,700 tons, or 75 percent
• Particulate matter – 10,500 tons, or 96 percent
• Hydrochloric acid – 2,800 tons, or 94 percent
• Sulfur dioxide – 160,000 tons, or 90 percent

EPA estimates the benefits of this proposed rule will significantly outweigh costs.

The proposal is in response to a request to reconsider the December 2006 emissions standards for Portland cement manufacturing facilities.

EPA will take public comments on the proposal for 60 days after publication in the Federal Register. EPA will hold a public hearing on the proposal if one is requested. Hearing requests must be received within 15 days of publication in the Federal Register.

Contact Information: Cathy Milbourn, (202) 564-4355 / 7849 / milbourn.cathy@epa.govMore information: http://www.epa.gov/ttn/oarpg/t3pfpr.html