November 24, 2010

Certified Water Efficiency Homes WaterSense Certification

EPA has recognized the first WaterSense labeled homes in the country. WaterSense is a partnership program sponsored by EPA that seeks to promote water efficiency. The program helps homebuyers cut water and energy use and reduce utility bills. Four WaterSense labeled new homes have been built by KB Home in Roseville, California, and will save an average of 10,000 gallons of water and at least $100 on utility costs each year.

Each house includes WaterSense labeled plumbing fixtures, an efficient hot water delivery system, water-efficient landscape design, and other water and energy-efficient features. Each WaterSense labeled new home is independently inspected and certified to ensure EPA’s criteria are met for both water efficiency and performance. A WaterSense labeled new home is built to use about 20 percent less water than a typical new home.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

November 4, 2010

Petition Denied To Ban Lead Fishing Tackle

EPA has denied the petition calling for a ban on the manufacture, use and processing of lead in fishing gear. EPA determined that the petitioners had not demonstrated that the requested rule is necessary to protect against an unreasonable risk of injury to health or the environment, as required by the Toxic Substances Control Act (TSCA). Considering the increasing number of limitations on the use of lead fishing gear on some federal and state lands, as well as various education and outreach activities, EPA questioned whether a national ban on lead in fishing gear would be the least burdensome, adequately protective approach to address the concern, as required under TSCA. EPA also notes that the prevalence of non-lead alternatives in the marketplace continues to increase.

On August 3, 2010, the American Bird Conservancy and a number of other groups petitioned EPA under Section 21 of the Toxic Substances Control Act (TSCA) to "prohibit the manufacture, processing, and distribution in commerce of lead for shot, bullets, and fishing sinkers." On August 27, 2010, EPA denied the portion of the petition relating to lead in ammunition because the agency does not have the legal authority to regulate this type of product under TSCA.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

September 24, 2010

SBA Modifies Environmental Review Policy

The U.S. Small Business Administration (SBA) has released the new version of the agency's SOP 50 10 5. The new policy, SOP 50 10 5(C), replaces its predecessor SOP 50 10 5(B), and will apply to all applications for 7(a) or CDC loans received by the SBA on or after October 1, 2010. The new revision includes several modifications to SBA's due diligence requirements.

Changes to the SBA's environmental policies include:

  • The only change to the NAICS code list of environmentally sensitive industrial classifications is to clarify that 8123 "laundry & dry cleaning services" applies "if dry cleaning operations have ever existed on site," not just to current operations;
  • For small loans of $150,000 or less, if the Environmental Questionnaire determines that further investigation is warranted, the lender must obtain a Records Search with Risk Assessment (RSRA) by a qualified Environmental Professional (this replaces a Transaction Screen requirement);
  • Within the unique requirements for gas station loans, the SBA eliminated the requirement that only Professional Engineers or Professional Geologists with three years of experience could conduct Phase Is on gas station sites;
  • Any Phase II ESA performed in connection with an on-site dry cleaning facility must be conducted by an independent Environmental Professional who holds a current Professional Engineer's or Professional Geologist's license and has three years of relevant experience; and
  • The only change to the SBA's standard Reliance Letter that must accompany all Transaction Screen, Phase I and Phase II ESA reports was to add the words in bold at the end of the Phase II language as follows: "A Phase II...conducted in accordance with generally-accepted industry standards of practice and consisting of a scope of work that would be considered reasonable and sufficient to identify the presence, nature and extent of a Release as it impacts the Property."

Caltha LLP assists Sellers, prospective Buyers and their Lenders in Ohio in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website


August 10, 2010

Emission Limits for Portland Cement Manufacturing

U.S. Environmental Protection Agency (EPA) is issuing final rules on emissions of mercury, particle matter and other pollutants from Portland cement manufacturing. Rules set the first limits on mercury air emissions from existing cement kilns, lowers the limits for new kilns, and sets emission limits on acid gases. This final rule also limits particle emissions from new and existing kilns, and sets new-kiln limits for particle and nitrogen oxides and sulfur dioxide.

When fully implemented in 2013, EPA estimates the annual emissions will be reduced:

•Mercury – 92 %
•Total hydrocarbons – 83 %
•Particulate Matter – 92 %
•Acid gases – 97 %
•Sulfur dioxide (SO2)– 78 %
•Nitrogen oxides (NOx) – 5 %

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

July 9, 2010

Lead Renovation, Repair & Painting Rule Training Requirement

In April 2008, USEPA issued the Lead Renovation, Repair and Painting (RRP) Rule. The RRP rule requires certification of training providers and lead-safe work practice certification for individuals involved in the construction and remodeling industry. Because of concern that contractors in some areas may be having difficulty accessing training classes, EPA recently announced that it is providing renovation firms and workers additional time to obtain training and certifications to comply with the new lead rules. EPA will not take enforcement action for violations of the rule’s firm certification requirement until October 1, 2010, and will not enforce certification requirements against individual renovation workers if they apply to enroll in certified renovator classes by September 30, 2010 and complete the training by December 31, 2010.

The agency has indicated that it will continue to take enforcement actions against renovation firms and individuals who do not comply with the RRP work practices and associated recordkeeping requirements. The lead-safe work practices include dust control, site clean up and work area containment.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at

info@calthacompany.com

or Caltha LLP Website

June 22, 2010

HUD Environmental Review - Environmental Assessment Requirements

The U.S. Department of Housing and Urban Development (HUD) requires environmental reviews for housing projects to be completed prior to approval of financial assistance. The objective of the review process is to ensure that due diligence has been undertaken in identifying potential impacts, including both environmental and non-environmental impacts, associated with projects that use HUD funds.

The HUD Environmental Review process is driven by two regulations: 24 CFR Part 50 and 24 CFR Part 58. Part 50 pertains to the Department of Housing and Urban Development and those entities that have legal responsibilities to the Secretary of the Interior and Part 58 pertains to those entities that do not have legal responsibilities to the Secretary (e.g., community housing and “faith-based” organizations).

The level or extent of the HUD Environmental Review is dependant on the type of proposed work, the number of units, or a percentage of total area can be a threshold. Under both Part 50 and Part 58, exemptions, categorical exclusions, documented categorical exclusions exist.

Caltha LLP provides expert consulting services to public sector and non-profit sector clients around the county to address HUD Environmental Review and HUD Environmental Assessment requirements.

Caltha Environmental Review Website

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

June 9, 2010

EPA Withdraws Emission Comparable Fuels Rule

EPA has withdrawn the Emission Comparable Fuels (ECF) Rule, which had been finalized in December 2008. The ECF rule sought to reduce regulatory burdens by reclassifying fuels that would otherwise be regulated as hazardous waste, but generate emissions similar to fuel oil when burned.

Due to difficulty of ensuring that emissions from burning ECF are comparable to emissions from burning fuel oil, EPA has now withdrawn the rule. The ECF rule was criticized for potentially allowing hazardous waste to evade the hazardous waste regulatory system, and for being difficult to administer. Industry members have also criticized it because of the detailed conditions for reclassification, which they believe will limited the rule’s use.

Caltha LLP provides expert environmental consultant services in Ohio to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website