Government to Propose Truck Fuel Efficiency Rules

(Ken Thomas — Associated Press via MSNBC)

Plan is expected to seek about a 20 percent reduction in greenhouse gas emissions and fuel consumption
Future tractor-trailers, school buses, delivery vans, garbage trucks and heavy-duty pickup trucks must do better at the pump under first-ever fuel efficiency rules coming from the Obama administration.

The Environmental Protection Agency and the Transportation Department are moving ahead with a proposal for medium- and heavy-duty trucks, beginning with those sold in the 2014 model year and into the 2018 model year. Read more here.

Agencies Work Together to Protect the Public from Unsafe Imports

(CBP)

Participants included executives from the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Animal and Plant Health Inspection Service; the U.S. Consumer Product Safety Commission; the Environmental Protection Agency; the Food and Drug Administration; the Food Safety and Inspection Service; the National Highway Traffic Safety Administration; the National Marine Fisheries Service and Department of Homeland Security agencies U.S. Customs and Border Protection and Immigration and Customs Enforcement.

The agency leaders affirmed their commitment to import safety by agreeing to six key principles of import safety, providing a foundation for further collaboration and cooperation among the agencies charged with protecting American consumers from unsafe imports. The principles call for:

1. The creation of an interagency forum of senior representatives dedicated to import safety cooperation;
2. Continued commitment to information sharing across federal agencies involved in import safety concerns;
3. Enhanced efforts to help the private sector comply with import safety requirements;
4. Development of common systems to exchange information;
5. Strong, consistent enforcement measures to deter imports of unsafe products; and
6. The use of risk-management strategies to streamline lawful trade.

In addition to discussing the principles, participating agencies agreed to an interagency memorandum of understanding which will improve targeting and enforcement efforts at the Commercial Targeting and Analysis Center, a fusion center for agencies to share targeting resources, analysis and expertise to achieve the common mission of protecting American consumers from unsafe imports.Agency heads and other senior leaders from 10 federal agencies met today [October 21] at the Interagency Import Safety Conference to focus on efforts to protect the health and safety of the American consumer and the environment from unsafe imports.

EPA Sets Out New Import Restrictions on 25 Chemical Substances

(World Trade Interactive)

The Environmental Protection Agency has issued significant new use rules under the Toxic Substances Control Act for 25 chemical substances that were the subject of premanufacture notices. This action requires persons who intend to import, manufacture or process any of these 25 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. This notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

This rule will become effective as of Nov. 20. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before Oct. 30.

Only A Few Weeks Left For OEMs Exporting To The US

(EngineerLive)

Time is now running out for orginial equipment manufacturers (OEM) that export equipment to the North American continent. The Energy Independence and Security Act (EISA) of 2007, comes into effect on 19th December this year throughout the USA. Canada is also adopting such legislation that will go into effect on the 1st January 2011, governing the efficiency of electric motors incorporated into all machinery.

The act will replace the current EPAct legislation which has been in force since 1997 and covers low voltage, “General Purpose” 3-phase electric motors from 1-200HP (0.75 - 150 kW). It will enforce a rise in the minimum efficiency of these machines from NEMA Energy Efficient to NEMA Premium Efficient. The new law will go further as it also encompasses motors not previously within the EPAct scope. The result is that almost all low voltage, 3-phase electrical induction motors will be covered by this new legislation. It can be summarised as follows:

- 1-200 HP General Purpose motors currently covered by EPAct will change from NEMA Energy Efficient to NEMA Premium Efficient.

- 1-200 HP motors not covered in point 1 above will comply with NEMA Energy Efficient.

- 201-500 HP motors will comply with NEMA Energy Efficient.

The new EISA legislation is very broad in its coverage (contrary to the EU’s new legislation), as it encompasses virtually all types of low voltage, 3 phase motor such as Explosion proof; Severe Duty; Vertical duty; 2, 4, 6 and 8 pole; Brake motors; all mounting types and any frame type, NEMA or IEC metric.

By the end of this year, almost all low voltage, 3-phase electric motors exported to the US and Canada will be subject to new legislation. Therefore, it would be wise to be ready for this and review any machinery designs that incorporate such motors as soon as possible. Read more here.

Congress Introduces Landmark Chemical Control Reforms

(World Trade Interactive)

“America’s system for regulating industrial chemicals is broken” – Frank Lautenberg (D-NJ), Chairman of the Subcommittee on Superfund, Toxics and Environmental Health of the Senate Committee on Environment and Public Works

[Friday] Congress revealed its initial plan to reform the Toxic Substances Control Act. TSCA is the primary law with which the Environmental Protection Agency regulates chemicals in U.S. commerce. It has not been updated since its enactment in 1976. While a full bill was introduced in the Senate by Frank Lautenberg (D-NJ), the House released a discussion draft which will be worked on in the coming months by a broad group of stakeholders including government, industry and non-governmental organizations.

The Lautenberg bill and the House draft reflect congressional priorities such as:

• requiring manufacturers to provide minimum data on chemicals

• requiring EPA to prioritize a list of hazardous chemicals

• creating a public database of information about priority chemicals

• creating incentives to promote green chemistry

Pending House Bill Would Require Foreign Manufacturers to Consent to Jurisdiction in U.S. Courts

(Lexology – Charles E. Joern, Holland & Knight LLP)

On February 24, 2010, a bill was introduced in the U.S. House of Representatives that would require foreign manufacturers of certain products imported into the United States to establish registered agents in this country who are authorized to accept service of process against such manufacturers. Of particular importance is the provision of the bill establishing that by registering an agent, the foreign manufacturer would thereby consent to personal jurisdiction of the state and federal courts in the state where the agent is located. This consent would be for the purposes of any civil or regulatory proceeding. […]

Under the legislation, the heads of the Food and Drug Administration, the Consumer Product Safety Commission and the Environmental Protection Agency would be charged with requiring foreign manufacturers or producers to establish the registered agents in a state with a “substantial connection” to the importation, distribution or sale of their products. The bill does not define or provide guidance as to just what constitutes a substantial connection to a state where a product is imported, distributed or sold. Read more here.

EPA Makes Chemical Information More Accessible to Public

(CBP)

For the first time, TSCA chemical inventory free of charge online

As part of Administrator Lisa P. Jackson’s strong commitment to increase information on chemicals, for the first time, EPA is providing web access, free of charge, to the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. This inventory contains a consolidated list of thousands of industrial chemicals maintained by the agency. EPA is also making this information available on Data.Gov, a website developed by the Obama Administration to provide public access to important government information. This action represents another step to increase the transparency of chemical information while continuing to push for legislative reform of the 30 year old TSCA law.

“Increasing the public’s access to information on chemicals is one of Administrator Jackson’s top priorities,” said Steve Owens, assistant administrator for EPA’s Office of Prevention, Pesticides and Toxic Substances. “The American people are entitled to easily accessible information on chemicals, and today’s action is part of a series of ongoing steps that EPA is taking to empower the public with this important information.”

Until now, the consolidated public portion of the TSCA Inventory has only been available by purchase from the National Technical Reports Library or other databases. By adding the consolidated TSCA Inventory to the Agency’s website and to Data.Gov, EPA is making this information readily available to the public at no cost.

Read more here. For information about EPA’s increasing transparency on chemical risk information click here and for access to the entire TSCA Inventory, please visit here.

Buy American Waiver Granted for “De Minimis” Parts in Rural Water Projects

(WaterWorld)

The Rural Utilities Service (RUS) of the U.S. Department of Agriculture has issued a nationwide waiver under the stimulus program’s “Buy American” clause for incidental components of eligible water infrastructure projects. This action permits the use of nondomestic iron, steel and manufactured goods when they occur in de minimis incidental components that may otherwise be prohibited under Buy American clause of the American Recovery and Reinvestment Act of 2009.

RUS defined “de minimis incidental components” to mean those components that cumulatively comprise no more than a total of 5% of the total cost of the materials used in a project funded in whole or in part with ARRA assistance.

This action is similar to a waiver previously granted by the U.S. EPA for water infrastructure projects across the country.

RUS received $1.38 billion in ARRA funds for use in providing loans and grants to rural communities to meet their water and wastewater infrastructure needs. While the money has been obligated to specific projects in compliance with the Fiscal Year 2009 deadline of September 30, it could be years before these projects actually are designed and go to construction.

(Ed. WaterWorld ... Who knew?)

Buy American Lives on as Environmental Protection Agency Talks Tough

(The Canadian Press – Lee-Anne Goodman)

Opponents of the Obama administration’s so-called Buy American provisions are working furiously this summer under a Canadian deadline, trying to convince legislators to do something about the protectionist measure before a full-fledged trade war erupts.

Their efforts come despite recent Environmental Protection Agency directives reminding local utilities that they need not concern themselves with NAFTA obligations as the federal watchdog also issued stern warnings about Buy American non-compliance.

“We’re all under the Canadian clock,” Dawn Christof-Champney, president of the Waste and Wastewater Equipment Manufacturers Association, said Monday. Champney was referring to the 120-day deadline issued by the Federation of Canadian Municipalities on June 6. It gives the U.S. 120 days to exempt Canada from the Buy American provisions in President Barack Obama’s $787 billion economic stimulus package, or Canadian municipalities will begin shutting out U.S. firms from bidding on local contracts.

Various stakeholders opposed to Buy American, including blue-chip American corporations, recently made submissions to the White House Office of Management and Budget, or OMB, the department handling the stimulus package. They urged a reversal of the policy. “We all poured most of our energy into submitting our views,” Champney said.

Submissions in hand, the Obama administration will now write the final rules on how to implement Buy American. A spokesman for the OMB said recently the legislation is expected to be tweaked, “but to what extent and how significantly, that remains to be seen.” Read more here.