Thursday, April 28, 2011

Posts for April 28, 2011

Shopfloor - Posted by: Alicia Meads
The National Association of Manufacturers and several other trade associations representing a broad range of industries petitioned the Environmental Protection Agency today for an immediate stay of the Boiler MACT rule affecting industrial boilers and the rule establishing stricter emissions limits on Commercial and Industrial Solid Waste Incineration Units (CISWI).
The petition is here.

As the broad range of industries supporting this stay – as well as EPA’s own impact analyses – make clear, these rules have the potential of doing economic harm by imposing enormous additional costs on key industrial sectors. The petition also states that the NAM and other associations intend to seek reconsideration of the rule and will soon provide the EPA with detailed reconsideration requests.

We believe that during the reconsideration process that the EPA must take the time to ensure that the rules achieve necessary environmental goals while minimizing the impact on U.S. competitiveness. Furthermore, even as the EPA takes that necessary time, it should not mandate that companies invest in potentially unnecessary compliance expenditures. During the period leading up to and including reconsideration — which could last a year or more — thousands of existing facilities would otherwise be forced to make major investments in compliance measures that ultimately may prove unnecessary.

The rules also immediately and adversely affect new facilities and force companies to make crucial decisions regarding plant upgrades or shutdowns, all of which may be undone depending on the reconsideration process. The NAM believes the EPA should stay the rules in their entirety until the reconsideration process is complete. This will give manufacturers the certainty they need to make investments in their businesses and create jobs.

Alicia Meads is the NAM’s director for energy and resource policy.



New York Times
The New York Times reports "more than two-thirds of the states expect to raise taxes on businesses this year" in order to replenish unemployment benefits funds. The Times says "stubbornly high unemployment" has "depleted the unemployment trust funds of most states: 32 of them owe the federal government more than $48.3 billion that they borrowed to continue paying jobless benefits."




SmartBrief on Leadership
Too many would-be innovators get stuck chasing after the incremental improvements suggested by market research and focus groups, writes Simon Rucker. It's far more effective to skip over what your customers say they want and focus on giving them what they truly need: bold, transformative ideas that take them to places they could never have dreamed up on their own. "No one ever asked for Starbucks, or Walkmans or iPods, or the Internet, or texting -- they were truly new ideas. And no amount of consumer research gave Steve Jobs the confidence to reimagine the music industry," Rucker notes. Harvard Business Review online/The Conversation blog




Today in Manufacturing
China's future as the biggest dog on the manufacturing block is not nearly as clear as many would have you believe, and its manufacturing sector continues to grow vulnerable ... continue




Today in Manufacturing
More Americans sought unemployment benefits last week, the second rise in three weeks, a sign the job market's recovery is slow and uneven ... continue




Quick Manufacturing News
A 7.9% cut in federal government spending, and a 3.3% cut in spending by local authorities, were factors in the slowdown. Click to continue




Today in Manufacturing
U.S. must step up efforts on renewable energy to compete with China and other countries for global leadership, Senate Majority Leader Harry Reid said ... continue



Today in Manufacturing
Economy slowed sharply in first three months of the year as high gas prices cut into consumer spending and bad weather delayed construction projects ... continue




Today in Manufacturing
Contrary to what economists say, the average citizen has intuited that manufacturing is the key to improving living standards and the overall health of the middle class ... continue



ADMINISTRATION PROPOSES MORE INDUSTRY REGULATION WITH JOINT GUIDANCE ON CLEAN WATER ACT
NAM Capital Briefing
On April 27, White House Council on Environmental Quality Chair Nancy Sutley, U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson, Agriculture Secretary Tom Vilsack, Interior Secretary Ken Salazar and Assistant Secretary of the Army Corps of Engineers Jo-Ellen Darcy hosted a series of conference calls with the press and stakeholders to discuss the Administration’s Clean Water Act guidance. The joint guidance expands the definition of the “waters of the United States”—and by extension the EPA’s and the Corps’ jurisdiction over these bodies of water. Ultimately, this guidance serves as nothing but the continuation of the Administration’s burdensome environmental agenda that has been overwhelming manufacturers as they try to recover from the recession. The NAM is concerned this guidance will place even more unnecessary burdens on manufacturers and intends to file comments opposing this effort.



NAM POLICY EXPERT DISCUSSES MANUFACTURING STRATEGY WITH TECHNOLOGY THINK TANK
NAM Capital Briefing
NAM Senior Vice President for Policy and Government Relations Aric Newhouse spoke at the Information Technology and Innovation Foundation (ITIF) on Tuesday, April 26, about enhancing America’s manufacturing competitiveness. Newhouse highlighted the NAM’s “Manufacturing Strategy for Jobs and a Competitive America” and emphasized the need to lower the corporate tax rate, eliminate unnecessary health care costs and remove burdensome regulations on manufacturing companies to help the United States compete with countries around the world. Joining the NAM in presenting at the event was the CEO of a small manufacturing company headquartered in Maryland and an official from the U.S. Department of Commerce.



NAM JOINS IN EXPERT TESTIMONY SUIT
NAM Capital Briefing
Questionable science in the courtroom makes defending product liability suits more difficult for manufacturers. A case now on appeal to the Supreme Court of Pennsylvania involves testimony claiming that any exposure to asbestos on the job, no matter how small, is a “substantial factor” in causing mesothelioma. The NAM and other groups filed an amicus brief urging the court to reject testimony based on this “any exposure” theory, which contrasts sharply with normal causation testimony. The trial court called the theory “junk science,” as have many other courts, but an intermediate appellate court reversed because the judge did not constrain his ruling strictly to the arguments made by the defendants.


Jim Hotlkamp, Esq. Holland and Hart



ENVIRONMENTAL COMPLIANCE; ENERGY; OIL & GAS - EPA Issues Guidance
Documents on Underground Injection Wells Used for Carbon Sequestration EPA has issued four draft guidance documents intended to assist well owners implement EPA's geologic sequestration regulation which established a new class of underground injection wells for carbon dioxide storage. click here to read more

TAX; ENERGY; CONSTRUCTION - New Mexico Enacts Tax Provision to Encourage CCS and Construction of Generation FacilitiesOn April 7, Governor Martinez signed H.B. 440, which amends provisions of the New Mexico state tax laws to provide for the deduction of to “advanced energy costs” from gross receipts. The purpose of the measure is “to encourage the construction and development of qualified generating facilities in New Mexico and to sequester or control carbon emissions.” click here to read more

ENVIRONMENTAL COMPLIANCE; ENERGY - EPA and Utah DEQ Differ on CO2 Controls for New Power PlantIn comments on the proposed Approval Order (major source air permit) by the Utah Department of Environmental Quality ("DEQ") for PacifiCorp's proposed Lake Side gas-fired power plant, EPA criticizes DEQ for not setting numeric emission limitations for CO2 emissions from the plant. DEQ had made a finding that requirements for efficient turbines satisfy EPA guidance on Best Available Control Technology for major sources of greenhouse gases. click here to read more

LITIGATION; ENVIRONMENTAL COMPLIANCE - Climate Change Litigation—U.S. Supreme Court Hears Oral Argument in Global Warming Public Nuisance CaseOn April 19, the United States Supreme Court heard oral arguments in American Electric Power Co. v. Connecticut. The case, on appeal from the Second Circuit, will determine whether industries that emit greenhouse gases can be sued under a federal common law theory of public nuisance. See Holland & Hart's March 2011 Climate Change Newsletter. The issues in this appeal address the standing of the plaintiffs, the scope of the court's jurisdiction under the political question doctrine, and the extent to which the federal common law claims are displaced by the Clean Air Act. click here to read more

ENVIRONMENTAL COMPLIANCE; ENERGY - California to Study CCS for Gas-Fired Power PlantsThe California Energy Commission ("CEC") has approved a $1 million grant to Stone & Webster, Inc. to "evaluate the technical design considerations and ability to capture carbon dioxide (CO2) from natural gas combined cycle power plants" and to estimate the costs and impacts from deploying carbon capture and sequestration ("CCS") at gas plants, according to the CEC staff paper. The funding for the study comes from a U.S. Department of Energy grant. click here to read more

ENDANGERED SPECIES - Notice of Intent to Sue Fish & Wildlife Service to List Pacific Walrus as Endangered Species On April 21, 2011, the Center for Biological Diversity notified the U.S. Fish & Wildlife Service of its intent to sue the agency to force the listing of the Pacific walrus as an endangered species due to shrinking Arctic sea ice. click here to read more

GOVERNMENT RELATIONS; ENERGY; ENVIRONMENTAL - Washington, D.C. UpdateAs the GHG battles progressed in the first week of April, four different amendments to spending bills limiting EPA's rulemaking authority were proposed in the Senate. Although 64 Senators voted in favor of at least one of the proposals, there were not enough votes for any single amendment to stop the Agency from regulating GHG. The offered amendments were significantly different from each other, and the ideological and political divisions among the bills' supporters made it difficult to forge an agreement on any single proposal. click here to read more

WATER LAW; LAND USE; ENERGY - Report to Congress Projects Water Shortages in WestA report released April 25 by the U.S. Department of the Interior projects significant water shortages in western U.S. water basins due to climate change. The report, "SECURE Water Act Section 9503(c)—Reclamation Climate Change and Water 2011," was submitted pursuant to the SECURE Water Act of 2009. The report projects that the Columbia and Missouri River basins will become wetter during the 21st century, while the San Joaquin, Truckee and Rio Grande and Middle to Lower Colorado River Basins will become drier, with reductions in stream Flows of 8 to 12 percent. click here to read more

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