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The Magazine for Environmental Managers May 2016

Insights from

COP-21

UNMASKING THE INDUSTRIALRENAISSANCE

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Join 1500 global environmental professionals at the Air & Waste Management Association’s109th Annual Conference & Exhibition in New Orleans for the industry’s most comprehensiveevent on environmental technology and regulation.

This year’s technical program will focus on meeting the environmental challenges of newand expanding industrial activity that has been, and will continue to be, experienced as aresult of increased supply and lower prices of natural gas.

Here’s just a few of the Top 10 reasons you don't want to miss ACE this year:• Keynote Presentation by A. Stanley Meiburg, Acting Deputy Administrator, US EPA• 46th Annual Critical Review on Emissions from Oil and Gas Operations• Over 400 research, technology, and compliance• Networking events and expanded exhibit hours• Your four days at ACE could be the most valuable all year for your company and your career

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Association News

Message from the President: Here’s to Many More ‘Super Blooms’in Death Valleyby Brad Waldron

2016 Annual Conference Preview:

Top 10 Reasons to Attend

Professional Development Course Offerings

Columns

Etcetera: DC Court Ruling Likely to Impact Superfund Cleanups Nationwideby Anthony B. Cavender

Departments

Washington Report

News Focus

Canadian Report

Calendar of Events

JA&WMA Table of Contents Vol. 66, No. 5

Table of Contents

em • The Magazine for Environmental Managers • A&WMA • May 2016

COP-21: ‘The Paris Agreement Is Perhaps the Most Important Development in International Climate Policy To Date.’EM interviewed an on-site business observer familiar with the electric power sector.

COP-21: ‘The Most ProgressiveMeeting of Its Kind in History’EM interviewed Larry “Butch” Brown,Mayor of Natchez, Mississippi, who waspart of a four-mayor delegation.

COP-21: ‘Article 6 of the ParisAgreement Is Most Important for Environmental ProfessionalsWorking to Reduce Carbon Emissions’EM interviewed G. David Ungar, Managing Director of Global Capital Finance America, LLC.

Insights from COP-21The 21st annual session of the Conference of the Parties (COP-21) was held in Paris, France in December. The conference negotiated the Paris Agreement, a global accord on the reduction of climate change, the text of which represented a consensus of the representatives of the 196 Parties attending the conference.

The below articles include interviews with Observers from key stakeholder groups conducted in December 2015 and January2016 on behalf of EM by Gary Bramble, a long-time member of EM’s Editorial Advisory Committee and past COP Observer.The interviews offer insights into the development of the Paris Agreement and its importance.

Features

Message from the President


April showers bring May flowers—I think that’s how the oldexpression goes. Living in the desert, it is easy to forget. Herein Las Vegas, I see less rain in one year than I used to see ina couple of days when I lived in Pittsburgh. But 2016 is trulyoff to a unique start.

While writing this, there is an event called a “Super Bloom”(see http://www.scientificamerican.com/video/death-valley-super-bloom-is-a-rare-desert-wildflower-show/) going on inDeath Valley, California, just a couple of hours away. A“Super Bloom” is where, under the right conditions, thedesert becomes carpeted with wildflowers. Apparently, it only happens in El Niño years, and even then, there are other weather phenomena that have to occur. In any case,these events don’t happen often, and there are already fearsthat this could be one of the last ever. I will be making a tripto see it in person; not because it has been a lifelong goal, as I had never heard of it until it made news, but because we have to recognize that with the rate at which our planet is changing, there may be a lot of things that don’t happen anymore.

Don’t you wish you could make a list of the lasts? So that youwere sure to see them one more time recognizing that youneed to capture every detail in your mind for future refer-ence? Given the nature of climate change, we can’t state thatthings won’t ever happen again, but they likely won’t be asregular as they were in the past. How do we plan for that?How do we tell our children about the experiences of ourpast, knowing that there is a strong probability that they willnever enjoy those things for themselves?

So what can we do to make a difference? Certainly, one personcan’t change everything. But each person can change thingsthat they do, and if we all do that the results will develop. Noone can definitively state what will happen if we all stoppedsome action tomorrow—there are simply too many variablesto accurately predict anything—but what we do know is thatevery person makes a difference.

The actions can be little things. I don’t use disposable cupsanymore; I carry a stainless water bottle and a refillable coffeecup with me everywhere, even when I travel. I keep reusablegrocery bags in my car. I live in an energy-efficient home withintelligent thermostats; the lights are off unless a room is occupied. The yard is xeriscaped (i.e., landscaping that reduces or eliminates the need for supplemental water fromirrigation). And I have pledged to do all snow removal byhand—a fairly painless task here in the desert. But I’m notperfect. I don’t drive an electric car. I don’t use public transitregularly. I travel a lot for work. And buying local food isquite limiting.

Does that make me a bad or selfish person? Maybe, but I’m making a conscious effort. More importantly, so are mychildren. The biggest difference I can make is encouragingothers to do something too. My children are easy; they’reyoung and haven’t developed bad habits, but they can influence their friends. It gives me hope that as the worldchanges, we will change with it. And maybe my kids will get to see a second “Super Bloom” in Death Valley. em

by Brad Waldron » [email protected]

Here’s to Many More

‘Super Blooms’in Death Valley..

2016 Specialty Conference Call for Abstracts Submit your ideas by May 2, 2016

IT3/HWC 35th International Conference on Thermal Treatment Technologies and Hazardous Waste Combustors October 4-6, 2016 • Baton Rouge, LA

This conference provides a forum for the discussion of state-of -the-art technical information, regulations, and public policy on thermal treatment technologies and their relationship to air emissions, greenhouse gases, and climate change.

Abstracts are sought on new information on topics including: Thermal Treatment Applications –Municipal and Industrial; Waste-to-Energy, Renewable Energy, and Biomass Applications; Greenhouse Gas Management and Sustainability; Permitting and Regulatory Policy Issues; Plant Level Operational Issues; Pollution Control Technologies; and Combustion Science.

Get details at http://it3.awma.org and submit your abstract by May 2.

Vapor Intrusion, Remediation, and Site ClosureBalancing Technical Defensibility, Risk, Sustainability, and Costs December 7-8, 2016 • San Diego, CA

Building on seven previous events in which the VI pathway was thoroughly in focus, this conference brings together internationally-recognized experts with experience in getting sites to closure in a technically defensible way, while also balancing key elements such as risk, sustainability concerns and cost drivers.

Abstracts are being sought which demonstrate innovative, scienti�c approaches for site investigation and remediation, including those with a vapor intrusion component.

Find submission requirements at http://siteclosure.awma.org and submit your abstract by May 2.

Atmospheric Optics: Aerosols, Visibility, and the Radiative BalanceSeptember 27-30, 2016 • Jackson Hole, WY

Discover advances in the scienti�c understanding of the e�ects of aerosols on urban, regional, and global-scale haze and the radiative balance at this international conference.

Presentations are invited on atmospheric optical properties, visibility, radiative forcing, aerosols, and climate and the related air pollutants. Speci�c topics may include, but are not limited to: Field Studies and Monitoring Networks; Measurement of Secondary Aerosols; Characterizing Visual Air Quality; Global Aerosol Radiative E�ects; Particle and Precursor Emissions and Ambient E�ects; and Policy, Regulatory, and Economic Issues. Abstracts due by May 2.

For conference and abstract submission information, go to http://visibility.awma.org.

Organized in partnership with the Waste-to- Energy Research and Technology Council (WTERT) and the Earth Engineering Center|CCNY

Cover Story: COP-21 Insights


Insights from the21st Annual Conferenceof the Parties (COP-21)

Cover Story: COP-21 Insights


The 2015 United Nations’ Climate Change Conferencewas held in Paris, France, from November 30 to December12, 2015. It was the 21st annual session of the Conference of the Parties (COP-21) to the 1992 United Nations Frame-work Convention on Climate Change (UNFCCC) and the11th session of the Meeting of the Parties to the 1997 Kyoto Protocol.

The conference negotiated the Paris Agreement (see “The Paris Agreement” below), a global agreement on the reduction of climate change, the text of which represented aconsensus of the representatives of the 196 parties attendingthe conference. The agreement will become legally binding if

joined by at least 55 countries, which together represent atleast 55 percent of global greenhouse emissions. Such partieswill need to sign the agreement in New York between April22, 2016 (Earth Day) and April 21, 2017, and also adopt itwithin their own legal systems (through ratification, acceptance,approval, or accession).

The following three articles include interviews with Observersfrom key stakeholder groups conducted in December 2015and January 2016 on behalf of EM by Gary Bramble, a long-time member of EM’s Editorial Advisory Committee and pastCOP Observer. [Editor’s Note: The interviewees were giventhe option of providing insights anonymously.] em

The Paris Agreement was adopted on December 12, 2015, and includes the following key elements:

• Establishes the first-ever universal framework for addressing greenhouse gas emissions involving actions by all nations, amajor step for developing countries.

• Enshrines the concept of nationally determined contributions (NDCs)—in which each nation defines the GHG commitment it can make—and sets in place a process for increasing those commitments every five years.

• Contains a global goal of holding the increase in the global average temperature “to well below 2 °C above pre-industriallevels and to pursue efforts to limit the temperature increase to 1.5 °C above pre-industrial levels.”

• Establishes a global stocktaking process, to begin in 2023, to assess progress towards meeting the purpose of the Agreementand the long-term goals.

• Establishes frameworks for transparency of action and support, which includes reporting requirements designed to provideclarity in tracking the progress of Parties in achieving their NDCs and their provisions of support, including financing.

• Allows for Parties to engage in the voluntary use of “cooperative approaches” in meeting their NDCs, including the use ofmarkets through:

- Emissions trading (known as “internationally transferred mitigation outcomes”); and

- Creation of a mechanism to support sustainable development for projects undertaken in a host country that help another country meet its NDC (similar to the clean development mechanism established under the Kyoto Protocol).

The Paris Agreement

COP-21: Insights from an industry Observer


COP-21

EM interviewed an on-site business observer from the COP-21

climate meetings in Paris familiar with the electric power sector.

‘The Paris Agreement Is Perhaps the Most ImportantDevelopment in International Climate Policy To Date.’

Note: This interview took place before thestay ruling by the U.S. Supreme Court.

Image Source: https://www.flickr.com/



EM: How would you summarize the Paris Agreement?Observer: The Paris Agreement—which contains bindingprovisions—and related 20-page COP decision, which is non-binding, wove a delicate and balanced path in address-ing the final key issues and country demands, such as lossand damage, financing, differentiation, and the global goal.

For example, both documents contain numerous referencesto Parties acting in their “common but differentiated responsi-bilities” or to “equity,” and soften some of the developingcountry requirements in reference to the global goals and reporting processes, which were key demands for large developing countries. The reference to the 1.5-°C temperatureincrease limit met a key demand by small island developingstates. The inclusion of an Article on loss and damage wasimportant for many developing countries, while language inthe related COP decision noting that the Article did not

establish any basis for liability or compensation was an important provision for developed countries.

Similarly, the Agreement highlights the importance of developedcountries providing additional sources of financing, while makingthe provisions non-binding. Developing countries in theirclosing statements noted their disappointment that while theyhad agreed to reduction commitments, the final Agreementdid not contain binding financial commitments for developedcountries, and highlighted the importance of developedcountry support if developing countries are to make significantprogress in reducing emissions.

In summary, the Paris Agreement is perhaps the most importantdevelopment in international climate policy to date. By estab-lishing a new global framework involving bottoms-up efforts byall Parties according to their abilities, and differentiating actionsnot on an artificial divide but based on national capabilities,

the Paris Agreement potentially lays a new, long-lastingframework for actions by all nations to address greenhousegas (GHG) emissions.

How does the Paris Agreement impact the U.S. electric utility industry? For electric utilities, GHG reduction efforts for the foreseeablefuture will be governed by the Clean Power Plan (CPP), whichis a key element of the initial U.S. nationally determined con-tribution (NDC) of achieving a 26–28-percent economy-widereduction in GHGs below 2005 levels by 2025. The nextU.S. NDC covering actions beyond 2025 will be due in2020. Electric utilities at COP-21 talked about how the sectoris transitioning to one that is lower-emitting and smarter.

We understand that the Paris Agreement envisions a global cap on GHG emissionsaround 2030. How is that described?The Agreement contains a global goal of limiting temperatureincrease “to well below 2 °C above pre-industrial levels andto pursue efforts to limit the temperature increase to 1.5 °C

above pre-industrial levels.” The accompanying COP decisionrecognizes that much greater emission reduction efforts thanare contained in the current round of intended NDCs will be required to meet the 2-°C goal, and that current pledges“lead to a projected level of 55 gigatones” of GHG emissionsby 2030.

According to analysis by the United Nations Framework Convention on Climate Change (FCCC) Secretariat and others,if fully implemented the initial NDCs submitted by Partieswould lead to a 2.7-°C temperature rise. The COP decisionalso notes the need to reduce emissions to at least 40 gigatonsby 2030, and potentially lower. Parties will convene a “facilita-tive dialog” in 2018 to “take stock of the collective efforts ofParties” in progressing toward the long-term global goal.

The Agreement also sets out a collective aim of reachingglobal peaking of GHG emissions “as soon as possible,” and to achieve “a balance” between manmade emissions and removals by sinks of GHGs “in the second half of this century.”

“The Paris Agreement potentially laysa new, long-lasting framework for actions by all nations to addressGHG emissions.”



If countries and consulting firms will be developing global emission inventories, what is being said about the transparency of that data?Importantly, the Agreement contains robust transparency and reporting requirements, including information for trackingprogress in Parties meeting their NDCs, known as an enhancedtransparency framework for action and support. This was another controversial area, particularly given developingcountry concerns about how much information would be required and how closely it would be examined. To this end, the transparency framework is to be implemented in a “facilitative, non-intrusive, non-punitive manner, respectfulof national sovereignty.”

Nonetheless, Parties will be able to draw on national commu-nications, biennial reports and national inventories in assessingNDCs. Further, information submitted by each Party on itsNDC will undergo an expert technical review, which willidentify areas of improvement for the Party and review theconsistency of the information provided. Ultimately, the details for how to implement this transparency of action andsupport will be adopted by Parties at the first meeting afterthe Paris Agreement enters into force.

The related COP decision establishes a capacity-building initiative for transparency to build institutional and technicalcapacity, and to provide relevant tools, training, and assis-tance in meeting the transparency provisions of the Agree-ment. Importantly for developing countries, the transparencyprovisions apply equally to assessing the provisions of support by developed country Parties.

I understand that you have been to many of the U.N. Climate Summits, includingKyoto, Copenhagen, and now Paris. Does the science seem to be changing?What I notice is that each year there is more scientific evidenceon display. The U.S. Center, for example, has an area with abig screen that displays data from over the years, plus someof the newest data from NASA. Also, many of the delegatesissue statements include science of interest to them.

A&WMA had a representative at the Copen-hagen talks in 2009 and he reported that itseemed like a very safe venue. What wasParis like in December, only a few weeksafter the Paris terrorist attacks?Paris was alive and vibrant. There was lots of security. Peoplewere going on with their business in a holiday spirit.

Please describe the venues and where you stayed?The meetings were not in the center of Paris. They were heldat an old airfield outside Paris. I stayed in the Left Bank areaand rode the train and a bus transfer to the meeting site. Itwas well organized and very easy to do. And the use of publictransportation was free with your accreditation. There werenumerous activities near the meetings and in other venues.Many demonstrators were shouting their messages.

What is the key to good access at the meetings?As always, badges/credentials are the key to being in the hallways near the key meetings. Also, knowing your country’snegotiators is vital for being able to provide input and keepabreast of key developments.

What has changed about the attendees over the years?More and more non-governmental organizations (NGOs)have developed an interest in these talks. They have proliferated.In addition to dozens of environmental groups, there aregroups representing youth, indigent people, women, and numerous others. There has also been a change in the businessgroups attending. There are now many more carbon traders,solar firms, and other clean energy companies. I guess youwould say it is a much broader event.

Dallas Baker, A&WMA Immediate Past-President, has applied to the United Nationsto obtain Observer status for A&WMA atCOP-22. We are awaiting the U.N. response.What can you tell us about the 2016 meeting?The 2016 meeting will be in Marrakesh, Morocco in November2016. People should reserve their hotel rooms soon. Marrakeshwill be a smaller meeting than Paris. Time will be spent onthe nitty-gritty details of the implementation phase of theParis Agreement. This will begin the march toward multi-yearrules and actions. A&WMA might only receive credentials forone or two Observers, which come with the name of eachperson and are not transferable. The final credentials may arrive only 2–3 weeks before the COP-22 meeting.

What final thoughts do you have forA&WMA members?I encourage A&WMA to be represented at COP-22 in Morocco. A&WMA has always provided leadership for issuesof particulate, smog, and acid rain. That same expertise andleadership is needed in the area of carbon emissions. em

COP-21: Insights from U.S. Mayor Larry Brown


COP-21

EM interviewed Larry “Butch” Brown, Mayor of Natchez, Mississippi, after

his return from COP-21 in Paris. Mayor Brown was part of a four-mayor

delegation to the talks whose primary concern was how climate changes

might affect the food production potential of the Mississippi River Basin.

‘The Most Progressive Meeting of Its Kind in History.’

Photo courtesy of theOffice of Mayor Brown.



EM: A&WMA often focuses on air quality orcarbon emissions, when we discuss climatechange. How do you see the issue?Mayor Brown: My view is that climate change is readilyavailable for anyone to see. The environment is changing andit is noticeable, not hidden. It is always in the news. Every tourship director speaks of climate change, whether you are inthe Arctic or the tropics. They are convinced. I say, let peoplesee and observe. And then the scientists can work to betterdefine the changes.

Did you say your delegation to Paris included four mayors?Yes. I am active with the Mississippi River Cities and TownsInitiative (MRCTI). The MRCTI delegation to Paris includedMayors Chris Coleman of St. Paul, MN; David Kleis of St.Cloud, MN; Roy Buol of Dubuque, IA; and me, the Mayor ofNatchez, MS. MRCTI is a powerful group on this and othertopics. I think in Paris, we had a big and bold presence andwere part of an environmental home run. We were coveredby Bloomberg and we presented to The Weather Channel.

What was the focus of your group and what did you achieve?I am proud to say that the we presented a package of ideason the table three days before the end of the meeting. Wewere part of developing the International River Basin Agreement to mitigate climate risk by achieving food andwater security.

How did that agreement fit in with COP-21?This agreement was developed in cooperation with the Inter-national Network of Basin Organizations’ (INBO) Paris Pacton Water and Adaptation to Climate Change as a continuationof the climate commitments made pursuant to that accord.You can read more at the website (http://www.MRCTI.com).

Although A&WMA has a strong focus on air quality and waste issues, many of ourmembers are multi-media environmentalprofessionals. Which environmental issueswere your focus in Paris?MRCTI has a focus on the Mississippi River, its water quality,and its relationship to providing food for the world. In Paris,we had in mind the following:

• More than 35 percent of the world’s traditional cropland islocated within major river basins.

• Rivers are vital. They only account for 0.006 percent of theworld’s freshwater, but they sustain most of the water with-drawals.

“We were part of developing the International River BasinAgreement to mitigate climate risk by achieving food and water security.”



• Since we were a party to the International River BasinAgreement, we concur to protect surface and ground wa-ters to ensure food security and access to drinking water.

• An action step for the MRCTI is to develop a water quan-tity, quality, and pollutant alert program to sustain ade-quate environmental flows and reduce the loading ofcontaminants and nutrients into rivers, streams, and lakesfrom industry, municipalities, and agriculture.

• The above action step may be comprised of a robust watermonitoring strategy; the expansion of wastewater treat-ment facilities; reduced or filtered urban stormwater runoff;riverfront parks with indigenous species; and employingsustainable agricultural practices, which may include plant-ing riparian borders and other techniques to keep chemi-cal fertilizers and pollutants out of rivers.

• We plan to report on our actions and share the progressmade pursuant to Section 4 of the INBO Paris Pact.

• We must keep the environments of our rivers safe in thefuture. To the extent that climate change results in droughtor unusual flooding, the world's food supply and transportof the world is jeopardized.

Please tell us more about the Paris venue.I was particularly impressed that 190 heads of state were allin the same room. To see such a gathering, I wonder why notmore often for the benefit of water supply and food produc-tion. I was often in the “Blue Zone” (the central meeting areaat COP-21), which was crowded with what seemed like15,000 people. We spent time crafting our agreement. Wefelt safe, because security was like nothing I have seen be-fore. Security everywhere, with pat downs, inspections, andso forth.

How impressed were you with COP-21 inParis? My view is that this was the most progressive meeting of itskind in history. em

Photo courtesy of Apache Corp

Sessions include:

• Air Toxic Measurements/Field Studies• PM Measurements/Speciation• Advanced Optical Monitoring• Air Sensor Measurements• Near Road Monitoring• Greenhouse Gas/Criteria Pollutants• Vapor Intrusion• Source Measurements• Oil and Gas Measurements

Four key industry partners . . . one encompassing event

Power Plant Pollutant Control and Carbon Management “MEGA” SymposiumAugust 16-19, 2016 • Marriott Waterfront, Baltimore, MDCo-sponsored by: The Electric Power Research Institute (EPRI), the U.S. Environmental Protection Agency (EPA), the U.S. Department of Energy (DOE), and the Air & Waste Management Association (A&WMA)

With an industry-directed focus and streamlined format, the MEGA Symposium will provide a forum for sharing successes and challenges of complying with regulations for fossil-fueled electric generating units, as well as provide technology options for compliance with the Clean Power Plan. This year’s topics include:

View complete details online at http://megasymposium.org and make your plans to attend now.

• Carbon management and CO2 control• SOx, NOx, and particulate• MATS controls

• ELG and waste water treatment• Byproduct and ash handling• Managing variable load

COP-21: Insights from veteran COP Observer G. David Ungar


COP-21

EM interviewed G. David Ungar, Managing Director of Global Capital Finance

America, LLC, in White Plains, New York, after his return from COP-21. We

caught up with David during a stopover in Bangkok on his travels to Australia.

‘Article 6 of the Paris Agreement Is Most Important for Environmental Professionals Working to Reduce Carbon Emissions.’

Image Source: https://www.flickr.com/



EM: Is it true that you have attended numerous United Nations’ climate meetings?Ungar: Yes, COP-21 in Paris was the 16th COP meetingthat I have attended.

How do you assess the results of COP-21?This Paris meeting was the most important of them all and itwas a total success.

How do you describe the improved dynamics?A major benefit was that all of the heads of state arrived earlyduring the meeting, rather than at the end. This added a lotof pressure to the negotiators and at an optimal time. Secondly,

the negotiations were remarkable. This was the first time that the north/south divide was broken down. Venezuela was more constructive now that Chavez was out. And the positions of Europe, small islands, and like-minded nationswere helpful.

You use the term “like-minded nations.”What does that mean?I am referring to the Like-Minded Developing Nations Bloc,which included India, China, and Saudi Arabia. The fact thatChina also came on board was key. China has also said thatthey will have a mandatory market for carbon trading thatwill begin in 2017.

Article 6 of the Annex to the Paris Agreement1. Parties recognize that some Parties choose to pursue voluntary

cooperation in the implementation of their nationally deter-mined contributions to allow for higher ambition in their miti-gation and adaptation actions and to promote sustainabledevelopment and environmental integrity.

2. Parties shall, where engaging on a voluntary basis in coopera-tive approaches that involve the use of internationally trans-ferred mitigation outcomes towards nationally determinedcontributions, promote sustainable development and ensureenvironmental integrity and transparency, including in gover-nance, and shall apply robust accounting to ensure, inter alia,the avoidance of double counting, consistent with guidanceadopted by the Conference of the Parties serving as the meet-ing of the Parties to the Paris Agreement.

3. The use of internationally transferred mitigation outcomes toachieve nationally determined contributions under this Agree-ment shall be voluntary and authorized by participating Parties.

4. A mechanism to contribute to the mitigation of greenhousegas emissions and support sustainable development is herebyestablished under the authority and guidance of the Confer-ence of the Parties serving as the meeting of the Parties to theParis Agreement for use by Parties on a voluntary basis. It shallbe supervised by a body designated by the Conference of theParties serving as the meeting of the Parties to the Paris Agree-ment, and shall aim:

a. To promote the mitigation of greenhouse gas emissions while fostering sustainable development;

b. To incentivize and facilitate participation in the mitigation of greenhouse gas emissions by public and private entities authorized by a Party;

c. To contribute to the reduction of emission levels in the host Party, which will benefit from mitigation activities resulting in emission reductions that can also be used by another Party to fulfil its nationally determined contribution; and

d. To deliver an overall mitigation in global emissions.

5. Emission reductions resulting from the mechanism referred toin paragraph 4 of this Article shall not be used to demonstrateachievement of the host Party’s nationally determined contributionif used by another Party to demonstrate achievement of its nationally determined contribution.

6. The Conference of the Parties serving as the meeting of theParties to the Paris Agreement shall ensure that a share of theproceeds from activities under the mechanism referred to inparagraph 4 of this Article is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climatechange to meet the costs of adaptation.

7. The Conference of the Parties serving as the meeting of theParties to the Paris Agreement shall adopt rules, modalities andprocedures for the mechanism referred to in paragraph 4 ofthis Article at its first session.

8. Parties recognize the importance of integrated, holistic and balanced non-market approaches being available to Parties toassist in the implementation of their nationally determined contributions, in the context of sustainable development andpoverty eradication, in a coordinated and effective manner, including through, inter alia, mitigation, adaptation, finance,technology transfer and capacity-building, as appropriate.These approaches shall aim to:

a. Promote mitigation and adaptation ambition;

b. Enhance public and private participation in the implementation of nationally determined contributions; and

c. Enable opportunities for coordination across instruments andrelevant institutional arrangements.

9. A framework for non-market approaches to sustainable development is hereby defined to promote the nonmarket approaches referred to in paragraph 8 of this Article.



We note that the final Paris Agreement is 31 pages and more than 16,000 words inlength. Can you direct A&WMA members to a key section?I believe that Article 6 of the Annex is the most importantpart of this Agreement. It creates new types of markets andmechanisms that will create financial value on numerous sustainability issues.

First of all you see the words “voluntary” and “sustainability.”Then you see “internationally transferred mitigation outcomes”and “transparency”. These projects will need consultants andexpertise as they are developed and confirmed. COP-22 willbe important in adopting rules, modalities and procedures

for the mechanism referred to in paragraph 4 of this Articleat its first session.

Please tell us more about COP-22.First let me remind you that the next event is the very importantsigning of the COP-21 agreement in New York City in April2016. Then we move our attention to the COP-22 meetingNovember 7–18, 2016, in Marrakesh, Morocco. That meetingwill be the key to market-based initiatives and the associatedmechanisms that will provide financial value to sustainabilityprojects. It will also remind countries that their commitmentswill be reviewed at five-year intervals. If A&WMA has Observerstatus for Morocco, now is the time to begin planning yourattendance, lodging, and so forth. em

“A major benefit was that all of the headsof state arrived early during the meeting,rather than at the end.”

Like-Minded Developing Nations Bloc spokesman Gurdial Singh Nijar duringCOP-21 at Le Bourget, on the outskirts of Paris, Saturday, Dec. 12, 2015. Nijar said that India, China, and Saudi Arabia are all “happy” with a planned195-nation Paris Agreement to slash greenhouse gas emissions.

In Next Month’s Issue…

Unmasking the Renaissance – A&WMA’s 109thAnnual Conference & Exhibition in New OrleansThe June issue will preview this year’s Annual Conference, which takes us to the Crescent City.

Also look for…

IT InsightPM FileIPEP Quarterly

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Etcetera by Anthony B. Cavender


Since the early 1980s, facilities regulated by the ResourceConservation and Recovery Act (RCRA) have been subject tovarious forms of financial responsibility requirements andmandates. The U.S. Environmental Protection Agency (EPA)has promulgated financial requirements for the owners andoperators of hazardous waste treatment, storage, and disposalfacilities (see 40 CFR Sections 264.140 and 265.140), municipalsolid waste landfill units (see 40 CFR Section 250,70’s FinancialAssurance Criteria), and Petroleum Underground Storage Tankunits (see 40 CFR Section 280.90’s Financial Responsibilityrules). Many of these financial responsibility rules are permitrequirements, and are enforceable by EPA and the courts.

Now the owners and operators of certain facilities subject toregulation under the Comprehensive Environmental Response,Compensation, and Liability Act of 1980 (CERCLA, or simply“Superfund”) are facing the prospect of similar rules beingpromulgated by EPA in the near future. Section 108(b) of

CERCLA, codified at 42 USC Section 9608(b), requires thePresident, through EPA, to:

“establish requirements that classes of facilities establishand maintain evidence of financial responsibility consistent with the degree and duration of risk associ-ated with the production, transportation, treatment,storage or disposal of hazardous substances”.

The law established statutory deadlines by which the ruleswould be developed. Section 108(b) also provides that financialresponsibility can be established by a variety of means andmechanisms: insurance, guarantee, surety bond, letter of credit,or qualification as a self-insurer. As it happened, despite thefact that CERCLA was enacted in December 1980, EPA hasnot fulfilled this statutory requirement. This is about to change.

By law, EPA is required by Section 108 of CERCLA to establishfinancial assurance and responsibility rules for classes of facilities

DC Court Ruling Likely to Impact Superfund Cleanups Nationwide

The U.S. Court of Appeals for the D.C. Circuit recently approved a schedule for

EPA rulemakings regarding the issuance of new CERCLA financial responsibility

rules that could affect many industries nationwide.

Etcetera by Anthony B. Cavender


that are associated with the production, transportation, treat-ment, storage, or disposal of hazardous substances. Despitethe deadlines provided by the law, more than 30 years have passed without any rules or proposed rules publishedby EPA.

In May 2015, U.S. Court of Appeals for the D.C. Circuit heardoral arguments on a petition for a writ of mandamus filed bya number of environmental organizations that, if granted,would force EPA to abide by Section 108. The court orderedEPA to expedite its rulemaking schedule for the first class ofindustries it has chosen to examine, the hard rock mining industry. EPA was also ordered to prepare a schedule bywhich it will determine if similar financial responsibility rulesshould be proposed for the chemical manufacturing; petroleumand coal products; and electric power generation, transmission,and distribution industries. At that time, the court also notedthat it had not determined whether any of the petitioners forthe writ of mandamus had Article III standing.

On January 29, 2016, the court issuea ruling (see http://www.idahoconservation.org/files/icl-cercla-decision),, whichapproved a joint motion by the environmental petitionersand EPA for an order on consent to resolve the petition forwrit of mandamus and a schedule by which EPA will conductappropriate rulemaking proceedings in the future. The courtalso held that the petitioners have Article III standing to pur-sue these claims, but that the motions for leave to intervenein these proceedings filed by representatives of the Super-fund Settlements Projects, the American Chemistry Council,and the American Petroleum Institute were denied.

The court released an order which provides: (a) a Notice of Proposed Rulemaking (NPRM) on financial assurance requirements for the hard rock mining industry will be published by EPA in the Federal Register by December 1,2016, with a notice of the agency’s final action to be publishedin the Federal Register by December 1, 2017; (b) EPA will publish a “determination” in the Federal Register by December 1, 2016, whether it will issue a similar NPRM regarding the chemical industry, the petroleum and coalproducts manufacturing industry, and the electric power industry; (c) if EPA decides to proceed with these rulemakingsfor the other industries, (i) the NPRM for the “first additionalindustry” will be published in the Federal Register by July 2,2019, and EPA will publish a notice of its final decision in theFederal Register by December 2, 2020, (ii) the NPRM for the“second additional industry” will be published by December 4,2019, with the notice of final action published by December 1,2021, and (iii) the NPRM for the “third additional industry”will be published by December 1, 2022, with notice of thefinal action published by December 4, 2024.

These deadlines may be extended or modified upon the filingof a joint motion by the parties. If EPA seeks an extension theenvironmental petitioners oppose, then EPA may file a motionwith the court for an extension of time.

The regulated community should follow these developmentsvery closely, to ensure that any new rules that are proposedand promulgated satisfy the statutory criteria and provideworkable responses and adjustments. em

Anthony B. Cavender is Senior Counsel for Environment, Land Use, and Natural Resources at Pillsbury Law. E-mail: [email protected].

There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protectedinterest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) a causalrelationship between the injury and the challenged conduct, which means that the injury fairly can be traced to thechallenged action of the defendant, and has not resulted from the independent action of some third party not beforethe court; and (3) a likelihood that the injury will be redressed by a favorable decision, which means that theprospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative.

Source: lectlaw.com

Article III

10

198

4

32

765

2016 A&WMA Annual Conference Preview


Top 10 Reasons to Attend

UNMASKING THE INDUSTRIAL RENAISSANCEJune 20-23, 2016 • http://ace2016.awma.org


Now in its 109th year, A&WMA’s Annual Conference &Exhibition has become the culmination of everything the Association represents, all wrapped into a neat four-day adventure for environmental professionals from around theworld. In keeping with A&WMA’s mission of a neutral forum,the Annual Conference & Exhibition attracts thousands ofpeople representing different perspectives from industry toacademia, and government to NGOs. The technical program

has evolved and is updated each year to cover the most currenttopics in the industry backed with research and practical applications designed to solve myriad environmental issues.

Although everyone’s reasons are different for attending, we’venarrowed it down to the Top 10 reasons why you should attendnext month, in a brief, Letterman-like top 10 list. Here goes…

1500+ great minds in one place—all with different perspectives,but sharing the common goal of advancing the environmental industry and sustaining the planet.

Meet them all. The conference has plenty of networking opportunities,social events, and more to help you grow your network with the peoplethat can help make your job easier, or help you find a better one.

Get the EPA perspective. Hear the latest on compliance and regu-lation from keynote speaker A. Stanley Meiburg, Acting Deputy EPAAdministrator, plus many other panelists and platform presenters.

Get the industry perspective. With this year’s theme “Unmaskingthe Industrial Renaissance”, we have responded to feedback and arefocusing more on industry so you can learn solutions from companieson the leading edge of environmental technology.

Get the latest information. Hear the results of groundbreaking research and be among the first to see new products and services in the packed Exhibit Hall.

Get credit for it. Earn continuing education credits at one of 10 Professional Development Courses, and even through session attendance, depending on your state licensing requirements.

New Orleans culture. We couldn’t forget this one. From masksand beads to food and jazz, NOLA is a place you have experiencefor yourself this year, even if you’ve been here before.

Critique and review. Attend the 46th A&WMA Annual Critical Review on Emissions from Oil and Gas Operations featuring David T.Allen, one of the country’s foremost experts on the topic, and hearthe opinions of discussants representing different perspectives.

Time well spent. Your four days at A&WMA’s Annual Conference& Exhibition could be the most valuable you spend all year for yourcompany, and your career.

And the Number 1 reason to attend . . .

It’s OVER THE TOP. Over 1500 environmental professionals,over 400 technical presentations, over 100 exhibitors—allavailable to help you take your knowledge and your careerinto overdrive.

2016 A&WMA Annual Conference Preview/Courses


Conveniently scheduled to coincide with A&WMA’s 109th Annual Conference & Exhibition in New Orleans, the followinglist of professional development courses will be offered on Sunday, June 19 and Monday, June 20. Don’t miss out on thisunique opportunity to enhance your professional skills!

Professional Development Courses Offeredat the 2016 A&WMA Annual Conference

Course Title

Sunday, June 19

EMGM-130: Introduction to Environmental Forensics

AIR-173: CALPUFF Version 7Introductory Course

AIR-240: Air Pollution Control and Compliance for Industrial Applications

EMGM-345: ISO 14001: 2015 EnvironmentalManagement System - Understanding theNew Requirements and Transition to theNew Standard

AIR-135: Fundamentals of Air PollutionMeteorology and Dispersion Modeling

Monday, June 20

AIR-186: Introduction to Open-Path Monitoring for Fenceline Monitoring and Flux Measurement

AIR-205: Fabric Filter Baghouse 101 - Including Baghouse Fundamentals, Design, QA/QC, Troubleshooting, Fine Particle Emission Control, Filter Media Selection, and Nano-Particle Filtration

AIR-291: Consideration and Remediationof Air Pollutants in Municipal Solid WasteLandfilling and Incineration

AIR-299: AERMOD Air Dispersion Modeling

EMGM-348: ISO 14001: 2015 EnvironmentalManagement System - Auditing the NewRequirements of the EMS Standard

Scheduled Time

8:00 a.m. – 12:00 p.m.

8:00 a.m. – 5:00 p.m.

8:00 a.m. – 5:00 p.m.

8:00 a.m. – 5:00 p.m.

1:00 p.m. – 5:00 p.m.

8:00 a.m. – 12:00 p.m.

8:00 a.m. – 5:00 p.m.

8:00 a.m. – 5:00 p.m.

8:00 a.m. – 5:00 p.m.

8:00 a.m. – 5:00 p.m.

Instructor(s)

Laurie Benton and Brenton Cox, Exponent Inc.

Irene Lee and Christopher DesAutels, Exponent Inc.

Thomas McGowan, TMTS Associates Inc.

Yogendra Chaudhry, ECO Canada

Anthony Sadar, AlleghenyCounty Health Department

Curtis Laush and Steve Ramsey, Geosyntec Consultants Inc.

John McKenna, ETS Inc.

Amirhossein Malakamad, Universiti Teknologi Petronas(UTP), Malaysia

Jesse Thé and Michael Hammer, Lakes EnvironmentalSoftware Inc.

Yogendra Chaudhry, ECO Canada

Full-Day CourseHalf-Day Course

For complete course details and updates, additional instructor bios, prerequisite information, and to register, visit the conference Web site.

2016 A&WMA Annual Conference Preview/Courses

Spotlight on Instructors

Tom McGowan, TMTS Associates Inc., will present the full-day course, Air Pollution Control and Compliance forIndustrial Applications, on Sunday, June 19.

This course focuses on the theory and operation of air pollutioncontrol systems for a wide range of applications, in particular,those associated with combustion processes, such as boilers,refinery heaters, kilns, and the like. The interactions betweenthe two are covered in detail.

Environmental managers must know and understand boththe "front-end" combustion or raw material processing systemand "back-end" air pollution control systems to comply withmyriad regulations and promote safe and economical operation.Part of the value of this course is the practical experience ofthe presenter and his knowledge of what works and whatdoes not. Case studies are used for illustration purposes.

Tom McGowan is president and founderof TMTS Associates Inc., a firm specializingin thermal systems, air pollution control,solids handling, and industrial ventilation.He was previously employed by RMT/Four Nines, American Combustion, theGeorgia Tech Research Institute, and

Particulate Solid Research Inc. He holds a master's degree inchemical engineering from Manhattan College, a master'sdegree in industrial management/MBA from Georgia Tech,and is a licensed engineer in multiple states. He is a contributorto Perry's Chemical Engineers' Handbook, and has writtenwidely in technical magazines and journals. His more than 45 years of experience includes gas, oil, coal, coke, andwood, combustion, gasification of solid fuels, and back-endair pollution control. He has received U.S. Department of Energy, IT3, and Chemical Engineering Magazine awards.

Amirhossein Malakahmad, Ph.D., Petronas TechnologyUniversity (UTP), Malaysia, will present the full-day course,Considerations and Remediation of Air Pollutants in Municipal Solid Waste Landfilling and Incineration, onMonday, June 20.

Landfilling and incineration are globally among the mostpopular methods to manage municipal solid waste. Therefore,if the activities at those sites are not monitored properly, thereis a high potential for the release of pollutants to the air, whichin turn contribute to greenhouse gas emissions and globalwarming. Some of the air pollutants produced by waste incineration, such as dioxin and furan, are classified as hazardous and can cause irreversible effects on humanhealth and the environment.

This course introduces common landfilling and incinerationactivities and discusses the paths for the release of air pollutantsvia landfill operation and waste incineration. The effects of airpollutants on human health and environment and the corre-sponding legislation are highlighted. Additionally, remediationmethods to overcome air pollution created in municipal solidwaste landfills and incinerators are discussed and evaluated.

Dr. Amirhossein Malakahmad is an Associate Professor at Department ofCivil & Environmental Engineering,Petronas Technology University (UTP),Malaysia. He has received his PhD infield of Solid Waste Engineering in 2006and delivered several special lectures

and keynotes in field of Solid and Hazardous Waste Manage-ment and Air Pollution for government and private sectors.He has supervised many scholars and published/presentedseveral papers in refereed journals and conferences. He is instructor of Solid and Hazardous Waste Engineering coursein UTP since 2008. He developed innovative approaches inhis instructions including problem-based and CSR-basedteachings. He has received numerous awards for his effectiveeducation delivery since 2009. He is one of the foundingmembers of Center of Excellence in Teaching & Learning(CETaL) at UTP.

Continuing EducationCourse attendees may request a certificate of participation. This certificate may be eligible for Continuing Education Units (CEUs) and,in some cases, Continuing Legal Education (CLE) and/or Professional Engineering (P.E.) credit. One-day courses consist of 7 contacthours. Credit for the Annual Conference (Technical Program) will be awarded on a daily basis. To confirm your attendance and to receive a certificate of participation, you must visit the registration desk or see your course instructor for the proper application procedure. All certificate requests will be processed after the Annual Conference.


Washington Report Compiled by Jeremy Hunt, Bloomberg BNA (www.bna.com)


Businesses will no longer be subject to recordkeeping andreporting requirements under the U.S. Clean Air Act relatedto the use of tert-Butyl acetate (TBAc), which is used as a solvent in paints, inks, and adhesives.

The U.S. Environmental Protection Agency (EPA) will removeall recordkeeping, inventory, emissions reporting, and photochemical dispersion modeling requirements for users of TBAc.The substance already had been excluded from the regulatory

Groups representing national and Arizona-based manufac-turing interests laid out the negative economic impacts theysay the U.S. Environmental Protection Agency (EPA) will inflict upon Western states as a result of its new federalozone standards of 70 parts per billion (ppb).

Representatives of the National Association of Manufacturers(NAM) and the Arizona Chamber of Commerce and Industrysaid that as a result of EPA revising the National Ambient AirQuality Standards (NAAQS) for ozone from 75 ppb to 70 ppb,counties in Arizona and other Western states will be forced

into nonattainment status. This is largely because of backgroundozone issues, such as wildfires and air pollution originatingfrom outside the states’ borders and beyond their control,they said.

That, in turn, will cause significant harm to the local economy,they said, imposing higher costs on small businesses and stiflingeconomic growth. “The new ozone regulation is making itharder for manufacturers to compete,” said Ross Eisenberg,NAM’s vice president, energy and resources policy. em

definition of volatile organic compounds (VOCs) for the purposes of emissions limits or content requirements, butwas subject to recordkeeping requirements for VOCs.

The agency promulgated the rule in response to a petitionfrom Lyondell Basell, a multinational corporation involved inplastics, chemicals, and refining, which requested the agencydo away with redundant and burdensome reporting requirements. em

EPA Ends Recordkeeping Requirements for Pollutant

Manufacturing Groups Dissenton Ozone Regulation



The U.S. Environmental Protection Agency (EPA) has been“substantially” underestimating emissions of methane fromthe oil and natural gas sector, and that could drive new agencyregulations going forward, Administrator Gina McCarthy said.

EPA’s most recent draft greenhouse gases (GHG) inventoryrevealed substantially higher levels of methane emissionsfrom all parts of the energy sector, from storage to pipelines,McCarthy said during the IHS CERAWeek conference inHouston.

McCarthy stopped short of saying whether EPA would proposemethane standards for existing oil and gas operations, some-thing environmental advocates have pressed the agency todo. The United States emitted 636.3 million metric tons ofcarbon dioxide-equivalent of methane in 2013, according tothe draft inventory. Methane is a short-lived pollutant that is

25 times more potent a GHG than carbon dioxide on a 100-year scale, according to EPA, and it accounted for 9.5 percent of all U.S. GHG emissions in 2013.

New information on methane emissions based on data froma variety of sources, such as government agencies, industry,and academic researchers, presents a more accurate pictureof U.S. emissions, which may spur EPA to take additionalsteps to regulate the pollutant, McCarthy said. em

Domestic greenhouse gas (GHG) emissions rose 0.9 percentfrom 2013 to 2014, spurred upward by increased industrialproduction and a relatively cold winter, the U.S. EnvironmentalProtection Agency (EPA) said in a draft report.

GHG emissions totaled the equivalent of 6,872.6 millionmetric tons of carbon dioxide in GHGs in 2014, the latestyear reported, and overall emissions increased by 7.7 percentfrom 1990 to 2014, according to the draft Inventory of U.S.Greenhouse Gas Emissions and Sinks. U.S. emissions peakedat 7,450 million metric tons of carbon dioxide-equivalent in2007. Carbon dioxide accounted for 81 percent of overall

GHG emissions, and the primary source of it was the com-bustion of fossil fuels, according to the report.

Emissions stemming from the burning of fossil fuels have increased, on average, by 0.4 percent annually since 1990.Methane was the next greatest contributor to GHG emissionswith 10.3 percent of the U.S. total. Emissions of the highlypotent GHG are down 37.4 million metric tons of carbondioxide-equivalent from 1990 levels. Emissions totaled 6,811.2million metric tons of carbon dioxide in 2013, which is 0.9percent less than 2014 levels, according to the report. em

U.S. GHG Emissions on the Rise

EPA Underestimated Methane Emissions from Oil and Gas

Be on the lookout for more on this to come soon because this is something

we’re not going to ignore.— EPA Administrator Gina McCarthy

‘‘ ‘‘



While energy-efficiency standards have been around fordecades, they have just recently started gaining a higher profile as a solution to reduce carbon emissions under theObama administration’s Climate Action Plan.

Energy-efficiency standards set requirements to reduce theamount of energy that appliances and equipment use, whichleads to reductions of carbon emissions, as well as savings forconsumers who end up using less electricity to operate theproducts. The Obama administration has fully embraced energy-efficiency standards as a win/win for the environment andconsumer savings.

The White House says that since President Barack Obamatook office in January 2009, the administration has finalized40 standards and saved consumers $543 billion on theirelectricity bills. In 2013, the administration said it wanted toslash carbon pollution by 3 billion metric tons cumulativelyby 2030 solely through implementing energy-efficiency stan-dards. It has reached reductions of 2.5 billion metric tons ofcarbon pollution through a combination of appliance standardsand building efficiency codes. em

Energy Efficiency Gets Key Role in Obama’sClimate Plan

A&WMABuyers GuideTap into the incredible network of the Air & Waste Management Association with the A&WMA Buyers Guide. Powered by MultiView, the Guide is the premier search tool for environmental professionals. Find the suppliers you need, within the network of the association you trust.

Start your search today at awma.org.


News Focus

The U.S. Environmental Protection Agency (EPA) needs todo more to quantify the effect that background ozone has onair quality to support implementation of the 2015 nationalozone standards of 70 parts per billion (ppb), industrygroups and state environmental agencies said.

The American Petroleum Institute (API), the Wyoming Department of Environmental Quality, and other groups that submitted comments said EPA’s current estimates onbackground ozone are incomplete and may not accuratelycharacterize the effect that background ozone may have onthe ability of areas to comply with the 70-ppb ozone standards.

The groups filed comments on a December 2015 white paperissued by the agency, which said that man-made emissionsare generally the driving force behind modeled exceedancesof the ozone standards and that there is no indication thatbackground concentrations will prevent areas from meetingthe standards.

Many Western states have raised concerns that backgroundozone levels, which include naturally occurring ozone andozone resulting from uncontrollable pollution sources, couldmake it difficult to attain the 70-ppb ozone standards.

However, EPA officials have maintained that they don’t anticipatethat background ozone will force areas into nonattainmentstatus, a designation that triggers additional pollution controlobligations and more stringent permitting requirements fornew and modified industrial facilities.

‘Challenges’ Cited to Modeling LevelsThe API, which was one of the most vocal opponents of morestringent ozone standards during the rulemaking process,said in its comments that there are “key uncertainties and significant challenges” to accurately modeling backgroundozone.

“Background ozone events are more frequent and can be amore significant percentage of ozone design values than theEPA’s synthesis of the available data suggests,” the petroleumindustry trade group said. “Additional data and analyses areneeded to more completely assess the contributions of back-ground ozone” to ozone levels that would trigger a nonat-tainment designation.

The issue of background ozone is expected to be a key issue in litigation over the 2015 ozone standards, which EPAprojected to cost as much as $1.4 billion annually.

Industry and state petitioners, including coal giant MurrayEnergy Corp., said in November court filings that they intendto challenge the ozone standards on the grounds that theyaren’t attainable, because the standards are set at or belowbackground levels in some parts of the country. Openingbriefs in the ozone litigation were due April 22 (Murray Energy Corp. vs. EPA, D.C. Cir., No. 15-1385, 3/9/16).

Concerns for Western StatesAPI was one of many groups that criticized EPA’s backgroundozone analysis in comments.

The National Mining Association said in its comments that thetrade group has doubts over the “rosy prospects for future attainment” that the EPA has made. EPA, in supporting docu-ments issued alongside the October 2015 rule that revisedthe ozone standards (RIN 2060-AP38), projected that only14 counties outside of California will be in nonattainmentwith the standards by 2025.

The association said EPA’s conclusions “diminish the significantcontribution” of background ozone to air quality monitoringdata, especially in the Intermountain West. The agency didn’taddress available data on specific areas in the Western U.S.that “tend to contradict” EPA’s projection of widespread futureattainment, the association said.

Background Ozone Factors Need Updating, Critics Say

News Focus


The U.S. Environmental Protection Agency (EPA) is findingways to use digital information technology to make environ-mental permitting more effective, two senior EPA attorneyssaid at a law and policy conference in Washington last month.

Aditi Prabhu, an attorney-adviser in the EPA general counsel’soffice, said that it was a myth that the permit process “has tobe old-school and bureaucratic,” adding that in some casesindividual permits were “a useful tool for avoiding that trap”because they allowed regulators and permittees to “explorenovel options.”

She made the comments in a presentation with EthanShenkman, EPA deputy general counsel, at an EnvironmentalLaw Institute and Vanderbilt Law School event.

As an example of an innovative individual permit, Prabhucited a National Pollution Discharge Elimination System(NPDES) permit for the Kendall Station Power Plant in Cambridge, MA, that allowed the plant to avoid building acooling tower by instead using waste heat to heat Bostonbuildings. There was “both a financial upside and it was great from a sustainability standpoint,” Prabhu said.

Shift to Electronic ReportingAnother innovation, she said, was EPA’s shift to electronic reporting for regulated entities, a system that has built-in dataquality checks. The agency in October 2015 promulgated arule (RIN 2020-AA47) that requires electronic reporting forNPDES permits.

Wyoming Raises Concerns about AnalysisThe Wyoming Department of Environmental Quality alsoraised concerns about EPA’s current analysis of backgroundozone concentrations in the West. The state DEQ said in itscomments that EPA’s current background ozone estimatesare incomplete and poorly characterize winter-formed ozone,air quality at high elevations, stratospheric intrusions, and climate irregularities such as the La Niña effect.

The Wyoming DEQ was critical of EPA’s decision to excludefrom its analysis data from areas that experienced high winterconcentrations of ozone, including six monitors in Wyoming.The scientific understanding of background ozone must encompass the winter months, because the 2015 ozonestandards require Wyoming and other states to extend theirmonitoring programs to include those months, the state DEQ said.

Parks Service Calls for More ResearchThe National Parks Service also called on EPA to take steps to address uncertainties in background ozone data.

The primary source of that uncertainty is in quantifying inter-national emissions, the Parks Service said in comments.

“It is still uncertain how much background ozone really con-tributes to elevated ozone,” the agency said. “EPA and statesshould apply substantial effort to improving inventories to reduce uncertainty in projected contributions of backgroundozone.”

The North Carolina Division of Air Quality also filed comments that called on EPA to place an increased focus on projecting international emissions and evaluate globalchemical transport models.

For More InformationAll comments on EPA’s background ozone white paper are available at http://src.bna.com/dVM under Docket No.EPA-HQ-OAR-2016-0097.—By Patrick Ambrosio, Bloomberg BNA

EPA Permitting Becoming More Innovative, Attorneys Say

News Focus


EPA uses data collected from permit holders to monitor compliance, make decisions, and spot trends, contrary towhat Prabhu said was a perception that the information wasunder-utilized. The agency also increasingly makes compliancedata available to the public, she added, citing an EPA drinkingwater mapping application for water sources and sources ofcontamination, DWMAPS, which was rolled out in February.

Misconception on General PermittingShenkman said another misconception was that EPA doesnot make sufficient use of general permitting as a regulatoryprocess. He said EPA recognized that general permits couldreduce paperwork and lower costs, and that the agency usedthem when they were legally authorized and appropriate.

He said it also was wrong to think that federal agencies havea lot of discretion about whether to grant general or individualpermits. “In fact, in practice and under the law it’s not alwaysthat easy. It’s a highly context-specific inquiry that really dependson the statute and the particular program you’re implementing,”he said.

The two EPA attorneys spoke at a law conference organized byVanderbilt law students who selected several papers for discus-sion. Prabhu and Shenkman were asked to comment on “ThePermit Power Revisited: The Theory and Practice of RegulatoryPermits in the Administrative State,” by University of California,Berkeley, law professor Eric Biber and Vanderbilt law professorJ.B. Ruhl. That paper in part discussed a 1996 article by RichardEpstein that Prabhu and Shenkman in written comments said“paints an extreme picture of the permitting process.”

Ruhl said he and Biber agreed that the points the EPA attorneysraised were misconceptions.

“Permits are a wonderful platform for innovation. We absolutelyagree with that,” Ruhl said.

For More InformationThe papers discussed at the Environmental Law and PolicyAnnual Review Conference are available at http://law.vanderbilt.edu/academics/academic-programs/environmental-law/environmental-law-policy-annual-review/. —By Renee Schoof, Bloomberg BNA

Climate change is already having significant, costly, andnegative public health impacts that will only grow worse withoutsignificant additional efforts to combat the problem, accordingto an Obama administration report released April 4.

The report, extensively peer-reviewed and compiled by eightfederal agencies over three years, concluded climate changeworsens acute respiratory illnesses, aggravates water-bornediseases, disproportionately affects vulnerable populations

and exacerbates vector-borne illnesses like Lyme disease andWest Nile virus.

“What might surprise people when they read this report isthe breadth of pathways through which climate change affectshealth,” U.S. Surgeon General Vivek Murthy told reporters.“If we don’t address climate change, then we will not be safe-guarding the health of current and future generations.”

Administration Report: Climate Change Harms Public Health

News Focus


Officials, including U.S. Environmental Protection Agency Administrator Gina McCarthy and White House Science Adviser John Holdren, said the report provides further impetusfor executive actions to combat the problem and strengthenedalready-identified links between climate change and adversepublic health impacts.

The report comes as the latest effort from the administrationto frame the need for action to address climate change in publichealth terms. During a June 2015 summit, McCarthy said“normal human beings” better understood the need to acton climate change when it was framed as a public health risk.

Premature Deaths FearedAmong the greatest risks to public health from climate changeis worsening air pollution that may fuel allergies and asthmacases. Such pollution, which includes fine particulate matter andground-level ozone, will fuel “hundreds to thousands of pre-mature deaths, hospital admissions, and cases of acute respi-ratory illnesses” annually by 2030, according to the report.

In addition, climate change may cause “thousands to tens ofthousands” of deaths each summer due to extreme heat con-ditions, which would far outpace any reduction in deaths fromextreme cold, the report found. For example, one model inthe report predicted an additional 11,000 deaths during thesummer of 2030 and an additional 27,000 deaths in 2100would be due to extreme heat events.

Climate change will also enable the wider spread of ticks andmosquitoes known to carry diseases like Lyme disease andWest Nile virus, according to the report. Extreme weatherevents linked to the problem could overwhelm the nation’sdrinking water and wastewater infrastructure, causing thespread of water-borne illnesses, according to the report.

The report also links extreme weather to worsening nutritionalvalue in food and emotional strain that could, in turn, exacerbatemental health problems.

“This document shows that the public health case for climateaction is really compelling beyond words,” McCarthy said.“It’s not just about glaciers and polar bears.”

Some Populations Hit HarderVulnerable populations, including pregnant women, low-in-come residents, immigrants, citizens with disabilities, and theelderly, are among those communities likely to feel the publichealth impacts most acutely.

“When you think about what we need to do to safeguard thehealth of current and future generations, climate change needsto be on that list as a high priority,” Murthy said. “Because ifwe do not act today to address climate change, my concernis that we are going to be seeing more illness, we’re going tobe seeing more climate-related deaths, and that’s not a futurewe need to or should accept.”

Holdren said the report assumed some degree of action toaddress climate change, including the provisions of PresidentBarack Obama’s Climate Action Plan and the internationalParis Agreement. But, he cautioned, significant further actionwould be needed to stave off the worst potential health impacts.

“We will need a big encore after 2030 in terms of further, deepcuts in order to avoid the bulk of the worst impacts describedin this report,” Holdren said. “There is a huge difference inmagnitude of impacts if we fail to act and the much smallermagnitude we expect if we take aggressive action set out inthe president’s Climate Action Plan.”

‘New Type of Threat’Eight federal agencies, led by the EPA, the Department ofHealth and Human Services, and the National Oceanic andAtmospheric Administration, contributed to the report, whichincluded the contributions from more than 100 experts.

Obama asked for the report in his June 2013 Climate ActionPlan and his administration has frequently since then soughtto frame the need for action in public health terms. In April2015, the president participated in a public health roundtableas the administration released a draft version of this report.

“As far as history is concerned, this is a new type of threat thatwe’re facing,” Murthy said. “The solution is not going to besimple, but it is possible.”

For More InformationThe report, The Impacts of Climate Change on Human Healthin the United States, is available athttps://health2016.globalchange.gov/.

A full text version of the report is available athttps://s3.amazonaws.com/climatehealth2016/high/ClimateHealth2016_FullReport.pdf

A White House fact sheet on the administration’s report isavailable at http://1.usa.gov/1M9PuBV. —By Anthony Adragna, Bloomberg BNA

News Focus


The U.S. Environmental Protection Agency (EPA) revised itsMercury and Air Toxics Standards (MATS) for power plantsto remove language that shielded plant operators from civilpenalties related to violations caused by unavoidable equipmentmalfunctions (81 Fed. Reg. 20,172).

The agency, in a final rule published April 6, removed the affirmative defense language in response to a 2014 ruling bythe U.S. Court of Appeals for the District of Columbia Circuit. The agency had included affirmative defense language inmany of its hazardous air pollutant standards in recognitionthat some regulatory violations are due to factors entirely outside of the control of the pollution source.

However, the U.S. Court of Appeals for the District of ColumbiaCircuit ruled that a civil penalty shield included in air toxicsstandards for cement kilns was outside the scope of theagency’s U.S. Clean Air Act authority. Since that decision, EPAhas been periodically removing affirmative defense languagefrom its air toxics rules (NRDC vs. EPA, 749 F.3d 1055, 2014BL 108218, 78 ERC 1369 (D.C. Cir. 2014)).

EPA indicated that in lieu of affirmative defense provisions,the agency will be able to use its case-by-case enforcementdiscretion to address violations resulting from malfunctions.That enforcement discretion offers “sufficient flexibility” underthe power plant standards, the agency said.

In addition, EPA said both courts and presiding officers in administrative enforcement actions have the discretion toconsider any defense raised, including arguments that a violation was caused by an unavoidable technology failure.

EPA’s final technical corrections rule (RIN 2060-AS41) alsomade several revisions to the MATS rule that the agency estimated to have no environmental or economic impact.Those changes include a clarification that major and areasource combustion turbines, except for integrated gasificationcombined cycle units, are not subject to the MATS rule,which set emissions limits for mercury, filterable particulatematter and hydrogen chloride. —By Patrick Ambrosio, Bloomberg BNA

Civil Penalty Shield Removed from EPA Mercury Rule

News Focus is compiled from the current edition of Environment Reporter, published by the Bureau of National Affairs Inc.(Bloomberg BNA). For more information, visit www.bna.com.

Canadian Report


Canada’s business leaders still haven’t got their heads aroundthe shape of the transition to a low-carbon economy. The mostrecent C-Suite Survey by The Gandalf Group specificallyasked about the transition away from fossil fuels, and foundfault lines where they ought to be expected: among provinces,in Alberta; and among industry sectors, in oil and gas.

The C-Suite Survey is a quarterly survey of business executives.The March 2016 results are based on telephone interviewswith 161 C-Suite executives drawn from companies listed inThe Globe and Mail’s Report on Business 1000 listing.

There is fairly widespread support among business executivesfor policies and programs that support the clean technologysector and reduce reliance on fossil fuels. Divisions occur whenthose policies turn to carbon pricing mechanisms or hard targets to wean the economy off its reliance on fossil fuels.

Putting public money into clean technology and transit earns74 percent national support within the C-Suite. Even Albertaweighs in at 55 percent support, and the oil and gas sectornationally at 60 percent. However, opinions on a (proposed)U.S.-style carbon tax were, at best, mixed. National opinionwas almost evenly divided for and against. But in Alberta, opposition stood at 63 percent, and in the resource sector, at 62 percent.

Results from the March 2016 C-Suite Survey can be foundat http://www.gandalfgroup.ca/ downloads/2016/C-Suite%20Report%20Q1%202016%20March%2028%20TC.pdf.—By Mark Sabourin, EcoLog

Quebec has managed to cut its greenhouse gas (GHG)emissions by 8.6 percent over the period spanning 1990 to2013, according to a new government inventory. This is thefirst inventory that the province has completed using the2013 revised inventory guidelines from the IntergovernmentalPanel on Climate Change.

Quebec’s performance from 1990 to 2013 is well ahead ofthe national average (emissions growth of 18.5 percent), butit trails Yukon, Newfoundland and Labrador, Prince EdwardIsland, and Nova Scotia.

Over the period spanning 2009 to 2013, which coincideswith the introduction of the cap-and-trade market to Quebec,emissions fell by 5.7 percent. Over that same period, the

province’s population grew by 16.5 percent and GDP grewby 55.8 percent. Quebec says this is evidence that economicgrowth and carbon reduction can proceed hand-in-hand.

The inventory also suggests that continued reductions inemissions will require a greater focus on the transportationsector, particularly road transport. Emissions from the trans-portation sector grew significantly in the 1990-2013 period.The transportation sector accounted for 43 percent of theprovince’s 2013 emissions, and more than three-quarters ofthat was from road transport.

The GHG inventory (in French) is available at http://www.mddelcc.gouv.qc.ca/changements/ges/ 2013/Inventaire1990-2013.pdf. —By Mark Sabourin, EcoLog

Business Execs Not Sold on Low-Carbon Future

GHG Emissions Fall in Quebec, Despite PoorTransport Sector Performance

Canadian Report

A line graph plotting marine vessel traffic through theCanadian Arctic over the past 40 years looks like a hockeystick: from 1975 to 2005, a gradual increase, and from 2005to 2015, a dramatic spike. Over that same period, the trendline for minimum summer sea ice concentration has declinedfrom 15 percent in 1975 to less than 5 percent in 2015.

Since 2012, the Canadian Coast Guard, through a processknown as the Northern Marine Transportation Corridors Ini-tiative (NMTCI), has been working toward the developmentof marine transportation corridors in the Arctic, but a new report—The Integrated Arctic Corridors Framework: Planningfor responsible shipping in Canada’s Arctic waters—from theWashington-based The Pew Charitable Trusts says it won’t gofar enough. It calls the NMTCI a “promising foundation,” butsays it falls short of what the country needs to meet the demands that increased shipping will place on the Arctic environment and the people who rely upon it.

The NMTCI has already identified primary and secondaryroutes through the Arctic, according to Pew, but to be completeit must also take into account environmentally-sensitive areasand Inuit-use patterns. According to Pew, 77 percent of theshipping corridors identified by the NMTCI pass through areasthat the Inuit or governments have identified as environmentallysignificant. There is a strong likelihood of conflict, particularlyas shipping volumes grow.

Pew urges the government to create what it calls a CanadianArctic Corridors Commission, co-chaired by Inuit and the federal government. It would take over the development andeventual management of transportation corridors that wouldintegrate hydrographic, environmental, and social variables.

The pew report is available at http://www.pewtrusts.org/~/ media/assets/2016/04/the-integrated-arctic-corridors-framework.pdf. —By Mark Sabourin, EcoLog

All governments face two competing challenges: findingadditional sources of revenue, and determining where andhow to spend the money raised. Carbon pricing policies areone way of addressing the first of these challenges. A new report, Choose Wisely: Options and Trade-offs in RecyclingCarbon Pricing Revenues, from Canada’s Ecofiscal Commission,is intended to help address the second.

The Ecofiscal Commission calls it “revenue recycling” and it isthe subject of a 50-page online publication and the topic of aseries of online discussions from April 6 to 14, 2016, focusingon options for specific provinces.

The report examines a range of possible investments from acarbon pricing windfall—everything from tax breaks to supportfor emerging technology to deficit reduction—and argues thatthere is no single right answer. Different investments address

different objectives, and for each province the right choice isprobably a mix of objectives that depends on its own uniquecircumstances.

Quoting from the report, “Identifying the government’s priori-ties is a crucial first step in defining appropriate province-specificapproaches to revenue recycling.” No matter what choice agovernment makes, putting a price on carbon can reducegreenhouse gas emissions without adversely affecting the econ-omy. How carbon revenue is recycled back into the economywill bethe amplifier, determining how great an impact the car-bon policy will have on the environment and the economy.

The Commission’s report is available at http://ecofiscal.ca/wp-content/uploads/2016/04/Ecofiscal-Commission-Choose-Wisely-Carbon-Pricing-Revenue-Recycling-Report-April-2016.pdf. —By Mark Sabourin, EcoLog

Meeting the Challenges of Arctic Shipping

Revenue Recycling: The Other Side of the Carbon Pricing Equation

Canadian Report is compiled with excerpts from EcoLog News and the EcoCompliance.ca newsletter, both published by EcoLog Information Resources Group, a division of STP Publications LP. For more Canadian environmental information, visit www.ecolog.com.


2016 Calendar of Events

Events sponsored and cosponsored by the Air & Waste Management Association(A&WMA) are highlighted in bold. For more information, call A&WMA Member Services at 1-800-270-3444 or visit the A&WMA Events Web site.To add your events to this calendar, send to: Calendar Listings, Air & WasteManagement Association, One Gateway Center, 3rd Floor, 420 Fort DuquesneBlvd., Pittsburgh, PA 15222-1435. Calendar listings are published on a space-available basis and should be received by A&WMA’s editorial offices at leastthree months in advance of publication.

MAY15–18 Strive for Sustainability Federation of New York Solid Waste Associations meetingBolton Landing, NY

AUGUST16–19 Power Plant Pollutant Control “MEGA” SymposiumBaltimore, MD

SEPTEMBER27–30 Atmospheric Optics: Aerosols, Visibility,and the Radiative BalanceJackson Hole, WY

OCTOBER4–6 35th Annual International Conference onThermal Treatment Technologies & HazardousWaste Combustors (IT3/HWC)Baton Rouge, LA

DECEMBER7–8 Vapor Intrusion, Remediation, and Site ClosureSan Diego, CA

JUNE20–23 2016 A&WMA AnnualConference & ExhibitionNew Orleans, LA

JOURNALListed here are the papers appearing in the May 2016issue of EM’s sister publication, the Journal of the Air &Waste Management Association (JA&WMA).Visit our website for more information.

May 2016 • Volume 66 • Number 5

Technical PapersKinetics and the mass transfer mechanism of hydrogensulfide removal by biochar derived from rice hull

Vehicle emission implications of drivers’ smart advisorysystem for traffic operations in work zones

Modeled response of ozone to electricity generationemissions in the northeastern United States using threesensitivity techniques

Air quality mapping using GIS and economic evalua-tion of health impact for Mumbai City, India

Cooperation control strategies for China’s cross-regionpollution in a lake basin based on green reduction cost

Spatial analysis of volatile organic compounds in SouthPhiladelphia using passive samplers

Effects of different ratios of pig manure to fungusresidue on physicochemical parameters during com-posting

Response surface modeling for the inactivation of Bacil-lus subtilis subsp. niger spores by chlorine dioxide gasin an enclosed space

Comparison of carbon footprints of steel versus con-crete pipelines for water transmission

Predicting emissions from oil and gas operations in theUinta Basin, Utah

Keep informed about the latest research and sign upfor new content e-mail alerts.

To order your print copies of JA&WMA, visit us online.


UNMASKING THE INDUSTRIALRENAISSANCE

Find details on sessions, events, exhibitors, and more online.


http://ace2016.awma.org

Attend ACE2016 and...

June 20-23, 2016

Join 1500 global environmental professionals at the Air & Waste Management Association’s109th Annual Conference & Exhibition in New Orleans for the industry’s most comprehensiveevent on environmental technology and regulation.

This year’s technical program will focus on meeting the environmental challenges of newand expanding industrial activity that has been, and will continue to be, experienced as aresult of increased supply and lower prices of natural gas.

Here’s just a few of the Top 10 reasons you don't want to miss ACE this year:• Keynote Presentation by A. Stanley Meiburg, Acting Deputy Administrator, US EPA• 46th Annual Critical Review on Emissions from Oil and Gas Operations• Over 400 research, technology, and compliance• Networking events and expanded exhibit hours• Your four days at ACE could be the most valuable all year for your company and your career

Turn informationinto knowledge

Turn contactsinto sales

Turn technologyinto solutions

Register by May 23and SAVE!

A&WMA HeadquartersStephanie M. GlyptisExecutive DirectorAir & Waste Management AssociationOne Gateway Center, 3rd Floor420 Fort Duquesne Blvd.Pittsburgh, PA 15222-14351-412-232-3444; 412-232-3450 (fax)[email protected]

AdvertisingMeredith [email protected]

EditorialLisa BucherManaging [email protected]

Editorial Advisory CommitteeMingming Lu, ChairUniversity of CincinnatiTerm Ends: 2016John D. Kinsman, Vice ChairEdison Electric InstituteTerm Ends: 2016John D. BachmannVision Air ConsultingTerm Ends: 2016Gary Bramble, P.E.AESTerm Ends: 2016Prakash Doraiswamy, Ph.D.RTI InternationalTerm Ends: 2017Ali FarnoudRamboll EnvironTerm Ends: 2017Steven P. Frysinger, Ph.D.James Madison UniversityTerm Ends: 2016

Keith GaydoshAffinity ConsultantsTerm Ends: 2018C. Arthur Gray, IIICP Kelco-HuberTerm Ends: 2016Christian HogrefeU.S. Environmental Protection AgencyTerm Ends: 2016Ann McIver, QEPCitizens Energy GroupTerm Ends: 2017Dan L. Mueller, P.E.Environmental Defense FundTerm Ends: 2017Brian Noel, P.E.SABICTerm Ends: 2017Blair NorrisAshland Inc.Term Ends: 2017Teresa RaineERMTerm Ends: 2017Anthony J. Sadar, CCMAllegheny County Health DepartmentTerm Ends: 2018Jesse L. ThéLakes Environmental SoftwareTerm Ends: 2016Susan S.G. WiermanMid-Atlantic Regional Air Management AssociationTerm Ends: 2018James J. Winebrake, Ph.D.Rochester Institute of TechnologyTerm Ends: 2018

Layout and Design: Clay Communications, 1.412.704.7897

EM, a publication of the Air & Waste Management Association, is published monthly with editorial and executive offices at OneGateway Center, 3rd Floor, 420 Fort Duquesne Blvd., Pittsburgh, PA 15222-1435, USA. ©2016 Air & Waste Management Asso-ciation (www.awma.org). All rights reserved. Materials may not be reproduced, redistributed, or translated in any form withoutprior written permission of the Editor. A&WMA assumes no responsibility for statements and opinions advanced by contributorsto this publication. Views expressed in editorials are those of the author and do not necessarily represent an official position ofthe Association. A&WMA does not endorse any company, product, or service appearing in third-party advertising.

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