2005
Oil Pollution Prevention On December 12, 2005, EPA published two proposed rules under 40 CFR Part 112 in the Federal Register. The first rule will extend the date by which all facilities must prepare or amend and implement their SPCC Plans. The new compliance date is October 31, 2007. The second rule will amend existing SPCC Plan requirements by reducing the regulatory burden for certain facilities.
Current Compliance Dates
Proposed Rule: Compliance Date
Proposed Rule: SPCC Plan Requirements Amendments
Summary SPCC Rule Requirements
Greenhouse Gases 1
Between November 28 and December 9, 2005, the United Nations Climate Change Conference (UNCCC) was held in Montreal, Canada. More than 150 nations agreed to launch formal talks on reductions in greenhouse gases for the time after the Kyoto Protocol will run out in 2012. The U.S. declined to sign the agreement. More
Greenhouse Gases 2 With the accession of Guinea-Bissau on November 18, 2005, 157 Parties have deposited instruments of ratification, accession, approval or acceptance for the Kyoto Protocol. The Protocol came into force on February 16, 2005, following the ratification by Russia in November 2004. Although the U.S. pulled out of the Protocol in 2001, more and more U.S. companies become interested in voluntarily reducing their Greenhouse Gas (GHG) Emissions. OMNI recently started publishing a four-part series of articles on GHG emission reduction. Please view our Fall 2005 Newsletter for "Part 1: Legislative Highlights".
All Appropriate Inquiry The 2002 Small Business Liability Relief and Revitalization Act, a CERCLA amendment, required the U.S. EPA to develop a federal standard for all appropriate inquiries (AAIs). Almost four years later, on November 1, 2005, EPA's final rule on Standards and Practices for All Appropriate Inquiries was promulgated in the Federal Register. Conducting AAIs prior to property acquisition provides landowners with CERCLA liability protection. The American Society for Testing and Materials (ASTM) has prepared E 1527-05, a Phase I Environmental Site Assessment standard compliant to the AAI rule, which replaces the interim standard E 1527-00.
AAI Rule (full text)
Comparison of the AAI Standard and the ASTM E1527-00 ESA Standard
Residual Risk On April 15, 2005, U.S. EPA's final rule on "National Emission Standards for Coke Oven Batteries" was publicized in the Federal Register. It is the first finalized rule under the Residual Risk Program. Further emission standards for Dry Cleaning, HON, and Halogenated Solvents are expected to follow in 2006.
Summary Residual Risk Program
Eminent Domain On February 22, 2005 the Kelo v. City of New London case was argued before the United States Supreme Court. The case origined in the City's application of eminent domain to acquire privately owned real property so that it could be used for economic development. The Fifth Amendment to the U.S. Constitution permits the use of eminent domain (which describes the power of a state to appropriate private property for own usage without the owner's consent) only if the taking is for a "public use." A decision in favor of the City of New London was announced on June 23, 2005.
Read more in our Newsletter.
BB&T Corporate Policy on Eminent Domain
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