Submitted by Waste Pro, Inc. Waste Pro USA, Inc. takes great pride in not resting on its laurels. With the recent announcement of an investment of $100 million to begin converting its diesel truck fleet to that of a Compressed Natural Gas (CNG) fleet, Waste Pro continues its commitment to maintaining a “Blue Sky, Green Earth”. The investment also includes construction of state of the art fueling facilities throughout the South. “We care about the communities we serve. Our future includes a continued commitment to solar powered facilities, residential and commercial recycling, landfill diversion, and clean air. This move will… Read more
Environmental and Sustainability Law
Lenders: Beware of Potential Environmental Liabilities of Foreclosed Properties
Potential lender liability for contamination of foreclosed properties has been known for decades, and has been addressed by specific provisions in the federal Superfund law, among others. Less well known, but potentially as significant, is the liability a lender can incur by foreclosing on property that is under development, under the federal Clean Water Act and its state counterparts (the CWA). The CWA requires most construction projects to be permitted under either an individual NPDES permit, or a general permit for construction activities, either of which legalizes the discharge of stormwater runoff from sites under construction, as long as the… Read more
New Rules for Underground Storage Tanks on the Horizon
EPA has proposed new requirements for underground storage tanks that will increase compliance requirements and extend them to all new and replaced tanks. If promulgated, the proposed rule would require the installation of secondary containment systems for all new and replaced tanks. It would also implement corrosion protection requirements intended to ensure that tanks are compatible with new biofuels, including E15 ethanol. For more information regarding the proposed rules, contact Phillip Hoover (pehoover@sgrlaw.com) or Steve O’Day (soday@sgrlaw.com).
Inside the Winners Circle
On November 1, 2011, Steve O’Day was a featured guest on “Inside the Winners Circle” radio show, a program of Atlanta Business RadioX. The show features leaders from all segments of the American landscape to pinpoint their “X” factor—whatever it is that leveraged them from ordinary to extraordinary. The show also offers innovative tips and strategies designed for the business professional. During the show, Steve discussed sustainability from a business and legal perspective, and how it can improve the bottom line, create jobs, and support economic growth. Also featured in the inaugural episode were Faith Zydowsky of Waste Pro USA… Read more
Our Top 5: The Weekly Round-up, Environmental & Sustainability — November 2, 2011
1) Venture Capital Investments in Clean Tech Companies Down 44% Venture capital investments in what the industry calls “clean tech” companies fell to $1.1 billion in the second quarter this year, a 44 percent decline from the second quarter of 2010, according to an analysis by the firm Ernst & Young. The number of deals involving clean-tech firms dropped 12 percent during the same period, according to a new analysis by the center-left think tank Third Way. Source: The Washington Post, 2011-10-26. 2) Bill to Ban Airlines from E.U. Plan Could Spark Trade War The U.S. House of Representatives’ backing… Read more
EPA Will Treat Biomass as Fuel Rather Than Waste
EPA Administrator Lisa Jackson recently wrote in a letter to Senator Olympia Snowe (R-ME) that EPA will promulgate a rule revision that will define biomass as a fuel subject to its boiler maximum achievable control technology (MACT) rule, rather than a nonhazardous waste subject to its rule for commercial and industrial solid waste incinerators (CISWI). The letter was sent in response to the Senate’s consideration of S. 1392, which would treat “all forms of biomass” as fuel, including resinated wood and treated wood. S. 1392 has the backing of 35 Senators, including 11 Democrats. The House version of the legislation… Read more
Georgia Public Service Commissioner Calls for Potential Renewable Portfolio Standard
A shock of excitement raced through the solar industry last week after a Georgia Public Service Commissioner released a statement recommending the Commission—as well as Georgia legislators, solar industry experts and the state’s largest utility, Georgia Power—immediately “investigate and implement needed changes” with regard to solar energy in the state. On October 18, 2011, Lauren “Bubba” McDonald wrote that given the recent negative press surrounding solar, he took it upon himself to conduct his own research. What he found was that despite being “the 3rd-5th best State for solar energy in the USA,” Georgia ranks 35thin actual solar installs, even… Read more
EPA Proposes to Increase Emission Limits in Nine States
On October 6, the U.S. Environmental Protection Agency (“EPA”) issued a proposed amendment to its Cross-State Air Pollution Rule (CSAPR), which would increase state-wide limitations on emissions of sulfur dioxide and nitrogen oxide in nine states. Finalized only three months earlier, CSAPR establishes an interstate emissions trading system that caps emissions of sulfur dioxide and nitrogen oxide from electric generating units in 27 Eastern states. The goal is to reduce interstate transport of pollution to help downwind states in their efforts to attain and maintain the National Ambient Air Quality Standards. The states affected by EPA’s October 6 proposed increases… Read more
IRS Announces It May Audit Section 1603 Cash Grant Awards
In an apparent reversal of course in response to concern that taxpayers are overinflating their costs for eligible renewable energy projects, the IRS recently announced it may audit certain renewable energy projects that receive a cash grant in lieu of tax credits under Section 1603 of the American Recovery and Reinvestment Act. Section 1603 of the American Recovery and Reinvestment Act of 2009 allows a taxpayer to elect to receive a cash grant payment of up to 30% of the eligible basis of certain renewable energy property, in lieu of the 30% tax credit offered for investment in such projects…. Read more
EPA’s Carbon Capture and Storage Rule Takes Effect
On September 7, EPA’s Safe Drinking Water Act rule regulating underground injection wells for carbon capture and storage took effect, with no States having applied for primacy in implementing the rule. EPA retains permitting authority throughout the country. The final rule was promulgated in December 2010, and gave States 270 days to submit State regulatory programs that met the minimum requirements of the rule. While some states had previously promulgated their own rules consistent with EPA’s previously proposed rule, EPA’s final rule changed the provisions of the proposed rule, so the States must amend their programs to comply with EPA’s… Read more