Sustainability

Wal-Mart Goes Green-er

Wal-Mart Stores, Inc.'s just-announced labeling plan to require suppliers to disclose the full greenhouse gas (GHG) and “environmental footprint” of their products illustrates -- once again -- the growing power of the retail giant to drive environmental decisions. Wal-Mart CEO Mike Duke July 16 unveiled a “Sustainability Index” program that will focus on reducing energy consumption and waste, as well as introducing more sustainable products, according to a July 16 presentation . According to the presentation, the program, which could...

ENGINE INDUSTRY ASKS EPA TO HELP LIMIT SUITS OVER HIGH-GRADE ETHANOL

Engine manufacturers are urging EPA to scale up its enforcement and educational campaigns to reduce unlawful sales of fuel blends with high levels of ethanol as a way to reduce potential industry liability from the growing number of class action suits stemming from engine damage due to the fuels' use. While no class action suit has yet targeted the engine manufacturers, "If someone's tractor malfunctions because there was too much ethanol in the tank, the trial attorneys may target the...

RENEWABLE ENERGY INITIATIVE SEEN SPARKING COURT BATTLES

A controversial November ballot measure seeking to boost renewable energy in the state could spark lawsuits over electricity transmission because the measure's proposal to shift regulatory authority from one state energy agency to another is ambiguous, opponents of the initiative argued this week. Another disagreement between backers and opponents of the measure over whether smaller renewable energy projects would be shut out of helping utilities meet the state's renewable portfolio standard (RPS) could also end up in court and have...

ENGINE MAKERS SEEK EPA HELP TO LIMIT TORT SUITS OVER HIGH-GRADE ETHANOL

Engine manufacturers are urging EPA to scale up its enforcement and educational campaigns to reduce unlawful sales of fuel blends with high levels of ethanol as a way to reduce potential industry liability from a growing number of class action suits stemming from engine damage due to the fuels' use. While no class action suit has yet targeted engine makers, "If someone's tractor malfunctions because there was too much ethanol in the tank, the trial attorneys may target the [engine]...

USDA SECRETARY SEEK TO BOOST EPA'S RFS

KANSAS CITY, MO -- EPA is already facing criticism as it seeks to implement a renewable fuels standard (RFS) requiring deployment of 36 billion gallons of renewable fuels but Agriculture Secretary Ed Schafer says the standard should be raised to 43 billion gallons. Addressing EPA's agriculture advisory committee here Sept. 8, Schafer said an increase in the RFS supply mandate to 43 billion gallons would help displace 1 billion barrels of fossil fuel, one-quarter of current oil imports. Schafer added...

GOVERNOR SEEN APPROVING BILL ALLOWING BIOFUEL MIXES IN FUEL TANKS

The Legislature is poised to enact a first-of-its-kind bill allowing the continued operation of underground storage tanks (USTs) containing untested biofuel blends while third-party investigators examine such blends' corrosive effects. The bill would circumvent a state memo that ordered any tanks containing untested fuel blends to be shut down immediately. An source said other states will likely take notice of the legislation, as more industries and municipalities weigh the use of biodiesel as an alternative fuel source amid an ongoing...

CALIFORNIA WEIGHS LAW ALLOWING UNTESTED BIOFUEL MIXES IN FUEL TANKS

California's state legislature is poised to send a first-of-its-kind bill to Gov. Arnold Schwarzenegger (R) that would allow owners of underground fuel tanks containing untested biofuel blends to keep operating their tanks while third-party investigators determine the blends' corrosive effects, helping the tank owners circumvent a state memo that ordered any tanks containing untested fuel blends to be shut down immediately. An informed source says other states will likely take notice of the legislation, as more industries and municipalities weigh...

TEXAS EYES 'ENVIRONMENTAL' BID TO WAIVE RFS FOLLOWING EPA REJECTION

Texas Gov. Rick Perry (R) is signaling the state may pursue a new petition to force EPA to waive the renewable fuel standard's (RFS) mandates for corn ethanol because of its environmental harms as Administrator Stephen Johnson announced Aug. 7 that the agency would be denying Perry's request to waive the standard due to economic harms. Just before Johnson's announcement, Perry Aug. 6 filed supplemental comments to EPA reserving his right to seek a waiver due to the RFS' harms...

TEXAS GOVERNOR OUTLINES LEGAL BASIS TO CHALLENGE RFS WAIVER DENIAL

Texas Gov. Rick Perry (R) is outlining arguments that could be used in a future legal challenge to EPA's pending decision on his request to waive a portion of the renewable fuel standard (RFS) -- should the agency deny the request -- relying on economic and national security issues rather than environmental issues. At the same time, Perry's comments on his petition to EPA to waive a portion of the RFS for this year also asks the agency to extend...

EPA PLANS TO COUNT FERTILIZER GHG EMISSIONS IN RFS DESPITE INDUSTRY FEARS

EPA plans to include greenhouse gas emissions (GHG) from fertilizers used on crops in its lifecycle GHG analysis for the 2007 renewable fuels standard (RFS), according to a senior agency official, amid growing agriculture industry concerns about the impact of future climate regulations on the industry. EPA is required to conduct the analysis to ensure that biofuel produced by new refineries to meet the RFS will emit fewer GHGs than conventional gasoline, but the fact the agency plans to include...

EPA LAUNCHES ENFORCEMENT INVESTIGATION OF MID-GRADE ETHANOL SALES

EPA's Office of Enforcement & Compliance Assurance (OECA) will begin investigating retails sales of gasoline that contains ethanol in amounts higher than the current 10 percent cap, according to a July 31 letter the agency sent to the American Petroleum Institute (API). The letter is a response to concerns from a wide range of industry groups that mid-grade ethanol is being sold to drivers of non-flex fuel vehicles (FFVs), for which the higher blends are authorized, and that drivers who...

TEXAS GOVERNOR OUTLINES LEGAL BASIS TO CHALLENGE RFS WAIVER DENIAL

Texas Gov. Rick Perry (R) is outlining arguments that could be used in a future legal challenge to EPA's pending decision on his request to waive a portion of the renewable fuel standard (RFS) -- should the agency deny the request -- relying on economic and national security issues rather than environmental issues. At the same time, Perry's comments on his petition to EPA to waive a portion of the RFS for this year also asks the agency to extend...

AMTRAK BILL REQUIRES EPA CONSULTATION IN STUDY ON RAIL BIOFUEL USE

Rail carrier Amtrak's pending reauthorization legislation includes a little-noticed provision that would require the Federal Railroad Administration (FRA) to consult with EPA and the Department of Energy in conducting a study on the viability of using biofuel blends to power freight and passenger rail fleets. The Passenger Rail Investment & Improvement Act, S. 294, includes a provision that would mandate that the study be completed within one year of the bill's enactment. As part of the study, the FRA would...

EPA, TEXAS SEEN AGREEING TO DELAY RENEWABLE FUELS WAIVER DECISION

EPA Administrator Stephen Johnson announced July 22 that EPA is delaying until August its pending decision on whether to grant Texas' request to waive the renewable fuel standard (RFS) mandate for corn ethanol. A source familiar with the matter says the move could help the agency deny the waiver request as corn prices -- a key factor in the decision -- moderate from their June highs. At a meeting July 9, EPA Administrator Stephen Johnson and Texas Governor Rick Perry...

EPA, TEXAS SEEN AGREEING TO DELAY RENEWABLE FUELS WAIVER DECISION

EPA may delay its pending decision on whether to grant Texas' request to waive the renewable fuel standard (RFS) mandate for corn ethanol, a source familiar with the matter says, a move that could help the agency deny the waiver request as corn prices -- a key factor in the decision -- moderate from their June highs. At a meeting July 9, EPA Administrator Stephen Johnson and Texas Governor Rick Perry (R) discussed a delay, the source says. The officials...

INDUSTRY SAYS EPA RFS WAIVER 'ECONOMIC HARM' DECISION WILL SET PRECEDENT

The paper industry is urging EPA to carefully consider a first-time request before the agency to waive the renewable fuels standard (RFS) mandate for corn ethanol because the agency's decision will set a precedent for non-corn waivers, including a likely request to waive the cellulosic mandate to protect the paper industry from economic harm. In June 23 comments submitted to EPA on Texas' RFS waiver request, the American Forest & Paper Association (AFPA) says EPA should consider the "real likelihood"...

AGRICULTURE GROUPS SPLIT ON 'ECONOMIC HARM' IN RFS WAIVER COMMENTS

Livestock producers are citing scores of statistics in support of a partial EPA waiver of the corn-ethanol renewable fuel standard (RFS), in an effort to prove that livestock industry losses meet the air act's statutory threshold of "economic harm" that justifies a waiver of the standard. However, the RFS waiver request has divided the agriculture industry, with crop growers strongly opposed to the waiver. Crop producers argue that livestock industry losses are "miniscule" in the context of the broader economy,...

EXPERTS CITE POSSIBLE INDICATORS, DRAWBACKS IN EPA BIOFUELS EFFORT

Although results of a closely held EPA and inter-agency effort to develop sustainable biofuels indicators are still weeks away, outside experts have provided insights into possible federal indicators by noting that carbon storage, nutrient use, land use changes and other impacts from growing crops for fuel are among the logical indicators for potential risks of expanded biofuel production. But the experts also raise concerns that some key indicators are incomplete and others are not currently tracked, a potentially significant drawback...

RFS WAIVER DECISION ON CORN ETHANOL MAY SET BROAD BIOFUEL PRECEDENT

EPA's pending decision on whether to waive renewable fuels standard (RFS) requirements for corn-based ethanol could set a broad precedent for the agency's upcoming regulation governing waivers from the RFS, as well as future supply mandates for advanced and cellulosic biofuels, sources say. EPA is taking comment through June 23 on Texas Governor Rick Perry's (R) April 25 petition asking the agency to waive 50 percent of the 9 billion gallon 2008 RFS due to high food prices. EPA plans...

EPA DROPS PLANS FOR MODEL 'GREEN' INFRASTRUCTURE WATER PERMIT

EPA is dropping its plan to develop model permit language to help water regulators incorporate "green" stormwater infrastructure into Clean Water Act stormwater and discharge permits and instead will issue more flexible guidance on the issue, according to an EPA official. One source familiar with municipal stormwater issues says that EPA's scaled-back approach to its green stormwater infrastructure initiative highlights the agency's ongoing difficulties in quantifying the benefits of the techniques. The agency's move comes in response to concerns from...

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