Industry Trends Report


Concrete JSI: Industry Trends Report XXX

EPA releases greenhouse gas permitting guidance, Supreme Court agrees to hear landmark climate change lawsuit and
progress made at U.N. climate conference in Cancun.

December 15, 2010


The editors of the Industry Trends Report will endeavor to keep JSI members informed of legal, regulatory and sustainability trends that may have an indirect or direct impact on the concrete industry. Please direct your comments regarding the articles or feedback about the Industry Trends Report to Kevin.Mlutkowski@concrete.org

Public Action

EPA releases GHG permitting guidance
Source: The U.S. Environmental Protection Agency. December 2010.

The Environmental Protection Agency (“EPA”) released a comprehensive document explaining the recommended procedures for state agencies when issuing Prevention of Significant Deterioration (“PSD”) and Title V permits for greenhouse gases under the Clean Air Act. In addition, the EPA published a white paper addressing control techniques for the cement manufacturing sector to reduce greenhouse gas emissions.
Link to full story.
http://www.epa.gov/nsr/ghgdocs/epa-hq-oar-2010-0841-0001.pdf
Link to cement industry white paper.
http://www.epa.gov/nsr/ghgdocs/cement.pdf


EPA wants to delay until 2012 issuing air rule for boilers, incinerators
Source: Air & Waste Management Association, Andrew Childers and Steven Cook. December 2010.

The EPA asked a federal court to grant an extension on issuing final rules for boilers and incinerators. The EPA is under a court order to issue rules by January 16, 2011 and seeks an extension until April 2012 to consider new emissions data and numerous public comments.
Link to full story.
http://www.awma.org/pressroom/index.html?id=2182


U.S. Supreme Court to rule in key greenhouse gas lawsuit
Source: Environment News Service. December 7, 2010.

The U.S. Supreme Court agreed to hear a lawsuit about whether federal common law recognizes climate change nuisance suits. The case will have significant implications for the future of emissions related lawsuits.
Link to full story.
http://www.ens-newswire.com/ens/dec2010/2010-12-07-093.html


Court denies industry bid to freeze EPA climate rules
Source: The Hill, Ben Geman. December 10, 2010.

The U.S. Court of Appeals of the D.C. Circuit denied industry pleas to stay EPA regulation of GHG’s while lawsuits work their way through the courts. Industry fears that the decision may result in industrial and power project construction delays, due to uncertainty over the permitting process.
Link to full story.
http://thehill.com/blogs/e2-wire/677-e2-wire/133193-court-denies-industry-bid-to-freeze-epa-climate-rules


A surprising success
Source: The Economist. December 11, 2010.

While the expectations were low, there was significant progress made at the United Nations (“U.N.”) climate conference in Cancun. Two agreements were made: first, reductions in deforestation and forest degradation, and second, a fund for climate finance administered by an independent board. The most notable achievement was keeping the U.N. process alive, which was in serious question after the collapse of the Copenhagen talks last year.
Link to full story.
http://www.economist.com/blogs/newsbook/2010/12/climate_change

 

EPA chief Lisa Jackson braces for battle with Congress over climate change regulations
Source: NJ.com, Tom Moran. December 12, 2010.

President Obama and Lisa Jackson, the EPA Administrator, met recently to discuss climate strategy in light of Congress’s failure to act on comprehensive climate legislation. Jackson will meet staunch opposition from Republicans as she tries to implement new climate policy.
Link to full story.
http://blog.nj.com/njv_editorial_page/2010/12/epa_chief_lisa_jackson_braces.html

 

Private Sector Initiatives

The future cost of construction
Source: Atlanta Business Chronicle, Ted Benning. November 29, 2010.

Construction trends show that material prices are rising due to increasing governmental regulation. Some cement suppliers are increasing prices by $8 per ton as a result of the National Emission Standard for Hazardous Air Pollutants mandated by the EPA.
Link to full story.
http://www.bizjournals.com/atlanta/real_talk/2010/11/the-future-cost-of-construction.html

 

World’s first zero-emission center located in Dublin
Source: Irish Energy News, Natalie Kehle. December 2, 2010.

A new convention center was built in Dublin, Ireland using sustainable features such as low carbon concrete. The concrete is made from ground granulated blast-furnace slag that emits 16 times less carbon during the manufacturing process than traditional concrete.
Link to full story.
http://irishenergynews.com/home/index.php/2010/12/02/world’s-first-zero-emission-centre-located-in-dublin/

 

Concrete technologies
Source: ConstructionWeekOnline.com. December 6, 2010.

Concrete suppliers are developing new sustainable products for the Middle Eastern market. Concrete is being utilized extensively in the Middle East for its insulating properties. Sustainable products include: concrete that replaces cement with granulated blast furnace slag or pulverized fly ash, which results in lower manufacturing emissions and a stronger finished product.
Link to full story.
http://www.constructionweekonline.com/article-10362-concrete-technologies/

 

PET project
Source: The Economist. December 6, 2010.

Researchers at Temple University have created a paving product derived from plastic bottles, also known as polyethylene terephthalate (“PET”). The product compares in strength and cost to concrete and is porous to reduce storm water run-off. Further tests will be performed to determine whether the product can be produced commercially.
Link to full story.
http://www.economist.com/node/17664351

 

 

Anna M. Maiuri
Maiuri
Eric Jamison
Jamison
Compiled twice monthly by Anna M. Maiuri, Principal, and Eric M. Jamison, Associate, of the Miller Canfield Climate Change Practice Team

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E-mail kevin.mlutkowski@concrete.org to receive notification of future Legal Updates.