INDUSTRY NEWS
UCLA Career Center [Wednesday, April 21, 2010 5pm, UCLA Career Center, Second
Floor, Room 200]

Is your career COMPASS pointing you towards a career in geography, GIS, or
urban planning? Don’t let a lack of planning leave you out in the TUNDRA. Join
our panel of professionals as they discuss the variety of career opportunities
in the fields of geography and urban planning. This event will provide you with
the opportunity to network with professionals who represent academic, government
sector, private industries, and more. NAVIGATING your career plans requires that
you utilize your available RESOURCES, ABSORB the information around you, DEVELOP
yourself, BUILD your network, and PLAN for the future. We are confident that
this session will help you DESIGN your personal ROAD MAP to success.
Speakers include:
Darrin Domingo, MBA, REA II, CHMM, Principal, EDI
Consultants, Inc., UCLA Alumnus 1993
Jeffry Carpenter, City Planner, City Of Los Angeles,
UCLA Alumnus 1971
Gerald Gubatan, Senior Planner, Community
Redevelopment Agency of the City of Los Angeles (CRA/LA), UCLA Alumnus 1983
Michael Shin, PhD, Associate Professor, UCLA
Geography Department
Bart B. Sokolow, D.Env., P.E., R.E.A., President,
EnvironmentalAdvisors, Inc., UCLA Alumnus
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EPA Disapproves Air Permitting Exemption Program in Texas [March 31, 2010]
Dallas, Texas – March 31, 2010) Today, EPA disapproved the Qualified
Facilities exemption rule that TCEQ had submitted for inclusion in its federally
approved State Implementation Plan. The rule allows companies that have Texas
issued air permits to avoid certain federal clean-air requirements including
public review when they modify their plants. EPA has determined that this
regulation does not meet several federal Clean Air Act requirements. “Today’s
action improves transparency by requiring companies that modify their operations
to notify the public and will assure that all air emitting sources are properly
permitted under the Clean Air Act,” said Al Armendariz, Regional Administrator.
“Improved public review will better inform our communities about the
environmental conditions where they live.” The Clean Air Act ensures that
businesses across the country operate efficiently and cleanly. Under the Act,
all states must develop plans for meeting federal requirements to protect pubic
health, including an air permitting program. Since EPA approved Texas’ major
clean-air permitting plan in 1992, the state has submitted over 30 regulatory
changes to the EPA approved plan. Today’s action represents final agency
decision on one of those regulatory changes. In September 2009, EPA issued a
Federal Register Notice proposing to disapprove the TCEQ’s Qualified Facilities
Program and invited public comment. EPA has completed its careful review of
comments and is now issuing its final decision. EPA has been meeting with the
Texas Commission on Environmental Quality, industry representatives, and
environmental groups to discuss deficiencies with air emission permits issued by
the state agency to industry in the state. These discussions have led to Texas
proposing new rules used to issue permits. EPA intends to work with the state
and interested parties as air quality permits are transitioned in a gradual and
structured manner to be consistent with state and federal law. EPA is committed
to a close partnership with industry, environmental organizations, and community
leaders as we work with the state to update the state-issued permits. In July
2009, EPA and Business Coalition for Clean Air (BCCA) Appeal Group, Texas
Association of Business, and Texas Oil and Gas Association reached an agreement
regarding the timing of federal review of regulatory changes to Texas’ air
permitting program. EPA is likely to issue final decisions on two additional
changes--the Flexible Permits Program and New Source Review Reform
regulations—before the end of the year.
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EPA Proposes to Revoke New Source Review Final Rule [March 30, 2010]
WASHINGTON – The U.S. Environmental Protection Agency is proposing to revoke
a January 2009 rule that changed the way existing industrial facilities combine
upcoming construction projects to determine if Clean Air Act permits are needed.
EPA is concerned that the changes made last year to its “aggregation policy”
would make the agency’s New Source Review permitting program less effective,
allowing facilities to increase emissions that may impact air quality without a
thorough review.
The new proposal responds to a petition to reconsider the 2009 rule. The 2009
rule directed facilities and permitting authorities to combine emissions from
construction projects only when the changes are “substantially related,” such as
having more in common than the timing of construction.
EPA is proposing to go back to its original policy, which required combining
projects based on a broader range of factors. This would ensure that potential
emissions increases that could harm air quality do not avoid review and the
installation of state-of-the-art pollution controls.
New Source Review is a pre-construction permitting program to ensure air
quality is maintained when factories, industrial boilers and power plants are
built or modified. The program ensures that state-of-the art emission control
technology is installed at new plants or existing plants that are undergoing a
major modification.
EPA also is proposing to extend the effective date of the 2009 aggregation
rule for an additional six months, to give the agency time to complete the
reconsideration. EPA will take comment on the proposal rule for 30 days after it
is published in the Federal Register. More information: http://www.epa.gov/nsr/actions.html.
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Court Affirms Judgment, Orders $3.1 Million Payment [February 23, 2010]
A federal appeals court Dec. 29, 2009, affirmed a $3.1 million judgment in
favor of the United States against Raytheon Aircraft Co. in a case stemming from
trichloroethylene contamination at an airport in Herington, Kan. (Raytheon
Aircraft Co. v. United States, 10th Cir., No. 08-3237, 12/29/09).
The U.S. Court of Appeals for the Tenth Circuit affirmed a trial court
judgment under the Comprehensive Environmental Response, Compensation, and
Liability Act, saying Raytheon had not established that the assessment of the
response costs was in error.
The dispute involved trichloroethylene (TCE) contamination at the Tri-County
Public Airport, which the U.S. Army had used from 1942 to 1945. In a May 2008
bench trial, the federal district court found no support for Raytheon's claims
that the company was not the sole source of the seven-mile plume of TCE
contamination (Raytheon Aircraft Co. v. United States, 556 F. Supp. 2d 1265, 67
ERC 1805 (D. Kan. 2008)).
Raytheon is a successor to Beech Aircraft Corp., which operated the airfield
during the 1950s. The Army used TCE during World War II to remove grease from
airplane parts. The United States and Raytheon agreed they were the only two
potentially liable parties for the contamination, which was confirmed in the
groundwater by the state of Kansas during the mid-1990s. After the Environmental
Protection Agency was notified, it conducted an expanded site inspection and
remedial investigation and concluded the TCE contamination was from Beech's use
of vapor degreasers at the site.
Raytheon unsuccessfully argued it was not solely liable for the contamination
at the site and $3.1 million in response costs. The Tenth Circuit explained that
when the government seeks recovery of its costs, the burden of proof on the
question lies with the defendant. The trial court concluded Raytheon had not
established the assessment of such costs was in error and the appellate court
affirmed the determination.
Text of the decision is available at
http://www.ck10.uscourts.gov/opinions/08/08-3237.pdf |

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