Marc Andreessen Inverview

This morning Marc Andreessen, co-founder of Andreessen-Horowitz, was interviewed on CNBC’s Squawk Box.  Mr. Andreessen was also the founder of Netscape.

The interview covered a variety of topics, including the current climate in Silicon Valley as opposed to that of the late 1990s, government regulation, venture capital, private equity, and trade with China.

The interview is over 18 minutes long, but it is worth a listen.

http://video.cnbc.com/gallery/?video=3000076440

WI Governor Signs Bill to Limit Regulatory Burderns

Governor Walker Boosts Small Businesses (Wednesday, February 22, 2012)

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Governor Signs Executive Order to Bolster Small Business Regulatory Review Board; Ensure Job Creators Are Not Hampered by Unnecessary Regulation

Madison—Today while visiting Dynamic Displays in Eau Claire, Governor Walker signed Executive Order (EO) 61 which will further empower the Small Business Regulatory Review Board to determine the economic impact of rules on small business and increase the flexibilities government must give employers when complying with regulations.

“Today we are taking another important step toward making our state an easier place to start up, expand, or relocate a small business,” said Governor Walker.  “Giving small business owners a seat at the table when discussing state regulations will help get buy-in for rules and regulations from employers, assist state agencies in promulgating rules that are realistic, and ultimately grow jobs in Wisconsin.”

The Executive Order signed by the Governor requires all state agencies to cooperate with the Small Business Regulatory Review Board in the rule review process.  Under the Governor’s order all agencies will cooperate with the Board to identify rules that hinder job creation and small business growth.  Agencies will also work with the Board to recommend changes to the rules that will reduce the burden on job creators while continuing to comply with the intent of the statutes that created them.

According to the National Federation of Independent Business, Wisconsin small businesses spend eighty percent more per worker than large employers to comply with government regulations.  91 percent of small businesses said it was impossible to know about, comply with, and understand all of government’s regulations.  Regulations are cited as one of the top three concerns for small business growth.

The EO is an extension of 2011 Wisconsin Act 46, which was signed into law by Governor Walker and made changes to the makeup of the Small Business Regulatory Review Board.  2011 Wisconsin Act 46 coupled with EO 61 requires agencies to assist small businesses with complying with rules, establish reduced fines for minor violations, and consider written warnings for rule violations made by small businesses who act in good faith to comply with a rule.

Governor Walker signed 2011 Wisconsin Act 46 to increase small businesses’ representation on the Small Business Regulatory Review Board.  Previously, the board consisted of more members of state government than small businesses.

2 New England Companies Fined for Violating Haz. Waste Mgt. Reqts.

News Release
U.S. Environmental Protection Agency
New England Regional Office
 February 1, 2012 
Contact: David Deegan, (617) 918-1017

Two New England Companies Fined for Violating Hazardous Waste Management Requirements

(Boston, Mass. – Feb. 1, 2012) – Two New England companies that store and distribute hazardous chemicals have agreed in separate settlements to pay a total of more than $179,000 in penalties and to donate about $43,000 worth of equipment and training to local fire departments to settle EPA claims that they violated federal laws regulating companies that handle hazardous chemicals.


Settlement agreements with EPA’s New England office were signed recently by Hubbard-Hall Inc., a chemical storage and distribution company based in Waterbury, Conn., and by Monson Companies, Inc., which is based in Leominster, Mass. and has a warehouse in South Portland, Maine.


The claims and agreements with both companies arose out of a series of inspections that EPA New England has done in the last two years at chemical warehouse and distribution facilities in an effort to address compliance issues. Since 2009, EPA New England has brought 13 Clean Air Act enforcement actions against companies that warehouse or distribute chemicals, including seven administrative compliance orders and six penalty orders.


Two agreements with Hubbard-Hall settled claims that the company failed to comply with the Clean Air Act at its facilities in Waterbury, Conn., and Wilmington, Mass. Under the agreements, the company will pay $111,290 in fines: $48,090 for Wilmington and $63,200 for Waterbury. The company will also buy hazardous atmosphere detection equipment for the Wilmington fire department and provide training in the use of this equipment, at a total cost of $10,887.
Hubbard-Hall failed to have the required risk management plan, or RMP, at both facilities, EPA said. These plans were necessary because the facilities stored large quantities of highly concentrated hydrofluoric acid. An RMP ensures that companies identify the risks associated with their extremely hazardous chemicals; take steps to prevent chemical releases (such as training employees and storing the chemicals safely), and make sure emergency responders can react quickly and safely to an accidental release.


In addition, in July 2011 EPA issued administrative orders to both Hubbard-Hall facilities for violations of the RMP regulations and the General Duty Clause of the Clean Air Act. According to the orders, the company stored incompatible chemicals so close together that a spill or release of one chemical could result in a violent chemical reaction with another chemical, creating toxic gases or causing a fire or explosion.


According to the agreement signed recently with Monson, the company will pay $68,100 in fines. It will also donate emergency response equipment for use by local emergency response teams and will invite those teams to the facility to participate in a training exercise, at a total cost of $32,975.


This will settle claims that Monson failed to meet the requirements of the Clean Air Act, the Maine Hazardous Waste Management Rules, federal hazardous waste laws and the federal Emergency Planning & Community Right-to-Know Act at its warehouse, distribution, repackaging and custom blending chemical manufacturing facility in South Portland.
EPA’s complaint against Monson asserts that the company violated the Clean Air Act’s General Duty Clause by failing to separate incompatible chemicals and to maintain adequate aisle spacing. Storing incompatible chemicals together creates a risk of fire, explosion, or release of toxic gases, while failure to maintain adequate aisle spacing between chemicals can impede access to the chemicals in the event of an emergency. The “General Duty Clause” of the Clean Air Act aims to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to reduce the severity of accidental releases that do occur. 


According to the agreement, Monson also failed to submit a complete emergency and hazardous chemical inventory (Tier II) form for 2009 to local and state emergency planning officials and to the local fire department, in violation of the federal right-to-know law.  Failure of a facility to file these forms leaves the community unaware of the presence of chemicals in the neighborhood that may affect public health and the environment. Also, these forms help federal, state and local authorities plan for emergency response actions and the cleanup of industrial pollution.


In addition, Monson failed to make hazardous waste determinations to characterize containers of waste observed at the facility, and to update its hazardous waste contingency plan to reflect changes at the facility, as required by Maine Hazardous Waste Management Rules.
Both Hubbard-Hall and Monson cooperated with EPA in promptly correcting the violations and in reaching quick settlements.


EPA reminds operators of facilities that store hazardous chemicals that:


• Without sufficient inventory management, facilities may not realize chemical inventories have exceeded federal regulatory thresholds;
• Incompatible materials must be adequately separated;
• Buildings must be structurally appropriate for flammable chemical storage and equipped with the proper fire protections;
• The list of chemicals covered by OSHA Process Safety Management regulations is not always the same as the list of chemicals covered by Clean Air Act Risk Management Program regulations;
• Companies violating the Clean Air Act often are also violating EPCRA and/or hazardous waste regulations;
• Secondary containment systems for chemicals (to contain spills or leaks) must be in good repair, with drums stored in a stable way, and adequate aisle space for emergency responders;

• The Clean Air Act's General Duty Clause can apply even when Risk Management Program regulations do not. The General Duty Clause requires companies that manage extremely hazardous substances to prevent chemical accidents by, among other things, designing and maintaining a safe facility;

• Regular inspections are important to ensure the integrity of tank areas;
• Companies must coordinate with local emergency responders.


More information: 

- Clean Air Act General Duty Clause (http://www.epa.gov/compliance/civil/caa/gdcenf.html)
- EPCRA (http://www.epa.gov/lawsregs/laws/epcra.html)
- Tier II Reporting (http://www.epa.gov/osweroe1/content/epcra/tier2.htm)

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$1.7 Million Penalty to Resolve Clean Air Act Violations

Excerpts from EPA News Release:

News Releases from Headquarters

 

Essroc Cement Company to Pay $1.7 Million Penalty to Resolve Clean Air Act Violations/$33 million investment in pollution controls to reduce smog and asthma causing emissions by more than 7,000 tons per year

Release Date: 12/29/2011
Contact Information: CONTACTS: Stacy Kika Kika.stacy@epa.gov 202-564-0906 202-564-4355 Cathy Milbourn Milbourn.cathy@epa.gov 202-564-7849

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced that Essroc Cement Company has agreed to pay a $1.7 million penalty and invest approximately $33 million in pollution control technology to resolve alleged violations of the Clean Air Act (CAA) at six of its Portland Cement manufacturing plants. The settlement will protect Americans’ health by reducing more than 7,000 tons of harmful nitrogen oxides (NO_x) and sulfur dioxide (SO₂) pollution each year that can lead to childhood asthma, acid rain, and smog. Essroc has also agreed to spend $745,000 to mitigate the effects of past excess emissions from its facilities.

Under the settlement, Essroc will install state of the art pollution control technology to control SO₂ and NO_x at five of its plants and demonstrate a selective catalytic reduction system (SCR) system at two long wet kilns in its Logansport, Ind. plant. If successful, this will be the first SCRs used on long wet kilns anywhere in the world. Essroc will also permanently retire its sixth plant, located in Bessemer, Penn. This plant is currently out of operation and its permanent retirement will ensure that the facility does not restart without proper permitting under the CAA.

The settlement also requires Essroc to spend $745,000 on a mitigation project to replace old engines in several off-road vehicles at its plant sites. The replacement engines are estimated to achieve approximately a 50-80 percent reduction in nitrogen oxides in each engine.

Reducing air pollution from cement plants is one of EPA’s National Enforcement Initiatives for 2011-2013. Sulfur dioxide and nitrogen oxides, two key pollutants emitted from cement plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. The pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near the Essroc plants, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.

The states of Indiana and West Virginia, and the Commonwealths of Pennsylvania and Puerto Rico, are also signatories to this consent decree.

The settlement was lodged today in the U.S. District Court for the Western District of Pennsylvania, and is subject to a 30-day public comment period and final court approval.