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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Trimming Trimmer Pollution
Stuart Lieberman, Esq.,

Lawn trimmers and chain saws may not look different in the year 2007, but they will be more environmentally friendly. Recently imposed government emission standards now apply to hand held engines at or below 25 horsepower, such as trimmers and chainsaws.

There is a phase-in period for compliance, but the emission regulations will be fully in effect in the year 2007. At that time, the EPA projects that 350 thousand tons of smog constituents will be removed from this earth.

That's real good news for all of us. Our industrial society has done our air wrong and it is changes such as these which can help us, and future generations, breathe easier again.

Many studies link ozone, which is largely what is found in urban smog, with lung disease and asthma. A fabulous 20 million of these small engine devices are sold every single year. Making them more efficient will have a great benefit on improving the quality of the air that we all breathe.

As it turns out, the amount of ozone that is found at ground level, where we are located, happens to be highest during the summer months. And, of course, it is during these same summer months that people tend to use their law care machines. So, it makes even more sense to clean these little smog producers.

Not only will the standards yield cleaner air for all of us, they will do so by making the engines burn fuel more efficiently. That in turn means they will consume less gasoline and cost less to operate. Not exactly a big deal for most homeowners, but clearly a big deal for municipalities and businesses that operate many such machines.

In 1990, Congress asked the EPA to consider the impact of non-road engines, such as these lawn trimmers, as well as boats and farm equipment, on air pollution. Until then, most of our national focus had been on automobiles and industrial plants. These small engine regulations are a result of the Congressional inquiry.

The rule applies to small engines that are produced after September 1997. The allowable emission level from a particular model depends on the size of the engine in question and the year of manufacture.

Before a manufacturer can sell a new engine in the United States, it must first obtain a Certificate of Conformity from the EPA. The certificate demonstrates that the engine meets the rule's requirements. Engines that are approved will have to carry a consumer label stating that it meets current EPA requirements.

The new rules will impact companies that repair lawn mower equipment. Even if they even accidentally do something that can be construed as "tampering," repair shop owners may be subject to a fine from the U.S. EPA. That is an experience that should be avoided, if possible.

People in this business should make a point of learning the new rules and making sure that they remain in compliance. The EPA has a way of singling out little repair businesses to make a point. You don't want to be the lucky company that is singled out!

This is a good kind of rule. While the EPA has proven itself to be ineffective on too many occasions, it some times gets it right. These rules are one such example.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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