RULES

• Approval and Promulgation of Gila River Indian Community’s Tribal Implementation Plan [EPA-R09-OAR-2007-0296, FRL-9259-9].  SUMMARY: EPA is approving a Tribal implementation plan (TIP) submitted by the Gila River Indian Community (GRIC or Tribe) on February 21, 2007, as supplemented and amended on July 11, 2007, June 22, 2009, and July 17, 2010, and as described in our August 12, 2010 proposal. The TIP includes general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards. These provisions establish a base TIP that is suitable for the GRIC’s reservation and regulatory capacities and that meets all applicable minimum requirements of the Clean Air Act (CAA or Act) and EPA regulations. The effect of this action is to make the approved portions of the GRIC TIP federally enforceable under the CAA and to further protect air quality within the exterior boundaries of the GRIC reservation.
• Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing; Final Rule [EPA-HQ-OAR-2009-0837; FRL-9280-9]. SUMMARY: EPA is finalizing rule revisions that modify existing requirements for sources affected by the federally administered emission trading programs including the NOX Budget Trading Program, the Acid Rain Program, and the Clean Air Interstate Rule.    EPA is amending its Protocol Gas Verification Program (PGVP) and the minimum competency requirements for air emission testing (formerly air emission testing body requirements) to improve the accuracy of emissions data. EPA is also amending other sections of the Acid Rain Program continuous emission monitoring system regulations by adding and clarifying certain recordkeeping and reporting requirements, removing the provisions pertaining to mercury monitoring and reporting, removing certain requirements associated with a class-approved alternative monitoring system, disallowing the use of a particular quality assurance option in EPA Reference Method 7E, adding two incorporation by references that were inadvertently left out of the January 24, 2008 final rule, adding two new definitions, revising certain compliance dates, and clarifying the language and applicability of certain provisions.

NOTICES

• Draft Integrated Science Assessment for Ozone and Related Photochemical Oxidants [FRL-9286-7; Docket ID No. EPA-HQ-ORD-2011-0050]. SUMMARY: EPA is announcing an extension of the public comment period for the first external review draft of a document titled, “First External Review Draft Integrated Science Assessment for Ozone and Related Photochemical Oxidants” (EPA/600/R-10/076A). The original Federal Register notice announcing the public comment period was published on February 28, 2011 (76 FR 10893). This assessment document was developed by the National Center for Environmental Assessment (NCEA) within EPA’s Office of Research and Development as part of the review of the national ambient air quality standards (NAAQS) for ozone.
• Science Advisory Board Staff Office; Notification of a Public Meeting of the Advisory Council on Clean Air Compliance Analysis Augmented for Review of the Report to Congress on Black Carbon. [FRL- 9287-2]. SUMMARY: The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the Black Carbon Review Panel. DATES: The meeting will be held on April 18, 2011 from 9 a.m. to 5 p.m. and April 19, 2011 from 8:30 a.m. to 2:30 p.m. (Eastern Time). ADDRESSES: The Panel meeting will be held at the Omni Shoreham, 2500 Calvert Street NW., Washington, DC 20008.
• Human Studies Review Board (HSRB); Notification of a Public Meeting [EPA-HQ-ORD-2011-0124; FRL-9287-1].  SUMMARY: The U.S. Environmental Protection Agency (EPA) Office of the Science Advisor (OSA) announces a public meeting of the HSRB to advise the Agency on EPA’s scientific and ethical reviews of research with human subjects. DATES: This public meeting will be held on April 13-14, 2011, from approximately 8:30 a.m. to approximately 5 p.m. Eastern Time.

The lawsuit, brought by The Center on Race, Poverty and the Environment alleged that the California Air Resources Board (CARB) had violated state environmental law by failing to properly study alternatives to plans it has adopted.  Judge Goldsmith’s opinion states that the CARB approved the larger plan to implement AB32 prior to completing the required environmental review under the California Environmental Quality Act (CEQA).

Goldsmith found that CARB “seeks to create a fait accompli by premature establishment of a cap-and-trade program before alternative [sic] can be exposed to public comment and properly evaluated by the ARB itself.”

Although the decision, should Judge Goldsmith make it his final ruling, will delay implementation of AB32, the lawsuit was brought not by those opposed to AB32, but by parties who support AB32.  Indeed, the plaintiffs have backed AB32 and have helped defend it against Proposition 23, last November.

While many right-wing, anti-environment pundits have proclaimed this ruling as a victory for climate deniers (see e.g., this blog post), a careful reading of the opinion indicates that this provides a opening for a much broader reading of AB32.  Cap-and-trade, as has been pointed out in this blog previously, was a compromise developed to bring market mechanisms to acid rain regulations.  It was meant to replace “command and control” regulations.  Here, the plaintiffs may seek to move away from cap-and-trade and other market based mechanisms and back to a more command-and-control type system.

In any case, should the ruling become permanent, it will be interesting to see what the CARB does:  will it appeal?  Will it seek a stay so that it can proceed with implementation pending appeal? Or will it simply throw in the towel and go back to the CEQA drawing board?

NOTICES

• Environmental Impact Statements; Notice of Availability. [ER–FRL–8993–3].  Responsible Agency: Office of  Federal Activities, General Information (202) 564–1399 or http://www.epa.gov/ compliance/nepa/. Weekly  receipt of Environmental Impact Statements Filed 10/11/2010 Through 10/15/2010 Pursuant to 40 CFR  1506.9.
• Notice of Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities. [EPA–HQ–OPP–2010–0012; FRL–8851–1]. SUMMARY: This notice announces the Agency’s  receipt of several initial filings of pesticide petitions proposing the establishment or modification of regulations  for residues of pesticide chemicals in or on various commodities. DATES: Comments must be received on or  before November 22, 2010.
• Proposed Administrative Settlement Agreement Under Section 122 of the Comprehensive  Environmental Response, Compensation, and Liability Act for the Crown Vantage Landfill Superfund Site  Located in Alexandria Township, Hunterdon County, NJ. [FRL–9216–7].   SUMMARY: The United States Environmental Protection  Agency (‘‘EPA’’) is proposing to enter into an administrative settlement agreement (‘‘Settlement Agreement’’)  with Georgia- Pacific Consumer Products, LP and International Paper Company (collectively ‘‘Settling Parties’’)  pursuant to Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9622. The Settlement Agreement provides for Settling Parties’ payment of certain response costs incurred by EPA at the Crown Vantage Landfill Superfund Site located in Alexandria Township, Hunterdon County, New Jersey. In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), this notice is  being published to inform the public of the proposed Settlement Agreement and of the opportunity to comment.  or thirty (30) days following the date of publication of this notice, EPA will receive written comments  relating to the  proposed Settlement Agreement. EPA will consider all comments received and may  modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper or inadequate. EPA’s response to any  comments received will be available for public inspection at EPA Region 2, 290 Broadway, 17th floor, New  York, New York 10007–1866. DATES: Comments must be provided by November 22, 2010.

Rules

• Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Determination of Attainment of the 1997 Ozone Standard for the Providence, RI Area. 40 CFR Part 52 [EPA–R01–OAR–2010–0459; A–1–FRL– 9215–9] . SUMMARY: The EPA is determining that the Providence (All of Rhode Island) moderate 1997 8-hour  ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for  ozone. This determination is based upon complete, quality-assured, certified ambient air monitoring data that  show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007–2009 monitoring  period. Preliminary data available to date for the 2010 ozone season is consistent with continued attainment.  Under the provisions of EPA’s ozone implementation rule, the requirements for this area to submit an  attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. In addition, EPA is determining that this area has attained the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date.
• Approval and Promulgation of Implementation  Plans; Illinois; Voluntary Nitrogen Oxides Controls. 40 CFR Part 52 [EPA–R05–OAR–2007–1096; FRL–9215–8] . SUMMARY: On May 1, 2001, the Illinois Environmental  Protection Agency (Illinois EPA) submitted a request for EPA approval of a State Implementation Plan (SIP)  revision for regulations governing Nitrogen Oxides (NOX) emission allowances granted for implementation of  voluntary control of NOX emissions from sources other than those covered by other Illinois NOX emission  control regulations. On March 4, 2008, EPA proposed to disapprove the requested SIP revision. This final rule  completes the disapproval of the requested SIP revision.
• Approval and Promulgation of Implementation  Plans; State of Missouri. 40 CFR Part 52 [EPA–R07–OAR–2010–0415; FRL–9210–3] . SUMMARY: EPA is approving a revision to a State Implementation Plan (SIP) submitted by the State of Missouri. The purpose of this revision is to update the Springfield City Code and is part  of ongoing SIP maintenance to assure that outdated local codes and ordinances do not remain in the SIP. The  revision reflects updates to the Missouri statewide rules, and will ensure consistency between the applicable local agency rules and the Federally approved rules.

Proposed Rules

• Approval and Promulgation of Implementation  Plans; State of Missouri. 40 CFR Part 52 [EPA–R07–OAR–2010–0415; FRL–9210–2] . SUMMARY: EPA is proposing to approve a revision to a State Implementation Plan (SIP) submitted by the state of Missouri. The purpose of this revision is to update the Springfield City Code  and is part of ongoing SIP maintenance to assure that outdated local codes and ordinances do not remain in the  SIP. The revision reflects updates to the Missouri statewide rules, and will ensure consistency between the applicable local agency rules and the Federally approved rules.
• Notice of Data Availability on Coal Combustion Residual Surface Impoundments. 40 CFR Parts 257, 261, 264, 265, 268, 271, and 302 [EPA–HQ–RCRA–2009–0640; FRL–9216–3] RIN  2050–AE81.  SUMMARY: This  document announces the availability of new information and data posted in the docket for EPA’s proposed rulemaking (75 FR 51434, August 20, 2010) on the Disposal of Coal Combustion Residuals from Electric Utilities. The Agency is seeking public comment on how, if at all, this additional information should affect the Agency’s decisions as it develops a final rule. The information has been posted on EPA’s Web site, and is now  currently available in the docket; it consists of responses to Information Collection Requests that EPA sent to  electric utilities on their coal combustion residual surface impoundments as well as reports and materials  related to the site assessments EPA has conducted on a subset of these impoundments.
• National Emission Standards for Hazardous Air Pollutant Emissions: Hard and Decorative Chromium Electroplating and Chromium Anodizing  Tanks; Group I Polymers and Resins; Marine Tank Vessel Loading Operations; Pharmaceuticals Production; The  Printing and Publishing Industry; and Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration  Plants. 40 CFR Part 63 [EPA–HQ–OAR–2010–0600; FRL–9203–7] RIN 2060–AO91. SUMMARY: This action proposes how EPA will address the residual risk and technology reviews conducted for two national emission standards for hazardous air pollutants (NESHAP), and this action is a supplemental notice of proposed rulemaking for an October 2008 action that proposed how EPA would address the residual risk and technology reviews for four NESHAP. The six NESHAP include 16 source categories, 12 of which are the subject of residual risk and technology reviews in this package. This action  proposes to modify the existing emissions standards for eight source categories in three of the six NESHAP to  address certain emission sources not currently regulated under these standards. It also proposes for all six  NESHAP to address provisions related to emissions during periods of startup, shutdown, and malfunction. Finally, this action proposes changes to two of the six NESHAP to correct editorial errors, make clarifications, or address issues with implementation or determining compliance.   DATES: Comments. Comments must be
  received on or before December 6, 2010. Under the Paperwork Reduction Act, comments on the information  collection provisions are best assured of having full effect if the Office of Management and Budget (OMB) receives   copy of your comments on or before November 22, 2010. Public Hearing. We will hold a public hearing on November 5, 2010. Persons requesting to speak at the public hearing must contact EPA by  November 1, 2010.
• National Priorities List, Proposed Rule No. 53. 40 CFR Part 300 [EPA–HQ–SFUND–2010–0634, EPA–HQ– SFUND–2010–0636, EPA–HQ–SFUND–2010– 0638, EPA–HQ–SFUND–2010–0639, EPA– HQ–SFUND–2010–0640, EPA–HQ–SFUND– 2010–0641, EPA–HQ– SFUND–2010–0643, EPA–HQ–SFUND–2010–0645, EPA–HQ– SFUND–2010–0646, EPA–HQ–SFUND–2010– 0647; FRL–9216–1] RIN 2050–AD75. SUMMARY: The Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’ or ‘‘the Act’’), as  amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (‘‘NCP’’) include a  list of national priorities among the known releases or threatened releases of hazardous substances,   pollutants, or contaminants throughout the United States. The National Priorities List (‘‘NPL’’) constitutes this  list. The NPL is intended primarily to guide the Environmental Protection Agency (‘‘EPA’’ or ‘‘the Agency’’) in  determining which sites warrant further investigation. These further investigations will allow EPA to assess the  nature and extent of public health and environmental risks associated with the site and to determine what  CERCLA financed remedial action(s), if any, may be appropriate. This rule proposes to add nine sites to the  General Superfund section of the NPL. This rule also withdraws one site from proposal to the General Superfund  section of the NPL. DATES: Comments regarding any of these  proposed listings must be submitted (postmarked)  n or before December 20, 2010.

Notices

• Access in Litigation to Confidential Business Information. [FRL–9216–6]. SUMMARY: The EPA has authorized the United States Department of Justice (‘‘DOJ’’) to disclose, in response to discovery requests received in the litigation styled, Tronox Incorporated, et al., v. Anadarko Petroleum Corp., et al., Adv. Proc. No. 09–01198  (ALG), pending in the United States Bankruptcy Court for the Southern District of New York (the ‘‘Litigation’’), information which has been submitted to EPA by its contractors that is claimed to be, or has been determined to  e, confidential business information (‘‘CBI’’). The EPA is providing notice of past disclosure and of ongoing  and contemplated future disclosure. Interested persons may submit comments on this Notice to the address noted below. DATES: Access by the DOJ and/or the parties to the Litigation to material discussed in this Notice  that has been either claimed or determined to be CBI is ongoing, and is expected to continue in the future during  he pendency of the Litigation. The EPA will accept comments on this Notice through October 30, 2010.
• Science Advisory Board Staff Office Request for Nominations of Experts for the Consultation on  Revisions to the Multi-Agency Radiation Survey and Site Investigation Manual. [FRL–9216–4] .  SUMMARY: The EPA Science Advisory Board (SAB) Staff Office is requesting public nominations for technical experts to augment the SAB’s  Radiation Advisory Committee (RAC) to conduct a consultation on revision to the Multi- Agency Radiation  Survey and Site Investigation Manual. DATES: Nominations should be submitted by November 12, 2010 per instructions below.

Rules

• Approval and Promulgation of Air Quality  Implementation Plans; Delaware; Limiting Emissions of Volatile Organic Compounds From Consumer Products. 40 CFR Part 52 [EPA–R03–OAR–2010–0124; FRL–9211–5]. SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware.  The revision amends existing Section 2.0— Consumer Products to Delaware’s Regulation 1141 (formerly SIP Regulation No. 41)—Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products. This action is being taken under the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on November 19, 2010.
• Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Texas; Beaumont/Port Arthur Ozone Nonattainment Area: Redesignation to Attainment for the 1997 8-Hour Ozone Standard and Determination of Attainment for the 1-Hour Ozone Standard; Clarification of EPA’s Approval of the El Paso Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard. 40 CFR Parts 52 and 81 [EPA–R06–OAR–2008–0932; FRL–9214–9]. SUMMARY: EPA is taking final action to approve a  request from the State of Texas to redesignate the Beaumont/Port Arthur (BPA) Texas ozone nonattainment  area to attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). EPA is making a  final determination that the BPA nonattainment area has attained the 1997 8-hour ozone NAAQS, based on  complete, quality-assured, and certified ambient air quality monitoring data for 2006–2008. Preliminary data available for 2009 and 2010 show that the area continues to attain the 1997 8- hour ozone NAAQS. In finalizing  its approval of the redesignation request, EPA also approves, as a revision to the BPA State Implementation Plan  SIP), a 1997 8-hour ozone maintenance plan that includes a 2021 Motor Vehicle Emissions Budget (MVEB).  PA is also approving the BPA area’s 2002 base year emissions inventory as part of the BPA SIP. EPA  also is approving as part of the BPA SIP, the Texas Clean-Fuel Vehicle (CFV) Program Equivalency Demonstration. EPA finds that with final approval of these revisions, the area has a fully approved SIP that  meets  all of the 1997 8-hour ozone  requirements and 1-hour ozone antibacksliding requirements under section 110 and Part D of the Federal Clean Air Act (CAA or Act) that are applicable for purposes of redesignation. EPA  is also approving a determination that the BPA area is meeting the 1-hour ozone standard based upon three  years of complete, quality-assured, and certified ambient air quality monitoring data for 2006–2008.  Preliminary data available for 2009 and 2010 show that the area continues to attain the standard. Additionally,  EPA is taking final action to approve the post-1996 Rate of Progress (ROP) plan’s contingency measures, the  substitute control measures for the failure-to-attain contingency measures, and the removal from the Texas SIP  of a 1-hour ozone failure-to-attain contingency measure, a volatile organic compound (VOC) SIP rule for marine  vessel loading, as meeting the requirements of section 110(l) and part D of the Act. EPA also is providing  clarification of an earlier separate EPA rulemaking action approving the Section 110(a)(1) Maintenance Plan for  the 1997 8-hour ozone standard for the El Paso 1997 8- hour attainment area. DATES: Effective Date: This rule  will be effective November 19, 2010.
• Prevention of Significant  Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)—Increments, Significant Impact  Levels (SILs) and Significant Monitoring Concentration (SMC). 40 CFR Parts 51 and 52 [EPA–HQ–OAR–2006–0605; FRL–9210–9] RIN 2060–AO24. SUMMARY: The EPA is amending the
  requirements for particulate matter less than 2.5 micrometers (PM2.5) under the Prevention of Significant  Deterioration (PSD) program by adding maximum allowable increases in ambient pollutant concentrations  (‘‘increments’’) and two screening tools, known as the Significant Impact Levels (SILs) and a Significant  Monitoring Concentration (SMC) for PM2.5. The SILs for PM2.5 are also being added to two other New Source  Review (NSR) rules that regulate the construction and modification of any major stationary source locating in an  attainment or unclassifiable area,  where the source’s emissions may cause or contribute to a violation of the national ambient air quality standards (NAAQS). DATES: This final rule is effective on December 20, 2010.

Notices

• Agency Information Collection Activities; Proposed Collection; Comment Request; Application Requirements for the Approval and Delegation of Federal Air Toxics Programs  to State, Territorial, Local, and Tribal Agencies; EPA ICR No. 1643.07, OMB Control No. 2060–0264. [EPA–HQ–OAR–2004–0065; FRL–9215–7]. SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that  EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the  Office of Management and Budget (OMB). This ICR is scheduled to expire on January 31, 2011. Before submitting  the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed  information collection as described below. DATES: Comments must be submitted on or before December 20,  2010.
• Agency  Information Collection Activities; Submission to OMB for Review and Approval; Comment Request;  Performance Evaluation Studies on Wastewater Laboratories (Renewal). [EPA–HQ–OECA–2010–0413; FRL–9216–2; EPA ICR No. 0234.10; OMB Control No. 2080–0021]. SUMMARY: In compliance with the
  Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below,  describes the nature of the information collection and its estimated burden and cost.  DATES: Additional comments may be submitted on or before November 19, 2010.
• Methamidophos Registration Review Final Decision; Notice of  Availability. [EPA–HQ–OPP–2008–0842; FRL–8849–1]. SUMMARY: This notice announces the availability of EPA’s final registration review decision for  the pesticide, methamidophos, case 0043. Registration review is EPA’s periodic review of pesticide registrations  to ensure that each pesticide continues to satisfy the statutory standard for registration, that is,  that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide’s registration is based on current scientific and other knowledge, including its effects on human health and the environment.
• Science Advisory Board Staff Office; Request for Nominations of Experts To Serve on the Clean  Air Scientific Advisory Committee (CASAC) Air Monitoring and Methods Subcommittee (AMMS). [FRL–9215–6]. SUMMARY: The EPA Science Advisory Board (SAB) Staff Office is requesting public nominations of experts to serve on the  Clean Air Scientific Advisory Committee (CASAC) Air Monitoring and Methods Subcommittee (AMMS). DATES:  Nominations should be submitted by November 10, 2010, per instructions below.

Final Rules

• Approval of Implementation Plans of Wisconsin: Nitrogen Oxides Reasonably Available Control Technology. 40 CFR Part 52 [EPA–R05–OAR–2007–0587; EPA–R05–OAR–2009–0732; FRL–9205–8] .  SUMMARY: EPA is approving revisions to the Wisconsin State Implementation Plan (SIP) submitted on June 12, 2007 and on  September 14, 2009. These revisions incorporate provisions related to the implementation of nitrogen oxides  (NOX) Reasonably Available Control Technology (RACT) for major sources in the Milwaukee-Racine and Sheboygan County ozone nonattainment areas. EPA is approving SIP revisions that address the NOX RACT requirements found in the Clean Air Act (CAA). EPA is also approving other miscellaneous rule changes that  affect NOX regulations that were previously adopted and approved into the SIP.
• Determination of Attainment for PM10: Eagle River PM10 Nonattainment Area, AK. 40 CFR Part 81 [Docket EPA–R10–OAR–2010–0433; FRL–9214–7] . SUMMARY: EPA has determined that the Eagle River  nonattainment area in Alaska attained the National Ambient Air Quality Standard (NAAQS) for particulate  matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) as of December 31, 1994.

Proposed Rules

• Approval and Promulgation of Air Quality  Implementation Plans; Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered and Electing Electric Generating Facilities. 40 CFR Part 52 [EPA–R06–OAR–2005–TX–0031; FRL–9215–1] . SUMMARY: The EPA is proposing to partially approve and  partially disapprove revisions of the Texas State Implementation Plan (SIP) submitted by the Texas Commission  on Environmental Quality (TCEQ, or Commission) on January 3, 2000, and July 31, 2002, as  supplemented on August 5, 2009. These revisions are to regulations of the TCEQ which relate to application and  permitting procedures for grandfathered electric generating facilities (EGFs). The revisions address a mandate  by the Texas Legislature under Senate Bill 7 to achieve nitrogen oxide (NOX), sulfur dioxide (SO2) and particulate matter (PM) emission reductions from grandfathered EGFs. These emissions reductions will contribute to achieving attainment and help ensure attainment and continued maintenance of the National  Ambient Air Quality Standards (NAAQS) for ozone, sulfur dioxide, and particulate matter in the State of Texas.  As a result of these mandated emissions reductions, in accordance with section 110(l) of the Federal Clean Air  Act, as amended (the Act, or CAA), partial approval of these revisions will not interfere with attainment of the  NAAQS, reasonable further progress, or any other applicable requirement of the Act. EPA is proposing that the  revisions, but for a severable provision, meet section 110, part C, and part D of the Federal Clean Air Act (the  Act or CAA) and EPA’s regulations. Therefore, EPA is proposing to approve the revisions but for a severable  portion that allows collateral emissions increases of carbon monoxide (CO) created by the imposition of technology controls to be permitted under the State’s Standard Permit (SP) for Pollution Control Projects (PCP). EPA is proposing to disapprove this severable portion concerning the issuance of a PCP SP for the CO collateral  emissions increases. EPA is taking comments on this proposal and plans to follow with a final action.
• Determination of Attainment for PM10: Eagle River PM10 Nonattainment Area, Alaska. 40 CFR Part 81 [Docket: EPA–R10–OAR–2010–0433; FRL– 9214–8] . SUMMARY: EPA proposed to determine that the Eagle River  nonattainment area in Alaska attained the National Ambient Air Quality Standard for particulate matter with an  aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) as of December 31, 1994.
• Source Specific Federal Implementation Plan for  Implementing Best Available Retrofit Technology for Four Corners Power Plant: Navajo Nation. 40 CFR Part 49 [EPA–R09–OAR–2010–0683; FRL–9213–7] . SUMMARY: The Environmental Protection Agency (EPA) is proposing to promulgate a source specific Federal Implementation Plan (FIP) requiring the Four Corners Power Plant (FCPP), located on the Navajo Nation, to  achieve emissions reductions required by the Clean Air Act’s Best Available Retrofit Technology (BART)  provision. In this action, EPA is proposing to require FCPP to reduce emissions of oxides of nitrogen (NOX) and  particulate matter (PM). These pollutants are significant contributors to visibility impairment in the numerous  mandatory Class I Federal areas surrounding FCPP. For NOX emissions, EPA is proposing to require FCPP to  meet an emission limit of 0.11 lb/MMBtu, representing an 80% reduction from current NOX emissions. This NOX  imit is achievable by installing and operating Selective Catalytic Reduction (SCR) technology on Units 1–5.  For PM, EPA is proposing to require FCPP to meet an emission limit of 0.012 lb/MMBtu for Units 1–3 and 0.015  lb/MMBtu for Units 4 and 5. These emissions limits are achievable by installing and operating any of several  equivalent controls on Units 1–3, and through proper operation of the existing baghouse on Units 4 and 5. EPA  is proposing to require FCPP to meet a 10% opacity limit on Units 1– 5 to ensure proper operation of the PM controls. EPA is requesting comment on whether APS can satisfy BART on Units 1–3 by operating the existing  venturi scrubbers to meet an emission limit of 0.03 lb/MMBtu with a 20% opacity limit. EPA is also proposing to  require FCPP to comply with a 20% opacity  limit on its coal and material handling operations.

Notices

• Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery  and Reinvestment Act of 2009 (ARRA) to the City of Lowell, MA. [FRL–9214–6] .  SUMMARY: The EPA is hereby granting a waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the City of Lowell, Massachusetts (‘‘City’’) for the purchase of a foreign manufactured heat recovery ventilator for the Lowell Wastewater Treatment Facility and Warren Street  Combined Sewer Overflow (CSO) Diversion Station Improvements Project. This is a project specific waiver and  only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient  that wishes to use the same product must apply for a separate waiver based on project specific circumstances.  Based upon information submitted by the City and its consulting engineer, it has been determined that there are  currently no domestically manufactured heat recovery ventilators available to meet its proposed project and  performance specifications. The Regional Administrator is making this determination based on the review and recommendations of the Municipal Assistance Unit. The Assistant Administrator of the Office of Administration  and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This  action permits the purchase of a foreign manufactured heat recovery ventilator by the City, as specified in its  July 14, 2010 request.

October 18, 2010, Volume 2, Number 31

The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week.  These were all first posted, in abbreviated form, on http://twitter.com/smtaber.  This Newsletter also appears as a post on our website Taber Law Group every Monday. Archives can be found there and on our blog, The Environmental Law and Climate Change Law Blog.  For more information about the Taber Law Group, please visit our website at taberlaw.com.

SETTLEMENTS

ConocoPhillips Company and Sasol North America Agree to Reimburse Costs for Calcasieu Estuary, Bayou Verdine Cleanup. – EPA News Release, October 13, 2010

The Department of Justice, the Environmental Protection Agency and the United States Attorney’s Office announced today, the settlement of claims against ConocoPhillips Company and Sasol North America Inc. to resolve their liability to EPA under CERCLA for contamination in the Calcasieu Estuary of Louisiana. The Justice Department also announced a settlement of claims for natural resource damages against ConocoPhillips Company and Sasol North America Inc. related to contamination in the Estuary. Under the terms of a consent decree lodged in the federal district court for the Western District of Louisiana together with a filed complaint, ConocoPhillips and Sasol North America will reimburse the EPA Superfund more than $4.5 million and will complete a removal action valued at about $10 million to clean up Bayou Verdine within the Calcasieu Estuary. The Louisiana Department of Environmental Quality (LDEQ) is also a plaintiff in the case and party to the settlement.

Goodman Oil agrees to pay over $171,000 for storage tank violations at gas stations across Idaho. – EPA Press Release, October 14, 2010

Goodman Oil Company and Goodman Oil Company of Lewiston will pay a $171,091 fine for a series of fuel storage tank violations at former gas stations across Idaho under a settlement with the U.S. Environmental Protection Agency and the U.S. Department of Justice. The settlement, approved by the federal court in Boise, Idaho on October 1, covers a range of violations beginning as early as 1991 and ending in 2009. The companies have agreed to pay the penalty from the sale of their properties in Idaho and Oregon. The violations occurred at former gas stations owned by the Goodman Oil companies in Boise, Homedale, Nampa, Weiser and Lewiston, Idaho. EPA inspectors identified fuel storage tanks at the stations that were not compliant with EPA requirements. They risked contaminating groundwater, which is a primary source of drinking water for much of Idaho. “Poorly maintained fuel storage tanks and piping can endanger an area’s groundwater supply, so gas station owners must keep storage systems in good shape,” said Peter Contreras, manager of the Ground Water Unit at the EPA in Seattle. “Thousands of people in Idaho depend on groundwater, so we expect facilities to run their businesses in a way that protects nearby residents.”

DECISIONS

Univ. of Maine Ordered to Restore Wetlands at Orono Campus. – EPA Press Release, October 12, 2010

EPA has ordered the University of Maine to restore wetlands on its campus in Orono Maine. The wetlands were filled between 1984 and 2009 during the construction of buildings, roads, and parking areas; installation of culverts; expansion of a landfill; and disposal of snow and associated debris. The University violated the federal Clean Water Act (CWA) by failing to obtain the required federal permit from the Army Corps of Engineers before filling the wetlands. Before being filled, the wetlands served valuable functions such as groundwater recharge, pollutant retention, and wildlife habitat. EPA’s order requires removal of approximately 2 acres of a landfill and snow dump and restoration of the underlying wetland. It also requires restoration of approximately one acre of forested wetland that the University had converted to a livestock paddock. To compensate for some fill that cannot be removed, the University will restore and enhance 3.66 acres of a currently farmed area that includes wetlands and an upland buffer.

Vermont Ski Area Ordered to Restore Wetlands. – EPA Press Release, October 12, 2010

A ski resort in Vermont has been ordered to restore wetlands and streams that were harmed when the resort discharged dredged and fill material into the waters during construction of its golf course in violation of the federal Clean Water Act. The U.S. Environmental Protection Agency last month ordered Jay Peak Resort, Inc. in Jay, Vt. to repair the damage done between 2004 and 2006 when it was building its golf course and discharged material without a required permit. According to EPA,the construction company working for Jay Peak Resort placed dirt, sand and rocks into numerous wetlands and streams, affecting a total of 2.15 acres. This case was brought to the attention of EPA by the U.S. Army Corps of Engineers in the spring of 2008. Since then, the Corps and EPA have worked together in pursuing this case. The affected streams on the site flow into Jay Branch Brook, which flows into the Missisiquoi River, and then into Lake Champlain.

Jury Finds Asbestos Air Monitoring Company and Employees Guilty of Clean Air Act and Fraud Violations. – Department of Justice Press Release, October 13, 2010

A federal jury in Utica, N.Y. has found Certified Environmental Services Inc. (CES); two of its managers, Nicole Copeland and Elisa Dunn; and one of its employees, Sandy Allen, guilty of conspiring to aid and abet Clean Air Act violations, commit mail fraud, and defraud the United States, the Department of Justice and the Environmental Protection Agency (EPA) announced today. The defendants were also convicted of substantive Clean Air Act violations and mail fraud counts. CES and Elisa Dunn were also convicted of making false statements to federal law enforcement. As alleged in the indictment, CES (an asbestos air monitoring company and accredited laboratory), and several of its senior employees, together with Aapex Environmental and Paragon Environmental (asbestos removal companies, having already pled guilty) conspired over the course of nearly a decade to falsify lab results used to prove that asbestos removal was done properly. In numerous instances, asbestos removal companies represented that homes, schools and other buildings were free of asbestos contamination when asbestos debris remained behind. Owners of local homes and buildings were unaware that asbestos had been left behind from sloppy abatement work because air quality reports were falsified by CES and its supervisors and employees. Due to the false lab reports, people that lived or worked in these buildings were exposed to asbestos, putting them at risk of developing cancer or other asbestos-related diseases. EPA investigators have notified affected building owners of the asbestos problem so proper clean up can be conducted.

Billerica, Mass. Pesticide Importer/Manufacturer Faces Fines for Reporting Violations. – EPA Press Release, October 14, 2010

A Massachusetts company that produces and imports pesticides and pesticide devices faces proposed penalties for importing these products for distribution or sale without submitting the required forms to the U.S. Environmental Protection Agency, in violation of federal environmental law. In a complaint filed recently, EPA’s New England office alleges that Millipore Corp. of Billerica imported unregistered pesticides (chlorine tablets) for distribution or sale on numerous occasions without submitting the Notice of Arrival forms required by the Federal Insecticide, Fungicide, and Rodenticide Act, known as FIFRA. According to the complaint, Millipore also imported pesticide devices (water purification devices) on numerous occasions without submitting the required Notice of Arrival forms. EPA’s complaint alleges that these FIFRA violations occurred from Sept. 2005 to Oct. 2008 and seeks a penalty of up to $6,500 for each violation. Under FIFRA, all pesticides used and sold in the U.S. are required to undergo a rigorous, science-based review process to ensure that they can be used safely and do not pose an unreasonable risk to human health or the environment. Importers of pesticide products must provide data to EPA regarding pesticides or devices that may be entering the U.S. prior to their import.

LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

U.S. Files PCB Cleanup Lawsuit Against 12 Polluters of Wisconsin’s Fox River. – Department of Justice Press Release, October 14, 2010

The Department of Justice’s Environment and Natural Resources Division announced the filing of a major lawsuit today against 10 companies and two municipalities to require continued environmental cleanup work at Wisconsin’s Lower Fox River and Green Bay Site.  The lawsuit also seeks payment of associated government costs and natural resource damages.  The total cleanup costs and damages for the Green Bay Site are expected to exceed $1 billion.  The Superfund lawsuit, brought jointly by the United States and the State of Wisconsin, targets risks to humans and wildlife posed by polychlorinated biphenyls (PCBs) in bottom sediment, banks, and shoreline areas of the Fox River and Green Bay. In addition to the complaint, the United States and the state of Wisconsin filed a proposed settlement with one of the newly-named defendants, Georgia-Pacific Consumer Products LP.  In the proposed settlement, Georgia-Pacific would agree that it is liable, along with other defendants, for performance of all required cleanup work downstream from a line across the Fox River slightly upstream of its paper mill in the city of Green Bay.  The company also would pay $7 million to reimburse a portion of the government’s unpaid past and future costs.  The proposed settlement is subject to a 30-day public comment period.

REGULATORY ACTIONS

Air

EPA dust regs could threaten much more than barbecues. – Karen McMahan, Carolina Journal, October 12, 2010

Until recently, no one in North Carolina, home to so many tobacco companies, could have imagined a statewide smoking ban in public buildings. And yet it’s possible that federal environmental regulators could target another signature Tar Heel State tradition: the pig pickin’. Several cities in California, Colorado, and other states have banned outdoor grilling — particularly where wood or charcoal is involved — at parks and other public areas and at events including weekend festivals. And if the U.S. Environmental Protection Agency tightens its regulations covering coarse particulate matter in 2011, mobile smokers could be endangered. Outdoor barbecues would not be the main target of the new federal regulations. Instead, the rules seek to limit farm and rural dust, placing the nation’s farmers, ranchers, livestock producers, and miners on notice. Some activists are even suggesting all unpaved roads be paved as a way to curb dust creation.

Water

South Edisto listed as ‘impaired’ due to excess of fecal coliform. - Brian Troutman, The Times and Democrat, October 11, 2010

The South Fork of the Edisto River has been listed as “impaired” because of an excess of fecal coliform found in the water. According to officials with the S.C. Department of Health and Environmental Control, samples from Zig Zag boat landing near Farrell Crossroads in Bamberg and Coleman Bridge Road in Aiken yielded levels of fecal coliform above the U.S. Environmental Protection Agency’s water body compliance standards. Excess levels of fecal coliform pose a risk to anyone using the river for recreational purposes. Drinking, swallowing or having the bacteria enter the body through open wounds could cause disease. As a result, DHEC will be conducting a Total Maximum Daily Load study in compliance with the federal Clean Water Act. This study will help officials determine the maximum amount of pollution the river can receive while meeting water-quality standards for pollutants of concern. “We initiate the TMDL, then our project managers analyze the watershed, look at all the potential sources and provide a reduction scenario,” said DHEC TMDL Manager Mihir Mehta. While officials agree that it is too early to identify potential sources of the problem, historical data provides a blueprint to the solution.

EPA to build water-treatment plant in Rialto. – Leticia Juarez, KABC, October 13, 2010

The U.S. Environmental Protection Agency has approved a plan to clean up contaminated water in San Bernardino County. The target area is Rialto, where groundwater is considered not just un-drinkable, but dangerous. Rialto resident Maria Corral doesn’t have problem watering her lawn, but drinking that water is another matter. “Our water has always been bad here. We always had to buy water bottles,” said Corral. Corral lives less than a mile from a former BF Goodrich site. The area has been designated a Superfund site by the Environmental Protection Agency because of groundwater contamination. In 1997 the EPA closed several water wells in and around the area after perchlorate was discovered. The toxic chemical has been linked to cancer. “We never drank it,” said Corral. “So they tried to fix it but they never fixed anything.” That’s about to change. The EPA is planning to build an $18-million treatment plant that will purify an estimated 3,200 gallons of water per minute. The water will then be pumped back into aquifers in Rialto, Colton and Fontana.

Coast Guard hires contractor for creosote leak. – Associated Press, October 15, 2010

The Coast Guard has hired a contractor to deal with a creosote leak into the Port Washington Narrows. The Coast Guard says a pipe has been leaking unknown amounts of heavy tarlike creosote into the narrows since at least Aug. 20. That’s when a sheen was first spotted. The Kitsap Sun repots the pipe is below the old Bremerton Gasworks property. The site operated as a coal-gasification plant from the 1930s into the 1950s. Recently, the Environmental Protection Agency has been investigating the property for a possible cleanup. The EPA has been working with the Coast Guard on a plan to excavate the pipe. Ballard Diving and Salvage has been hired to work on stopping the leak.

Ag Groups Write EPA on TMDL Proposal, Water Quality Strategy. – US Ag Net, October 18, 2010

Agricultural organizations joined with two sets of comments sent last week to the Environmental Protection Agency expressing deep concerns about the agency’s water regulation strategy. In one letter, the groups responded directly to proposed Total Maximum Daily Load requirements, known as TMDLs, for the Chesapeake Bay watershed, which were created as part of a lawsuit settlement between EPA and the Chesapeake Bay Foundation. The TMDL proposal is concerning to many in the states that could be regulated by it and many in the agricultural community, in part because it could easily become a model for watersheds around the country. The groups requested EPA withdraw the draft TMDL or, barring that, make public the models its scientists relied upon to develop it and allow for a comment period on the modeling formula. They told agency officials that withdrawing the current proposal and working with Chesapeake watershed jurisdictions (six states and the District of Columbia) would allow EPA to ‘correct deficiencies in its modeling’ and reconcile EPA TMDL proposals with existing nutrient management proposals in at least two states, Maryland and Virginia.

Waste

EPA details plan to clean site in Rialto. – Josh Dulaney, The Sun, October 12, 2010

The U.S. Environmental Protection Agency has released more details about its plans to clean up contaminated water flowing under the city. In what the agency refers to as its Superfund Interim Action Record of Decision, the plan calls for spending between $13 million and $18 million to build a groundwater pump and treatment system to clean up perchlorate at a 160-acre site at Locust Avenue and Casa Grande Drive, north of the 210 Freeway. “We see what we’re doing as part of a regional, comprehensive response to a regional problem that is affecting the Rialto-Colton Groundwater Basin,” said Wayne Praskins, EPA project manager for the site. The EPA has identified the 160-acre site as the spot where most or all of contaminants like perchlorate and trichloroethylene entered the groundwater, and where testing has identified the highest levels of groundwater contamination. Perchlorate is a rocket- fuel additive that, when ingested, can interfere with the thyroid gland. Trichloroethylene is an industrial cleaning solvent that affects the central nervous system and has been linked with various cancers.

EPA to Excavate Contaminated Soil, Monitor Groundwater at Ellenville Scrap Iron and Metal Superfund Site in Ulster County, N.Y. – EPA Press Release, October 12, 2010

The U.S. Environmental Protection Agency (EPA) today announced that it has finalized the steps it will take to clean up the Ellenville Scrap Iron and Metal Superfund site in the Village of Ellenville, N.Y. in Ulster County. EPA will excavate contaminated soil from six different areas at the site, consolidate the soil on the landfill portion of the site and then securely cap the landfill, which will prevent further contamination of the groundwater. Any of the excavated soil or materials that are characterized as hazardous waste will be shipped off-site for proper disposal. EPA will also install a series of additional wells to monitor groundwater around the site to make sure it remains free of contaminants. “After an extensive analysis of the contamination at the Ellenville Scrap Iron and Metal Superfund site, EPA has selected a plan that will result in a thorough and efficient cleanup,” said EPA Regional Administrator Judith Enck. EPA added the Ellenville Scrap Iron Metal site to the Superfund National Priorities List on October 7, 2002 after hazardous chemicals were found in the soil there. The 24-acre site, which was used for scrap metal operations from the 1950s until the 1990s, is divided into upper and lower portions by a landfill, approximately 40 feet high. Soil samples at the site showed levels of semi-volatile organic compounds and various metals.

EPA selects cleanup plan for Standard Chlorine Superfund Site. – EPA Press Release, October 12, 2010

The U.S. Environmental Protection Agency has selected a cleanup plan to address contaminated soil at the Standard Chlorine of Delaware Superfund Site in New Castle County, Del. that includes constructing a surface cap over a contaminated area and a soil gas collection and treatment system. The Standard Chlorine of Delaware, Inc. Superfund Site (also known as Metachem) is three miles northwest of Delaware City. It is approximately 65 acres in size, and is west of River Road (Route 9) near the south bank of Red Lion Creek. Metachem, which had been conducting site cleanup since 1987, declared bankruptcy in 2002. This led to EPA becoming the lead agency for the cleanup. After conducting extensive groundwater and soil sampling, EPA considered various cleanup options to address the soil contamination. In July 2009, EPA recommended a cleanup plan that included a surface cap and soil gas treatment system. The plan was made available for public comment, and after reviewing comments, EPA decided to implement the recommended plan.

Access Routes Established for Cleanup of Beede Waste Oil Superfund Site in Plaistow, N.H. - EPA Press Release, October 13, 2010

EPA, in consultation with the N.H. Dept. of Environmental Services, has announced the preferred route of access to the Beede Site necessary for the performance of the cleanup. After careful study of seven identified potential access routes, EPA believes that “Access Route D,” with “Access Route A1” as a back-up option, presents the best option for access to the site. The two access routes comply with federal and state laws and regulations, and can be implemented in a way that will minimize impacts to local residential areas and infrastructure, to the extent practicable, such that material can be conveyed to and from the site in the most efficient, cost effective, safe and non-disruptive manner possible during site cleanup activities. EPA recognizes that all access routes present some level of inconvenience or impact to local residents and infrastructure during the estimated 9-to-18 months of trucking. But the 40-acre Beede Site cannot be cleaned up without soil removal. Potential risks to human health and the environment, and to local drinking water wells, cannot be adequately addressed unless contaminated soil is removed. To help inform its decision, EPA consulted with site neighbors, Plaistow Town officials, the NHDES, the NH Department of Transportation, and T.Y. Lin International Consultants (traffic experts hired by EPA), as well as the written evaluation of all possible site access routes provided by the Beede Performing Group, the parties responsible for the cleanup, as part of its court agreement.

EPA Releases Draft Plan on RE-Powering America’s Land / Advancing the development of renewable energy on potentially contaminated lands. – EPA Press Release, October 14, 2010

As part of the U.S. Environmental Protection Agency’s (EPA) RE-Powering America’s Land initiative, the agency has developed a two-year draft management plan to advance the development of renewable energy on potentially contaminated land and mining sites. The draft plan describes activities EPA can take to build upon the progress that the initiative has achieved since its launch in September of 2008. EPA started the initiative to determine the feasibility of developing renewable energy production on Superfund, brownfields, and former landfill or mining sites. Superfund sites are the most complex, uncontrolled or abandoned hazardous waste sites identified by EPA for cleanup due to the risk they pose to human health or the environment. Brownfields are properties at which expansion, redevelopment, or reuse may be complicated by the presence of contaminants. The initiative aims to decrease the amount of green space used for development, reduce greenhouse gas emissions, and provide health and economic benefits to local communities, including job creation. During the fall and winter of 2009, EPA met with stakeholders from state and local government, the renewable energy sector, finance, utilities, land owners, parties responsible for cleaning up sites, community organizations and nonprofits to hear feedback on barriers to using contaminated sites for renewable energy and how to overcome those barriers. EPA used the information provided at the stakeholder meetings to develop the draft management plan.

Soil Testing To Begin Again At NL Industries-Taracorp Superfund Site In Granite City, Illinois. – EPA Press Release, October 15, 2010

U.S. Environmental Protection Agency will begin another round of soil sampling on properties that may be contaminated with lead from the former NL Industries lead smelter and battery recycling plant at 16th Street and Cleveland Boulevard in Granite City. The NL Industries-Taracorp site is located approximately two miles east of St. Louis and operated as a secondary lead smelter and refining plant from 1903 until 1983. Lead contamination from the site, including airborne smelter stack emissions and battery chips, was identified in a number of residential areas in Granite City, as well as in neighboring Eagle Park Acres, Madison and Venice. The properties that will be sampled are left over from a cleanup that took place from 1993 to 2000. During the final years of the cleanup, the NL Industries-Taracorp Superfund Site Group – at the direction of EPA and working with Illinois EPA – tested soil in yards at the site. Contaminated soil was excavated, replaced with clean soil and the yards were re-landscaped. During that cleanup, 59 property owners did not allow sampling. Another 25 denied access to remove contaminated soil after the samples tested positive for high lead levels.

EPA Awards $4 Million for Brownfields / Most assistance to under-served, economically disadvantaged communities. – EPA Press Release, October 15, 2010

The U.S. Environmental Protection Agency (EPA) has announced it is awarding $4 million in assistance to 23 communities, many in under-served and economically disadvantaged areas, to develop area-wide plans for the reuse of brownfields properties. Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response announced the grants today at an event in Cleveland, along with Shaun Donovan, Secretary of the Department of Housing and Urban Development. The plans will integrate site cleanup and reuse into coordinated strategies to lay the foundation for addressing community needs such as economic development, job creation, housing, recreation, and education and health facilities. Brownfields are properties where the presence or potential presence of hazardous substances, pollutants, or contaminants may complicate the properties’ expansion, redevelopment, or reuse. “This area-wide approach recognizes that revitalization of the communities impacted by multiple brownfield sites or a large individual site – particularly in distressed communities – requires a strategy for area-wide improvement to attract investment to redevelop brownfields properties,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “The approach also recognizes the importance of identifying and leveraging additional local, state, and federal investment to implement the plans.”

EPA asks for public input on old zinc smelter site. – Associated Press, October 15, 2010

The U.S. Environmental Protection Agency will meet with the public to discuss the investigation and cleanup of pollution around an old zinc smelter about 3 1/2 miles south of Danville. The agency says it’ll hold open house sessions on Oct. 28 from 10 a.m. to 1 p.m. and from 6-8 p.m. at Westville High School. EPA officials and state and local representatives will talk one on one to residents about the Hegeler Zinc smelter Superfund site. And an EPA civil investigator will talk to residents who might have leads on those responsible for contamination at the site. The 100-acre site just west of the village of Hegeler was a zinc smelting facility from 1906 until around 1954 and produced large slag piles containing hazardous metals such as lead, arsenic and zinc.

Queens Wants Equal Attention from EPA During Newtown Creek Cleanup. – Brian Zumhagen, WNYC, October 15, 2010

Newtown Creek, a heavily polluted waterway that separates Queens and Brooklyn, was given designation last month that will allow it to be cleaned up under the federal Superfund program. Now a group of elected officials is calling on the U.S. Environmental Protection Agency not to forget the Queens side of the creek. Congresswoman Carolyn Maloney says so far, the EPA hasn’t studied the creek’s impact on Queens communities. “In all of their preliminary work, they more or less focused only on Kings County, or Brooklyn,” Maloney said. “We want them to give equal treatment to both sides, not only in their sampling, not only in their cleanup, but in their research.” Maloney is currently running for re-election. The EPA issued a statement today saying that agency does plan to sample water and sediment from Queens tributaries, which include Dutch Kills, Maspeth Creek and East Branch. Newtown Creek has been the site of 150 years of industrial pollution, including a massive underground oil spill in Greenpoint, Brooklyn. Three of the biggest polluters, oil companies BP, ExxonMobil and Texaco, are expected to pay the lion’s share of the cleanup costs, which are currently estimated to be around $400 million dollars.

Climate Change

EPA emissions cuts trapped in haze. – Robin Bravender, Politico, October 12, 2010

The Environmental Protection Agency is on track to begin regulating greenhouse gases for the first time in less than three months, but it could be a messy process. The Obama administration promises a smooth transition as the EPA begins to require cuts in emissions from large industrial sources like power plants and oil refineries, but uncertainties abound as the agency hustles to bring states into line and climate polices remain entangled in federal court cases. “There is concern that EPA is trying to cram this through in too short a time period,” said Howard Feldman, director of regulatory and scientific affairs at the American Petroleum Institute. Feldman and other industry officials argue that the EPA hasn’t afforded enough time for legal fights over climate rules to play out or for states to understand how they’ll be expected to curb emissions from large industrial sources. As a result, they warn, when climate rules officially kick in Jan. 2, businesses will encounter a patchwork of regulations across states, and construction will grind to a halt.

On Climate, How Much Could E.P.A. Do? – David Leonhardt, The New York Times, October 14, 2010

One near-term alternative to a cap-and-trade bill is a big increase in funds for clean energy research. Another alternative is having the Environmental Protection Agency crack down on greenhouse gas emissions. As Bradford Plumer has written, “back in 2007, the Supreme Court ruled that the E.P.A. was required to regulate greenhouse gases under the existing Clean Air Act if it found those gases posed a threat to public health and welfare (which, most scientists agree, they do).” Matthew Yglesias adds that “you really can make a fair amount of progress under the E.P.A. path and try to focus legislative attention on efficiency measures and other things that are outside the E.P.A.’s purview but also a good deal less controversial than carbon pricing.” How much progress? I asked that question of people at the World Resources Institute in Washington, who have studied the issue. They looked at existing federal and state regulations and estimated how far they could go toward meeting the Obama administration’s goal of reducing the country’s emissions in 2020 to a level 17 percent below emissions in 2005.

Other

A possible EPA ban on lead fishing tackle. – Rick Elmhorst, CFNews 13, October 17, 2010

The Environmental Protection Agency has been asked to ban the use of lead in fishing tackle. Five environmental groups petitioned the EPA for the ban, claiming that lead weights and lures break off and fall to the bottom of lakes and oceans. According to the groups, millions of birds die every year because they wind up eating the lead. Polk County fishing guide Monte Goodman is concerned about the requested ban. He said having to replace lead with other metals would cost a lot of money. “I would have to raise the prices on my guide trips just for that,” said Goodman. Goodman said many fishermen would have to replace the lead with tungsten. That could increase the cost of a $5 lure to nearly $20, according to Goodman.

FEDERAL AND STATE ENVIRONMENTAL LEGISLATION

Safeguarding the Nation’s Drinking Water: EPA and Congressional Actions. – Mary Tiemann, Environmental Legislation, October 11, 2010

The events of September 11, 2001, focused heightened attention on the security status of the nation’s drinking water supplies and the vulnerability of this critical infrastructure sector to attack. Congress since has enacted security requirements for public water systems and has provided funding for vulnerability assessments, emergency planning, and drinking water research. The Environmental Protection Agency (EPA), the lead federal agency for the water sector, has worked with water utilities, state and local governments, and federal agencies to improve the drinking water security. The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107- 188) amended the Safe Drinking Water Act to require some 8,400 community water systems to assess vulnerabilities and prepare emergency response plans. It authorized funding for these activities and for emergency grants to states and utilities, and it directed EPA to review methods to prevent, detect, and respond to threats to water safety and infrastructure security. The act did not require water systems to make security upgrades to address potential vulnerabilities. In most years since FY2002, Congress appropriated roughly $5 million annually for EPA to work with states and the water sector to improve the security of drinking water supplies.

New York Congressional members take on the EPA over Chesapeake Bay guidelines. – Jon Campbell, The Ithaca Journal, October 13, 2010

The battle over the proposed plan to clean up the Chesapeake Bay has the U.S. Environmental Protection Agency and some of New York’s Congressional members at odds. Nine federal lawmakers have combined on a harshly worded letter to EPA Administrator Lisa Jackson, outlining their “grave concerns” about the agency’s plan and warning it could be a “death knell to scores of New York farms.” The letter — signed by Sens. Charles Schumer and Kirsten Gillibrand; U.S. Reps. Maurice Hinchey, D-Hurley, and Michael Arcuri, D-Utica; and five others — highlights steps the state has already taken to clean up its portion of the Bay watershed, which includes parts of New York, five other states, and the District of Columbia. A major portion of the watershed can be found in Broome, Tioga and Chemung counties, and all or portions of 13 other New York counties. The EPA’s proposed plan calls for strict restrictions on phosphorus and nitrogen output from the Susquehanna River, which empties into the Bay, by 2025. Each state would have to reach 60 percent of the EPA’s limits by 2017.

New Tactic in California for Paying Pollution Bill. – Felicity Barringer, The New York Times, October 17, 2010

Officials who have tried and failed to clean the air in California’s smog-filled San Joaquin Valley have seized on a new strategy: getting millions of drivers to shoulder more of the cost. Faced with a fine of at least $29 million for exceeding federal ozone limits, the San Joaquin Valley’s air quality regulators are proposing an annual surcharge of $10 to $24 on registration fees for the region’s 2.7 million cars and trucks beginning next year. A decision is expected when the governing board meets on Thursday. Although the surcharge is not expected to change how much people drive or what cars or trucks they buy, air pollution experts say it is a harbinger of the future. After decades of forcing industry to clean its smokestacks, retool car and truck engines and fine-tune gasoline, regulators are exploring what they can do to force consumers to face up to the pollution they cause. “We, the people, are the ones whom we need to point the finger at,” said Seyed Sadredin, executive director of the San Joaquin Valley Air Pollution Control District, which administers federal and state pollution laws here.

ENERGY

Coal

EPA’s impending regs may decrease coal market. – Dustin Bleizeffer, Billings Gazette, October 13, 2010

Natural gas is poised to grab a portion of the electric utility market that for decades has been dominated by Wyoming coal. Driving this shift is the U.S. Environmental Protection Agency’s actions to further restrict a number of industrial air pollutants, and a legal mandate to phase in rules curbing greenhouse gas emissions, which begin in January. Waiting for a better bill. Utilities say they need a more comprehensive climate and energy bill before they’re prepared to invest in expensive advanced-coal facilities that capture carbon dioxide, the main greenhouse gas that the world’s top scientists blame for global warming. But the effort to pass an energy bill has stalled and isn’t likely to regain momentum if Republicans pick up a large number of congressional seats in the November election. Meanwhile, the EPA continues its steady march toward implementing its own rules, and that means utilities are going to become more reliant on natural gas.

EPA Takes Historic Step Toward Stopping Mega Mountaintop Removal Mine Site. – Media Newswire, October 15, 2010

The Spruce No. 1 mine in West Virginia will be prohibited from disposing its mining waste in streams in the state if the U.S. Environmental Protection Agency carries through with its regional office’s recommendation and vetoes the mine’s permit from the Army Corps of Engineers. In a decision released today, the EPA regional office that oversees the implementation of the Clean Water Act in West Virginia recommended that the agency exercise its authority under that Act to prohibit the Spruce No. 1 mine from disposing mining waste into streams. If finalized, it will demonstrate EPA’s commitment to more vigorously oversee the devastating practice of mountaintop removal in Appalachia. On March 26, EPA proposed to withdraw or restrict the use of a number of streams as waste dumps associated with the mountaintop removal mine and valley fills at the Spruce No. 1 site. EPA raised concerns about the scale, water quality and wildlife impacts, environmental justice implications, and cumulative impact of the Spruce mine combined with other mining activity in the area.  EPA received thousands of public comments and held a hearing in West Virginia, before it issued its recommendation today. The following is a statement from Jon Devine, a senior attorney in the Water Program at the Natural Resources Defense Council:

Logan County Residents Speak Out Against EPA Decision. – Matthew Earle, 59 WVNS News, October 16, 2010

After the Environmental Protection Agency’s regional administrator recommended the revocation of Arch Coal’s Spruce surface mine permit in Logan County, residents spoke out. “You loose that many jobs it’s going to effect peoples’ paychecks, it will affect their groceries, it will affect their rent, and they’re option to pay power. Everything they need to to live and work.” retired miner Sidney Dingess said. Other miners agreed, claiming if coal goes, so does cities like Logan. “Mining people, and the cities, will be in bad condition,” Jack Davis said. The permit for the Spruce Fork No. 1 mine employs hundreds of people across Logan County.

Biofuels

Valero, Refiners Reluctant to Sell Higher Ethanol-Blend Gas. – Noah Buhayar, Bloomberg, October 12, 2010

Valero Energy Corp. and other refiners may be unwilling to sell gasoline blended with higher amounts of ethanol, even after the U.S. government allows its use. Valero, the largest U.S. refiner, and Marathon Oil Co., the largest refiner in the Midwest, are concerned selling gasoline with more of the corn-based fuel additive may leave them liable for engine damage, according to company spokesmen. The U.S. Environmental Protection Agency is expected this week to raise the limit on how much ethanol can be blended with gasoline to 15 percent from the current 10 percent, said Christine Tezak, an analyst for Robert W. Baird & Co. Inc., a Milwaukee-based asset management fund. Refiners aren’t obligated to blend so-called E15, and use of the fuel may be limited to cars built in 2007 or later. “It’s going to take time before the industry buys into it,” said Fadel Gheit, an analyst at Oppenheimer & Co. in New York who doesn’t own energy company shares. “They’re going to look at the potential financial impact if E15 causes damage to any automobiles.”

U.S. to allow more ethanol in gasoline for newer cars. – Tom Doggett, Reuters, October 13, 2010

The U.S. Environmental Protection Agency on Wednesday will clear the way for gasoline that is blended with up to 50 percent more ethanol to be used in vehicles made since the 2007 model year, giving a boost to farmers who grow the corn that is used to make most U.S. ethanol, an ethanol industry source told Reuters. The EPA will approve a request from the Growth Energy coalition of ethanol producers to boost the amount of ethanol in a gallon of gasoline to up to 15 percent from the current 10 percent, the source said. EPA is expected to decide in December on whether the fuel, known as E15, can used in cars built from 2001 to 2006. EPA’s approval of higher blends will also help ethanol producers, who say they need to draw down a glut of supply. Federal law requires energy companies to blend 15 billion gallons of corn-based fuel a year into the gasoline supply by 2015, up from 12 billion gallons this year. Ethanol helps stretch U.S. gasoline supplies, which is supposed to make America less dependent on foreign petroleum suppliers. However, E15 gasoline probably would not be available until early next year, assuming the EPA also approves later this year the higher blends for older vehicles.

EPA Grants E15 Waiver for Newer Vehicles/A new label for E15 is being proposed to help ensure consumers use the correct fuel. - EPA Press Release, October 13, 2010

The U.S. Environmental Protection Agency (EPA) today waived a limitation on selling fuel that is more than 10 percent ethanol for model year 2007 and newer cars and light trucks. The waiver applies to fuel that contains up to 15 percent ethanol – known as E15 – and only to model year 2007 and newer cars and light trucks. This represents the first of a number of actions that are needed from federal, state and industry towards commercialization of E15 gasoline blends. EPA Administrator Lisa P. Jackson made the decision after a review of the Department of Energy’s (DOE’s) extensive testing and other available data on E15’s impact on engine durability and emissions. “Thorough testing has now shown that E15 does not harm emissions control equipment in newer cars and light trucks,” said EPA Administrator Lisa P. Jackson. “Wherever sound science and the law support steps to allow more home-grown fuels in America’s vehicles, this administration takes those steps.” A decision on the use of E15 in model year 2001 to 2006 vehicles will be made after EPA receives the results of additional DOE testing, which is expected to be completed in November. However, no waiver is being granted this year for E15 use in model year 2000 and older cars and light trucks – or in any motorcycles, heavy-duty vehicles, or non-road engines – because currently there is not testing data to support such a waiver. Since 1979, up to 10 percent ethanol or E10 has been used for all conventional cars and light trucks, and non-road vehicles.

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EPA OKs some use of higher ethanol blend. – Dan Piller, Des Moines Register, October 14, 2010

The U.S. Environmental Protection Agency gave its approval Wednesday to a 15 percent blend of ethanol with regular unleaded gasoline, increasing the limit from 10 percent for motor vehicles of the 2007 model year or newer. But don’t expect to see E15 at pumps soon. Ethanol industry officials said they didn’t expect the higher blend to be ready until the first quarter of next year. They also worry about confusion at the pumps as motorists try to figure out which pump to use. Most major gasoline retailers, such as Iowa-based Kum & Go, have said they will wait to determine market demand before going to the expense of installing new pumps and tanks. Deputy EPA Administrator Gina McCarthy said the agency would require prominent labeling on pumps so motorists will be able to determine whether they can legally use E15 if it is offered. She said the agency would rule in November or December on allowing E15 to be used in cars from the 2001 model year or newer, which would make more than 55 percent of the U.S. fleet eligible for E15 use. Tom Buis, chief executive of Growth Energy, an ethanol advocacy group that asked for the E15 decision, dismissed the potential problems at the pump, saying “motorists will adjust. Remember, we went through the change from leaded to unleaded gasoline.”

Ethanol: More Is Not Better: Gas Additive Upping the ingredient is good for Iowa, bad for Connecticut. – Hartford Courant, October 15, 2010

The decision of the Environmental Protection Agency to allow 50 percent more ethanol in gasoline — from 10 percent to 15 percent — is good for corn-growing states like Iowa that produce the substance, but may ultimately have a negative impact on boating states like Connecticut. To be sure, the new rule won’t result in changes overnight. It would provide the 15 percent mix of gasoline for cars manufactured in 2007 and later for which the higher mix of ethanol would have little impact. And a host of rules in various states and changes at the gas pumps would have to take place before the gasoline is sold. But there’s already considerable evidence that adding ethanol to gasoline at the lower level of 10 percent is terrible for boat engines, making them hard to start and causing leaky valves and deterioration in engines, fuel tanks and fuel lines. The National Marine Manufacturers Association wanted the EPA to postpone its decision until the impact of higher ethanol blends on marine motors could be completed. And although using corn-derived ethanol in gasoline makes the nation less dependent on foreign oil, so much energy (not to mention pesticide, water and fertilzer) is used to plant the corn, harvest it and process it into the fuel additive that it can hardly be called good for the environment.

Minnesota Farmers Union supports EPA decision on E15. - Alexandria Echo Press, October 16, 2010

Minnesota Farmers Union (MFU) President Doug Peterson welcomes the U.S. Environmental Protection Agency’s (EPA) announcement this week of the approval of E15 blend fuel in 2007 and newer vehicles. On March 6, 2009 Growth Energy (www.growthenergy.org) submitted its Green Jobs Waiver to the EPA, seeking a regulatory change to permit an increase in the allowable blend of ethanol in fuel to 15 percent (E15), from the arbitrary limit that currently caps the amount at 10 percent (E10). MFU says the approval for newer vehicles is a good first step, and MFU is confident it will be followed by approval for older model vehicles once the Department of Energy (DOE) completes its testing later this year. “Minnesota has been a leader in biofuels, and this announcement is a step in the right direction to reducing America’s dependence on foreign oil, creating U.S. jobs and improving our environment” said Doug Peterson, MFU president.

OTHER ENVIRONMENTAL NEWS

Other

EPA Administrator signs Memorandum of Understanding with China on Environmental Protection. – EPA Press Release, October 12, 2010

During her first official visit to China, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson and Minister of Environmental Protection Zhou Shengxian signed an agreement that formalizes the partnership between the United States and China on environmental protection. “The United States and China have enjoyed a strong relationship and achieved significant progress in our nearly 30-year partnership on environmental protection. As we celebrate our shared successes, this is a good time for us to also evaluate our collaboration, identify emerging priorities, and sharpen our focus on building a prosperous and healthy future,” said EPA Administrator Lisa P. Jackson. “The global environmental community has learned much in the last 30 years, and MEP has many accomplishments worth recognizing. I look forward to enhancing our collaboration and am proud to renew this historic connection today.”

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EPA: Hope for Progress With China Despite Friction. – Elaine Kurtenbach, Associated Press, October 14, 2010

China and the U.S. are working together on cutting greenhouse gas emissions despite the deadlock over a broader global agreement on fighting climate change, the head of the U.S. Environmental Protection Agency said Wednesday. “My hope is that we will see continued progress on the issues. They are vitally important,” EPA Administrator Lisa P. Jackson, said in Shanghai following U.N. climate talks in northern China’s Tianjin last week. Modest progress at the Tianjin talks was eclipsed by the acrimonious standoff between China and the U.S. over monitoring and verification of efforts by developing nations to curb the greenhouse gas emissions that are blamed for global warming. Countries remain at odds over how to split the burden of emission cuts and how to verify them. The U.S. wants China and other developing countries to commit to mandatory, rather than just voluntary goals. Beijing, meanwhile, accuses the U.S. and other wealthy countries of failing to make cuts in carbon dioxide emissions — created in part by burning fossil fuels like oil and coal — commensurate with their massive historical contribution to the problem. China’s 2011-16 five-year-plan, a national economic planning blueprint now being drafted, calls for reducing the amount of energy used per dollar of GDP by 17 percent and for cutting fossil-fuel emissions by about 20 percent from 2010 levels, the newspaper Shanghai Securities News reported Wednesday, citing a source involved in drafting the plan.

What is Environmental Economics? – Pavel Rahman, Pavel’s Thought Wave, October 16, 2010

There is a reason why Applied Environmental Economics (AEE) is a growing field of study. It is widely recognized that most environmental problems, whether small-scale or global, are the result of a complex interaction of natural processes with economic forces and decisions. AEE provides a sound theoretical base and practical appreciation of the concepts and methods of environmental and natural resource economics relevant to policy decisions and research. According to the National Bureau of Economic Research, Environmental Economics is defined as:  “[...] Environmental Economics [...] undertakes theoretical or empirical studies of the economic effects of national or local environmental policies around the world [...]. Particular issues include the costs and benefits of alternative environmental policies to deal with air pollution, water quality, toxic substances, solid waste, and global warming.” In simpler terms, Environmental economics is a concentration within the traditional field of economics that focuses on modern environmental issues. Economics is about finding the right balance between how many products can be sold and how much products and services should cost (supply and demand); environmental economics is about trying to balance the needs people have for products and services with the necessity of protecting natural resources and the environment. Many environmental economists today are taking a more ecological and holistic approach to traditional economic theories, creating two different fields in this subset of economics: environmental economics and ecological economics.

SETTLEMENTS

North Carolina Producer and Wisconsin Distributor to Pay Civil Penalties for Selling Misbranded Lawn Herbicide-Fertilizer. – EPA Press Release, October 4, 2010

A North Carolina manufacturer and registrant for the herbicide Barricade (prodiamine), and a Wisconsin company that served as an authorized distributor of a fertilizer product containing the herbicide, have agreed to pay civil monetary penalties to the United States to settle allegations that they sold a misbranded pesticide and altered labels on the pesticide product. Syngenta Crop Protection, Inc., of Greensboro, N.C., will pay a civil penalty of $9,152, and Eau Claire Co-op Oil Company, Inc., of Eau Claire, Wis., will pay a civil penalty of $6,864, according to separate but related administrative consent agreements filed by EPA in Kansas City, Kan. Syngenta is the official EPA registrant for Prodiamine Pro F 0.38% Herbicide. Eau Claire Co-op Oil is an authorized supplemental distributor of the herbicide in a herbicide-fertilizer product marketed as Award Turf Fertilizer with 0.38% Barricade.

Settlements at South Dakota ethanol facilities ensure air pollutant reductions, yield $225K in penalties. – EPA Press Release, October 1, 2010

In consent decrees lodged yesterday in the United States District Court for the District of South Dakota, the U.S. Department of Justice and the U.S. Environmental Protection Agency reached agreements with the operators of three South Dakota ethanol production facilities resolving Clean Air Act violations associated with emissions and testing requirements for volatile organic compounds (VOCs). “EPA expects ethanol production facilities to employ appropriate controls and testing procedures to manage air emissions,” said Jim Martin, EPA’s regional administrator in Denver. “The volatile organic compounds created in the ethanol refining process can contribute to ground-level ozone and create local and regional health concerns.” As a result of EPA’s investigation, the facilities have enhanced existing controls through repair and renovation of thermal oxidizers and improving scrubber operations. They have also agreed to conduct specific performance testing when demonstrating compliance with VOC limits.

Firing range cleanup agreement means Kincaid Park soccer field construction can move forward. – EPA Press Release, October 7, 2010

The Municipality of Anchorage, Kincaid Project Group, Land Design North and Roger Hickel Contracting, Inc., have agreed to complete the clean up of lead-contaminated soil at Kincaid Park in Anchorage, Alaska under a settlement announced today by the Environmental Protection Agency. According to Edward Kowalski, EPA’s Director of Compliance and Enforcement in Seattle, today’s cleanup agreement will allow the construction of a new and safer soccer field at the site of a former firing range in the park. “This settlement is great news for Anchorage-area youth, for the environment, and for the community as a whole,” Kowalski said. “It means the cleanup will get done and ultimately children and their families will have a safe place to play without risk of exposure to lead-contaminated soil.” Today’s consent agreement requires the parties to submit a cleanup plan to EPA within 90 days. Once the plan is approved, it will be implemented as soon as practicable.

Central Oregon and Pacific Railroad pays $272,900 for diesel spill in Cow Creek derailment. – EPA Press Release, October 8, 2010

The U.S. Environmental Protection Agency, the State of Oregon and the U.S. Department of Justice have settled alleged violations of the Clean Water Act by Central Oregon and Pacific Railroad with a civil penalty of $272,900. The violations are associated with a train derailment that resulted in a 4,200 gallon diesel fuel spill to Cow Creek and its adjoining shoreline. The fuel spill occurred in October 2004 when two diesel locomotives derailed adjacent to Cow Creek near Riddle, Oregon. Cow Creek is a tributary to the South Fork of the Umpqua River, which provides habitat for salmon.“This spill threatened wildlife habitat and a city’s water supply,” said Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle. “Regardless of the cause, when oil is discharged to U.S. rivers, lakes or streams, EPA will seek a penalty.”

North America’s Largest Lead Producer to Spend $65 Million to Correct Environmental Violations at Missouri Facilities. – EPA Press Release, October 8, 2010

Doe Run Resources Corp. of St. Louis, North America’s largest lead producer, has agreed to spend approximately $65 million to correct violations of several environmental laws at 10 of its lead mining, milling and smelting facilities in southeast Missouri, the Justice Department, Environmental Protection Agency (EPA) and the Missouri Department of Natural Resources announced today. The settlement also requires the company to pay a $7 million civil penalty. As part of the settlement, Doe Run will pay a civil penalty of $7 million for violating a series of environmental laws, including the federal Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Emergency Planning and Right-to-Know Act, Comprehensive Environmental Response, Compensation and Liability Act (known as Superfund), and the Missouri Air Conservation Law, Clean Water Law and Hazardous Waste Management Law. The penalty will be paid by Doe Run in a $3.5 million payment to the United States and a $1.5 million payment to the state of Missouri, with an additional $1 million plus interest to be paid to the state each year for the next two years.

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The Doe Run Company Reaches Landmark Environmental Agreement. – Kansas City Star, October 8, 2010

The Doe Run Company has agreed to spend up to $7.5 million on several environmental improvement projects. In addition, the agreement with the U.S. Environmental Protection Agency (EPA) outlines several major programs that will take place over the next three to five years, improving sites the company owns or operates, including its smelters, mines and mills in Missouri.“We all share common goals for vibrant communities, high-paying local jobs and improved environmental performance,” said Bruce Neil, president and chief executive officer of The Doe Run Company. “The agreement enables the company to address historical and more recent environmental issues, while still providing jobs for our employees, strategic metal to our customers and the $1 billion economic benefit we provide to the region.” As a part of the agreement, Doe Run will also pay a $3.5 million penalty to the U.S. Government and $3.5 million to the State of Missouri school funds for Iron County (50 percent), Reynolds County (30 percent), Jefferson County (15 percent) and Washington County (5 percent).The company will also discontinue operating its Herculaneum smelter by the end of 2013, rather than in 2016 as required by state regulation for sulfur dioxide (SO2) emissions. Work at that site will continue as part of a cleanup and repurposing of the facility.

DECISIONS

Elam Construction, 4B Land and Livestock ordered to mitigate damage to Yampa River (Colo.) wetlands. – EPA Press Release, October 5, 2010

The U.S. Environmental Protection Agency (EPA) has issued a compliance order to Elam Construction and 4B Land & Livestock, LLC (owned by Scott and Sheila Brennise) for impacts to wetlands at a gravel mining site adjacent to the Yampa River near Craig, Colo. Elam Construction’s and 4B Land and Livestock’s actions were conducted without a required Clean Water Act permit from the U.S. Army Corps of Engineers (Corps). “EPA is requiring Elam Construction and 4B Land and Livestock to complete projects to compensate for unauthorized mining activities that affected wetlands along the Yampa River,” said Mike Gaydosh, EPA’s enforcement director in Denver. “Those taking actions that impact surface waters and wetlands must secure appropriate permits to protect water resources and the functions they provide.”

E. Providence Company Faces Fine for Ammonia Violations. – EPA Press Release, October 5, 2010

Tanner Industries, an East Providence, R.I., company that distributes ammonia, faces a $149,080 penalty for violating federal regulations meant to prevent chemical accidents, according to a recent complaint by EPA. Tanner operates ammonia distribution facilities across the country, including one in East Providence, and is subject to the Clean Air Act’s risk management planning requirements because ammonia is an extremely hazardous substance. Although Tanner has a risk management plan, EPA’s New England office is proposing to fine Tanner for a deficiency in its plan concerning the failure to anticipate the problems that could arise if an ammonia release occurred at the East Providence facility during periods when the facility is unstaffed. In a separate administrative order issued in June 2009, EPA New England ordered Tanner to correct these deficiencies, and Tanner is cooperating, according to EPA.

US Ecology to pay nearly $500,000 for hazardous waste violations. – EPA Press Release, October 5, 2010

The U.S. Environmental Protection Agency today fined US Ecology $497,982 for 18 counts of hazardous waste violations. US Ecology operates a commercial hazardous waste treatment, storage and disposal facility in Nye County, Nev., on the outskirts of Beatty. EPA inspectors found numerous violations at a hazardous waste unit designed to thermally treat contaminated materials, like soils, to remove the hazardous components. On two occasions, US Ecology reports showed that the unit was “smoking,” releasing hazardous components to the air. The treatment unit has been permanently shut down by US Ecology. “We impose strict environmental controls to make sure hazardous waste is actually treated and not simply released into the air,” said Jared Blumenfeld, the EPA’s Regional Administrator for the Pacific Southwest. “Our goal is to safeguard worker health and nearby communities, so it’s imperative for facilities like US Ecology to properly manage their waste.”

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US Ecology fined $500,000 for violations in Nevada. – The Associated Press, October 5, 2010

The U.S. Environmental Protection Agency has fined a hazardous waste treatment and disposal company nearly $500,000 for violations at a facility in the Nye County community of Beatty. The federal agency announced Tuesday that it fined publicly traded US Ecology Inc. for 18 violations. The EPA says a unit designed to thermally treat contaminated materials was found to be smoking and releasing hazardous materials into the air. The agency says US Ecology has shut down the unit. US Ecology is based in Boise, Idaho. It also runs facilities in Richland, Wash., Robstown, Texas, and Grand View, Idaho.

U.S. EPA orders GWA to repair broken sewer main to Northern District Wastewater Plant. – EPA Press Release, October 4, 2010

The U.S. Environmental Protection Agency yesterday issued a compliance order to the Guam Waterworks Authority to take immediate steps to repair a broken sewer force main located near the Southern Link Sewage Lift Station in Dededo, Guam. GWA has two weeks to repair or replace the broken 36-inch diameter force main and eliminate any wastewater spills resulting from the break. The utility needs to ensure all wastewater from the force main is contained and properly treated, and monitor a nearby drinking water well for impacts of spilled sewage. “This is a major break, with the potential for a large volume of raw sewage to leach into the ground or flood the road,” said Alexis Strauss, water director for the EPA’s Pacific Southwest Region. “GWA’s delay in reporting the break and its lack of timely response has exposed the public to untreated sewage. They need to move as fast as possible to fix this public health hazard.”

EPA Orders Whately, Mass. Farmer to Restore Damaged Wetlands. – EPA Press Release, October 7, 2010

EPA has ordered the restoration of more than 17 acres of freshwater wetlands in Whately, Mass. The forested and scrub wetlands were altered in the course of preparing land for new farm fields. The farmer, James Pasiecnik, owns J. M. Pasiecnik Farms on about 157 acres of land in Whately. Beginning in 1984 and continuing through 2005, Mr. Pasiecnik and workers operating under his direction grubbed, graded, filled, and altered approximately 17.3 acres of wetlands next to farm fields at several locations on his farm. Mr. Pasiecnik failed to obtain a federal permit under the Clean Water Act (CWA) authorizing the discharges of dredged and fill material into the wetlands. Under the CWA, persons wishing to discharge dredged and/or fill material into wetlands must obtain federal permits from the Army Corps of Engineers in most cases, including when expanding farm fields.

LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

Leominster Mass. Plastics Manufacturer Ordered to Comply with Hazardous Waste Laws. – EPA Press Release, October 5, 2010

EPA recently issued a Complaint and Compliance Order against Hudson Color Concentrates, a division of L&A Molding, Inc., for violating state and federal hazardous waste management requirements. Hudson Color, of Leominster, Mass., produces custom color plastic pellet concentrates for the plastics industry by blending, mixing, melting, extruding, quenching, drying and chipping processed mixtures of color pigments. EPA’s complaint alleges that that Hudson Color violated the Resource Conservation and Recovery Act (RCRA) by failing to conduct an adequate hazardous waste determination of waste pigment powders containing high concentrations of lead found in the Facility’s raw material storage areas, pigment room and blending area. In addition, the EPA inspectors found that the company did not handle universal waste in accordance with state and federal regulations by not properly managing mercury-containing fluorescent bulbs in a way that would prevent bulbs from breaking, potentially releasing of mercury into the environment.

EPA says Boardman Coal Plant Violates Clean Air Law. – Chris Thomas, Public News Service, October 6, 2010

It’s been the subject of plenty of protests and hearings, and now, the U.S. Environmental Protection Agency (EPA) says the coal-fired power plant in Boardman is violating the Clean Air Act. The agency notified plant owner Portland General Electric (PGE) by letter. It came as a surprise, even to groups that have long contended the plant is causing hazardous haze and acid rain in the Columbia Gorge. Cesia Kearns, regional representative for the Sierra Club in Portland, says PGE might now have to rethink its plan to keep the plant running until 2020. “This move by the EPA is demonstrating that PGE’s proposal to continue operating at these unacceptable levels is just simply irresponsible. It’s time for PGE to stand up and make up for the mistakes of the past, and transition this plant as soon as possible.”

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EPA Claims PGE’s Boardman Plant Violates Clean Air Act. – Geoff Norcross, OPB News, October 7, 2010

The Environmental Protection Agency says Portland General Electric has been operating its Boardman coal-fired power plant in violation of the Clean Air Act since 1998. The company got a notice last week threatening penalties of up to $37,500 for every day the plant has been operating without adequate pollution controls. Here to talk about this is Cassandra Profita, OPB’s environmental news blogger. What exactly does the EPA say PGE is doing wrong at Boardman? Cassandra Profita: “The EPA says PGE made two boiler upgrades at Boardman since 1998 that increased the rate of sulfur dioxide emissions coming from the plant and triggered requirements for new air pollution controls. Sulfur dioxide contributes to acid rain, and it’s linked to respiratory diseases like asthma. To reduce sulfur dioxide pollution over time, the Clean Air Act requires coal-fired power plants to install some pretty pricy new emission controls when they make certain kinds of upgrades. The EPA says PGE broke the law by not installing new controls when it upgraded its Boardman facility in 1998 and 2004, and that the plant has been operating in violation of the law ever since.”

Coal Plant Pollution Controls Increased Emissions EPA Complaint Alleges. – Environmental Leader, October 8, 2010

The U.S Environmental Protection Agency has notified Portland General Electric that its Boardman coal-fired plant has been out of compliance with federal pollution rules since 1997 — but Oregon state officials disagree, KGW-TV reports. “It did pretty come out of the blue we hadn’t any notification it was coming,” PGE Spokesperson Steve Corson said. “We don’t believe there were violations. This is not something we somehow did in secret… we worked with our regulators… they knew what we were doing.”
The Oregon Department of Environmental Quality agreed. “We haven’t taken any enforcement on the company… we haven’t issued a notice and we didn’t see any violation of a requirement,” DEQ spokesman Andrew Ginsburg told KGW-TV. The eight-page order from the EPA contends that attempts to curtail pollution at the plant in Eastern Oregon actually increased pollution. PGE has denied the company is out of compliance with EPA rules. It continues a permitting and review process that keeps the plant running through 2020.

Saco, Maine Metal Finisher Faces EPA Fine for Hazardous Waste Violations. – EPA Press Release, October 7, 2010

EPA has proposed a penalty of $54,397 against a metal finishing and electroplating facility in Saco, Maine, for five counts of violating state and federal hazardous waste laws. According to EPA, Southern Maine Specialties violated state hazardous waste laws as well as the federal Resource Conservation and Recovery Act (RCRA) by improper storage, labeling and other management of hazardous waste, as well as by not providing adequate employee training. The EPA complaint outlines that Southern Maine stored containers of hazardous waste next to incompatible material; failed to provide required hazardous waste management training for employees; exceeded the limit of 55 gallons of one type hazardous waste in one place by storing two 55-gallon containers of sodium hydroxide sludge together; and failed to comply with tank management standards by having a tank of hazardous waste that was not designed to hold hazardous waste, was not labeled with the words “hazardous waste,” and was not being managed according the required tank operating standards. The complaint filed last month grew out of a January inspection of the facility by EPA.

Groups claim mines polluting water in eastern Ky. – Associated Press, October 7, 2010

The U.S. Environmental Protection Agency has blocked 11 state-issued permits related to water discharge at coal mines over concerns they don’t protect waterways from pollution, a Kentucky newspaper reported. The EPA sent objection letters to Kentucky officials citing the state’s own assessment of poor water quality in the region where the permits are being sought. The EPA said state regulators failed to conduct analyses to determine whether the discharge proposals would violate the state’s water quality standards, The Courier-Journal reported Wednesday. Kentucky Department of Environmental Protection Commissioner Bruce Scott said the EPA’s action could lead to the federal government taking control of permit approval and enforcement actions in the state. Scott said the state would likely ask for a public hearing on the matter before submitting revised permits to the EPA.

State EPA asks attorney general to investigate Venice factory explosion. – Belleville News Democrat, October 7, 2010

The Illinois Environmental Protection Agency has asked the attorney general to investigate a Venice factory that suffered a series of explosions Monday. The Magnesium Elektron plant was rocked with a series of explosions and fire late Monday night, originating with one of the coil reheating furnaces. According to the IEPA, the fire was apparently caused by a water line rupturing over the furnace, which allowed water to contact molten magnesium. The explosions released a large plume of magnesium oxide particulates, according to the IEPA. In a statement Thursday, the agency said it has asked the Illinois Attorney General’s office to proceed with an enforcement action, alleging that Magnesium Elektron endangered human health and the environment. Exposure to magnesium and magnesium oxide can cause short-term eye irritation or burning in the lungs, but does not accumulate in the body. A nearby elementary school was closed Tuesday due to the conditions around the plant, which is located partly in Venice but has a Madison mailing address.

Gov. Manchin announces state will sue EPA. – Huntington News, October 7, 2010

Governor Joe Manchin announced today that the West Virginia Department of Environmental Protection is filing a lawsuit against the United States Environmental Protection Agency over the process the federal agency has used to block mining permits in West Virginia and the Appalachian region. In this morning’s announcement, the Governor said, “Through a series of questionable and unlawful actions, the U.S. EPA has implemented policies and procedures that have delayed the permitting process and halted the issuance of new mine permits. He said the federal agency has usurped the authority of the State and the West Virginia Department of Environmental Protection to oversee and regulate important aspects of the state’s environment. “Despite our efforts, the EPA has continued to overreach. They have proven that they are trying to regulate what they can’t legislate,” Manchin said. The lawsuit states that the U.S. EPA has violated regulations of the Administrative Procedures Act, the Clean Water Act and the Surface Mine Control and Reclamation Act regarding the creation of policy by making decisions based on its Enhanced Coordination Process instituted in June 2009, and its April 1, 2010 guidance on mining activity in the Appalachian region. The suit contends that using these documents to regulate coal mining is outside of the law because these documents were developed without the procedural safeguards that are required for rulemaking in accordance with federal law.

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W.Va. to Sue Feds Over Holding up Mine Permits. – Walt Williams, WVNS 50, October 5, 2010

Gov. Joe Manchin announced Oct. 6 the state is suing the federal government for allegedly holding up the permitting process for mountaintop mining operations across the state. At press conference attended by coal industry representatives, Manchin said the lawsuit was an option the state didn’t want to pursue but was left no choice by uncooperative federal regulators. The U.S. Senate candidate also used the occasion to distance himself from President Barack Obama, whose unpopularity in the Mountain State may be hurting Manchin among voters. Manchin said his office has fought the Obama administration’s “attempts to destroy the coal industry.” He also said the timing of the lawsuit was not a political maneuver timed to boost his popularity as Election Day nears. “I’m a governor first,” he said. “That’s my first and foremost job: being governor. We’ve been working diligently on this for some time.” At issue are 79 surface mine permits the U.S. Environmental Protection Agency held back in 2009 due to concerns about the environmental impacts of the operations. Twenty-three permits were in West Virginia. Two of them have since been issued while the others have been withdrawn or are still pending.

West Virginia Sues U.S. EPA Over Mountaintop Mining Permits. – Environmental News Service, October 8, 2010

The state of West Virginia has field a lawsuit against the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers for blocking the permitting of surface coal mining permits. The civil lawsuit “seeks relief from a series of actions taken by EPA and the Corps that unlawfully seek out and target surface coal mining in West Virginia and five other Appalachian states” – Kentucky, Ohio, Pennsylvania, Tennessee, and Virginia. West Virginia Governor Joe Manchin, a Democrat, announced the lawsuit at a news conference Wednesday attended by representatives from the West Virginia Coal Association, the United Mine Workers of America and families from the mining community. “I’ve asked our stakeholders to come together today because over the past year and a half, we have been fighting President Obama’s Administration’s attempts to destroy our coal industry and way of life in West Virginia,” the governor said.

REGULATORY ACTIONS

Air

EPA proposes pollution controls for nation’s largest source of NOx: Four Corners Power Plant. – EPA News Release, October 6, 2010

Today, the U.S. Environmental Protection Agency proposed requiring additional pollution controls for the Four Corners Power Plant located on the Navajo Nation near Farmington, New Mexico to improve visibility and human health. EPA’s proposal will require plant operators to install the most stringent pollution control technology available for this type of facility.  These controls will reduce emissions of nitrogen oxides (NOx) from approximately 45,000 tons per year to 9,000 tons per year. Every year over 280 million people visit our nation’s most treasured parks and wilderness areas. Yet, many visitors aren’t able to see the spectacular vistas because of the veil of white or brown haze that hangs in the air, reducing visibility and dulling the natural beauty.  There are 16 national parks and wilderness areas in the vicinity of the Four Corners Power Plant, including the Mesa Verde and the Petrified Forest. These controls are estimated to reduce the visibility impact by an average of 57% at these areas.

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Local advocates hail EPA proposal. – Dale Rodebaugh, The Durango Herald, October 7, 2010

The U.S. Environmental Protection Agency proposal to require that the Four Corners Generating Station reduce nitrogen oxide emissions by 80 percent is tremendous news, the director of the San Juan Citizens Alliance said Thursday. “It represents a significant step toward improving air quality in the Four Corners,” Megan Graham said. Two plants west of Farmington, Four Corners and the San Juan Generating Station, “have significant impact,” she said. Graham said it shows that citizen groups and advocates are being listened to at all levels of the administration. Mesa Verde National Park near Cortez and the Weminuche Wilderness north of Durango are expected to see a noticeable improvement in visibility as a result. The EPA’s proposal would force the plant to install the latest pollution-control technology on five generating units at the 45-year-old Four Corners plant, said Mike Eisenfeld, the San Juan Citizens Alliance representative in New Mexico.

EPA Urged to Test All Schools for Carcinogens. – Diane Hubert, Epoch Times, October 7, 2010

The safety of public school buildings was under scrutiny this Thursday as many elected officials and over 100 supporters came out to demand the Environmental Protection Agency (EPA) test all New York public schools for high levels of polychlorinated biphenyls (PCB’s), a carcinogenic chemical once used in construction. “We don’t want to be alarmist or scare people but we need to know the facts,” said Congressman Jerrold Nadler. Two letters signed by all 13 members of New York City’s House Delegation were recently submitted urging the EPA to take action on investigating whether the more than 700 schools in all five boroughs contain harmful levels of PCBs.

Water

EPA mandate could cost taxpayers billions. – Jon Campbell, October 2, 2010

The U.S. Environmental Protection Agency last week unveiled a strict plan to control pollution in the Chesapeake, whose watershed stretches across six states — including New York and Pennsylvania — and the District of Columbia. The plan calls for steep reductions in nitrogen and phosphorus discharge in New York’s portion of the watershed, which includes all of Broome and Tioga and most of Chemung and Steuben counties. There are problems, critics say: The limits could be impossible to reach and would require billions of dollars in equipment and infrastructure improvements in New York alone, which would almost entirely be passed on to the taxpayers. “We don’t feel the EPA’s limits are achievable by any means,” said Chip McElwee, executive director of the Broome County Soil & Water Conservation District. “You could take the sewage treatment plants off line, we could go live in the woods, and then eliminate half of our farms; that’s how you would have to get there.” McElwee is not alone in his beliefs. A number of local and state sewage and farm representatives say the EPA’s plan has the potential to cause incredibly difficult economic conditions.

US EPA: Fix sewage pipe: GWA has 2 weeks to stop leak. – Laura Matthews, Pacific Sunday News, October 3, 2010

The U.S. Environmental Protection Agency yesterday ordered the Guam Waterworks Authority to repair a broken sewer pipe that’s leaking untreated sewage in Dededo. The agency issued a press release yesterday stating it has issued a compliance order for GWA to take immediate steps to repair a broken force main near the southern link sewage lift station. GWA has two weeks to fix or replace the broken 36-inch-diameter force main and remove any wastewater spills resulting from the break, the release stated. Force mains are pressurized pipes that carry sewage from residential, commercial and industrial sources to wastewater treatment plants. They operate under pressure, and even a small break can result in a large spill and a lengthy repair job, according to the U.S. EPA. The release noted also that the order requires GWA to submit plans to U.S. EPA for repairing or replacing the force main. GWA needs to ensure all wastewater from the force main is contained and properly treated, and monitor a nearby drinking water well for impacts of spilled sewage, U.S. EPA stated.

EPA Issues Clean Water and Drinking Water Infrastructure Sustainability Policy. – EPA Press Release, October 4, 2010

The U.S. Environmental Protection Agency (EPA) is issuing a Clean Water and Drinking Water Infrastructure Sustainability Policy with the goal of increasing the sustainability of water and wastewater infrastructure in the United States. Communities across the country are facing challenges in making costly upgrades and repairs to their aging water infrastructure, which include sewer systems and treatment facilities. Making this infrastructure last longer while increasing its cost-effectiveness is essential to protecting human health and the environment, and maintaining safe drinking water and clean water bodies. The new policy is part of EPA Administrator Lisa P. Jackson’s priority to protect America’s waters. “Through cost-effective, resource-efficient techniques – like green water infrastructure alternatives – this policy aims to make our communities more environmentally and economically sustainable,” said EPA Deputy Administrator Bob Perciasepe. “These smart investments in our water infrastructure, along with increased awareness of the importance of these investments, can keep our water cleaner and save Americans money.”

EPA Approves Iowa Rules to Protect High Quality Waters. – EPA Press Release, October 4, 2010

EPA Region 7 has issued its approval of Iowa’s Antidegradation Policy and Implementation Procedures, which are to be used by the Iowa Department of Natural Resources to protect high quality Iowa waters. High quality waters are those with pollutant levels lower than what is required by state regulations. “Implementation of the rule will yield great water benefits to the residents of Iowa and people who visit the state,” said Karl Brooks, regional administrator. “The rule helps guarantee Iowa’s waters to be safe for aquatic life and recreational activities.” Iowa is obligated under the Clean Water Act (CWA) to develop and adopt a statewide antidegradation policy and to identify procedures for implementing the policy. Antidegradation refers to federal regulations designed to maintain and protect high quality waters and existing water quality in other waters from unnecessary pollution. It also provides avenues for the public to engage in determining acceptable levels of pollution.

IEPA in hot water with feds. – Steve Tarter, Peoria Star Journal, October 4, 2010

The Illinois Environmental Protection Agency is in hot water because of the way it’s been handling federal clean water regulations. After an investigation of more than two years, the U.S. EPA found Illinois to be “in serious noncompliance” with requirements of the Federal Clean Water Act. The Illinois EPA said it is still reviewing the federal report and is working with the federal EPA to improve the state’s programs. The investigation stems from the state EPA’s failure to enforce clean-water regulations against large-scale industrial livestock operations, said Danielle Diamond, a DeKalb attorney and co-founder of Illinois Citizens for Clean Air & Water, the environmental group that petitioned the EPA to take action. “Only 40 permits have been issued in Illinois since the 1970s despite the fact that there are 3,500 large-scale livestock operations in the state,” she said. Under the clean water act, the EPA is supposed to issue a permit before any large-scale operations can do business. The citizens group had urged the U.S. EPA to strip Illinois of its authority to issue pollution control permits since it had failed to regulate the discharge of waste at large-scale operations.

Environmental group seeks tougher pollution protections for Everglades restoration. – Andy Reid, Orlando Sun Sentinel, October 4, 2010

With one legal showdown delayed, another is brewing in the fight over slow-moving Everglades restoration and the future of a land deal with U.S. Sugar Corp. that would cost South Florida taxpayers $197 million. On Friday, U.S. District Judge Alan Gold delayed a Thursday hearing where he had called for U.S. Environmental Protection Agency Administrator Lisa Jackson to answer for her agency’s enforcement of the Clean Water Act when it comes to polluted storm water discharges to the Everglades.
On Monday, the environmental group Friends of the Everglades, filed a measure calling for Gold to reject the EPA’s newly revamped plan to start enforcing water quality requirements. The group also called for the judge to bring the South Florida Water Management District  into the legal fight. Friends of the Everglades called for the EPA to take action against the water management district “to stop poisoning the Everglades.” This additional legal wrangling over restoration comes as the water management district gets ready on Oct. 12 to close on a $197 million land deal to use U.S. Sugar farmland to store and treat more storm water bound for the Everglades. Lingering legal cases could still scrap the deal.

EPA Extends by One Year the Compliance Date on Spill Prevention Rule for Certain Facilities / Offshore drilling, production, workover, and certain onshore facilities are not eligible for extension. – EPA Press Release, October 7, 2010

The U.S. Environmental Protection Agency (EPA) is extending the compliance date by one year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The agency is also announcing that some facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010. Last year, EPA amended the SPCC rule to strengthen certain provisions. Regulated facilities are required to amend and implement these changes as part of their overall SPCC plans. The purpose of the SPCC rule, which was finalized in 1973, is to establish requirements for facilities to prevent a discharge of oil into navigable waters or adjoining shorelines. EPA has no SPCC jurisdiction over drilling, production or workover facilities seaward of the coastline. Types of facilities not eligible for the extension must comply by November 10, 2010: Drilling, production or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit facility response plans (FRPs), due to the threats these facilities could pose of significant oil spills to navigable waters or adjoining shorelines.

Bay ‘diet’ giving farmers indigestion. – Rusty Denned, Free Lance Star, October 8, 2010

A tough new “pollution diet” for the Chesapeake Bay will hit Virginia farmers in the pocketbook. And a representative of the Virginia Farm Bureau Federation said yesterday that the Environmental Protection Agency, which is preparing the rules, should not be telling Virginians how to achieve bay water-quality improvements. Speaking before the Potomac Watershed Roundtable meeting at Westmoreland State Park, Wilmer Stoneman said the plan will place unnecessary new regulations and costs on farmers already hit hard by the economic downturn. “We think the EPA is certainly asking the state to regulate agriculture, and I mean all of agriculture,” said Stoneman, who serves on the Farm Bureau’s government relations staff. He said the pollution diet, known as a total maximum daily load, or TMDL, was best described in a sign a Culpeper farmer recently carried at a meeting on the topic in Fredericksburg: “Taking Mom, Dad’s Land.”

Other Articles on the Same Topic:

EPA’s Bay Plan Hearings Heading To Md., Del. – Associated Press, October 8, 2010

Environmental Protection Agency public hearings on Chesapeake Bay restoration are coming to Maryland and Delaware. Virginia hearings drew hundreds and meetings are planned in Delaware and Maryland, starting Monday in Georgetown, Del. Other hearings are scheduled Tuesday in Easton, Wednesday in Annapolis and Thursday in Hagerstown. The Georgetown and Hagerstown hearings will also be viewable online. The restoration strategy has prompted Virginia officials to question its cost and at a Monday meeting in Harrisonburg, Va., hundreds of farmers and business owners also said they were worried about the cost. EPA officials say supporters have also attended the hearings, which give the public the opportunity to influence the final strategy.

Leak from proposed mega-dairy triggers EPA action Corn byproduct leaks into Apple River near Galena. – Robert McCoppin, Chicago Tribune, October 9, 2010

A leak from a proposed giant dairy in northwest Illinois has prompted environmental regulators to seek legal action against the operators, officials said Friday. The Illinois Environmental Protection Agency has asked the state attorney general’s office to take action against Traditions South Dairy for leaking a pollutant into the South Fork of the Apple River in Jo Daviess County near Nora, about 30 miles from Galena. The EPA said the site leaked a purplish-pinkish liquid called corn silage leachate. Silage is a common livestock feed made of chopped, stored and fermented corn plants. Leaks can kill fish, though that was not reported in this case. The EPA was notified of the leak Oct. 1, and took samples that day and on Monday, by which time the liquid was mostly clear, EPA spokeswoman Maggie Carson said.

Options exist to improve sewer treatment. – Dave Choate, Sea Coast Online, October 10, 2010

Secondary treatment is of primary concern to the city these days. The level of treatment is mandated in the consent decree with the U.S. Environmental Protection Agency that Portsmouth is seeking to comply with. While many city residents struggle with the enormity of the bill they may have to foot for a new treatment plant — $100 million-plus in many estimates — comparatively few may understand what it is the city is being asked to do. EPA engineer David Pincumbe said many different technologies can be used to achieve secondary treatment, but it’s essentially the addition of a biological component into the treatment of the wastewater that flows from homes to the city’s treatment plants. It’s also required from all wastewater treatment plants without a waiver, and Portsmouth no longer has one. “Secondary treatment is the minimum technology requirement of the Clean Water Act,” he said. Pincumbe said secondary treatment also sets minimum levels for oxygen and suspended solids in the wastewater, both of which are not to exceed 30 milligrams per liter of water on average.

Waste

City eyesore full of cancer causing chemicals, community wants action. – Maggie Crane, KMOV St. Louis, October 4, 2010

The old Carter Carburetor building in north St. Louis is an eyesore that’s full of cancer-causing chemicals – and it may finally come down, thanks to the Environmental Protection Agency. The contaminated site sits right across the street from the Herbert Hoover Boys and Girls Club. Clean up comes with a $26 million price tag. The site once employed hundreds of St. Louisans, but has sat vacant for the last 25 years. Neighbors want to erase the polluted blight of the abandoned property. “It’s a distraction and deterrent to any further development, and it’s the kind of place that attracts vagrants,” said Flint Fowler, president of the Herbert Hoover Boys and Girls Club. Fowler says he has been fighting for clean up for a decade. Karl Brooks, regional administrator for the EPA says clean up is a complicated project. “There’s a lot of different forms of pollution that require some pretty technical approaches to it.”

Other Articles on the Same Topic:

EPA airs plan to clean up former St. Louis plant. – The Associated Press, October 5, 2010

The federal government says it has a $26 million plan to clean up a long-vacant and tainted St. Louis site where carburetors once were made. The U.S. Environmental Protection Agency says the former Carter Carburetor property next to a youth center has unacceptable levels of dangerous chemicals and asbestos. The factory operated from the 1930s until it closed more than a quarter century ago. The cleanup, expected to start next year, would include removing contaminants and demolishing some buildings. The property owner, Tom Kerr, wants a say in how much of the building remains, insisting he’s hoping to sell the property to someone wanting to put in a food bank warehouse. The EPA will be accepting public comment on the matter until Oct. 27.

Additional Cleanup Decision Finalized at Camp Edwards. – EPA Press Release, October 5, 2010

EPA has signed a final decision document to address contamination near the “L Range” at the Massachusetts Military Reservation (MMR) on Cape Cod. The decision addresses both the groundwater contamination and its source. The majority of the L Range groundwater contamination is located on the eastern portion of the base, abutting the Town of Sandwich boundary, and sampling and monitoring efforts have shown that it does not threaten public or private drinking water supplies. Monitored natural attenuation, or natural reduction in the environment, with land-use controls will serve as the remedy for groundwater contaminated from former military training activities at the L Range. Land-use controls will ensure there is no future use of the contaminated water as long as groundwater contamination levels remain over the state action level.

Residents criticize EPA on Koppers cleanup. – Chad Smith, The Gainesville Sun, October 6, 2010

Outside a community center on East University Avenue on Wednesday evening, a group of minstrels — with an acoustic guitar, an electric bass and a dulcimer — claimed in song that the U.S. Environmental Protection Agency is pushing “snake oil” in the form of its cleanup plan for a Superfund site four miles away. “Ask a tough question, and they’ll just shrug,” the lyrics went. “They’d rather sweep that problem under the rug.” At the EPA’s so-called “availability session” inside, Scott Miller, the agency’s official in charge of the cleanup of the Cabot-Koppers Superfund site, was taking criticism for his plan, which calls for leaving the contaminated soil on site and treating it with a relatively unproven chemical process.

Climate Change

Comment of the Federal Trade Commission regarding Confidientiality of Climate Change Reporting. – Federal trade Commission, September 30, 2010

The Federal Trade Commission (FTC) appreciates the opportunity to submit this
comment to the Environmental Protection Agency (EPA) on its proposed rule concerning confidentiality determinations for greenhouse gas (GHG) data. On October 30, 2009, the EPA issued rules mandating that certain industries report data related to their GHG emissions. The EPA now proposes to group that data into 22 categories and designate the confidentiality status of each category through rulemaking. Three categories of data that the EPA proposes to make public contain potentially sensitive competitive business information: “inputs to emission equations,” “unit/process ‘static’ characteristics that are not inputs to emission equations,” and “unit/process operating characteristics that are not inputs to emission equations.” These three categories include data on production, throughput, raw material consumption, capacity, and future operations. Public disclosure of such facility- and firm-specific sensitive business information may make it easier for reporting companies to either tacitly or explicitly coordinate their pricing decisions. This is especially true when certain market conditions are present, such as transparency, high concentration, impediments to entry, homogeneous products, and low elasticity of demand.

Wolfram: EPA’s rules would hurt economy. – Gary Wolfram, The Detroit News, October 5, 2010

The Environmental Protection Agency is finalizing climate-change regulations under the Clean Air Act that epitomize the ambivalence with which the Obama administration feels toward U.S. business.These rules will require power plants and major industries to control greenhouse-gas emissions, using EPA’s archaic and burdensome command-and-control approach to regulation and adding a new element of uncertainty to an already shaky economic recovery. But it’s not even clear why such controls are needed, given questions about the validity of the scientific case for blaming global warming on fossil-fuel emissions. Congress needs to take prompt action to prevent the EPA from promulgating the regulations, possibly by withholding appropriations for the agency. There is no question that the cost of complying with rules that limit carbon dioxide emissions will make the nation’s unemployment problem even worse than it already is.

Environmental Protection Agency climate doc held up over costs. – Robin Bravender, Politico, Ocotber 8, 2010

A contentious climate change policy is being held up at the White House as Obama administration officials spar over the costs of installing pollution controls, according to a source close to the negotiations. The Environmental Protection Agency was expected to unveil long-anticipated guidance this week on how large polluters like power plants and refiners will be forced to slash their greenhouse gas emissions, but that release has been stalled amid an inter-agency brawl, said Bill Becker, executive director of the National Association of Clean Air Agencies. The “guidance document is being delayed indefinitely,” said Becker, who was informed about the White House negotiations. He said some officials are trying to set federal cost caps on pollution controls against the will of EPA, although it is unclear who is pushing the provision. The EPA policy arrived at the White House Office of Management and Budget last month but is languishing there as administration officials hash out the details.

Other

Notes from the Stunning Final Climate Leaders Meeting. – Paul Baier, GreenBiz, October 7, 2010

The U.S. Environmental Protection Agency (EPA) announced last month that it would suspend its Climate Leaders program, which helped companies take greenhouse gas inventories, set emissions reduction goals, and share best practices. The Climate Leaders’ annual conference previously scheduled for this week ended up being the final meeting. I attended the event and left with the following observations. It is pretty clear that the EPA has zero interest in receiving input from large companies about this program. Obviously there has been some change at the EPA level on how they want to work with large companies in voluntary programs.

EPA Lays Out Five-Year Plan on Agency Priorities. – EPA Press Release, October 7, 2010

The U.S. Environmental Protection Agency (EPA) has issued its fiscal year (FY) 2011 to 2015 strategic plan, which provides a blueprint for advancing EPA’s mission and Administrator Lisa P. Jackson’s priorities. This plan presents five strategic goals for advancing the agency’s environmental and human-health mission, accompanied by five cross-cutting fundamental strategies that seek to adapt the EPA’s work inside and outside of the agency to meet the growing environmental protection needs of the day. The plan will guide the agency to foster a renewed commitment to new possibilities for achieving the vision of a cleaner, greener, and more sustainable environment. The five-year plan includes new benchmarks that track progress against Administrator Jackson’s seven priorities such as taking action to reduce emissions of greenhouse gases and adapt to climate change, protecting America’s waters, increasing the use of smart growth and sustainable development strategies in communities, building and maintaining strong state and tribal partnerships, working for environmental justice, and ensuring that chemical health and safety information is available to the public.

Other Articles on the Same Topic:

EPA Outlines Five-Year Plan. – Environmental Leader, October 8, 2010

Five strategic goals will help the U.S. Environmental Protection Agency (EPA) meet its plans for reducing greenhouse gas (GHG) emissions, protecting U.S. waters, advancing sustainable development, reducing chemical risks and enforcing environmental laws under the agency’s new five-year plan. The fiscal year (FY) 2011 to 2015 strategic plan is focused on five strategic goals for advancing the agency’s environmental and human-health mission. These are: Taking action on climate change and improving air quality; Protecting America’s waters; Cleaning up communities and advancing sustainable development; Ensuring the safety of chemicals and preventing pollution; Enforcing environmental laws. These goals are accompanied by five cross-cutting fundamental strategies, which set clear expectations for changing the way EPA does business in achieving its results including:

ENERGY

Oil

President Obama Signs Executive Order Officially Forming Gulf Coast Ecosystem Restoration Task Force / EPA Administrator Lisa P. Jackson to oversee national transition from emergency response to coastal recovery in the gulf. – EPA Press Release, October 5, 2010

With an executive order in place setting up the Gulf Coast Ecosystem Restoration Task Force to continue the recovery after the BP Deepwater Horizon oil spill, EPA Administrator and Task Force Chair Lisa P. Jackson today started a series of meetings in the region to focus on the next steps. “The president has made clear that he wants restoration plans to come from the gulf coast, and not be imposed on the gulf residents by Washington. We’re counting on the people who know these areas best — the people who call the gulf home — to shape our work,” Administrator Jackson explained during her meetings on Tuesday. “As someone who grew up here, I know the ecosystem is the key to our future. Our economy, our health and our culture are built on the coastline and the gulf waters. I know this, the president knows this, and we are going to stand with you.”

Coal

One man’s fight against mountaintop removal. - Peter Slavin, Los Angeles Times, October 3, 2010

Few homeowners in Appalachia dare to stand up to coal companies. But Bo Webb did, and achieved the unthinkable: He forced a company to move blasting on a mountaintop-removal strip mining site away from his hollow. Webb recently went to Washington, D.C., to press the government to shut down mountaintop removal — the practice of blowing up mountains to reach coal seams. Since May, Webb has worked as a leading organizer of Appalachia Rising, the first national mobilization against mountaintop removal. Then last Monday, an estimated 2,000 people, including several hundred from Appalachia, marched in protest through the capital, from the Environmental Protection Agency to the White House, some with placards bearing the names of decapitated mountains. At the EPA, which enforces laws governing mountaintop removal, they trooped around the building shouting, “Do Your Job, EPA.”

Coal Plant Would Get New Controls. – Felicity Barringer, The New York Times, October 6, 2010

The Environmental Protection Agency signaled on Wednesday that it would require an Arizona power plant, one of the largest coal-fired ones in the nation, to install $717 million in pollution controls to curb emissions that spread haze over the Four Corners region of the Southwest, home to national parks like Mesa Verde. The proposal to install the equipment on the oldest three units of the massive 2,250-megawatt plant is likely to have a long-term effect on both the territory and the economy of the Navajo Nation, which covers an area three times the size of Vermont across Arizona, New Mexico and Utah. The Four Corners Power Plant and the coal mine on the Navajo reservation that supplies it with fuel employ more than 1,000 people, industry officials who oppose the costly controls say.

EPA’s role becoming political issue in Appalachia. – Andrew Schenkel, Mother Nature Network, October 10, 2010

The Environmental Protection Agency continues to be entangled in a feud with the mining industry in Appalachia. The latest news out of the region is that the EPA is opposing water discharge permits for eleven Kentucky coalmines. The Louisville Courier Journal reports  this is the “first time such an action has been taken in 20 years.” The same report explains that this could lead to the federal government claiming more power over the state’s permitting process. This is something Bruce Scott, the Kentucky Commissioner for Environmental Protection, described as frustrating. “The states would like to know, ‘Where is this going? The worst-case scenario is that the EPA objects to every permit and they become the permitting authority for all coal mining,” Scott said in the report. He went on, ”absent a change of course, that seems to be where this train wreck is going.”

Nuclear

More tritium trouble at VT Yankee. – Adam Sullivan, WCAX, October 9, 2010

More radioactive Tritium has been detected at Vermont Yankee. On Friday Vermont Health officials announced that tritium has been found in a drinking well on the property. However the well has not been used since March. The Environmental Protection Agency says the tritium levels fall within — what it calls — a safe range. But now the candidates for governor are weighing in on what THEY feel this new discovery means for the future of the plant. Republican Candidate for Governor, Lt. Governor Brian Dubie commented Saturday, “The recent developments are troubling. We need to hold Entergy management responsible. We need to ask the tough questions.” Dubie says he wants his questions answered BEFORE he can take a definitive position on the future of the power plant. On the other hand, Decomcrat Peter Shumlin says the new discovery of tritium is another example of why the plant should be shut down. Democratic Candidate for Governor, Sen. Peter Shumlin said, “How many lies, how many leaks, how many contaminated wells is it going to take?” Health officials are now looking into whether ongoing testing at Yankee may have cross- contaminated the well.

BIG TOWER POWER: New ‘twins’ at Somerset’s Brayton Point dominate region’s skyline. – Grant Welker, Herald News, October 9, 2010

The scale of the massive $620 million cooling towers project at the Brayton Point Power Station is best told by the numbers. Two 497-foot-tall towers, a capacity to pump more than an Olympic-size swimming pool worth of water each minute, and the use of enough concrete in both towers to pave a sidewalk 250 miles long — farther than the distance from Boston to New York. The towers are 406 feet across the base — wide enough to fit a football field inside, with plenty of room to spare. They are 70 feet taller than Providence’s tallest skyscraper, and taller than any building in Massachusetts outside Boston. They are also as tall as two Braga Bridges, or nearly five Fall River Government Centers, and can be seen from some spots more than 30 miles away. The project costs more than double the price of the new Brightman Street Bridge, and even more than the I-way project that reconstructed Interstate 195 in Providence. The towers have reached their full height about a year after they started rising, but much more work needs to be done inside and around the towers before the project’s expected completion in May 2012.

Biofuels

More Than 22,000 E-mail President, Opposing New Ethanol Fuel. – The Log, October 6, 2010

In a 10-day period, more than 22,000 Americans e-mailed President Barack Obama, urging him to prevent the Environmental Protection Agency from approving a 50 percent increase in the amount of ethanol in gasoline. In a campaign launched through the website followthescience.org, the e-mails asked that any action on approving a 15-percent ethanol fuel blend be delayed until comprehensive, independent and objective scientific testing could show that higher ethanol levels would not increase air pollution, harm engines or raise consumer safety issues. The e-mail campaign was organized by a diverse group of marine manufacturers, boating groups, environmental organizations and consumer groups that are often at odds on many issues, but are united in their opposition to higher ethanol levels in the nation’s fuel.

EPA expected to increase ethanol levels. – Rick Plumlee, Wichita Eagle, October 8, 2010

After a slumping market for ethanol in recent years, good news apparently is right around the corner for the industry. The potential market for ethanol would increase up to 45 percent with approval of a higher blend level the Environmental Protection Agency is expected to announce in two steps by the end of the year. The EPA has told Growth Energy, an ethanol trade group, that it expects to approve an increase of the blend limit to 15 percent — known as E15 — from the existing 10 percent, Dave Vander Griend said Thursday at the Ethanol Leader’s Summit at the Courtyard Wichita at Old Town. Vander Griend, a Growth Energy board member and president and CEO of Colwich-based ICM, said the EPA will approve E15 for vehicles 2007 and newer next week and for 2001-06 models by the end of the year.

New ethanol-gasoline blend raises questions for retailers. – Dan Piller, Des Moines Register, October 10, 2010

Federal regulators are expected to approve a new blend of ethanol gasoline this month, but motorists may see little difference at the pumps. That’s because approval of the 15% ethanol blend, known as E15, may be limited to 2007 model-year cars or newer. The majority of the nation’s 270 million cars would still be restricted to the current 10% ethanol blend. Retailers would face difficult decisions about buying new dispensers and tanks for E15, especially when they would still need their current E10 pumps. The Environmental Protection Agency has indicated that while it is open to approval of E15 for newer model cars, it has questions about allowing the stronger blend of ethanol in tanks of older vehicles. No such split of the market exists for the 10% blend currently dispensed by almost every gasoline retailer in the U.S. About four of every five gallons of gasoline sold has the 10% ethanol blend. But if E15 is approved on a limited basis, gas stations must decide if they want to invest up to $25,000 for new tank and gasoline dispensing systems to accommodate the new fuel. One who already has made up his mind is Roz Jalali, owner of a Conoco station in West Des Moines, who said: “I’m not going to put in an E15 pump even if they legalize it. It’s too expensive. I’ll just keep selling the 10% blend.”

OTHER ENVIRONMENTAL NEWS

Air

Study strongly links adult diabetes to air pollution. – Wendy Koch, USA Today, October 5, 2010

Adult diabetes is strongly linked to air pollution, even in areas where pollution levels are deemed safe by the U.S. Environmental Protection Agency, finds a new epidemiologic study by researchers at Children’s Hospital Boston. The report, among the first large population-based studies to link diabetes prevalence to air pollution, is consistent with prior laboratory research that found an increase in insulin resistance — a precursor to diabetes — in obese mice exposed to particulates. Researchers used data from the Centers for Disease Control and the U.S. Census to adjust diabetes prevalence for known risk factors, including obesity, exercise, ethnicity and population density. They still found a 1% increase in diabetes rates for every 10 microgram per cubic meter rise in fine particulate matter, such as that found in smoke and car exhaust. “We didn’t have data on individual exposure, so we can’t prove causality, and we can’t know exactly the mechanism of these peoples’ diabetes,” said study co-author John Brownstein. “But pollution came across as a significant predictor in all our models.”

Climate Change

The Environmental Protection Agency’s Lisa Jackson swings back at critics. – Darren Samuelsohn, Politico, October 6, 2010

Lisa Jackson is sticking to her guns. The Environmental Protection Agency finds itself constantly under attack from industry groups and Republicans who say the agency is overreaching on everything from climate change to microscopic soot. And with the failure of the White House and Congress to pass a climate bill, combined with a potential GOP takeover, now could be seen as the right time for the agency’s head to dial back the rhetoric. But at an event last month celebrating the Clean Air Act’s 40th anniversary, Jackson swung hard at industry groups, offending some officials in the room and potentially adding fuel to claims the Obama administration is anti-business. In an interview this week with POLITICO, Jackson showed no indication of backing down. “It’s definitely anti-lobbyist rhetoric,” Jackson said. “It’s definitely meant to reflect the fact that, when I go around the country, people want clean air. They are as passionate about clean air and clean water as any of a number of issues; they want protection for their families and their children.”

Other

Environment Chief Caught in the Campaign Crossfire. – Stephen Power, The Wall Street Journal, October 8, 2010

Environmental Protection Agency Administrator Lisa Jackson isn’t on any ballots this November. But in some parts of the country, she might as well be. Ms. Jackson’s agency is becoming a foil for congressional candidates across the country. In South Dakota, Republican Kristi Noem has called for Ms. Jackson’s resignation, citing the EPA’s inaction on a request from ethanol producers to allow more ethanol in gasoline. In Arkansas, embattled Democratic Sen. Blanche Lincoln is blasting Ms. Jackson’s agency for promulgating “overreaching, burdensome” regulations on pesticides used by farmers. In these states and others, Ms. Jackson’s EPA has become a focal point of the argument about the role of federal regulation in the economy. Environmental and public-health groups that form an important part of the Democratic Party’s constituency say a vigorous EPA is vital when Congress is deadlocked on environmental policy issues such as climate change.

SETTLEMENTS

City settles with EPA over PCB disposal. – Associated Press, September 19, 2010

The Environmental Protection Agency has reached a $2,900 settlement with the city of Ketchikan to resolve violations of improper disposal of PCB waste two years ago. The federal agency says workers from Ketchikan Public Utilities in August 2007 removed about five gallons of oil containing PCBs from a transformer and improperly incinerated the liquid. An EPA pesticides and toxics program manager in Seattle said disposing of PCB waste improperly can be harmful to human health and the environment. The agency said PCBs were once widely used as a nonflammable coolant for transformers and other electrical equipment. In 1976, Congress enacted a law that authorized EPA to strictly regulate their use, manufacture, cleanup and disposal. The agency says PCBs have been demonstrated to cause cancer and other health problems.

DECISIONS

Sackett v. U.S. Environmental Protection Agency. – Ninth Circuit Court of Appeals, September 17, 2010

We determine whether federal courts have subject-matter jurisdiction to conduct review of administrative compliance orders issued by the Environmental Protection Agency pursuant to the Clean Water Act, 33 U.S.C. § 1319(a)(3), before the EPA has filed a lawsuit in federal court to enforce the compliance order. We join our sister circuits and hold that the Clean Water Act precludes pre-enforcement judicial review of administrative compliance orders, and that such preclusion does not violate due process.

U.S. EPA conducts surprise inspections targeting SoCal, NoCal, metal finishers. – EPA Press Release, September 23, 2010

The U.S. Environmental Protection Agency is pursuing enforcement against California metal finishing companies for violations of federal hazardous waste laws. The violations were discovered during inspections conducted in Los Angeles, Rosemead, Sun Valley, Compton, Van Nuys, South El Monte and Santa Clara during the current fiscal year. As a result of these enforcement actions, all nine companies returned to compliance with federal law and paid fines ranging from $2,000 to $48,500. One company also agreed to attend Compliance School in which employees are trained in appropriate on-site hazardous waste management techniques. “Hazardous wastes pose a danger to residents and can cause serious environmental damage,” said Jeff Scott, director of the EPA’s Waste Management Division for the Pacific Southwest region. “EPA is committed to aggressive enforcement of federal law to protect communities and workers from the potential impacts of improperly managed hazardous waste.”

Rosemead, South El Monte companies fined for hazardous waste violations. – Rebecca Kimitch, Whittier Daily News, September 24, 2010

Two metal finishing companies. in South El Monte and Rosemead, were fined by the U.S. Environmental Protection Agency for illegally handling hazardous waste, the agency announced this week. Hermetic Seal Corporation, 4232 Temple City Blvd. in Rosemead, was fined $28,000. Vaga Industries, at 2505 Loma Ave. in South El Monte, was fined $35,000. The companies were caught in an EPA crackdown on plating companies that violate hazardous waste laws. Nine metal finishing companies were caught over the past fiscal year. Violations were also discovered at companies in Los Angeles, Sun Valley, Compton, Van Nuys and Santa Clara. Improperly handled hazardous waste can lead to spills and, subsequently, exposure to employees and nearby residents and serious environmental damage, according to the EPA. The type of potential damage varies depending on the waste, explained hazardous waste enforcement officer John Schofield, who conducted some of the local investigations. Metal finishers, like those in the crackdown, generate various hazardous wastes, including: solutions containing metals or cyanides, acids and sludges containing heavy metals such as lead, flammable liquids, and alkaline and acidic corrosive liquids.

EPA Takes Penalty Action against Manheim Farm for Unpermitted Waste Discharges. – EPA Press Release, September 21, 2010

The U.S. Environmental Protection Agency today announced that it has issued an Administrative Penalty Order in the amount of $6,000 to Melvin and Moses Petersheim of Manheim Pa. for illegally discharging pollutants from their Manheim farm to a nearby stream without a required Clean Water Act permit. On April 1, EPA inspected the farm of Melvin Petersheim, who owns farmland on which he operates an egg-laying operation with approximately 36,000 hens. His brother Moses has a dairy operation with about 80 dairy cows on the same property. The inspection determined the Petersheims did not have a permit, but were discharging pollutants, including nitrogen and phosphorus from animal manure and milkhouse washwater into a tributary of Chickies Creek, a tributary of the Susquehanna River. On June 1, EPA ordered the Petersheims to cease discharging pollutants to the waters, or obtain the required permits, and comply with the permits by implementing the required pollution reduction measures.

Polidori Corp. cited for damages to Panguitch Lake (Utah). – EPA Press Release, September 21, 2010

The U.S. Environmental Protection Agency has issued a compliance order to the Polidori Corporation, Inc. (PCI) and Poli-Gold, LLC (Poli-Gold) for alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah. EPA alleges that PCI and Poli-Gold discharged dredged or fill material to the lake and adjacent wetlands during the construction of a marina and RV park. PCI’s and Poli-Gold’s actions were conducted without a required Clean Water Act permit from the U.S. Army Corps of Engineers. “Unauthorized construction at the Panguitch Lake Adventure Resort degraded more than seven acres of the lake and nearby wetlands,” said Mike Gaydosh, EPA’s enforcement director in Denver. “Those taking actions that impact surface waters and wetlands must secure appropriate permits to protect water resources and the functions they provide.” EPA alleges that PCI and Poli-Gold, or persons acting on their behalf, discharged dredged or fill material to approximately 7.5 acres of Panguitch Lake and adjacent wetlands during the construction of a marina and RV park in 2007 and 2008. The unauthorized work included construction of a coffer dam in the lake, dredging and filling a large portion of an existing marina, and placement of large rocks along the perimeter of the new marina. Additional activities associated with the development of an RV park included construction of a rock wall, the discharge of large amounts of earthen fill, and placement of large rocks along a portion of the lake’s southern shoreline.

Landowners ordered to restore wetlands in Ocean Shores, Washington. – EPA Press Release, September 23, 2010

Ralph Burgess and John Kilcup have been ordered by the Environmental Protection Agency to remove fill material and restore damaged wetlands on their property in Ocean Shores, Washington. EPA alleges that Burgess and Kilcup violated the Clean Water Act in 2007 when they placed fill material into nearly an acre of dune wetlands at their condominium development site without the required permit from the U.S. Army Corps of Engineers. Contractors for Burgess and Kilcup placed fiberboard plywood and sand over wetland vegetation prior to constructing two driveways at the site. Wetlands need protection in part because they are essential for water quality, groundwater recharge, and aquatic life, according to Michael Szerlog, EPA’s Aquatic Resources Unit Manager in Seattle. “Landowners who plan to work in wetlands must obtain the proper permits before they begin,” said EPA’s Szerlog. “Coastal wetlands are fragile ecosystems and unpermitted construction can be very damaging to them.”

LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

Texas Files Legal Action To Block Imposition Of EPA Regulations That Threaten Texas Jobs. – Texas Attorney General Press Release, September 16, 2010

The State of Texas today filed four motions to prevent the Environmental Protection Agency (EPA) from implementing new federal regulations that threaten the Texas economy and jeopardize Texas jobs. Specifically, Texas petitioned the U.S. Court of Appeals for the D.C. Circuit to stay the EPA’s greenhouse gas Endangerment Finding, the Light-Duty Vehicle Rule, the Prevention of Significant Deterioration (PSD) Interpretive Rule, and the Tailoring Rule. Court documents filed by the State explain that the EPA’s Endangerment Finding is legally unsupported because the agency outsourced its legally mandated “scientific assessment” to the Intergovernmental Panel on Climate Change (IPCC), which had the objectivity, reliability and propriety of its scientific assessments called into question after a scandal erupted late last year. The State explained that the IPCC – and therefore the EPA – relied on flawed science to conclude that greenhouse emissions endanger public health and welfare. Because the Administration predicated its Endangerment Finding on the IPCC’s questionable reports, the State is seeking to prevent the EPA’s new Rules – and the economic harm that will result from those regulations – from being imposed on Texas employers, workers and enforcement agencies.

Texas Files Four More Suits Against EPA. – Stan Powers, The Austinist, September 17, 2010

The ongoing  battle between the state government and the Environmental Protection Agency (“EPA”) continued yesterday when Texas Attorney General Greg Abbott filed four new motions against the EPA. The suit, filed in the D.C. Circuit Court of Appeals, petitions the court to stay the EPA’s greenhouse gas Endangerment Finding, the Light-Duty Vehicle Rule, the Prevention of Significant Deterioration (PSD) Interpretive Rule, and the Tailoring Rule (see the Texas Tribune’s post for a breakdown of each rule). In late July, the Attorney General had sued the agency in the 5th Circuit Court of Appeals federal court to preserve the Texas Commission on Environmental Quality’s (“TCEQ”) flexible permit system. The system, popular with industry emitters, had been around since the early 90′s, before the EPA ruled it violated the Federal Clean Air Act. Similar to that previous motion, the basis for the current salvo was the preservation of Texas’s economy and its 10th Amendment rights (a favorite of Governor Perry, as well). From the press release: “[T]oday’s court filings challenge the EPA’s attempts to ignore federal law, impose their federally mandated deadlines and force Texas to spend millions of dollars advancing the Administration’s regulatory agenda.” An EPA response is most certainly expected — as are more suits from the state of Texas.

Mining association sues US EPA, Army Corps over permit guidance. – Amena Saiyid, Platt’s Energy, September 20, 2010

The National Mining Association asked a federal district court Friday to block the authority of the US Environmental Protection Agency and Army Corps of Engineers to deny Clean Water Act permits for Appalachian coal mining operations on some water quality grounds. In a motion filed with the US District Court for the District of Columbia, NMA, which represents the nation’s coal mining interests in Washington, said the injunctive relief was sought for two sets of regulatory guidance that the two agencies issued in June 2009 and then in April of this year. NMA said the two sets of guidance set new water quality standards for conductivity, thereby circumventing the normal rulemaking process in violation of the Administrative Procedures Act. Although still in draft form, the April 1 guidance designed to improve EPA’s review of Appalachian surface mining operations under the Clean Water Act, National Environmental Policy Act and the Environmental Justice Executive Order, went into effect upon release. This draft guidance is aimed at the practice of mountaintop mining operations and called upon permit writers in the agency’s regional offices to deny pollutant discharge permits under Section 402 of the Clean Water Act if they find that mining activity will cause conductivity levels, or the concentration of salts in water, in headwater streams to exceed 500 microsiemens/centimeter.

Ship Serial Polluter Ordered to Pay $4 Million for Covering up the Deliberate Discharge of Oil and Plastics. – Department of Justice Press Release, September 21, 2010

U.S. District Judge J. Frederick Motz sentenced Irika Shipping S.A., a ship management corporation registered in Panama and doing business in Greece, today to pay a $4 million penalty, which includes a $3 million criminal fine and $1 million in organizational community service payments that will fund various marine environmental projects. Judge Motz also sentenced Irika to serve the maximum of five years probation, subject to following a compliance program that includes audits by an independent firm and oversight by a court appointed monitor. Judge Motz further ordered today that four crew members that notified authorities about illegal discharges of oil and plastic from the M/V Iorana, a Greek flagged cargo ship, should be awarded $125,000 each under the Act to Prevent Pollution from Ships which provides that whistleblowers may receive an award of up to one-half of fines collected under that statute. Irika Shipping pleaded guilty on July 8, 2010, as part of a multi-district plea agreement arising out of charges brought in the District of Maryland, Western District of Washington and Eastern District of Louisiana, including felony violations of the Act to Prevent Pollution from Ships, related to port calls in Baltimore; Tacoma, Wash.; and New Orleans by the M/V Iorana, and obstruction of justice charges based upon false statements to the Coast Guard, destruction of evidence and other acts of concealment.

EPA head to explain Everglades cleanup delays. – Associated Press, September 22, 2010

The top boss of a federal environmental agency will have to show up in a Miami federal courtroom to explain delays to clean up the Everglades. Five months ago, U.S. District Judge Alan Gold ordered environmental officials to show up in court. The Miami Herald reports that the judge reaffirmed his order on Tuesday, rejecting a request from the U.S. Environmental Protection Agency to provide a substitute. The EPA argued that someone else oversaw the cleanup efforts, not Administrator Lisa Jackson who was too busy to make the Oct. 7 hearing. The judge said the EPA had not “demonstrated any showing of a matter of national importance, issue, or great significance to preclude” Jackson’s attendance. An EPA spokeswoman says they’re working with the Department of Justice to respond to the order.

Iowa City joins federal lawsuit against EPA. – Alicia Kramme, The Daily Iowan, September 23, 2010

Local officials cited objections to both the new Environmental Protection Agency regulations and the way the agency enacted them as reasons for supporting the Iowa League of Cities’ federal lawsuit against the agency. The Iowa City City Council approved a resolution to provide $25,000 for the lawsuit, which will help pay for court costs, this week. The lawsuit is based on the EPA’s alleged failure to follow its administrative procedures and allow for public review and comment on something that Rick Fosse, the Iowa City Public Works director, said affects “virtually every wastewater plant out there.” Councilor Susan Mims said that while she doesn’t agree with the EPA’s changes in wastewater regulations, the lawsuit is specifically dealing with the way the EPA passed the new regulations. “We disagree with the EPA putting procedures in without following due process,” she said. Representatives from the EPA could not be reached. As of Tuesday, Iowa City was among seven cities in the state that have backed the lawsuit since the case was filed in the 8th Circuit Court of Appeals on July 23.

EPA agents serve three warrants in Dothan Thursday. – Lance Griffin, The Dothan Eagle, September 23, 2010

Federal agents served search warrants at two wastewater treatment plants in Dothan as well as the city’s Information Technology department on Thursday as part of an unspecified investigation, the Environmental Protection Agency confirmed Thursday. The agents arrived at the Little Choctawhatchee Wastewater Treatment Plant off Murphy Mill Road and at the Beaver Creek Wastewater Treatment Plant off Flowers Chapel Road around 8 a.m. Federal agents were posted at each gate and recorded identification information from those coming in and out of the facilities. EPA spokesman James Pinkney declined to say much about what the agents were seeking at the plant and city officials haven’t been told much either, but did confirm the warrants had been served. According to a news release issued by the City of Dothan, city officials have not been offered an explanation, but the assumption is that the search warrant is related to the ongoing investigation and negotiations over violations at the Beaver Creek Wastewater Treatment Plant.

EPA Issues Notices to Five Mid-Atlantic States to Cut Pollution. – Alexander Stewart, TopNews United States, September 25, 2010′

On Friday, the U. S. Environmental Protection  Agency (EPA) warned that it will take legal action against five mid-Atlantic states, because these states have not been able to meet the deadlines to cut pollution. The EPA told Virginia, Pennsylvania, West Virginia, Delaware, and New York that their plans to decrease the pollution are not very efficient and described their plans to have ‘serious deficiencies’. The EPA mentioned that some states are way behind the 2025 deadline to cut pollution, and threatened that those states failing to meet the deadline will face higher property taxes or new rules for farms. According to the Washington Post, to clean up the Chesapeake Bay, the Federal and State Governments have spent over $5 billion. Several fish, crabs, and oysters live in the bay and the pollution has put their lives in great danger. Over 70% of the pollution that has caused ‘dead zones’ in the bay has been because of these five states, which have been unsuccessful to cut the pollution. The bay is contaminated with pollutants such as nitrogen and phosphorus that has come from the sewerage, fertilizer, and manure. The bay is also full of unnatural algae blooms and using up oxygen that is actually for other inhabitants.

REGULATORY ACTIONS

Air

EPA emissions rules could hinder ethanol. – Philip Brasher, Des Moines Register, September 19, 2010

Biofuels producers don’t like to think of themselves as a cause of global warming, but that’s how they could be regulated under the Obama administration’s regulations on greenhouse gases. The regulations, due to take effect in January, would count as greenhouse gases the carbon dioxide that’s released when corn is fermented into motor fuel or when corn stalks, straw and other sources of biomass are burned to make electricity. That means a paperwork and financial burden for most of the state’s 39 ethanol plants. The regulations won’t require polluters to reduce greenhouse gas emissions but could in the future. The ethanol industry is appealing to the Environmental Protection Agency to reconsider how it counts biofuel emissions. A typical Iowa ethanol plant would release about 300,000 tons of greenhouse gases a year – if the emissions from fermentation are included – three times the 100,000-ton level that triggers the agency regulations, according to the Iowa Department of Natural Resources. The DNR estimate includes greenhouse gas emissions from the coal or natural gas used to run the plant.

Farmers fear dust rules won’t reflect rural life. – Rick Callahan, Associated Press, September 20, 2010

As they begin the fall harvest, wary farmers are watching a federal debate over whether to clamp down on one of rural life’s constant companions — the dust clouds that farm machinery kick up in fields and along unpaved roads. Farming groups have urged the U.S. Environmental Protection Agency to retain its current standards for dust, soot and other microscopic particles, arguing that tighter restrictions would be unworkable and that dust isn’t a real pollutant. Grain farmer Charles Schmitt, who farms about 2,000 acres of corn and soybeans near the southwestern Indiana town of Haubstadt, called the possibility of tougher rules on dust “ridiculous.” The 59-year-old, who’s farmed for more than four decades, said there’s little farmers can do to reduce dust, especially after a dry summer like this year’s that left his fields parched. “Mother Nature has more to do with it than we do — there’s going to be dust and dirt no matter what,” Schmitt said.

EPA Announces Voluntary Program for Flexible Permit Holders. – EPA Press Release, September 20, 2010

Today, the U.S. Environmental Protection Agency (EPA) announced its voluntary Audit Program to help companies with Flexible Permits obtain air quality permits that meet state and federal requirements and the protections of the Clean Air Act (CAA). The TCEQ’s Flexible Permits program was never approved by EPA into the state implementation plan (SIP). “Our main objective is to get each and every permit holder a federally approved permit issued by the TCEQ,” said Regional Administrator Al Armendariz. “The program benefits companies by providing liability protection, and benefits communities by identifying clear enforceable pollution limits and developing projects to mitigate past environmental impacts. It’s a real win-win.” The Audit Program will offer a covenant from civil enforcement by the federal government, for instances where companies with Flexible Permits operated outside of federal requirements provided that companies agree to and complete the proposed audit program. In addition, companies who enter the audit will no longer be subject to EPA’s use of Title V tools for permits issued that do not contain all CAA requirements.

EPA offers Texas firms an out from permit fight. – Randy Lee Loftis, Dallas Morning News, September 20, 2010

While talks grind on between Texas and the Environmental Protection Agency about changing the state’s federally disapproved air permits system, the EPA is about to offer Texas businesses that have the disputed permits a way out. The EPA’s regional office in Dallas said Monday that it is rolling out a voluntary audit program that will let industrial plants with state-issued flexible permits keep operating while federal and state officials seek a permanent solution. Under the EPA program, a business with a flexible permit can voluntarily sign up to have a third-party auditor review past operations, modifications and permitting activities. The findings would serve as the basis for a legal agreement with the EPA. The EPA would agree not to launch civil enforcement for Clean Air Act violations discovered in the audit, provided the company completed the audit process. Terms of the agreement would eventually become enforceable limits in a future state-issued permit, once the EPA and the state have worked out a deal on a new permit system.

Almost 300 come out for EPA coal ash hearing in Charlotte. – John Marks, Lake Wylie Pilot, September 20, 2010

Almost 300 people gave their opinions last week as the Environmental Protection Agency heard arguments for and against stricter regulation of coal ash, a byproduct of coal-burning power plants. As a part of its evaluation of the material, the EPA set up public meetings like the one Sept. 14 in Charlotte throughout the country to take public comment on whether coal ash should remain classified as a non-hazardous waste or instead be considered hazardous. Coal ash, according to the EPA, contains contaminants like mercury, cadmium and arsenic associated with cancer and various other serious health effects. Yet coal ash, also according to the EPA, has many beneficial, industrial uses. The material can be used in cement, concrete, grout, road base, snow and ice traction control, roofing granules, wallboard, agriculture and more. “From the Duke Energy perspective, it’s not whether to regulate, but how to regulate,” said Erin Culbert, spokeswoman for the company that operates three coal stations on or just north of Lake Wylie with ash ponds.

EPA to Contribute $6 Million to Life-Saving International Project for Clean Cookstoves / Indoor smoke from cooking fires leads to about 2 million deaths each year. – EPA Press Release, September 21, 2010

Today, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson joined Secretary of State Hillary Rodham Clinton and a number of partners to announce the Global Alliance for Clean Cookstoves at the Clinton Global Initiative in New York. The public-private alliance addresses one of the greatest threats facing developing countries and their populations — extraordinarily high exposures to toxic smoke from indoor fires and inefficient cookstoves that lead to nearly 2 million deaths each year, primarily in young children and women. The U.S. government pledged $53.32 million over the next five years to support the initiative, with EPA contributing $6 million. “EPA is proud to partner with the State Department, our administration colleagues, the United Nations Foundation, and the other alliance partners to address one of the greatest environmental health risks facing the international community today. As a first step in this new partnership, EPA will invest $6 million over the next five years to enhance efforts at stove testing and evaluation, cookstove design innovation and assessments of health benefits,” said EPA Administrator Lisa P. Jackson. “For more than eight years, EPA has been a leader in this field, and we will bring our expertise, our lessons learned and our global network to launching and leading the Global Alliance for Clean Cookstoves.”

GVEA is OK with a delay on the Healy coal plant. – Christopher Eshleman, Daily News Miner, September 23, 2010

The Golden Valley Electric Association said delaying the state-led effort to permit the Healy Clean Coal plant represents a sign regulators will ultimately approve a restart. Tuesday’s announced delay will essentially restart the Environmental Protection Agency’s project review later this fall. A previous review by the state Department of Environmental Conservation cleared Golden Valley’s plan for the idle plan. Brian Newton, Golden Valley’s president, said the issue is complex and it’s understandable if federal agencies want more time. “We were satisfied with ADEC’s (review),” Newton said in a release Tuesday. “The draft was thorough, and it presented a balanced approach that met everyone’s needs.” The state’s decision Tuesday to pull its recommendations for the plant came at the end of a 45-day review by the EPA. After that review, federal regulators would have decided whether a more rigorous review would have been required, given the plant’s decade-long hibernation. Opponents of Golden Valley’s restart effort would also have had the chance to file petitions.

Nelson, Farm Bureau say EPA actions endanger state’s ag industry. – The Grand Island Independent, September 25, 2010

Both U.S. Sen. Ben Nelson, D-Neb., and Nebraska Farm Bureau have recently expressed concern over a series of actions and proposals by the U.S. Environmental Protection Agency concerning agriculture. Nelson recently brought up his concerns at a Senate hearing with EPA Administrator Lisa Jackson. Nebraska Farm Bureau is asking the state’s congressional delegation to work with their colleagues to halt EPA’s “non-stop regulatory assault on the state’s farmers and ranchers and their counterparts nationwide.” In addressing Jackson, Nelson said he agreed with a number of Nebraska producers who have told him that agriculture’s perspective is not being considered in EPA’s decision making, especially “EPA overreaching with proposed regulations for carbon emissions, atrazine, dust standards, applying clean water rules on pesticide use and greenhouse gas reporting for livestock operations.” “Many in the agricultural community are rightly concerned about EPA’s actions because the agency’s rules typically are implemented in a top-down fashion with too little consideration for their impact,” Nelson said. “These rules often are costly and time-consuming for Nebraska farmers and ranchers. In contrast, the U.S. Department of Agriculture works more cooperatively when it implements new rules.”

Water

EPA grants water discharge permit for Ariz. mine. - Associated Press, September 17, 2010

The U.S. Environmental Protection Agency says it has reissued a water discharge permit for a coal mining operation in northern Arizona. The EPA had withdrawn the permit late last year after an appeal by environmentalists, who contended the discharge of heavy metals and pollutants threatens water resources for nearby tribal communities. The EPA held additional public hearings on the Navajo and Hopi reservations. The EPA says the permit for Peabody Energy’s Black Mesa mine complex was signed Thursday and allows for the continued discharge of treated storm water generated from the mining area. The mining complex sits on nearly 65,000 acres that Peabody leases from the Navajo and Hopi tribes and has been in operation since the 1970s.

EPA approves new standards for N.D.’s Sheyenne River. – Associated Press, September 17, 2010

The U.S. Environmental Protection Agency has approved changes to North Dakota’s water quality standards for the upper Sheyenne River. Dave Glatt of the state Department of Health says the changes were part of a normal review of the standards and included a new sulfate limit for river. From the river’s headwaters to just downstream of Baldhill Dam, the sulfate standard will now be 750 milligrams per liter, up from 450 milligrams. A release from North Dakota’s congressional delegation says the changes on the Sheyenne will increase operation of the west end outlet at Devils Lake and help efforts to reduce the water level.

New water well hooked up in Bally; Residents no longer need bottled water. - EPA Press Release, September 23, 2010

The U. S. Environmental Protection Agency announced today that a new drinking water well has been hooked up to the Bally Borough public water system, and that residents no longer have to rely on bottled drinking water. A contractor has been supplying about 1,000 residents with bottled water since 2003 because the Bally water system was contaminated with an industrial solvent, 1,4-dioxane, that EPA believes came from the Bally Groundwater Superfund Site. EPA considers 1,4-dioxane to be a probable human carcinogen. The groundwater contamination is attributed to past operations at the former Bally Engineered Structures (BES) manufacturing plant that operated in Bally from the 1930s to 1995. To alleviate the contamination problem, officials completely disconnected the contaminated well from the water system, and hooked up a new well located in an uncontaminated area about one mile away. The new well is now connected, and officials flushed the entire water system to remove any contaminated water that may have been left from the old well.

Other Articles on the Same Topic:

EPA says Bally residents can drink their water. - Eileen Faust, The Mercury, September 23, 2010

In a letter sent out Tuesday, the federal Environmental Protection Agency announced that a fourth municipal well was issued a permit for use on Aug. 19 and it was brought online on Aug. 21. The borough’s entire water system was tested on Sept. 3 and found that it no longer contains the contaminant that shut down the borough’s water supply in 1982. “The new well is in an uncontaminated location, and will continue to be monitored moving forward,” the EPA said. “Bottled drinking water is no longer needed and the tap water can be used as drinking water at this time.” Sunbeam Products Inc., which is called the potentially responsible party by the EPA, has been trucking in bottled water and water dispenser to residents of the borough. This action will cease next Tuesday, according to the EPA. It will pick up the bottled water dispensers in the near future.

Watershed groups discuss water quality concerns. -  Ben Adduchio, West Virginia Public Broadcasting, September 23, 2010

Representatives of watershed groups in northern West Virginia and southwestern Pennsylvania met Wednesday to discuss concerns about water quality. The meeting was the second in a little more than a month for the watershed groups. Representatives of the Department of Environmental Protection and the Environmental Protection Agency also attended. The focus was on the process of natural gas drilling, and what concerns watershed groups are hearing from the areas they represent. Barry Pallay is the Vice President of the Upper Monongahela River Association, which organized the two meetings. He says concerns include water withdrawals. “We have experienced drought conditions, in fact what we’re hearing is withdrawals continue in a lot of streams,” he said.

Port, Federal Agencies Celebrate Start of Major South San Diego Bay Restoration Project. – Marguerite Elicone, Unified Port of San Diego, September 23, 2010

The Port of San Diego has officially started its largest environmental project that, when completed, will result in improved fish and wildlife habitat in more than 280 acres in South San Diego Bay. Representatives from the Port and its partner agencies, including the Environmental Protection Agency, the U.S. Fish & Wildlife Service, the National Oceanic and Atmospheric Administration and the California Coastal Conservancy, formally launched the restoration at a ceremony held Thursday, Sept. 23, 2010, at the Chula Vista Wildlife Reserve on the San Diego Bay waterfront.

EPA Issues Draft Chesapeake Bay ‘Pollution Diet — Draft TMDL Contains Strong Federal Measures to Fill in Gaps in State Pollution Reduction Plans. – EPA Press Release, September 24, 2010

The U.S. Environmental Protection Agency today released a draft Chesapeake Bay Total Maximum Daily Load (TMDL), a mandatory “pollution diet” designed to restore the Chesapeake Bay and its vast network of streams, creeks and rivers. The Bay is a complex ecosystem and an economic engine for the region, supporting a variety of industries from fishing to tourism. The draft TMDL — which EPA is legally required to produce – sets limits on the amount of nitrogen, phosphorus and sediment pollution discharged into the Bay and each of its tributaries by different types of pollution sources. It is designed to meet water quality standards that reflect a scientific assessment of the pollution reductions necessary to restore the health of the Bay ecosystem. The draft TMDL calls for 25 percent reductions in nitrogen and phosphorus and at least a 16 percent reduction in sediment to achieve a healthy Bay and local rivers. These reductions, which the science indicates are necessary to achieve a healthy watershed, would be achieved by a combination of federal and state actions.

Other Articles on the Same Topic:

EPA puts bay states on notice. – David A. Fahrenthold, The Washington Post, September 25, 2010

Federal officials began a sweeping crackdown on pollution in the Chesapeake Bay on Friday – threatening to punish five mid-Atlantic states with rules that could raise sewer bills and put new conditions on construction. The move by the Environmental Protection Agency is part of the biggest shakeup in the 27-year history of the Chesapeake cleanup. Earlier, when states failed to meet deadlines to cut pollution by 2000 and 2010, nothing happened. Now, the deadline has been moved to 2025 – but the EPA is already threatening states that lag behind. On Friday, the agency went after Virginia, Pennsylvania, West Virginia, Delaware and New York, which together account for more than 70 percent of the pollution that causes “dead zones” in the bay. The agency told the states their plans contained “serious deficiencies” and said it could force them to make up the difference with expensive new measures.

EPA still reviewing W.Va. mountaintop mine permit. – Associated Press, Septemeber 24, 2010

The Environmental Protection Agency says a decision on the fate of West Virginia’s largest mountaintop removal mine won’t be coming for a while. The EPA’s Region 3 administrator was to send a recommendation about Arch Coal Inc.’s Spruce No. 1 mine to headquarters in Washington, D.C., Friday, but an agency spokeswoman won’t say what it is. She says it’s part of the internal review process. The next stop is the Office of Water. A final ruling will come sometime this fall. EPA received more than 50,000 comments on its plan to veto a Clean Water Act permit that’s crucial to the Logan County project. EPA contends the nearly 2,300-acre mine would cause irreversible damage to the environment. The mine was permitted in 2007 but has been delayed by lawsuits.

Waste

South’s institutional investors silent on coal ash risks. – Sue Sturgis, Facing South, September 17, 2010

As the Environmental Protection Agency considers how best to regulate the disposal of toxic coal ash, a group of institutional investors representing over $240 billion in assets has sent a letter urging the agency to adopt strict rules to protect not only the environment and public health but also shareholders. However, investors in the South — a region that’s both heavily dependent on coal power and disproportionately impacted by poorly regulated coal ash disposal — have proven reluctant to speak out. “Unfortunately, none of the investors that signed onto the letter are from the South,” reports Emily Stone, a shareholder advocate with Green Century Capital Management, an investment advisory firm that organized the letter along with As You Sow, a group that promotes socially responsible investing. “Most are from the Midwest, Northeast and West Coast.”

City to seek grant for redevelopment of Whirlpool site. – Rick Norton, Cleveland Daily Banner, September 18, 2010

A federal program operated by the Environmental Protection Agency, known as “Brownfields and Land Revitalization,” could become an integral first step in what is considered by some to be one of the largest redevelopment strategies in Cleveland history. For the past couple of weeks the community buzz has been deafening over the announcement by Whirlpool Corporation that it will construct a new $120 million manufacturing plant just a short seven miles from the existing factory — parts of which have stood for almost a century, and one building’s history is even longer. The new 1.4 million-square-foot facility, to be energy-efficient and LEEDS-certified, will include the plant and an accompanying distribution center. It will be located on a 120-acre site near the corner of Benton Pike and Michigan Avenue Road.

EPA, D.C., Maryland Set Trash Limits for Anacostia Watershed. – EPA Press Release, September 20, 2010

The U.S. Environmental Protection Agency, the District of Columbia, and the state of Maryland today announced a new Total Maximum Daily Load (TMDL) or “pollution diet” for trash in the Anacostia River, making the Anacostia the first interstate river in the nation with such a Clean Water Act trash limit. “Trash not only creates a nuisance and an eyesore, but also interferes with the people’s uses and enjoyment of their local river,” said EPA Regional Administrator Shawn M. Garvin. “This pollution diet is another critical milestone in the restoration of the Anacostia River and will aid in making the Anacostia a cleaner, safer watershed for all to enjoy. “ The federal Clean Water Act directs states to develop “pollution diets” for impaired water bodies, such as the Anacostia River. A TMDL establishes the amount of a pollutant – in this case trash – that a water body can receive without exceeding water quality standards. TMDLs provide the scientific basis for establishing water quality-based controls, reducing pollution from both point and nonpoint sources and restoring water quality.

Climate Change

End of EPA program stings Monadnock Paper. – Kathleen Callahan, New Hampshire Business Review, September 22, 2010

The U.S. Environmental Protection Agency’s recent announcement that it is shutting down its Climate Leaders Program is bad news for one New Hampshire company, Monadnock Paper Mills Inc. in Bennington. Monadnock was the only New Hampshire company taking part in the program, which has helped organizations nationwide reduce their greenhouse gas emissions since 2002. Monadnock – the oldest continually operating paper mill in the country – submitted its greenhouse gas inventory to the EPA just two weeks before receiving the news on Sept. 16 that the program was ending. “EPA has determined that climate programs operated by the states and NGOs are now robust enough to service our Partners and other entities that wish to continue to advance their climate leadership,” read the e-mail sent from EPA announcing the shutdown. “It’s just another one of those cases that is extremely disheartening,” said Michelle Hamm, manager of environmental services at Monadnock, which generates up to half of its energy from its hydroelectric facility on the Contoocook River.

Other

Vilsack says US EPA may decide by mid-October on E15 waiver: report. – Beth Evans, Platt’s Energy, September 17, 2010

The US Environmental Protection Agency is expected to decide by mid-October on whether to allow higher ethanol-gasoline blends in conventional cars, Agriculture Secretary Tom Vilsack said Friday.      “I fully expect the Environmental Protection Agency sometime, probably in early to mid-October, to make a decision about the direction of E15,” Vilsack told reporters in Washington, according to Reuters.  “I expect that they will see that E15 is appropriate fuel for some vehicles. I don’t know if they will necessarily say it is appropriate for all vehicles, but for some vehicles, which will help us expand the market,”  Vilsack said. The Department of Agriculture, which Vilsack heads, had no further comment.

Blending less than 80 percent bio fuel makes petroleum dirtier. – Jon Anderson, Examiner, September 19, 2010

WillieDiesel, the Willie Nelson bio-diesel, is a scam as is all bio-fuel not meeting scientific purity standards when mixed with any petroleum product. Any thing less than what the United States Environmental Protection Agency and Department of Energy call “Neat” bio-fuel which is 80% or more of Ethanol or Soy (Methanol is a carcinogen that poisons public and private groundwater drinking supplies and banned in the late 1990’s) makes the petroleum dirtier. Ethanol raises the Reid Vapor Pressure (RVP), the volatility and evaporation rate of gasoline in a fuel tank, by a whopping 1.0 gram per mile according to the EPA emissions Modeling and Assessment Division (MAD) in the Office of Transportation and Air Quality (OTAQ). This has been known in air quality regulation circles for several decades and is scientific fact. Governor Mel Carnehan (deceased) Governor D-MO in 1993 could not believe it when I told him Missouri’s 10% ethanol gasoline blend caused most of the Missouri’s air pollution problems. But the politics of Midwestern Corn Growers is immense.

Administration vows to advance ‘environmental justice’. – Melanie Eversley, USA Today, September 22, 2010

The Obama administration has revived the intent of a Clinton-era executive order that directed federal agencies to make “environmental justice” part of their missions. Lisa Jackson, administrator of the Environmental Protection Agency, and Nancy Sutley, chairwoman of the White House council on Environmental Quality, led a meeting Wednesday morning with four Cabinet secretaries and representatives from other federal agencies during which the group outlined a plan for hearing from the public. Attorney General Eric Holder, Transportation Secretary Ray LaHood, Housing Secretary Shaun Donovan and Interior Secretary Ken Salazar were there, along with representatives from other departments.  “A good portion of the meeting was really just reporting out on all the environmental justice initiatives and results,” Jackson said in a telephone interview. “Now, it’s time to take it to the next level,” she said, adding the group also will focus on green jobs and technology, and providing green space in poor areas.

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EPA Kicks Up the Environmental Justice Fight. – Cynthia Gordy, Essence, September 23, 2010

In January of 2009, on her first day on duty, Environmental Protection Agency Administrator Lisa P. Jackson (second from left) granted her first interview to ESSENCE. During our conversation in her then bare-bones office, Jackson, the first African-American to lead the agency, listed a few of her goals: Set regulations based on science, and protecting people instead of corporations; Reach out to everyday people, to help them see how the EPA touches their lives; Elevate the issue of environmental justice within the agency. Jackson has since accomplished all of these, most notably shining a light on environmental challenges facing poor communities of color. She’s filled her staff with diverse officials who represent the Black and Hispanic communities hardest hit by pollution, including the agency’s first Senior Advisor for Environmental Justice. She has partnered with the Congressional Black Caucus to launch an environmental justice tour, meeting with impoverished communities in Mississippi, South Carolina and Georgia, to address toxic waste disposal, air pollution and poor water quality. She’s also awarded grants to environmental justice groups around the country.

ENERGY

Natural Gas

Report: Chemicals found in NE Pennsylvania water wells. – Sarah Hoye, CNN, September 17, 2010

Water testing by a private environmental engineering firm has discovered toxic chemicals in wells in a township in Susquehanna County, Pennsylvania. Victoria Switzer, a resident of the northeastern Pennsylvania township of Dimock, revealed the results of the water tests from her well this week at an Environmental Protection Agency hearing on hydraulic fracturing in Binghamton, New York. Hydraulic fracturing, or “fracking,” is a controversial process used to extract natural gas from deep underground. Critics say chemicals used in the process can be injected into groundwater. How fracking works Farnham & Associates confirmed that ethylene glycol, propylene glycol and toluene were present in her water, Switzer said. “I’m fighting for my home,” Switzer said Thursday. “Hasn’t this proven that [fracking] hasn’t been done safely?”

Wind Power

State Narrows Down Possible Sites for Offshore Wind Farm. – Offshore Wind, September 26, 2010

State officials say they’ve narrowed the geographical area where a proposed 200-turbine wind farm could be built off the Maryland coastline and are moving quickly through the federal government’s lengthy permit process. State and federal planners have narrowed down viable areas where turbines could be built in the Atlantic Ocean. They also want to comply with Ocean City’s request that all turbines be located at least 10 miles off the resort’s coastline. There is no offshore wind active in North America, though several projects along the East Coast and Great Lakes are moving forward, including one east of Rehoboth Beach that would power 130,000 homes. “Offshore wind is not a demonstration project, it’s not a research project — it works,” said Dave Blazer, with developer Bluewater Wind. “Europe has been doing this since 1991. Our technology that Bluewater is copying to bring to the U.S. is what they’re doing. We’re not trying to reinvent the wheel.” Bluewater’s proposal would build 200 turbines along the coast at a cost of $1.6 billion. Each 26-story-tall turbine would generate 3 megawatts of power. Nighttime lighting is mandated by the Federal Aviation Administration, though Blazer said not necessarily every turbine would be lit.

Other

EPA Launches Green Power Community Challenge Nationwide/Local governments expand use of green power. – EPA Press Release, September 20, 2010

The U.S. Environmental Protection Agency is kicking off its national “Green Power Community Challenge,” a year-long campaign to encourage cities, towns, villages, and Native American tribes to use renewable energy and fight climate change. Purchases of green power help to prevent greenhouse gas emissions and also help accelerate the development of new renewable energy capacity across the United States. To participate in the challenge, a local government must join EPA’s Green Power Partnership and use green power in amounts that meet the program’s purchase requirements. The local government must also conduct a campaign to encourage local businesses and residents to collectively buy or produce green power on-site in amounts that meet EPA requirements. More than 30 cities and towns in Alaska, California, Colorado, Connecticut, Maryland, Oregon, Pennsylvania, Texas, Utah, Washington, and Wisconsin have become green power communities, and are collectively buying more than 900 million kilowatt-hours (kWh) of green power annually, equivalent to the carbon dioxide emissions (CO2) from the electricity use of nearly 80,000 average American homes.

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EPA’s Green Power Partnership: Helping Cities Fight Climate Change by Supporting Renewable Energy. – Alison Dennis, National League of Cities, September 27, 2010

For many municipalities, electricity usage is the primary source of their greenhouse gas emissions. To dramatically reduce these emissions and fight climate change, a growing number of cities are switching to green power. Since 2001, the Environmental Protection Agency’s (EPA) Green Power Partnership has been working with U.S. cities and towns to help them make this change. Partnering With EPA. The Green Power Partnership is a voluntary program designed to promote and recognize the use of green power by leading U.S. organizations and communities. Green power is electricity generated from eligible renewable energy sources, such as solar photovoltaics, wind, biomass and low-impact hydropower. EPA works with organizations to help them procure green power by offering expert advice, technical support, tools and resources. Today, nearly 1,300 organizations are Green Power Partners, including more than 100 local government partners. These local government partners are collectively using 2.1 billion kilowatt-hours of green power — more than 10 percent of the partnership’s total.

OTHER ENVIRONMENTAL NEWS

Waste

Ohio Auto Recyclers Remove Mercury from Scrap Vehicles. – Ronnie Tanner, Geo Blog, September 18, 2010

Automobile recyclers all over the state of Ohio are taking part in a joint venture with the United States Environmental Protection Agency to recover up to 90 percent of the mercury switches contained in automobiles by the year 2017. This program is known as the National Vehicle Mercury Switch Recovery Program, NVMSRP for short. On August 11, 2006 the Environmental Protection Agency announced it would launch the program that is designed to recover an estimated 40 million mercury containing light switches from scrap vehicles that are melted down to make new steel. The program is an effort to reduce the amount of mercury released from furnaces that routinely handle steel from salvage vehicles. At that time, these furnaces ranked fourth in leading the country in mercury emissions. Mercury emitted from the stacks of these furnaces quickly finds its way into groundwater, streams, lakes and air where it enters the food chain mainly through fish, which are then consumed by humans. Exposure to mercury can cause effects, which develop gradually. It may cause shaking of the hands, eyelids, lips, tongue, or jaw. It may cause headaches, trouble sleeping, personality change, memory loss, irritability, indecisiveness and loss of intelligence. It can also cause skin rash, sores in the mouth, or sore and swollen gums. Small children and pregnant women are a particular risk to the effects of mercury poisoning.

Other

Keep Your Fingers Off Toxic Cash Register Receipts. – Lanning Taliaferro, Tarrytown-Sleepy Hollow NY Patch, September 18, 2010

New scientific studies have found the toxic component BPA on cash-register receipts—something consumers receive and workers handle many times a week. Now the Environmental Protection Agency has launched an initiative to find safer alternatives to endocrine-disrupting bisphenol-A in the thermal paper used in registers. The EPA plans to involve not only manufacturers and distributors of cash-register receipt paper, but also retailers, academics and non-profit organizations in its assessment of the danger and search for alternatives.  Representatives from Staples, Target and Whole Foods are among the retailers already signed up. A spokesman for Mrs. Green’s Natural Markets, which is headquartered in Scarsdale, said the company is also planning to look into the issue. The stores, including locations in Larchmont, Katonah, Mount Kisco, Eastchester, Suffern and Yorktown, have not received any questions from worried customers, he said.

What the GAO found was that almost all the airports it surveyed had taken some actions to address their environmental impacts, at least in four areas that they believed were relevant to airports: reducing noise levels, controlling water pollution, reducing emissions, and using environmentally sustainable practices. These included voluntary actions, such as asking pilots and controllers to use aircraft operational procedures that lower noise levels, as well as actions required by federal and state laws, such as in the areas of controlling water and air pollution.

Larger airports, which can have more environmental impacts because of such issues as deicing pads, co-generation facilities, traffic to and from the terminals, were more likely than other surveyed airports to take a wider range of actions, such as soundproofing homes or installing loading bridges that supply aircraft with electric power to lower engine usage and emissions (“supplied power”). Finally, GAO found that airports were moving toward a more holistic approach to environmental management, including following environmentally sustainable standards and implementing an Environmental Management System.

Surprisingly, the GAO found that less than half of the surveyed airports believed that addressing environmental issues somewhat or greatly delayed a development project (35 percent) or operational change (42 percent) at their airport over the last 5 years, even though the vast majority had undertaken a capital development project or operational change during this time period. Both the reported delay and the extent and significance of delay were determined by the responding airport. Likewise, less than half similarly believe that addressing environmental issues will cause delays in the next 5 years.  Addressing water issues and noise issues was the most commonly cited environmental issue that led to delay in implementing development projects and operational changes, respectively.

The GAO reported that a number of airports have adopted strategies to systematically address environmental impacts and community concerns, which can help both mitigate environmental impacts and anticipate and reduce problems with communities and other stakeholders that can lead to delays. Airports told the GAO that they are integrating environmental considerations into their planning process, including 7 of the 10 airports GAO visited. Some airports are also finding success in streamlining the federal environmental review process and in integrating their environmental management processes with the federal environmental review process. Finally, effective community outreach that solicits stakeholder input, fosters interactive communication with local communities, and evaluates its outreach efforts can help airports better anticipate and deal with community opposition.