All 50 States Take Action on Clean Energy

October 18, 2010

 

“This report shows that every state and territory is working to advance clean energy in some way,” said John Thomasian, director of the NGA Center. “Most states are developing clean energy not only as an environmental strategy but also as an economic development strategy—to reduce state energy costs and even create jobs in some instances.”

According to the report, since 2008:

  • Forty-nine states adopted or updated policies relating to clean electricity;
  • Forty-seven states took action to expand their energy efficiency measures; and
  • Thirty-nine states developed policies and made investments to advance green economic development, largely as part of state economic recovery strategies. Efforts to advance the green economic sector within each state also emerged as a new theme across the country.

The report examines clean energy activities by all 50 states, as well as the Territories and Commonwealths. The activities span seven categories including: energy efficiency; clean electricity; alternative fuels, and vehicles; Lead by Example initiatives (greening state government facilities and operations); greenhouse gas (GHG) emissions; clean energy research, development, and demonstration (RD&D); and a new category, green economic development, which covers initiatives in the clean energy sector. Clean energy sources covered in the report include all those defined by a state.

 

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Agreement Achieved to Reduce Climate Pollution from Aircraft

Governments at the International Civil Aviation Organization—the international body that oversees civil aviation—have agreed to reduce GHG emissions from aircraft. This is the first time governments have reached an agreement on actions to reduce emission from a specific economic sector. The deal stands in stark contrast to the failure of the International Maritime Organization (IMO)—a similar group that oversees international shipping—to reach agreement on limiting GHG pollution from large commercial ships recently.

Although the agreement is noteworthy, the details are disappointing. Governments and industry agreed to cap GHG emissions from international aviation at 2020 levels, and to improve fuel efficiency by 2% annually to 2050. Given likely advances in bio fuels, satellite-based navigation, and aircraft design, a cap at 2020 emissions levels essentially locks in business as usual and allows another decade of increasing emissions. The participating governments will also aim to set a global CO2 standard for aircraft engines in 2013.

The aviation agreement affirms the European Union’s inclusion of aviation emissions into their Emissions Trading Scheme and paves the way for similar action from other nations.

This will make it more difficult for U.S. airlines to argue for an exemption to the European regulations, which go into force in 2012. A group of U.S. airlines filed suit in a British court in December objecting to the European rules. Earthjustice has intervened in support of the right of nations to take independent action to reduce GHG emissions when the international community has failed to act. The case has since been transferred to the European Court of Justice.

The international aviation agreement also bolsters claims brought by Earthjustice in U.S. federal court on behalf of a coalition of U.S. environmental groups. That suit challenges EPA’s unreasonable delay in exercising its authority to regulate climate pollution from ships and aircraft under the Clean Air Act (CAA).

“Europe is showing admirable leadership by bringing aviation into its comprehensive plan to reduce greenhouse gas emissions,” said Earthjustice attorney Sarah Burt. “This reinforces our belief that strong domestic action can spur progress on the international front. It is now time for the U.S. to step up to the plate and support them with similar action.”

Electrified Nano Filter Promises to Cut Costs for Clean Drinking Water

With almost one billion people lacking access to clean, safe drinking water, scientists are reporting development and successful initial tests of an inexpensive new filtering technology that kills up to 98% of disease-causing bacteria in water in seconds without clogging. 

Yi Cui and colleagues explain that most water purifiers work by trapping bacteria in tiny pores of filter material. Pushing water through those filters requires electric pumps and consumes a lot of energy. In addition, the filters can get clogged and must be changed periodically. The new material, in contrast, has relatively huge pores, which allow water to flow through easily. And it kills bacteria outright, rather than just trapping them.

The scientists knew that contact with silver and electricity can destroy bacteria, and decided to combine both approaches. They spread sub-microscopic silver nanowires onto cotton, and then added a coating of carbon nanotubes, which give the filter extra electrical conductivity. Tests of the material on E. coli-tainted water showed that the silver/electrified cotton killed up to 98% of the bacteria. The filter material never clogged, and the water flowed through it very quickly without any need for a pump. “Such technology could dramatically lower the cost of a wide array of filtration technologies for water as well as food, air, and pharmaceuticals where the need to frequently replace filters is a large cost and difficult challenge,” their report states.

Battling the Force that Wastes 1 Out of Every 10 Gallons of Gasoline in Cars

Engine friction—the force that wastes almost 1.4 million barrels of oil per day in cars and trucks in the United States alone—could become less of a problem for fuel-conscious consumers thanks to promising new oils and other materials that scientists are developing.

C&EN Senior Business Editor Melody Voith notes that friction, the heat produced when objects rub together, wastes fuel in engines and other machinery and causes their parts to wear and eventually break down. One in every 10 gallons of gasoline in the average car goes to overcoming friction in the engine—about 1.4 million barrels of oil wasted per day or almost $31 billion worth of fuel (at $60 per barrel) lost every year. But the article describes how high-tech lubricants and additives now in development could vastly reduce the effect of friction and improve energy efficiency in everything from car engines to power-generating wind turbines. That could improve the fuel economy of cars by 3-5%, according to one estimate.

Scientists are also trying to reduce wear on engine and machine parts, one of the consequences of increased friction, by designing tougher materials that can better withstand extreme heat and other harsh conditions. One promising approach is the use of nanoparticles—super-strong particles just 1/50,000th the width of a human hair—to coat engine parts and make them more slippery.

Washington Invites Comments on Air Permit Changes

Washington’s Department of Ecology (Ecology) is accepting comments on proposed changes to the state’s rule for permits for sources of air pollution, including GHGs.

Chapter 173-401 of the Washington Administrative Code (WAC) requires air operating permits for large facilities that emit pollutants regulated under the federal CAA. Examples of these regulated pollutants include particulate matter, sulfur dioxide, and nitrogen dioxide. An air operating permit contains all the emitter’s requirements for limiting air pollution emissions.

Ecology’s proposed changes will align the state rule with new requirements issued by the EPA. 

Right now, EPA requires permits for air pollution sources that emit more than 100 or 250 tons of air pollution per year. (The amount of pollution requiring a permit depends on what type of pollution is emitted.) Beginning in January 2011, EPA will regulate GHG emissions for the first time.

Emissions of GHGs from all activities, including industrial facilities, are much higher than emissions of other air pollutants. If the permit thresholds for other air pollutants (100 or 250 tons) were used for GHGs, the number of facilities needing permits would be overwhelming.

Instead, EPA set levels that exempt smaller sources of GHGs. Examples include farms, restaurants, and schools. This is called the “tailoring rule,” since it “tailors” permitting programs to limit the number of facilities that must get permits.

Sources must get new permits if they emit, or have the potential to emit, 100,000 tons or more of GHGs each year. A few emitters that haven’t previously needed permits will have to get an air operating permit because of their GHG emissions. However, Ecology expects that changing state rules to match the EPA “tailoring rule” will keep most small businesses from needing permits.

Power plants, refineries, wood product industries, and other large industrial plants still need permits for emissions of GHGs.

The comment period is open and continues through November 17, 2010. Ecology will hold a public hearing at 6:30 p.m. Wednesday, November 10, at the agency’s headquarters at 300 Desmond Drive SE, in Lacey. 

New Jersey Relaxes New Privatized Clean-up Rules

This removes enforceable timetables that were the main promised benefit from ceding control of clean-ups to corporate consultants, according to Public Employees for Environmental Responsibility (PEER).

In addition, DEP wants to soften standards for addressing vapor intrusion, a major problem in New Jersey on thousands of toxic sites that have merely been capped rather than thoroughly cleaned.

“This is regulatory bait and switch where public health is what gets ripped off,” stated New Jersey PEER Director Bill Wolfe, pointing out that legislation authorizing privately overseen clean-ups was premised on the promise that they would be much faster than state supervised operations. “DEP caved before they even applied the new rules.”

Besides setting aside the specific deadlines for each phase of the clean-up process and penalties for failing to meet these schedules, DEP is also proposing to weaken the standard for addressing vapor intrusion from sites that supposedly had been remediated; abandon requirements that the corporate consultant “complete the delineation of the immediate environmental concern contaminant source” within two years; and relieve consultants from liability for factors that arise after their initial reports, creating an incentive not to discover troublesome facts until late in the process.

According to DEP postings, the rationale for these rollbacks is to provide a “safety cushion” to responsible parties and their contractors due to the fact that “Stakeholders expressed concern” about strict requirements in the original regulations.

“The only stakeholders that DEP consulted were the polluters and their contractors. Blighted communities and homeowners are not complaining that clean-ups may be moving too fast—just the opposite,” added Wolfe, a former DEP analyst. “Why is DEP pulling away the ‘safety cushion’ on vapor intrusion? DEP is now only concerned about toxic fumes seeping into basements when it sends people to the hospital and not when people are being slowly poisoned.”

Jury Finds Certified Environmental Services and Employees Guilty of CAA and Fraud Violations

A federal jury in Utica, New York, 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 CAA violations, commit mail fraud, and defraud the United States. The defendants were also convicted of substantive CAA 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 Apex 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.

“Because of the dishonest and illegal practices of this company, many people were left unaware for years of their possible exposure to asbestos,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Companies and employees will be fully investigated and prosecuted when they put the public’s health at risk by violating environmental laws.”

“Falsifying asbestos reports and air quality data is a serious crime and undermines our nation’s efforts to protect human health and the environment,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Exposure to asbestos can be fatal, and the conviction by a jury shows that the American people will not tolerate illegal activity that puts the public at risk of cancer or other serious respiratory diseases.”

The conspiracy and substantive CAA and false statements counts of the indictment each carry a maximum term of incarceration of five years and a fine of $250,000. The mail fraud counts each carry a maximum term of incarceration of 20 years. CES faces a possible maximum fine of $7.5 million, and restitution to all victims. Nicole Copeland faces a maximum possible sentence of 110 years in jail and a fine of $3,000,000. Elisa Dunn faces a maximum possible sentence 40 years in jail and a fine of $1,250,000. Sandy Allen faces a maximum possible sentence 50 years in jail and a fine of $1,000,000. Sentencing has been set for February 25, 2011 at 10 a.m. in Utica, New York, before the Honorable David N. Hurd.

This conviction is the latest in a series of asbestos removal cases that EPA and the Justice Department have brought to trial. For example, in June 2010, the owners of Kodiak Construction Service were sentenced to a combined total of more than 13 years in prison after being found guilty of numerous asbestos related violations. Another example is the four year sentence and requirement to provide restitution to victims of more than $850,000 for the operator of J & W Construction Inc., convicted of violating the CAA through illegal asbestos removal and disposal activities.

EPA has determined that there is no safe level of exposure to asbestos.

U.S. Investigating China’s Policies Affecting Trade and Investment in Green Technologies

On October 15, U.S. Trade Representative Ron Kirk announced that the United States has initiated an investigation under Section 301 of the 1974 Trade Act with respect to acts, policies, and practices of the Government of China affecting trade and investment in green technologies. The investigation has been initiated in response to a petition filed by the United Steelworkers (USW) on September 9, 2010.

The petition alleges that China employs a wide range of World Trade Organization’s (WTO) inconsistent policies that protect and unfairly support its domestic producers of wind and solar energy products, advanced batteries, and energy-efficient vehicles, among other products, as China seeks to become the dominant global supplier of these products. According to the petition, these policies include export restraints, prohibited subsidies, discrimination against foreign companies and imported goods, technology transfer requirements, and domestic subsidies causing serious prejudice to U.S. interests. The petition further alleges that China’s policies have caused the annual U.S. trade deficit in green-technology goods with China to increase substantially since China joined the WTO, making China the top contributor to the U.S. global trade deficit in the sector.

“The USW has raised issues covering a wide array of Chinese government policies affecting trade and investment in green technologies. This is a vitally important sector for the United States. Green technology will be an engine for the jobs of the future, and this Administration is committed to ensuring a level playing field for American workers, businesses and green technology entrepreneurs,” said Ambassador Kirk.

“We take the USW’s claims very seriously, and we are vigorously investigating them. In light of the large number of allegations and the extensive documentation accompanying them, I have asked my staff to utilize the 90-day period allowed by statute to thoroughly examine and verify the USW’s claims. For those allegations that are supported by sufficient evidence and that can effectively be addressed through WTO dispute settlement, we will vigorously pursue the enforcement of our rights through WTO litigation.”

House Speaker Nancy Pelosi said, “Today, the Obama Administration, at the urging of Members of Congress, is standing up for U.S. manufacturers and workers against unfair trade policies pursued by the Chinese government. According to the information submitted by the U.S. Steelworkers, the Chinese government is employing a host of trade practices that violate World Trade Organization rules and that ship American jobs overseas.”

“While both China and the U.S. must continue to work toward a clean energy future, it is long past due for the Chinese government to play by the rules. I look forward to working with the Obama Administration to ensure a more level playing field for U.S. businesses and workers, create jobs here at home, and make the products of the future here in the United States.”

The investigation will consider whether acts, policies, and practices of the Chinese government deny U.S. rights or benefits under the GATT 1994, under the Subsidies and Countervailing Measures Agreement (SCM Agreement), and under China’s Protocol of Accession to the WTO.

Under the Section 301 statute, the U.S. Trade Representative may request consultations with the foreign country concerned at the time an investigation is initiated. The statute also provides, however, that the U.S. Trade Representative, after consulting with the petitioner, may delay for up to 90 days any request for consultations for the purpose of verifying or improving the petition.

In light of the number and diversity of the acts, policies, and practices covered by the petition, and after consulting with the petitioner, the U.S. Trade Representative has decided to delay for up to 90 days the request for consultations with the Government of China for the purpose of verifying and improving the petition. During this period, the U.S. Trade Representative will seek information and advice from the petitioner and advisory committees. The U.S. Trade Representative will take account of this information and advice, as well as public comments submitted in response to a Federal Register notice, in improving and verifying the petition.

Because the issues covered in the China-Green Technology investigation involve U.S. rights under the WTO Agreement, any consultation request will be made under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and unless consultations result in a mutually acceptable resolution, the U.S. Trade Representative will request the establishment of a WTO panel under the DSU.

Conn-Selmer of Nogales to Pay $150,000 Penalty to Resolve Hazardous Waste Violations

The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office announced that Conn-Selmer Inc., has agreed to pay a $150,000 penalty under a consent judgment for hazardous waste violations at its Santa Cruz County groundwater remediation system, located in Nogales, Arizona.

In addition to the penalty, Conn-Selmer will begin an environmental management system onsite and will perform two environmental audits at its facility, located at 1310 W. Fairway Drive. The facility went into operation in 1998 to remove volatile organic compounds (VOCs), primarily trichloroethylene (TCE) and 1,1,1 trichlorethane (1,1,1-TCA), from the groundwater of the site that it once operated as a musical instrument manufacturing plant. TCE and 1,1,1-TCA are both industrial solvents.

ADEQ issued a Notice of Violation to Conn-Selmer in November 2006 for oversight deficiencies including lack of proper signs, a contingency plan that listed an ex-employee as emergency coordinator and no emergency response equipment except outdated fire extinguishers, no daily inspections of its hazardous waste equalization tank, no written log of inspections and no full-time environmental manager on site.

“Environmental stewardship is always good business because it saves money over the long run and reduces risk to public health. In this case, the company had significant oversight issues but it did step forward to fix the waste violations and invest in long term compliance and that’s good news for the environment and economy of Arizona,” ADEQ Director Benjamin H. Grumbles said.

“Any company handling industrial solvents needs to rigorously comply with state standards to protect the health of our citizens and our environment,” Attorney General Terry Goddard said.

Conn-Selmer manufactured clarinets and trombones and assembled saxophones from 1966 through 2003 and its industrial and sanitary waste water was treated onsite and moved to unlined storage impoundments on its property. Contaminants from the impoundments leached from the soil into the groundwater and the impoundments were closed in 1985 before cleanup operations began.

Department of Justice Sues 12 Companies and Municipalities for PCB Contamination

 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. . 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.

The lawsuit will proceed against 11 other non-settling defendants, including: NCR Corporation; Appleton Papers Inc.; CBC Coating Inc., formerly known as Riverside Paper Corp.; City of Appleton; Kimberly-Clark Corp.; Menasha Corp.; Neenah-Menasha Sewerage Commission; NewPage Wisconsin Systems Inc.; P.H. Glatfelter Co.; U.S. Paper Mills Corp.; and WTM I Co., formerly known as Wisconsin Tissue Mills Inc.

A large amount of cleanup and natural resource restoration work has already been done in the area under a set of partial settlements and an EPA administrative order. The parties performing the ongoing cleanup work under that order have protested, and they have not agreed to take full responsibility for completing the cleanup or paying all damages for injuries to natural resources, according to the Justice Department.

The complaint by the United States seeks a court order requiring the responsible parties to continue funding and performing the PCB cleanup without delay. It also seeks monetary damages for decades of PCB-related injuries to fish and birds and for lost recreational opportunities. By law, any damages recovered will be used to restore or replace the injured natural resources or acquire equivalent resources.

The defendants in the government’s lawsuit include paper companies that contaminated sediment in the Fox River and Green Bay when they made and recycled a particular type of PCB-containing “carbonless” copy paper. NCR Corporation and its affiliates produced that paper with PCBs from the mid-1950s until 1971. The suit also names two municipal sewer system operators that discharged relatively large amounts of PCBs to the Fox River. In 2009, the United States and Wisconsin reached pre-litigation settlements with several other local sewer system operators and a number of companies that made relatively minor contributions to the PCB contamination at the site.

The remedy will remove much of the PCB-containing sediment from the Fox River by dredging. In other portions of the river, contaminated sediment will be contained in place with specially-engineered caps. The dredging and capping will reduce PCB exposure and greatly diminish downstream migration of PCBs to Green Bay. More than $300 million in cleanup work has already been done at the site. The remaining dredging and capping work could cost an estimated $550 million more.

According to that assessment, the additional cost of required natural resource restoration work may approach another $400 million.

Seattle Establishes Opt-out System for Phone Books

Residents and businesses tired of getting two or three—or more—unwanted yellow pages phone books will soon have an efficient, effective way to stop those deliveries following an October 11, 8-1 City Council vote.

 

The new law creates an Opt-Out Registry that Seattle residents and businesses can access on the Web, by phone, or by mail and requires yellow pages publishers to pay the costs of operating the registry, for which the City expects to hire a contractor. 

“Seattleites are constantly looking for ways to reduce their impact on the environment, and the Council has heard from an overwhelming number of people who don’t want phone books,” said Councilmember Mike O’Brien, who chairs the committee and is the prime sponsor of the legislation. “Creating a one-stop shop managed by a third party will help reduce clutter, increase residential security, and, save Seattle Public Utilities customers, the people of Seattle, money. This is a win-win for Seattle.”

Based on information supplied by some of the yellow pages publishers, Seattle Public Utilities estimates nearly 2 million yellow pages phone books are dropped off in Seattle every year, costing approximately $350,000 to recycle.

Through the ordinance, the Council established a fee of $0.14 per book, likely declining to $0.07 per book after five years, to pay for the registry. Based on the principle of product stewardship where producers are responsible for recycling their products at end-of life, the legislation also imposed a cost recovery fee on yellow pages publishers, requiring them to reimburse the city for the cost of collecting and recycling discarded phone books, currently $148 per ton.

“This ordinance has national significance as the first phone book opt-out requirement in the country,” said Scott Cassel, Executive Director of the Product Stewardship Institute (PSI). “PSI is using Seattle’s legislation, along with other legislative examples from around the country, to create a model bill for states and municipalities that are ready to follow Seattle’s lead.”

“We will use technology and common sense to give the public the ability to pick and choose which yellow page publications they want to receive and those they do not, all in one spot. This will not only make opting-out easier, it will also reduce our recycling costs,” said Councilmember Bruce Harrell.

 

“This new law will reduce the number of unwanted phone books left on people’s door steps and small non-profit organizations will be able to continue to distribute guides and directories to their membership or others who wish to receive them,” said Councilmember Tom Rasmussen.

The registry is expected to be ready for use no later than July 1, 2011 and publishers will begin reimbursing the City’s Solid Waste Fund for all 2011 deliveries.

League of Conservation Voters Names Proposition 23 to the 2010 Dirty Dozen

For the first time, LCV named a ballot measure to its trademark Dirty Dozen program based on its attempted threat to California’s landmark air pollution standards and leading clean energy industry. LCV and its sister organization, LCV Education Fund, have contributed $1.2 million so far to defeat this dirty energy measure. Since 1996, more than 60% of the Dirty Dozen have been defeated.

The organization claims that Proposition 23 would let these Texas oil companies and other polluters off the hook—drastically increasing air pollution and public health risks.

The LCV says that Proposition 23 would kill clean technology jobs, innovation, and billions of dollars of investment in California. Since 2005, California clean energy jobs have grown ten times faster than the statewide average, with 500,000 employees currently working in the state’s leading clean energy industries. California’s clean technology sector received $9 billion cumulative venture capital investment from 2005–2009, including $2.1 billion in 2009 alone.

EPA to Allow More Ethanol in Gasoline

The waiver applies to fuel that contains up to 15% 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% ethanol (E10) has been used for all conventional cars and light trucks, and non-road vehicles.

Additionally, several steps are being taken to help consumers easily identify the correct fuel for their vehicles and equipment. First, EPA is proposing E15 pump labeling requirements, including a requirement that the fuel industry specify the ethanol content of gasoline sold to retailers. There would also be a quarterly survey of retail stations to help ensure their gas pumps are properly labeled.

The Energy Independence and Security Act of 2007 mandated an increase in the overall volume of renewable fuels into the marketplace reaching a 36 billion gallon total in 2022. Ethanol is considered a renewable fuel because it is produced from plant products or wastes and not from fossil fuels. Ethanol is blended with gasoline for use in most areas across the country.

The E15 petition was submitted to EPA by Growth Energy and 54 ethanol manufacturers in March 2009. In April 2009, EPA sought public comment on the petition and received about 78,000 comments.

The petition was submitted under a CAA provision that allows EPA to waive the act’s prohibition against the sale of a significantly altered fuel if the petitioner shows that the new fuel will not cause or contribute to the failure of the engine parts that ensure compliance with the act’s emissions limits.

Pesticide Importer/Manufacturer Faces Fines for Reporting Violations

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 EPA, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act ().

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 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 September 2005 to October 2008 and seeks a penalty of up to $6,500 for each violation.

Importers of pesticide products must provide data to EPA regarding pesticides or devices that may be entering the U.S. prior to their import.

The Notice of Arrival forms provide important information to EPA regarding pesticides and pesticide devices entering the country including, for example, the major active ingredients, quantities, countries of origin, identity of producing establishments, carriers, ports of entry, and contact information.

Progress Report on Work of Climate Change Adaptation Task Force

The report, produced by the Interagency Climate Change Adaptation Task Force, recommends that the Federal Government implement actions to expand and strengthen the Nation’s capacity to better understand, prepare for, and respond to climate change. The recommendations include making adaptation a standard part of agency planning and ensuring scientific information about the impacts of climate change is easily accessible.

The Interagency Climate Change Adaptation Task Force is co-chaired by the Council on Environmental Quality (CEQ), the Office of Science and Technology Policy (OSTP), and the National Oceanic and Atmospheric Administration (NOAA) and includes representatives from more than 20 Federal Agencies. When the President signed the Executive Order on Federal Leadership in Environmental, Energy, and Economic Performance, on October 5, 2009, he called on the Task Force to develop, within one year, Federal recommendations for adapting to climate change impacts. “Progress Report of the Interagency Climate Change Adaptation Task Force,” provides those recommendations, based in part on numerous listening sessions and public outreach events with a wide range of stakeholders.

“Taking action to reduce greenhouse gas emissions and avoid the effects of climate change is a priority, and we must also prepare for the inevitable effects of climate change. Adaptation requires thoughtful, preventative actions and investments to build resilience and reduce risk,” said Nancy Sutley, Chair of the White House Council on Environmental Quality. “The Federal Government must consider climate impacts in decision making and how it will affect our services, operations and assets throughout the country.”

“This report’s framework for climate adaptation moves science into practice to help the Nation cope with the impacts of climate change,” said Shere Abbott, Associate Director for Environment in the White House Office of Science and Technology Policy. “It makes plain that adaptation, and not just mitigation, is absolutely necessary if we are to avoid the worst consequences of global climate change, and it outlines a course of action that will put that part of our Nation’s response on track to succeed.”

“There is a growing and urgent need for society to develop and implement science-based strategies to adapt to climate change,” said Dr. Jane Lubchenco, Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator. “Adaptation and resilience will require partnerships and action across all segments of society—the public sector, local to Federal government, the private sector, the nonprofit sector and individuals. In addition, climate change impacts vary from region to region, so new approaches and preparations tailored to meet the needs and solutions for each region must also be part of our strategy.”

The Federal Government is already taking steps to build adaptive capacity and increase resilience to climate change in the United States and internationally. In the Progress Report, the Task Force recommends that the Federal Government implement the following actions to expand and strengthen these efforts to help the Nation better understand and prepare for climate change:

  • Make adaptation a standard part of Agency planning to ensure that resources are invested wisely and services and operations remain effective in a changing climate.
  • Ensure scientific information about the impacts of climate change is easily accessible so public and private sector decision-makers can build adaptive capacity into their plans and activities.
  • Align Federal efforts to respond to climate impacts that cut across jurisdictions and missions, such as those that threaten water resources, public health, oceans and coasts, and communities.
  • Develop a U.S. strategy to support international adaptation that leverages resources across the Federal Government to help developing countries reduce their vulnerability to climate change through programs that are consistent with the core principles and objectives of the President’s new Global Development Policy.
  • Build strong partnerships to support local, state, and tribal decision makers in improving management of places and infrastructure most likely to be affected by climate change.

The Task Force will establish, by the Spring of 2011, a partnership committee composed of local, state, and Tribal representatives to consult with the Federal Government as it begins to implement the recommended actions. The Office of the Federal Environmental Executive, with the advice of the Task Force’s Agency Adaptation workgroup, will develop implementing instructions within 120 days for how agencies should undertake adaptation planning. Through this planning process, agencies will develop and implement strategic plans that identify how and where adaptation should be incorporated into their programs, policies, and regulations.

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Trivia Question of the Week

Approximately how many people live on earth today and how many are expected in 2050?
a. 3 billion and 7 to 9 billion
b. 5 billion and 10 to 12 billion
c. 7 billion and 9 to 11 billion
d. 6 billion and 24 to 30 billion