Changes to Regulations for Hazardous Material Air Shipments Effective January 1

The 2007 Edition of the IATA Dangerous Goods Regulations was recently published by the International Air Transport Association. The following is a summary of the major changes to the IATA DGR, which become effective on January 1, listed by section:

• 1.2.3 – Conditions are specified under which dangerous goods may be brought onto a flight by a passenger as a non-regulated material (e.g., for medical aid).
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• 2.3 – Limits for amounts of dry ice allowed in checked and passenger baggage are specified.
• 2.4 – Specifies requirements for Category B infectious substances and exempt patient specimens in airmail.
• 2.9.2 – State variations for Canada, Germany, Netherlands, Switzerland, United Kingdom and the United States have changed.
• 2.9.4 – Numerous operator variations have changed.
• 3 – The closed-cup flash point for flammable liquids has been changed to 60C.
• 3 – The oral and dermal LD50 and inhalation LC50 values for toxic substances have been changed.
• 4.2 – Many entries in the List of Dangerous Goods have been revised (e.g., the shipping names “diagnostic specimens” and “clinical specimens” have been deleted).
• 4.4 –Special provisions have been added, including one for dry ice.
• 5 – Packing instructions 202, 203/Y203, 214, 313, 602 and 904 have been updated.
• 6 – Provisions have been added for design and construction of plastic aerosols and closed cryogenic receptacles, and testing methods and criteria for aerosol containers.
• 7.1.5.1 – Packages of limited quantities may be marked with the UN number within a diamond shape.
• 7.2.2.3 – Minor variations in design of hazard labels are acceptable.
• 7.2.6.2 – If package dimensions are inadequate, hazard labels may be in other than a diamond shape.
• 7.2.7 – Overpacks must be labeled with orientation arrows if they contain liquids in single packagings.
• 7.3 – The designs for symbols on division 2.3, 4.1, and 6.1, and on class 8 and 9 hazard labels, have been revised to align with the design in the UN Model Regulations.
• 7.3.15 – The design for the Division 5.2 organic peroxides label has been revised.
• 8.1.6.9.1 – The alternative sequence of information describing the dangerous goods on shipping papers will no longer be accepted. Beginning in 2007, the only acceptable sequence will begin with the UN number.
• 8.1.6.9.2 – On the shipper’s declaration for dangerous goods, the type of packaging must now be a description, not just the UN packaging code (e.g., “fiberboard box” instead of “4G”).

. A copy of the 2007 IATA DGR together with Environmental Resource Center’s comprehensive handbook on how to comply with the regulations is included with each course.  live or via webcast.

Cracking the Code on the New Federal Uniform Hazardous Waste Manifest

After a look at the new manifest you may be wondering where to start when it comes to codes. What codes do I record? Where? How many? How does this affect the hazardous waste management process? The new federal uniform hazardous waste manifest implemented on September 5, 2006, requires two types of codes:

Waste Codes - Waste codes should look familiar to most of you since they are exactly the same as before the September 5, 2006, change. Waste Codes can be found in item 13 on the new manifest. The obvious difference is that the uniform manifest accommodates six waste codes for each waste, whereas the old Missouri manifest allowed for only two. This does not mean that there will always be multiple descriptions for each waste. The extra space simply allow for a more detailed description of wastes that may be characterized by more than one or two waste codes.

Management Method Codes - Management method codes are filled out by a representative of the designated treatment facility. These codes are found in item 19 of the uniform manifest and describe the types of treatment, disposal, and/or recycling the waste has undergone at the designated facility. These codes provide a specific description of what is happening to your waste. Only one code that best describes the way each waste is managed should be designated. After you receive the copy of your manifest back from the treatment facility, you can determine what specifically happened to your waste. For example, if the treatment facility used the management method code H020, that means your waste solvent was distilled for solvent recovery.

$51,900 Penalty for Failure to Submit Form R

The EPA announced it has settled for a $51,900 penalty with a northern California company for allegedly failing to submit toxic chemical reports to the agency, a violation of the federal Emergency Planning and Community Right-to-Know Act, also known as EPCRA or SARA Title III.

International Rectifier HiRel Products, Inc., located at 2270 Martin Avenue in Santa Clara, Calif., allegedly failed to submit timely reports detailing the amount of lead released at its facility between 2001-2003.

"Facilities that use toxic chemicals such as lead must follow our reporting rules so that area residents and emergency response personnel are informed of possible chemical hazards in the local environment," said Enrique Manzanilla, Communities and Ecosystems division director for the EPA's Pacific Southwest region. "This penalty should remind others that we are maintaining a close watch over chemical reporting practices and are serious about enforcing community right-to-know laws."

EPCRA (SARA Title III) requires facilities processing more than 100 pounds of lead to report releases of this chemical on an annual basis to the EPA and the state. International Rectifier HiRel Products exceeded this threshold in 2001, 2002 and 2003, and allegedly failed to submit release reports to the EPA.

International Rectifier HiRel Products, Inc., processes lead in connection with its power semiconductors, power modules, integrated assemblies and DC-DC converter manufacturing operations. Exposure to lead can cause high blood pressure, digestive problems, muscle and joint pain, nerve disorders, memory and concentration problems, increased chance of illness during pregnancy, and cause harm to a fetus, including brain damage or death. Exposure to low levels of lead can severely harm children.

Each year the EPA compiles the information submitted to it from the previous year regarding toxic chemical releases and produces a national Toxics Release Inventory database for public availability. This database includes detailed information on nearly 650 chemicals used by over 23,000 industrial and federal facilities. 

EPA Proposes Gasoline- and Money-Saving Rules for Gas Distributors

The rule would cover small facilities that store gasoline and load it into trucks for delivery to gas stations nationwide. It would also cover the loading of the storage tanks at gas stations in highly populated areas. The proposed standards will annually reduce 45,000-46,000 tons of volatile organic compounds (VOC) in gasoline vapors. That VOC reduction includes 3,300-3,400 tons of hazardous air pollutants, which includes 120-125 tons of benzene. This represents about a 9-10% reduction of emissions from this source category. The standards would protect public health and save the industry six million dollars a year after they add the required emissions controls. EPA will take comment on the proposal for 60 days after the notice was published in the Federal Register.

Pew Center Releases Guide to Developing Corporate Climate Change Strategies

The report presents an in-depth look at the development and implementation of corporate strategies that take into account climate-related risks and opportunities.

The report, authored by Andrew Hoffman of the University of Michigan, lays out a step-by-step approach for companies to reshape their core business strategies in order to succeed in a future marketplace where greenhouse gases are regulated and carbon-efficiency is in demand. The research shows a growing consensus among corporate leaders that taking action on climate change is a sensible business decision. Many of the companies highlighted in the report are shifting their focus from managing the financial risks of climate change to exploiting new business opportunities for energy efficient and low-carbon products and services.

Relying on six highly detailed, on-site case studies, as well as results from a 100-question survey completed by 31 companies, the report offers a unique and in-depth look at the development and implementation of corporate strategies that address climate change. The featured case studies include Alcoa, Cinergy (now Duke Energy), DuPont, Shell, Swiss Re, and Whirlpool Corporation.

One of the clearest conclusions is that businesses need to engage actively with government in the development of climate policy. Of 31 major corporations polled by the report author, nearly all companies believe that federal greenhouse gas standards are imminent, and 84 percent of these companies believe regulations will take effect before 2015. The report offers policy makers insight into how companies are moving forward on climate change and how they can most effectively engage in the policy discussion.

“If you look at what is happening today at the state level and in the Congress, a proactive approach in the policy arena clearly makes sound business sense” said the Pew Center’s Eileen Claussen. “In the corporate world, inaction is no longer an option.” Lessons learned at each step of the strategy development process are presented and four overarching themes emerge:

• Strategic timing – For some there is a danger of starting too early; others highlight the risks of starting too late.
• Establishing an appropriate level of commitment – For many companies, uncertain demands from government, the marketplace, and the financial community – coupled with limited hard data and models to guide aggressive action – make it challenging to support extensive expenditures on GHG reductions.
• Influence policy development – Any policy that regulates GHG emissions will certainly constitute a major market shift. Early action is seen as a way for companies to gain credibility and leverage participation in the process of policy.
• Creating business opportunities – positioning to capture emerging opportunities and gain competitive advantage

The research draws from the experience of companies in the Pew Center’s Business Environmental Leadership Council (BELC). The BELC, with 42 companies representing over 3 million employees and a combined market value of more than $2.4 trillion, is the largest US-based association of corporations actively pursuing solutions to climate change. Wal-Mart and Goldman Sachs also gave input.

Representatives from Shell, Alcoa, Duke Energy, DuPont, Swiss Re and Whirlpool Corporation spoke about their companies’ corporate strategies to address climate change today at the National Press Club in Washington DC. The members of the BELC are ABB, Air Products, Alcan, Alcoa Inc., American Electric Power, Bank of America, Baxter International Inc., The Boeing Company, BP, California Portland Cement, CH2M HILL, Cummins Inc., Deutsche Telekom, DTE Energy, Duke Energy, DuPont, Entergy, Exelon, GE, Georgia-Pacific, Hewlett-Packard Company, Holcim (US) Inc., IBM, Intel, Interface Inc., John Hancock Financial Services, Lockheed Martin, Marsh Novartis, Ontario Power Generation, PG&E Corporation, Rio Tinto, Rohm and Haas, Royal Dutch/Shell, SC Johnson, Sunoco, Toyota, TransAlta, United Technologies, Weyerhaeuser, Whirlpool Corporation, and Wisconsin Energy Corporation.

EPA and Utilities Launch Initiative to Reduce Ozone Depleting Substances and Greenhouse Gas Emissions

EPA and utility companies (Southern California Edison, Pacific Gas and Electric, PacifiCorp, Nevada Power/Sierra Pacific Power, Snohomish Public Utility District, Fort Collins Utilities, and Sacramento Municipal Utility District) have launched a new voluntary program that promotes environmentally responsible disposal of household refrigerators and freezers. 

"Promoting the responsible use of products that emit greenhouse gases makes business sense and protects the environment," said Bill Wehrum, acting assistant administrator for Air and Radiation. "We have the ability to make a difference by disposing of everyday household appliances properly."

“The utilities being recognized here today are leaders in their industry with the proper disposal of harmful chemicals,” said Wayne Nastri, the administrator of the EPA’s Pacific Southwest Region. “Responsible appliance disposal means that precious energy and natural resources are saved and human health is protected because toxic substances such as PCBs and mercury are contained.”

Roughly 13 million refrigerators and freezers are disposed of each year in the U.S., and about 15%-20% (~23 million) of U.S. households have a secondary unit stored in their basements or garages. These are often older, less efficient models that may consume three to four times more energy than newer units. Several utility sponsored programs encourage the removal of inefficient refrigerators and freezers, typically by offering appliance owners a financial incentive for the collection of their old units, and/or by providing rebates toward the purchase of new ENERGY STAR® qualified units. Because of reduced energy demand, these appliance rebate programs are considered to be highly cost-effective.

Refrigerators and freezers manufactured before 1995 contain chlorofluorocarbons (CFCs) which are potent ozone-depleting substances. The RAD program is designed to encourage the retirement and proper disposal of these older units while ensuring that CFCs both in the insulation foam within the cabinet walls, and in the refrigerant, are captured and destroyed or recycled. Because CFCs are also potent greenhouse gases, their recovery and destruction will also reduce U.S. emissions that contribute to climate change.

RAD program partners are also committing to best practices for recovery and disposal of hazardous substances contained in the appliances such as mercury, PCBs, and used oil. Program partners will provide EPA with data on the quantity of CFCs recovered and destroyed or recycled along with other environmental information.

In addition to RAD program partners, EPA is working collaboratively with many key sectors to quantify and reduce emissions, and to promote efficient technologies that are safer for the ozone layer and Earth’s climate in the United States and globally.

Failure to Maintain RCRA Financial Assurance to Cost Kanthal over $300,000

The EPA and the Kanthal Corporation of Bethel, Connecticut, have reached an agreement to settle claims that the company violated financial assurance rules under federal hazardous waste laws. The agreement calls for the company to pay $49,652, and spend an additional $275,000 to perform two environmental projects that will greatly reduce environmental impacts resulting from the company’s heating materials manufacturing operations.

The action against Kanthal was prompted by an initiative aimed at ensuring that companies that handle hazardous waste have the money to properly clean up after they no longer treat, store, or dispose of wastes at their site. Kanthal, which closed its hazardous waste unit in 1997, manufactures heating systems, resistance wire and other heating-related materials. It is a subsidiary of Sandvik Inc. of Fairlawn, NJ.

“It is important that companies have the financial capabilities to fund adequate post-closure care after they close their hazardous waste operations, “ said Robert W. Varney, regional administrator of EPA’s New England office. “Without these rules, the public could be left to fund clean-ups for facilities that didn’t make appropriate financial provisions before closing up their operations.”

Kanthal has agreed to perform two environmental projects in order to settle the case. In the first project, Kanthal will spend approximately $125,000 to purchase renewable energy for electricity usage at its plant for approximately two years. The use of renewable energy will reduce emissions of carbon dioxide by an estimated 15,802,711 pounds, emissions of sulfur dioxide by an estimated 83,172 pounds, and emissions of nitrogen oxide by an estimated 50,943 pounds. In addition, Kanthal will spend $150,000 to design and install a wastewater treatment and water recycling system that will result in a reduction of approximately 1.6 million gallons per year of water usage.

The company has also agreed to maintain compliance with financial assurance rules and is continuing to pump and treat groundwater at its site as part of post-closure care requirements.

Massachusetts Sanitary District Agrees to $18 Million to Improve Sewage Treatment and Pay $254,000 Fine

Federal and state environmental officials announced a sweeping agreement with the Greater Lawrence Sanitary District in northeastern Massachusetts, settling alleged violations of clean water laws and government-issued permits.

Under a civil complaint and consent decree simultaneously filed in U.S. District Court in Boston, the Greater Lawrence Sanitary District (GLSD) will pay a $254,000 fine and invest in an $18 million sewage treatment plant upgrade. Combined sewer overflow discharges generally occur during or after significant rainstorms, when a mixture of storm water and domestic waste exceeds the flow capacity of the combined sewer system, resulting in untreated sewage being released into the environment.

“Thanks to close coordination and strong efforts by state and federal agencies, GLSD is making improvements to its treatment plant that will better protect public health and the aquatic ecosystem of the Merrimack and Spicket Rivers,” said Robert W. Varney, regional administrator for EPA’s New England office. “This settlement will bring great benefits to Lawrence and other downstream communities by reducing the number of times that sewer waste is discharged during rainy weather in the areas where people fish and recreate along the Merrimack River.”

Under the settlement, GLSD will pay a total penalty of $254,000 ($127,000 to the United States, and $127,000 to the Commonwealth of Massachusetts). The district will be required to increase its monthly average treatment plant capacity from 52 million gallons per day (MGD) to a maximum peak secondary treatment capacity of 135 MGD by Dec. 31, 2007, thereby significantly reducing the number of CSO discharge events annually.

“This law enforcement action under the Clean Water Act has resulted in GLSD’s commitment to funding and construction of significant upgrades in its treatment of sewage generated by the towns of Lawrence, Methuen, Andover, North Andover and Salem, N.H.,” stated U.S. Attorney Michael J. Sullivan. “The upgrades will reduce the discharge into the Spicket and Merrimack Rivers of untreated sewage and untreated water runoff from the streets. I am proud of the Government and of the GLSD for achieving this settlement. In the future, the rivers will be cleaner for use in recreation and fishing, and aquatic life will be better protected.”

The GLSD owns and operates a 52 MGD secondary treatment plant in North Andover, Mass., serving member communities of Lawrence, Methuen, Andover, and North Andover (in Mass.), as well as Salem, N.H. The treatment plant discharges to the Merrimack River. In addition to the treatment plant, GLSD owns and operates an interceptor sewer system designed to receive wastewater flow from the member communities. The interceptor sewer system includes five CSO outfalls that discharge a mixture of wastewater and stormwater to the Merrimack and Spicket Rivers during wet weather when the capacity of the treatment works and conveyance is exceeded.

GLSD’s national pollutant discharge elimination system (“NPDES”) permit prohibits discharges that cause or contribute to violations of water quality standards. The civil Complaint alleges that GLSD failed to comply with the federal Clean Water Act in operation of its wastewater treatment facility and violated its NPDES permit by exceeding limits for fecal coliform bacteria. The discharges are located in a densely developed area of Lawrence where people fish and boat near and downstream of the discharge locations. Shellfish beds downstream from the discharge points are also affected. In a typical year there are about 14 discharge events, during which the CSO outfalls discharge approximately 112 million gallons of combined sewage.

Also required in the settlement is that GLSD must submit a post-construction monitoring report to EPA and Massachusetts by March 31, 2009 which evaluates the effectiveness of the increased capacity at reducing discharges from CSO outfalls. Finally, GLSD must submit a revised Long-Term Control Plan to EPA and Massachusetts by June 30, 2010.

Philips Lighting to Cut Mercury and Lead in All its U.S.-made Fluorescent Lights

Philips Lighting, a world-leader in the manufacture of industrial and consumer lighting products, pledged to substantially reduce mercury and eliminate lead in the making of fluorescent lighting products at its four U.S. plants. The company is voluntarily cutting the two compounds as part of an EPA effort to reduce the presence of 31 “priority” chemicals in our nation’s products and wastes.

“Philips Lighting has a long history of corporate sustainability, and today it continues this tradition by establishing additional goals to lessen environmental impacts and foster social responsibility at all of the company’s U.S. manufacturing plants,” said Donald S. Welsh, EPA’s mid-Atlantic regional administrator.

In a ceremony at Philips Lighting headquarters in Somerset, N.J., Welsh congratulated the company’s executives for joining EPA’s National Partnership for Environmental Priorities Program and becoming the first company in the nation to commit all of its U.S.-based plants in the voluntary program.

Philips committed to reduce 780 pounds of mercury by next year from the manufacture of its fluorescent lighting products. This equates to a reduction of nearly two tons of mercury in the manufacture of light bulbs over the next five years.

In addition, the company has pledged to eliminate lead from its manufacturing processes, for a total of 1.5 million pounds by 2010. Mercury and lead are among 31 harmful chemicals and metals identified by EPA as a priority for reducing or eliminating their use. The cuts to be made by Philips Lighting are significant because they represent 37% of EPA’s national goal for reducing the 31 chemicals by 4 million pounds by 2011.

 The program seeks solutions that prevent pollution at the source by recovering or recycling chemicals which may be hard to eliminate or reduce at the source.

Asian Development Bank Joins Methane to Markets Partnership

The EPA announced that the Asian Development Bank (ADB) has joined the international Methane to Markets Partnership. Manila-based ADB will provide expertise and knowledge on implementing and financing full-scale projects. ADB has extensive experience with clean energy projects, including methane recovery and use at landfills and coal mines.

"We are eager to leverage ADB's considerable expertise as the Methane to Markets partnership expands," noted Bill Wehrum, EPA's acting assistant administrator for the Office of Air and Radiation, who also serves as chair of the partnership's steering committee. "I look forward to working with ADB to develop meaningful projects that will bring lasting results."

ADB is the second multilateral development bank to join the Methane to Markets Partnership after the World Bank, and its participation will bolster the capacity of the Asia Pacific region to mitigate global climate change. Most recently, ADB provided a $117 million loan to the Jincheng Anthracite Coal Group in Shanxi Province, China which will be the world's largest power plant fueled by coal mine methane.

"On behalf of the Methane to Markets Partnership, I am pleased to welcome the Asian Development Bank to the project network," said Jerry Clifford, EPA's deputy assistant administrator for the Office of International Affairs. "The bank's participation will help develop and strengthen partnerships in Asia to reduce greenhouse gas emissions and deliver clean energy to markets throughout the region."

Reducing methane emissions provides immediate environmental and energy benefits. Methane is a greenhouse gas that is over 20 times as potent as carbon dioxide at capturing heat in the atmosphere. Because methane is also the primary component of natural gas, capturing and using methane as a clean fuel also provides immediate economic and energy security benefits.

 Project network members are private firms, development banks, NGOs or other governmental and non-governmental entities with an interest in methane recovery and use projects. More than 350 organizations from around the world have made commitments to this partnership. The United States has committed $53 million to this initiative over the next five years.

Website Displays Ozone Pollution Prevention Progress

 The maintenance areas are areas with previous ozone pollution problems that are now meeting the ozone standard as well as additional criteria to maintain good air quality.

Condos Penalized for Radioactive Drinking Water

Haystack Estates Condominium Trust of Tyngsborough has agreed to pay a penalty of $2,000 to the Commonwealth for violations of the Massachusetts drinking water regulations that occurred at the public water supply serving Haystack Estates Condominiums, located at 10 Groton Road in Westford, Mass.

Based on review of water monitoring data, inspection reports and prior notices sent to the facility, Massachusetts Department of Environmental Protection (MassDEP) personnel determined that the trust had failed to take appropriate action to reduce the level of naturally occurring radionuclides present in the water to a level deemed safe for consumption. The trust had also failed to notify residents of the problem in a timely manner.

As a result of negotiations with MassDEP, the tust has agreed to enter into a consent order that requires public notification be distributed to all persons served by the water supply each time tests show radionuclide levels exceed the standard. The consent order also outlines a schedule for the design and construction of a radionuclide removal system. That system has since been installed and is in operation.

"Installation and operation of the treatment system has removed the radionuclide contaminants from this water supply," said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. "Routine water testing identified this problem and will remain an important tool in monitoring the water to assure delivery of a safe and pure source of drinking water."

New Oil Transfer and Spill Contingency Plan Rules Now in Effect in Washington

The Washington Department of Ecology's (Ecology) new oil transfer rules for vessels and facilities and the new oil spill contingency plan rule went into effect on October 26.

The rules are designed to prevent oil spills to Washington waters and improve oil spill response readiness. These rules regulate how oil will be transferred over water to tank vessels, fishing, cargo and passenger ships, other non-recreational vessels, oil storage facilities, marinas and, for the first time, tank trucks and rail cars.

Under the new rules, some vessels and oil-handling facilities are required to deploy oil-spill containment boom prior to transferring oil. If it is not safe or effective to pre-boom during an oil transfer, the rules require that alternative response measures be met.

In addition, Ecology will consider an equivalent compliance plan from vessels and facilities if they offer an equal or greater level of environmental protection. The rules set up a process for public review and comment before the equivalent compliance plan can be used.

The rules do not cover marine fueling stations that serve only recreational boats.

Ecology has also updated the state oil spill contingency plan rule that requires tank vessels, cargo and passenger ships, oil storage facilities, and pipeline companies to demonstrate that they can mount an effective, timely response if they spill oil.

The oil spill contingency plan rule is aimed at mitigating the environmental effects of spills, large and small. The rule focuses on early spill response actions, staging response equipment throughout the state, and conducting scheduled and unannounced spill readiness drills.

"All oil spills, regardless of size, add toxic pollutants to our waters," said Dale Jensen who manages spill prevention, preparedness and response activities for Ecology. "We have developed a wide variety of technical publications to help those affected by the new rules."

Jensen said that preventing oil spills is also part of Gov. Chris Gregoire's initiative to clean up, restore, and protect Puget Sound as well as her priority for reducing toxic threats throughout Washington State.

Missouri Hazardous Waste Generator’s Exception Report is Now On-line

The Missouri DNR has made the exception report process easier by posting an e-form version of the Hazardous Waste Generator’s Exception Report on-line.  The generator must file the exception report with the department within 45 days of the initial shipment. Print the form and follow the instructions on the second page for filling it out. Send exception reports to: Missouri Department of Natural Resources, Hazardous Waste Program, Compliance/Enforcement Section, PO Box 176, Jefferson City, MO 65102-0176. Questions regarding the Missouri Hazardous Waste Generator’s Exception Reports can be directed to Jennifer Johnson of the department's Compliance/Enforcement Section at 573-751-7560.

llinois Pollution Control Board Approves Plan to Reduce Mercury Emissions from Coal-Fired Power Plants

The Illinois Pollution Control Board (IPCB) adopted the mercury pollution reduction plan proposed by Governor Rod R. Blagojevich in January. This is a major step towards reducing mercury pollution that will improve the environment and protect the health of the people of Illinois. Under the aggressive plan, Illinois coal-fired power plants will be required to install modern pollution control equipment designed to reduce mercury pollution by 90% or more by June 30, 2009. The newly adopted state standards reduce toxic mercury emissions faster and more thoroughly than federal restrictions adopted last year and will achieve the largest overall amount of mercury reduction of any state in the country.

The board’s adoption of the mercury rule is recognition that power companies can and must take aggressive measures to reduce toxic mercury pollution from their fleets of coal-fired power plants. The mercury emission reductions called for by the governor and adopted by the IPCB will reduce the risk of exposure to toxic levels of mercury, which is particularly dangerous for women and children. People are exposed to mercury primarily through the consumption of fish from mercury-contaminated waterways throughout Illinois and the entire country.

Illinois EPA filed the proposal with the IPCB in March. The IPCB then held two rounds of public hearings on the proposed rule, the first of which was held in Springfield in June, followed by a second Chicago hearing in August. The IPCB received a record number of more than 7,000 public comments, the vast majority of which were in support of the strong mercury reduction plan. The rule will now be submitted to the Joint Committee on Administrative Rules (JCAR), a bipartisan legislative oversight committee of the Illinois General Assembly. Their review of the rule is the final step in the process that began when Gov. Blagojevich proposed the mercury reduction rule.

“The governor’s mercury proposal that was approved today is among the strongest in the nation, and has led to even greater multi-pollutant reductions, making it even more beneficial to improving the quality of life for people throughout the state,” said Doug Scott, director of the Illinois EPA. “This is a huge victory for the environment and for public health in Illinois, and the board should be commended for following the governor’s lead to protect our citizens, our communities, and our environment.”

Gov. Blagojevich’s commitment to reducing toxic emissions has garnered agreements with two of the three major coal-fired power companies in Illinois, reducing not only mercury, but other toxic emissions as well. Through agreements with Ameren, Illinois’ second largest utility, and Dynegy, Illinois’ third largest electric utility, 96% of their capacity will utilize pollution control equipment by 2009, and will achieve the mercury standards called for by the governor. The remaining 4% of plants will install controls able to meet the standards by 2012.

While achieving the mercury standard, the utilities will also significantly reduce two other harmful pollutants: sulfur dioxide and nitrogen oxides, again surpassing federal standards. The deep reductions establish Illinois as a national leader in reducing the three most dangerous power plant emissions: mercury, sulfur dioxide and nitrogen oxides. Sulfur dioxide and nitrogen oxides contribute to ground-level ozone and fine air pollution particles that can lead to respiratory illness, particularly in children and the elderly, and aggravate heart and lung diseases. These pollutants can also create acid rain, reduce visibility and damage to sensitive ecosystems.

“The Illinois mercury rule will do what federal regulators wouldn’t: put children’s health first. The mercury rule and the consequent multi-pollutant provisions that reduce toxic pollutants even further means Illinois will still have among the most protective mercury rules in the country, but with additional up front reductions in soot and smog-forming emissions,” said Max Muller, Environmental Advocate at Environment Illinois. “Risking the health of our children is not an acceptable cost of doing business in Illinois, and this multi-pollutant plan makes that clear.”

Mercury can cause serious health problems to the human nervous system – pregnant women, women of childbearing age and children younger than 15 years of age are especially at risk. Developing fetuses can be exposed to mercury when a mother eats tainted fish and can suffer mental retardation, cerebral palsy, lower IQs, slow motor functions, deafness, blindness and other health problems. Recent studies indicate that as many as 10% of babies born each year in the United States are exposed to excessive mercury levels in the womb.

In the U.S., an estimated 43% of mercury emissions come from power plants, making them the largest man-made source of mercury emissions. The Illinois EPA estimates that the state’s coal-fired power plants emit 3.5 tons of mercury into the air every year.

During the governor’s term, Illinois has enacted laws and established initiatives to:

• Collect and remove mercury-containing switches from retired vehicles before they are processed as scrap metal
• Require state agencies to recycle or responsibly dispose of old electronic equipment that contains toxins like mercury
• Ban the production and sale of mercury fever thermometers and novelty items
• Expand the collection and recycling of climate control thermostats that contain mercury switches and relays in consumer products
• Prohibit schools from purchasing mercury for classroom use
• Shut down hospital waste incinerators

DOE Releases Proposed Rule for Furnace Efficiency

 

Critics of the proposed rule say it does practically nothing to improve the current state of affairs. About 98% of furnaces on the market already meet the proposed standards, according to the Alliance to Save Energy (). And according to DOE's own numbers, the new standard will reduce future energy use by only about 0.3%. Critics are also concerned that the standards won't go into effect until 2015.

DOE's calculations to determine costs and benefits of the new regulations are also under fire. The agency used their future energy cost projections issued in 2005 to calculate the costs and benefits. . Whichever year is chosen, it's apparent that the extreme volatility of energy prices makes the cost component of any future projections highly variable.

DOE also declined to propose different standards that would address the diverse heating needs of regions around the country, saying it didn't have the authority to do so. Many energy efficiency advocates have long recommended the multi-standard approach.

Federal appliance energy conservation standards generally trump state standards. . That may allow the three states that already have their own standards (MA, VT, and RI), the 7-8 states that are considering setting their own standards, and any other states to approve more stringent standards.

The proposed federal standard targets natural gas- and oil-powered residential furnaces and boilers, which account for roughly 90% of all home space heating. Standards for electric fans that are integral to such systems were not addressed, in order to expedite the current proposal, according to DOE. The electric furnace standard process isn't scheduled to begin until 2011.

The American Gas Association supports some of the current proposed rule's efficiency requirements, but says that others are too high, due to potential problems with venting and condensation. The association supports the recommendation for a uniform national standard, and is opposed to the language making the state waiver process easier, saying any granted waivers would lead to increased manufacturing and distribution costs.

The Gas Appliance Manufacturers Association has said during the course of the rulemaking that it is resistant to any substantial change from the current standard. The association also approves of the delay in deferring standards for electrical components of furnaces.

Forest Service 

The Coalition predicts that the closures will result from US Forest Service's Recreation Site Facility Master Planning process, which until recently has had a very low public profile. The process has been underway since at least 2002, and implementation of the plans is scheduled to begin in all 155 national forests and 20 grasslands no later than Dec. 31, 2007. At least 17 forests have already completed their plans, with little or no public review (Bridger-Teton, Dixie, Ashley, Sawtooth, Fishlake, Wasatch-Cache, Salmon-Challis, Caribou-Targhee, Chugach, Tongass, Shoshone, and Medicine Bow-Routt among them). In addition, a few have already begun closing recreation sites or cutting back their facilities.

Following limited media coverage about the coalition's August 2006 report, which charged the USFS with drawing up the plans in secret, USFS Deputy Chief Joel Holtrop directed all forest and grassland managers in October to make the process more public. He anticipates that formal public meetings and comment periods will occur in coming months, both for the completed plans and those in process. He also says NEPA (National Environmental Policy Act) review processes could occur for selected sites, but he doesn't anticipate any cumulative effects assessments.

The USFS says it is conducting the RSFMP process to ensure that recreation sites meet the agency's health and safety standards and are financially sustainable. Under current conditions, the agency says it can't cope with the combined effects of maintenance backlogs, increasing and changing visitor expectations, new federal health standards for drinking water quality, and a decreasing budget. 

U.S., Ag Industry, Eyed for Cheating on Ozone Treaty

After promising to phase out the pesticide methyl bromide under the Montreal treaty to protect the ozone layer, the U.S., after stockpiling large amounts of the pesticide for two years, is seeking permission to produce more. The agriculture industry is happy, but other treaty nations are not. 

Insects Cheer Global Warming

Insects have proven to be highly adaptable organisms, able through evolution to cope with a variety of environmental changes, including relatively recent changes in the world's climate. But like something out of a scary Halloween tale, new University of Washington research suggests insects' ability to adapt to warmer temperatures carries an unexpected consequence -- more insects.

It appears that insect species that adapt to warmer climates also will increase their maximum rates of population growth, which UW researchers say is likely to have widespread effects on agriculture, public health and conservation.

Many studies have shown that insects readily adapt to the temperature of their environment. For example, those living in deserts easily tolerate high temperatures but are much less tolerant of cold temperatures than insects living in mountains. Now UW biology researchers have found that insect species that have adapted to warmer environments also have faster population growth rates. The research shows, in effect, that "warmer is better" for insects, said Melanie Frazier, a UW biology doctoral student.

"Enhanced population growth rates for butterflies might be a good thing, but enhanced growth rates for mosquito populations is much more dubious," said Frazier, who is lead author of the new research, published in the October edition of the journal The American Naturalist. Co-authors are Raymond Huey, a UW biology professor, and David Berrigan, a former UW biology researcher now with the National Cancer Institute.

The findings suggest that evolutionary adaptation to climate warming will have profound ecological effects because rates of population growth eventually will alter entire ecosystems, Frazier said. In addition, key ecosystem characteristics such as species diversity and food webs are very sensitive to the population growth rates of the species living and interacting in those ecosystems.

She noted that biochemical adaptation to warmer temperature is not the only possible insect response to climate warming. Some species might evade warmer temperatures by moving to cooler habitats, or they might alter their seasonal activity patterns. Others might not be able to adapt adequately and could become extinct. But those that do adapt should have elevated rates of population growth. "No matter which scenario plays out for a given species, local ecosystems will be profoundly altered," Frazier said.

EPA Hearing Seeks Comments on Proposed Changes to New Source Review

 EPA proposed the changes, known as "aggregation and debottlenecking," on Sept. 8.

The hearing will be at EPA's offices in Research Triangle Park, N.C., at 109 T.W. Alexander Drive. The hearing will be in Building C, Classroom C112. Because this is a federal facility, speakers should be prepared to show photo ID to enter the EPA campus and buildings.

 

Keep Some Money in Your Wallet This Winter

The average American family spends $1,900 a year on energy bills, much of which goes to heating and cooling our homes. Consumers can save as much as 20% annually on total energy costs – and reduce their environmental impact – by following four simple recommendations from the government's Energy Star program.

These four steps will help you "H.E.A.T." smartly while reducing home energy consumption and environmental impact this winter:

• Home Sealing. Seal air leaks and add insulation – paying special attention to your attic and basement, where the biggest gaps and cracks are often found. This will keep warm air inside where it belongs and help your equipment perform more efficiently.
• Equipment Maintenance. Dirt and neglect are the number one causes of system failure. Get a check-up of your heating system to make sure it's performing efficiently and safely. Clean or replace your system's air filter to help lower energy bills and maintain better indoor air quality.
• Ask for Energy Star. If just one in 10 households bought Energy Star qualified heating and cooling products, the change would keep 18 billion pounds of greenhouse gas emissions out of our air.
• Thermostat Use. Install a programmable thermostat to save energy during times when you're home or away. When properly used, a programmable thermostat can save as much as $150 a year in energy costs.

 Many businesses operate their heating systems 24 hours a day, even when no one is using the facility. If businesses cut back just one hour of operation out of every 12, their energy savings could equal about eight percent. If every business in the United States saved 10% on their energy bills, Americans would save about $10 billion and reduce greenhouse gas emissions equivalent to those from 15 million vehicles.

Electrical Vampires Lurk after Halloween

 

Environmental Research Made Accessible

In an effort to help reduce great disparities in scientific capital between developed and developing nations, the United Nations Environment Programme (UNEP), Yale University, and leading science and technology publishers launched a new collaborative initiative to make global scientific research in the environmental sciences available online to tens of thousands of environmental scientists, researchers, and policy makers in the developing world for free or at nominal cost.

Through Online Access to Research in the Environment (), more than 200 prestigious publishers, societies and associations will offer one of the world’s largest collections of scholarly, peer-reviewed environmental science journals to over 1200 public and non-profit environmental institutions in more than 100 developing nations of Africa, Asia and the Pacific, Latin America and the Caribbean, and Eastern Europe. Each and every institution enrolled in OARE will receive resources with an annual retail subscription value in the many hundreds of thousands of dollars.

Over 1000 scholarly scientific and technical journal titles in such fields as biotechnology, botany, climate change, ecology, energy, environmental chemistry, environmental economics, environmental engineering and planning, environmental law and policy, environmental toxicology and pollution, geography, geology, hydrology, meteorology, oceanography, urban planning, and zoology will be provided through a portal presented in English, Spanish and French. OARE will also provide important Abstract and Index Research Databases (A&I Databases) – intellectual tools the scientific and professional community use to search for information within thousands of scholarly publications, and other scholarly resources.

“OARE is a new and inspiring example of international cooperation that can contribute to the reduction of the North-South scientific gap and digital divide, objectives that are both at the top of the UN agenda and the UN Millennium Development Goals”, said Achim Steiner, United Nations under-secretary-general and UNEP executive director.

Thanks to advances in information and communication technologies and the great generosity of many leading scientific publishers, we have an unprecedented opportunity to provide environmental institutions in developing countries with intellectual resources we in the developed world so often take for granted”, said James Gustave Speth, dean of Yale’s Environment School.

"Scientific publishers welcome this opportunity to provide access to the latest published research in environmental and related sciences to researchers and other professionals in 106 developing countries, in the expectation that, in turn, higher quality research will emerge from those countries, to the benefit of all of us", said Michael Mabe, CEO of the International Association of Scientific, Technical and Medical Publishers (STM).

“The Hewlett Foundation is committed to providing high quality educational materials to students and scholars in the developing world. We are extremely pleased to join with Yale, UNEP and the many participating publishers, societies and associations to make scientific resources available in developing countries, where the need is so great.”, stated Paul Brest, president of the William and Flora Hewlett Foundation.

OARE aims to contribute to the development of expert professional and academic communities and an informed public, encourage scientific creativity and productivity, facilitate the development of progressive science-based national policies, help enable countries to build their own higher education programs in the environmental sciences, educate their own leaders, conduct their own research, publish their own scientific findings, and disseminate information to policy makers and the public.

Organizations providing scientific content through OARE include leading scientific publishers (e.g. Annual Reviews, Blackwell, Cambridge, Elsevier, John Wiley, Nature Publishing Group, Springer, Taylor & Francis, Oxford and many others) and more than 200 scientific societies and associations (e.g. Acadmie des Sciences de France, American Association for the Advancement of Science, National Academy of Sciences, Nordic Society OIKOS, Oceanographic Society of Japan, Real Sociedad Espaniola de Qimica, Royal Geographical Society, Royal Meteorological Society of Great Britain, Societa Botanica Italiana, Zoological Society of London, etc). A complete listing of collaborating institutions is available at www.oaresciences.org.

Eligible institutions include universities and colleges, research institutes, ministries of the environment and other government agencies, libraries, and national NGOs. Access for institutions in the 70 poorest countries will be free. Access for institutions in 38 lower middle income countries will be at a nominal charge, which will be reinvested to support continued training and outreach activities in eligible countries.

EPA Closes OPPTS Library

The EPA has closed its specialized library for research on the effects and properties of chemicals, according to documents released by Public Employees for Environmental Responsibility (PEER). The library’s unique technical collection is being offered for dispersal, with the remainder kept in storage.

The Office of Prevention, Pollution and Toxic Substances (OPPTS) Library, in EPA’s Washington D.C. headquarters, had provided research services to EPA scientists who review industry requests for the introduction of new chemicals into the market. Among other holdings, the library contained

• Unique toxicological studies on the potential effects of pesticides on children
• Up-to-date research on genetically engineered chemicals and other biotech products
• Extensive literature on emergency planning and chemical risk assessments

 

“Without this research assistance, EPA scientists have fewer resources to conduct thorough analyses on hundreds of new chemicals for which companies are clamoring for agency approval to launch each year into the mainstream of American commerce,” stated PEER Executive Director Jeff Ruch. “When confronted with new chemicals, EPA scientists often begin by looking at the effects of similar chemicals or analogues – a technique hampered by closing its library housing research on chemicals and their effects.”

To give some idea of the scope of the OPPTS collection, a catalogue search yields 228,772 documents on chlorpyrifos, a pesticide that was banned in household sprays due to its potential to harm children.

The OPPTS Library was officially closed on October 20. The library’s valuable, paper-only collection has been moved into boxes, which are currently stored in a basement cafeteria. Last week, EPA laid off three librarians and two technical staff.

Citing budget pressures, EPA has in recent weeks closed several of its libraries across the country, with their collections gathered in three large repositories, where the works sit un-catalogued and inaccessible both to EPA's scientists and to members of the public. EPA claims to be digitizing these collections in a page-by-page process that has no dedicated budget, timetable, over-arching plan or set of priorities.

Unlike its recent closure of its main headquarters library and despite federal policy (Office of Budget & Management Circular A-130) requiring that the public be notified whenever “terminating significant information dissemination products,” EPA made no public announcement concerning the dismantlement of the OPPTS Library. In addition, the OPPTS Library was not mentioned in the “EPA FY 2007 Framework” as one of the several libraries slated to be closed.

“EPA’s hasty, buzz saw slashing at its library network is now interfering with its mission of harnessing the best available science to protect human health and the environment,” commented Ruch, noting that Congress has yet to approve EPA’s actions. “Given the tremendous public health risks, this is absolutely the last place EPA should be cutting.”

EPA Delegates Clean Water Act Authority to Southern California Tribe

The EPA announced its approval of the Twenty-Nine Palms Band of Mission Indian’s application to administer federal Clean Water Act programs on tribal lands.

The announcement was made at the 14th annual EPA Region 9 tribal conference in San Francisco. The Twenty-Nine Palms Tribe is the 38th tribe out of 563 federally recognized tribes nationwide with delegated authority over water quality protection programs to administer water quality standards and a certification program.

“The EPA and tribes attending this conference are pleased to celebrate this achievement with the Twenty-Nine Palms Tribe,” said Wayne Nastri, the regional administrator of the EPA’s Pacific Southwest region and host of this year’s conference. “We will continue to work together to protect and restore precious water resources not only on lands belonging to the Twenty-Nine Palms Tribe, but every tribe in the Pacific Southwest.”

The tribe will work with the EPA on a government-to-government basis to develop and adopt water quality standards which, once approved, will form the basis for water quality-based effluent limitations and other requirements for discharges to waters within the tribe’s jurisdiction.

The tribe is also authorized to grant or deny certification for federally permitted or licensed activities that may affect waters within the borders of their lands.

Under Clean Water Act requirements, the tribe must be federally recognized, have a governing body to carry out substantial governmental duties and powers, have jurisdiction to administer the programs within the boundaries of its reservation, and be reasonably capable of administering the program.

The Twenty-Nine Palms Tribe has a reservation that consists of two properties, in Riverside County in the city of Coachella and in San Bernardino County between Twenty-Nine Palms and Joshua Tree. There are currently no tribal members residing on the reservations but the tribe wants to ensure that present and future beneficial uses of the water bodies on the reservation are protected from degradation.

Trivia Question of the Week

Fluorescent lamp ballasts manufactured before what date are assumed to contain PCBs?

a. January 1, 1984
b. August 31, 1981
c. July 2, 1979
d. Lamp ballasts never contained PCBs