Congressmen Introduce “REACH Light” to Protect Americans From Hazardous Chemicals in Consumer Products

 The bill would ensure for the first time that all chemicals used in baby bottles, children's toys, and other products are proven to be safe before they are put on the market.

"Every day, consumers rely on household products that contain hundreds of chemicals. The American public expects the federal government to keep families safe by testing chemicals—but the government is letting them down," Lautenberg said. "We already have strong regulations for pesticides and pharmaceuticals—it's common sense that we do the same for chemicals that end up in household items, such as bottles and toys."

"Recent news regarding bisphenol A in baby bottles underscores the need for significant reform to ensure children are not unnecessarily exposed to chemicals, which threaten their health and environment," Solis said. "The Kids-Safe Chemicals Act is needed to repair the fundamentally flawed chemical regulatory structure. Our nation's children deserve adequate protection and I look forward to working with my colleagues to ensure their health is protected."

"It is critical that we modernize our nation's chemical safety laws," Waxman said. "The Kid Safe Chemical Act will deliver what its name implies—a non-toxic environment for our children."

Of the 80,000 chemicals used in our homes, the EPA has only required testing of 200. That lack of testing and regulation is putting people in danger, especially children. For example, new EPA scientific studies have demonstrated a link between "Bisphenol A," a chemical used to make baby bottles and water bottles, and a host of medical problems, including cancer and reproductive issues.

. Similar to the European Union’s REACH initiative, it would shift the burden for proving chemicals are safe from EPA to the chemical manufacturers. Under the bill, the manufacturers would have to provide EPA with the necessary data to determine if a chemical is safe. The bill would give new authority to EPA to restrict the use of chemicals that fail to meet the safety standard.

In a 2006 report, the Government Accountability Office (GAO) cited the weakness of the current law, known as the Toxic Substances Control Act (TSCA), as one of the reasons for the lack of safety and consumer protection. Only five chemicals that existed 29 years ago when Congress passed TSCA have ever been restricted by EPA, according to the GAO. The new bill would have the EPA evaluate every chemical product created for commerce, to make sure that it is safe before it is allowed onto the market.

Highlights of the Kid Safe Chemicals Act of 2008

• Require Basic Data on Industrial Chemicals. Chemical companies must demonstrate the safety of their products, backed up with credible evidence. Chemicals that lack minimum data could not be legally manufactured in or imported into the United States. [Section 505]
• Place the Burden on Industry to Demonstrate Safety. EPA must systematically review whether industry has met this burden of proof for all industrial chemicals within 15 years of adoption. [Section 503]
• Restrict the Use of Dangerous Chemicals Found in Newborn Babies. Hazardous chemicals detected in human cord blood would be immediately targeted for restrictions on their use. [Section 504]
• Use New Scientific Evidence to Protect Health. EPA must consider and is authorized to require additional testing as new science and new testing methods emerge, including for health effects at low doses or during fetal or infant development and for nanomaterials. [Section 503]
• Establish National Program to Assess Human Exposure. The federal government’s Center for Disease Control and Prevention (CDC) is to expand existing analysis of pollutants in people to help identify chemicals that threaten the health of children, workers, or other vulnerable populations. [Section 505]
• Expand the Public Right to Know on Toxic Chemicals. New, Internet-accessible public database on chemical hazards and uses will inform companies, communities, and consumers. EPA is to rein in excessive industry claims of confidentiality. [Sections 511 and 512]
• Invest in Long-Term Solutions. New funding and incentives are provided for the development of safer alternatives and technical assistance in “green chemistry.” [Section 508]

Rising Nitrogen Levels Alter Global Ecosystems

While human-caused global climate change has long been a concern for environmental scientists and is a well-known public policy issue, the problem of excessive reactive nitrogen in the environment is little-known beyond a growing circle of environmental scientists who study how the element cycles through the environment and negatively alters local and global ecosystems and potentially harms human health.

Two new papers by leading environmental scientists bring the problem to the forefront as mentioned in the May 16 issue of the journal Science. The researchers discuss how food and energy production are causing reactive nitrogen to accumulate in soil, water, the atmosphere, and coastal oceanic waters, contributing to the greenhouse effect, smog, haze, acid rain, coastal "dead zones," and stratospheric ozone depletion.

"The public does not yet know much about nitrogen, but in many ways it is as big an issue as carbon. And due to the interactions of nitrogen and carbon, (it) makes the challenge of providing food and energy to the world's peoples without harming the global environment a tremendous challenge," said University of Virginia environmental sciences professor James Galloway, the lead author of one of the Science papers and a co-author of the other. "We are accumulating reactive nitrogen in the environment at alarming rates, and this may prove to be as serious as putting carbon dioxide in the atmosphere."

Galloway, the founding chair of the International Nitrogen Initiative and a co-winner of the 2008 Tyler Prize for environmental science, is a longtime contributor to the growing understanding of how nitrogen cycles endlessly through the environment. In numerous studies over the years, he has come to the realization of the "nitrogen cascade" and has created with his colleagues a flow chart demonstrating the pervasive and persistent effects of reactive nitrogen on Earth's environment ).

In its inert form, nitrogen is harmless and abundant, making up 78% of the Earth's atmosphere. But in the past century, with the mass production of nitrogen-based fertilizers and the large-scale burning of fossil fuels, massive amounts of reactive nitrogen compounds, such as ammonia, have entered the environment.

"A unique and troublesome aspect of nitrogen is that a single atom released to the environment can cause a cascading sequence of events, resulting ultimately in harm to the natural balance of our ecosystems and to our very health," Galloway said.

A nitrogen atom that starts out as part of a smog-forming compound may be deposited in lakes and forests as nitric acid, which can kill fish and insects. Carried out to the coast, the same nitrogen atom may contribute to red tides and dead zones. Finally, the nitrogen will be reentered into the atmosphere as part of the greenhouse gas nitrous oxide, which destroys atmospheric ozone.

Galloway and his colleagues suggest possible approaches to minimizing nitrogen use, such as optimizing its uptake by plants and animals, recovering and reusing nitrogen from manure and sewage, and decreasing nitrogen emissions from fossil fuel combustion.

"Nitrogen is needed to grow food, but because of the inefficiencies of nitrogen uptake by plants and animals, only about 10 to 15% of reactive nitrogen ever enters a human mouth as food,” Galloway says, “The rest is lost to the environment and injected into the atmosphere by combustion.

"We must soon begin to manage nitrogen use in an integrated manner by decreasing our rate of creation of reactive nitrogen, while continuing to produce enough food and energy to sustain a growing world population.”

Galloway's next effort is to create a "nitrogen footprint" calculator that people can access on the Internet, very similar to current "carbon footprint" calculators found online.

You can reduce your nitrogen footprints by reducing energy consumption at home, traveling less, and changing diet to locally grown vegetables (preferably organic) and fish and consuming less meat.

Galloway is quick to point out that along with the problems of excess reactive nitrogen in many areas of the world, there also are large regions, such as Africa, with too little nitrogen to grow enough food for rapidly growing populations. In those regions, the challenge is find ways to increase the availability of nitrogen, while minimizing the negative environmental effects of too much nitrogen.

More Premature Deaths Than Previously Thought From Particles in Vehicle Exhaust

The California Air Resources Board (ARB) was presented with research that shows long-term exposures to fine particle pollution pose a greater health threat than previously estimated.

Annually, 14,000 to 24,000 premature deaths are estimated to be associated with exposures to PM2.5, a mix of microscopic particles less than 2.5 microns in size. A majority of these deaths occur in highly populated areas around the state, including the South Coast, San Joaquin Valley, and San Francisco Bay air basins.

"Particle pollution is a silent killer," ARB Chairman Mary D. Nichols said. "We must work even harder to cut these life-shortening emissions by further addressing pollution sources head-on."

Particulate matter (PM) is a complex blend of substances ranging from dry solid fragments, solid-cores fragments with liquid coatings, and small droplets of liquid. These particles vary in shape, size, and chemical composition, and they may include metals, soot, soil, and dust.

At the request of the board in 2006, ARB researchers carefully reviewed all scientific studies on the subject and consulted with health scientists. While exposures to particulate matter have long been known as a serious health threat, new information suggests that the pollutant is even more toxic than previously thought.

Hospitalizations, emergency room visits, and doctor visits for respiratory illnesses or heart disease have been associated with PM2.5 exposure. Other studies suggest that PM2.5 exposure may influence asthma symptoms and acute and chronic bronchitis. Children, the elderly, and people with pre-existing chronic disease are most at risk of experiencing adverse health effects from PM2.5 exposure. Even small increases in PM2.5 exposures may increase health risks.

Major contributors to PM2.5 include trucks, passenger cars, off-road equipment, electric power generation and industrial processes, residential wood burning, and forest and agricultural burning. All combustion processes generally produce PM2.5.

 The ARB, in coordination with the 35 air districts throughout the state, continues to develop and implement strategies of aggressive air pollution control. These measures have been so effective for the last two decades that PM exposures have been reduced in California's major populated areas. Since the official year-round monitoring of ambient PM2.5 began in 1999, concentrations have decreased 30% across California, most notably in the South Coast and the San Joaquin Valley regions.

In 2000, ARB adopted an aggressive risk-reduction plan that targets all diesel PM sources in California. As part of the plan, cleaner diesel fuels and new diesel engines (both on-road and off-road) have been developed. In concert with regulations aimed at requiring cleaner new engines, other regulations have been adopted to address diesel engines already on the road, including those in waste-collection vehicles, transit fleet, school buses, stationary engines, transport refrigeration units, and portable engines. Later this year, ARB will consider rules to significantly cut diesel particulate emissions from private truck fleets.

$150,000 Penalty for Operating Without an Air Permit

The agreement, which includes a $150,000 penalty, resolves EPA allegations that Riceland operated its plant without the required permits. In addition, EPA said the company failed to comply with notification, recordkeeping, and reporting requirements for wood furniture manufacturers.

EPA said the Riceland facility is a major source of the hazardous air pollutant toluene. Breathing high levels of toluene affects the brain and can cause headaches, confusion, dizziness, sleepiness, and memory loss.

$1.5 Million Fine for Fly Ash Spill

The Pennsylvania Department of Environmental Protection (DEP) recently announced a settlement in Commonwealth Court with PPL Martins Creek LLC that includes a $1.5 million civil penalty against the company for a fly ash spill at its electric generating station in Lower Mt. Bethel Township, Northampton County, in 2005. In addition to the civil penalty, the settlement addresses the company’s continued spill assessment and cleanup responsibilities should any remaining ash deposits be discovered.

The settlement resolves the department’s Commonwealth Court lawsuit that was filed in November 2005 following a failure in one of the utility’s ash basins on Aug. 23, 2005. Because of the failure, approximately 100 million gallons of fly ash were discharged into the Delaware River.

DEP required PPL to conduct a major cleanup operation immediately under the department’s supervision.

DEP also initiated a Natural Resource Damage Assessment (NRDA) process to assess the spill’s short-, medium-, and long-term impacts on the river and its ecosystems. The NRDA team includes representatives of state and federal agencies and is still evaluating water quality, biological, and ecological impacts to the river as a result of the spill.

The settlement approved by Commonwealth Court allows for a 120-day comment period on the final NRDA report for the citizens’ group that intervened in DEP’s lawsuit. The agency had previously accepted comments on the then-proposed settlement for a 60-day period in March 2007.

The Revitalization Handbook

"Revitalizing Contaminated Sites: Addressing Liability Concerns )" addresses environmental cleanup liability risks associated with the revitalization of contaminated property or sites.

EPA works to clarify and address barriers to the timely cleanup and reuse of Brownfield and other contaminated properties.

First issued in 1998, EPA updated and reissued the Handbook in 2002 to include discussion of implementing the "Small Business Liability Relief and Brownfield’s Revitalization Act of 2002," new initiatives and guidance, and specific references to Resource Conservation and Recovery Act (RCRA) liability.

GAO Says EPA's Assessment Process Will Credibility of Its Integrated Risk Information System

The EPA Integrated Risk Information System (IRIS) contains EPA's scientific position on the potential human health effects of exposure to more than 540 chemicals. Toxicity assessments in the IRIS database constitute the first two critical steps of the risk assessment process, which in turn, provides the foundation for risk management decisions. Thus, IRIS is a critical component of EPA's capacity to support scientifically sound environmental decisions, policies, and regulations. 

1. Highlights of GAO's March 2008 report, Chemical Assessments: Low Productivity and New Interagency Review Process Limit the Usefulness and Credibility of EPA's Integrated Risk Information System
2. Key aspects of EPA's revised IRIS assessment process, released on April 10, 2008.

For the March 2008 report, GAO reviewed and analyzed EPA data and interviewed officials at relevant agencies, including the Office of Management and Budget (OMB). For this testimony, GAO supplemented the prior audit work with a review of EPA's revised IRIS assessment process announced on April 10, 2008.

In its March 2008 report, GAO concluded that the IRIS database is at serious risk of becoming obsolete because EPA has not been able to routinely complete timely, credible assessments or decrease its backlog of 70 ongoing assessments—a total of 4 were completed in fiscal years 2006 and 2007. In addition, recent assessment process changes, as well as other changes EPA was considering at the time of GAO's review, further reduce the timeliness and credibility of IRIS assessments.

EPA's efforts to finalize assessments have been thwarted by a combination of factors, including two new OMB-required reviews of IRIS assessments by OMB and other federal agencies; EPA management decisions, such as delaying some assessments to await new research; and the compounding effect of delays—even one delay can have a domino effect, requiring the process to essentially be repeated. The two new OMB/interagency reviews of draft assessments involve other federal agencies in EPA's IRIS assessment process in a manner that limits the credibility of IRIS assessments and hinders EPA's ability to manage them. For example, the OMB/interagency reviews lack transparency, and OMB required EPA to terminate five assessments EPA had initiated to help it implement the Clean Air Act. The changes to the IRIS assessment process that EPA was considering, but had not yet issued at the time of our review, would have added to the already unacceptable level of delays in completing IRIS assessments and further limited the credibility of the assessments.

On April 10, 2008, EPA issued its revised IRIS assessment process, effective immediately. In its February 2008 comments on GAO's draft report, EPA said it would consider the report's recommendations, which were aimed at streamlining the process and better ensuring that EPA has the ability to develop transparent, credible assessments. However, EPA's new process is largely the same as the draft that GAO evaluated, and some key changes are likely to further exacerbate the productivity and credibility concerns GAO identified.

For example, while the draft process would have made comments from other federal agencies on IRIS assessments part of the public record, EPA's new process expressly defines these comments as "deliberative" and excludes them from the public record. GAO continues to believe that it is critical that input from all parties—particularly agencies that may be affected by the outcome of IRIS assessments—be publicly available. In addition, the estimated time frames under the new process, especially for chemicals of key concern, will likely perpetuate the cycle of delays to which the majority of ongoing assessments have been subject. Instead of significantly streamlining the process, which GAO recommended, EPA has institutionalized a process that from the outset is estimated to take 6 to 8 years to complete. This is problematic because of the substantial rework such cases often require to take into account changing science and methodologies. Because EPA's new process is not responsive to GAO's recommendations, the viability of this critical database has been further jeopardized.

Pennsylvania to Help Cities Cut Greenhouse Gas Emissions

To help local governments play a role in combating climate change, Pennsylvania is making $300,000 available through a new grant program so municipalities can reduce greenhouse gas emissions, conserve energy, and lower operating expenses.

“Reducing the impacts of climate change is important to the vibrancy of our communities, because the foundations of our regional economies—buildings, infrastructure, transportation, and land-use policies—and the sustainability of local industries are all dependent on a stable climate,” DEP Secretary Kathleen A. McGinty said. “These grants will help local governments take the first steps toward finding opportunities to reduce greenhouse gas emissions.”

Under the Local Government Greenhouse Gas Pilot Grant Program, municipalities or regional partnerships can apply for grants to hire technical service providers who can help establish greenhouse gas emissions inventories and then develop plans to reduce emissions.

A greenhouse gas inventory totals emission levels from direct and indirect activities, while an action, or mitigation, plan offers specific recommendations on how to reduce greenhouse gas emissions. Recommendations can be tailored to the specific needs of a municipality. If implemented, the recommendations can help a municipality improve its energy efficiency and reduce energy costs, which will yield additional long-term savings. Local governments are not required to implement the measures identified through the grant program.

Individual municipalities can qualify for up to $20,000. A regional application, with multiple municipalities, can request greater amounts, but no more than $20,000 per participating municipality.

Applications will be judged based on the following criteria:

• Energy use and efficiency
• Use of renewable energy
• Commitment to greenhouse gas reduction
• Efficient land-use planning and management
• Financial and in-kind contributions
• Contractor experience and qualifications
• Contractor resources and location

 

DEP targets municipalities from all Pennsylvania regions representing diverse economies. Grant funding will be awarded on an upfront basis. Applicants are encouraged, but not required, to provide either a financial match or in-kind contributions.

North Texas Power Company to Issue Vouchers for Electric Lawn Mowers

Texas Municipal Power Agency (TMPA) will pay a $26,250 penalty and issue $78,750 in vouchers for electric lawn mowers to resolve violations of the Clean Air Act (CAA), the Environmental Protection Agency recently announced.

The violations involve operations at the power provider’s Gibbons Creek Steam Electric Station in Grimes County. TMPA has since corrected the infractions and is now in compliance with the CAA.

“It is imperative that business and industry do their part to help protect human health and the environment,” EPA Regional Administrator Richard E. Greene said. “EPA will continue to ensure that companies make every effort to follow environmental laws, so that our communities have cleaner, healthier air to breathe.”

TMPA is a municipal power company serving the cities of Bryan, Denton, Garland, and Greenville. The company violated the CAA by exceeding opacity emissions limits at its facility, failing to report in writing that its continuous opacity monitoring system was out of service for 397 hours, and not submitting required emissions reports to EPA.

Under a settlement with EPA, the company will pay a civil penalty and complete a supplemental environmental project that involves issuing vouchers worth $150 each to designated retailers in its service area. TMPA customers and city residents can use the vouchers to purchase electric lawn mowers.

The project is aimed at helping reduce air pollution in the Dallas-Fort Worth area, which currently does not meet federal requirements for ozone. Ground-level ozone, or smog, is created when volatile organic compounds (VOCs) and nitrogen oxides react with sunlight. Traditional lawn mowers emit carbon monoxide, VOCs, and nitrogen oxides, while electric lawn mowers produce essentially no pollution.

The TMPA vouchers are expected to help replace 525 gasoline-powered lawn mowers, which has the potential to reduce 37 tons of greenhouse gases and other pollutants per year, or the equivalent emissions of more than 22,500 new cars, each being driven 12,000 miles.

Environment and Public Works Committee Approves “Clean Boating Act”

The Clean Boating Act of 2008 (S. 2766) establishes a system to meet the needs of recreational boaters, while ensuring that the nation's waters are protected from pollution. Under the Act, EPA must develop practices and standards to mitigate any observed harm from discharges that are incidental to the normal operations of recreational vessels, and the bill requires the Coast Guard to issue regulations for such practices on recreational vessels. Senator Bill Nelson (D-FL) introduced the bill, which has 32 bipartisan cosponsors.

"The Clean Boating Act approved on May 21 by the Environment and Public Works Committee provides a balanced approach, protecting our waters from pollution, while minimizing the burden on recreational boaters,” said U.S. Senator Barbara Boxer, chairman of the Senate Committee on Environment and Public Works. “I applaud Senator Bill Nelson for his leadership on this issue."

Environment Committee Approves Bill to Clean Up Air Pollution at America’s Ports

The Marine Vessel Emissions Reduction Act of 2008 (S. 1499), approved on May 21 by the Senate Environment and Public Works Committee, will cut air pollution from ships and other marine vessels that contribute to dangerous smog and soot pollution around America's ports. Emissions from ships' engines are among the major causes of persistent air-quality problems at ports around the nation.

Large ships, particularly foreign-flagged vessels are among the largest port polluters. Foreign-flagged vessels emit almost 90% of all vessel pollution. The high sulfur content of marine fuels causes ships to emit more than 50% of the sulfur oxides (SOx) pollution in Southern California—one of the major components of smog and soot pollution.

The Marine Vessel Emissions Reduction Act targets pollution from trans-oceanic vessels and requires EPA to limit the sulfur content of fuels for both domestic and foreign-flagged ships using U.S. ports beginning in 2010 and to set tougher emissions standards for marine engines (based on technologies used for similar engines in on-shore applications).

"It is long past time to tighten controls on pollution from ships in our harbors,” Boxer said. “For too long, people who live near our busiest shipping facilities have paid a price with their families' health. This legislation will speed the process of clearing the air at America's ports."

Congresswoman Hilda L. Solis has introduced the same legislation in the House of Representatives (HR 2548).

Several Arrested for Throwing Away Electronic Waste and Computers

The California Department of Toxic Substances Control (DTSC) announced on May 23 that 21 people were arrested or received citations for the illegal disposal of hazardous waste, including electronic waste such as old computers, in the Puente Hills Landfill. This was a collaborative effort of DTSC’s Office of Criminal Investigations, the California Integrated Waste Management Board, and the Sanitation Districts of Los Angeles County. The planned enforcement action highlights the fact that, if put in landfills, electronic waste can release toxic metals into the environment.

“More than ever, DTSC teams up with local authorities to catch those who illegally dispose of hazardous waste,” DTSC Director Maureen F. Gorsen said. “Our experience last year with statewide sting operations targeted at illegal hazardous waste transportation got the word out in no uncertain terms that we are serious about protecting the environment and public health from illegal activities,” Gorsen added.

Operated by the Los Angeles County Sanitation District, the Puente Hills Landfill is located in Los Angeles County near Whittier. The landfill occupies 1,500 acres and is considered one of the largest sanitary landfills in the nation. It accepts one-third of Los Angeles County’s trash and is permitted to receive a little more than 13,000 tons of garbage each day. For this operation, the landfill fully cooperated with DTSC and the other agencies."

We are committed to operating our facilities in a safe manner in compliance with regulations,” Sanitation Districts’ Solid Waste Management Department Head Grace R. Chan, P.E., said. “That's why we not only conduct comprehensive inspection programs at our facilities for unacceptable wastes and cooperate with periodic checks by regulatory agencies, but we also provide the public with appropriate management opportunities for electronic waste, such as regular, ongoing collection events held throughout the county."

Americans Driving at Historic Lows

Americans drove less in March 2008, continuing a trend that began last November, according to estimates released today from the Federal Highway Administration (FHA).

“That Americans are driving less underscores the challenges facing the Highway Trust Fund and its reliance on the federal gasoline excise tax,” Acting Federal Highway Administrator Jim Ray said.

 This is the first time estimated March travel on public roads fell since 1979. At 11 billion miles less in March 2008 than in the previous March, this is the sharpest yearly drop for any month in FHWA history.

Though February 2008 showed a modest 1 billion mile increase over February 2007, cumulative VMT has fallen by 17.3 billion miles since November 2006. Total VMT in the United States for 2006, the most recent year for which such data are available, topped 3 trillion miles.

Additionally, the U.S. Department of Transportation estimated that greenhouse gas emissions fell by an estimated 9 million metric tons for the first quarter of 2008.

The estimated data show that VMT on all U.S. public roads have dropped since 2006. The FHWA’s Traffic Monitoring Analysis System (TMAS) computes VMT for all types of motor vehicles (motorcycles, cars, buses, and trucks) on the nation’s public roads. These data are collected through more than 4,000 automatic traffic recorders operated round-the-clock by state highway agencies. 

Report Calls Energy Efficiency an "Invisible" Energy Boom

The report notes that the U.S. economy uses half as much energy per unit of economic output than it did back in 1970, making energy efficiency the "fastest-growing success story of the last 50 years."

The report focuses specifically on 2004, when roughly $300 billion was invested in energy efficiency in the United States, supporting 1.6 million jobs. That investment was triple the amount invested in the energy supply infrastructure, and it generated 1.7 quadrillion Btu, or quads, of energy savings. For comparison, the United States currently consumes about 100 quads of energy. The 2004 savings were roughly equal to the combined energy output of 40 mid-sized, coal-fired power plants. Nearly 60% of total energy-efficiency investments were made in buildings, including homes, commercial buildings, and energy-efficient devices, while about a quarter of the investments went toward industrial energy-efficiency improvements. Only 11% of the investments went towards improving the fuel economy of cars, trucks, aircraft, and other forms of transportation, despite the fact that the transportation sector consumes 28% of the U.S. energy supply.

The ACEEE report also finds plenty of room for improvement, noting that the United States can reduce energy consumption by an additional 25%–30% over the next quarter century through cost-effective energy-efficiency measures. In an environment of accelerated market transformation and rapid growth in energy efficiency, the total annual investments in energy efficiency could approach $400 billion by 2030, according to the report.

Alliance to Save Energy Launches a New Fuel Economy Campaign

The Alliance to Save Energy (ASE), the Wal-Mart Foundation, and 16 public and private partners have launched the "Drive $marter Challenge," a fuel-efficiency campaign to help U.S. consumers lower gasoline costs. The new campaign, launched on May 20, offers effective money- and gasoline-saving tips in both English and Spanish, as well as extensive additional resources. The campaign's interactive website allows you to find out exactly how much money you can save by following six easy tips for vehicle maintenance and sensible driving, and it also allow you to challenge up to six friends or family members to join you in the fuel savings. 

The members of the American Trucking Associations (ATA) are also looking to improve their fuel efficiency, partly because they know that reducing the demand for diesel fuel could help keep costs down, but also out of a need to address global climate change. Under the banner of "Trucks Deliver a Cleaner Tomorrow," truckers aim to reduce their fuel consumption by 86 billion gallons, while cutting carbon-dioxide emissions by 900 million tons over the next decade. To meet that goal, the ATA recommends that shippers and carriers join the SmartWay Transport Partnership Program, an effort spearheaded by EPA with the goal of improving the fuel efficiency of trucking. However, most of the other recommendations call for federal action, including reducing the national speed limit to 65 miles per hour (mph), requiring truck manufacturers to set speed limiters at 68 mph or less, providing incentives for idle-reduction technologies, reducing congestion on highways, allowing trucks to carry larger volumes of freight, and setting fuel economy standards for medium- and heavy-duty trucks. 

Ohio Chemical Company Fined for the Sale of Non-Compliant Products in California

Earlier this month, the California Air Resources Board (ARB) fined Ohio-based Blaster Chemical Company $158,000 for selling illegal rust-removing spray around the state.

ARB investigators found that between 2003 and 2006, 237,000 cans of Blaster Chemical's "Fabulous Blaster Penetrating Catalyst," used to dislodge rusted metal parts, was illegally distributed and sold at multiple retailers throughout California. The products contained illegal amounts of volatile organic compounds (VOCs) that ARB strictly regulates through its consumer products program.

"Reducing VOC emissions from consumer products is an integral part of California's effort to reduce smog," ARB Chairman Mary Nichols said. "Companies that violate the law will be cited."

ARB's consumer products program is part of an overall effort to reduce VOC emissions, which contribute to smog. VOCs are in many commercially available products used in households, businesses, and industries. Under the energy of the sun, VOCs form ground-level ozone.

Ground-level ozone, or smog, has harmful effects on the body, including lung inflammation and tissue damage, impaired lung functioning, coughing, chest tightness, and the worsening of asthma symptoms. Those at greatest risk are the elderly and children, and those who spend greater amounts of time outdoors during smoggy periods.

Statewide peak ozone averages have been reduced by 50% since 1986; however, California's population growth requires continued emission reductions to meet federal clean air standards.

MassDEP Enforcement Sweep Finds Excessive Cardboard Disposal

A number of Massachusetts businesses continue to throw away large volumes of easy-to-recycle cardboard in spite of a state ban on its disposal, according to a Massachusetts Department of Environmental Protection (MassDEP) report last week.

The agency sent inspectors to dozens of solid waste facilities in the last year to monitor disposal ban compliance and cited 10 companies and 4 waste haulers for throwing away too much cardboard and other recyclable material.

"Sending recyclables to landfills and incinerators is a senseless waste of raw material and money," MassDEP Commissioner Laurie Burt said. "Our waste ban inspections are aimed at helping business owners realize how much money they can save by reducing disposal and how valuable recyclables can be as a commodity."

Commissioner Burt said recycling markets are incredibly strong in the Northeast right now, with cardboard prices at an all-time high, representing an opportunity to increase diversion of many materials.

An estimated 1.5 million tons of paper products are disposed in landfills and incinerators across the state annually. With the average waste disposal cost of $80 per ton, businesses are spending more than $120 million to throw away material that is supposed to be recycled. The amount of cardboard thrown away is worth $87 million on the commodities market, over and above any disposal cost savings.

Recycling all paper products currently thrown away in Massachusetts would also save the equivalent of approximately seven million barrels of oil or 320 million gallons of gasoline per year, as well as reduce greenhouse gas emissions by nearly 1 million metric tons annually.

First implemented in 1991, the state's disposal bans have spurred markets for recycled materials and saved businesses and municipalities millions of dollars by cutting their disposal costs. The recycling industry also supports more than 19,000 jobs in Massachusetts.

The following companies were cited for waste ban violations during this inspection sweep: ABC Disposal, New Bedford; American Pride Seafood Processing, New Bedford; Beaumont Sign Co., Inc., New Bedford; BFI, Inc., Fall River; Brex America, Inc., South Easton; Chiquita Brands International, Mansfield; Complete Disposal Co., Westfield; Demoulas Market Basket, Leominster; Desco Professional Builders, Ellington, Conn.; EZ Disposal Systems, Revere; Hasbro, Inc., East Longmeadow; Lowe's, Brockton and Raynham; Odwalla Products, East Taunton; and Teen Challenge Thrift Store, Brockton.

Most observed violations involved excessive disposal of paper products. In some cases, 80% of the material being thrown away was cardboard. Also observed was the disposal of white goods and wood. Each violator was issued a notice of noncompliance with the waste ban regulation. They also are required to draw up and submit to MassDEP a plan to stop disposal of banned materials.

EPA to Audit Missouri’s UST Inspection Program

Over the next several months, EPA Region 7 will audit the Missouri Department of Natural Resources' underground storage tank (UST) inspection program.

From May through July, EPA will inspect approximately 80 facilities that were inspected by the department and its contractor in state fiscal year 2008. EPA will send letters to each facility notifying them of its plans and requesting certain records be available on-site for inspection.

EPA will also be auditing the department's compliance and enforcement program as part of its routine oversight of federal environmental programs. The audit is designed to ensure the state follows technical regulations and program authorization requirements.

Federal and state technical regulations for USTs are designed to reduce UST releases, detect leaks and spills when they do occur, and secure a prompt cleanup. UST owners and operators are responsible for reporting and cleaning up any releases.

EPA delegates oversight of UST programs to state government and approves the state regulation and compliance of the program.

New York DEC Website Offers a New Mapping Gateway

New natural resource maps and other environmental information are part of a recent expansion of the New York State Department of Environmental Conservation's (DEC) website, Commissioner Pete Grannis announced.
The Mapping Gateway combines existing web mapping applications and map collections with new offerings, including a full-featured, interactive data inventory and map viewer. For instance:

• Anglers can explore many of the state's waterbodies and view the depth contours, water surface area, mean depth, and available fish species.
• Birders can locate DEC-designated Bird Conservation Areas across the state and learn more about the species and habitat characteristics of a particular site.
• Hikers and hunters can view printable maps of Wildlife Management Areas and state forests, as well as explore the State lands Interactive Mapper to create custom maps of recreational trails on DEC lands.
• Residents can use an interactive viewer to find locations of many of the known, active contaminated sites being addressed by DEC in their community.
• GIS professionals will find descriptive information about how, when, and by whom a specific set of data was collected and how the data is formatted and accessed.

 

The map viewer and other Geographic Information System (GIS) tools will provide the public with important location-specific information about many of the programs DEC manages, such as the locations of Brownfields, dams, and critical habitats. The Mapping Gateway will also provide private experts with access to several environmental databases developed by DEC staff.

DEC has been using GIS technologies since the 1980s as part of the routine work done to monitor and track environmental conditions around the state. As a member of the New York State GIS Data Sharing Cooperative, DEC also provides access to its geographic data via the New York State GIS Clearinghouse, managed by the state Office for Technology.

"Whether it's managing the water quality of the Great Lakes or supporting the cleanup of a Brownfield site, every program managed by DEC deals in some way with the space we live in,” Commissioner Grannis said. “The DEC relies on geographic data to enhance decision-making and strengthen the services we offer, and we look forward to sharing that information with the public."

Among DEC's new Mapping Gateway features is a "Virtual Globe Data" link where visitors can access information, such as lake contour maps for selected waterbodies statewide. After downloading virtual globe software such as Google Earth, this section enables visitors to view interactive aerial representations of DEC Bird Conservation Areas, Environmental Remediation Sites, New York State Inventory of Dams, and a detailed map of Northern–Southern Hunting Zone line.

Users can also browse the available GIS data by category. More than 35 GIS data sets are available on the Gateway with new topics being added regularly. In addition to enhancing the general public's access to DEC information, the Mapping Gateway also provides GIS professionals with valuable insight into the data sets collected by DEC and has the capability to display data from other organizations (EPA, USGS, etc.). In addition, by taking advantage of the hundreds of existing online data sources, users can view DEC data within the geographic context of a diverse range of local, state, and national data sets.

Federal Court Strikes Rule Exempting Oil and Gas Projects From Clean Water Rules

A federal court struck down a rule exempting oil and gas development projects from pollution-prevention requirements of the Clean Water Act (CWA). The 9th Circuit Court of Appeals ruled against the EPA in a case brought by the Natural Resources Defense Council (NRDC). The decision will protect thousands of streams throughout the West from sediment contamination caused by energy exploration and development, according to NRDC.

"it is well known that sediment pollution from oil and gas development can impair water quality and destroy aquatic habitat,” NRDC Attorney Aaron Colangelo said. “Yet, under the guise of enforcing the 2005 Energy Act, EPA exempted projects from the requirements of the Clean Water Act. Today, the court rightly decided that the EPA rule was arbitrary and capricious. The law clearly requires oil and gas projects to apply for permits and install pollution controls to protect water quality.

“The explosion of oil and gas exploration and production poses a serious threat to water quality throughout the West. Sediment from projects runs off into streams and rivers; harming aquatic life; increasing water treatment costs for towns and cities; decreasing property values; and interfering with recreational activities, such as boating, swimming, and fishing."

New Titanium Manufacturing Process Saves Energy

Whether for stopping cars or bullets, titanium is the material of choice, but it has always been too expensive for all but the most specialized of applications.

That could change, however, with a non-melt consolidation process being developed by Oak Ridge National Laboratory (ORNL) and industry partners. The new processing technique could reduce the amount of energy required and the cost to make titanium parts from powders by up to 50%, making it feasible to use titanium alloys for brake rotors, artificial joint replacements, and, of significant interest now, armor for military vehicles.

"We recently exhibited the new low-cost titanium alloy door made by ORNL for the Joint Light Tactical Vehicle, which is a next-generation combat vehicle," said Bill Peter, a researcher in ORNL's Materials Science and Technology Division. "By using a titanium alloy for the door, BAE Systems was able to reduce the weight of its vehicle, yet, at the same time, decrease the threat of armor-piercing rounds."

The lightweight titanium alloy also improves the operation of the door and increases mobility of the vehicle, making it even more useful to the military.

Peter noted that the non-melt approach, which includes roll compaction for directly fabricating sheets from powder, press and sinter techniques to produce net shape components and extrusion, offers many advantages over traditional melt processing.

"Instead of using conventional melt processing to produce products from titanium powder, with the new method the powders remain in their solid form during the entire procedure," Peter said. "This saves a tremendous amount of energy required for processing, greatly reduces the amount of scrap, and allows for new alloys and engineered composites."

While powder metallurgy has been used to produce components for many years, titanium products have not widely been fabricated using these methods because of the high cost of conventional titanium powders. Now, however, new low-cost titanium powders are enabling ORNL, International Titanium Powders, Ametek, and BAE Systems to develop these technologies for titanium.

In coming years, researchers expect lightweight, corrosion-resistant titanium alloys to make their way into many other products, including automobiles, which will benefit from the decreased weight and will be able to deliver improved fuel economy.

The titanium alloy door was produced through a collaboration among the Department of Energy's Office of Energy Efficiency and Renewable Energy, the Department of Defense's Advanced Research Projects Agency, and BAE Systems.

MDE Issues Waste Enforcement Actions

The Maryland Department of the Environment (MDE) Waste Management Administration protects human health and preserves and restores land and water resources by reducing the quantity and toxicity of generated wastes through waste diversion; ensuring the control and proper disposal of waste; managing lead-paint compliance activities; assuring that oil is handled in an environmentally safe manner; and overseeing the remediation of contaminated sites for viable economic development.

“Through these enforcement actions, the Maryland Department of the Environment continues to take significant steps to protect the health of all Marylanders, especially our children,” Governor Martin O’Malley said.

The Waste Management Administration released the following enforcement actions between January 15 and April 15, 2008.

Solid Waste

Improper handling of society's by-products in the form of domestic, commercial, and industrial wastes can pose direct threats to both the public health and the quality of Maryland's water resources. Since 1914, Maryland has had laws governing how solid wastes are to be handled to minimize the significant risks posed by these materials, which require that a state refuse a disposal permit be issued before anyone can construct or operate a landfill. "Illegal dumpers should be on notice that MDE will go to any legal extent necessary to stop and punish this sort of behavior," MDE Secretary Shari T. Wilson noted.

• On Jan. 31, 2008, MDE issued a Consent Order to Mona Enterprises, Inc., et al. requiring that they pay a civil penalty of $12,000 for violations of solid waste laws. Mona had operated an unpermitted dump for wood waste and some demolition debris on their property in Charles County. MDE sued them in Charles County Circuit Court to stop this unpermitted operation, which led to the settlement. Modern landfills are required to have both the state permit and sophisticated systems to keep pollutants from escaping the landfill, which the Mona site lacked. In addition to paying the penalty, Mona is also required to clean up the dump, which is ongoing.

 

Oil Control

The MDE Waste Management Administration (WAS) is responsible for ensuring that USTs are operated in a manner that protects groundwater. Under Maryland law, when there is a release, MDE requires corrective action to remediate the contamination and can assess fines.

 

“Leaking underground storage tanks can pose significant risks to groundwater,” MDE Secretary Shari T. Wilson said. “MDE’s aggressive enforcement helps to protect the public health by protecting groundwater, which can be an important source of drinking water.”

• On March 28, 2008, MDE issued a Consent Order equaling $40,000 to Euclid of Virginia, Inc., and 3507 Enterprise, LLC for violations of Maryland’s Oil Pollution Laws.

 

Lead Violations

“Lead is one of the most significant and widespread environmental hazards for children in Maryland,” MDE Secretary Shari T. Wilson said. “MDE’s aggressive enforcement of our lead laws is critical to eliminating childhood lead exposure by the year 2010.”

Children are at greatest risk of lead poisoning from birth to age six, while their neurological systems are developing. Sustained exposure to lead can cause long-lasting neurological damage or death. Effects of sustained exposure include learning disabilities, shortened attention span, irritability, and lowered IQ.

The major source of exposure for children is lead paint dust from deteriorated lead paint or from home renovations. Most childhood exposure occurs through children's normal hand-to-mouth activity after contact with a source of leaded dust. The most effective prevention of childhood lead poisoning is to reduce or eliminate exposure.

MDE’s Lead Poisoning Prevention Program serves as the coordinating agency of statewide efforts to eliminate childhood lead poisoning. Under the 1994 "Reduction of Lead Risk in Housing Law," MDE assures compliance with mandatory requirements for lead-risk reduction in rental units built before 1950; maintains a statewide listing of registered and inspected units; and, provides blood lead surveillance through a registry of test results of all children tested in Maryland.

MDE issued the following lead enforcement actions totaling $770,850:

• Omar Osman, Decatur, Ga.—four affected properties. On Jan. 24, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Omar Osman equaling $35,000 for properties that were out of compliance with risk-reduction standards.
• Steve A. Foland, Linthicum, Md.—four affected properties. On Jan. 25, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Steve A. Foland equaling $25,500 for properties that were out of compliance with risk-reduction standards.
• Glenn W. Smith, Cambridge, Md.—one affected property. On Jan. 31, 2008, MDE issued an Administrative Complaint, Order and Penalty to Glenn W. Smith equaling $20,000 for a property that was out of compliance with risk-reduction standards.
• Andrew Osazuwa, Bowie, Md.—four affected properties. On Jan. 31, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Andrew Osazuwa equaling $27,500 for properties that were out of compliance with risk-reduction standards.
• Johnny Rhodes and Chaunte Edwards, Baltimore, Md.—eight affected properties. On Feb. 5, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Johnny Rhodes and Chaunte Edwards equaling $49,500 for properties that were out of compliance with risk-reduction standards.
• Edwin Ndubisi, Fort Washington, Md.—10 affected properties. On Feb. 11, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Edwin Ndubisi equaling $31,500 for properties that were out of compliance with risk-reduction standards.
• Shabana Yakcub and Mahesh Dayaram—14 affected properties. On Feb. 11, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Shabana Yakcub and Mahesh Dayaram equaling $15,000 for properties that were out of compliance with risk-reduction standards.
• Arthur Cooke t/a AC Enterprises, Baltimore, Md.—one affected property. On Feb. 12, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Arthur Cooke t/a AC Enterprises equaling $16,000 for a property that was out of compliance with risk-reduction standards.
• Franklin C. Showell, Catonsville, Md.—three affected properties. On Feb. 15, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Franklin C. Showell equaling $33,000 for properties that were out of compliance with risk-reduction standards.
• Cicely B.P. Payne, Dorchester Center, Mass.—one affected property. On Feb. 15, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Cicely B.P. Payne equaling $16,000 for a property that was out of compliance with risk-reduction standards.
• Michael Davis, Baltimore, Md.—two affected properties. On Feb. 15, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Michael Davis equaling $49,500 for properties that were out of compliance with risk-reduction standards.
• Kimberly F. Jones, Accokeek, Md.—affected properties. On Feb. 15, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Kimberly F. Jones equaling $33,000 for properties that were out of compliance with risk-reduction standards.
• Ronald D. Brasher, Columbia Md.—affected properties. On Feb. 22, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Ronald D. Brasher equaling $22,000 for properties that were out of compliance with risk-reduction standards.
• Betty Tunon, Glen Burnie, Md.—10 affected properties. Betty Tunon signed a Consent Decree with MDE on Feb. 22, 2008, agreeing to pay a civil penalty to MDE in the amount of $6,000.
• John A. Peoples and Bonnie L. Peoples, Rising Sun, Md.—John A. Peoples and Bonnie L. Peoples signed a Settlement Agreement and Consent Order with MDE on Feb. 22, 2008 in the amount of $10,000.
• Percy Mack, Baltimore, Md.—three affected properties. On Feb. 29, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Percy Mack equaling $13,000 for properties that were out of compliance with risk-reduction standards.
• Barry R. Glazer & Gina Gargeu, Baltimore, Md.—10 affected properties. On March 5, 2008, MDE issued an Amended Administrative Complaint, Order, and Penalty to Barry R. Glazer and Gina Gargeu equaling $40,000 for properties that were out of compliance with lead paint risk-reduction standards.
• Christopher A. Richardson, Columbia, S.C.—one affected property. On March 5, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Christopher A. Richardson equaling $14,850 for a property that was out of compliance with lead paint risk-reduction standards.
• Antonia Rivera, Silver Spring, Md.—two affected properties. On March 12, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Antonia Rivera equaling $32,000 for properties that were out of compliance with lead paint risk-reduction standards.
• Jeffrey E. Risberg, Baltimore, Md.—one affected property. On March 12, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Jeffrey E. Risberg equaling $16,500 for a property that was out of compliance with lead paint risk-reduction standards.
• Monique Tate, Fort Washington, Md.—two affected properties. On March 12, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Monique Tate equaling $23,000 for properties that were out of compliance with lead paint risk-reduction standards.
• Mark B. Howie, Randallstown, Md.—two affected properties. On March 12, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Mark B. Howie equaling $22,000 for properties that were out of compliance with lead paint risk-reduction standards.
• James McInerney, Bethesda, Md.—four affected properties. On March 12, 2008, MDE issued an Administrative Complaint, Order, and Penalty to James McInerney equaling $27,000 for properties that were out of compliance with lead paint risk-reduction standards.
• Tri County Properties, LLC, Centreville, Md.—six affected properties. On March 12, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Tri County Properties, LLC equaling $24,000 for properties that were out of compliance with lead paint risk-reduction standards.
• Rental Maintenance Corporation, Baltimore, Md.—three affected properties. On March 17, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Rental Maintenance Corporation equaling $16,500 for properties that were out of compliance with lead paint risk-reduction standards.
• Wong B. Johnson, Baltimore, Md.—two affected properties. On March 20, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Wong B. Johnson equaling $33,000 for properties that were out of compliance with lead paint risk-reduction standards.
• RMS Target Properties, LLC, Baltimore, Md., and RM-KENA, LLC, Albany, N.Y.—19 affected properties. On April 2, 2008, MDE issued an Administrative Complaint, Order, and Penalty to RMS Target Properties, LLC and RM-KENA, LLC equaling $33,000 for properties that were out of compliance with lead paint risk-reduction standards.
• Mitchell B. Mock, Jr., Baltimore, Md.—one affected property. On April 7, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Mitchell B. Mock, Jr. equaling $16,500 for a property that was out of compliance with lead paint risk-reduction standards.
• Angelo V. Bell, Dumfries, Virginia and Kevin Dozier, Baltimore Md.—eight affected properties. On April 7, 2008, MDE issued an Amended Administrative Complaint, Order, and Penalty to Angelo V. Bell and Kevin Dozier equaling $30,000 for properties that were out of compliance with lead paint risk-reduction standards.
• Horace Waybright and Evelyn Waybright and Waybright Joint Ventures, Gettysburg, PA.—six affected properties. On April 9, 2008, MDE issued an Administrative Complaint, Order, and Penalty to Horace Waybright and Evelyn Waybright and Waybright Joint Ventures equaling $40,000 for properties that were out of compliance with lead paint risk-reduction standards.

 

Go Green in Your Lawn and Garden This Summer

Looking for tips on how to save time, money, and the planet while tending to your lawn and garden this summer? Check out EPA's new GreenScapes exhibit at the U.S. Botanic Garden's summer exhibition "One Planet—Ours," which opened to the public on May 24. EPA's outdoor exhibit showcases lawn and garden care practices that are easy on the environment and on your wallet.

Summer is the perfect time to combine a green thumb with a green lifestyle. By following these simple tips, homeowners can save time and money, and improve the health and appearance of their lawn and garden.

• Mow regularly and leave the clippings on the lawn—the clippings will recycle into "free fertilizer."
• Water deeply, but infrequently, to prevent lawn disease and save water.
• Mulch flower and vegetable beds with compost or grass clippings to conserve water and control weeds.
• Identify insects before you spray, squash, or stomp—most insects are beneficial, not pests.
• Consider planting native trees and plants, especially ones with berries, fruits, and flowers to invite birds, butterflies, and other wildlife into your yard.

 

EPA's GreenScapes partnership program is designed to help preserve natural resources and prevent waste and pollution by encouraging companies, government agencies, and other entities to make more holistic decision