DOT Revises Security Plan Requirements

In consultation with the Department of Homeland Security and based on an evaluation of the security risks associated with specific types and quantities of hazardous materials, the DOT’s Pipeline and Hazardous Materials Safety Administration is revising the security plan requirements for shippers and carriers of hazardous materials. DOT is narrowing the list of materials with a potential for misuse in a terrorist incident as well as clarifying requirements related to security planning, training, and documentation.

• Any quantity of a Division 1.1, 1.2, or 1.3 material;
• A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with 49 CFR 172.504(c);
• A large bulk quantity of Division 2.1 material;
• A large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1;
• Any quantity of a material poisonous by inhalation, as defined in 49 CFR 171.8;
• A large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II;
• A quantity of a desensitized explosives meeting the definition of a Division 4.1 or Class 3 material requiring placarding in accordance with 49 CFR 172.504(c);
• A large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group Ior II;
• Any quantity of a Division 4.3 material;
• A large bulk quantity of a Division 5.1 material in Packing Groups I and II;
• Perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions, or gels;
• Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled;
• A large bulk quantity of Division 6.1 material;
• A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR 73 or the United States Department of Agriculture under 9 CFR 121;
• A quantity of uranium hexafluoride requiring placarding under 49 CFR 172.505(b);
• International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials including Highway Route Controlled quantities as defined in 49 CFR 173.403 or known as radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission;
• A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.

The rule becomes effective October 1, 2010, with voluntary compliance authorized beginning April 8, 2010. 

Advertising Opportunities Available

Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™. 

EPA Finalizes Transportation Conformity Rule PM2.5 and PM10 Amendments

The final PM amendments rule also addresses a court remand concerning hot-spot analyses; this portion of the rule applies to PM2.5 and PM10 and carbon monoxide nonattainment and maintenance areas.

Transportation conformity is a Clean Air Act requirement that ensures that federally supported highway and transit projects are consistent with state air quality implementation plans. Conformity helps protect public health through early consideration of the air quality impacts of transportation decisions in places where air quality does not currently meet federal standards or has not met them in the past.

The final rule provides guidance on how to implement transportation conformity under the 2006 PM2.5 national ambient air quality standards (NAAQS) to ensure that transportation planning and air quality planning are coordinated and that air quality is protected.

Conformity will apply in 2006 PM2.5 nonattainment areas for this NAAQS on December 14, 2010, based on the one-year grace period for newly designated areas in the Clean Air Act and the transportation conformity rule.

The final rule also updates the conformity regulation to:

• Include the requirements for demonstrating conformity for the 2006 PM2.5 NAAQS, including the regional emissions test(s) that would apply before and after SIP motor vehicle emissions budgets are established for the revised NAAQS;
• Update the baseline year for the interim emissions test to calendar year 2008 in 2006 PM2.5 nonattainment areas;
• Clarify which budgets PM10 nonattainment and maintenance areas would use for transportation conformity determinations, now that the annual PM10 standard has been revoked; and
• Clarify that federally funded or approved highway and transit projects in PM2.5, PM10 and CO nonattainment and maintenance areas must not delay timely attainment or achievement of other interim milestones.
  
  

The final rule improves the health and environmental benefits of the existing transportation conformity program by requiring new PM2.5 nonattainment areas and existing PM10 nonattainment and maintenance areas to use conformity tests that ensure that air quality is protected in areas that need to attain or maintain federal air quality standards. The final rule also clarifies that hot-spot analyses are performed in a manner consistent with the Clean Air Act’s public health and environmental requirements.

Do You Ship Batteries?

If you ship batteries by ground or air, you must comply with DOT or IATA regulations for how the batteries are packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. All personnel involved in the packaging, marking, labeling, or shipment of batteries must receive initial training, followed up by recurrent training every three years for ground shipments and every two years for air shipments.

On April 7, Environmental Resource Center is offering a webcast in which you will learn the regulations that apply to the types of batteries you ship, how to package them, when the packages must be drop-tested, the recent changes in the package marks, shipping papers, and emergency contact requirements.

NY Attorney General Investigating Disposal of Pharmaceutical and Other Wastes by Healthcare Facilities

Recently, Lisa Feiner, Assistant New York Attorney General sent a letter to the CEOs of healthcare facilities throughout New York state as part of an inquiry on the impact of pharmaceuticals on the state’s waterways.

The Attorney General’s office is arranging meetings with key personnel at each facility in which the organization is expected to produce documentation of waste management and disposal practices, including written policies, logs, and manifests related to the disposal of pharmaceutical and other wastes.

In February, New York’s Attorney General Andrew M. Cuomo filed settlements with five health care facilities located in the New York City watershed to immediately end the practice of disposing of pharmaceutical waste into the watershed. The settlements arise from a broad, ongoing investigation by Cuomo’s office into the pharmaceutical waste management practices of hospitals, nursing homes, and assisted living facilities. The settlements require each of the five healthcare facilities to immediately cease all discharges of pharmaceutical wastes into waterways within New York City’s watershed and, instead, direct them to waste management facilities capable of safely treating pharmaceuticals.

Use of Arizona’s Appendix B Soil Remediation Standards to Expire on May 5, 2010

Arizona’s revised Soil Remediation Standards rule, which became effective in 2007, included an expiration date for the previous soil remediation standards (i.e., Appendix B). Therefore, in accordance with Arizona Administrative Code (A.A.C.) R18-7-202(E), as of May 5, 2010 the use of Appendix B soil remediation standards will no longer be allowed and soil remediation projects must then comply with the Appendix A numeric soil remediation standards.

California Adopts New Used Oil Requirements

New requirements for used oil management have recently gone into effect effective in California. Senate Bill (SB) 546 (Lowenthal, Ch. 353, Stats. 2009) amended the Health and Safety Code and changes the Department of Toxic Substances (DTSC) requirements for used oil testing (and subsequent documentation) and out-of-state reporting requirements. 

Before a load of used oil is shipped to a transfer facility, recycling facility or to an out-of-state facility, the used oil must be tested to demonstrate that it meets all of the following criteria:

• Flashpoint above 100 degrees Fahrenheit,
• PCBs less than 5 ppm, and
• Total halogen content of 1000 ppm or lower. (Note: If the halogen content is higher than 1000 ppm, the presumption of hazardous waste may be rebutted.)

The transporter is responsible for ensuring that the used oil meets the above criteria through testing before acceptance at the transfer facility, recycling facility, or shipment out of state. The testing and analysis must be conducted at a laboratory that is accredited by the Department of Public Health. 

Used oil generators are not required to perform the used oil testing and analysis outlined in SB 546; however, the law does allow the generator to provide testing results to the transporter for the purpose of complying with the testing requirements. While not required to perform the used oil testing specified by SB 546, the generator must continue to comply with all hazardous waste generator requirements.

Supreme Court Refuses to Hear Air Pollution Case

The loophole, known as the “startup, shutdown, and malfunction” exemption effectively allowed major industrial polluters to exceed emissions standards whenever they claimed that their equipment “malfunctioned.”

Following the D.C. Circuit’s decision, EPA did not seek Supreme Court review, but American Chemistry Council and other major industry groups, which had intervened in the case, did.

“We’re pleased that the court has finally put an end to this litigation,” said Earthjustice attorney Jim Pew. “This air pollution exemption has caused terrible suffering in thousands of communities. No one disputes that it’s illegal. Under the Obama administration, EPA has already committed to rethink this loophole, and we look forward to working with the agency to bring relief to overburdened communities as soon as possible.”

The groups that brought the case, Sierra Club, Environmental Integrity Project, Louisiana Environmental Action Network, Coalition for a Safe Environment and Friends of Hudson, acted to protect their members and others who live in communities in the Gulf Coast, southern California, upstate New York, and across America that are subject to vast quantities of excess toxic pollution when refineries, chemical plants, and other industrial facilities exceed their emission standards as a result of alleged “malfunctions” as well as when operations startup and shutdown. During these events, toxic emissions can skyrocket, severely degrading air quality. And some facilities evade clean air protections by claiming that they are in “startup, shutdown and malfunction” mode during much of their operating time.

The loophole’s potential for abuse was on full display on September 25, 2009, when news outlets reported on a fire caused by a malfunction at the Tesoro Energy Corp’s Wilmington, California refinery. What most news reports don’t detail is the fact that the fire burned for more than 6 hours. That’s several hours of fumes emitted from a 100,000 barrel-per-day refinery. The refinery produces gasoline, jet fuel, diesel fuels, petroleum coke, and fuel oil.

Jesse Marquez, executive director for the Coalition for a Safe Environment, lives just three miles away from the Tesoro refinery. He was at the scene of the incident and said the malfunction began at 6 a.m. and for hours a noxious smell of crude oil and diesel fuel fumes filled the air. The refinery notified the elementary school a mile away of the fire but it did not inform residents. Not only did residents contend with poisonous emissions, the fire left soot on peoples’ cars and homes. The refinery eventually paid for the cost of cleaning homes and cars but did not reveal what public health risks occurred as a result of the hours-long exposure to these pollutants. Along with the Tesoro refinery, Wilmington—just four square miles—is home to the ConocoPhillips and Valero refineries.

“Almost every week a refinery has a malfunction and equipment break down and almost every year there is a fire,” said Marquez. “Each of these refineries exposes our children to hundreds of tons of toxic pollutants every year. I am pleased with the Supreme Court’s decision because we need strict rules to regulate refineries and they must be held accountable when their violations of emission standards put the public in harm’s way.”

“Hopefully as a result of this decision, companies will take responsibility for accidents that expose their neighbors to dangerous pollutants,” added Eric Schaeffer, director of Environmental Integrity Project. “The Clean Air Act doesn’t excuse ‘accidental’ pollution, and neither should the U.S. Environmental Protection Agency.”

Citizens of the state of Texas are also among those who will benefit from the Supreme Court’s decision. With more than 250 industrial sites, Texas is home to the nation’s largest number of refineries, chemical and petrochemical plants in the nation. The state is also one of a few that tracks pollutants released during startup, shutdown, and malfunction periods: according to state records, thirty facilities emitted more than forty-five million pounds of toxins in just one year during these off-the-books periods.

“Startups, shutdowns and malfunctions create some of the highest volumes and worst toxic air pollution released by large industrial factories, and nearby communities suffer the horrible impacts of the chemicals dumped into their air supply,” said Neil Carman, clean air director for the Sierra Club’s Lone Star Chapter and a former Texas state refinery inspector.

In nearby Louisiana, there are some 20 million pounds of air toxics pumped into the air each year, with one part of the state given the dubious nickname “Cancer Alley.”

“This is not about numbers on a page,” said Marylee Orr, executive director of Louisiana Environmental Action Network. “This is about making the air healthy to breathe, communities quality of life better and that will help the economy. We thank the Supreme Court for protecting people’s health.”

Susan Falzon of Friends of Hudson represents residents living near or downwind the Lafarge cement kiln plant in Ravena, New York. She said residents have been subjected to regular startup, shutdown and malfunction emissions incidents that have gone on for years with no enforcement actions taken.

“The incidents are largely unpublicized and therefore the general public is unaware of this danger,” Falzon said. “We are fortunate that there have been no major mishaps but at the same time we have been exposed to a slow and steady series of so-called minor incidents. Closing this loophole is a victory for our communities.”

“The court made the right decision; the Clean Air Act requires continued compliance with its standards,” said Jane Williams, Chair of Sierra Club’s Air Toxics Task Force. “This loophole has been a get-out-of-jail free card for far too long for dirty industries.”

NoMix Toilets get Thumbs-up in Seven European Countries

People in seven European countries have positive attitudes toward a new eco-friendly toilet that could substantially reduce pollution problems and conserve water and nutrients, scientists in Switzerland are reporting. Their article, which calls on authorities to give wider support for the innovative toilet technology, is in ACS’ Environmental Science & Technology, a semi-monthly journal:

Judit Lienert and Tove Larsen note in the article that the so-called NoMix toilet collects urine separately instead of mixing it together with feces as in conventional toilets. Urine contains 80% of the nitrogen and 50% of the phosphorus arriving at wastewater treatment plants. Separating it in advance could have a number of advantages. This includes a reduction in the amount of nitrogen and phosphorous nutrients that trigger algae blooms and in pharmaceutical residues, which can enter waterways and pose a threat to fish. Separating urine also allows its use as an agricultural fertilizer, the scientists note. However, scientists have not widely explored public attitudes about using this promising technology until now.

The scientists reviewed surveys on acceptance and use of NoMix toilets among seven European countries with responses from 2700 people. Those countries were Switzerland, Germany, Austria, Luxembourg, The Netherlands, Sweden, and Denmark. The researchers found that the technology is well-accepted, with about 80% of users expressing support of the idea, with many willing to use it at work or at home. Between 75 to 85% of the users found that the design, hygiene, smell, and seating comfort of the NoMix toilets equals that of conventional toilets. About 85% of users were open to the idea of using stored urine as fertilizer. “No Mix-technology deserves more support by authorities and mainstream research,” the article notes.

Preliminary Draft Regulation for California’s Renewable Electricity Standard Available

The California Air Resources Board has posted a Preliminary Draft Regulation for the Renewable Electricity Standard (RES). Also available is a Regulatory Question and Answer document for the Preliminary Draft Regulation. You can find both the Preliminary Draft Regulation and Regulatory Question and Answer document at the following links: 

These documents will be discussed at a public workshop on March 18, 2010. 

NY DEC to Mandate Closed Cycle Cooling Technology

The New York Department of Environmental Conservation (DEC) released a new proposed policy that will add significant protections for New York’s vital fisheries by slashing water intake at certain power plants and other industrial facilities, Commissioner Pete Grannis said.

DEC released its plan to implement best technology available (BTA) requirements under the federal Clean Water Act. The proposal calls for power plants and other facilities that use water for cooling purposes to recycle and reuse that water through a process known as closed cycle cooling technology. This will greatly reduce the amount of water withdrawn from New York rivers or other water bodies and, correspondingly, minimize the amount of fish, fish eggs, and larvae destroyed in the process.

“This new policy will produce significant environmental benefits,” Commissioner Grannis said. “By requiring modern recycling technology, New York’s marine resources will be afforded greater protection, including many marine fish species that are vital to the state’s commercial and recreational fishing industries but are being harmed by water intakes.”

A number of industrial facilities in New York use a cooling-water-intake system to withdraw large volumes of water crucial to their operations. Many power plants use a once-through cooling process that involves withdrawing water to condense steam that is used to spin turbines, and then returning the heated water back to the waterway. In contrast, closed cycle cooling technology re-circulates the water instead of discharging it after one use, reducing the impacts on aquatic life by more than 90%.

The federal Clean Water Act and state regulations require that decisions on what type of cooling-water-intake system to employ at a specific facility be based on the best technology available for minimizing environmental impacts.

Previously, DEC has not prescribed a specific technology to achieve BTA requirements. The proposed policy changes that approach by requiring the use of closed cycle cooling to meet BTA obligations.

The proposed policy would apply to nearly all facilities designed to withdraw 20 million or more gallons of water per day and that require a State Pollution Discharge Elimination System (SPDES) permit—unless an operator can demonstrate that closed cycle cooling technology cannot physically be implemented at a particular location. In that scenario, DEC will require other technologies to achieve essentially the same level of protection for aquatic life as closed cycle cooling. Such determinations typically are made when an operator applies for, or renews a SPDES permit.

“With this policy, New York is saying that closed cycle cooling is the best technology available and must be implemented to protect the environment,” Commissioner Grannis said. “This is a positive step forward that will result in long-term benefits for our natural resources.”

Workshop to Discuss Revisions to the California Mandatory GHG Reporting Regulation

On March 23, 2010, the California Air Resources Board staff is holding a workshop to discuss revisions to California’s Regulation for the Mandatory Reporting of Greenhouse Gas Emissions. These revisions are being considered to align California greenhouse gas reporting requirements with the federal greenhouse gas reporting requirements adopted by the EPA, and to support a proposed California greenhouse gas Cap-and-Trade Program. The revisions would apply to 2012 reporting.

Maine Grocers to Go Green

The Maine Department of Environmental Protection (DEP) will serve up its Green Grocery Store Initiative on March 17th at the Maine Grocer’s Association (MGA) and Maine Merchants Association (MMA) Spring Forum event at the Augusta Civic Center. The DEP’s voluntary program will assist Maine grocery stores to make wise investments and implement smart business practices. The stores can save money and improve the environment on their way to becoming certified Environmental Leaders. Maine grocery stores are receiving free assistance from the Maine DEP staff to help reduce operating costs and encourage their development as green businesses.

Environmental Leader certification is achieved by accumulating points from a checklist of environmentally preferable practices such as stormwater management for parking lots, improved energy efficiencies for refrigeration, heating, ventilation, lighting, availability of organic and locally grown food products, use of environmentally preferable cleaners, recycling and waste management practices, and administrative practices.

In addition to free technical assistance and finding energy reduction and other environmental practices that can save money, participating certified businesses earn the title of Environmental Leader and use of the logo. Environmental Leader certification programs for Maine’s hospitality and restaurant businesses are already very successful according to DEP’s Roy Krout. “Businesses want to find ways to save money and green their businesses and we are prepared to offer our assistance.” More than one hundred hospitality businesses have measured cost savings from reductions in energy usage and other resources on their way to the goal of becoming certified Maine Environmental Leaders.

Troy Plummer, Executive Board member of Maine Grocers Association values the voluntary nature of the program as well as the free technical assistance available from the DEP. “I hope all Maine grocers will take a look at this program,” states Plummer. “Being an Environmental Leader is beneficial to everyone.”

For information about the March 17th MGA & MMA Spring Forum call 207-622-4461.

New Jersey Raises over $9.1 Million for Clean Energy Projects in Quarterly Carbon Auction

New Jersey raised more than $9.1 million for job-generating clean energy projects during the state’s quarterly auction of carbon allowances, the Department of Environmental Protection’s (DEP) Acting Commissioner Bob Martin announced last week.

New Jersey has raised $64.5 million through six quarterly carbon auctions since December 2008. The auctions are administered by the DEP in coordination with other Northeast and Mid-Atlantic states participating in the Regional Greenhouse Gas Initiative.

“Through these auctions, the DEP is harnessing market forces to create clean energy projects that spur jobs and growth,” Commissioner Martin said. “The DEP is proving that doing the right things for the environment is also good for the economy.”

The DEP held two auctions on Wednesday. The first auctioned carbon allowances for the period ending in 2011. This auction generated $8.6 million, at $2.07 per allowance. The second auctioned allowances for the period 2012 through 2014, resulting in $509,000 proceeds at $1.86 per allowance.

The majority of the auction proceeds allow the state Economic Development Authority to provide zero-interest loans and grants to companies and institutions for renewable energy and energy efficiency projects. Proceeds also fund a DEP program that help local governments reduce carbon emission and another program that allows the DEP to protect forest and tidal marshes that capture carbon dioxide. The proceeds also fund a Board of Public Utilities consumer assistance program.

In addition to New Jersey, the Regional Greenhouse Gas Initiative includes Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont.

Weld Power Service Company Fined $4,375 Penalty for Hazardous Waste Violations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $4,375 penalty to Weld Power Service Company, Inc., of Auburn for violating MassDEP’s Hazardous Waste Management regulations.

Weld Power, services all types of emergency generators and automatic transfer switches. During an inspection of the company’s facility in May 2009, Weld Power was found to be violating several hazardous waste generation and management requirements. The company generated more waste oil than allowed under its registered status, and failed to properly mark and label hazardous waste containers, retain adequate inspection logs, provide adequate secondary containment, and to properly delineate and provide adequate signage at its waste oil storage area.

In a consent order, Weld Power agreed to comply with applicable regulations and pay the penalty.

“The Hazardous Waste Management regulations are in place to protect public health and the environment,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. “It is important for companies to be fully aware of those provisions.”

Deadline Approaches for Inspection of USTs in Massachusetts

The first compliance cycle ends on August 8, 2010. UST(s) must have undergone the initial required inspection(s) by that date. Thereafter, must be inspected at least once every three years (meaning the next compliance cycle ends on August 8, 2013).

This initial compliance deadline in Massachusetts is quickly approaching. To avoid delays and possible enforcement action, facilities in Massachusetts should make arrangements to have UST(s) inspected as soon as possible and to then submit the required Third-Party Inspection Report(s) ) to MassDEP by the compliance deadline of August 8, 2010. MassDEP will be monitoring compliance and may take enforcement action when deadlines are missed.

Landowner Pleads Guilty in Poisoning Death of Two Bald Eagles in Allegany County

Following an investigation, the New York Department of Environmental Conservation (DEC) determined that two bald eagles were poisoned after secondarily ingesting a highly toxic pesticide that was improperly applied on a Western New York farm. As a result, the landowner, Richard Sekoll of Willing, New York, was charged with and pleaded guilty to violating state pesticides laws and fish and wildlife laws and paid $3,000 in fines, Regional DEC Police Captain David W. Bennett announced.

“DEC actively enforces pesticide laws in New York State in accordance with Environmental Conservation Law,” Captain Bennett said. “Even if unintentional, improper use of pesticides can pose a serious threat to wildlife. It is extremely important for pesticide applicators to be familiar with and adhere to all applicable pesticide regulations and precautions each time pesticides are applied.”

DEC began its investigation last fall after receiving a call that two dead bald eagles were found near the Genesee River. After examining the area, DEC officials sent the eagles to DEC’s Wildlife Pathology Unit, where lab results indicated that the birds died of poisoning from consumption of carbofuran arbomate. The poisoning likely occurred after the eagles ingested prey (other birds) that consumed the pesticide.

Working cooperatively with DEC’s Division of Pesticides and the Division of Wildlife, as well as with the U.S. Fish and Wildlife Service, Environmental Conservation Police determined that a farm within 500 yards of where the dead eagles were recovered had purchased a pesticide known as Furadan in 2008. After obtaining a search warrant, DEC found 35 dead geese and two dead crows in a corn field at the farm. Samples of these birds were also sent to DEC’s Wildlife Pathology Unit for testing, where it was confirmed that they too died from ingestion of carbofuran arbomate.

Furadan is an infrequently used agricultural grade pesticide that is considered highly toxic and is fatal if ingested by waterfowl. For that reason, EPA has banned its use in granular form (granules are mistaken by birds as seeds). On Long Island, Furadan is banned entirely.

Interviews revealed that Sekoll had applied an amount of leftover Furadan to a cut sweet corn field in order to use up the product. DEC Environmental Conservation Police have charged Sekoll with:

• One count of failure to maintain annual records for restricted use pesticide applications
• One count of failure to prevent the contamination of wildlife while using or applying a pesticide
• One count of unlawful taking of a bald eagle (adult bird)
• One count of unlawful taking of a bald eagle (immature bird)
• 37 counts of taking wildlife in contravention to the Fish & Wildlife Law

Due to the high toxicity of Furadan, it is classified as a restricted pesticide in New York State and may not be used in areas where waterfowl are known to frequent. Only licensed and certified pesticide applicators may obtain and apply it; they must maintain detailed usage records and follow the specific label precautions exactly when applying. Because of its toxicity, it is not frequently used in agriculture.

15% Cut in U.S. Carbon Emissions Achievable through Simple Inexpensive Personal Actions

New analysis released at a symposium on “Climate, Mind, and Behavior” reveals that Americans can reduce U.S. carbon pollution by 15%—or one billion tons of global warming pollution—through collective personal actions that require little to no cost.

“While our nation develops clean energy strategies to reduce large-scale industrial pollution, this study empowers individual Americans with the knowledge that they can take action today in their daily lives,” said Peter Lehner, Executive Director of the Natural Resources Defense Council. “We all have an opportunity to significantly reduce climate change pollution and cut costs at the same time.”

Focusing exclusively on simple and affordable behavioral changes, the research indicates that Americans can reduce our nation’s annual carbon emissions by one billion metric tons below business-as-usual emission levels by 2020 through small modifications in the sectors of home energy use, transportation, food consumption, and waste. One billion metric tons is equivalent to 15% of the United States’ 7 billion tons of annual greenhouse gas (GHG) emissions and roughly equivalent to the total annual emissions of the United Kingdom and Saudi Arabia combined.

Suggested behavioral changes in the study include: reducing unwanted catalog subscriptions, decreasing vehicle idling, using a programmable thermostat, replacing seven lightbulbs with CFLs, setting computers to hibernate mode, shutting off unused lights, and eating poultry in place of red meat two days per week. All of the recommendations offered in the study are available to be adopted immediately, at little or no cost, and will reduce not only emissions, but home energy, transportation, and food costs as well.

The analysis details how each of the common sense actions can result in significant emissions reductions when implemented across the country. For example, if Americans collectively cut personal food waste in by 25%, the nation could eliminate 65 million tons of GHGs, which is approximately the emissions generated from 11 million cars—or roughly all the cars in New York and Missouri combined.

The findings were presented this week by NRDC executive director Peter Lehnerat the Garrison Institute’s Climate Mind and Behavior symposium, which convened leading thinkers and practitioners in the fields of climate change and environmental advocacy, neuro-, behavioral and evolutionary economics, psychology, policy-making, investing, and social media.

“The behavioral approach by no means replaces or competes against other policy, regulatory, market and technology innovations which we need,” said Jonathan Rose, co-founder of the Garrison Institute. “But it’s one key front among others in the quest for climate and energy solutions, and conservation now is key while we move forward on those other fronts. Economists and people who study behavior and decision-making have broken through to new understandings of human behavior and human choices, based on brain physiology and evolution. They can explain for example why we may be slow individually to do simple things well within our capability that would reduce our climate impacts, even though it would be in our interests to do so, or why we are much more likely to make those changes when we know we’re not alone, that others will do it too, and our contributions will aggregate. The opportunity now is to start applying these sorts of insights concertedly to get people to adopt them faster.”

Participants in the symposium were tasked with working together on ways to get individuals to shift behavior on a large scale, and sketched out dozens of new collaborations, from community organizing to building management to communications and social networking—all designed to actualize the massive potential for positive climate impacts through individual choices and behavior shifts.

“Neo-classical economics provides a powerful model for thinking about the world, but new research in behavioral economics highlights the ways in which neo-classical economics only give us a partial view,” said Rebecca Henderson, co-director of the Harvard Business School’s Business and Environmental Initiative and a participant in the symposium. “Behavioral economics may be able to help us make progress on meeting the challenges of climate change; the new research points out how our decisions are driven not only by self-interest and the dynamics of the market but also by our emotions, by our commitments to the communities of which we are part, and by our innate sense of fairness. I think this work has the potential to help us design and implement large-scale behavioral changes, not only on the individual level, but in organizations, policies and markets.”

World’s Top Scientists to Review IPCC Climate Change Data

The InterAcademy Council (IAC), a multinational organization of the world’s science academies, has been requested to conduct an independent review of the Intergovernmental Panel on Climate Change (IPCC) processes and procedures. The study comes at the invitation of the United Nations secretary-general and the chair of the IPCC, and will help guide the processes and procedures of the IPCC’s fifth report and future assessments of climate science.

The IAC has been asked to establish an ad hoc Independent Evaluation Group (IEG) of experts from relevant fields to conduct the review and to present recommendations on possible revisions of IPCC practices and procedures. In addition, the IEG is asked to recommend measures and actions to strengthen the IPCC’s capacity to respond to future challenges and ensure the ongoing quality of its reports.

Founded in 2000, the IAC was created to mobilize top scientists and engineers around the world to provide evidence-based advice to international bodies such as the United Nations and World Bank—including preparing expert, peer-reviewed studies upon request. The IAC Board is composed of the presidents of 15 academies of science and equivalent organizations—representing Argentina, Australia, Brazil, China, France, Germany, India, Indonesia, Japan, South Africa, Turkey, the United Kingdom, and the United States, plus the African Academy of Sciences and the Academy of Sciences for the Developing World (TWAS)—and representatives of the InterAcademy Panel (IAP) of scientific academies, the International Council of Academies of Engineering and Technological Sciences (CAETS), and the InterAcademy Medical Panel (IAMP) of medical academies. The IAC Secretariat is hosted by the Royal Netherlands Academy of Arts and Sciences (KNAW) in Amsterdam. The IAC Board has final approval authority over conducting and publishing IAC studies.

The IAC is currently led by two co-chairs, Robbert Dijkgraaf, president of the Royal Netherlands Academy of Arts and Sciences, and Lu Yongxiang, president of the Chinese Academy of Sciences. Following IAC board approval of the review, the IAC co-chairs will appoint members of the IEG after a vetting process to assure their expertise, balance of perspectives, and absence of conflicts of interest. They will be volunteers who serve pro bono; only their travel and meeting expenses will be paid. Participants in the IEG will not be under obligation to any government, the IPCC, or the United Nations. The IAC and IEG will receive financial support for their work from the United Nations. Because work on the Fifth Assessment of IPCC has already commenced, the IEG has been asked to deliver its findings by August 31, 2010.

Robbert Dijkgraaf said he was pleased to be representing the world’s scientists and science academies. “The InterAcademy Council,” he said, “is prepared to take on the challenge of this important review of the work and processes of the Intergovernmental Panel on Climate Change. Our goal will be to assure nations around the world that they will receive sound, definitive scientific advice on which governments and citizens alike can make informed decisions.”

Lu Yongxiang recalled that when the IPCC was created by the World Meteorological Organization and the United Nations Environment Programme in 1989, its charge was to provide scientific and comprehensive information about climate change. “With this review,” he said, “the IAC will carefully examine the IPCC’s procedures, processes, and types of products to ensure that climate change issues will be scientifically presented and solid science-based recommendations will be provided in future IPCC assessment reports.”

“I welcome Secretary-General Ban Ki-moon’s decision,” said Ralph J. Cicerone, IAC board member and president of the U.S. National Academy of Sciences, “to recruit experts from the world’s science community for this independent review of the IPCC, examining both its strengths and any areas where changes may be needed to produce the best possible assessments of climate science.”

Lord Martin Rees, IAC board member and president of the Royal Society, said, “Climate science is inherently complex, integrating many different disciplines and kinds of data. The IPCC’s role in assessing and expounding the latest scientific findings is getting ever more important. This independent review of its procedures is timely and important, as an aid to ensuring that future reports, which will assess new and updated research, are optimal resources for making sense of climate change and helping policymakers respond to it.”

Climate Change and POPs Focus of New International Study

The UNEP Stockholm Convention Secretariat has announced a major international study into the influence of climate change and persistent organic pollutants (POPs) on human health and the environment.

POPs are substances that are persistent, bioaccumulative, and toxic and can affect generations of humans. Some POPs are also considered to be endocrine disrupters, which, by altering the hormonal system, can damage the reproductive and immune systems of exposed individuals as well as their offspring. POPs can also have developmental and carcinogenic effects.

Among sensitive populations, children, the elderly, and people whose immune systems are suppressed are typically more susceptible to many kinds of pollutants, including POPs.

Announced to coincide with the 5th Environment and Health Ministerial Conference in Parma, Italy, March 10-12, 2010, the study will involve more than 10 organizations in five countries reviewing the latest science to inform the assessment of current and new POPs.

Some data suggest that higher temperatures can make wildlife more sensitive to exposure to certain pollutants, Dr. Fatoumata Keita-Ouane, the UNEP scientist leading the study of POPs and Climate Change, said. In the Arctic region, climate change can be expected to alter the exposure levels of marine mammals such as seals or the polar bear through a variety of means including changes in long-range atmospheric and oceanographic transport along with biotransport and the melting of the ice caps.

“Exposures to POPs in combination with other factors, such as the expanding range of disease vectors and immune suppression, could also have a detrimental effect on certain organisms, the food web and biodiversity,” Dr. Keita-Ouane said.

Increase in the levels of POPs found in air and water due to releases from melting ice and snow, combined with possibly higher emissions induced by climate change would augment the vulnerability of exposed organisms including humans, either directly or through the food chain, resulting in greater adverse impacts on human health and the environment.

The study will provide an overview to give the scientific community and policy makers a better understanding of the effects of climate change on emissions, environmental distribution, toxicity, and exposure to POPs.

The outcomes of the 12-month study are expected to result in policy recommendations on how to mitigate the impacts of POPs under Europe’s—and the globe’s—changing climate.

The study will be conducted with partners from the Arctic Monitoring and Assessment Program (AMAP), Environment Canada, Fisheries and Oceans Canada, the Swiss Federal Institute of Technology, University of Bern, the European Monitoring and Evaluation Program (EMEP), University of Texas, Laval University (Canada), University of Concepci?n (Chile), International POPs Elimination Network (IPEN), and other institutions. The objective of the Stockholm Convention is to protect human health and the environment from POPs.

Norfolk Southern to Pay $4 Million Penalty for Fatal Chlorine Release

Norfolk Southern Railway Company has agreed to pay a $4 million penalty to resolve alleged violations of the Clean Water Act (CWA) and hazardous materials laws for a 2005 chlorine spill in Graniteville, South Carolina, the Justice Department and EPA have announced.

Under the settlement filed in federal court in Columbia, South Carolina, Norfolk Southern will be required to pay a civil penalty of $3,967,500 for the alleged CWA violations, to be deposited in the federal Oil Spill Liability Trust Fund. The alleged CWA violations, included in an amended complaint filed in March 2009, are for the discharge of tons of chlorine, a hazardous substance, from a derailed train tank car and thousands of gallons of diesel fuel from ruptured locomotive engine fuel tanks. For the alleged Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) violation for failure to immediately notify the National Response Center (NRC) of the chlorine release, Norfolk Southern will also pay a penalty of $32,500, to be deposited in the Hazardous Substance Superfund.

The settlement addresses the January 6, 2005, Norfolk Southern train derailment in Graniteville, South Carolina. During the derailment, one of the train’s tank cars was punctured and released chlorine gas. Nine people died as a result of chlorine exposure and hundreds of people sought medical care due to respiratory distress. The incident resulted in the evacuation of more than 5,000 people living and working within a 1-mile radius of the release area. A cloud of the gas settled over nearby Horse Creek and its tributaries and was absorbed into the water in sufficient quantity to kill hundreds of fish. Two of the engines involved in the crash leaked diesel fuel, a portion of which reached Horse Creek.

“This agreement includes a significant civil penalty for the catastrophic chlorine spill, which resulted in loss of human life and damage to the environment, and ensures that those responsible are held accountable under the law,” said Bob Dreher, Principal Deputy Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.

“This settlement reflects the agency’s commitment to ensure compliance with our nation’s environmental laws,” said Stan Meiburg, EPA Acting Regional Administrator in Atlanta. “Companies have a responsibility to workers, emergency responders and the community to make sure a serious accident doesn’t become a senseless tragedy.”

Under the terms of the agreement, Norfolk Southern will provide incident command system training to environmental and transportation personnel; stock nearby Langley Pond with at least 3,000 fish to replace fish killed by the chlorine spill; and post the telephone number for the NRC to facilitate spill reporting. Further, the settlement includes a supplemental environmental project valued at $100,000 to plant vegetation along the banks of Horse Creek to decrease erosion and sedimentation, thereby improving water quality in Horse Creek.

Chlorine is defined as a “hazardous substance” under CERCLA and CWA, and can cause significant harm to human health and the environment. In humans, chlorine corrodes the respiratory tract and can cause severe eye and skin burns, lung collapse and death. Chlorine is also toxic to marine life and vegetation. Chlorine reacts with water to form a strongly oxidizing solution that can damage the gills of fish and other organisms, inhibiting their ability to absorb oxygen.

The consent decree was filed in the U.S. District Court for the District of South Carolina and is subject to a 30-day public comment period and court review and approval. 

Dolberry Energy Resource Corp. Fined for Lack of SPCC Plan

EPA fined Dolberry Energy Resource Corp., of Dallas, Texas, $1,000 for violating federal Spill Prevention Control and Countermeasure () regulations outlined under the Clean Water Act.

A federal inspection of an onshore oil production facility located near Brookshire in Waller County, Texas, found no evidence of an SPCC plan for the facility. SPCC regulations require certain onshore oil production and bulk storage facilities provide oil spill prevention, preparedness, and responses to prevent oil discharges. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that an SPCC plan has been prepared for the facility and certified by a professional engineer.

Revised Guidance for the Public Notification Rule

EPA has revised and released three guidance documents for the Public Notification (PN) Rule: The Revised State Implementation Guidance for the Public Notification (PN) Rule, the Revised Public Notification Handbook, and the Revised Public Notification Handbook for Transient Noncommunity Systems. These documents provide implementation guidance to assist EPA Regions and states exercising primary enforcement responsibility (primacy) under the Safe Drinking Water Act (SDWA) as well as guidance to aid public drinking water systems in complying with the Public Notification (PN) Rule.

The documents have been updated to provide support and direction to the regulated community and to the public regarding EPA’s interpretation of the PN Rule since the addition of the Ground Water Rule, the Long Term 2 Enhanced Surface Water Treatment Rule, the Lead and Copper Rule–Short Term Revisions, and the Stage 2 Disinfection Byproducts Rule.

Exelon Agrees to Pay $1 Million for Tritium Releases

Illinois Attorney General Lisa Madigan and the State’s Attorneys of Will, Ogle, and Grundy counties have reached a settlement with Exelon Generation Corporation resolving the environmental consequences of radioactive tritium leaks into the groundwater beneath the Braidwood, Byron, and Dresden nuclear power plants.

Madigan said Exelon will pay more than $1 million to resolve three separate civil complaints that she and the State’s Attorneys filed jointly, including civil penalties totaling $628,000 and $548,000 to fund several Supplemental Environmental Projects in and around the communities where the power plants are located.

“It is imperative that Illinois’ nuclear power plants are operated in a manner that does not endanger public health or the environment,” Madigan said. “I appreciate the involvement and assistance of State’s Attorneys Glasgow, Roe, and Sobol in reaching these successful settlements. Through these actions, we are working to ensure that proper clean up has occurred and to put in place protections to prevent tritium leaks in the future.”

Braidwood Nuclear Power Station

In March 2006, Attorney General Madigan and Will County State’s Attorney James Glasgow filed a suit against Exelon for violations that included a series of releases of tritiated water at the Braidwood Nuclear Power Station resulting from malfunctions in the facility’s blowdown line. The blowdown line is an underground pipe that carries wastewater, including tritiated water, approximately four and one-half miles from the power plant to the Kankakee River. Health experts claim that human exposure to tritium can increase the risk of developing cancer.

According to the settlement filed in Will County Circuit Court, Exelon has complied with the terms of the May 2006 Agreed Order obtained by Madigan and Glasgow which, among other things, required Exelon to make modifications to the blowdown line to avoid future leaks, install alarms and leak detection monitors along the line and investigate and remediate tritium contamination on both its property and property outside of the Braidwood power station’s boundary. Exelon will pay a civil penalty of $608,000.

“Through this cooperative action involving my office, Attorney General Madigan and Exelon, we have taken the necessary steps to protect the citizens of Will County from future releases of contaminated water,” said State’s Attorney Glasgow. “I also commend local community leaders like Joe Cosgrove from Godley whose commitment to public safety helped drive the settlement we have today. Everyone involved in this process truly understands the paramount importance of protecting the health, safety and welfare of our community.”

In addition to paying civil penalties, Exelon Generation will contribute $392,000 toward Supplemental Environmental Projects (SEPs), which are court-ordered actions designed to promote the goals of the Illinois Environmental Protection Act to restore, protect and enhance the quality of the environment. The money will be dedicated for the use of the Forest Preserve District of Will County’s proposed Braidwood Dunes & Savanna Nature Preserve Management Plan (NPMP). Protected as a nature preserve in 1981, the 325-acre parcel is preserved for the benefit of the community and is home to rare plants and sensitive animal habitats that are found nowhere else in Will County. The purpose of the NPMP is to improve water quality at the NPMP site, control invasive species, increase the amount of time the site is covered by water, monitor plant and rare species populations and conduct controlled burns at the NPMP site.

Byron Nuclear Generating Station

In a complaint filed simultaneously with the settlement, Attorney General Madigan and Ogle County State’s Attorney John B. Roe alleged that leaks of tritiated water occurred in 2006 in the wastewater blowdown line at Exelon’s Byron Nuclear Generating Station, located approximately 20 miles southwest of Rockford. The blowdown line at the Byron facility runs approximately 2.2 miles and drains into the Rock River. Similar to the resolution of the Braidwood complaint, Exelon has agreed to undertake measures to comply with the law, including implementing an aggressive inspection program and installing an alarm system and leak detection monitors along the blowdown line. Exelon will pay a civil penalty of $10,000.

“I appreciate the work of the Attorney General’s Office in reaching an agreement that will benefit Ogle County both fiscally and substantively. I am especially thankful that a large part of this settlement will fund educational programs for our youth,” said State’s Attorney Roe.

As part of this agreement, Exelon will pay SEP funds of $29,000 for three separate Ogle County projects. The Ogle County and Lee County Soil and Water Conservation District will receive $11,000 to fund environmental educational programs including the acquisition of materials for Outdoor Stewardship Days. The program is designed to reach approximately 1,250 third grade students and teachers. Exelon also will pay $7,500 to fund a program sponsored by the Ogle County Solid Waste Management Department that includes creating and providing environmental education materials for use in local schools, and $10,500 to fund the restoration to prairie land of a 23-acre farm field located at Camp McCormick on North Girl Scout Drive in Stillman Valley. That project will involve creating self-guided educational hiking trails and wheelchair trails for children and adults on property that is owned by the Girl Scouts.

Dresden Nuclear Generating Station

In a complaint filed simultaneously with the settlement, Madigan and Grundy County State’s Attorney Sheldon Sobol sued Exelon for water pollution and exceeding groundwater standards beginning in 2001 at its Dresden Nuclear Generating Station near Morris. An earlier tritium release occurred in 1994, when Commonwealth Edison owned and operated the facility. The tritium releases to groundwater from the Dresden facility alleged in the complaint have not traveled off of the generating station site or entered private residential wells.

As part of this settlement, Exelon will pay a civil penalty of $10,000 and pay $127,000 to the Illinois Conservation Foundation, which the Illinois Department of Natural Resources will use for a SEP to fund recreational and historical rehabilitation projects along the Illinois & Michigan Canal State Trail complex within Grundy County.

“I am pleased that this matter has been brought to closure and I appreciate the work performed by Attorney General Madigan’s office on behalf of the citizens of Grundy County,” State’s Attorney Sheldon Sobol said. “I am also pleased that the funds paid by Exelon in this matter will be dedicated to a Department of Natural Resources project here in Grundy County.”

April 22 Deadline Approaches for Contractors to Obtain EPA Lead Renovation, Repair, and Painting Certification

Beginning next month, federal law will require that contractors performing renovation, repair and painting projects that disturb paint in homes, child care facilities, and schools built before 1978 must be certified in the new EPA Renovation, Repair, and Painting Rule (RRP) and follow specific work practices to reduce human exposures to lead.

Common renovation activities like sanding, cutting, and demolition can create hazardous dust and chips by disturbing lead-based paint, which can be harmful to adults and children. All contractors must be trained and certified by April 22, 2010.

. Lead-based paint was used in more than 38 million homes until it was banned for residential use in 1978.

EPA Seeks Comment on Regulation of Incidental Discharges from Marine Vessels

EPA is seeking public comments on its vessel water discharges draft report which when completed will provide Congress with information to regulate deck run-off, gray water, and other types of incidental discharges considered potentially harmful to water quality and human health. This includes discharges from fishing vessels, tugboats, water taxis, tour boats, towing and salvage vessels, small research vessels, fire boats, and supply boats. Public comments will be accepted through April 7, 2010. EPA will then consider the comments and finalize the report for submission to Congress. 

Composite Aquatic Innovations, Inc. Fined For Failure to Submit TRI Report

Composite Aquatic Innovations, Inc., has settled with EPA and has agreed to pay a $4,480 penalty for alleged violation of the federal Emergency Planning and Community Right-to-Know Act (EPCRA). The company failed to report its use of the toxic chemical styrene on the Toxics Release Inventory () report.

Composite Aquatic Innovations, located in Arlington, Washington, failed to promptly submit a TRI report to EPA and the State of Washington for its use of styrene in 2004. The company uses styrene in its process for manufacturing swimmin