Effective Date of New SPCC Regulations Delayed

April 06, 2009

 The amendments will now become effective on January 14, 2010.

Additionally, EPA is requesting public comment on whether a further delay of the effective date may be warranted.

The December 5, 2008, amendments to the SPCC rule clarified regulatory requirements, tailored requirements to particular industry sectors, and streamlined certain requirements for facility owners or operators subject to the rule. With these changes, EPA expects to encourage greater compliance with the SPCC regulations, thus resulting in increased protection of human health and the environment.

The amendments did not remove any regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to develop, implement, and maintain an SPCC plan in accordance with the SPCC regulations then in effect. Such facilities are still required to maintain their plans during the interim until the applicable date for revising and implementing their plans under the new amendments.

EPA to Limit Emissions from Oceangoing Vessels

Diesel engines on oceangoing vessels such as container ships, tankers, bulk carriers, and cruise ships are significant contributors to air pollution in many of our nation’s cities and ports. Their emissions are expected to increase even more in the future, as U.S. trade with other countries increases.

The United States has taken a critical step toward protecting Americans from harmful ship emissions by becoming the first country to ask the International Maritime Organization (IMO) to create an emissions control area (ECA) around the nation’s coastline.

According to the EPA’s data, the creation of an ECA would save up to 8,300 American and Canadian lives every year by 2020 by imposing stricter standards on oil tankers and other large ships that spew harmful emissions into the air near coastal communities where tens of millions of Americans live, work, play, and learn. The United States is proposing a 230-mile buffer zone around the nation’s coastline in order to provide air quality benefits as far inland as Kansas.

“This is an important—and long overdue—step in our efforts to protect the air and water along our shores, and the health of the people in our coastal communities,” said EPA Administrator Lisa P. Jackson. “We want to ensure the economic strength of our port cities at the same time that we take responsible steps to protect public health and the environment in the United States and across the globe.”

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, said, “We have known for a long time that our families that live around ports have a higher rate of respiratory illness, including cancer. EPA’s announcement today is music to my ears because it means the United States is stepping forward to take a strong leadership role on clean air around ports.”

Under this program, large ships such as oil tankers and cargo ships that operate in ECAs will face stricter emissions standards designed to reduce the threat they pose to human health and the environment. These standards will cut sulfur in fuel by 98%, particulate matter emissions by 85%, and nitrogen oxide emissions by 80% from the current global requirements.

To achieve these reductions, ships must use fuel with no more than 1,000 parts per million sulfur beginning in 2015, and new ships must used advanced emission control technologies beginning in 2016.

Air pollution from ships is expected to grow rapidly as controls on other mobile sources take effect and port traffic increases. Ocean-going vessels, which are primarily foreign-owned and operated, dock at more than 100 U.S. ports, more than 40 of which are in metropolitan areas that fail to meet federal air quality standards.

EPA led the U.S. effort to develop the proposal in coordination with federal partners such as the Coast Guard, the State Department, and the National Oceanic and Atmospheric Administration (NOAA). Canada joined the U.S. as a co-proposer on the ECA proposal, advancing a strategy for a coordinated geographic emissions control program.

The proposal, submitted to the IMO on Friday, March 27, is one part of a comprehensive EPA program to address harmful emissions from ocean going vessels under the National Clean Diesel Campaign and the Clean Ports Program. Other elements include adoption of a Clean Air Act rulemaking process, which EPA plans to finalize this year.

The IMO, a United Nations agency, will begin reviewing the proposal in July. Approval of the proposal could occur as soon as next year. 

EPA Issues New Requirements for Energy Star Computer Monitors and Picture Frames

On average, Energy Star qualified products will be 20% more energy efficient than conventional options.

If all displays sold in the United States meet this new specification, the energy savings would grow to about $1 billion each year and prevent greenhouse gas emissions equivalent to those from nearly 1.5 million vehicles.

To earn the label, the new specification includes a revision of existing requirements for computer monitors to a more stringent level, the fifth revision since products in this category have been eligible for the Energy Star label. EPA has also expanded the range of display products eligible for the label. In addition to computer monitors, digital picture frames and large commercial displays (up to 60 inches diagonal) can now qualify for the label when demonstrated to meet the energy efficiency requirements.

Digital picture frames offer an impressive opportunity for energy savings. It is estimated that 9.3 million digital picture frames were shipped in 2008 and by 2015 the number could more than double. Savings from digital picture frames represent about 10% of the total potential savings in this product area. Large displays are typically used in public and private settings such as restaurants, bars, hotels, clubs, museums, and educational settings, and outdoor environments in retail or transportation signage. Savings from large displays represent about 70% of the total potential savings in this product area.

The specification for displays less than 30 inches diagonal will be effective October 30, 2009. The specification for displays 30-60 inches diagonal will be effective on January 1, 2010.

Implementation of the Primary National Ambient Air Quality Standards for Nitrogen Dioxide

EPA is preparing to publish a notice of proposed rulemaking intended to provide information concerning what actions should be taken to address the implementation of the primary National Ambient Air Quality Standards (NAAQS) for Nitrogen Dioxide (NO2). The rulemaking will address implementation guidance concerning the various elements that must be addressed in State Implementation Plans (SIPs) that States must submit in order to meet the Clean Air Act (CAA) requirements related to the NO2 NAAQS. These elements include an attainment demonstration, Reasonable Further Progress (RFP), Reasonably Available Control Measures (RACM), and Reasonably Available Control Technology (RACT), Contingency Measures, New Source Review (NSR), Prevention of Significant Deterioration (PSD), as well as information on attainment dates, SIP submittal dates, and other CAA requirements.

 

Oil and Gas Construction Stormwater Rule

On June 12, 2006, EPA published a final rule to address a new provision added by the Energy Policy Act of 2005. The 2006 regulation effectively exempted from National Pollutant Discharge Elimination System (NPDES) permit requirements stormwater discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities unless the relevant facility had a discharge of stormwater resulting in a discharge of a reportable quantity of oil or hazardous substances. Shortly thereafter, the Natural Resources Defense Council (NRDC) petitioned the Ninth Circuit Court of Appeals (Ninth Circuit) for direct review of EPA’s action.

On May 23, 2008, the Ninth Circuit Court of Appeals issued an opinion in NRDC v. U.S. EPA, vacating EPA’s 2006 oil and gas construction stormwater regulation. On July 21, 2008, EPA filed a petition for rehearing in this case. On November 3, 2008, the Ninth Circuit issued its order denying EPA’s request for rehearing of the Court’s decision vacating EPA’s 2006 oil and gas construction stormwater regulation.

EPA plans to publish a direct final rule which will remove the codified 2006 rule from the Code of Federal Regulations consistent with the court vacature and codify the revised 2005 Energy Policy Act definition of “oil and gas exploration, production, processing, treatment, and transmission operations” to clarify that certain uncontaminated discharges from oil and gas construction activities are exempt from permitting as identified in section 402(I)(2) of the Clean Water Act.

National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing

EPA is developing a national emissions standard for hazardous air pollutants (NESHAP) for gold mine ore processing facilities under Section 112 of the Clean Air Act. This action is being developed to help fulfill a mandate under Section 112(c)(6) of the Clean Air Act, which requires EPA to list categories and subcategories of sources assuring that sources accounting for not less than 90% of the aggregate emissions of mercury are subject to standards under subsection 112(d)(2) or 112(d)(4) of the Clean Air Act.

This action will help protect human health and the environment by proposing controls for mercury emissions from this source category. The proposed rule will cover one hazardous air pollutant (i.e., mercury). There are about 20 facilities in the U.S., and the vast majority of these facilities are located in Nevada. Moreover, about 90% of the emissions come from 5 large facilities in Nevada. Mercury emissions were first identified as an issue from these sources in 1999. EPA and the Nevada Division of Environment Protection (NVDEP) immediately took action, working together, coordinating for several years to evaluate and address these emissions. This collaboration initially resulted in a Voluntary Mercury Reduction Program (VMRP), formally established in 2001, between EPA, NVDEP, and industry which included installation of effective mercury controls on several large facilities and resulted in significant emissions reductions.

In 2006, the NVDEP converted this voluntary program into a mandatory regulation, the Nevada Mercury Control Program (NMCP) to make the controls mandatory, to expand the program to cover all facilities in Nevada, and to achieve further reductions. Thus, there has been long-standing collaborated effort to study and address these sources with a number of stakeholders involved (including industry, environmental organizations, various States, and EPA). The proposed NESHAP will take these efforts one step further by establishing a national rule under the Clean Air Act. The proposed rule will cover those facilities in Nevada already subject to the NMCP, as well as a few facilities in other states (e.g., Colorado, Montana, and Arkansas). In addition, the action will help to ensure that any new facilities built in the U.S. would apply state-of-the-art controls to limit mercury emissions.

 

EPA Recognizes Energy Star Partners for Leadership

 Lowe’s Companies, Inc., USAA Real Estate Company, PepsiCo, JC Penney, Food Lion, LLC, Toyota Motor Engineering & Manufacturing North America, Inc., and Marriott International, Inc. are some of the Energy Star award winners chosen from more than 15,000 partners in the Energy Star program.

“These honorees have stepped up to lead the way in energy efficiency and environmental protection,” said EPA Administrator Lisa P. Jackson. “Year after year, Energy Star opens new opportunities to protect public health and the environment and channel the benefits into the economy.”

Organizations are recognized in one of three major award categories: Sustained Excellence, Partner of the Year, and Excellence. The 37 Sustained Excellence winners, which exhibit outstanding leadership continually, are being recognized for their long-term commitment to protecting the environment through energy efficiency. The 35 organizations that receive Partner of the Year awards have successfully promoted Energy Star products and practices within their own organizations and managed energy use by providing products, services, and education to consumers and their communities. Organizations recognized with an Excellence award are strong promoters of energy-efficient homes, products, practices to employees, consumers, and the community at large while continuing to raise the awareness of energy efficiency.

In 2008, Americans, with the help of Energy Star, saved $19 billion on their energy bills and avoided greenhouse gas emissions equivalent to those of 29 million vehicles. To date, 940,000 new homes and more than 6,000 office buildings, schools, hospitals, and public buildings have earned the Energy Star. Since 2000, more than 2.5 billion Energy Star qualified products have been sold.

EPA Awards Nearly a Half Billion Dollar Grant to New York

In the single largest grant in its history, the EPA awarded more than $430 million to the State of New York for wastewater infrastructure projects that the agency says will create thousands of jobs, jumpstart local economies, and protect human health and the environment across the state.

“EPA is committed to being part of the solution in this economic downturn. By keeping the waterways clean and healthy, we’re bringing new jobs and new opportunities to local communities,” said EPA Administrator Lisa P. Jackson. “Protecting human health and the environment is a great way to put people to work and stimulate our economy.”

This grant is a portion of the unprecedented $4 billion dollars that will be awarded to fund wastewater infrastructure projects across the country under the American Recovery and Reinvestment Act. The state will use the Recovery Act grant to provide money to municipal and county governments and wastewater utilities for projects to protect lakes, ponds and streams in communities across New York.

New York State will also provide at least 20%, or at least $86 million, of its Recovery Act funds to “green” projects, those that involve green infrastructure, improve energy or water efficiency, or that have other environmentally innovative aspects. New York’s program also provides funding to communities facing financial hardships.

The grant will be awarded to the New York State Department of Environmental Conservation and implemented by the New York State Environmental Facilities Corporation, a state-run organization that helps public and private entities comply with federal and state environmental requirements.

The Recovery Act will also fund a similar program for improving drinking water systems. 

Spotlight on Cell Phone Recycling April 6–12

As cell phones, computers, and personal digital assistants (PDAs) become more prominent in our everyday lives, EPA is encouraging consumers to recycle these products instead of adding them to the nation’s landfills.

Cell phones and accessories are made from valuable materials such as precious metals, copper, and plastics—all of which require energy to extract and manufacture. Recycling cell phones results in environmental savings. Recycling cell phones reduces greenhouse gas emissions and conserves natural resources. There is also a strong secondary market for used cell phones and for donation to charitable organizations. If cell phones cannot be reused, the components are nearly 100% recycleable. Currently, only about 10% of unwanted cell phones are recycled each year. Last year Plug-in partners collected 11 million cell phones for reuse and recycling.

Recycling cell phones can save enough energy to power more than 2,035 U.S. households for a year. Recycling the 100 million cell phones that are no longer used annually would save enough energy to power more than 18,000 households for a year.

EPA has teamed up with leading cell phone makers, service providers, and retailers to launch this national campaign to encourage Americans to recycle or donate their unwanted cell phones. Partners include AT&T, Best Buy, LG Electronics, Motorola, Nokia, Office Depot, Samsung, Sony Ericsson, Sprint, Staples, T-Mobile, and Verizon Wireless.

 

First Female Added to EPA’s Fugitives Website

Deleon failed to appear for her sentencing on March 23 at the Federal District Court, District of Massachusetts, and a warrant has been issued for her arrest.

Last November, a federal jury convicted Deleon, a resident of Andover, Massachusetts, of selling certificates from Environmental Compliance Training of Metheun, Massachusetts, to hundreds of illegal immigrants who had not taken the mandatory training course. The individuals who purchased the training certificates without the training filed them with the Massachusetts Division of Occupational Safety so they could work in the asbestos removal industry. Hundreds of these individuals were sent to asbestos demolition sites in Massachusetts and other New England states.

Deleon sent the individuals to perform removal work at job sites through her temporary employment agency that specialized in asbestos demolition and paid them “under the table” for their work. She did not report these employees to the IRS and workers compensation organizations, allowing her to save more than $1 million dollars in tax and insurance payments. The company shut down in May 2007.

Last November, a federal jury convicted Deleon on 28 felony counts, including one count of conspiracy in making false statements, encouraging illegal aliens to reside in the U.S., and hiring illegal aliens; five counts of making false statements; sixteen counts of procuring false payroll tax returns, and six counts of mail fraud. Evidence presented at trial indicated that more than half of the individuals receiving certificates had not taken the necessary training, posing health risks to the individuals and to those near the asbestos work sites.

Deleon is a naturalized U.S. citizen originally from the Dominican Republic. Anyone sighting her should not attempt to apprehend her but should report the sighting through the EPA Fugitives website or contact the EPA Criminal Investigation Division office in Boston, Massachusetts, at 617-918-2300.

Conference to Raise Awareness of PCB Disclosure and Disposal

Does your company own and operate electronic equipment that contains polychlorinated biphenyls (PCBs), including transformers? Are you in compliance with PCB environmental regulations? Are you looking for ways to reduce PCBs?

Conference speakers will include EPA staff experienced in PCB regulatory issues, private environmental attorneys, and industry experts.

The forum will provide information on a variety of PCB-related topics including the hazards of PCBs and failing PCB equipment; how firms may qualify for penalty mitigation; the benefits of voluntary disclosure; management and proper disposal methods; sustainability beyond PCBs; and partnering with EPA. EPA staff will be available for one-on-one sessions to assist participants in identifying opportunities for PCB reduction or elimination.

PCBs belong to a broad family of man-made organic chemicals known as chlorinated hydrocarbons. Due to their non-flammability, chemical stability, high boiling point, and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications including electrical, heat transfer, and hydraulic equipment; as plasticizers in paints, plastics, and rubber products; in pigments, dyes, and carbonless copy paper; as well as in many other industrial applications.

PCBs were domestically manufactured from 1929 until their manufacture was banned in 1978. However, the ban did not prohibit the use of PCB-containing items manufactured prior to the ban, including the use of PCB transformers.

PCBs have been demonstrated to cause a variety of adverse health effects in animals. Studies in humans provide supportive evidence for potential carcinogenic and non-carcinogenic effects of PCBs.

 

Angelus Sanitary Can Machinery Corp. Fined $240,000 for EPCRA Violations

 

The company regularly uses such toxic chemicals as cobalt, chromium, copper, nickel, and manganese in its can machinery manufacturing operations. Angelus failed to submit timely, complete, and correct reports to the EPA and the state detailing the amounts of these five toxic chemicals processed at its facility from 2004 through 2006. EPA inspectors discovered the 15 violations as a result of an audit of the company’s records in 2007.

Federal emergency planning laws require facilities processing more than 25,000 pounds of the chemicals at issue in this case to report releases of the chemicals on an annual basis to the EPA and the state. Although Angelus processed these five chemicals in amounts over this threshold in 2004, 2005, and 2006, it failed to submit reports to EPA for any of those years.

Each year, EPA compiles information submitted from the previous year regarding toxic chemical releases and produces a national Toxics Release Inventory database for public availability. This database estimates the amounts of each toxic chemical released to the environment, treated or recycled on-site, or transferred off-site for waste management, and also provides a trend analysis of toxic chemical releases.

 

Alloy Processing fined $150,000 for Hazardous Waste Violations

EPA fined Alloy Processing, a metal finishing company located in Compton, California, $150,000 for failing to comply with federal hazardous waste management regulations.

The EPA inspected the Alloy Processing facility in Compton in March 2008, and found that the company failed to properly classify and manage hazardous wastes generated by the company, as well as other hazardous waste management violations, including:

  • Failure to submit biennial reports
  • Failure to obtain an EPA identification number
  • Failure to perform waste determinations
  • Storage of hazardous waste without a permit
  •  

“Strict enforcement of hazardous waste regulations not only protects the health and environment of a local community, it also helps ensuring a level playing field for all businesses, regardless of their size,” said Jeff Scott, the EPA’s Waste Management Division director for the Pacific Southwest Region. “This agency will see that Alloy Processing, as well as any other delinquent businesses comply with all hazardous waste regulations or face costly fines and legal action.”

Freeport-McMoRan Sierrita Inc. to Pay $105,000 for Air Quality Violations

The Arizona Department of Environmental Quality (ADEQ) and the Arizona Attorney General’s Office have announced that Freeport-McMoRan Sierrita Inc. will pay $105,000 to the state under a consent judgment with ADEQ for air quality violations in Pima County.

In August and September 2006, many residents in the Green Valley area complained to ADEQ and the Pima (County) Department of Environmental Quality about excessive amounts of visible dust emissions released from the tailings impoundment at the Sierrita facility, a violation of the company’s permit. During their investigation, ADEQ inspectors also discovered that the company had observed previous dust emissions, but failed to document the cause or note potential improvements. ADEQ issued two Notices of Violation (NOVs) in 2006 to the company for excessive dust emissions on five occasions and record-keeping violations at the Sierrita facility. The settlement also resolves two dust violations that occurred in August and October of 2008.

The $105,000 includes a $45,000 penalty for violations of the company’s air quality permit and $60,000 to fund a Supplemental Environmental Project that will help purchase a full-size, diesel-electric hybrid school bus for the Sahuarita Unified School District. “Freeport-McMoRan Sierrita’s failure to comply with its permit put the citizens of Green Valley at risk,” said ADEQ Acting Director Patrick J. Cunningham. “The company must operate its facility in accordance with the law and ensure that its tailings do not become airborne and present a risk for citizens who live near this facility. These were serious violations.”

The consent judgment is subject to court approval. In addition to the civil penalty, Freeport-McMoRan Sierrita Inc. advised ADEQ that it spent more than $170,000 to clean, or reimburse home owners for cleaning, more than 600 homes immediately after the dust events occurred in 2006.

Farmer Illegally Expands His Orchard into Fresno River, Now Faces Fines of $37,500 per Day

EPA has issued a violation notice and compliance order to Patrick Ricchiuti, president of P.R. Farms, following the discovery of the grower’s illegal expansion into the Fresno River. Ricchiuti bypassed flood control levees, illegally filling an area approximately 2,300 feet long, 45-250 feet wide, and encroaching more than seven acres into the Fresno River. EPA has ordered Ricchiuti to immediately remove all unauthorized fill material and restore the levee in accordance with the specifications of the Fresno River flood control project.

EPA, along with state and county inspectors, inspected the site after receiving information that the property owner had filled in the bed and bank of the Fresno River. During their investigation, inspectors observed that earthen material had been placed within the Fresno River to create a new levee and fill area along the northern bank of the River and that an asphalt road and an orchard had been placed on top of the fill area.

Ricchiuti placed dredged and fill material into the Fresno River without a Clean Water Act section 404 permit from the U.S. Army Corps of Engineers.  Unauthorized encroachments such as Ricchiuti’s can exacerbate flooding potential and damage important flood control infrastructure. Persons who fill federally protected waterways and wetlands without the requisite Clean Water Act permit could face a daily penalty of up to $37,500.

Glenn Supply Company, Inc. Fined for Violating the Clean Water Act

EPA has fined Glenn Supply Company, Inc. of Tulsa, Oklahoma, $32,940 for violating federal Spill Prevention, Control and Countermeasures () regulations outlined under the Clean Water Act. This announcement settles a Clean Water Act violation for a 3,800 gallon oil spill into the North Canadian River and its adjoining shorelines from Glenn Supply Company’s oil production facility in Okfuskee County. A federal inspection of the facility revealed that the company had failed to prepare a SPCC Plan for the facility which contributed to the oil spill.

 

Cement Company Fined $10,875 for Emissions Violations

The California Air Resources Board (ARB) has fined Swisher Cement $10,875 for failing to inspect its diesel trucks for compliance with the state’s smoke emissions standards. 

“Shrewd business owners carry out regular inspections and ensure employees are up-to-speed on clean air requirements,” ARB Chairman Mary Nichols declared. “The penalties for doing anything else can cost a business money and its reputation.”

Under the penalty, Swisher Cement must:

  • Ensure that staff responsible for compliance with the diesel truck emission inspection program attend diesel education courses and provide certificates of completion within one year;
  • Instruct vehicle operators to comply with the state’s idling regulations;
  • Complete heavy-duty diesel engine software and control technology upgrades in compliance with regulations;
  • Supply all smoke inspection records to ARB for the next four years; and,
  • Properly label engines to ensure compliance with the engine emissions certification program regulations.

Failure to inspect diesel vehicles can lead to an increase in harmful airborne particles that Californians breathe. A decade ago, the ARB listed diesel particulate matter as a toxic air contaminant in order to protect public health. Exposure to unsafe levels of diesel emissions can increase the risk of asthma, bronchitis, and other respiratory diseases.

Arizona’s De Minimus General Permit Expires

The 2004 Arizona Pollutant Discharge Elimination System (AZPDES) De Minimus General Permit (DMGP) expired on March 17, 2009. ADEQ is drafting a new DMGP that is planned for issuance in June 2009, following opportunities for public review and comment.

The permit allows for the discharge of pollutants associated with potable and reclaimed water systems, subterranean dewatering, well development, aquifer testing, hydrostatic testing of specific pipelines, residential cooling water, charitable car washes, building and street washing, and dechlorinated swimming pool water. The permit also allows other case-by-case short-term and/or low volume discharges that have been specifically approved in writing by ADEQ. By definition (DMGP, Part VII), De Minimus discharges contain relatively low levels of pollutants, are of limited flow and/or frequency, and shall not last for more than 30 days unless approved in advance by ADEQ.

The DMGP addresses discharges that have potential to enter a water of the U.S. Note: the AZPDES authorizing statute uses the term “navigable waters,” which is defined as equivalent to the waters of the U.S. However, because the term ‘navigable waters’ can be confusing to the general public (i.e., the definition of ‘navigable waters’ also includes ephemeral washes, intermittent streams, playas, and wetlands, that may not be able to be traveled by conventional vessels), this permit references discharges to waters of the U.S.

Authorization under this permit requires the owner or operator of the discharge facility to implement various best management practices (BMPs) and except as specified in the DMGP Part II.A.1.a., to conduct discharge monitoring based on the type of discharge activity and the type of receiving water.

The 2004 DMGP will be administratively continued after its expiration date in accordance with the DMGP, which provides that “any permittee granted authorization to discharge under the general permit before the expiration date automatically remains covered.” Holders of authorizations that have taken effect by March 17, 2009, for both single-source discharges and area-wide coverage, automatically retain their DMGP coverage (see DMGP Part V. B. for conditions pertaining to continued coverage).

Although existing authorizations will remain in effect, no new Notices of Intent for DMGP coverage can be accepted until a new DMGP is issued. After March 17, 2009 and prior to the issuance of the new DMGP, ADEQ may consider, on a case-by-case basis, requests for emergency De Minimus discharges in accordance with A.R.S. § 49-251.

FirstEnergy Converts Power Plant from Coal to Biomass

Connecticut Attorney General Richard Blumenthal praised FirstEnergy Corp.’s announcement that it will convert an Ohio power plant from burning coal to biomass, reducing harmful emissions carried to Connecticut and eventually slashing greenhouse gas pollution.

The company made the conversion as part of a 2005 settlement of a lawsuit filed by Connecticut and other states. Blumenthal and others sued the company for failing to clean up plants whose harmful emissions are carried by the prevailing winds to Connecticut and other states.

“Ohio Edison is doing the right thing, switching to fuels that pollute less, saving lives and fighting global warming,” Blumenthal said. “Burning biomass instead of coal will literally save lives in Connecticut, as well as reduce incidence of asthma and other respiratory ailments.

FirstEnergy announced that it is retrofitting two units at its Shadyside, Ohio power plant to burn wood and other biomass materials. The company plans to eventually create a “closed loop system” under which the plant would burn a crop specifically grown to produce power. The carbon dioxide emitted by the plant would be absorbed by the crop, meaning that it would produce no excess greenhouse gases that cause global warming.

Cooperative Agreement with the Chinese on the Safe Transport of Dangerous Goods

U.S. Secretary of Transportation, Ray LaHood, joined China’s Minister of Transport, Li Shenglin, in the signing of the “U.S.–China Cooperative Project Arrangement on the Safe Transport of Dangerous Goods,” which is an agreement to cooperate on the safe transportation of hazardous materials. Signing the agreement, Secretary LaHood said that both nations’ industries—including manufacturing, agriculture, and medical research—need regular access to certain types of dangerous materials to conduct business.

“Chinese businesses ship billions of dollars worth of trade goods around the world each year, including to the United States,” said Secretary LaHood. “We are eager to work together to make sure these items are transported safely. And I look forward to participating in this important mission.”

Following a joint Transportation Forum held in Beijing last December to address transportation issues including safety, the agreement was shaped to help ensure the safe transport of materials across all modes of transportation—from seaports and aviation to rail and highway.

The Dangerous Goods agreement will enable the countries to:

  • Develop and strengthen avenues of communication concerning the safe transport of dangerous goods;
  • Exchange and cooperate in the development of technical information to support regulatory development;
  • Improve harmonization and increase safety by implementing international regulations developed by international forums;
  • Cooperate on enforcement and investigative actions to improve dangerous goods transport safety, to include exchange of incident and violation data; and
  • Organize training activities to strengthen the capabilities of managerial and technical personnel.

As both nations invest billions of dollars in transportation infrastructure through economic stimulus plans, Secretary LaHood noted that the Dangerous Goods agreement is a step forward on improving transportation’s role in fostering a healthy climate for commerce and economic growth, while creating good jobs for both U.S. and Chinese citizens.

The signing took place at the U.S. Department of Transportation. The next Transportation Forum between the two nations will be held at the end of this year in Washington, D.C.

President Obama Announces Launch of the Major Economies Forum on Energy and Climate

The President has announced the launch of the Major Economies Forum on Energy and Climate. The forum will facilitate a candid dialogue among key developed and developing countries, help generate the political leadership necessary to achieve a successful outcome at the UN climate change negotiations that will convene this December in Copenhagen, and advance the exploration of concrete initiatives and joint ventures that increase the supply of clean energy while cutting greenhouse gas emissions.

President Obama has invited the leaders of 16 major economies and the Secretary General of the United Nations to designate representatives to participate in a preparatory session at the Department of State on April 27–28 in Washington, D.C. The preparatory sessions will culminate in a Major Economies Forum Leaders’ meeting, which Prime Minister Berlusconi has agreed to host in La Maddalena, Italy, in July 2009.

The 17 major economies are: Australia, Brazil, Canada, China, the European Union, France, Germany, India, Indonesia, Italy, Japan, Korea, Mexico, Russia, South Africa, the United Kingdom, and the United States. Denmark, in its capacity as the President of the December 2009 Conference of the Parties to the UN Framework Convention on Climate Change, and the United Nations have also been invited to participate in this dialogue.

Obama Nominates Steve Owens for Assistant Administrator of EPA’s Office of Prevention, Pesticides, and Toxic Substances

Steve Owens has served as Director of the Arizona Department of Environmental Quality (ADEQ) from January 2003 and until January 2009, making him the longest serving Director in ADEQ’s history.

Owens graduated with honors from Brown University in 1978 and received his law degree in 1981 from Vanderbilt Law School, where he was Editor in Chief of the Vanderbilt Law Review. From 1982-84, Owens served as counsel to the Subcommittee on Investigations and Oversight of the U.S. House of Representatives Committee on Science and Technology. During 1985-88, he was chief counsel and later state director for then U.S. Senator Al Gore. From 1999-2002 Owens served as a member of the Joint Public Advisory Committee of the North American Commission on Environmental Cooperation. As ADEQ Director, Owens chaired Arizona’s Climate Change Advisory Group, served as co-chair of the Western Climate Initiative and was Secretary of The Climate Registry. Among other key concerns, Owens made children’s environmental health a top priority for ADEQ and established an Office of Children’s Environmental Health at the department.

In September 2008, Owens was elected President of the Environmental Council of the States, the national state environmental agency directors association, serving until he left ADEQ.

Environmental News Links

Trivia Question of the Week


Which of the following events occurred in 1970?
a. First Earth Day, the EPA was created, Clean Air Act enacted
b. Third Earth Day, Clean Water Act Enacted, Council on Environmental Quality created
c. Second Earth Day, DDT banned, Clean Water Act enacted
d. CFCs banned, Love Canal contamination discovered, bald eagle listed as endangered