EPA Calls On Industry to Reduce Chemical Use

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The EPA unveiled the National Challenge Commitment for Priority Chemicals, a collaborative initiative to shrink industrial use of 31 priority chemicals. The challenge commitment seeks a 10% decrease in the use of one or more of the chemicals over three years at government and industrial facilities throughout the country.
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"I encourage companies to accept this challenge," said Susan Bodine, assistant administrator of the Office of Solid Waste and Emergency Response. "Reducing the volume of priority chemicals in products and waste can reduce toxic chemical releases, reduce handling and disposal costs, and increase recycling û resulting in both environmental and economic benefits."
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 Becoming an environmental priorities partner and implementing the challenge commitment can be the first step for companies to become full Performance Track members.
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The National Partnership for Environmental Priorities is a voluntary program that encourages government and private industry to reduce the use of priority chemicals in products and waste. Priority chemicals are chemicals that are persistent in the environment; accumulate in living organisms, and toxic if released. Since 2002, environmental priorities partners have removed more than 800,000 pounds of priority chemicals from the environment and have commitments to remove an additional 2 million pounds.
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Performance Track is a voluntary program that recognizes facilities for their commitment to effective environmental management, sustained record of compliance, commitment to measurable goals, and transparency to the public. Performance Track members set goals in different categories, including material use, energy use, or air emissions.
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Nine Companies Fined for Failing to File Hazardous Waste Reports

á á As a result of these actions, the nine companies reported more than 290,000 pounds of hazardous waste to the EPA. In addition to filing their missing biennial hazardous waste reports, each company paid a fine of $2,200.
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ôThe biennial reports provide the EPA, the state and local communities with important information on what hazardous wastes are in their communities,ö said Jeff Scott, director of the EPAÆs Waste Management Division for the Pacific Southwest region. ôWe would like to see all companies meet the upcoming March 1 deadline rather than be subject to enforcement and fines for missing it.ö
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The federal Resource Conservation and Recovery Act requires companies that generate more than 2,200 pounds of hazardous waste or more than 2.2 pounds of acute hazardous waste û waste that even in very small amounts can cause severe health effects û a month to report to the EPA at least every two years the quantities, nature, and disposition of their hazardous wastes.
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This yearÆs deadline for filing the biennial hazardous waste report is March 1. The data is also used to evaluate the effect of regulations and policies on companies that generate hazardous waste. The reports also collect information about changes in waste volume and toxicity that can be used to measure the impact of the EPAÆs efforts in the area of pollution prevention and waste minimization.
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EPA to Cut Toxic Emissions from Gasoline, Vehicles, and Portable Gas Containers

Toxic fumes from gasoline, vehicles and gas containers would drop significantly and further reduce health risks under proposed new emissions standards announced by EPA Administrator Stephen L. Johnson. By 2030 EPA's proposed Mobile Source Air Toxic (MSAT) regulations and fuel and vehicle standards already in place will reduce toxic emissions from passenger vehicles to 80% below 1999 emissions.
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"America has a history of loving its cars," said EPA Administrator Stephen L. Johnson. "By cleaning up our fuels and vehicle exhaust, EPA is paving the road toward a cleaner environment and healthier drivers."
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The MSAT proposal would set new benzene standards for gasoline, hydrocarbon emissions standards for passenger vehicles at cold temperatures and evaporative standards for fuel containers. Once the new standards are fully implemented in 2030, they are expected to reduce emissions of mobile source air toxics annually by 350,000 tons, including 65,000 tons of benzene. The estimated annual cost for the entire proposal would be $205 million. EPA estimates annual health benefits from the particulate matter reductions of the vehicle standards to total $6 billion in 2030.
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The action would also harmonize federal and California evaporative emission standards for light duty vehicles.
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The proposed MSAT standards would take effect in 2011 for fuel requirements, 2010 for passenger vehicles, and 2009 for fuel containers.
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A 60-day comment period will begin when the proposal is published in the Federal Register. 

EPA Proposes More Consistent Regulation of Ethanol Production Plants

á Ethanol, a clean-burning renewable fuel, can be used to meet the requirements of the Renewable Fuels Standard Program, which is designed to reduce dependence on foreign oil by doubling the use of vehicle fuels from American crops by 2012.
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Ethanol is produced at corn milling facilities for use as fuel or human consumption. While the processes are similar, these facilities are currently treated differently under Clean Air Act permitting programs. EPA's proposal would provide equal treatment for corn milling facilities, regardless of whether they produce ethanol for fuel or human consumption.
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Currently, corn milling facilities that produce fuel and emit less than 100 tons per year of air pollutants are not subject to the Prevention of Significant Deterioration (PSD) permitting program. Conversely, corn milling facilities that produce products for human consumption do not trigger PSD until they emit more than 250 tons per year. The proposal would establish the same emissions limits under the PSD program û 250 tons per year û regardless of whether the ethanol end product is used for fuel or human consumption. The thresholds for the New Source Review and Title V permitting programs would remain at current levels, which vary from 10 to 100 tons per year depending on the area in which the facility is located.
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EPA will accept comment on this proposal for 60 days following publication in the Federal Register.
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EPA Scientists Share Innovations with Public and Businesses

á Under the Federal Technology Transfer Act (FTTA) of 1986, government agencies may patent and license inventions, which assist new ideas from government laboratories to enter the marketplace. Entrepreneurs can view and license EPA technologies to develop new products that offer both environmental protection and economic growth.
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For example, EPA's National Vehicle and Fuel Emissions Laboratory in Ann Arbor, Mich., has patented several inventions related to hybrid motor vehicles, that could result in greater fuel mileage in new vehicles manufactured in the U.S.
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"EPA is fortunate to have some of the best scientists in the world who do cutting-edge environmental research," said Dr. George Gray, EPA assistant administrator for the Office of Research and Development. "TechMatch will encourage entrepreneurs to license technologies developed by EPA scientists for new products that both strengthen environmental protection and improve the growth of our economy."
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TechMatch includes third-party independent analyses of the commercial potential of the technologies, information on in-house research, and links to the full U.S. Patent and Trademark Office description of each patent. Technologies that have been assessed to have particularly high market potential are also featured.
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Fertilizer Company Fined $5,800 for Distributing Mislabeled Fungicide

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An October 2004 inspection by a Tulare County, Calif. investigator revealed that Britz Fertilizers, Inc. had distributed ôBritz Botran Dust 6" - a fungicide used to control rot and blight on agricultural products - with a label displaying the signal words ôWarningö and ôCautionö violating federal laws since only one precautionary term is permitted. The signal word is used to inform the user how acutely toxic a pesticide is. For this product the correct word is ôCaution.ö
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ôDue to the potential for health risks and environmental impacts, pesticide producers need to ensure that their products carry current and accurate labels,ö said Enrique Manzanilla, the EPAÆs Communities and Ecosystems Division director for the EPAÆs Pacific Southwest Region. ôEvery pesticide product label must show clearly and prominently the hazard and precautionary statements.ö
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Follow-up inspections by the California Department of Pesticide Regulation found misbranded ôBritz Botran Dust 6" available in the Central California communities of Five Points and Traver. Britz corrected the labeling of the product.
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Conger Management Group Pays $9,000 for Clean Water Act Violations in Idaho

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EPA has reached a settlement with Conger Management Group (CMG) for violations of the Clean Water Act during construction of the 35-acre Bown Crossing development located at 2222 East Boise Avenue in Boise, Idaho. CMG has agreed to pay $9,000.
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During an inspection in November 2003, EPA inspectors discovered that CMG failed to apply for coverage under the National Pollutant Discharge Elimination System (NPDES) construction general permit. The permit requires operators of construction sites to conduct regular inspections and implement storm water controls in order to protect the nation's waterways from pollutants, such as sediment, oil, grease and concrete washout.
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CMG also failed to implement adequate best management practices to prevent or minimize the discharge of pollutants into Watson Drain, a water of the U.S. Watson Drain is a tributary to Loggers Creek which eventually leads to the Boise River.
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ôManaging storm water responsibly at construction sites should be a key part of every developerÆs site plan,ö said Kim Ogle, EPAÆs Region 10 Water Compliance Unit Manager.
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As authorized by the Clean Water Act, the NPDES permit program controls water pollution by regulating sources that discharge pollutants into waters of the United States.
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Landlord Fined for Lead Paint Disclosure Violations in East Hartford

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A Connecticut real estate management company and property owner will pay more than $45,000 to settle EPA claims that they violated lead paint disclosure laws at the Brookside Commons Apartment complex located in East Hartford, Conn.
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The companies, MCR Property Management, Inc. and Brookside Commons, LP will pay a penalty of $45,500 in settlement of an administrative enforcement action brought by EPA's New England regional office because of the failure to notify prospective tenants about the potential existence of lead-based paint in residential units.
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"Lead poisoning is a serious health threat for children in New England, because so much of our housing is older and may contain lead paint," said Robert W. Varney, regional administrator for EPA's New England office. "It is critically important that renters and buyers get the information they need to protect themselves and their children from potential exposure to lead paint. This is especially important for pregnant women and families with young children."
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The EPA complaint, filed last Sept. 30, named MCR and Brookside Commons, LP for nineteen violations of the Lead-Based Paint Disclosure Rule, a federal regulation requiring disclosure of information about the presence of lead-based paint. The complaint stemmed from an Aug. 2003 inspection of MCRÆs Hamden, Conn. office which revealed that MCR and Brookside Commons, LP had withheld from a significant number of lessees information concerning the presence of lead-based paint in specific apartments in the Brookside Commons complex.
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MCR manages and/or owns over 1000 units of pre-1978 rental housing in Connecticut. Brookside Commons, LP owns the property at which the violations occurred, and Brookside Commons is located in an area that is historically disadvantaged. The violations at this property were of particular concern because approximately half of the leases inspected listed children under age 18 as tenants. There were 164 confirmed cases of lead poisoning in children in Hartford and East Hartford in 2003, according to the U.S. Centers for Disease Control. Ingestion of lead from deteriorated or abraded lead-based paint is the most common cause of lead poisoning in children.
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The case is among dozens of related civil and criminal cases EPA New England has initiated during the past several years to ensure that property owners, property managers and real estate agents are complying with federal lead disclosure laws. The program has included hundreds of inspections in New England, as well as many compliance assistance workshops throughout the region.
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 This information must be provided to prospective tenants and buyers before they enter into leases or purchase and sales agreements.
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Yale University Faces Fine for Failing to Provide Updated Financial Guarantee Information

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Yale University is facing a fine of nearly $30,000 for failing to meet financial assurance requirements of federal and state hazardous waste laws. The EPA complaint, which could result in a fine of $28,375, states that Yale violated the financial assurance requirements of the Resource Conservation and Recovery Act by failing to submit updated financial assurance information to the Connecticut Department of Environmental Protection (CT DEP) for the years 2003 and 2004.
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The action is part of a new federal initiative to ensure that companies and institutions that handle hazardous waste have the funds available to properly clean up areas where the hazardous wastes have been treated, stored or disposed of when they stop the hazardous waste activity.
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Yale University operates a greater-than-90-day storage facility at its Wright Nuclear Structure Laboratory (WNSL), where it stores containers of hazardous waste mixed with radioactive waste. As a facility that stores hazardous waste for greater than 90 days, Yale was required to comply with the requirements applicable to treatment, storage and disposal facilities, including the requirement to maintain financial assurance for closure of the WNSL storage area.
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EPA began the nationwide effort to enforce financial requirements of RCRA after the agencyÆs Inspector General issued a report indicating that many companies might not be in compliance with laws regarding financial assurance. EPA's New England regional office conducted a review of the files of the Connecticut environmental agency to determine if facilities in that state were in compliance with the law. After reviewing the CT DEPÆs files, compliance problems were identified for many facilities, including Yale.
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As a participant in EPAÆs College and University Audit Initiative in 2002, Yale disclosed, among other violations, that it was not maintaining financial assurance for the WNSL. Later that year, Yale submitted to CT DEP documents demonstrating that it met its financial assurance obligations. However, EPAÆs file review found that Yale failed to provide annual updates to its financial assurance documentation for fiscal years 2003 and 2004.
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13 Phoenix, Ariz. Underground Storage Tanks Cited for Violations

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EPA and the Arizona Department of Environmental Quality fined 13 underground fuel tank owners or operators The EPA and ADEQ inspected 24 sites to increase compliance and prevent petroleum releases to the environment in the Phoenix metropolitan area. ADEQ does not have authority to issue citations.
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ôThe EPA and ADEQ are serious about enforcing underground tank regulations,ö said Jeff Scott, the EPAÆs Waste Management Division director for the Pacific Southwest region. ôLeak prevention is critical. Unseen leaks can pollute precious groundwater supplies-- a vital resource in Arizona.ö
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ôADEQ is committed to ensuring that Arizona's precious groundwater supplies are not further contaminated by leaking underground storage tanks. Tank owners and operators must comply with the law,ö said Arizona Department of Environmental Quality Director Steve Owens.
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Most leaks are caused by corrosion, overfills or other spills. A hole the size of a pinhead can release 400 gallons of fuel in a year's time, enough to foul millions of gallons of fresh water. The most common problem found during inspections was the failure to properly maintain and operate leak prevention and detection equipment. Facilities also failed to provide current paperwork for annual testing of tanks and piping systems, or fail to provide proof of financial liability insurance.
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A total of $9,800 for violating underground storage tank laws in the Phoenix area.
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Most facilities have since complied with the regulations. For facilities that do not comply, the EPA may assess fines of up to $11,000 per day per tank.
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Compliance with leak prevention and leak detection requirements help ensure petroleum releases from underground storage tanks occur less frequently and that facilities are properly alerted when releases do occur. The recently passed Energy Policy Act of 2005 requires state agencies to inspect each underground storage tank every three years. The EPA plans to continue joint inspections with the state in 2006.
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To prevent releases, federal law required all regulated underground storage tanks to have spill and overfill equipment, and corrosion protection in place by Dec. 22, 1998. Although the compliance date has long since passed, regulatory agencies still find violations. Releases that are detected quickly can be cleaned up faster and at a far less expense than releases that go undetected for long periods of time.
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EPA Orders Nordman Feedlots to Stop Discharges

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EPA Region 5 ordered Nordman Feedlots Inc., Oregon, Ill., to stop all unauthorized discharges of manure and wastewater and comply with the Clean Water Act. EPA also ordered the company to apply to Illinois Environmental Protection Agency for a discharge permit under the National Pollutant Discharge Elimination System.
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"When pollutants from livestock manure and other animal waste discharge into surface or ground water they can create a threat to public health and water resources," said EPA regional Water Division director Jo-Lynn Traub.
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In June 2005, EPA inspected the feedlot and found it is a Concentrated Animal Feeding Operation (CAFO) under the Clean Water Act because 2,000 cattle were confined at the site. The inspector also reported that pollutants from the facility were not contained and polluted runoff was discharging to an unnamed ditch that drains to the Kyte River, a tributary of the Rock River. The Clean Water Act prohibits manure and wastewater discharges from CAFOs unless authorized by a permit. Regulations require any person who discharges or proposes to discharge to apply for a permit.
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The order also requires Nordman Feedlots to develop a plan to contain and adequately store manure and wastewater from its production area and submit the plan to EPA, Illinois EPA and the Illinois Department of Agriculture.
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Manure and wastewater from animal feeding operations have the potential to contribute pollutants to the environment such as nitrogen and phosphorus, organic matter, sediments and pathogens.

Aspen Skiing Company Goes 100% Green

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Aspen Skiing Company, operator of four Colorado ski mountains and two hotels, has made a landmark purchase of renewable energy certificates from wind farms to offset 100% of its electricity use. The purchase, the largest in the history of the U.S. ski industry, places the company's facilities among the top performers in the EPA's Green Power Partnership.
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ôEPA applauds Aspen Skiing Company for this important purchase of renewable energy certificates and its leadership in reducing its greenhouse gas emissions,ö said Matt Clouse, program director of EPAÆs Green Power Partnership. ôWe hope these efforts will have a snowball effect on building support for renewable energy sources like wind power.ö
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ôThis purchase represents our guiding principles in action,ö said Aspen Skiing Company President/CEO Pat OÆDonnell. ôClearly, the most pressing issue of our time is climate change, and addressing energy use is one of the most important actions we can take on that front.ö
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Aspen Skiing Company's purchase of 21,000 megawatt hours (MWh) will keep nearly 20,000 tons of carbon dioxide, the primary greenhouse gas that contributes to global warming, out of the atmosphere each year. The environmental benefit of this action is the equivalent of removing an estimated 2,500 cars from the road annually. The company is buying its wind energy certificates from Community Energy Inc., a marketer and developer of wind energy generation headquartered in Wayne, Pennsylvania. CEI has wind projects under development in the Northeast, Mid-Atlantic and Midwest.
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Aspen Skiing Company joins other leading businesses like Whole Foods, Fedex Kinkos, Starbucks, Nike and Patagonia in making a significant commitment to renewable energy. Most of these businesses are members of EPA's Green Power Partnership, a voluntary program seeking to increase the use of green power among U.S. organizations.
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EPA's Green Power Partnership is a voluntary program that seeks to increase the use of clean, renewable energy sources among leading U.S. organizations. Partners in the program purchase green power in an amount that must meet or exceed the EPA benchmarks and in return receive EPA technical assistance and recognition. EPAÆs Green Power Partnership currently has more than 600 Partners, including Fortune 500 companies, states, federal agencies, trade associations and universities. 
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Aspen Skiing Company operates the four mountains in the Aspen/Snowmass area - Snowmass, Aspen Mountain, Aspen Highlands and Buttermilk - as well as the Ski & Snowboard Schools of Aspen/Snowmass. 
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EPA to Help Local Air Agencies Focus on Controllable Air Pollution

á  Identifying exceptional events will protect the public health by allowing local air agencies to focus their efforts on air pollution emissions they can control.
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The proposed rule would:

• ensure that air quality measurements are properly evaluated and characterized with regard to their causes;
• identify reasonable actions that should be taken to address the air quality and public health impacts caused by these types of events
• avoid imposing unreasonable planning requirements on state, local, and tribal air quality agencies related to violations of the National Ambient Air Quality Standards due to exceptional events
• ensure that the use of air quality data, whether afforded special treatment or not, is subject to full public disclosure and review

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EPA will accept public comment on the proposed rule for 60 days after publication in the Federal Register and finalize the rule within one year.
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100% Participation and Commitment in EPA's PFOA Stewardship Program

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EPA has received 100% participation and commitment in its Global Stewardship Program that will dramatically reduce perfluorooctanoic acid (PFOA) in the environment. Under EPA's leadership, eight companies are voluntarily agreeing to take action now to reduce PFOA releases and product content levels.
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"Today we have 100%t participation and 100%t commitment. And it's 100% the right thing to do," said Susan H. Hazen, EPA's acting assistant administrator for Prevention, Pesticides, and Toxic Substances. "We applaud these companies for their commitment to reducing the amount of PFOA getting into our environment."
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The eight companies are: Arkema, Asahi, Ciba, Clariant, Daikin, DuPont, 3M/Dyneon, and Solvay Solexis. They are agreeing to reduce PFOA releases and levels in products by 95% by no later than 2010, and to work toward elimination of these sources of PFOA exposure five years after that, but no later than 2015. Companies are being asked to meet these commitments in the United States as well as in their global operations.
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PFOA is a processing aid used in the manufacture of other non-stick and stain-resistant surfaces and products. PFOA may also be produced by the breakdown of fluorotelomers, which are used to impart water, stain, and grease resistance to carpets, paper and textile. PFOA is also persistent in the environment. It has been detected in low levels in wildlife and humans, and animal studies conducted have indicated effects of concern.
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The use of PFOA in the manufacturing process does not mean that people using these products would be exposed to PFOA. The agency does not believe that consumers need to stop using their cookware, clothing, or other stick-resistant, stain-resistant products.
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Specifically, the participating companies have committed to reduce by 95% facility emissions and product content levels of PFOA, PFOA precursors, and higher homologue chemicals, by no later than 2010. The year 2000 will serve as the baseline for measuring reductions.
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The companies have been asked to submit their year 2000 baseline numbers for emissions and product content to EPA by Oct. 31, 2006. Annual public reports on their progress toward the goals will be due in October of each successive year. To ensure comparable reporting of reductions, participating companies must commit to work with EPA and others to develop and agree upon analytical standards and laboratory methods for these chemicals. EPA is also initiating efforts to add PFOA and related chemicals to the Toxics Release Inventory (TRI) to help monitor the results of the stewardship program.
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AZ and NM Governors Launch Southwest Climate Change Initiative

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Arizona Governor Janet Napolitano and New Mexico Governor Bill Richardson signed an agreement launching the Southwest Climate Change Initiative, which establishes a framework for the two states to collaborate on strategies to address the effects of climate change in the Southwest and reduce greenhouse gas emissions in the region.
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Under the Initiative, Arizona and New Mexico will collaborate on a number of climate change-related actions, including: development of consistent approaches for measuring, forecasting and reporting greenhouse gas emissions; giving credit for greenhouse gas reduction actions; identifying options for reducing greenhouse gas emissions; promoting climate change mitigation actions, energy efficient technologies and clean and renewable energy sources that enhance economic growth; and advocating for regional and national climate policies that reflect the needs and interests of Southwestern states.
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In the document establishing the Initiative, the Governors declare that "Southwestern states have particular concerns about the impacts of climate change and climate variability on residents, businesses and the environment, including the potential for prolonged drought, severe forest fires, warmer temperatures, increased snowmelt, reduced snowpack and other effects."
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They also state that "actions to reduce greenhouse gas emissions, such as energy conservation and development of renewable energy sources, may have multiple benefits, including economic development, job creation, cost savings and improved air quality that are not limited to state boundaries."
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"In the Southwest, water is absolutely essential to our quality of life and our economy," said Governor Richardson. "Addressing climate change now, before it is too late, is the responsible thing to do to protect our water supplies for future generations."
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"In the absence of real action at the federal level, states are stepping forward to address the serious issues presented by climate change," Governor Napolitano said. "Governor Richardson and I want to ensure that our states work closely together as we review and implement the recommendations that will come from our respective Climate Change Advisory Groups. We also will continue to exchange information and ideas about ways to deal with the impacts of climate change across the Southwest."
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Governors Napolitano and Richardson each issued Executive Orders in 2005 creating stakeholder-based Climate Change Advisory Groups (CCAG). The groups are charged with developing recommendations for reducing greenhouse gas emissions in their respective states. The Arizona CCAG is scheduled to make its recommendations by the end of June this year; the New Mexico group will report by December. New Mexico has also joined the Chicago Climate Exchange, becoming the first state in the nation to sign up for this greenhouse gas emission reduction and trading program.
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A & P Recycling Penalized for Failure to Submit 2004 Material Recovery Survey Report

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The Oregon Department of Environmental Quality (DEQ) has issued a $660 penalty against Paul N. Lepinski, the operator of A & P Recycling, at 280 Webber Road in The Dalles, for failing to submit a 2004 Oregon Material Recovery Survey Report on annual recycling and recovery rates, as required by Oregon environmental law.
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On Dec. 31, 2004, DEQ sent Lepinski a 2004 Oregon Material Recovery Survey Report form to be completed and returned by Feb. 28, 2005. In April 2005, DEQ notified Lepinski that the survey was overdue and failure to submit it violated Oregon law. DEQ solid waste program staff continued to contact Lepinski by phone and through personal visits throughout the first half of 2005 to advise him that the survey remained overdue. Despite assurances that the survey was forthcoming, LepinskiÆs report was never received by DEQ.
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In order for DEQ to determine whether counties and the state are meeting their legislatively-mandated recycling goals, operators of private recycling and material recovery facilities are required to provide an annual report to the Department. These reports cover the type and corresponding weight of each category of material recycled, processed or recovered at their facilities by county of origin.
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Failure of private recycling and material recovery facilities to prepare and submit these recycling reports to DEQ impedes the efforts of local governments and franchised solid waste collection companies to develop effective recycling programs and meet required recycling goa
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ôLocal governments, franchised solid waste collection companies, material recovery facilities, and most private recyclers want, and need, accurate rates,ö said Bruce Lumper of DEQÆs Solid Waste Program in The Dalles. ôWhen a recycler fails to report, the impact is enormous. For example, the 2004 recycling rate for Wasco County dropped significantly, in large part due to LepinskiÆs failure to report the tonnages of recyclables he received, shipped and stored that year.öáá
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Skagit Highlands Fined Again for Muddy Stormwater Runoff

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The Washington Department of Ecology (Ecology) has fined the contractor and owner of the Skagit Highlands development project in eastern Mount Vernon $17,500 for polluting Nookachamps Creek with muddy water and other violations.
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Silty storm-water runoff could be seen entering the creek from the project during an Ecology inspection Jan. 20. The project also did not have adequate measures in place to control erosion of bare earth, where vegetation had been cleared. Ecology's permit for the project requires prompt installation of storm-water controls after clearing.
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Ecology issued the penalty to Skagit Highlands LLC of Redmond and to Boss Construction, Inc. of Bellingham.
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The 206-acre project received a penalty late last year for similar violations that occurred in the spring and summer. The fine, originally set at $16,000, was later reduced to $14,000. That penalty is currently under appeal.
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"It's a serious matter when violations continue to occur," said Kevin Fitzpatrick, a manager in Ecology's water-quality program. "By employing the practices specified in this project's permit, Skagit Highlands would have kept silt out of nearby streams."
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The silt in muddy water can damage gills in fish and can clog the gravel habitat needed by juvenile fish and other organisms.
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Argent Fined $180,000 for Hazardous Waste Violations

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Argent Chemicals faces $180,000 in fines from the Department of Ecology (Ecology) for disposing of flammable and corrosive chemicals into a sewer drain, not storing hazardous waste safely, failing to register as a hazardous waste generator and other violations. The company is located near City of Redmond water-supply wells.
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Ecology, Redmond and King County jointly investigated the facility last year, leading to enforcement actions by all three. Ecology's penalty cites Argent for failing to follow 11 separate state hazardous waste requirements, intended to protect public safety, health and the environment. The company had violated four of the regulations on two or more occasions.
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"Argent's violations and discharges created a serious threat to human health and the environment," said Darin Rice, who manages Ecology's hazardous waste and toxic reduction program.
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Among the violations cited in the Ecology penalty:

• Inspectors saw workers release waste acetone, toluene, ethanol and acids into a floor drain. The chemicals pose risks to worker safety health, and can disrupt the treatment process at the county's wastewater treatment plant.
• The company did not separate waste chemicals that can react together to explode, catch fire or produce toxic fumes.
• Containers of hazardous wastes were not properly labeled or closed.
• The company did not report that it was generating hazardous wastes, and it did not properly register as a hazardous waste generator.
• Employees responsible for handling hazardous waste had no documented training, and the company had no written training plan.
• The company had no records or weekly inspections of dangerous waste storage areas and containers.
• The facility had no secondary containment for hazardous waste storage areas to prevent a release in case of container leaks or spills.

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Ecology also has issued a detailed order to Argent to evaluate its waste management practices to prevent future violations, and follow up with written reports on its progress. Ecology had earlier - after inspections in May and November, 2005 - instructed Argent to correct the violations.
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Ecology provides technical assistance - separate from enforcement - to all facilities that register as hazardous waste generators. Argent withdrew its registration in 2000.
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Argent may appeal the penalty and order within 30 days to Ecology or to the Washington State Pollution Control Hearings Board.
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The joint state-local investigation also led to the following actions:

• Redmond ordered Argent to immediately stop discharging production waste into the drain, following an inspection last May. The city also ordered the company to seal off the floor drain where waste chemicals had been discharged, and to comply with other city requirements. Redmond's Wellhead Protection Ordinance sets local standards for hazardous materials handling, storage and disposal to protect municipal water-supply wells.
• The King County Department of Natural Resources and Parks (DNRP) issued a $24,000 penalty for unauthorized industrial waste discharge into the sanitary sewer system in violation of King County Code and local discharge limits. DNRP operates the county's waste-water treatment facilities. DNRP also ordered Argent to cease discharging process wastewater into the sanitary sewer system until the company met a set of conditions under which the discharges may resume.

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In separate, earlier action, the EPA reached a settlement with Argent in May, 2005 in which the company agreed to a $300,000 penalty and several conditions, including ceasing the production of pesticides. The agreement settled EPA's May 2004 Complaint which alleged that Argent committed 304 violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) between 1999 and 2003. Prior to this action, Argent paid a $50,000 penalty in 1993 and was criminally convicted in 1988 for committing similar violations of FIFRA.
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Cal/EPA Outlines Air Quality Benefits of GovernorÆs Strategic Growth Plan

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California Environmental Protection Agency (Cal/EPA) Secretary Alan C. Lloyd, Ph.D., predicted air quality measures funded by Governor Arnold SchwarzeneggerÆs Strategic Growth Plan will eliminate 360,000 tons of air pollution over the next 15 years. Dr. Lloyd outlined the investment planÆs air quality benefits during testimony before the Senate Environmental Quality Committee yesterday.
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ôThe GovernorÆs plan invests $2 billion to clean up the largest sources of air pollution in California û diesel trucks, trains, ships and equipment serving our ports,ö said Dr. Lloyd. ôThese funds could be put to work immediately to improve air quality throughout California.ö
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In addition to the $2 billion for air quality measures, the Strategic Growth Plan invests $105 billion in projects that will relieve traffic congestion and reduce CaliforniansÆ exposure to air pollution along the stateÆs highways.
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Dr. Lloyd told lawmakers the Strategic Growth Plan will complement the Schwarzenegger administrationÆs ongoing efforts to improve air quality, including:

• Permanently funding the Carl Moyer diesel retrofit program at $140 million per year to replace old, dirty diesel engines with new, cleaner models
• Establishing the most ambitious greenhouse gas emission reduction goals in the world, and directing Cal/EPA to lead a multi-agency effort to meet the goals
• Supporting regulations adopted by the Air Resources Board requiring automakers to begin producing vehicles with reduced greenhouse gas emissions by 2009
• Launching the Hydrogen Highway Initiative to build the infrastructure needed to support zero-emission hydrogen vehicles
• Supporting the Breathe Easier program to remove 15,000 gross-polluting vehicles from the road by July 2006, reducing more than 900 tons of smog-forming pollutants

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Dr. Lloyd added, ôThis comprehensive package of clean air measures ensures that California continues to clean up the largest sources of air pollution that impact our health and quality of life.ö
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New Incentives for Massachusetts Supermarkets to Waste Less, Recycle and Compost More

á  Known as Supermarket Recycling Program Certification (SRPC), the initiative has grown from an ongoing cooperative effort between MassDEP and the Massachusetts Food Association (MFA), an industry group which represents supermarkets and other food stores, to develop innovative methods for helping supermarkets recycle and compost more of the waste they generate. á In August 2005, MassDEP and MFA entered into a partnership to advance recycling at full-service grocery stores across the state by expanding their existing Supermarket Organics Recycling Network (SORN). The new voluntary certification program takes this collaboration to the next level.áá á ôDiverting organics and other wastes from disposal to reuse is good not only for the environment, but also for business,ö MassDEP Commissioner Robert W. Golledge Jr. said. ôWe expect this incentive-based, voluntary approach to change the supermarket industryÆs waste management culture for the better.ö Organics û including spoiled and out-of-date food, cardboard, plants, soil, and renderings û account for more than three-quarters of the waste generated by a typical supermarket. Recycling and composting that material instead of throwing it away can save a store between $20,000 and $40,000 per year, on average, in avoided disposal costs. á Most supermarkets have been recycling cardboard for some time, but SORN has helped 62 stores increase their diversion of organic wastes to composting facilities and animal feeding operations.á These supermarkets û including Big Y, Roche Bros., Shaw's/Star, Stop & Shop, and Whole Foods û have in the last year diverted more than 10,000 tons of food scraps and other organic materials from landfills and combustion facilities.
Full-service grocery stores participating in the new voluntary program will not only save money, but also improve their compliance with existing Massachusetts waste disposal bans. Massachusetts currently bans nine items from the waste stream, including paper, cardboard, and glass. Among other things, participating supermarkets will need to provide for comprehensive recycling of cardboard, plastic wrap, shrink-wrap, and organic material. MassDEP will then exempt waste loads generated by these stores from routine comprehensive waste ban inspections for paper; cardboard; glass, metal and plastic containers; and leaves and yard waste. Each supermarket that applies for SRPC certification will need to meet and maintain specific recycling and composting criteria to retain that status.á MassDEP has banned a number of materials from disposal in MassachusettsÆ landfills and combustion facilities to promote recycling and composting. Businesses that do not set up programs to divert banned items from their waste run the risk of having their loads rejected at disposal or transfer facilities, paying additional handling fees, or facing enforcement penalties.
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New Used Oil, Elemental Mercury and Dental Amalgam Regulations Proposed in NY

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The regulations approved under Title 6 New York Codes, Rules and Regulations include:

• 6 NYCRR Subpart 374-4 and associated amendments: Standards for the management of elemental mercury and dental amalgam waste at dental facilities; and
• 6 NYCRR Subparts 360-1, 360-14, 374-2, Paragraph 372.1 (e)(8) and Appendix 26: Used Oil Rulemaking.

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Dental amalgam is a filling material used to restore teeth. It is made of approximately 40 to 50% mercury, 25% silver, and 25 to 35% of a mixture of copper, zinc and tin. Mercury is a persistent, bioaccumulative toxin that can damage the human brain and nervous system. Mercury-containing waste can be generated in the practice of dentistry through the mixing of dental amalgam, disposal of capsules previously containing mercury, and the removal of old fillings. Dental amalgam waste is often rinsed down the drain, deposited in biomedical waste containers destined for waste incineration, or placed in trash disposed of in municipal waste landfills or incinerators, having the potential to impact the environment.
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The dental amalgam regulations prohibit the possession and use of non-encapsulated elemental mercury in dental offices and require dentists to recycle any elemental mercury or dental amalgam waste generated in their offices in accordance with these approved regulations. The regulations establish waste management standards for dental facilities that use encapsulated mercury or generate mercury-containing dental amalgam wastes. To help minimize the release of mercury from wastewater and maximize recycling, the regulations require dentists to install, properly operate and maintain mercury amalgam separation and collection equipment, which is designed to remove 99% of the mercury-containing waste amalgam in rinse or wastewater from chairside collection and discharge systems.
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The regulations also include other statutory requirements of the law passed in 2002 banning the use of non-encapsulated elemental mercury in dental offices, and requiring dentists to recycle mercury or amalgam waste.
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After conducting outreach meetings in 2003 and soliciting input from the New York State Dental Association and other stakeholders, DEC released the preliminary draft regulations in March 2004. DEC held three public workshops in April 2004 to discuss draft dental mercury regulations and to accept comments from the public. DEC issued the draft regulations in March 2005. A legislative public hearing on the draft regulations was held on May 31, 2005.
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"Used oil" is any oil that has been refined from crude oil, or any synthetic oil, that has been used, and as a result of such use, is contaminated by physical or chemical impurities. Used oil is not regulated as a hazardous waste as long as it is recycled or burned for energy recovery in accordance with regulatory requirements, and the oil has not been contaminated with any other hazardous waste. Improper disposal or burning of used oil can pose a hazard to the environment. The "used oil rulemaking" amends existing State regulations on used oil management. This rulemaking updates used oil regulations to implement amendments to the Environmental Conservation Law and implements provisions of the federal used oil regulations. The rulemaking also restructures the regulation to clarify the permitting requirements and management standards for all used oil facility types. By reorganizing and restructuring existing parts of the regulation, DEC intends to improve the readability of the regulations, decrease confusion and increase compliance with the regulations. The rulemaking specifically incorporates existing statutory requirements for service and retail establishments with respect to used oil generated from "do-it-yourself" oil change customers. It also clarifies specific handling and storage requirements on used oil generators, transporters and transfer facilities.
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The draft "used oil" regulations were issued by DEC in February 2005. A legislative public hearing on the draft regulations was held on March 30, 2005.
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The 16-member Environmental Board is composed of State agency heads and representatives of the environmental community, citizen groups, business and industry. With the approval of the regulations, DEC will file the rulemaking package with the Department of State (DOS). The regulations will become final 60 days after filing with DOS.
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Ohio EPA is Requesting Comments on Revised Administrative Rules

á  These rules would affect all Ohio EPA programs and divisions.
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Draft rule changes deal with the following issues:

• proposed actions and requests for adjudication hearings
• public notice of rules
• access to public records
• trade secrets
• draft actions
• notice of water permit applications
• public notices, fact sheets and public meetings
• procedures for verified complaints

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In most cases, the rules that would be rescinded would be moved to a more logical part of the rule, with existing language largely being maintained. However, draft language regarding verified complaints is new. A verified complaint is a written complaint verified by an affidavit - a statement written and sworn to in the presence of someone. The complainant must allege a violation of an environmental law, rule, standard, order, license, permit variance or plan approval, and the complainant must be aggrieved or adversely affected by the violation.
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Although these provisions have existed in Ohio law since 1972, the law is somewhat lacking in specificity. Over the years, various court interpretations have provided some guidance. In addition, a recent Ohio EPA analysis revealed that about 20% of the verified complaints submitted to the Agency don't meet the legal standards required under the statute.
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Based on case law (court interpretations of the 1972 verified complaint law) and Ohio EPA's research regarding the most common errors, the draft rule is a means to provide more specific guidance to citizens who wish to file a verified complaint. Ohio EPA intends to enable citizens to file complete verified complaints by themselves at minimal cost.
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Written comments may be mailed to Mark Navarre, Ohio EPA Legal Office, P.O. Box 1049, Columbus, Ohio 43216-1049,
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EPA Orders Three California Companies to Limit Wastewater Discharges

á  The three Santa Ana firms are:

• Embee Incorporated, a metal finishing firm located at 2136 South Hathaway Street
• Reid Metal Finishing, Inc., also a metal finishing firm, located at 3110 W. Harvard
• Pioneer Circuits, a printed circuit board manufacturer located at 3000 South Shannon Street.

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"Metal finishing wastewaters released into sewers have the potential to affect the health and safety of sewer workers and people living in the surrounding community," said Alexis Strauss, director of the water division of the EPA. "They also can interfere with the proper operation of the sewers and sewage treatment plants. These three companies must do their part to protect the Santa Ana and Orange County sewer systems from the harmful effects of industrial discharges." The three companies must follow a 12-month timetable to modernize their wastewater treatment in order to reduce their discharges of toxics such cadmium, copper, nickel, and cyanide into the sewers. The pollutant limitations for the three companies apply nationwide to all metal finishers and printed circuit board manufacturers.
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New Guidelines to Assess Local Transportation Air Quality Impacts

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EPA, in consultation with the Department of Transportation, finalized procedures to help state and local transportation and air quality agencies ensure that future transportation projects support state and local efforts to meet and maintain federal air quality standards for fine (PM 2.5) and coarse (PM10) particles. The final rule provides criteria for determining which transportation projects must be analyzed for local particle emissions impacts in PM2.5 and PM10 nonattainment and maintenance areas. This project-level analysis will allow transportation project sponsors to project future air quality impacts that will result from their transportation project. 

Texas Proposes Two New Clean Air Rules

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The proposed Clean Air Interstate Rule  SIP establishes the control measures and enforcement mechanism for the Texas Clean Air Interstate Rule (CAIR) SIP. The proposed rules would reduce oxides of nitrogen and sulfur dioxide emissions from EGUs to assist downwind states in achieving compliance with the NAAQS for PM2.5. The proposed rulemaking would also amend Chapter 122 to incorporate the permitting requirements for CAIR and the Clean Air Mercury Rule (CAMR) by reference. The CAIR and CAMR permits will establish federal enforceability of the CAIR and CAMR trading programs by listing all applicable requirements of the trading programs applicable to each CAIR and CAMR unit at the source.
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The proposed Clean Air Mercury Rule  would establish the control measures and enforcement mechanism for the Texas Clean Air Mercury Rule (CAMR) state plan. The proposed rules would apply to stationary, coal-fired boilers or coal-fired combustion turbines serving a generator with a nameplate capacity of more than 25 megawatts of electricity (MWe) and producing electricity for sale. The proposed rules would also apply to cogeneration units serving a generator with a nameplate capacity of more than 25 MWe and supplying in any calendar year more than one-third of the unitÆs potential electric output capacity or 219,000 megawatt-hours, whichever is greater, to any utility power distribution system for sale.
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Unique Requirements for Satellite Accumulation Points in Missouri

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Although states cannot be less stringent than the federal EPA regulations, many states interpret and enforce the regulations for satellite accumulation points differently.á Recent guidance distributed by Candace Bias of the MO DNR indicates that in Missouri:

• You can collect up to 55-gallons of hazardous waste per waste stream at a satellite (many states all 55 gallons total of all waste streams) that is located near the point of generation
• Storage is limited to 1-year at satellites (many states have no time limits at satellites)
• The state recommends that you distinguish satellites from 90-day and 180 accumulation points by painting lines on the floor, signage, or roping off the area.

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Environmental Trivia Question of the Week

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What was the most frequently cited hazardous material violation cited by the Department of Transportation for 2005?
a.á Failure to close packages in accordance with the manufactureÆs specifications.
b.á Failure to develop and adhere to a hazardous material security plan
c.á Failure to provide employee training
d.á Failure to ship hazardous materials in authorized packaging
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