EPA Removes Saccharin from Hazardous Substances Listing

Saccharin is no longer considered a potential hazard to human health.

Saccharin is a white crystalline powder that is found in diet soft drinks, chewing gum, and juice. Saccharin was labeled a potentially cancer-causing substance in the 1980s. In the late 1990s, the National Toxicology Program (NTP) and the International Agency for Research on Cancer (IARC) re-evaluated the available scientific information on saccharin and its salts and concluded that it is not a potential human carcinogen. Because the scientific basis for remaining on EPA’s lists no longer applies, the agency has removed saccharin and its salts from its lists.

EPA proposed the removal of saccharin and its salts from the lists on April 22, 2010 and did not receive any comments opposing the proposal.

IATA Update – What’s New for 2011?

Each year, the International Air Transportation Association (IATA) updates and revises the regulations for the transportation of dangerous goods (hazardous materials) by air. If you offer dangerous goods for transportation by air, you must follow the new regulations by January 1. A large number of significant changes are being implemented in the 2011 IATA Dangerous Goods Regulations (DGR).

At this live webcast, you will learn:

• Changes in the regulations for consumer commodities– new marking and shipping paper entries
• New test authorized to determine classification and packing group of corrosives
• Changes in the classification criteria for magnetized materials
• Revisions to the classification of environmentally hazardous substances, marine pollutants, and aquatic pollutants
• Phase in of new packing instructions for Class 3 flammable liquids, Class 4 flammable solids, Class 5 oxidizers/organic peroxides, Class 8 corrosives, Class 9 miscellaneous, and Division 6
• New entries on the IATA List of Dangerous Goods and new special provisions
• New marking requirements for net quantities, limited quantities, environmentally hazardous substances, and orientation arrows

Cleveland RCRA and DOT Training

Advertising Opportunities Available

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

EPA to Lower Leak Repair Trigger Rates and Other Requirements for Cooling and Refrigeration Equipment

This action proposes to streamline existing required practices and associated reporting and recordkeeping requirements by establishing similar leak repair requirements for owners or operators of comfort cooling, commercial refrigeration, and industrial process refrigeration appliances. This action also proposes to reduce the use and emissions of class I and class II controlled substances (such as but not limited, to CFC-11, CFC-12, HCFC-123, and HCFC-22) by requiring the following: verification and documentation of all repairs, retrofit or retirement of appliances that cannot be sufficiently repaired, mandatory replacement of appliance components that have a history of failures, and mandatory recordkeeping of the determination of the full charge and the fate of recovered refrigerant.

Written comments on this proposed rule must be received by the EPA Docket on or before February 14, 2011, unless a public hearing is requested. EPA’s point of contact is Julius Banks; U.S. EPA; Stratospheric Program Division; Office of Atmospheric Programs; Office of Air and Radiation; Mail Code 6205-J; 1200 Pennsylvania Avenue, NW.; Washington, DC 20460; 202-343-9870.

Ways to Go Green in 2011

Here’s a package of ideas for keeping green—as in sustainable and eco-friendly—in your life throughout 2011 and beyond. These ideas are sustainability gems, hand-picked from almost 38,000 scientific reports and articles that the American Chemical Society (ACS) published in 2010 in its 38 peer-reviewed scientific journals and Chemical & Engineering News, its weekly newsmagazine. With more than 161,000 members, ACS is the world’s largest scientific society. With 2011 being celebrated as the International Year of Chemistry (IYC), consider adding the following to your New Year’s resolutions:

Scientists have identified a way that the United States could immediately save the energy equivalent of about 350 million barrels of oil a year—without spending a penny or putting a ding in the quality of life: Just stop wasting food. Their study, reported in ACS’ peer-reviewed journal Environmental Science & Technology, found that it takes the equivalent of about 1.4 billion barrels of oil to produce, package, prepare, preserve, and distribute a year’s worth of food in the United States.

How much green exercise produces the greatest improvement in mood and sense of personal well-being? A study in ACS’ peer-reviewed journal Environmental Science & Technology has a surprising answer. The answer is likely to please people in a society with much to do but little time to do it: Just five minutes of exercise in a park, working in a backyard garden, on a nature trail, or other green space will benefit mental health.

Driving a car increases global temperatures in the long run more than making the same long-distance journey by air, according to a study in ACS’ peer-reviewed journal, Environmental Science & Technology. However, in the short run travelling by air has a larger adverse climate impact because airplanes strongly affect short-lived warming processes at high altitudes. The study also noted that passenger trains and buses cause four to five times less impact than automobile travel for every mile a passenger travels.

Let’s hope that you won’t need this tip in 2011: People who care about improving the environment in life may soon be able to do so after death. Entrepreneurs in Europe have developed two new and unusual methods of body disposal—including a low-heat cremation method and a corpse compost method that turns bodies into soil—that could provide environmentally friendly alternatives to those now in use. That’s the topic of an article in C&EN: “Green for Eternity.”

People in European countries have positive attitudes toward a new eco-friendly toilet that could substantially reduce pollution problems and conserve water and nutrients, scientists in Switzerland are reporting.

DOT Proposes Rule to Ban Hand-Held Cell Phone Use for Commercial Truck and Bus Drivers

As part of its campaign to put an end to the practice of distracted driving, the U.S. Department of Transportation (DOT) has proposed a new safety regulation that would specifically prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial motor vehicle (CMV).

“Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk,” said U.S. Transportation Secretary Ray LaHood. “This proposed rule will go a long way toward keeping a driver’s full attention focused on the road.”

The proposed Federal Motor Carrier Safety Administration (FMCSA) rule would prohibit commercial drivers from reaching for, holding, or dialing a cell phone while operating a CMV. Drivers who violate these restrictions would face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver’s license (CDL) for multiple offenses. Additionally, states would suspend a driver’s CDL after two or more violations of any state law on hand-held cell phone use.

Motor carriers that allow their drivers to use hand-held cell phones while driving would face a maximum penalty of $11,000. Approximately four million interstate commercial drivers would be affected by this proposal.

“We are committed to using every resource at our disposal to ensure commercial drivers and vehicles are operating safely at all times,” said FMCSA Administrator Anne S. Ferro. “Implementation of this proposal would help make our roads safer and target a leading cause of distracted driving.”

FMCSA research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps. In particular, commercial drivers reaching for an object, such as a cell phone, while driving are three times more likely to be involved in a crash or other safety-critical event. Drivers dialing a hand-held cell phone while driving increase their risk by six times. Many of the largest carriers, such as UPS, Covenant Transport, and Wal-Mart, already have company policies in place banning their drivers from using hand-held phones. In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial motor vehicle.

Nearly 5,500 people died and half a million were injured in crashes involving a distracted driver in 2009. Distraction-related fatalities represented 16% of overall traffic fatalities in 2009, according to National Highway Traffic Safety Administration (NHTSA) research.

FMCSA is providing 60 days for the public to comment on this rulemaking. The comment period begins once the proposed rule is published in the Federal Register. 

EPA Revises Lead Monitoring Requirements

The revised requirements lower the emission threshold for source-oriented monitoring to 0.5 tons per year (TPY), from the current requirement of 1 TPY. Any new source-oriented monitors must be operational no later than one year after publication of the final rule in the Federal Register. The final rule also requires monitoring in large Core Based Statistical Areas (CBSAs) with a population of 500,000 or more, which will be located along with urban multi-pollutant ambient monitoring sites, known as NCore sites.

Lead monitoring at urban NCore sites will begin January 1, 2012. While EPA maintains the 1 TPY emission threshold for lead monitoring at airports, the rule revisions include a one year monitoring pilot study at 15 additional airports in order to evaluate lead emissions at airports emitting more than 0.5 TPY, but less than 1 TPY. Monitors at airports included in the pilot study must be in place no later than one year after the final rule is published in the Federal Register. EPA estimates that the final revisions will result in a net increase of up to 76 lead monitors nationwide.

Missouri Proposes to Adopt Academic Lab and Auto Industry Hazardous Waste Exclusions

The Missouri Hazardous Waste Management Commission will vote on a finding of necessity, which if approved would allow the department to file a group of proposed rule amendments to Missouri’s Hazardous Waste Management Law with the Secretary of State’s office.

The proposed rulemaking would adopt federal rules into the state regulations. State regulations must be kept up to date with federal regulations and are regularly amended to incorporate changes to the federal regulations.

These rules include an exclusion from the definition of hazardous waste for wastewater treatment sludge generated by the auto industry and a rule to allow more flexible management options for universities and academic institutions to manage waste generated in their laboratories. 

A finding of necessity is when a commission decides if a proposed rule satisfies the requirements laid forth for the rule by a statute or law passed by Missouri legislatures and is often one of the first steps in a rulemaking. Program staff will also provide routine updates on the functions of the Hazardous Waste Program.

The Hazardous Waste Management Commission was established by state statute and promotes hazardous waste recycling, reuse, and reduction; adopts and modifies rules to implement hazardous waste statutes; and establishes regulations for the management of hazardous waste. The commission provides oversight of decisions made by the department and rules on requests for variances from hazardous waste management regulations.

California Air Resources Board Gives Green Light to Emissions Trading Program

The California Air Resources Board (ARB) endorsed the cap-and-trade regulation, marking a significant milestone toward reducing California’s greenhouse gas (GHG) emissions under its AB 32 law. ARB’s cap-and-trade regulation, along with several complementary measures will drive the development of green jobs and set the state on track to a clean energy future.

The regulation sets a statewide limit on the emissions from sources responsible for 80% of California’s GHG smog-forming and toxic air pollutants, and is a key measure to achieve the GHG reduction goals of AB 32, California’s pioneering climate change law signed by Governor Schwarzenegger in 2006.

“This program is the capstone of our climate policy, and will accelerate California’s progress toward a clean energy economy,” said ARB Chairman Mary D. Nichols. “It rewards efficiency and provides companies with the greatest flexibility to find innovative solutions that drive green jobs, clean our environment, increase our energy security and ensure that California stands ready to compete in the booming global market for clean and renewable energy.”

The cap-and-trade program and the other measures to reduce GHGs provide a model for action that can be used at the federal, state, and regional levels. As climate policies are being addressed worldwide, California’s early actions are positioning its economy to reap the benefits on the world stage and are catalyzing action throughout the country and the world.

“The cap-and-trade program provides California with the opportunity to fill the growing global demand for the projects, patents, and products needed to move away from fossil fuels toward cleaner energy sources,” added Nichols. The regulation will cover 360 businesses representing 600 facilities and is divided into two broad phases: an initial phase beginning in 2012 that will include all major industrial sources along with utilities; and, a second phase that starts in 2015 and brings in distributors of transportation fuels, natural gas, and other fuels.

Companies are not given a specific limit on their GHG emissions but must supply a sufficient number of allowances (each covering the equivalent of one ton of carbon dioxide) to cover their annual emissions. Each year, the total number of allowances issued in the state drops, requiring companies to find the most cost-effective and efficient approaches to reducing their emissions. By the end of the program in 2020 there will be a 15% reduction in GHG emissions compared to, reaching the same level of emissions as the state experienced in 1990, as required under AB 32. To ensure a gradual transition, ARB will provide significant free allowances to all industrial sources during the initial period (2012-2014). Companies that need additional allowances to cover their emissions can purchase them at regular quarterly auctions ARB will conduct, or buy them on the market.

Electric utilities will also be given allowances and they will be required to sell those allowances and dedicate the revenue generated for the benefit of their ratepayers and to help achieve AB 32 goals. Eight percent of a company’s emissions can be covered using credits from compliance-grade offset projects, promoting the development of beneficial environmental projects in the forestry and agriculture sectors. Included in the regulation are four protocols, or systems of rules, covering carbon accounting rules for offset credits in forestry management, urban forestry, dairy methane digesters, and the destruction of existing banks of ozone-depleting substances in the U.S. (mostly in the form of refrigerants in older refrigeration and air-conditioning equipment).

There are also provisions to develop international offset programs that could include the preservation of international forests. A Memorandum of Understanding has already been signed with Chiapas, Mexico, and Acre, Brazil, at the Governor’s Global Climate Summit 3 to establish these offset programs.

The regulation is designed so that California may link up with programs in other states or provinces within the Western Climate Initiative (WCI), including New Mexico, British Columbia, Ontario, and Quebec. Efforts are also underway to link the WCI with other regional climate programs, such as the Midwest Greenhouse Gas Reduction Accord and the Regional Greenhouse Gas Initiative which covers the power generation emissions of 10 northeastern states.

The regulation has been in development for the past two years since the passage of the Scoping Plan in 2008. ARB staff held 40 public workshops on every aspect of the cap-and-trade program design, and hundreds of meetings with stakeholders. ARB staff also benefited from the analysis of a blue ribbon committee of economic advisers, consultation with world-renowned institutions that specialize in climate issues, and advice from experts with experience from other cap-and-trade programs elsewhere in the world.

Colleges Invited to Compete for Top Recycling Title in 2011

A nationwide, friendly competition set to begin in February pits colleges and universities in a contest to see who can reduce, reuse, and recycle the most campus waste. It offers bragging rights and special awards made out of recycled materials to the winning schools.

Last year, 607 participating campuses collectively recycled or composted over 84.5 million pounds during the 10 week RecycleMania competition, including 76 New England schools who recovered 9.27 million pounds of recyclables and organics.

Registration is fast and easy and can be completed online.

The 2011 Tournament will officially extend for eight weeks between February 6 and April 2, 2011. Leading up to official start, colleges will participate in two weeks of non-binding pre-season “Trials” that begin January 23rd. Throughout the combined ten weeks, colleges will report their recycling and trash weights and be ranked on Recyclemania’s Results page.

RecycleMania taps into the high-energy, competitive spirit and campus rivalries of schools to motivate students to step up campus recycling efforts. Though many schools have had recycling and waste prevention programs for years, studies have found that large volumes of recyclables still end up in the trash. RecycleMania raises awareness and can also increase recycling levels.

With each week’s reports and rankings, participating schools can watch how their program stacks up against their competitors. They can watch as the results fluctuate, and determine how to rally their campus communities to reduce and recycle even more.

RecycleMania is a project of the College and University Recycling Council (CURC) and is supported Keep America Beautiful and by U.S. EPA’s WasteWise Program.

EPA’s WasteWise program is a free partnership helping U.S. organizations eliminate or reduce costly waste, which benefits both the financial bottom line as well as the environment. New England encourages all New England colleges to continue their waste reduction efforts year round and join EPA’s WasteWise program. Partners get free access to Re-TRAC, a web-based data management and reporting system.

NEHAPS for Reciprocating Internal Combustion Engines

On March 3, 2010, EPA published final National Emission Standards for Hazardous Air Pollutants (NEHAPS) for existing compression ignition stationary Reciprocating Internal Combustion Engines (RICE). . EPA is requesting comment on the decision to amend the limitations on operation of emergency stationary engines to allow emergency engines to operate for up to 15 hours per year as part of an emergency demand response program.

Rhode Island Amends Wetlands and Stormwater Regulations

The Rhode Island Department of Environmental Management (DEM) has filed new stormwater regulations that will dramatically impact the design of new development and redevelopment projects. The new regulations consist of a completely updated and expanded stormwater design and installation manual and changes to the state’s Freshwater Wetlands and Water Quality Regulations that explain when the changes apply to future applications submitted to the agency. Also included in the new regulations are provisions for a time extension for previously issued development permits, as required by the so-called “tolling statute” enacted by the General Assembly in the last session.

The revised Rhode Island Stormwater Design and Installation Standards Manual was under development for several years and has undergone extensive public review and comment. The major impetus for the revised manual was the “Smart Development for a Cleaner Bay Act” passed in 2007. The law states that “stormwater, when not properly controlled and treated, causes pollution of the waters of the state…” and “development often results in increased storm water runoff by increasing the size and number of paved and other impervious surfaces…” The law required DEM and the Coastal Resources Management Council (CRMC) to amend the 1993 Stormwater Manual to require recharge or infiltration of a portion of stormwater into the ground and use of low impact development (LID) techniques as the primary method of stormwater control. DEM and CRMC jointly developed the revisions and CRMC is scheduled to also adopt the revised manual in the near future.

“Implementing the new stormwater requirements will be challenging for all parties involved and will involve a learning process, as users begin incorporating the changes into their practices,” noted DEM Director W. Michael Sullivan, PhD. “The floods in the spring of 2010 must not be forgotten and these new standards will help to reduce future problems. The Department is establishing a point of contact within the agency to provide assistance as well as a standing committee of government and private sector stakeholders to help guide the process and identify permitting issues or further policy needs as the program develops.”

DEM has documented widespread water quality problems caused by stormwater runoff, including stream impairments, beach closures, and shellfishing closures. The new manual includes water quality performance standards that stormwater management practices must meet in order to minimize impacts to our waters, including both surface water and groundwater. The typical stormwater detention pond, which has been widely used during the past 20 years, is no longer considered adequate for water quality treatment. More effective water quality treatment practices are now available, many of which are already familiar to the engineering and design community, including infiltration basins, bio-retention filters, grass swales, and wet vegetated/soil treatment systems.

Of greater overall long term benefit, however, the manual incorporates LID as the “industry standard” for development, representing a fundamental shift in how subdivisions and commercial projects are planned and designed. LID is a more comprehensive approach to managing stormwater that minimizes the hydrological impacts of development. Stormwater is managed in smaller, more effective treatment practices located throughout the development project rather than being conveyed and managed in large pond facilities located at the bottom of drainage areas. The primary goal of LID is to mimic the predevelopment hydrology by using site planning and design techniques that store, infiltrate, evaporate, and detain runoff as close as possible to the point where precipitation reaches the ground. Use of these techniques helps to reduce net runoff and ensure adequate groundwater recharge. DEM is developing a separate guidance manual, due out next month, exclusively on the LID design approaches that will aid local communities in adopting LID standards and help developers plan projects that will be significantly more protective of the receiving water bodies and nearby wetlands.

As announced in DEM’s August notice of rule change, the revised manual becomes effective on January 1, 2011 and will be applied to permit applications received on or after that date. An extension to the deadline for compliance with the new manual—to June 30, 2011—is provided for certain projects that are already in the planning or design process, including projects currently before local planning boards and several DOT road and bridge projects.

The tolling or permit extension provisions apply to development projects with permits valid as of November 9, 2009 or later. Permits will not expire until June 30, 2011 or later. Most permits will be extended longer, with some as long as 598 days from when they would have otherwise expired. The purpose of the extension is to aid projects impacted by the recession, enabling quicker start-up once economic conditions sufficiently recover or financing becomes available.

For more information on the new regulations or the stormwater manual, contact Russ Chateauneuf, chief of the ground of wetland program in DEM’s Office of Water Resources at 401-222-4700 ext. 7700.

California Amends Diesel Rules

On December 12, the California Air Resources Board (ARB) took further steps to fight air pollution and protect public health by offering businesses a variety of options to comply with regulations to reduce soot from diesel engines.

No other state and no other nation has such an extensive set of rules to slash pollution from diesel engines. The diesel rules for vehicles cover almost everything that moves on or off the road, from trucks and buses to off-road construction equipment, and over the next 12 years they will prevent 3,900 premature deaths by removing thousands of tons of diesel soot from the air we breathe, said ARB Chairman Mary D. Nichols. These changes will continue those public health benefits while reducing the cost of compliance by more than 60%.

The amendments complement earlier emission control measures that aggressively target diesel pollution, which is associated with a host of health ailments including cancer. With the amended regulations in place, diesel particulate matter emissions will be reduced from current levels by 50% by 2014 and 70% by 2020.

Over the past year, ARB staff held 20 public workshops throughout the state to solicit stakeholder input and discuss options for revising diesel control measures affecting commercially owned trucks, buses, port trucks, tractor trailers, and off-road vehicles, including construction and large-spark ignition equipment (e.g., forklifts).

Statewide On-Road Truck and Bus Regulation

Approved in December 2008, this Statewide Truck and Bus Regulation will clean up emissions from the nearly one million heavy duty diesel trucks that operate in California. The approved amendments ensure that the regulation will continue to do its job, helping the state meet its federal obligations under the Clean Air Act while also allowing businesses more flexible compliance options. Key amendments will:

• Reduce overall compliance costs by about 60% as California recovers from the recession;
• Exempt about 150,000 lighter trucks from having to retrofit with particulate filters;
• Delay initial compliance date for the retrofitting of heavier trucks and allow them to operate another 8 years before being required to use a truck that meets 2010 emissions standards; and
• Expand credits for fleet downsizing, adding cleaner vehicles ahead of any regulatory requirements, and for installation of early retrofits.

In addition, the Board voted to require all school buses greater than 14,000 lb Gross Vehicle Weight Rating (GVWR) to be retrofit with diesel filters by 2014. If no retrofit is available, the buses have until 2018 to be replaced by vehicles with a 2010 model year engine or emissions equivalent.

Off-Road Regulation (e.g., construction equipment)

First approved in July 2007, this pioneering Off-Road Regulation is the first of its kind in the nation and is aimed at reducing diesel emissions from the state’s estimated 150,000 “off-road” vehicles used in construction, mining, airport ground support, and other industries. The state’s economic downturn, which began after this regulation was adopted, heavily impacted this sector, causing emissions to decline primarily due to fewer pieces of equipment in use, along with reduced activity of the remaining equipment. As amended, the regulation will:

• Delay implementation for all fleets by four years;
• Reduce costs by 97% in next 5 years;
• Expand or extend credits for businesses that comply before their deadline or have downsized; and
• Ease annual requirements to clean up engines (e.g., small fleets can extend phase-out period for oldest equipment over 10 years, from 2019 to 2029).

Port Truck Regulation

Approved in December 2007, the Port Truck Regulation was adopted to modernize and clean up some of the oldest, dirtiest trucks in the fleet and those that serve the state’s busiest ports and rail yards. The regulation has already had an impact by banning pre-1994 trucks from these facilities and requiring diesel particulate filters on others earlier this year, enabling adjacent communities to breathe a little easier. The new amendments will:

• Assure that all trucks serving the ports, including the smaller Class 7 trucks, will have diesel particulate filters by 2014; and
• Expand the regulation to include trucks operating outside port or rail yard properties to prevent non-compliant trucks from receiving cargo from clean trucks in those areas.

Other amendments adopted affect the Heavy Duty Diesel Greenhouse Gas Reduction Measure  and the Large Spark Ignition Regulation 

California’s diesel emissions control measures were adopted under the ARB’s Diesel Risk Reduction Plan, which was approved by the Board in 2000, two years after diesel exhaust was declared a toxic air contaminant by the state’s Scientific Review Panel. The ARB has already passed measures addressing urban buses, garbage trucks, school bus and truck idling, stationary engines, transport refrigeration units, cargo handling equipment at ports and rail yards, ship engines, harbor craft, and fuel.

EPA and European Chemicals Agency Sign Agreement to Enhance Chemical Safety

The partnership is part of EPA’s commitment to improve chemical safety. ECHA is the agency that implements the European Union’s chemical management program known as REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals).

The partnership was formalized through a statement of intent and was highlighted at the Transatlantic Economic Council (TEC) meeting in Washington, D.C. The TEC, established to advance transatlantic economic integration between the United States and the European Union, issued a statement stressing the importance for enhanced cooperation on chemicals. The statement of intent provides the first concrete result of this effort.

The statement puts in place a process for working together on a range of issues of mutual interest including toxicity testing, the hazard and risk assessment of chemicals, risk management tools, scientific collaboration, and information exchange.

One of the major anticipated areas of collaboration will be on the exchange of data and information. For example, the statement of intent will promote the exchange of non-confidential information on hazards, uses, and substance identification between ECHA and EPA, including data collected under REACH. The two agencies will also share criteria for managing confidential business information with the goal to increase the availability of chemical information to the public. The statement also enables the agencies to share information on approaches to more efficiently address chemicals of concern that are prioritized for regulatory action.

Ohio EPA Administrator Resigns

. Director Korleski will remain with the Agency until January 9, 2011.

“I am extremely proud of our numerous accomplishments over the last four years,” Korleski said. “As I prepare to leave, I do so knowing that the Agency fulfilled its mission of protecting the environment and human health. I am thankful for the privilege of serving with the many fine men and women who make up the staff at Ohio EPA. I sincerely appreciate the opportunity to serve Governor Strickland and the citizens of Ohio.”

Governor Ted Strickland appointed Korleski as director of the Ohio EPA on February 1, 2007. Prior to his appointment as director, he served as counsel to Honda of America Mfg., Inc., in Marysville, Ohio, providing comprehensive advice and representation in the areas of environmental, safety, and HAZMAT law. Before working at Honda, Korleski was an assistant attorney general in the Ohio Attorney General’s Environmental Enforcement Section, where he provided representation and counsel to Ohio EPA in various matters involving air pollution, water pollution, and solid and hazardous waste. He later supervised the Ohio Attorney General’s Clean Air Enforcement Program.

Director Korleski earned a bachelor’s degree in agronomy from The Ohio State University College of Agriculture and a master’s degree in agronomy from the University of Nebraska. He received his law degree from The Ohio State University.

Business Groups Urge Congress to Support EPA and Clean Air Act

The EPA and the Clean Air Act got a huge boost from large and small U.S. companies, when over 60,000 firms represented by 14 business organizations told Congress to keep the EPA and Clean Air Act strong.

At the same time, the groups expressed concerned that the EPA’s half-year delay of pending ozone (smog) rules will be costly to U.S. companies. The delay could result in higher health costs due to increased employee sick-day absenteeism and related medical costs borne entirely or partially by small and large U.S. companies.

A recent national poll of small business owners conducted by Small Business Majority found that 61 percent of respondents agree that moving the country to clean energy is a way to restart the economy and make their businesses more competitive in the global economy, and that 50 percent support comprehensive clean energy and climate policy. Larger businesses also support EPA’s authority under the Clean Air Act and understand that it has spurred innovation and economic value for the U.S.”

Christopher Van Atten, spokesperson for American Businesses for Clean Energy said, “The business case for a vigorous EPA enforcing well designed and efficient Clean Air Act rules is clear. We support policy measures that will create new economic opportunities and drive the transition to a clean energy economy. This includes support for the adoption of effective federal climate legislation, EPA regulation of GHG emissions, and regulation of NOx, SO2, mercury, and other hazardous air pollutants from power plants and industrial sources. Business leaders need long-term policies that will provide the foundation for economic growth and prosperity.

John Arensmeyer, founder and CEO of Small Business Majority said, “Our research confirms that small business owners support moving the country to clean energy. They understand the connection between a clean energy economy and small business growth. Our research also shows that the Clean Air Act’s economic benefits have been significant, and anything limiting the EPA’s ability to regulate greenhouse gases could negatively affect businesses small and large. In this economic climate, small businesses need all the help they can get to stay competitive in a global economy.”

Richard Eidlin, director of business engagement for the American Sustainable Business Council said, “The Clean Air Act provides lawmakers with an example of how responsible environmental measures can both foster new industries and send a clear market signal to investors and entrepreneurs that innovation and investment in the clean energy sector is good business. As owners, employees and investors in sustainable businesses, we urge Congress to uphold the Environmental Protection Agency’s ability to regulate carbon emissions as authorized by the Clean Air Act.”

The 14 leading U.S. business groups joining together to support the Clean Air Act are:

• Small Business Majority
• Main Street Alliance
• American Businesses for Clean Energy
• Businesses for Innovative Climate and Energy Policy (BICEP)
• American Wind Energy Association
• American Sustainable Business Council
• Manhattan Chamber of Commerce
• South Carolina Small Business Chamber
• Women’s Business Development Center
• Vermont Businesses for Social Responsibility
• Oregon Small Business for Responsible Leadership
• The Center for Small Business and the Environment
• New Voice of Business
• Environmental Entrepreneurs (E2)

Together, the organizations include more than 60,000 firms, ranging from some of the nation’s largest companies to small Main Street retailers and other firms.

. For example, in the last two decades, emissions of the most common air pollutants have declined by 41%, while Gross Domestic Product (GDP) has increased by more than 64%. The report also concluded that the Clean Air Act has spurred important technological innovations, such as catalytic converters, that have made the United States a world leader in the export of environmental export technologies. These exports grew by 130% between 1993 and 2003, and were valued at $30 billion in 2004.

In addition to indicating strong U.S. business support for the Clean Air Act and the EPA, the groups cautioned that the EPA’s recent decision to delay moving ahead with an ozone pollution rule by six months will come with a real price tag in terms of sick workers and family members, resulting in lost workdays, lower productivity, and other adverse bottom-line impacts for companies. 

EPA Sets First National Standard to Reduce Mercury Emissions from Gold Production

This action is one of several steps EPA is taking to reduce mercury levels in our environment, which can damage children’s developing brains and nervous systems even before they are born.

Cuts made to meet the standard will build on the progress that has already been made under the state of Nevada’s successful program for controlling mercury emissions from precious metal mining.

There are more than 20 facilities that extract gold from ore that will need to meet the requirements of the rule within three years. Some facilities in Nevada already are making significant progress toward the federal requirements under that state’s program.

Mercury in the air eventually deposits into water, where it changes into methylmercury, a highly toxic form that builds up in fish. People are primarily exposed to mercury by eating contaminated fish. Because a developing fetus is most sensitive to the toxic effects of methylmercury, women of childbearing age and children are regarded as the populations of greatest concern.

Connecticut DEP Issues $70,000 in Penalties for Illegal Sale and Use of Pesticides

The Connecticut Department of Environmental Protection (DEP) announced that the arrest of a Windsor, Connecticut, man last spring on charges of illegal use of pesticides has led to an enforcement action against him and the company that sold him the product.

In a settlement with DEP, Valley Green, Inc., of Holyoke, Massachusetts, acknowledged that it sold and distributed pesticide products on at least 54 dates to uncertified applicators, including William Bednarz of Bednarz Farm in Windsor.

Bednarz was arrested by DEP Environmental Conservation Police last April on charges that he used a pesticide to kill wildlife. He allegedly placed hot dogs laced with Furadan, an agricultural pesticide, in and around his crop fields in an attempt to kill raccoons, which he believed were causing damage to his corn crop. The pesticide-laced hot dogs were allegedly eaten by wildlife and two dogs, killing one. As a result of criminal charges against him, Bednarz made restitution to the owner of the dogs.

Under a settlement of civil charges, Bednarz is paying penalties, performing habitat restoration work at DEP’s Suffield Wildlife Management Area, and supplementing sponsorship of research being conducted by the University of Connecticut’s turf science program—all with a cumulative value of $15,000. Under the settlement, he is also ineligible for Private Applicator certification for a period of two years. Anyone handling and applying restricted-use pesticides is required to have this certification.

In the case of Valley Green, Inc., the company will pay a total of $55,000 in penalties including:

• Civil penalty of $13,750;
• Contribution of $9,000 to sponsor research by the Connecticut Agricultural Experiment Station on resistance of bed bugs to the commonly used type of insecticides known as pyrethroids; and
• A contribution of $32,250 for materials and labor to support a habitat management and restoration project at Charles Island, Milford—since Valley Green’s violations diminished the natural resources of the state.

In addition, Valley Green will take all steps necessary to comply with the laws and regulations governing the sale of pesticides, including record keeping.

DEP took action against Valley Green, Inc., for the following alleged violations:

• Selling and distributing state and/or federal restricted-use pesticides with an expired restricted-use dealer registration on at least 54 dates between 2003 and 2009 to farmers with uncertified or expired certification located and operating in Connecticut. (Restricted-use pesticides are those products which are designated for use only by individuals who have been trained and certified to work with these types of pesticides that are usually more hazardous than home and garden type of products.)
• Withholding records of sales of the pesticide Furadan 4F that were requested by a DEP inspector.

DEP Commissioner Amey Marrella said, “The settlement with Valley Green, Inc. reinforces the DEP’s commitment to careful regulation of pesticide use and reporting. Pesticides, especially restricted-use pesticides, must be used properly in order to protect natural resources.”

“To ensure this,” Commissioner Marrella said, “our state laws and regulations set standards for those eligible to purchase pesticides as well as for detailed record keeping. Valley Green, Inc. did not comply with these requirements.”

Railroad Fined for Delaying Cleanup of Spill on Tracks

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $12,000 penalty to the Providence and Worcester Railroad Company for failing to provide prompt notification and failing to perform a timely cleanup following a release of approximately 1,300 gallons of diesel fuel from a locomotive as a result of vandalism. The release occurred on a section of railroad track stretching from near the Blackstone Valley Shopping Village in Millbury, Massachusetts, to the Providence and Worcester Railroad Engine House in Worcester, Massachusetts.

On November 29, 2009, at approximately 9:30 p.m., a locomotive travelling northbound struck an object that had been placed on the rail by unidentified vandals. The object punctured the 2,000-gallon diesel fuel tank on the locomotive, which contained 1,600 gallons of diesel at the time. The train continued traveling approximately four miles to the Providence and Worcester Railroad Engine House, located at 382 Southbridge Street in Worcester, where approximately 300 gallons were recovered from the tank. During the incident, approximately 1,300 gallons had been released along the track to the underlying rail, railroad ties, ballast, and soil.

The Providence and Worcester Railroad notified MassDEP of the release the next day, well after the two-hour reporting period allowed under the regulations had expired. The company also delayed in assessing and cleaning up the fuel spilled on the track.

Under the terms of a consent order, the Providence and Worcester Railroad will review and revise its existing spill management plan in order to prevent similar events in the future and will pay $10,000 of the assessed penalty. An additional $2,000 penalty has been suspended provided that the railroad company remains in compliance with applicable regulations for the next two years.

“Timely notification to MassDEP is helpful to all parties in addressing a spill to the environment,” said Mary Gardner, deputy director of MassDEP’s Central Regional Office in Worcester. “Resolution of this matter will lead to better procedures for responding to spills.”

Webster Block, LLC Penalized $12,945 for Failing to Notify MassDEP after Contaminants Found in Soil at Redevelopment Site

MassDEP has penalized Webster Block LLC, $12,945 for failing to report contaminants discovered during an environmental assessment it undertook at a Chelsea, Massachusetts, property in 2006. The company is building a 120-unit residential apartment complex on the site.

Webster Block notified MassDEP of the elevated levels of petroleum and metals on August 27, 2010. MassDEP subsequently learned that Webster Block received a subsurface assessment of this contamination in soil as early as December 2006, but failed to file notification within 120 days as required.

“Having a report in hand, and knowing that elevated levels of contamination exist in soil and/or groundwater is considered essential information that must be shared and reported to MassDEP,” said Richard Chalpin, director of MassDEP’s Northeast Regional Office in Wilmington. “A great deal of damage, not to mention increased costs, are likely whenever contamination is ignored and allowed to spread out over time.”

This order requires an assessment report, a risk characterization and confirmation that there are no contaminant exceedences in the area of the footprint of the building, along with a description of any cleanup actions deemed necessary to ensure the eventual achievement of no significant risk for the entire site.

Webster Block will pay $8,000 of the penalty, and MassDEP has agreed to suspend the remaining $4,945 provided the terms of the cleanup plan are met. However, there is a stipulated penalty provision for any missed deadlines. A timely cleanup of the site will ensure that contamination does not impact nearby properties or public health.

Coeur Alaska, Inc., to Pay $170,000 for Unpermitted Discharges

Coeur Alaska, Inc., will pay a $170,000 penalty to resolve Clean Water Act violations stemming from unpermitted discharges at the Kensington Gold Project, located 40 miles north of Juneau, Alaska.

According to the settlement, Coeur had unpermitted discharges of sediment and acid rock drainage into Lower Slate Lake and East Fork Slate Creek between 2006 and 2010. The acid rock drainage contained very high concentrations of metals which were making their way into Slate Creek. The Company began collecting the drainage and treating it before land applying it nearby.

Edward Kowalski, Director of EPA’s Regional Office of Compliance & Enforcement, said the action underscores the Agency’s commitment to protecting Alaska’s natural resources.

“The metals discharging from the Kensington project posed a threat to the downstream environment.” said Kowalski. “In this case, Coeur not only failed to comply with the Clean Water Act, but potentially harmed East Fork Slate Creek by allowing unpermitted discharges, including acid rock drainage, to leave the mine property and enter the creek. The result: Coeur will pay a $170,000 penalty.”

This is not EPA’s first Clean Water Act enforcement action with Coeur at the Kensington Gold Project. In December, 2006, Coeur paid an $18,334 penalty to resolve construction stormwater violations and the company agreed to perform a Supplemental Environmental Project (SEP) by providing $90,000 toward the acquisition of a nearby wetlands conservation easement.

Projected Losses of Arctic Sea-Ice and Polar Bear Habitat may be Reduced if GHG Emissions are Stabilized

The study, led by the U.S. Geological Survey (USGS), included university and other federal agency scientists. The research broke new ground in the tipping point debate in the scientific community by providing evidence that during this century there does not seem to be a tipping point at which sea-ice loss would become irreversible.

The report does not affect the decision made by the U.S. Fish and Wildlife Service in 2008 to list the polar bear as a threatened species.

This new study builds and expands upon studies published by the USGS in 2007. The new study evaluates additional scenarios in which GHG emissions are reduced in comparison to the business-as-usual scenario that was exclusively used in the previous research. Modeling outcomes for the additional scenarios provided evidence that the projected continuation of Arctic sea-ice decline could be altered if GHG emissions were mitigated in a manner that stabilizes atmospheric CO2 levels at or less than around 450 parts per million. Current CO2 levels are around 390 ppm.

The 2007 studies by the USGS had projected that under the business-as-usual GHG emissions scenario, future reduction of Arctic sea ice could result in a loss of two-thirds of the world’s polar bear population by mid-century. They had also shown that under this scenario, loss of sea ice would have such a drastic negative effect on polar bears that other efforts to reduce stress on their populations would have negligible benefits. Other stress factors considered in the modeling include disease and predation, overutilization, contaminants, tourism, bear-human interactions, oil and gas activity, and shipping. The earlier study did not examine other GHG emission scenarios.

The new analyses published in the journal, Nature, indicate that with lower GHG emissions, coupled with reductions in other population stressors, polar bears could persist in all four ecoregions where they presently occur, said Steve Amstrup, lead author of the study and a scientist emeritus with the USGS Alaska Science Center.

Amstrup noted that their new work emulated the rapid sea-ice loss that occurred in the Arctic between September 2006 and September 2007 when the loss of sea ice equaled the total amount of ice lost during the previous 27 years. This exponential loss of ice during such a short time was one of the reasons why so many scientists were concerned that there might be a tipping point beyond which sea ice would be irreversibly lost.

“Instead, we found that the relationship between the loss of sea ice and the average global temperature is linear,” said Amstrup. “In fact, the models indicate that major losses of summer sea ice can occur without pushing ice into a tipping point with permanent ice-free summers. If such a tipping point had existed, it would have meant that efforts to reduce greenhouse gases would have had little value in stemming the loss of polar ice critical for polar bears.”

Polar bears depend on sea ice as a platform to hunt seals, their primary food. Current declines in habitat have been associated with declines in body stature, survival rates, and population size in broad areas of the current polar bear range.

The study was authored by Steve Amstrup (USGS), Eric DeWeaver (National Science Foundation), David Douglas (USGS), Bruce Marcot (USDA Forest Service), George Durner (USGS), Cecilia Bitz (University of Washington), and David Bailey (National Center for Atmospheric Research).

Landlord Ordered to Jail in Lead Case

In a case brought by attorneys for the Maryland Department of the Environment (MDE), a Baltimore landlord has been ordered to report to jail after he failed to bring all of his properties into compliance with the state’s lead paint laws.

The landlord, Cephus Murrell, was ordered jailed for contempt of court. He is to be detained until he brings the properties into compliance with lead laws or pays to relocate tenants of those properties, Baltimore Circuit Judge W. Michel Pierson ruled during a recent hearing.

Murrell has failed to meet a series of agreed-upon deadlines going back to February 2006 to obtain lead risk reduction inspection certificates for all of his properties. Lead risk reduction inspections are a critical part of Maryland’s very successful fight against childhood lead poisoning. Since 1993, childhood lead poisoning has been reduced by nearly 98%.

MDE filed a civil case in November 2006 against defendants Murrell and C. Murrell Business Consultants in Baltimore Circuit Court. In 2009, MDE filed a petition to have the defendants found in contempt for failing to meet the terms of an Amended Consent Decree designed to settle the case.

Murrell was found in contempt in June 2010 and was ordered to relocate tenants of eight rental units. Judge Pierson awarded MDE a judgment of $100,000. In October, after a series of follow-up hearings, the judge ordered that Murrell be incarcerated, but stayed the incarceration for as long as Murrell met a series of conditions. Those conditions included abating all unpaid rents for the affected properties and allowing tenants to live rent free through January 5, 2011, or, at any tenant’s request, relocating the tenant.

At a recent hearing, attorneys for MDE presented evidence that the defendant knowingly allowed unaccredited workers to perform lead abatement work and that the workers failed to follow proper work practices. Three properties remain out of compliance.

This is the second MDE lead program case to result in the incarceration of a property owner for civil contempt of court. The prior case involved a landlord who spent a weekend in jail in Dorchester County.

Hefty Fine for Pesticide Claims

EPA has fined Monterey Park, California-based Kinetic Solutions Inc., doing business as Rabbit Air, $82,400 for allegedly selling unregistered and misbranded pesticides and making unproven claims about their effectiveness.

EPA maintains that Kinetic Solutions Inc., made illegal public health claims for its air purifier branded “Nano Silver Pre Filter” and the filter’s ability to control over 650 types of bacteria, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In addition, its air purifiers did not list a valid EPA Establishment Number on the packaging, a federal requirement that helps regulators keep track of where pesticides and devices are produced.

“More and more manufacturers are touting ‘nano’ particles as antimicrobial,” said Jared Blumenfeld, Regional Administrator of EPA’s Pacific Southwest region. “EPA takes unsubstantiated claims very seriously, and as with the case against Kinetic Solutions, we will take action against unregistered products.”

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