Keeping Up With Environmental Regulations Is Easy With New EPA Website

EPA is making federal environmental regulation more transparent by providing online information as soon as the agency begins the development of a new rule.

 AILs will be posted on the EPA website at the end of each month, describing actions that were approved for commencement. 

The AILs provide summaries, agency contacts, and other information about the rules EPA approved for development. For example, the March 2008 AIL announced the agency's plans to issue an advanced notice of proposed rulemaking for greenhouse gases in late spring. This notice will solicit public input as EPA considers the specific effects of climate change and potential regulation of greenhouse gas emissions from stationary and mobile sources under the Clean Air Act. The March AIL also announced the agency's plans to propose a rulemaking that builds on EPA's existing renewable fuels standard program. The expansion of the program was mandated by the 2007 Energy Independence and Security Act.

The February and March 2008 AILs are now available. EPA expects to release the April AIL around April 30.

EPA Publishes Annual National Greenhouse Gas Inventory

The report, “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990–2006,” is the latest in an annual set of reports that the United States submits to the Secretariat of the United Nations Framework Convention on Climate Change, which sets an overall framework for intergovernmental efforts to tackle the issue of climate change.

“Each year since 1993, EPA’s experts have built a comprehensive inventory of U.S. greenhouse gas emissions,” said Robert Meyers, principal deputy assistant administrator for EPA’s Office Air and Radiation. “Our understanding of emission sources is paramount to combating climate change.”

Total emissions of the six main greenhouse gases in 2006 were equivalent to 7,054.2 million metric tons of carbon dioxide. These gases include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. The report indicates that overall emissions have grown by 14.7% from 1990 to 2006, while the U.S. economy has grown by 59% over the same period.

The decrease in emissions in 2006 was due primarily to a decrease in carbon dioxide emissions associated with fuel and electricity consumption. The following factors were primary contributors to this decrease:

• Compared to 2005, 2006 had warmer winter and cooler summer conditions, which decreased consumption of heating fuels and reduced demand for electricity, respectively.
• Consumers decreased fuel consumption due to rising fuel prices, primarily in the transportation sector.
• The use of natural gas and renewables increased in the electric power sector

EPA prepares the annual report in collaboration with experts from multiple federal agencies and after gathering comments from a broad range of stakeholders across the country.

The inventory tracks annual greenhouse gas emissions at the national level and presents historical emissions from 1990 to 2006. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” or through the uptake of carbon by forests, vegetation, and soils.

Congress Holds Largest Hearing Ever on Clean Water Legislation

Congress is currently considering important legislation, the Clean Water Restoration Act, which will guarantee that all rivers, lakes, streams, wetlands, and other waters remain protected from pollution and destruction. On April 16, the Transportation and Infrastructure Committee in the House of Representatives held the largest hearing ever on this bill.

On April 9, the U.S. Senate Environment and Public Works Committee also held a legislative hearing on this bill. The Clean Water Restoration Act clarifies Congress' intent to protect all U.S. waters. When Congress passed the Clean Water Act (CWA) more than 35 years ago, it intended to protect all rivers, streams, lakes, wetlands, and other waters from pollution and destruction. But muddied rulings by the U.S. Supreme Court and ambiguous guidance documents from federal agencies have created confusion over CWA protections.

"This is the most important clean water legislation in the last 35 years," said Joan Mulhern, senior legislative counsel with Earthjustice. "Congress has made the right move to propose the Clean Water Restoration Act. More than 110 million Americans get their drinking water from the same streams and headwaters that could lose their federal Clean Water Act protection. Every day, the Army Corps of Engineers and the EPA are making decisions that remove federal protection for these waters. Without this bill, polluting streams, filling wetlands, and burying waters will be common practice."

At the Senate hearing, Former EPA Administrator Carol Browner wrote in her testimony that, "I recognized, as did the administrators who preceded me, that Congress intended for the Clean Water Act to cover all of our nation's interconnected water resources, including watersheds, tributaries, and wetlands."

The Transportation and Infrastructure Committee—the largest committee in the House of Representatives—heard testimony from more than 20 witnesses on the Clean Water Restoration Act. Already, 175 members of the House of Representatives are cosponsoring the bipartisan Clean Water Restoration Act, and 21 Senators are cosponsoring companion legislation in the Senate (bill numbers H.R.2421 and S.1870).

By EPA's own estimates, 59% of the nation's streams are either first order (headwater) streams or are seasonal. These waters supply drinking water to public supplies that serve more than 110 million Americans. It is these tributaries and streams, along with millions of acres of wetlands, that are most at risk of being left open to unregulated pollution and destruction if Congress does not adopt the Clean Water Restoration Act.

During an important Supreme Court case in 2006 commonly referred to as the Rapanos decision, some 34 states and the District of Columbia joined in a "friend of the court" brief supporting the long-standing definition of "waters of the United States" contained in EPA and Army Corps of Engineers regulations since 1975.

The EPA estimates that approximately 20 million acres of wetlands and 60% of America's streams nationwide are either "isolated," "intermittent," or "start reach" tributaries. These are the waters now most at risk of losing CWA protection under the legal definition offered by the Supreme Court. Specific waters include:

• 84 miles of perennial streams, 3,900 miles of intermittent waters, and 4,000 playa wetlands in New Mexico
•  22% of wetlands in New York City that could be considered "isolated"
• 70% of Montana's 192,000 miles of streams that are "intermittent" headwaters
• 23% of Minnesota wetlands statewide, including a loss of 92% in the northern glaciated plains
• 800,000 acres of wetlands in Florida's panhandle that are considered "isolated," 2,956 miles of intermittent streams, and 25,909 miles of "non-navigable" ditches and canals
• 50% of stream length in Ohio that are considered "ephemeral" or "dry"
• 77,371 acres of so-called "isolated" wetlands in California
• More than half of all the streams in Tennessee that are currently considered "non-navigable" and a million acres of wetlands in Wisconsin that can be considered "isolated"

Washington Assists Health Care Industry in Dealing With Pharmaceuticals

The Washington Department of Ecology (Ecology) is helping health care facilities improve the way they dispose of pharmaceutical waste to prevent it from entering the environment.

 The goals of the policy are to protect human health and the environment by preventing health care facilities from putting waste pharmaceuticals into the sanitary sewer or trash.

Patient-care facilities work with multiple regulatory agencies for dispensing, storing, and disposing of pharmaceutical wastes. The policy clarifies how requirements in the state dangerous waste regulations interact with requirements of the Washington State Board of Pharmacy and U.S. Drug Enforcement Administration.

“Our state’s health care facilities have unique challenges managing waste pharmaceuticals,” said Darin Rice, who manages Ecology’s hazardous waste and toxics reduction program. “Our technical assistance visits show over and over that many health care facilities are not complying with state regulations in handling pharmaceutical waste. Compliance with our regulations is important because it means less impact from pharmaceuticals going down the drain or in the trash.”

Low concentrations of pharmaceutical compounds are present in the environment. They enter the environment when they are flushed down the toilet, thrown into the trash, or pass through people and animals. Current sewer and septic systems do not completely remove the medicines, allowing small concentrations to pass into the environment.

The Washington Department of Health doesn’t believe pharmaceutical compounds in the environment are likely to be an immediate health threat at the low levels reported. Health officials are seeking more definitive research to determine the potential for health effects from both short-term and chronic exposure. Meanwhile, Ecology and the Environmental Protection Agency are proposing a project that will examine wastewater treatment options that are more effective in removing pharmaceuticals.

“Concentrations of pharmaceutical compounds in the environment are not going away, and we think the health care industry can help take a big dent out of this persistent problem,” Rice said.

Ecology staff will be available to provide technical assistance to health care facilities on the new policy. Facilities covered under the new policy include hospitals, acute-care facilities, outpatient surgery centers, practitioner offices, clinics, dental offices, nursing units, ambulatory clinics, veterinary care facilities, and retail pharmacies that dispense pharmaceuticals to the consumer.

Trucking Company Fined $50,000 for Air Quality Violations

Mex-Cal Truckline, also known as Cal-Mex International Broker, Inc., has settled with the California State Attorney General's Office for $50,000 for failing to comply with state air quality laws.

An August 2006 ARB investigation showed that the company, based in San Diego, did not properly self-inspect its fleet of 20-plus trucks for excess diesel emissions as state regulations require. Mex-Cal Truckline also has a terminal in Tijuana.

"Heavy-duty vehicle inspections play an integral role in helping to reduce diesel emissions from trucks on California's streets and highways," Air Resources Board Chairman Mary Nichols said. "It's the responsibility of all trucking company operators, including Mex-Cal Truckline, to inspect and properly maintain all their vehicles. Ultimately, they need to understand that the cost of compliance is typically far less than the cost of a serious citation."

When ARB offered Mex-Cal an opportunity to settle the violations for $30,000, the company rejected it. Their actions led ARB to file a complaint with the State Attorney General's office. The case was ultimately settled, but it cost Mex-Cal an additional $20,000.

Under the terms of the settlement, Mex-Cal has agreed to pay $33,750 to the California Air Pollution Control Fund, which was established to mitigate various sources of pollution through education and the advancement and use of cleaner technology. In addition, $5,000 will be paid to the Office of the California Attorney General for legal fees and $11,250 to the Peralta Community College District for California community colleges that participate in the California Council on Diesel Education and Technology (CCDET) program. The CCDET is a joint training effort by community colleges, government, and industry to assist the trucking and transit industries in complying with the ARB's diesel vehicle fleet regulations.

Mex-Cal Truckline also agreed to comply with all of ARB's current and future applicable regulations, including but not limited to the Periodic Smoke Inspection Program and the Heavy-Duty Vehicle Inspection Program.

Diesel exhaust contains a variety of harmful gases and more than 40 other known cancer-causing substances. In 1998, California identified diesel exhaust as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems. People exposed to higher levels of emissions from diesel-fueled engines are at higher risk for developing cancer.

Louisiana Launches New Air Quality Effort

The Louisiana Department of Environmental Quality launched a new statewide effort to combat ozone and improve air quality. A statewide Ozone Steering Committee will be a key factor in an air quality education and awareness campaign.

The steering committee will include state and local government, environmental groups, industry, non-profits, and trade and community groups. This committee will encourage communities to start their own clean-air coalitions, promote early-action measures to mitigate the impact of the new standard, and work with Congress on Clean Air Act reforms.

Air quality in Louisiana has continued to improve, but on March 12, EPA lowered the standard for ozone from 80 parts per billion to 75 parts per billion. The lower standard could put much of the state out of attainment for ozone. Before the change, the state’s only nonattainment area was the five-parish Baton Rouge area.

“This committee is the beginning of a grass roots effort to provide information to local and business communities, statewide,” said Louis Buatt, DEQ Assistant Secretary. “Information that lets people know what the stakes are and what impacts the new standard will have on communities is vital in early planning. There are positive steps and voluntary measures that can be taken to lessen the impacts, and the committee will offer support for the communities so they can take them.”

Maryland Signs the Governor’s Declaration on Climate Change

Maryland Governor Martin O’Malley joined 18 governors from across the country, representing both political parties, in signing a pledge to recommit to stop global warming. The governors called on Congressional leaders and the Presidential candidates to work in partnership with states to establish a comprehensive national climate policy. The Declaration laid out three principles: the need for a partnership between state and federal government, the role of current state policies with demonstrated effectiveness as a framework for national policy, and the need to establish meaningful rewards for success at both the state and federal level.

"Governor O’Malley signed this declaration to highlight the leadership states have continued to take for our country on climate change. Whether it is blocking the implementation of clean cars or moving forward with critical energy reduction and other climate change programs, the federal government has not stepped up,” MDE Secretary Shari T. Wilson said.

A signing ceremony was held during the Conference of Governor at Yale University. The first Conference of Governors was convened 100 years ago with President Roosevelt; the goal then was to establish a conservation partnership between the states and the federal government. Always the pragmatist, Roosevelt said, “My concern is not the academic discussion of either the principles of state rights or the principle of national sovereignty, but it’s what will best conserve the needs of the people as a whole.”

What was true in 1908 remains true in 2008. The 2008 conference was convened because of recognition that states are facing a new threat to our natural resources and our way of life, and governors are prepared to act with similar courage and determination to meet the needs of Americans.

Ace Hardware and New Hampshire DES Partner on Free Lamp Recycling

Thanks to a program offered by Ace Hardware stores and the New Hampshire Department of Environmental Services, homeowners and small businesses have a convenient way to recycle spent fluorescent lamps. While fluorescent lamps save energy, they all contain a small amount of mercury, which is a highly toxic heavy metal that can harm the environment and our health when improperly disposed. To keep mercury out of the environment, homeowners and small businesses may bring their spent lamps to any participating Ace hardware store where the lamps will be collected and properly recycled at no cost to the consumer.

Fluorescent lamps save energy and thereby reduce pollution when compared to standard incandescent lamps. For example, when Public Service of New Hampshire (PSNH) assisted with lamp change-over projects in 18 major companies, the resulting 2.4-million kilowatt hours of energy saved reduced power plant carbon dioxide emissions by more than 3.6 million pounds and sulfur dioxide emissions by an excess of 24,000 pounds. However, the 106 pounds of mercury estimated to be annually generated by New Hampshire’s 2.4 million spent lamps makes fluorescent lamps one of the largest sources of mercury in the state. Mercury is a potent toxin that can affect the human nervous system, damage developing fetuses, and interfere with brain function in children.

Because there are few recycling or disposal options for homeowners or small businesses, only about 20% of the state’s spent fluorescent lamps are properly recycled. The remaining fluorescent lampsare tossed in the trash where they can create serious environmental problems when burned at an incinerator and released as an air emission.

To create this program, Ace Hardware stores, the New Hampshire Department of Environmental Services, and PSNH teamed up to create a system to collect, consolidate, and recycle spent fluorescent lamps generated by homeowners and small businesses in New Hampshire and Vermont. Here’s how it works: The Ace Hardware distribution center in Wilton, N.Y., stocks special lamp recycling boxes provided by Complete Recycling Solutions, a state-approved lamp recycling facility. Ace Hardware will use its product distribution system to send empty recycling boxes to participating, local Ace Hardware stores. Homeowners and small businesses may bring up to six fluorescent lamps to the local store where they will be accepted for free and stored in the recycling boxes. When the boxes are full, returning Ace Hardware distribution trucks will return them to the distribution center where they will be picked up by Complete Recycling Solution for recycling.

This program is being offered as a free service to consumers. The cost of recycling the lamps is paid by the Department of Environmental Services. Public Service of New Hampshire is helping DES with program advertising, and Ace Hardware supplies the store locations, manages the lamps, and transports them to their distribution center for consolidation and recycling.

Sustainable Living Tips for Earth Day

In recognizing Earth Day (April 22), the Oregon Department of Environmental Quality (DEQ) is encouraging Oregonians to help protect the state’s beauty and natural environment by adopting practices that prevent air, water, and land pollution. To help citizens, the agency has compiled sustainable living tips and resources for people interested in reducing and preventing pollution.

DEQ’s Sustainable Living Tips webpage provides links and documents on useful pollution prevention tips on reducing air pollution, preventing groundwater pollution, minimizing toxics at home, saving energy and money, conserving water, being a savvy consumer, recycling and reuse, preventing pollution at work, and stopping invasive species.

Water pollution is a growing problem resulting in part from chemical fertilizers that homeowners often use. For citizens who would like to find out how to have a great-looking lawn without chemical fertilizers and weed killers, visit www.healthylawns.org. This DEQ “Healthy Lawns, Healthy Families” site includes information about how our lawn-care habits influence water quality and tips on how to practice natural lawn care.

Oregon DEQ Issues $27,200 Fine for Delayed Spill Report

Oregon DEQ fined NEWCO Inc., doing business as High Purity Products, $27,200 as a result of the company’s failure to immediately report to the state a major spill of hydrofluoric acid, a corrosive hazardous waste, onto the facility’s loading dock at 5740 NW Front Ave., Portland, in September 2006. DEQ also determined that the company did not immediately contain and clean up the spill, exposing workers to hydrofluoric acid vapors. Hydrofluoric acid is considered a dangerous chemical and, upon direct contact, can easily penetrate human tissue and bone. It also interferes with nerve functions.

NEWCO manufactures and distributes industrial chemicals, including acetone, acids, and catalyst agents. DEQ became aware of the acid spill on Sept. 27, 2006, when it responded to a complaint of a spill that occurred two days earlier at the NEWCO plant. The spill reportedly occurred when a forklift punctured a 55-gallon container of hydrofluoric acid. Upon a facility inspection on September 28, DEQ determined that an estimated 40 gallons (385 pounds) of hydrofluoric acid had been released onto the facility loading dock. During the inspection, DEQ hazardous waste specialists also discovered that NEWCO had yet to report the hazardous waste spill to the state Office of Emergency Management, as required by Oregon law. The company did contact the Office of Emergency Management later that day.

During the site investigation, DEQ also noted that instead of calling a City of Portland HAZMAT team or another appropriate responder to clean up the spill, NEWCO attempted to clean up the spill itself by placing absorbent material on the spill and putting the mix of absorbent and spilled acid into plastic bags. Oregon law requires that persons responsible for spills immediately clean up the spill by fully containing the spill or release and any threatened spill or release. The plastic bags NEWCO used did not adequately contain the waste, allowing dangerous hydrofluoric acid vapors to escape. By not immediately cleaning up and properly containing all aspects of the spill, NEWCO risked exposing its workers to hazardous hydrofluoric acid vapors. Officials from the Oregon Occupational Safety and Health Division (OR-OSHA) visited the spill site to conduct further investigation.

DEQ assessed NEWCO a $13,600 penalty for failing to immediately report to the state the spill and other threatened releases of hazardous wastes. NEWCO received an additional $13,600 penalty for failing to immediately clean up the spill.

NEWCO appealed the penalty on March 21. It has scheduled an informal hearing with DEQ on April 30 to discuss its interpretations of the incident.

EPA Fines Greif Inc. $9,412 for Hazardous Waste Violations

EPA has fined Greif, Inc., of Merced, Calif., $9,412, for violating multiple federal Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.

Greif, Inc., manufactures industrial packaging products, specifically steel, plastic, fiber, corrugated and multiwall containers, and protective packaging for various industries.

“Companies that generate hazardous waste must properly contain, manage, and dispose of their wastes,” said Nancy Lindsay, director of the Waste Management Programs of the EPA’s Pacific Southwest Region. “Failure to do so affects the safety of the community, workers, and the environment, as spilled waste can contaminate soil and underground water sources.”

Greif, Inc. violated the following hazardous waste requirements:

• Failure to comply with labeling requirements for containers of hazardous wastes
• Storing hazardous waste in open containers
• Failing to properly maintain a hazardous waste facility
• Failing to comply with air emission standards for hazardous waste containers
• Failing to maintain a complete contingency plan

The EPA discovered the violations during a January 2007 inspection. Greif, Inc. has since corrected the violations.

Army Develops “Green” Paint

A new coating system being made available for the Army's use to paint aircraft and other equipment performs better than the standard system—and it is safer to human health and the environment. This breakthrough comes after two years of research and testing conducted by the Connecticut Army National Guard at its 1109th Aviation Classification Repair Activity Depot (AVCRAD) on trivalent chromium-based primers and sealers.

Chromium has long been used in paint to create dense, protective coatings. This is especially important to the Army which needs to cover its equipment with paint that can resist corrosive chemical agents. However, chromium, in its hexavalent form, is a known carcinogen. Although the Army has used chromium-6-based paint safely to protect and extend the life of its expensive equipment, it was open to trying something else that wasn't so potentially harmful both to human health and the environment. The question was, what else is there? Now they know. It's a different kind of chromium-based paint that uses chromium-3 instead of chromium-6.

Willingness to find a new paint system turned to resolve in 2006 when OSHA released more stringent regulations for permissible exposure limits of chromium-6. That's when the Connecticut Army National Guard's 1109th AVCRAD, which plays a major role in aircraft maintenance for the Army, decided that finding a green alternative to the standard chromium-6 paint system was better than upgrading its air filters to meet the new requirements.

The maintenance team at the 1109th AVCRAD initiated a rigorous hunt for a suitable replacement. What they found was a water-based chemical agent resistant-coating system that exceeds the performance of the old system. The replacement-coating system leaves a smoother finish coating and is more resistant to fading and chalking, which minimizes the need for cosmetic painting procedures.

The new chromium-3-based coating system is also safer to human health and the environment because it reduces the use of hazardous materials and the release of potentially harmful air emissions. It also significantly reduces the harmful chemicals that are present when disposing of paint stripping waste.

"AVCRAD's willingness to test and demonstrate the viability of alternative aircraft primers will help eliminate they Army's use of chromium-6, resulting in significant protection of human health and the environment," says Dana Arnold, chief of staff for the Office of the Federal Environmental Executive. "The Office of the Federal Environmental Executive applauds AVCRAD for helping the Army to meet (an Executive Order) while achieving its mission."

Partnering with the U.S. Army Aviation and Missile Command, the 1109th AVCRAD initiated and now manages the effort to promote use of the new paint system in both military and private organizations.

For implementing the aviation industry's first chromium-3 painting system suitable for use to the Army, the Connecticut Army National Guard's Aviation Classification Repair Activity Depot received the Army's highest honor in environmental stewardship—the Secretary of the Army Environmental Award. The award was conferred on the installation at a ceremony on April 4.

EPA Settlement With LIRR Sheds Light on Need for Proper Fluorescent Bulb Disposal

Most Long Island Rail Road (LIRR) commuters don’t give the proper disposal or recycling of the fluorescent lights over their heads a second thought as they ride in and out of Manhattan. However, this issue is at the heart of the recent resolution of an EPA complaint against the LIRR, which the railroad settled by paying a financial penalty of $43,875.

EPA inspected the Hillside Maintenance Facility in Hollis, New York, last year and, based on that inspection and other information received from LIRR, found violations where fluorescent light bulbs were disposed of as regular garbage at three facilities. In addition to the Hillside facility, Richmond Hill Sheridan Shop in Richmond Hill, NY, and West Side Storage Yard in New York City were identified. While fluorescent bulbs may seem harmless, they contain mercury and can be harmful to people and the environment if improperly discarded.

The LIRR estimates that it generated nearly 260,000 spent fluorescent light bulbs from 2003 to 2005. In July 2005, the railroad determined its spent bulbs are wastes that needed special handling in accordance with EPA rules. The LIRR immediately put a program into place to recycle and properly manage its spent bulbs. The LIRR is now in compliance with all EPA rules on the proper handling of spent fluorescent bulbs.

“Fluorescent lights are super efficient—up to 80% more than incandescent bulbs—which is great for the environment, but they do have to be handled properly once they burn out,” EPA Regional Administrator Alan J. Steinberg said. “Most people don’t realize that every time they toss a fluorescent bulb into the regular trash, they are releasing mercury into the environment. Though these bulbs only contain a very small amount of mercury, it can add up fast. The LIRR settled this matter quickly and is setting a good example for others by recycling these items.”

Currently available recycling systems can capture up to 99% of the mercury in fluorescent bulbs and the mercury can be reused in new bulbs. Other types of light bulbs, including high-intensity discharge (HID), neon, mercury vapor, high-pressure sodium, compact fluorescent, and metal halide lamps can also contain mercury, lead, and cadmium.

While the disposal of certain low mercury and green tip fluorescent bulbs are not covered by EPA rules, Agency regulations require that non-green tip spent mercury and other toxic metal-containing bulbs from business, industry, and government be handled as hazardous waste or under the simpler universal waste rules to prevent the release of mercury and other toxins into the environment. The universal waste regulations streamline collection requirements for certain hazardous wastes in the following categories: batteries, pesticides, mercury-containing equipment (e.g., thermostats), and lamps (e.g., fluorescent bulbs). While EPA recommends that even green tip spent bulbs be recycled because they do contain some mercury, some states have stricter requirements and may require that even green tip spent bulbs be handled as a hazardous waste.

Once it’s released into the environment, mercury will repeatedly cycle through the land, water, and air. When airborne, it can be deposited on soil and water bodies, settle in sediments, and, ultimately, be consumed by and stored in the fat reserves of living organisms. An unfortunate outcome of this problem is the prevalence of fish advisories resulting from mercury contamination.

For more information on the proper disposal of mercury and other toxic metal-containing bulbs in New York State, members of the public and businesses should contact Anthony Martin, Department of Environmental Conservation, at 518-402-8633, Ajmartin@gw.dec.state.ny.us, or visit http://www.dec.ny.gov/chemical/285.html.

New Report Highlights Environmental Issues in Some Unlikely Places

The illustrated report takes an in-depth look at many of the important environmental issues facing Arizona, California, Hawaii, Nevada, 146 tribes, and several Pacific Islands that comprise Region Nine.

“While many of the environmental issues before us will take years to resolve, we have made remarkable improvements,” said Wayne Nastri, Administrator of EPA’s Pacific Southwest Region. “This real progress is the result of innovative approaches and relentless efforts by dedicated professionals and concerned citizens.”

The 2008 progress report covers a wide range of established challenges and emerging issues, including:

• Wastewater treatment at the U.S.–Mexico border
• Protecting children from pesticides and toxics in the home
• Environmental justice in low-income and minority communities
• Contaminated land in Hawaii and the Pacific Islands
• Developing cleaner, hybrid-power delivery trucks and buses
• Spurring the growing green building movement
• Reducing energy impacts and addressing climate change

The report also provides an inside look at the people who make up the Agency and their commitment to improving environmental conditions throughout the region. Dedicated professionals, like father and son team Harry Allen III and Harry Allen IV, who have been collaborating on bioremediation—the science of helping bacteria flourish to break down toxic contaminants in the environment. Dad provides the recipe, and son mixes it up and applies it to site cleanups.

Menards Settles With EPA After Destroying Stretch of Big Sioux Tributary

Menards, Inc., of Eau Claire, Wis., has agreed to pay a civil penalty of $68,125 for destroying a stretch of a tributary, or stream, of the Big Sioux River in Sioux Falls, S.D. In addition, under the terms of an administrative order issued in March 2006, Menards will restore a portion of Slip Up Creek.

The damage was inflicted during construction of a storm water management system and site grading activities associated with the construction of a new Menards retail store and parking lot.

Nearly 1,500 feet of an unnamed tributary of the Big Sioux River running across Menards’ property at 110 N. Highline Avenue in Sioux Falls was placed into a 66-inch pipe and buried. A parking lot was then built over top of it. A storm water control structure was also placed into the stream. In total, 1,390 feet of the stream running across Menards’ property were eliminated.

Menards is mitigating its impacts to the stream by restoring a portion of Slip Up Creek. The project, developed by Menards and approved by EPA, will restore and protect more than 4,000 feet of Slip Up Creek by stabilizing the stream banks, re-establishing native vegetation along the restored stream banks, and excluding livestock from the restored stream banks and riparian areas.

This action will help compensate for impacts to the unnamed stream associated with the construction of the Menards store and parking lot. Slip Up Creek is in the Lower Big Sioux River watershed, the same watershed in which the stream impacted by Menards is located.

“EPA took this action to prevent the pollution of the wetlands, lakes, and streams of South Dakota and to provide deterrence against future violations of federal laws designed to protect valuable water resources,” EPA Region 8 Assistant Regional Administrator Michael Gaydosh said.

The project was completed in 2004, and the Menards store is open for business. Menards is the third-largest home improvement chain in the United States, operating approximately 200 retail stores and employing approximately 35,000 people in the Upper Midwest.

This stream and other waters in the area provide important functions and values including aquatic habitat; an urban wildlife corridor for deer, pheasants, ducks, and other wildlife; and aesthetics.

A U.S. Army Corps of Engineers permit is required before performing any work that results in discharges of dredged or fill material into U.S. waters, including lakes, rivers, streams, and certain wetlands. Property owners, contractors, or developers planning to do any work in such waters should always contact the U.S. Army Corps of Engineers’ regulatory office in Pierre, S.D., at 605-224-8531, before they begin work to determine if they need a permit.

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Trivia Question of the Week

A team of high school students beat teams from 23 universities by building a vehicle with the highest mileage in Shell’s Eco-Marathon. The vehicle achieved more than:

a. 500 MPG
b. 750 MPG
c. 1,800 MPG
d. 2,800 MPG