REACH Pre-Registration of Phase-in Substances Facilitated With New Tool

REACH is the regulation for Registration, Evaluation, Authorization, and Restriction of Chemicals. With a few exceptions, U.S. companies that export to Europe will have to register the substances in their products with the European Chemicals Agency (ECHA). REACH places greater responsibility on industry to manage the risks that chemicals may pose to health and the environment. Pre-registration of these substances before Dec, 1, 2008, extends the deadlines for full registration of the substances for several years. Missing the deadline or failure to register could result in the inability to ship products to Europe. 

The tool can be used for preparing the pre-registration XML files. One XML file can be created for each substance (single pre-registration). More than one substance can be included in one file under certain conditions (bulk pre-registration).

Beginning June 1, 2008, the single and bulk XML files can be submitted to ECHA using the REACH-IT web application.

This tool is only one option for pre-registration. REACH-IT will also allow the data to be entered directly, using your web browser. Alternatively, other tools can be developed by implementing the specification of the pre-registration format for the XML files, which are also published on the IUCLID website.

OMB Watch Launches Regulatory Resource Center

The Resource Center provides tips for advocates who want to get involved in regulatory decision-making and educational resources for anyone interested in how the federal regulatory process works.

The first part of the Regulatory Resource Center is the Advocacy Center, which shows users how to comment on federal regulations and provides instructions for using Regulations.gov, the government's portal for public comments. The Advocacy Center also has instructions for filing a rulemaking petition and tips on how to read the Federal Register.

The second part of the Resource Center is the Policy Library, which contains a flowchart showing how rules move through the regulatory pipeline; a list and brief description of rulemaking agencies; background information describing how the regulatory process works from beginning to end; and a glossary of common regulatory terms. The Policy Library also has a reference section, which provides links to legislation, executive orders, and government reports on regulatory policy.

In October 2007, OMB Watch released a developmental version of the Regulatory Resource Center and surveyed the public for comments and ideas. Responses to the survey were overwhelmingly positive. A number of respondents complimented OMB Watch on its efforts to centralize all information about the regulatory process in one place. One respondent called it "a tremendous gift to citizens and to students."

Climate Registry Releases Final General Reporting Protocol

These standards represent best practices for GHG reporting and are consistent with the WRI/WBCSD and ISO global guidelines and protocols.

Voluntary reporting to the Registry will give you experience in creating a high-quality, protectable carbon footprint that can be useful in many ways as North America moves towards various state, provincial, and federal mandatory programs. Benefits of reporting include:

1. A cost-effective means to measure GHG emissions and identify areas to reduce emissions
2. Documentation of early action and reductions
3. Preparation and skill-building for assessing proposed regulatory policies
4. Accurate reports for management, customers, employees, and policymakers
5. Recognition as a global environmental leader
6.  
7. The Climate Registry  hopes others will consider reporting organizational emissions to the Registry. All Reporters that sign up by May 1 will be Founding Reporters.

Army Corps and EPA Improve Wetland and Stream Mitigation

The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency released a new rule to clarify how to provide compensatory mitigation for unavoidable impacts to the nation's wetlands and streams. The rule will enable the agencies to promote greater consistency, predictability, and ecological success of mitigation projects under the Clean Water Act.

"This rule greatly improves implementation, monitoring, and performance, and will help us ensure that unavoidable losses of aquatic resources and functions are replaced for the benefit of this nation,” said John Paul Woodley Jr., Assistant Secretary of the Army for Civil Works. “This is a key step in our efforts to make the Army's Regulatory Program a winner, and the best it can be for the regulated community we serve and those interested in both economic development and environmental protection."

"This rule advances the president's goals of halting overall loss of wetlands and improving watershed health through sound science, market-based approaches, and cooperative conservation," said EPA Assistant Administrator for Water Benjamin H. Grumbles. "The new standards will accelerate our wetlands conservation efforts under the Clean Water Act by establishing more effective, more consistent, and more innovative mitigation practices."

Benefits of the compensatory mitigation rule include:

• Fostering greater predictability, increased transparency and improved performance of compensatory mitigation projects
• Establishing equivalent standards for all forms of mitigation
• Responding to recommendations of the National Research Council to improve the success of wetland restoration and replacement projects
• Setting clear science-based and results-oriented standards nationwide while allowing for regional variations
• Increasing and expanding public participation
• Encouraging watershed-based decisions
• Emphasizing the "mitigation sequence" requiring that proposed projects avoid and minimize potential impacts to wetlands and streams before proceeding to compensatory mitigation

Each year thousands of property owners undertake projects that affect the nation's aquatic resources. Proposed projects that are determined to impact jurisdictional waters are first subject to review under the Clean Water Act. The Corps of Engineers reviews these projects to ensure that environmental impacts to aquatic resources are avoided or minimized as much as possible. Consistent with the administration's goal of "no net loss of wetlands," a Corps permit may require a property owner to restore, establish, enhance, or preserve other aquatic resources in order to replace those impacted by the proposed project. This compensatory mitigation process seeks to replace the loss of existing aquatic resource functions and area.

Property owners required to complete mitigation are encouraged to use a watershed approach and watershed planning information. The new rule establishes performance standards, sets timeframes for decision-making, and, to the extent possible, establishes equivalent requirements and standards for the three sources of compensatory mitigation: permittee-responsible mitigation, mitigation banks, and in-lieu-fee programs. The new rule changes where and how mitigation is to be completed but maintains existing requirements on when mitigation is required. The rule also preserves the requirement for applicants to avoid or minimize impacts to aquatic resources before proposing compensatory mitigation projects to offset permitted impacts.

Wetlands and streams provide important environmental functions including protecting and improving water quality and providing habitat to fish and wildlife. Successful compensatory mitigation projects will replace environmental functions that are lost as a result of permitted activities. 

Aircraft Drinking Water Regulation Proposed

 The proposed Aircraft Drinking Water Rule (ADWR) will tailor existing health-based drinking water regulations to fit the unique characteristics of aircraft public water systems. The rule will protect the public from illnesses that can result from microbiological contamination.

"We're upgrading airline drinking water standards to first-class status with better testing, treatment, and maintenance," said Assistant Administrator for Water Benjamin H. Grumbles.

In 2004, EPA tested aircraft drinking water quality and reviewed air carrier compliance with regulations. EPA found that 15% of tested aircraft tested positive for total coliform bacteria. The agency also found that air carriers were not meeting existing regulations, primarily because those regulations were designed for stationary public water systems. In response, EPA began a process to tailor the existing regulations for aircraft public water systems and placed 45 air carriers under administrative orders on consent that are in effect until aircraft drinking water regulations are final.

The proposed ADWR will protect drinking water through monitoring, disinfection, and public notification, a combination that EPA believes will better protect public health. The approach will build on existing aircraft operations and maintenance programs and better coordinate federal programs that regulate aircraft water systems. The proposed ADWR applies to the aircraft's onboard water system only. The Food and Drug Administration is responsible for regulating the airport-watering points that include water cabinets, carts, trucks, and hoses from which water is boarded upon aircraft. EPA and the states are responsible for regulating public water systems that supply drinking water to airport watering points. While the proposed rule only addresses aircraft within U.S. jurisdiction, EPA is also supporting an international effort led by the World Health Organization to develop international guidelines for aircraft drinking water.

EPA Seeks Public Comment on Water Strategy to Respond to Climate Change

The EPA is seeking public comment on a draft strategy that describes the potential effects of climate change on clean water, drinking water, and ocean-protection programs and outlines EPA actions to respond to these effects. The National Water Program Strategy: Response to Climate Change focuses on actions designed to help managers adapt their water programs in response to a changing climate.

"Our draft strategy is a timely response to a serious challenge. We look forward to getting comments from the public and continuing our proactive and responsible approach," said Assistant Administrator for Water Benjamin H. Grumbles. "Clean water and clean energy go hand in hand and the actions we take under our National Water Program are integral to the agency's overall work on climate change."

Other elements of the draft strategy include steps needed to strengthen links between climate research and water programs, and to improve education for water program professionals on potential climate change impacts. The strategy also identifies contributions that water programs can make to mitigate greenhouse gases. Some of the potential impacts of climate change on water resources reviewed in the strategy include increases in certain water pollution problems, changes in availability of drinking water supplies, and collective impacts on coastal areas. The public comment period is open for 60 days.

DOT Proposal Improves Rail Hazmat Tank Car Safety

The safety of rail tank cars that carry the most dangerous hazardous materials will be dramatically improved under the most sweeping and revolutionary proposal in decades, announced U.S. Secretary of Transportation Mary E. Peters.

“This proposal is designed to significantly reduce the hazard of hauling hazardous materials by rail,” Peters said, explaining that the performance-based standard will increase by 500% on average the amount of energy the tank car must absorb during a train accident before a catastrophic failure may occur.

. The proposal allows flexibility in reaching that goal, but it is expected the outer tank car shell and both head ends will be strengthened, the inner tank holding the hazmat cargo will be better shielded, and the space between the two will be designed with more energy absorption and protection capabilities.

The proposed rule also sets a maximum speed limit of 50 mph for any train transporting a PIH tank car. In addition, a temporary speed restriction of 30 mph is being proposed for all PIH tank cars not meeting the puncture-resistance standard and that are traveling in “dark,” or non-signaled territory, until the rule is fully implemented or other safety measures are installed.

Finally, the proposed rule requires that some of the oldest PIH tank cars in use today be phased out on an accelerated schedule so they no longer carry PIH materials. Specifically, this addresses the concern that PIH tank cars manufactured prior to 1989 with non-normalized steel may not adequately resist the development of fractures that can lead to a catastrophic failure.

“When the opportunity to make major advances in safety is within our reach, we should not settle for incremental measures,” Federal Railroad Administrator Joseph H. Boardman said.

This proposal was developed by DOT’s Pipeline and Hazardous Materials Safety Administration in close consultation with the Federal Railroad Administration and addresses issues arising from serious train accidents involving hazmat releases that occurred in Minot, N.D.; Macdona, Texas; and Graniteville, S.C.

Delaware Announces Agreement on Climate Registry Protocol for Voluntary Reporting of Greenhouse Gas Emissions

As part of North America’s largest climate change initiative, Delaware announced today the agreement of a common greenhouse gas reporting standard, The Climate Registry’s General Reporting Protocol. The protocol defines the methodology for corporations, organizations, cities, and counties to calculate, verify, and publicly report greenhouse gas emissions and incorporates public comments from workshops held throughout North America.

“The Registry’s General Reporting Protocol provides comprehensive guidelines and common standards for voluntary reporting (that) are consistent across industry sectors and borders,” said David Small, Delaware Department of Natural Resources and Environmental Control deputy secretary, who serves on The Climate Registry board of directors. “The protocol will reduce the burdens to our industries and reporting entities and will give us the ability to better monitor greenhouse gas emissions.”

The Climate Registry, North America’s largest climate change organization, has a board of directors from 39 U.S. states, 7 Canadian Provinces, 6 Mexican states, 3 tribal nations, and the District of Columbia. The Registry serves as a nationally recognized platform for credible and consistent greenhouse gas emissions reporting and promotes the full disclosure of these emissions while respecting business confidentiality.

Delaware, an original participant in the northeast Regional Greenhouse Gas Initiative and the Eastern Climate Registry, was one of the first states to become a charter member of The Climate Registry, when Governor Ruth Ann Minner responded to the invitation to become a founding member in April 2007. Organizations that join The Climate Registry before May 1 will be considered “founding reporters” and will receive continued recognition for their outstanding environmental leadership in measuring and publicly reporting their greenhouse gas emissions on a voluntary basis. Seventy-three leading corporations, nonprofit organizations, cities, and counties are currently reporting their greenhouse gas emissions to The Climate Registry.

Greenhouse gases—the gases that cause climate change—are concentrated in the Earth’s atmosphere and trap heat by blocking some of the long-wave energy the earth normally radiates back to space. The resulting “greenhouse effect” alters the atmosphere’s energy balance and affects the weather and the climate. Greenhouse gas emissions have skyrocketed over the past 150 years due to increased industrialization and energy consumption.

Europe Restores Toxic Flame Retardant Ban Similar to Washington State’s

 The flame retardant will be banned in electronic equipment effective July 1. The ban was proposed by the Washington Department of Ecology after a three-year study of the chemical flame retardant.

“When we proposed the ban, we knew it would be a tough sell because no other jurisdiction had yet banned deca,” said Manning. “But the science was clear, and the Legislature made the right choice. The ruling in Europe confirms that.”

A key argument against the Washington ban was that because one state could not force manufacturers to use safer alternatives, many electronic products would no longer be available in Washington. “The EU ruling puts that fear to rest,” Manning said.

“As of July 1, if manufacturers want to sell electronic products in Europe, they have to be deca-free. That means a full range of safe computers, televisions, and other products will be available to Washingtonians too. Our ban ensures that we won’t be a dumping ground for products that aren’t safe enough to be sold in Europe.”

In April 2007, Washington Governor Chris Gregoire signed into law the state ban on electronic products and furniture that contain deca. The ban will go into effect as soon as environmental and health agencies confirm that safer alternatives are available. Firefighting officials must also confirm that fire safety standards will still be met. Alternatives are being studied now, with a report due to the Legislature in December 2008. A ban on mattresses containing deca-BDE went into effect in January of this year.

Flame retardants are used in everyday items such as computer casings, carpet pads, and foam cushions in chairs and couches to reduce their ability to catch fire. However, in recent years, the family of flame retardants known as polybrominated diphenyl ethers ( PBDEs) has raised health concerns. Scientists have found that:

• PBDEs leach out of consumer products into the environment.
• PBDEs are showing up in the air, soil, and sediment, and are building up in animals throughout the food chain.
• PBDEs travel great distances and have been detected in remote regions, turning up even in the bodies of polar bears in the Arctic. PBDEs are being found in food such as meat, dairy products, and fruits and vegetables—as well as indoor air and household dust. And because some PBDEs don’t break down easily, the levels of PBDEs in the environment are steadily rising.
• In lab tests with rodents, some PBDEs have been linked to problems in brain development and thyroid hormones. Most of these problems stem from prenatal exposure and exposure soon after birth. The health effects appear to be permanent. Scientists are concerned that children and the unborn may be subject to similar health problems because their bodies are smaller and still developing.
• PBDE levels in humans are about 10 to 100 times higher in the United States, the world’s largest producer and consumer of PBDEs, than in Europe. Scientists say North American levels appear to be rising at an exponential rate, doubling every two to five years.

Studies indicate concentrations of PBDEs in humans in the United States are rising. PBDEs have been found in human blood, fat, and breast milk. (Breast-feeding appears to overcome some of the effects of harmful chemicals and remains the healthiest way to feed babies.)

Energy Star Launches Low Carbon IT Campaign

EPA is asking organizations to join the Energy Star Low Carbon IT Campaign. By enabling the power management, or sleep mode, on their computers and monitors, organizations will help reduce our growing demand for electricity, and save money while fighting climate change. If all office computers and monitors in the United States were set to sleep mode when not being used, the country could save more than 44 billion kWh or $4 billion worth of electricity and avoid the greenhouse gas emissions equivalent to those of about 5 million cars each year.

To join the Energy Star Low Carbon IT Campaign, organizations simply take an online pledge to activate power-management features on their monitors and computers to save energy and reduce their carbon footprint. Organizations can increase energy savings further by purchasing Energy Star qualified computers and monitors. In turn, EPA provides free assistance to help implement power management, an estimate of the organization’s energy and carbon savings, and official recognition from EPA. 

Energy Star was introduced by the EPA in 1992 as a voluntary market-based partnership to reduce greenhouse gas emissions through increased energy efficiency. Energy Star offers businesses and consumers energy-efficient solutions to save energy and money, while helping protect the environment for future generations. More than 12,000 organizations are Energy Star partners committed to improving the energy efficiency of products, homes, buildings, and businesses. 

Colgate Fined for Hazardous Waste Violations

Colgate-Palmolive Co. (Colgate) has agreed to pay Ohio EPA a $14,200 penalty to settle hazardous waste violations at its manufacturing facility located in Cambridge, Ohio. The company is now in compliance with Ohio's hazardous waste laws.

As part of its operating procedure, Colgate collects and removes rain water that accumulates in the secondary containment area around bulk chemical tanks at its facility. Before truck drivers load the water that has been collected, they must first sample the liquid to ensure that it is not contaminated and caustic.

Between Aug. 18 and 20, 2007, a truck driver from Zemba Brothers sampled liquid from the top of the facility's collection area and found the liquid to be neutral. Unbeknownst to the driver and the company, a leak of sodium hydroxide (lye) had contaminated the mixture and the heavier contaminated water sank to the bottom. A chemical reaction began when the cleaner water and heavier water contaminated with sodium hydroxide were put into the aluminum tanker.

Because the landfill that was supposed to receive the water was closed for the day, the driver returned the truck to his truck terminal. Once there, the chemical reaction caused the tank to rupture and release its contents and necessitate cleanup. Colgate's violations included:

• Causing hazardous waste transportation to an unpermitted facility
• Failure to properly evaluate wastes to determine if the wastes contain hazardous material
• Failure to properly package, label, and placard a hazardous waste shipment and failure to label universal waste lamps.

Environmental Crimes Are High on the World Agenda

The illegal international trade in environmentally sensitive items such as ozone-depleting substances, toxic chemicals, hazardous waste, and endangered species is a serious problem with global impact. This scourge that affects all countries threatens human health, deteriorates the environment, and results in revenue loss for governments in some cases. In fact the illegal trade in wildlife can be as profitable as dealing in narcotics. Shawls made from the wool of Tibetan antelope, the sale of which is completely illegal, are sold for up to 20,000 Euros each, while caviar from endangered sturgeon approaches 8,000 Euros per kilo on the retail market. Added to this is the alarming rise in virulent wildlife diseases, such as SARS (Severe Acute Respiratory Syndrome) and avian influenza that cross species lines to infect humans and endanger public health.

Ozone-depleting substances (ODS), such as those used in refrigeration and air conditioning systems, not only destroy the earth's protective shield (the stratospheric ozone layer) but, if released into the atmosphere, also contribute to climate change because they are also powerful greenhouse gases. Illegal trade in ODS has become a global phenomenon. Toxic waste too causes long-term poisoning of soil and water, affecting people's health and living conditions, sometimes irreversibly. Unscrupulous waste trade has become a serious concern since the 1980s and has now become a criminal offence under the Basel Convention on the "Control of Transboundary Movements of Hazardous Wastes and their Disposal." The waste may pass through several countries before reaching its final destination, making it more difficult to pinpoint responsibilities.

UNEP estimated that some 20 to 50 million tons of e-waste is generated worldwide annually and is steadily growing each year. Seventy percent of this waste is dumped in developing countries in Asia and Africa. Violations of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) also continue to worry environmentalists as more and more fauna and flora face pressures that could lead to their extinction—a real loss to mankind's animal and floral kingdoms.

Customs administrations have in the last few years reported more than 9,800 CITES and 220 hazardous waste seizures, but this is only the tip of the iceberg. In addition, increasing evidence has shown that organized crime groups are involved in this dirty business. The international community is now mobilized more than ever to fight against this unscrupulous trade.

During a high-level meeting at WCO headquarters recently on enforcement issues, delegates representing the United Nations Environment Programme (UNEP), customs administrations, other international organizations, and stakeholders who have an interest in the environment called for an urgent and concerted global response to tackle ever-increasing environment crime. Participants agreed on an Action Plan to fight against environmental crime.

The Plan foresees the promotion of environmental crime as one of the priorities for customs administrations, the training of customs officers to improve their detection techniques given their frontline position at borders, the creation of specialized units at customs offices to deal with this crime, and enhancing international cooperation and information exchange. In this regard, the WCO will use its global communication tool, the Customs Enforcement Network (CEN), for real-time information exchange. The CEN will enable customs officers worldwide to be alerted quickly and facilitate their immediate response to any illegal trafficking of environmentally sensitive goods.

. Both organizations are committed to strengthening and enhancing their partnership, which is aimed at protecting the environment through more effective enforcement of environmental crime.

New Requirements to Protect Children From Lead-Based Paint Hazards

To further protect children from exposure to lead-based paint, EPA is issuing new rules for contractors who renovate or repair housing, child-care facilities, or schools built before 1978. Under the new rules, workers must follow lead-safe work practice standards to reduce potential exposure to dangerous levels of lead during renovation and repair activities.

“While there has been a dramatic decrease over the last two decades in the number of children affected by lead-poisoning, EPA is continuing its efforts to take on this preventable disease,” said James Gulliford, EPA’s Assistant Administrator for Prevention, Pesticides, and Toxic Substances. “The new rules will require contractors to be trained and to follow simple but effective lead-safe work practices to protect children from dangerous levels of lead.”

The Lead: Renovation, Repair, and Painting Program Rule, which will take effect in April 2010, prohibits work practices creating lead hazards. Requirements under the rule include implementing lead-safe work practices and ensuring the certification and training for paid contractors and maintenance professionals working in pre-1978 housing, child-care facilities, and schools. To foster adoption of the new measures, EPA will also conduct an extensive education and outreach campaign to promote awareness of these new requirements.

The rule covers all rental housing and non-rental homes where children under the age of six and pregnant mothers reside. The new requirements apply to the renovation, repair, or painting activities where more than 6 square feet of lead-based paint is disturbed in a room or where 20 square feet of lead-based paint is disturbed on the exterior. The affected contractors include builders, painters, plumbers, and electricians. Trained contractors must post warning signs, restrict occupants from work areas, contain work areas to prevent dust and debris from spreading, conduct a thorough cleanup, and verify that cleanup was effective.

Lead is a toxic metal that was used for many years in paint and was banned for residential use in 1978. Exposure to lead can result in health concerns for both children and adults. Children under six years of age are most at risk because their developing nervous systems are especially vulnerable to lead’s effects and because they are more likely to ingest lead due to their more frequent hand-to-mouth behavior. Almost 38 million homes in the United States contain some lead-based paint, and today’s new requirements are key components of a comprehensive effort to eliminate childhood lead poisoning.

For copies of the educational brochures on this new program, call 1-800-424-LEAD [5323].

EPA Celebrates Earth Day

How can you reduce your carbon footprint, make your home or business water efficient, or make sure our nation’s beaches stay clean this summer? April 22 is Earth Day, and, this year, EPA is launching several online initiatives throughout the month of April to help raise environmental awareness.

• Green Tips—Sign up for daily environmental tips via e-mail ). Also, download the Green Tip “widget” to use on your social networking site or blog.
• Audio Podcasts—Twice per week during the month of April, listen to EPA’s experts discuss ways you can reduce your environmental footprint. The podcasts will be available for download on EPA’s home page and also available for free subscription on iTunes.
• “Green Scene”—EPA Administrator Stephen L. Johnson will host the latest edition of the agency’s new online video series. The administrator discusses Earth Day 2008, the importance of environmental stewardship, and the agency’s accomplishments.
• Historical Video—The history of EPA and why it was created, as told by all nine former administrators, will be available in two separate videos on EPA’s Multimedia website.
• Special Events—Multimedia coverage of the annual Presidential Environmental Youth Awards (PEYA) and People, Prosperity, and the Planet (P3) Competition will be available for public viewing following the events on EPA’s Multimedia website.
• Photo Contest—Help choose the winner. EPA has chosen 30 finalists from nearly 750 photos. 
• Ask EPA—Molly O’Neill, EPA’s Chief Information Officer and Assistant Administrator for Environmental Information, will host an online discussion on April 24 at 2 p.m, Eastern time. O’Neill will highlight the agency’s National Dialogue on Access to Environmental Information and take ideas for improving access, including suggestions to improve EPA’s homepage. 

Healthy Schools Brochure

Kicking off the month that people celebrate Earth Day, school administrators, teachers, and parents may be interested to obtain a newly released federal brochure that provides guidelines for environmental health and safety in schools.

The booklet, “Healthy Schools, Lessons for a Clean Educational Environment,” was developed by EPA’s New England regional office. It provides an easy-to-read guide for administrators, educators, and parents looking at ways to make sure local school buildings provide a healthy learning environment.

“Across the country, more than 53 million children and 6 million adults spend their days in our elementary and secondary schools,” said Robert Varney, regional administrator of EPA’s New England office. “Reducing environmental risks inside these buildings is critical for public health and for our children to get the education they need.”

The brochures include sections on indoor air-quality issues, such as mold, asthma, and radon; toxics; drinking water; outdoor air-quality issues such as UV rays and diesel buses; oil storage and how to make schools green. T

New England Water Works Association Joins EPA’s WaterSense Program

At its Spring meeting, the New England Water Works Association (NEWWA) joined forces with EPA to work with its thousands of members to help educate consumers on how to conserve water for future generations and reduce costs on their water bills.

The program helps customers identify water-efficient products in the marketplace that promote water-saving techniques, thus reducing stress on water systems and the environment.

WaterSense-labeled products, which include high-efficiency toilets, meet EPA’s criteria for efficiency and performance. Certified products can bear the WaterSense label, which makes it easy for consumers to make product choices that use less water and save money—with no sacrifice on quality or performance. WaterSense is also labeling certification programs for irrigation professionals, helping to encourage water efficiency in the landscaping business.

“Looking for the WaterSense label is an easy way for New Englanders to save water and money,” said Robert Varney, regional administrator of EPA’s New England office. “There are many water-efficient products currently available—all consumers need to do is look for the WaterSense label. Using water more efficiently can help delay the need to create more supplies, saving communities money and resources, as well as ensuring that water will be available for future generations.”

“NEWWA is proud to be a member of WaterSense and join in the effort to increase public awareness of how important it is to protect and conserve our critical water supplies,” said Ray Raposa, NEWWA executive director. “New England’s water suppliers are leaders in protecting water resources for the future and are committed to helping consumers save water and money by promoting these water-efficient products—it makes sense.”

The NEWWA joins 16 other WaterSense partners in Massachusetts, some who have joined within the past several months including: the Ipswich River Watershed Association, the Neponset River Watershed Association, Massachusetts Water Resources Authority, Massachusetts Department of Environmental Protection, the Town of Falmouth Water Department, and retailers E.F. Winslow and Salem Plumbing Supply & Designer Bath. There are also 28 individual irrigation partners based in Massachusetts.

WaterSense is a partnership program sponsored by EPA to help protect valuable resources for future generations by making water-efficiency a clear and preferred choice among consumers and businesses.

In addition to being a WaterSense partner, NEWWA is one of multiple partner organizations that will sign a Statement of Intent with EPA promoting effective utility management. The Statement of Intent will endorse Ten Attributes of Effectively Managed Water Sector Utilities, which were developed by a stakeholder group of collaborating organizations and utility managers and, like WaterSense, is a key element of the EPA’s Sustainable Infrastructure Initiative.

Web-Based Environmental Compliance Tool Available for Colleges

 The center was developed by the National Association of Colleges and University Business Officials with support and funding from EPA.

The website makes it easier for school officials to learn more about applicable environmental regulations and ensure a safe and sustainable environment for their students, faculty, and staff. The online center provides information on topics including waste management, air and water resources, drinking water, and public safety. Viewers can find out what types of campus activities are regulated by EPA, see how best to comply with environmental regulations, query federal enforcement and compliance data, learn how to apply for federal grants, and e-mail comments to EPA on regulations under development.

Army Corps of Engineers and EPA Improve Wetland and Stream Mitigation

The U.S. Army Corps of Engineers (USACE) and the EPA have released a new rule in the USACE’s Regulatory Program to clarify how to provide compensatory mitigation for unavoidable impacts to the nation’s wetlands and streams. The rule will enable the agencies to promote greater consistency, predictability, and ecological success of mitigation projects under the Clean Water Act.

Benefits of the compensatory mitigation rule include:

• Fostering greater predictability, increased transparency, and improved performance of compensatory mitigation projects
• Establishing equivalent standards for all forms of mitigation
• Responding to recommendations of the National Research Council to improve the success of wetland restoration and replacement projects
• Setting clear science-based and results-oriented standards nationwide while allowing for regional variations
• Increasing and expanding public participation
• Encouraging watershed-based decisions
• Emphasizing the “mitigation sequence” requiring that proposed projects avoid and minimize potential impacts to wetlands and streams before proceeding to compensatory mitigation

Property owners required to complete mitigation are encouraged to use a watershed approach and watershed planning information. The new rule establishes performance standards, sets timeframes for decision-making, and, to the extent possible, establishes equivalent requirements and standards for the three sources of compensatory mitigation: permittee-responsible mitigation, mitigation banks, and in-lieu-fee programs. The new rule changes where and how mitigation is to be completed, but maintains existing requirements on when mitigation is required. The rule also preserves the requirement for applicants to avoid or minimize impacts to aquatic resources before proposing compensatory mitigation projects to offset permitted impacts.

Wetlands and streams provide important environmental functions, including protecting and improving water quality and providing habitat to fish and wildlife. Successful compensatory mitigation projects will replace environmental functions that are lost as a result of permitted activities. 

EPA Administrator Johnson and Australian Officials Discuss Priorities

EPA Administrator Stephen L. Johnson recently met with officials in Australia regarding shared environmental challenges and opportunities for collaborating with this important global partner. Johnson learned about Australia’s innovative approaches to carbon sequestration, water conservation, reuse and management, methane capture, pesticide risk reduction, and resource sustainability.

Johnson met with top Australian environmental officials to exchange information on respective environmental programs, especially water collaboration and climate change issues. Additionally, Johnson met with government officials, private-sector representatives, industry executives, as well as university faculty and students to exchange information on environmental issues.

Johnson visited several cutting-edge facilities, including a water treatment plant that uses new technology for water recycling and produces clean energy from waste methane gas. He also visited and learned about Australia’s first carbon dioxide sequestration project and a project that captures and recovers methane emitted from coal mine ventilation shafts.

Direct Final Rule for Perchloroethylene Emissions From Dry Cleaners

EPA is taking direct final action on amendments to the national perchloroethylene air emission standards for dry-cleaning facilities promulgated on July 27, 2006, under the authority of Section 112 of the Clean Air Act. This direct final rule amends rule language to correct applicability cross references that were not correctly amended between the most recent proposed and final rule revisions and to clarify that condenser-performance monitoring may be done by either of two prescribed methods (pressure or temperature), regardless of whether an installed pressure gauge is present. Without these amendments, new area sources could erroneously be required to perform monitoring that was proposed for only major sources, and installed condenser performance gauge readings could be required of sources when a prescribed temperature method is just as valid for compliance purposes.

This final rule is effective July 15, 2008, without further notice, unless EPA receives adverse comments by May 16, 2008. If EPA receives adverse comment, a timely withdrawal will be published in the Federal Register informing the public that some or all of the amendments in the direct final rule will not take effect. 

EPA Authorizes Revisions to Alabama’s State Hazardous Waste Management Program

Alabama has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). 

The final authorization will become effective on June 2, 2008, unless EPA receives adverse written comments on or before May 2, 2008. If EPA receives such comments, it will publish a timely withdrawal of this immediate final rule in the Federal Register and inform the public that this authorization will not take effect.

New England Earth Day Events

EPA’s New England regional office is asking cities, towns, organizations, and individuals across their six states to send information on Earth Day events that can be posted on EPA’s website as well as on the regional EPA website. 

When submitting event information, be sure to include all relevant details, including date(s), time(s), location, sponsor, brief description of the event, and a contact person with phone number and/or e-mail address. Please submit your event and help your neighbors get involved! 

New York, New Jersey Harbor Consortium Issues Final Report

After seven years of groundbreaking research and consensus building, the New York/New Jersey (NY/NJ) Harbor Consortium of the New York Academy of Sciences, a coalition of more than 70 stakeholder organizations, unveiled its final report describing an innovative and collaborative process that brought stakeholders together to recommend and implement actions leading to a more sustainable NY/NJ Harbor Watershed. The harbor project examined the causes of ongoing pollution to the harbor and developed management strategies for five important contaminants: mercury (Hg), cadmium (Cd), polychlorinated biphenyls (PCBs), dioxins, and polycyclic aromatic hydrocarbons (PAHs).

Their reports and recommendations have become a major reference and educational source of information for a diverse global audience.

Notice of Proposed CERCLA Settlement Concerning the R&H Oil/Tropicana Superfund Site in Texas

In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), EPA has proposed an administrative settlement concerning the R&H Oil/Tropicana Superfund Site in San Antonio, Texas.

The settlement requires the 119 settling parties to pay a total of $2.2 million to cover response costs for the Hazardous Substances Superfund. The settlement includes a covenant not to sue or take administrative action on matters related to the site.

EPA will receive written comments relating to this notice and the settlement through May 2. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate the settlement is inappropriate, improper, or inadequate.

$12 Million Dollar Consent Decree Filed for Florida Superfund Site

The proposed Consent Decree resolves the claims against
Atlanta Gas Light Company, City of Sanford, Florida Power & Light Company, Florida Power Corporation, and Florida Public Utilities Company for cost recovery and injunctive relief relating to the release or threatened release of hazardous substances into the environment at or from the site.

The Consent Decree requires the settling defendants to undertake the remedial action selected by the EPA for the site and to reimburse the United States for all of the government’s past cost and future oversight cost incurred or to be incurred, plus interest, in connection with the remedial action at the site. The estimated value of the cash payments and work performed by the settling defendants that the United States will receive under the terms of the Consent Decree is $12,703,224.58.

$1.5 Million Dollar Settlement Proposed Under CERCLA for New Jersey Facility

A notice was filed in the Federal Register concerning the proposed Settlement Agreement between the United States and the purchasers of the Debtor’s Manufacturing Facility in Elmwood Park, N.J. The purchasers are Marcal Paper Mills, LLC, and Marcal Manufacturing, LLC.

The proposed Settlement Agreement will resolve certain matters related to the potential liability of the purchasers under CERCLA. Pursuant to the proposed Settlement Agreement, the purchasers will undertake steps to remediate environmental contamination at the facility and will pay $1.5 million to the United States. 

Half-Million Dollar CERCLA Notice of Lodging Filed Against General Metals in Washington

Comments on this notice will be received for 30 days.

In this action, the United States, the State of Washington, the Puyallup Tribe of Indians, and the Muckleshoot Indian Tribe sought natural resource damages for releases of hazardous substances into Commencement Bay, Wash. Under the consent decree, the defendant will fund a habitat restoration project in Pierce County, Wash., pay up to $50,000 for project oversight costs, and reimburse $479,559.38 in damage assessment costs.

Bulk Gasoline Storage Facility Fined for Clean Air Violations

A gasoline bulk terminal will retire two vapor storage tanks and pay a $75,000 fine under the terms of a settlement with EPA for Clean Air Act (CAA) violations. The terminal, located in Bridgeport, Conn., is owned by Motiva Enterprises LLC, a subsidiary of Shell Oil Company. Motiva’s terminal loads gasoline into tanker trucks—a process that generates large quantities of gasoline vapors containing volatile organic compounds (VOCs). The gasoline vapors are controlled by two large vapor storage tanks and a carbon-bed vapor recovery unit. EPA alleged that the vapor storage tanks (bladder tanks) were improperly maintained and leaked VOC-containing vapors, in violation of the federal CAA.

In addition to the fine, the EPA settlement requires Motiva to permanently retire the two bladder tanks. Motiva will install a new, larger capacity vapor recovery unit that will eliminate the need for the bladder tanks at the terminal. The new vapor recovery unit will be installed by the end of 2008, at an estimated cost of more than $1 million.

A June 2006 inspection of the facility conducted jointly by EPA and the Connecticut Department of Environmental Protection discovered the violations. The Motiva terminal is located among several low-income and minority neighborhoods.

“It’s important that facilities that handle large volumes of fuels take appropriate steps to prevent emissions of pollutants to the air,” said Robert Varney, regional administrator of EPA’s New England office. “Installing a larger capacity system to control gasoline vapors will help protect public health in the nearby, densely populated neighborhoods of Bridgeport.”

Like other bulk terminals, Motiva’s Bridgeport facility stores gasoline in large aboveground tanks, then pumps the gasoline through a series of loading racks into tanker trucks for delivery to local filling stations. EPA regulations require that terminals collect and control their VOC-containing gasoline vapors generated by these loading operations.

VOC pollution is of special concern in Connecticut, because VOCs are a main contributor to ground-level ozone and smog. Ground-level ozone irritates people’s respiratory systems, causing coughing and throat irritation; it can also aggravate asthma, damage lung cells, and cause permanent lung damage. Further, Connecticut is in nonattainment for EPA’s national eight-hour ozone standard, meaning that annual average exposure to ozone pollution exceeds EPA’s health standards.

Greka Violates Enforcement Order: U.S. EPA Steps In and Takes Over Cleanup

It was announced April 1 that the EPA is immediately assuming control of all cleanup efforts at Greka’s Bell Lease site located in Santa Maria, Calif. EPA is taking swift action to complete cleanup efforts at the facility, mobilizing cleanup contractors who began work at the site on April 1.

EPA is taking this action because Greka Oil and Gas, Inc., has violated the EPA’s “Order for Removal, Mitigation, and Prevention of a Substantial Threat of Oil Discharge,” addressing a Jan. 29, 2008, oil spill at the Bell Lease site.

“The EPA is stepping in to prevent further harm to the environment,” said Daniel Meer, chief of the Response, Planning, and Assessment Branch for the Superfund Division in the EPA’s Pacific Southwest region. “We have given Greka Oil and Gas every opportunity to properly conduct this cleanup under federal oversight, but they have failed. So, the EPA will take over at the Palmer Road lease; the federal government will then seek reimbursement of those costs from Greka.”

At the direction of EPA and with EPA oversight, Greka has been engaged in cleanup efforts at Greka’s recent spill sites. At the Bell Lease site, Greka has failed to remove petroleum and petroleum-contaminated media such as soil and other debris from the environment. In addition, oil contamination remains in the creek that runs parallel to Palmer Road. The threat of a discharge of oil to U.S. waters is not acceptable and is being addressed immediately.

Greka has also failed to provide EPA with the documents required pursuant to the order. Greka was required to submit a work plan to the EPA addressing the causes of the spill and presenting plans to halt oil discharge and prevent recurrences of discharges no later than Feb. 28, 2008, and a sampling plan no later than Feb. 14, 2008. Neither plan has been submitted to EPA. Additionally, Greka has informed the EPA that it will not be submitting a work plan on April 1, 2008, for removal of oil and solids from the facility wastewater ponds, as required by the Order.

The statute allows for fines of up to $32,500 per day, for each violation. Greka may face fines and penalties pursuant to the Order for the violations. EPA continues to work with members of the California Department of Fish and Game, the Santa Barbara County Fire Department, the U.S. Coast Guard’s Pacific Strike Team, and Greka Oil and Gas, the responsible party, to contain and cleanup Greka’s multiple recent oil releases and to prevent further harm to the environment.

Additional information regarding these actions can be found at:

TCEQ Approves More Than $520,000 in Fines

TCEQ has issued fines for the following enforcement categories: 1 agricultural, 21 air quality, 3 dry cleaner, 1 Edwards Aquifer, 3 field citations, 2 industrial waste discharge, 1 licensed irrigators, 4 multi-media, 2 municipal solid waste, 10 municipal waste discharge, 4 petroleum storage tank, and 7 public water system, 3 water quality. In addition, there were default orders as follows: one air, one licensed irrigators, two petroleum storage tank, and one public water system.  

Connecticut Submarine Base Fined for Hazardous Waste Violations

The U.S. Naval Submarine Base in Groton, Conn., will pay a cash penalty and perform an additional environment project to settle EPA allegations for improper storage and management of hazardous wastes.

Under the settlement, the base will pay $37,059 in penalties and undertake a $114,000 project to install solar-powered air conditioning in a storage bay where ignitable hazardous wastes are stored, within the base’s permitted hazardous waste treatment and storage facility. The air conditioning required in the settlement will help keep the storage bay from becoming overheated. An overheated storage bay could pose a hazard associated with ignitable hazardous wastes.

An EPA inspection of the submarine base’s hazardous waste storage facilities in August 2006 identified significant violations of federal requirements, including the failure of the base to maintain adequate building ventilation in the main building used for the storage and treatment of hazardous wastes.

“Any and all facilities storing or handling hazardous wastes must follow established procedures that are designed to protect public health and our environment,” said Robert Varney, regional administrator of EPA’s New England office.

With summertime temperatures documented during the inspection peaking at about 95 F, the main storage building lacked adequate ventilation to ensure that flammable materials were stored at a safe temperature and that employees could work under safe conditions. Other locations throughout the base also exhibited unsafe or improper storage of hazardous wastes.

Rental Property Owners Fined for Violating Lead Paint Notification Rule

EPA has announced that the owners of two residential rental properties in Norfolk and Portsmouth, Va., have settled alleged violations of a federal law requiring disclosure of lead-based paint hazards to residential tenants.

In the consent agreement filed on March 25, 2008, Broadway Associates has agreed to pay a penalty of $31,418. Broadway also agreed to spend at least $67,900 on a project involving lead-based paint abatement and the replacement of lead-containing windows and doors in the two pre-1978 residential properties they lease and own. Broadway will remove a total of 48 windows (including frames, sashes, heads, jams, sills or stools, and troughs) and 11 doors upon which the presence of lead-based paint has been confirmed and replace them with new, energy-efficient windows, doors, and associated components that are free of lead-based paint.

Broadway was cited under the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Real Estate Notification and Disclosure Rule. These federal laws require