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Daily Environmental Briefing Report
Friday, January 16, 2009
© 2009. Permission is
granted for Internal, Same-Office Distribution Only. |
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In This Issue
--
NATIONAL/INTERNATIONAL NEWS --
Waxman Promises House Climate Change Bill By
Memorial Day
Groups Sue To Stop CAFO
Emissions Exemption Rule
Sierra Club Sues To Block EPA CO2 Emission
Interpretation
New Report On Filling
Mines With Coal Ash
Enviros Sue To
Upgrade CAA Oil & Gas Drilling Standards
Rahall Resolution To Overturn ESA Rule By
Congressional Review
CBD Sues Six Agencies On Global Warming &
Endangered Species
Agencies Report On Sea-Level Rise In
Mid-Atlantic Region
Proposed Rule On Significant Harm Level for
Particle Pollution
USA
v. Hagerman
-- MICHIGAN NEWS --
Mary Gade Shows
Up At Dow Community Meeting
Feds Issue ROD For Detroit River International
Crossing
Volunteer Stream Monitoring Grants Available
Michigan
Legislative Tracking (1/15)
National /
International News
Waxman Promises House Climate Change
Bill By Memorial Day - Jan 15: The
House Energy & Commerce Committee, Chaired by
Chaired by
Representative Henry Waxman (D-CA)
held a held a major hearing focusing
specifically on The U.S. Climate Action
Partnership. The hearing presented the
perspectives of members of the U.S. Climate
Action Partnership (USCAP) [See
WIMS 11/19/08], a coalition of over
30 businesses and nongovernmental
organizations that has called for Congress to
pass legislation to address the climate change
threat.
The diverse set of witnesses testifying at
the hearing included: James Mulva, Chairman
and Chief Executive Officer, ConocoPhillips;
Jim Rogers, Chairman, President and Chief
Executive Officer, Duke Energy; Fred Krupp,
President, Environmental Defense Fund; John
Rowe, President & Chief Executive Officer,
Exelon Corporation; Jeffrey Immelt, Chairman
and Chief Executive Officer, General Electric;
Frances Beinecke, President, Natural Resources
Defense Council; David Crane, President and
Chief Executive Officer, NRG Energy; Eileen
Claussen, President, Pew Center on Global
Climate Change; Peter Darbee, Chairman, Chief
Executive Officer and President, PG&E
Corporation; Jeffry Sterba, Chairman, Chief
Executive Officer and President, PNM
Resources; Preston Chiaro, Chief Executive -
Energy and Minerals, Rio Tinto; George Nolen,
President and Chief Executive Officer, Siemens
Corporation; Mark Tercek, President and Chief
Executive Officer, The Nature Conservancy; and
Jonathan Lash, President, World Resources
Institute.
Chairman Waxman opened the meeting with a
statement, saying in part, "Our
environment and our economy depend on
congressional action to confront the threat of
climate change and secure our energy
independence. U.S. industries want to invest
in a clean energy future. But uncertainty
about whether, when, and how greenhouse gas
emissions will be reduced is deterring these
vital investments. Companies are caught in a
dilemma: they are reluctant to invest in old
polluting technologies because they know that
tougher regulations are inevitable, but they
can't invest in new, cleaner technologies
until they know what Congress is going to
require.
"Our job is to end this regulatory limbo
and set our nation on a responsible path for
reducing climate change and achieving energy
independence. Our Committee will be acting
quickly and decisively to reduce global
warming and end our dependence on foreign oil.
My goal is to pass comprehensive climate and
energy legislation in the Committee before the
Memorial Day recess. . . That is an ambitious
schedule, but it is an achievable one. We
cannot afford another year of delay. As
today's hearing will show, a consensus is
developing that our nation needs climate
legislation. . .
Climate change, energy independence, and
health care are going to be the Committee's
highest priorities."
House Speaker Nancy Pelosi (D-CA)
commented on the Waxman hearing saying, "Chairman
Waxman has set an aggressive timetable for
action to reduce global warming and our
dependence on foreign oil. I share his sense
of urgency and his belief that we cannot
afford another year of delay. The House is
fortunate to have the leadership of Chairman
Waxman and Energy and Environment Subcommittee
Chairman Ed Markey on climate and energy
issues; their knowledge of these issues and
commitment to finding the right solutions is
unmatched. They will build on the work of
Chairman Emeritus John Dingell and former
Subcommittee Chair Rick Boucher on energy
independence. I look forward to working with
my colleagues in the House, our colleagues in
the Senate, and President Obama to halt the
grave threat of climate change."
At the hearing, USCAP) unveiled a
comprehensive and detailed set of integrated
policy recommendations for developing
legislation that would create an
environmentally effective and economically
sustainable national climate protection
program. They said the "landmark document" --
titled A Blueprint for Legislative Action
– echoes the sense of urgency that
President-elect Obama has articulated
regarding the need for a cap on greenhouse gas
emissions. Developed through two years of
intensive analysis and consensus-building
among 26 corporations and five environmental
organizations, the Blueprint offers
policymakers "a clear path forward endorsed by
a coalition representing a broad swath of the
economy and diverse environmental interests."
Jeff Immelt, Chairman and CEO of GE said,
"In the past, the U.S. has proven that we have
the will, the capabilities and the courage to
invest in innovation -- even in difficult
times. Today, cap-and-trade legislation is a
crucial component in fueling the bold clean
energy investments necessary to catapult the
US again to preeminence in global energy and
environmental policy, strengthen the country's
international competitiveness, and create
millions of rewarding new American jobs."
USCAP said it believes that strong climate
legislation is a critical element of any
effort to stimulate investment and innovation
in low-carbon technologies. The Blueprint
provides specific guidelines for the
Administration and Congress to enact
legislation that both protects the environment
and facilitates the necessary transition to a
vibrant, low-carbon economy. That includes
reducing greenhouse gas emissions by 80
percent of 2005 levels by 2050 through an
economy-wide cap-and-trade program. They said,
" every year of
delay in controlling emissions increases the
risk of unavoidable consequences that could
necessitate even steeper greenhouse gas
reductions in the future, at substantially
greater economic cost and social disruption."
USCAP indicated that their Blueprint
details steps for creating a mandatory,
economy-wide cap-and-trade program, coupled
with cost containment measures and
complementary policies addressing a federal
technology research development and deployment
program, coal technology, transportation, and
building and energy efficiency. They said the
Blueprint expands
significantly
on their 2007 groundbreaking Call
for Action, and includes an aggressive
emission reduction schedule, further details
on the scope of coverage for the cap-and-trade
program, and recommendations for how to
include as much of the U.S. economy
under the cap
as administratively and politically feasible.
While President-elect Obama and
many key Congressional leaders, as well as
business and environmental interests are
supporting the cap-and-trade approach to
dealing with the climate change issue, another
organization -- U.S. Climate Task Force (CTF) -- and
some influential leaders are advocating a
"carbon tax" approach. Dr. Robert Shapiro, a
CTF co-founder and former economic advisor to
President Bill Clinton, along with Dr. Elaine
C. Kamarck, co-founder and former domestic
policy advisor to Al Gore, issued their own
statement, and held a press conference calling
the USCAP Blueprint well intended, but
"misguided."
CTF said, “The U.S. Climate Action
Partnership’s endorsement of an aggressive
cap-and-trade scheme represents a significant
misstep on America’s path to mitigate carbon
emissions. We share their commitment to
address the risks of climate change. However,
the policy they have chosen is one that has
failed to lower emissions in Europe and one
strongly opposed by China and other developing
nations that have become major CO2 producers.
Fortunately, other options exist [See
WIMS 12/22/08].
“A large and growing
number of economists and others concerned
about climate change support a carbon tax.
Compared to other similar policies, a carbon
tax has the advantage of being simple,
transparent and easy to administer. Moreover,
the revenues can be recycled in tax relief for
American families. However, as today’s Energy
and Commerce hearing shows, a number of
influential legislators are still narrowly
focused on implementing a cap-and-trade system
-- a policy that would make energy prices even
more volatile than today and discourage the
investments we need to address climate change.
“We
have a moral imperative to get climate policy
right. And to do that, Congress must carefully
weigh the risks and benefits of all
potentially viable carbon policies. By
soliciting the input of leaders in America’s
academic, environmental, and business
communities, Capitol Hill can finally engage
in a long-overdue, serious debate over the
most environmentally effective and
economically-sound ways to reduce our
greenhouse gas emissions."
Among those supporting a carbon
tax, that WIMS has reported on in the past
include: New York Mayor Michael Bloomberg;
Peter Orszag,
former director of the Congressional
Budget Office (CBO) and incoming Director of
the Office of Management and Budget in the
Obama Administration; James Hansen, PhD,
Director of NASA's Goddard Institute of Space
Studies; and Friends of the Earth (FOE)
President Brent Blackwelder [See links below
for further information].
Access the hearing website for
links to all testimony and Chairman Waxman's
opening statement ( click
here). Access Speaker Pelosi's brief
statement ( click
here). Access a press release from
USCAP ( click
here). Access a Blueprint summary
from USCAP ( click
here). Access the complete Blueprint
from USCAP ( click
here). Access the USCAP website for a
list of members and more information ( click
here).
Access a CTF release (click
here). Access a release from CTF with
links to a report on the Carbon Tax and more
related information (click
here). Access various WIMS-eNewsUSA
blog posts on the carbon tax issue (click
here). [*Climate]
Groups Sue To Stop CAFO Emissions
Exemption Rule - Jan 15: A coalition
of groups have challenged U.S. EPA in a
lawsuit filed regarding the a "last-minute"
Bush administration rule that exempts
Concentrated Animal Feeding Operations (CAFOs)
from Federal laws requiring them to alert
government officials when they release unsafe
levels of toxic emissions into the surrounding
community. The environmental law firm
Earthjustice filed the suit on behalf of the
groups including: the Waterkeeper Alliance,
Sierra Club, Environmental Integrity Project,
The Humane Society of the United States,
Citizens for Pennsylvania's Future and Center
for Food Safety.
CAFOs, are large-scale livestock
facilities that contain upwards of 1,000
cattle, 2,500 hogs or 125,000 chickens. The
groups said the facilities "generate a massive
amount of urine and feces, which is commonly
liquefied and either stored under the facility
or nearby in open air lagoons. This waste is
known to release high levels of toxic
pollutants into the air such as ammonia and
hydrogen sulfide." Earthjustice attorney Keri
Powell said, "Factory farms commonly release
unsafe levels of toxic air pollution that can
be dangerous for workers and nearby residents.
The Bush administration's parting gift to
factory farms is to help them guard that dirty
secret."
On December 12, 2008, U.S. EPA announced a
final rule under
CERCLA, Emergency Planning and
Community Right-to-Know Act, providing an
administrative reporting exemption for air
releases of hazardous substances from animal
waste at farms. EPA said the rule would enable
response authorities to "better focus their
attention on hazardous substance releases that
require a response, while reducing reporting
burdens on America’s farms." [See WIMS
1/15/08]. The rule is scheduled to become
effective on January 20, 2009.
Access a release from Earthjustice with
links to addition information (click
here). Access the final rule (click
here). Access various WIMS-EcoBizPort
links on CAFO issues (click
here). [*Air, *Agriculture]
Sierra Club Sues To Block EPA CO2
Emission Interpretation - Jan 15:
The Sierra Club filed a lawsuit in the U.S.
Court of Appeals for the D.C. Circuit to
overturn what they called "the Bush
administration's final, unlawful effort to
block meaningful action on global
warming." On December 18, 2008, in the wake
of U.S. EPA's Environmental Appeals Board
(EAB) ruling in the Deseret Power Electric
Cooperative case (Bonanza, Utah), that EPA
had no valid reason for refusing to limit
carbon dioxide (CO2) emissions from new
coal-fired power plants [ See
WIMS 11/14/08], EPA Administrator
Stephen Johnson issued a 19-page Memo to
Regional Administrators providing a legal
rationale for not regulating CO2 under the
Clean Air Act (CAA) [See WIMS 12/19/08]. EPA
later published the interpretation in the
Federal Register on December 31, 2008 [73 FR
80300-80301].
Sierra Club said its emergency legal
action was a response to the Johnson memo
which they said was "designed to codify an
incorrect and unlawful interpretation of
environmental laws -- including the Clean
Air Act -- in an attempt [to] pave the way
for the improper approval of dozens of
coal-fired power plants in states across the
country." They said the action was
"necessary to protect the integrity of the
permitting process and the Clean Air Act
itself and to prevent permits from being
issued that could result in tens of millions
of tons of additional global warming
pollution each year."
David Bookbinder, Sierra Club's Chief
Climate Counsel said, "EPA Administrator
Steve Johnson has acted in brazen defiance
our nation's highest court, Congress, his
own staff and the law for years. In a new
twist, he is now openly and unlawfully
ignoring EPA's own judges in order to
protect polluters in the waning days of a
dangerously irrelevant administration. We
have already lost eight precious years in
the fight against global warming and now
Johnson and the Bush administration are
trying to stand in the way of the next
administration. We can't let that happen."
On December
22, 2008, in a sternly worded letter to the
U.S. Attorney General, Senator Barbara Boxer
(D-CA), Chairman of the Senate Committee on
Environment and Public Works [See
WIMS 12/23/08], said Administrator
Johnson "has run amok and will waste
taxpayer dollars in his most recent action
to avoid controlling global warming
pollution in Clean Air Act permits." Boxer
said Johnson's document was a "blatantly
illegal memo" and it was
clear that he
has become a "renegade Administrator." Boxer
requested the Attorney General to "ensure
that this illegal policy is suspended and
that more taxpayer dollars are not wasted."
Access a
release from Sierra Club and link to
additional information (click
here). Access the EPA
interpretation published in the Federal
Register (click
here). [*Climate, *Air]
New Report On Filling Mines With Coal
Ash - Jan 15: The nonprofit
environmental law firm Earthjustice released a
new report which it commissioned in the wake
of the recent coal ash disasters at two
Tennessee Valley Authority power plants [See
WIMS 1/9/09]. The report, Waste Deep: Filling
Mines with Coal Ash is Profit for Industry but
Poison for People, documents what Earthjustice
says is the unseen threat posed by toxic coal
ash dumped in active and abandoned coal mines.
The report casts a spotlight on minefilling,
the practice of dumping coal ash into active
and abandoned coal mines. Earthjustice
indicates, "This unregulated disposal method
has poisoned streams and drinking water
supplies across the country with arsenic,
lead, chromium, selenium, and other toxins."
Earthjustice attorney Lisa Evans who has
tracked the issue of coal ash for nearly a
decade and co-authored the report said, "Minefilling
coal ash is a slow-motion and invisible
counterpart to the TVA catastrophe. There, the
destruction was unleashed in a matter of
minutes. For communities with water poisoned
by the country's hundreds of coal ash mine
dumps, the damage has been gradual and largely
unseen, but it also presents a grave threat."
According to a release on the report,
"Federal regulators have puzzled over how to
handle this ever-increasing waste product, and
for years have opted to take the easy way out:
declaring it non-hazardous and allowing
utility companies to concoct dubious disposal
methods like minefilling. Each year, an
estimated 25 million tons of toxic coal ash
are dumped in mines. And in the absence of
federal regulations, states have taken a
misguided approach to regulating coal ash
disposal -- encouraging minefilling by deeming
it a so-called 'beneficial use.'"
In a related matter,
House Natural Resources Committee Chairman
Nick Rahall (D-WV) introduced legislation --
The Coal Ash Reclamation and Environmental
Safety Act of 2009 (H.R. 493) -- requiring
Federal standards to regulate the engineering
of coal ash impoundments. He said, "Now is the
time to take that action, before any lives are
lost to a similar disaster, which is why I am
introducing legislation to provide a basic
level of safety for our communities and the
environment from the hazards of coal ash
waste."
Access a release summarizing the
recommendations and link to the complete
20-page report (click
here). Access a release from
Representative Rahall (click
here). Access legislative
details for H.R. 493 (click
here). [*Haz, *Water]
Enviros Sue To Upgrade CAA Oil & Gas
Drilling Standards - Jan 15:
Conservation groups filed suit against the
U.S. EPA over what they said is "its failure
to protect communities and the climate from
air pollution emitted nationwide by oil and
gas drilling." They said drilling releases a
number of harmful air pollutants, which are
making skies smoggier, hazier, and more toxic
to breathe throughout the United States, and
fuels global warming. Making things worse,
federal clean air standards for oil and gas
drilling are outdated. They said, "These
standards are not only illegal, but endanger
public health and the climate."
Under the Clean Air Act (CAA), EPA is
required to review and update clean air
regulations every eight years. The groups said
EPA has failed to update two sets of clean air
regulations it originally issued in 1985 and
1999, and has failed altogether to issue a
required third set of regulations. They said,
"The result is a number of oil and gas
operations and pollutants spewed by those
operations are not limited in any way. Even
oil and gas operations covered by the outdated
regulations are not required to use the latest
technologies to safeguard public health and
the climate."
Andrea Zaccardi, attorney with
Earthjustice said, "Oil and gas drilling
operations have been exploding throughout the
Rocky Mountain West. Yet in the face of this
exponential growth, EPA has sat on its hands
when it comes to issuing and updating required
regulations to safeguard our communities from
these operations. We can't allow EPA to
jeopardize public health by failing to
maintain up-to-date clean air regulations."
Nationwide, the affects communities in
California, New York, Pennsylvania, Texas, and
a number of other states where drilling is
occurring.
The groups filing suit against the EPA
include WildEarth Guardians and the San Juan
Citizens Alliance. Earthjustice, a national
public interest environmental law firm, is
representing the groups. The lawsuit was filed
in Federal court in Washington, D.C. The suits
relate to New Source Performance Standards;
Maximum Achievable Control Technology
standards; and "Residual Risk" standards for
oil and gas drilling.
Access a release from Earthjustice ( click
here). [*Air]
Rahall Resolution To Overturn ESA Rule
By Congressional Review - Jan 15:
House Natural Resources Committee Chairman
Nick Rahall (D-WV) introduced a joint
resolution -- with the support of 12
co-sponsors -- invoking the Congressional
Review Act (CRA) to overturn the highly
controversial gutting of the Endangered
Species Act (ESA) pushed through by the Bush
Administration during its waning days in
office [See WIMS 12/12/08]. Rahall said, "The
Bush Administration has had a long -- though
one could hardly say proud -- history of
trying to undermine the ESA and the protection
it provides to America's most imperiled
species. Today, I introduce legislation, using
the authority granted to the Congress under
the CRA, to overturn a rule that served as the
Bush Administration's final assault on, and
insult to, one of the Nation's landmark
conservation laws."
On December 11, 2008, the Department of
the Interior (DOI) and the Department of
Commerce sent joint final regulations to the
Federal Register which they say will "clarify
the consultation process under the Endangered
Species Act (ESA)." When the regulation was
announced, Interior Secretary Dirk Kempthorne
added, “When I announced the listing of the
polar bear as threatened in May [See
WIMS 5/15/08], I agreed with the
President that the Endangered Species Act is
not the right tool to set climate change
policy. I also announced that day that we
would propose common sense modifications to
the existing regulations in order to provide
greater certainty that the listing would not
become a backdoor for setting climate change
policy.”
Rahall's H.J. Res. 18 seeks to overturn
what he said was "the last-minute, ill-advised
action by the Administration to do away with
the ESA's cornerstone Section 7 consultation
process, a move that essentially gives federal
agencies an unacceptable degree of discretion
to decide on their own whether or not to
comply with the law. As a result, federal
agencies would be allowed to undertake or
permit thousands of federal activities -- such
as logging or building a dam -- on federal
lands and other areas without obtaining review
or comment from federal wildlife biologists at
the Fish and Wildlife Service."
First proposed in late August 2008 [See
WIMS 8/12/08], Rahall said the
Administration rushed a public comment period
and environmental assessment of the proposed
regulation. Rahall, along with 80 Members of
Congress, led efforts in the House urging the
Administration to halt the changes; yet, the
Administration defied public opinion and
proceeded to review more than 300,000 public
comments at a rate of more than 6,000 per
hour.
Rahall said, "As the Bush Administration
fades off into the sunset, once and for all,
they leave behind a devastating trail of
last-minute regulatory changes that represent
the worst in public policy. I look forward to
working with the Obama Administration to
correct course and promote a positive
resources conservation agenda. Passage of this
joint resolution will be step one in restoring
the vigor of America's natural heritage
through this landmark conservation law,"
The joint resolution is co-sponsored by
Reps. Ed Markey (D-MA), George Miller (D-CA),
Peter DeFazio (D-OR), Maurice Hinchey (D-NY),
Lois Capps (D-CA), Jay Inslee (D-WA), Rush
Holt (D-NJ), Raúl Grijalva (D-AZ), John
Dingell (D-MI), Norm Dicks (D-WA), Sam Farr
(D-CA), and Earl Blumenauer (D-OR).
Earthjustice representing conservation and
fishing groups applauded the action and are
currently challenging the new rule in Federal
district court. They said when legislation is
signed to overturn the weaken rule, this
litigation will no longer be necessary. The
Center for Biological Diversity (CBD),
Greenpeace and Defenders of Wildlife also
have filed suit in the Northern District of
California to stop the regulations.
Access a release from Representative
Rahall (click
here). Access legislative details for
H.J. Res. 18 (click
here). Access a release from
Earthjustice (click
here). [*Wildlife]
CBD Sues Six Agencies On Global
Warming & Endangered Species
- Jan 15: The Center for Biological Diversity
(CBD) filed suit in a Washington, D.C. Federal
court against six Federal agencies for
refusing to develop nation-wide regulations to
speed the recovery of endangered species and
integrate global warming into all major
Federal decision-making processes.
The suit charges the Department of the
Interior (including the U.S. Fish and Wildlife
Service, National Park Service, and Bureau of
Land Management), Department of Commerce
(including the National Marine Fisheries
Service), Department of Agriculture (including
the U.S. Forest Service), Department of
Defense, Department of Transportation
(including the Federal Highway Administration)
and U.S. EPA with violating the Administrative
Procedure Act for refusing to reply or respond
to CBD's Global Warming and Endangered
Species Initiative petition filed in
February 2007.
Bill Snape, senior counsel for the Center
and lawyer for the suit said, “Global warming
is the fastest-growing threat to endangered
species. It is pushing hundreds of species,
including the polar bear, walrus, black
abalone, elkhorn coral, staghorn coral,
American pika, Sonoran pronghorn, woodland
caribou, and wolverine to extinction.
Integrating global warming considerations into
all levels of government is the challenge of
our times. Yet the Bush administration not
only refused to provide direction on climate
change policy, it prevented federal agencies
from doing so.”
“We filed the Global Warming and
Endangered Species Initiative in 2007 to
jump-start the reinvention of federal
conservation policy. The Bush administration
ignored the petition. With this lawsuit, we
provide the Obama administration with a legal
platform to develop integrated,
government-wide policies to speed the recovery
of endangered species and limit the impact of
global warming. We look forward to working
with the new administration to resolve the
suit and begin the hard work of turning the
ship of state of around after eight years of
stalling.”
The petition requested the federal
agencies develop regulations to: - Review all
threatened, endangered, and candidate species
to determine which are threatened by global
warming; - Revise all federal recovery plans
to ensure endangered species are able to adapt
to a warming environment; - Require all
federal agencies to implement endangered
species recovery plans; - Review the global
warming contribution of all federal projects
and require mitigation of impacts on imperiled
species; - Provide technical and financial
support to states, local governments, and
American Indian tribes that voluntarily agree
to implement recover plans; - Require a final
Endangered Species Act listing decision on all
candidate species within five years; and -
Prohibit all federal actions and habitat
conservation plans from appreciably reducing
the likelihood of species’ recovery.
Access a release from CBD and link to
further information ( click
here). [*Wildlife]
Agencies Report On Sea-Level Rise In
Mid-Atlantic Region - Jan 16: U.S.
EPA, in collaboration with other agencies, has
released a report that discusses the impacts
of sea level rise on the coast, coastal
communities, and the habitats and species that
depend on them. The report,
Coastal Sensitivity to
Sea-Level Rise: A Focus on the Mid-Atlantic
Region,
examines multiple opportunities for
governments and coastal communities to plan
for and adapt to rising sea levels. Sea-level
rise can affect coastal communities and
habitats in a variety of different ways,
including submerging low-lying lands, eroding
beaches, converting wetlands to open water,
intensifying coastal flooding, and increasing
the salinity of estuaries and freshwater
aquifers. It is caused by a number of natural
and human-induced factors and can vary by
region. EPA said that some impacts of
sea-level rise can already be observed along
the U.S. coast.
According to EPA, the primary causes of
global sea-level rise are the expansion of
ocean water due to warming and the melting of
glaciers and ice sheets. Locally, sea-level
rise is also influenced by changes to the
geology of coastal land, making coastal
elevation mapping an important area of future
study. The Mid-Atlantic region, the focus of
this report, is one of the areas in the U.S.
that will likely see the greatest impacts due
to rising waters, coastal storms, and a high
concentration of population along the
coastline.
EPA led
the development of the report with significant
contributions from the National Oceanic and
Atmospheric Administration and the U.S.
Geological Survey. The report is one of 21
climate change synthesis and assessment
products commissioned by the U.S. Climate
Change Science Program (CCSP).
Access
a release from EPA and links to more
information and the complete report (click
here). [*Climate, *Water]
Proposed Rule On
Significant Harm Level for Particle Pollution
- Jan 15: U.S. EPA is
proposing a rule to update its Air Quality
Index (AQI) to reflect the latest standards
for fine particle pollution (PM 2.5). The
proposal also would set a “significant harm”
level, which states use in developing
emergency episode plans. Under the proposed
changes, the AQI would reach “code orange” --
unhealthy for sensitive groups -- when
particle pollution levels reach 35.5
micrograms per cubic meter of air (ug/m3). The
changes also would mean air quality reaches
the “unhealthy” category at a lower particle
pollution level.
EPA said the proposed changes likely would
not have a noticeable impact on daily air
quality forecasts. States have been
voluntarily forecasting code orange when
particle pollution reaches 35 ug/m3, the same
level as the revised daily health standard.
EPA revised this standard in September 2006 [See
WIMS 9/21/06]. The proposed rule also
would set a significant harm level equal to an
AQI value of 500. States use these levels in
air quality emergency episode plans, which set
procedures for delivering information to
potentially affected citizens and for reducing
emissions from sources in the area that are
potentially contributing to harmful PM 2.5
levels. EPA is seeking comment on its proposal
for setting the 500 AQI level.
The AQI is EPA’s color-coded tool for
communicating air quality to the public. An
AQI value of 50, for example, represents good
air quality with little potential to affect
public health, while an AQI value over 300
represents hazardous air quality. AQI
reporting is required in cities of 350,000 and
larger; however, more than 300 cities
voluntarily issue air quality forecasts as a
public health service.
EPA will take comment for 60 days after
the proposal is published in the Federal
Register and will hold a public hearing on
March 5, 2009, in Addison, Texas. In addition,
EPA will host a blog to provide the public
additional avenues for discussing this
proposal. Comments to the blog will not be
considered official comments for the record;
however, the blog will provide readers with
easy links for submitting official comments.
The blog will open the week of March 2, 2009,
the same week as the public hearing. EPA will
notify the public about how to participate in
the blog and how to be notified when the blog
is open.
Access a release from EPA (click
here). Access a fact sheet on the
proposed rule (click
here). Access a prepublication copy
of the proposed rule (click
here). [*Air]
USA v. Hagerman - Jan 15:
In the U.S.
Court of Appeals, Seventh Circuit, Case No.
07-3874 and 07-3875. In this on-going legal
wrangle [See WIMS
12/8/08 &
9/30/08 ] , a jury convicted
Wabash Environmental Technologies (WET) and
its president, Derrik Hagerman, on ten counts
of making materially false statements in
reports that WET was required to file under
the Clean Water Act, 33 U.S.C. § 1319(c)(4).
The judge sentenced Hagerman to 60 months in
prison and, along with WET, was ordered to pay
$237,680 in restitution
to the EPA for the expense of cleaning up
pollution caused by them.
Hagerman and WET now argue that the district
court erred in admitting into evidence copies
of certain electronic spreadsheets that
recorded test results that were not charged in
the indictment but were in conflict with what
WET had reported. The defendants argue that
the test results are evidence of prior bad
acts that should have been excluded under
Federal Rule of Evidence 404(b).
The Appeals Court said, "The argument has
no merit. When a defendant commits
two criminal acts
simultaneously but is charged only with
one, 'the evidence of the "other" crime
[cannot] be disentangled from the evidence of
the charged crime,” and
therefore
evidence material to prove the charged crime
'may unavoidably reveal' other criminal acts
that are not charged.
United States v. Taylor,
522 F.3d 731, 734 (7th Cir. 2008). That is the
situation here."
Following
numerous arguments, Hagerman finally argues
that he should not have been given a prison
sentence. He says that the damage he caused to
the environment could not be quantified, that
in his life outside WET he made “considerable”
contributions to his community, that his
family relies on him for support, and that
imprisonment will make paying restitution
difficult. The judge considered but rejected
these arguments. The Appeals Court said,
"There was no abuse of discretion." and
affirmed the decision.
Access the complete opinion (click
here). [*Water]
Federal Register Highlights
The following is a summary from our
Daily REGTrak Bulletin*
for:
Friday, January 16, 2009.
Federal Register
Vol. 74, No. 11
1. TOXICS -
FR. EPA. Emamectin; Pesticide
Tolerances
2. AIR - PR.
EPA. Proposed Rule To Implement the
1997 8-Hour Ozone National Ambient
Air Quality Standard: Revision on
Subpart 1 Area Reclassification and
Anti-Backsliding Provisions Under
Former 1-Hour Ozone Standard;
Proposed Deletion of Obsolete 1-Hour
Ozone Standard Provision
3. AIR,
CLIMATE - PR. EPA. Protection of
Stratospheric Ozone: Allocation of
Essential Use Allowances for
Calendar Year 2009
4.
HAZ/Nuclear - ND. DOD, DOE, EPA, &
NRC. Multi-Agency Radiation Survey
and Assessment of Materials and
Equipment Manual
5. WATER -
NM. DOD/Corps of Engineers. Inland
Waterways Users Board
6.
HAZ/Nuclear - ND. DOE. Notice of
Availability: Office of Civilian
Radioactive Waste Management;
National Transportation Plan,
Revision 0
7. LAND -
FRI. USDA/Commodity Credit
Corporation. Farm and Ranch Lands
Protection Program
8. WATER, HAZ
- FRI. DHS/Coast Guard. Pollution
Prevention Equipment; Consistency
with new International Maritime
Organization (IMO) guidelines and
specifications issued under the
International Convention for the
Prevention of Pollution from Ships (MARPOL)
Annex I
9. TOXICS -
PR. USDA/Animal and Plant Health
Inspection Service. Importation,
Interstate Movement, and Release
Into the Environment of Certain
Genetically Engineered Organisms
10. LAND - NM.
USDA/Forest Service. National Urban
and Community Forestry Advisory
Council
11. WILDLIFE,
LAND - FRI. USDA/Natural Resources
Conservation Service. Wildlife
Habitat Incentive Program
12. ALL - FRI.
USDA/Natural Resources Conservation
Service. Technical Service Provider
Assistance
13. ALL - FRI.
USDA/Rural Utilities Service, etc.
Rural Development Guaranteed Loans
__________________________________
ANPR
- Advance Notice of Proposed Rulemaking;
FR
- Final Rule; FRD
- Direct final rule;
FRI - Interim final rule;
ICR -
Information Collection Request;
ND - Notice
of data, information, reports, etc.
availability; NF
- Notice of Funding Opportunity;
NM - Notice
of Meeting; NS
- Notice of administrative/court
settlement; PR
- Proposed Rule; ROD
- Record of decision
*If you need further
information on the above announcements you
may want to subscribe to our REGTrak
service. Subscribers receive a complete
Federal Register summary of nationally
applicable environmental announcements,
contact information and direct links to
the full-text of each announcement (pdf &
html) before 8 AM each day for $139 per
year (click
here). You
can also access our Federal Regulatory
website and follow the links from there (click
here).
Article
Coding: [Air]
= Air; [All] = Cross-Media, ecosystems;
[Climate] Climate Change; [Drink] =
Drinking Water; [Energy] = Energy;
[GLakes] = Great Lakes; [Haz] = Hazardous
Waste; [Land] = Land Use, Forests; [P2]
Pollution Prevention, Sustainability;
[Remed] = Remediation, Brownfields;
[Tanks] = AST, UST; [Toxics] =Toxics,
Pesticides; [Transport] = Transportation;
[Solid Waste]; [Water] = Water;
[Wildlife] = Wildlife, Endangered Species.
Michigan News
Mary Gade Shows Up At Dow Community
Meeting - Jan 15: The Bay City Times
reports that Mary Gade, former U.S. EPA Region 5
Administrator, who resigned under fire last year
because of her aggressive enforcement stance on
the Midland area dioxin cleanup, "paid a surprise
visit" to the MDEQ and EPA community meeting on
January 15, at Saginaw Valley State University, to
discuss what is being done about dioxin and other
contamination in the Tittabawassee and Saginaw
Rivers and Saginaw Bay watershed [See WIMS
1/5/09].
Among other things, the meeting was to discuss the
use of the EPA Superfund Alternatives Sites (SAS)
program to address the clean up of dioxin and
other contaminants lying in sediment in and along
the banks of the Tittabawassee and Saginaw rivers
and in Saginaw Bay in Lake Huron. The Superfund
Alternative Approach (SAA) is an alternative to
listing a contaminated site on the Superfund
National Priorities List (NPL) before starting
cleanup. Because Superfund monies cannot be used
to fund remedial actions at sites not listed on
the NPL, a viable potentially responsible party (PRP)
must be willing to perform the remedial action.
According to
the media report, "Gade drove to SVSU to tell EPA
and state Department of Environmental Quality
officials that she thinks a new Superfund process
that's since been instituted for dealing with
pollution in the Tittabawassee and Saginaw rivers
and Saginaw Bay will only delay a comprehensive
cleanup, potentially for years." Reportedly, she
said "EPA is using a Superfund Alternative
Approach, which is more guidance-based than
regulatory."
Access the Bay City Times article (click
here). Access the Fact Sheet on the
December talks with links to additional
information (click
here). Access materials and documents
related to Dow's off-site corrective action
activities on the MDEQ website (click
here); and on the EPA Region 5 website (click
here). Access EPA's SAA website for more
information (click
here). Access the EPA docket on the 2007
SAA request for comment for additional information
including EPA responses (click
here).
Access the WIMS-EcoBizPort Special Report on
Midland Area Dioxin Issues for further background
information and links to additional resources (click
here). [*MIToxics,
MIRemed]
Feds Issue ROD For Detroit River
International Crossing - Jan 15: The
Michigan Department of Transportation (MDOT)
announced that the Federal government issued a
long-awaited decision approving a new
Detroit-Windsor border crossing system over the
Detroit River [See WIMS 12/15/08]. The Record of
Decision (ROD), issued January 14, by the
Federal Highway Administration (FHWA), is the
final environmental clearance for the Detroit
River International Crossing (DRIC) Study for a
proposed new border crossing system just north
of Zug Island. The ROD is the last step under
the National Environmental Policy Act (NEPA) to
gain project approval, following four years of
consultations, public hearings, traffic
analyses, and environmental studies. The ROD
allows Michigan to begin right-of- way
acquisition and construction planning for the
proposed new bridge. Construction of a new
border inspection plaza, bridge and interchange
is scheduled to begin in 2010, with an official
opening of the new crossing system planned for
2013.
Governor Granholm said, "The new border
crossing system empowers Michigan's economic
recovery and revitalization as evidenced by the
broad business community support for the
project. In addition to fueling our economic
engine and creating jobs, an expanded
Detroit-Windsor border crossing system will
benefit every traveler who relies on safe,
efficient border crossings." Others expressing
support included State Transportation Director
Kirk Steudle; Oakland County Executive L. Brooks
Patterson; Richard Blouse, Jr., president and
CEO of the Detroit Regional Chamber; Michigan
Manufacturers Association; and Ford Motor
Company.
The DRIC Study, a binational effort, was led by
the Border Transportation Partnership, comprised
of the FHWA, Transport Canada, MDOT and the
Ontario Ministry of Transportation. The Border
Transportation Partnership was formed in 2000 to
provide for the safe, efficient and secure
movement of people and goods across the
U.S.-Canada border at the Detroit River to
support the regional, state, provincial and
national economies, and meet the civil and
national defense and homeland security needs of
the busiest trade corridor between the United
States and Canada.
Access a release from MDOT (click
here). Access complete information on
the DRIC on the Border Transportation
Partnership website (click
here). [*MITransport]
Volunteer Stream Monitoring Grants
Available - Jan 15: MDEQ and the Great
Lakes Commission (GLC) announced the release of
two grant opportunities for volunteer stream
monitoring in Michigan: the Volunteer Stream
Monitoring Grant Program and the Volunteer Stream
Monitoring Start-Up Grant Program. The Volunteer
Stream Monitoring Grant Program provides grants
for water quality monitoring in wadeable streams
and rivers. The grants may be used to fund a local
monitoring coordinator and/or purchase water
quality monitoring supplies. Local units of
government and nonprofit entities are eligible to
receive grant funding. $50,000 is available this
year to fund organizations that seek to implement
community-based volunteer programs to monitor
macroinvertebrates and habitat characteristics.
The Volunteer Stream Monitoring Start-Up Grant
Program provides funding for newly forming
volunteer monitoring groups to assist these new
groups in designing a monitoring strategy for
their community and aid in the development a full
proposal for the 2010 Volunteer Stream Monitoring
Grant Program. Up to $10,000 will be available for
start-up grants, with multiple grants expected in
the $1,000 to $3,000 range.
Access a release from MDEQ with links to
complete information and contacts for both
programs (click
here). [*MIWater]
Michigan Legislative Tracking (1/15)
Click on
the bill number for complete status, full text, &
analyses. Uppercase is Senate action; lowercase is
House action.
For a complete
list of environmental legislation this session ( click
here).
WIMS Daily includes Daily
tracking of environmental and energy legislation in the
State of Michgian when there is activity.
Now you can try this highly acclaimed
publication at no charge for the next 30 days -- better yet; when
your trial is over you'll be able to afford to continue it -- WIMS Daily at $339/year ($289 Local Government Rate); and eNewsUSA $239/year!
30-days Free, No Obligation

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or
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is produced each business day (47 weeks/year, some
exceptions) and is
available for Michigan subscribers
at just $339/year; special $289/year for local government.. For non-Michigan users, eNewsUSA is available
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