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Daily Environmental Briefing Report
Friday, January 16, 2009
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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 
   

 
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.

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