Vol. 13, No. 3, October 2005 The RT Review The Latest on Environmental Issues From Your Solution-Oriented Environmental Services Firm • Environmental Engineers & Scientists • Geologists • Remedial Contractors RTENV.COM

NEW REPORT SHOWS PROGRESS NEW GENERATION OF BROWNFIELD SITES REDUCING AIR POLLUTION IN EASTERN UNITED STATES RECEIVING TOP ATTENTION 2004 decreases in emissions of ozone forming The next generation of Brownfield sites are Redevelopment of the Bellmawr site poses a nitrogen oxides (NOx) signal that ozone air quality already turning out to be all that planners and number of challenges, including that a connector throughout the eastern US is improving. According those concerned about the environment wanted ramp between the North-South freeway and I- to a new report released in mid-August, “Evaluating to see happen as the nation accommodates 295 is proposed to be installed in the near future Ozone Control Programs in the Eastern United population growth. In Pennsylvania and New across the site as part of the New Jersey States: Focus on the NOx Budget Trading Program, Jersey, legislatures and governors, several years Department of Transportation’s “Missing 2004”, EPA’s rule, known as the “NOx SIP Call,” ago, created both economic and permit expedit- Moves” project. Bellmawr’s long-time mayor, ing incentives which are now coming to fruition. Joseph Petruzzi, has called for proper closure of has yielded reductions to improve air quality for Now, projects are even being put forth which can the landfill as part of any aspect of site redevel- more than 100 million people. The NOx SIP Call include transportation infrastructure improve- opment. Recently, New Jersey Transportation directs 21 eastern states and the District of ments drawing political public support, a very Commissioner Jack Latierre, and Develcom Columbia to reduce emissions of NOx during the positive answer to the “NIMBY” syndrome, principal, Charles Gallub, agreed that, by work- summer months. All states subject to this rule which has delayed many projects. ing together: chose to comply by participating in the EPA-admin- ¥ Proper closure of the landfill can be istered NOx Budget Trading Program. Two example projects currently being pro- posed by Develcom, a Bellmawr, New Jersey, achieved. “The NOx Budget Trading Program is yet another ¥ Integrated drainage solutions can be imple- example of how market-based trading programs are redevelopment organization, include key infra- structure and transportation improvements in mented providing state of the art stormwater significantly reducing emissions of air pollutants,” controls, and protecting nearby Big Timber said EPA Administrator Stephen L. Johnson. The congested areas Ð in suburban Willow Grove, Pennsylvania, and in Bellmawr, New Jersey. Creek. NOx SIP Call and our new clean Air Interstate Rule ¥ The congested areas of Bellmawr near the ensure that Americans continue to breathe cleaner Bellmawr, located at the confluence of New Jersey’s North-South freeway (I-76) and I-295 Creek Road exits can be improved, by construc- air by dramatically reducing air pollution that moves tion of by-pass roads, improving existing traffic across state boundaries.” has the highest volume freeway “intersection” in the southern part of New Jersey. backups. The NOx Budget Trading Program was modeled The Camden Courier Post also recently fea- after the Ozone Transport Commission’s NOx The Willow Grove project includes redevelop- ment of a Willow Grove “main street” area, and tured the project in a headline story, indicating Budget Program an EPA’s Acid Rain Program to that the site may be South Jersey’s first “transit deliver important emissions reductions efficiently movement and redevelopment of a Home Depot site. A new “connector road” has been incorpo- village.” This possibility depends on the selec- and effectively. Under this program, the report tion of PATCO High Speed Line expansion shows that power industry summertime NOx emis- rated into the plan, which will provide perma- nent improvement to traffic conditions in the routes as two of the planned routes, would go sions have dropped significantly in 2004. Total past the site. Develcom has offered free space ozone season NOx emissions from power plants area, including better access to the Willow Grove interchange of the Pennsylvania for a new rail station, should either of the routes and other large combustion sources were 30 per- which would traverse the site near the North- cent lower than in 2003, and 50 percent lower than Turnpike. The Willow Grove project will clearly make “highest and best use of the land” South freeway, be selected. in 2000. The NOx reductions, when combined with Although a “transit village” is a new concept other control programs have reduced ozone season through construction of parking garages immedi- ately adjacent to new retail space, and, the traffic to South Jersey, transit villages have received NOx emissions from sources in 19 eastern states considerable attention in Pennsylvania and and the District of Columbia, by 70 percent below improvements will improve existing infrastruc- ture, not simply make use of it. North Jersey. Located mostly at commuter rail 1990 levels. stops, transit villages typically have a mix of Continued NOx emission reductions are antici- The Willow Grove site has a number of envi- ronmental issues to deal with, which are being commercial and residential uses, and frequently pated under the NOx SIP call and the Clean Air residents to go to their jobs without the use of Interstate rule, or CAIR. CAIR, issued March 10, evaluated by RT Environmental Services as part of redevelopment plans. cars. Transit villages are considered a key 2005, will permanently cap power plant emissions element in helping to revitalize America’s cities of SO2 and NOx in 28 eastern states and the District The Bellmawr project involves a larger site and near suburban areas. Implementation of a of Columbia. In 2015, CAIR, the NOx SIP Call and with three former landfills, greater than 100 transit village approach at the Bellmawr site has other programs in the East will reduce ozone season acres in size. Although clay materials underlay been well received initially, and improved NOx emissions by about 50 percent and annual the landfill sites, the landfills were not closed in connections to New Jersey Turnpike Exit 3 are NOx emissions by about 60 percent from 2003 accordance with modern environmental regula- levels. tions. A Memorandum of Agreement has (continued on page 2) The new report, “Evaluating Ozone Control already been entered into between Develcom Programs in the Eastern United States: Focus on and the New Jersey Department of TABLE OF CONTENTS the NOx Budget Trading Program, 2004” is avail- Environmental Protection, to investigate this site Staff and Project News ...... 3 able at: http://www.epa.gov/airtrends. Information and to make sure that any remaining areas of PA Updates ...... 4 and background on the NOx SIP Call is available at environmental concern associated with the Technology Updates ...... 6-11 http://www.epa.gov/airmarkets/fednox. landfill are addressed as part of the redevelop- Federal Regulatory Updates ...... 12-20 (EPA Press Release – (8/18/05) ment process. NJ Updates ...... 22

Page 1 Vol. 13, No. 3, October 2005 NEW GENERATION OF BROWNFIELD SITES Directory RECEIVING TOP ATTENTION (continued from page 1) Corporate Headquarters also under study. in the early part of the 20th Century to feed 215 West Church Road Under a Remedial Investigation Work Plan, power to an electric rail line serving Woodbury, King of Prussia, PA 19406 RT Environmental Services is currently complet- Millville, and Atlantic City. The power plant had Phone: (610) 265-1510 ing an in depth environmental study of the site, asbestos issues, but, the plant was properly abat- FAX: (610) 265-0687 which is clearly unique. Attention is being given ed and demolished when Conrail assets were E-mail: [email protected] to the Big Timber Creek estuary, which is likely purchased by CSX and Norfolk Southern rail- World Wide Web: HTTP://RTENV.COM to see water quality improvements as a result of roads. Redevelopment of this site, would the project. Water quality testing is currently involve a number of remediation aspects as well. 24 HOUR underway, and an environmental objective asso- Similar to portions of the Bellmawr site, the URGENT LINE SERVICE ciated with the site redevelopment is to carefully Westville site would also be considered for resi- 800-725-0593 assess current groundwater and surface water dential redevelopment, making maximum use of Gary Brown, P.E., President quality to assure that future improvements, existing infrastructure, and construction of mid Phone: (610) 768-0232 which are expected to include capping of much and/or high-rise buildings. Yet another E-mail: [email protected] of the site are properly designed and implement- Brownfields riverfront site is close to approval in Rich Johnson, P.G. ed. Already, a major retailer has expressed inter- the Vineland/Millville area. Phone: (610) 265-1510 Ext. 11 est in a portion of the site, and another, focused RT appreciates the trust our clients place in us Hydrogeology Group Manager on residential development has expressed strong as better and better Brownfields site redevelop- interest as well. Early site inspection and histor- ment projects are concepted and move to E-mail: [email protected] ical data review results suggest that New Jersey fruition. Both key states we operate in, Walter Hungarter DEP’s long-standing Coastal Area Facilities Pennsylvania and New Jersey, have taken impor- Phone: (610) 265-5599 Review Act and Wetlands Protection Program tant steps in the last year to make sure that Engineering Group Manager historically protected the Big Timber Creek estu- Brownfield projects receive proper attention; Mr. E-mail: [email protected] ary from early sprawl development impacts, as Kenneth Kloo is effectively managing brown- the area of active wetlands remains very large, fields efforts at the New Jersey Department of Rob Carey compared nearly all other New Jersey or Environmental Protection, and the Land Phone: (610) 265-1510 Ext. 31 Pennsylvania estuaries. It is anticipated that with Recycling Program in Pennsylvania has been Remediation Group Manager proper closure of the three landfills, further water give a new leader, Mr. Eugene DePasquale. E-mail: [email protected] quality improvements will occur. These important leadership efforts in both states Mark Eschbacher, P.G. As the metropolitan areas in the northeastern means that Brownfields site projects will receive Phone: (610) 265-1510 Ext. 32 part of the U.S. rediscover their “river historical the attention they deserve, at the highest level of Senior Hydrogeologist roots,” proper development in estuary areas, each state’s Department of Environmental while addressing past environmental impacts Protection. E-mail: [email protected] from filling activities, enhances overall environ- Should you need any further information on New Jersey mental protection. Brownfields initiatives, contact Gary Brown in Justin Lauterbach RT is also working on another Big Timber our King of Prussia office, or Justin Lauterbach Phone: (856) 467-2276 Ext. 119 Creek estuary site in Westville, where, the in our New Jersey Office. As always, we appre- E-mail: [email protected] Pennsylvania Railroad established a power plant ciate the opportunity to be of service. Suite 306, Pureland Complex 510 Heron Drive, P.O. Box 521 PCB REMEDIATION WASTE REGULATORY Bridgeport, NJ 08014 CHANGES UNDER CONSIDERATION Phone: (856) 467-2276 Congress directed the Office of Management and EPA is considering whether to reorganize the cleanup FAX: (856) 467-3476 Budget (OMB) to prepare an annual Report to Congress regulations, for instance, by integrating the PCB Spill on the Costs and Benefits of Federal Regulations. On Cleanup Policy into the PCB remediation regulations, sep- Regional Partners February 20, 2004 (69 Fed. Reg. 7987), OMB made the arating the disposal provisions from the cleanup provi- California report “2004 Draft Report to Congress on the Costs and sions, providing clarification on the applicability of the Bob Smyth Benefits of Federal Regulations” publicly available and cleanup regulations, and identifying a sub-set of PCB Phone: (856) 234-1730 requested public nominations of regulatory reforms. One self-implementing cleanups and disposals that will no FAX: (856) 234-4387 of the nominations that OMB received was from the longer be subject to EPA approval. In general, EPA has Massachusetts Utilities Solid Waste Advisory Group (USWAG). (See, requested comments from stakeholders on the following Andy Irwin USWAG letter dated May 20, 2004, to Ms. Lorraine Hunt, issues: OMB, subject: Draft Report to Congress on the Costs and - Whether the regulations pertaining to PCB remediation Phone: (508) 653-8007 Benefits of Federal Regulation; Notice and Request for FAX: (508) 653-8194 waste need to be clarified and if so, how can EPA clarify Comments.) It contends that in two different sections of them? Michigan the PCB regulations at 40 CFR §761.61, EPA treats iden- tical PCB remediation waste at concentrations less than - How should the regulations be organized to better Michael Carlson clarify the disposal requirements for cleanups under 40 Phone: (248) 585-3800 50 parts per million (ppm) differently. (See, Comment I., in USWAG May 20, 2004, letter of OMB.) USWAG further CFR 761.61(a) and the disposal of PCB remediation FAX: (248) 585-8404 contends that the regulations at 40 CFR 761.61 and 40 waste under 40 CFR 761.61(b)? North Carolina CFR 761.50(b)(3)(ii) state that all PCB remediation - Are there other regulations other than those discussed Phil Rahn waste containing less than 50 ppm PCBs can be dis- above that should be changed to improve the regulations Phone: (336) 852-5003 posed of based on it as-found concentration in a munici- that relate to PCB remediation waste? Ohio pal solid waste landfill. EPA is reviewing the regulations - Can the regulations be modified or organized in other Ron Clark to determine whether they should be clarified and ways that would make them easier to use and more streamlined to minimize any potential confusion and if transparent? Phone: (330) 375-1390 Ext. 207 so, how. Virginia - Whether there are self-implementing cleanups and dis- The regulations and policy being reviewed include: 40 Edward Berg posals that need not be subject to EPA review? If so, CFR 761.61; 40 CFR 761 Subpart G (PCB Spill Cleanup what are the characteristics of these sites? Phone: (757) 599-6985 Policy); and 40 CFR 761.50(b)(3)(ii). (USEPA – 7/21/05) FAX: (757) 599-3501 Page 2 The RT Review EPA TESTS QUICK DEMOLITION METHOD LEAVING ASBESTOS IN PLACE The closed U.S. Army base Fort Chaffee asbestos fibers and minimize their potential representative of the city, Arkansas Health has been identified by the U.S. release to the air,” the EPA said. Department, or the EPA to stop work if con- Environmental Protection Agency as the Wastewater generated during the demoli- ditions so merit, the federal agency said. site for the testing of a new Alternative tion is collected, and all contaminated mate- The site is in a remote, secure location, to Asbestos Control Method, which would rials are disposed as asbestos-containing assure no public exposure, and has several lower the restrictions on demolition of waste. A two-inch layer of soil is removed identical structures with asbestos-contain- buildings that contain asbestos. Not all the to ensure that no residual soil contamina- ing building materials to facilitate a side- asbestos would have to be removed before tion remains at the site. by-side comparison of the Alternative demolition under the new method. The new method “may serve as an Asbestos Control Demolition method vs. The Alternative Asbestos Control alternative to the current NESHAP for the current NESHAP method. Method removes only the most friable, or demolition of buildings containing The buildings have a clearance of brittle, materials containing asbestos before asbestos,” the EPA said. approximately 1,000 feet from the nearest demolition, but leaves some asbestos con- occupied site on the eastern side, and more taining materials, such as wall systems, in The agency says the new method may than that in all other directions. place. “accelerate the demolition of many aban- The most friable asbestos-containing doned buildings around the nation that The project will be carried out as a joint materials are removed under the require- remain standing, currently presenting a effort of the Fort Chaffee Redevelopment ments of the Asbestos National Emissions variety of serious risks to nearby residents.” Authority, the Arkansas Department of Standards for Hazardous Air Pollutants “Using the Alternative Asbestos Control Environmental Quality, the U.S. (NESHAP) and are disposed of as asbestos- Method, these former blighted areas would Department of Energy, and the EPA. containing wastes. then be available redevelopment, creating “Public involvement of local residents Once the most friable materials are safe- jobs and tax revenues for communities,” will be solicited at various stages through- ly removed, the demolition proceeds using said the agency. out the project, and will be an integral part amended water suppression before, during, The demonstration will include environ- of the project plan,” the EPA said. and after demolition, in order “to trap mental monitoring, and will allow for a (Environment News Service Ð 8/8/05)

RT STAFF AND PROJECT NEWS As of mid fall more Brownfields site work was continuing to dom- • Gina Testa, who has a BS Degree in Biology from Philadelphia inate RT’s project agenda. Work at an additional service University. Gina has previous regulatory experience, as well as air station/petroleum release site in Cumberland County was under- permitting and environmental site assessment way, to be managed by Justin Lauterbach, General Manager of RT’s experience. New Jersey Office. A new Act 2 site, with impacted groundwater • Teresa Andres, joined RT with a Masters Degree from Rowan from former wood preserving operations was also underway in University. Teresa is already hard at work on Phase I Lower Bucks County, PA, being managed by Mark Eschbacher, Environmental Site Assessments, including a preliminary assess- P.G. ment and soil sampling at a former cranberry bog site in Evesham Gary Brown obtained his NJDEP Cleanup Star Certification, Township, NJ. which is being put to quick use for a Tech Rules Preliminary • Robert McKenzie, joins RT with 17 years of experience in Assessment of a 90 acre cranberry bog site in Burlington County. asbestos testing and abatement oversight. Bob has an Associates Dave Carlson, lead hydrogeologist in RT’s New Jersey Office Degree from Miami Dade Community College. assumed responsibility for project management of a Brownfield site • Dave Carlson, joins RT’s New Jersey Office as lead investigation of a former petroleum research site, near the New Hydrogeologist. Mr. Carlson is an NJDEP closure subsurface eval- Jersey Turnpike in the Central part of New Jersey. A large num- uator, and is a Professional Geologist in Pennsylvania. Dave has a ber of areas of concern are being investigated by former owners, Bachelor of Arts Degree in Geology from Franklin and Marshall with minor areas of concern being investigated by the purchaser, College. RT’s client. • Ben Shaw, joins RT as an Environmental Engineer working in Walter Hungarter’s King of Prussia Engineering Group. Ben is Rob Carey and Thomas Donovan are tackling a remedial project working on preparing Contingency Plans for asphalt plants, and is in Winslow, where a significant amount of debris and waste was completing sampling activities at TK the Budd found to be present at a former landscaping company site scheduled remediation/Brownfields Site, in Philadelphia. Ben is a Stevens for residential development. Larry Bily and Benjamin Shaw con- Institute of Technology Graduate. tinue to work at the Budd Commerce Center Site in Philadelphia, • Shane Dorward, joins RT in Rob Carey’s Remediation Group and the American Metro Brownfields redevelopment site, near in our King of Prussia Headquarters. Shane has a Bachelor of Trenton, NJ. Also assisting on both projects, and implementing Science Degree in Environmental Studies from Temple University, state of the art PCB well and floor sampling techniques is Scott where he graduated with honors. Shane is currently completing a Hazelton. number of soil and groundwater investigation projects at Brownfield Chris Ward and Shane Dorward are implementing a North Penn sites, as well completing Phase I Environmental Site Assessment Area Brownfields site investigation involving former underground work. storage tank area release and a large concrete material waste pile, • John McCabe joined RT’s NJ Office as environmental engi- prior to planned purchase and redevelopment. neer, reporting to Joe Lang. John is a Penn State Graduate with a degree in Environmental Systems Engineering. A number of new employees have joined RT to meet a strong RT is very proud of our new staff, and we look forward to the client demand, at our many project sites. opportunity to continue to be of service to our clients who continue New employees include: to award us many new and exciting projects.

Page 3 Vol. 13, No. 3, October 2005 PA UPDATES

AMOUNT OF WASTE DEPOSITED IN strategy is expected to improve water quality in PA UPDATES PA LANDFILLS DOWN FOR THIRD the 13 sub-basins that make up these two water- ¥ Philadelphia Stormwater Award, Pg. 4 CONSECUTIVE YEAR sheds. ¥ Porous Pavements, Pg. 4 The Department of Environmental Protection “This is an important step toward restoring ¥ Chesapeake Discharge Monitoring, Pg. 4 reported that the total amount of waste disposed impaired waters in Pennsylvania and the ¥ Toxics Management Strategy, Pg. 5 of in Pennsylvania landfills dropped for the third Chesapeake Bay Ð requiring 190 significant consecutive year, decreasing from 25.39 million sewage and industrial discharges to reduce their Philadelphia Green program and is a part of the tons in 2003 to 25.18 million tons last year. nutrient loads,“ McGinty said. “Monitoring horticultural Society’s “Green City Strategy.” (DEP Update Ð 7/20/05) nutrient loads is critical to documenting our One of the key advantages of investments in progress in the Bay restoration effort and helps to greening and in vacant land management is the identify steps each discharger may need to PENNSYLVANIA GIVES $5.5 MILLION increase in property values by as much as 30 per- undertake to achieve any future nutrient load cent. This fact was reported in “The FOR OPEN SPACE, RECREATION reductions. Pennsylvania Governor Edward Rendell Determinants of Neighborhood Transformation As part of the Chesapeake 2000 Agreement in Philadelphia Ð Identification and Analysis,” a announced $5.4 million in grants to undertake 47 among Bay states and partners in the restoration local and regional greenways, open space, com- study undertaken by the Wharton School of the effort, Pennsylvania agreed to develop a tributary University of Pennsylvania’s Real Estate munity park and recreation projects in 30 coun- strategy to reduce total nitrogen and phosphorus ties across Pennsylvania. Department with support from the William Penn to the Bay by about 40 percent from both point Foundation to look at revitalization strategies and “Through our partnership grant program, I and nonpoint sources by 2010. have focused on giving Pennsylvania communi- their impact on neighborhoods. As part of the point source part of The program started as a greening program to ties the helping hand they need to become more Pennsylvania’s strategy, DEP is amending vibrant places to live, work and plan,” Governor renew small spaces in neighborhoods, one step- National Pollutant Discharge Elimination System at-a-time. Now PHS has added a storm water Rendell said. (NPDES) permits for 190 facilities identified to “We have a number of different grants that we management component, turning spaces that be significant contributors of nutrients. Permits were neighborhood eyesores into places that now provide to allow urban and rural communities to will be amended to require the monitoring and develop their streetscapes, promote outdoor beautify the neighborhood, also providing shade reporting of total nitrogen and phosphorus. This and environmental benefits. To learn more about attractions and develop plans that will ultimately is the first component of the point source imple- create a more efficient and pleasurable use of this program see mentation strategy. www.pennsylvaniahorticulturalsociety.org/phlgr green space.” Point source discharges contribute about 11 Statewide, the grants will fund a variety of een/index.html. percent of the total nitrogen and about 18 percent (EPA News Release Ð 8/2/05) open space acquisition, greenways and commu- of the total phosphorus to the Chesapeake Bay nity park and recreation projects, including from Pennsylvania waters based on 2002 esti- acquisition of 18 tracts and the protection of mates. POROUS PARKING LOTS EASE 1,291 acres. Full implementation of the point source con- STORM WATER DAMAGE IN The largest grant of $500,000 went to trol program will achieve an estimated reduction PENNSYLVANIA Willistown Township in Chester County for of 3.1 million pounds of nitrogen and 745,000 acquisition of approximately 10 acres adjacent to A new parking area paved with a permeable pounds of phosphorus per year. covering has replaced an impervious surface on a West Chester Pike and Delchester Road for (Environment News Service Ð8/8/05) preservation of open space and natural areas for municipal lot where oil and other residue from the Okehocking Preserve. vehicles would accumulate and then wash into An Urban Audubon Center in Philadelphia EPA ADMINISTRATOR LAUDS Baker Creek when it rained or snow melted. will be explored and development plans for six INNOVATIVE PROGRAM IN Kelly Burch, Northwest regional director with the Pennsylvania Department of Environmental parks in Williamsport will be funded. PHILADELPHIA The Community Conservation Partnership Protection, visited the newly surfaced municipal EPAAdministrator Stephen L. Johnson cited a parking lot in North East Borough last week. Program grants are funded through the state Philadelphia initiative as a national model for Department of Conservation and Natural The project was financed through a $150,000 reclaiming and managing vacant urban lots. Growing Greener grant from the state of Resources by Growing Greener, Keystone ’93 In a city tour of formerly abandoned sites, and federal funds. Pennsylvania. Administrator Johnson saw how sites have been “Paved surfaces like parking lots interrupt the For more information and a complete list of converted from rubble to green spaces lush with the grants by count, visit www.dcnr.state.pa.us, natural recharging of groundwater,” Burch said. grass and shade trees. Although the spaces are “That can lead to contamination, erosion and the and select “grants.” often small, by reclaiming many sites in the area (Environment News Service Ð8/29/05) muddying of streams when we have heavy rain- of North Philadelphia, the abandoned lots have falls that cause a lot of runoff. This project will been converted into green corridors. significantly cut back on urban-related pollution PENNSYLVANIA FACILITIES MUST “This community-driven partnership has entering Baker Creek, which runs alongside the MONITOR DISCHARGES TO turned urban blight into urban pride,” said parking lot.” CHESAPEAKE Administrator Johnson. “The environmental and Growing Greener has helped to develop five Pennsylvania is imposing new monitoring economic results achieved here in Philadelphia porous pavement parking lots in Erie County, requirements for 190 sewage and industrial dis- are a model for communities across the country providing examples for future pavement projects charges as part of the state’s Chesapeake Bay and will be showcased by the White House at the with the goal of reducing storm water runoff and Tributary Strategy, Environmental Protection Conference on Cooperative Conservation in St. eliminating or reducing the need for stormwater Secretary Kathleen McGinty announced. Louis this month.” detention. The Chesapeake Bay Tributary Strategy is a The tour was hosted by J. Blaine Bonham, Jr., The Baker Creek Watershed Association wide-ranging water quality initiative designed to executive vice president of the Pennsylvania received the grant to create 320 feet of new clean up the state’s rivers and streams, enhance Horticultural Society (PHS). Guest included rep- streamside buffer, nearly 8,000 square feet of the health of families and preserve the rural char- resentatives from the city’s Neighborhood green space, 340 square yards of infiltration gal- acter and farming economy of Pennsylvania. Transformation Initiative and the Philadelphia ley and 1,350 square yards of pervious parking The watersheds of the Susquehanna and Waste Department. service in the center of the downtown. Potomac rivers in Pennsylvania suffer from The vacant land program is run by the In addition, roof runoff from surrounding busi- nutrient and sediment pollution. The tributary Pennsylvania Horticultural Society’s ness building was captured and redirected into Page 4 The RT Review PA UPDATES (Continued) infiltration galleys to eliminate the surface flush- The program is being launches as a three-month U.S. Navy determined that only 0.006 percent of ing effect. trial in 16 eastern Pennsylvania counties before mercury leaches out of dental amalgam particu- In addition to the permeable surface that will being implemented on a statewide basis. late into the wastewater stream. allow precipitation to be filtered as it percolates Dentistry switched from elemental mercury to In January 2004, DEP began its Mercury into the ground, native plants and a bioretention amalgam capsules about 25 years ago. Reduction Initiative, a comprehensive strategy to area are being installed to further improve the Previously, dentists mixed the amalgam for fill- reduce mercury in the environment. Last ecological functioning of the area. ings using elemental mercury. As a result, many November, DEP launches the Pennsylvania Other permeable pavement lots in Erie County dental offices still have containers of excess ele- Mercury Automobile Switch Removal Program. are at the Asbury Woods Trail head, the Erie mental mercury stored in their offices. This voluntary program is expected to recycle County Conservation District, Unitarian Church Through surveys conducted in 2001 and 2004, 600 pounds of mercury over the next two years and Bayfront Center for Maritime Studies. the state has identified approximately 1,062 from vehicles that are no longer useable. (Environment News Service Ð7/19/05) pounds of elemental mercury ready for collection (Environment News Service Ð7/22/05) from dental offices across the state. Although use of elemental mercury has PENNSYLVANIA DENTISTS AGREE TO become obsolete, mercury compounds still are NEW TOXICS MANAGEMENT RID THEIR OFFICES OF MERCURY commonly used in dental practices. STRATEGY PROPOSED IN PA Pennsylvania dentists and the state Mercury makes up approximately 50 percent On April 16, the Pennsylvania Department of Department of Environmental Protection (DEP) of the amalgam used in dental offices for fillings. Environmental Protection (“PADEP”) published have launched a new partnership to review vol- Amalgam particles are a potential source of mer- its revised Toxics Management Strategy for pub- untary best management practices for mercury- cury not only in wastewater but also in ground bearing amalgam wastes and collect obsolete lic comment. The Toxics Management Strategy water, streams and rivers. Pennsylvania has describes how PADEP will develop effluent lim- supplies of elemental mercury to prevent the approximately 8,000 dentists discharging to material from entering the environment. about 920 publicly owned water treatment works. itations for toxic pollutants in National Pollutant “This marks a major accomplishment in The review of amalgam waste best-manage- Discharge Elimination System (“NPDES”) per- efforts to ensure a cleaner, healthier environment ment practices will allow DEP to ascertain the mits and how permit writers should develop in Pennsylvania,” DEP Secretary Kathleen number and percentage of dental facilities volun- appropriate permit conditions for toxic pollu- McGinty said. tarily implementing best management practices. tants. Under this new policy, PADEP intends to McGinty signed a Memorandum of The data will be used as a basis to determine account for cumulative impacts to watersheds by Understanding with Pennsylvania Dental whether future regulatory action is warranted to reviewing all existing and proposed NPDES dis- Association Chief Executive Officer Camille reduce the amount of mercury entering the envi- charges within the same watershed at the same Kostelac-Cherry to implement the two-pronged ronment through wastewater discharges. approach to reduce mercury discharges from time. Consequently, some NPDES permits may Currently, there is little hard data in be reopened before their scheduled expiration. dental offices. Pennsylvania to determine the amount of mer- Together, the agencies will collect stored ele- cury being discharged from dental offices, and The Toxics Management Strategy will become mental mercury from dental offices statewide for the results of national studies are so variable as to effective upon final publication in the recycling and conduct a review of the voluntary be inconclusive. One study found that 60 percent Pennsylvania Bulletin. use of best-management practices for reducing of mercury in water treatment works comes from (Manko Gold Katcher & Fox Client Alert Ð amalgam wastes in dental offices. dental practices, while a study conducted by the 6/05)

PENNSYLVANIA BULLETIN NOTICES TECHNICAL GUIDANCE & PERMITS: Bureau of Deep Mine Safety Compliance and Enforcement Procedures. Effective Date: 8/27/05. FINAL TECHNICAL GUIDANCE – MINOR REVISION: Guidelines for Development and Implementation of Emergency Response Plans. This document is being revised to add regulatory references and update contact information. Effective Date: 8/6/05. PROPOSED RULEMAKING: The Environmental Quality Board published the Newtown Creek package of proposed stream delineation changes in Bucks, Carbon, Centre, Chester, Clearfield, Fayette, Lancaster, Schuylkill and Warren counties. DEP is also made a number of corrections to earlier stream redesignations. CLASS A WILD TROUT CHANGES: The Fish and Boat Commission published notice of changes to the list of Class A Wild Trout Streams in Lehigh County. ENGINEERS, GEOLOGISTS, SURVEYORS FEES: The State Board for Professional Engineers, Land Surveyors and Geologists published notice of final registration fee increases. IRRC MEETING: On August 25 the Independent Regulatory Review Commission will consider Environmental Quality Board regarding Final Lake Redesignations (7-388), Final Bond Adjustment and Bituminous Mine Subsidence Control Standards (7-385) and Concentrated Animal Feeding Operations (7-391). For copies of these regulations, check the Environmental Quality Board webpage – April and June 2005 meetings. PROPOSED REVISIONS TO GENERAL PLAN APPROVAL AND GENERAL OPERATING PERMIT: BAQ-GPA/GP-3 (GP-3) for portable nonmetallic processing plants. The primary purpose of this revision is to reflect the way general permit conditions have evolved since GP-3 was issued initially. These changes clarify that the general permit may be used either as a general plan approval or as a general operating permit for a portable nonmetallic processing plant in a facility, as outlined under Condition 2 or, Applicability/Source Coverage Limitations. In addition, diesel fired internal combustion engines powering portable nonmetallic processing plants are now a separate source category requiring separate authoriza- tion through BAQ-GPA/GP-9 or BAQ-GPA/GP-11. Several requirements have been added for dust suppression system, baghouse and scrubber. FINAL TECHNICAL GUIDANCE – NEW GUIDANCE Development of a Replacement Source for a Community Water System. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. FINAL TECHNICAL GUIDANCE – NEW GUIDANCE Policy on Public Participation in the Permit Application Review Process. DRAFT TECHNICAL GUIDANCE – SUBSTANTIVE REVISION Public Water Supply Manual – Part II Community System Design Standards. Effective Date: Upon publication as final in the Pennsylvania Bulletin. REGULATIONS: EQB OKs DEVELOPMENT OF PA-ONLY MERCURY LIMITS The Environmental Quality Board approved a motion to allow the Department of Environmental Protection to move forward with developing a Pennsylvania-only rule limiting mercury emissions from coal-fired power plants. MINOR REVISION: Radon Certification Policy. Notice of Draft Change. DRAFT: Guidelines for Identification of Critical Water Planning Areas. Notice of Draft Change. TECHNICAL GUIDANCE & PERMITS: Notice announcing the availability of a waste management general permit for the processing and beneficial use of non-liquid spent mushroom substrate. TECHNICAL GUIDANCE & PERMITS: Pennsylvania Drinking Water Information System (PADWIS) Inventory Users Manual. Notice of Draft Revision. TECHNICAL GUIDANCE & PERMITS: Continuous Source Monitoring Manual. Notice of Draft Revisions. Page 5 Vol. 13, No. 3, October 2005 TECHNOLOGY UPDATES CARBON MONOXIDE FROM WILD- “This is a potential contamination issue that FIRES MATCHES HUMAN EMISSIONS affects all of us.” TECHNOLOGY UPDATES Wildfires in Alaska and Canada in 2004 emit- State and federal environmental officials said ¥ Allergies Affect 1/2 of Population, Pg. 6 ted as much carbon monoxide as did human they want to review the study, and possibly con- ¥ MTBE in NE Groundwater, Pg. 7 activities in the continental United States during duct new ones, to ascertain the risk to people and ¥ Arctic Ice Loss, Pg. 8 the same time period, according to new research the environment and to determine whether poli- ¥ Innovative Dearborn CSO Controls, Pg. 9 by the National Center for Atmospheric Research cymakers need to take action. (NCAR). The contamination in question comes from a The conclusions, Mahler said, were reviewed To determine the extent to which wildfires family of chemicals known as polycyclic aromat- ic hydrocarbons, or PAHs. Such chemicals can, by other scientists before Environmental Science contribute to atmospheric pollution, the & Technology agreed to publish them. researchers used a novel combination of observ- with sufficient concentrations and exposure lev- els, cause cancer in humans and kill aquatic life. (By Stephen Scheibal, Austin (Tex.) Statesman, ing instruments, computer models, and numerical 6/23/05) techniques that allowed them for the first time to Health officials said PAH levels in the parking distinguish between carbon monoxide coming lot sealants are almost certainly too low to make from the wildfires and from other sources. people sick. The biggest concern, city officials CARGILL TO BUILD NATION’S say, is for aquatic ecosystems. According to LARGEST BIODIESEL PLANT IN IOWA The team concluded that the Alaskan and Wednesday’s report, parking lot sealants may Canadian wildfires emitted about 30 teragrams of With the capacity to produce 37.5 million gal- contribute about 90 percent Ð perhaps even 95 lons of renewable, clean-burning biodiesel a carbon monoxide from June through August of percent Ð of the PAH pollution in urban water- last year. year, Cargill’s planned biodiesel plant in Iowa sheds. Falls is set to be larger than any of the United Because of the wildfires, ground-level concen- Because of the findings, city officials are con- States’ current plants. trations of ozone increased by 25 percent or more templating a ban on sealants deemed harmful to Cargill announced last month that it planned to in parts of the northern continental United States the environment. But they also plan discussions start construction of the new plant this summer, and by 10 percent as far away as Europe. through the summer with state and federal coun- with production expected in April 2006. “It is important to see how the influence of terparts, other scientists and companies that make Organizers say the plant will initially produce these fires can reach large parts of the atmos- or sell parking lot sealants. biodiesel exclusively from soybean oil, but in the phere, perhaps even over the entire Northern PAHs are primary components of many com- future, they hope to add animal fat and waste Hemisphere,” says NCAR scientist Gabriele mon parking lot sealants, particularly those with grease capabilities as well. Pfister, the study’s lead author. “This has signif- coal tar, a toxic byproduct of coke, a fuel derived Adjacent to its existing soybean crush facility icant implications as societies take steps to from coal that’s used in the production of steel. in Iowa Falls, Cargill also plans to build a glyc- improve air quality.” Though the report and the city have singled erin refinery that can turn out 30 million pounds Carbon monoxide, a toxic gas that can affect out coal-tar sealants, the Geological Survey’s per year. human health even at low levels, is emitted by Mahler said it’s not clear whether other types are “The price volatility of the soybean oil and wildfires as well as by motor vehicles, industrial substantially better for the environment. petroleum markets can be challenging for facilities, and other sources that do not complete- biodiesel producers,” said Wayne Teddy, presi- Austin officials pointed to parking lot sealants ly burn carbon based fuels. dent, Cargill Grain and Oilseed Crush Supply- as a likely source of PAHs in 2003, in the midst North America. But “by leveraging Cargill’s Ground-level ozone, which affects human of a series of American-Statesman stories about experience with other renewable fuels, utilizing health in addition to damaging plants and influ- pollution in an around Barton Springs pool. The our expertise in processing, logistics and risk encing climate, is formed from reactions involv- series speculated that the intense concentrations management, as well as accessing our production ing atmospheric pollutants, including carbon of pollutants may have come from buried haz- of multiple feedstocks,” the company will make monoxide, the presence of sunlight. Both pollu- ardous waste. tants are monitored by the U.S. Environmental the enterprise a success, Teddy said. Protection Agency. After a three-moth review, during which the Cargill is the nation’s third largest ethanol pro- city kept the pool closed, health and environmen- ducer. It has an ethanol facility in Eddyville, Wildfires in Alaska and western Canada were tal officials from the state and federal govern- particularly intense in the summer of 2004, due Iowa that produces 35 million gallon per year ments declared that the pollution did not threaten and another just across the Nebraska border in to unusually warm and dry weather. the health of swimmers. (Environment News Service Ð 7/1/05) Blair that produces 85 million gallons per year. The city and the Geological Survey continued “Our biodiesel initiative reflects ongoing gov- studying the source of the pollution. High levels ernment support for renewable fuels and out REPORT: PARKING LOTS CARRY of PAHs have also been found in parts of Waller broader commitment to invest in the U.S. renew- POLLUTION THREAT Creek through the University of Texas campus, able fuels industry, while generating new markets A study released in June by Austin officials the ponds in the Central Market area north of UT, and applications for American farmers,” he said. and the U.S. Geological Survey blames a com- Walnut Creek around Metric Boulevard in North mon chemical for significantly more pollution, Austin and other areas. Iowa farmers have invested millions of tax particularly in waterways, than was previously form checkoff dollars in the development, pro- The city also has tested parking lots across duction and promotion of soy biodiesel. believed. Such a finding could have implications Austin, including at the Texas Commission on not only for Austin’s efforts to protect its creeks There are 52 biodiesel retail fueling stations Environmental Quality offices on North and more than 350 biodiesel fuel distributors in and streams, but for anyone, anywhere, who Interstate 35 and the American-Statesman build- walks or plays on a parking lot. the state. ing just south of downtown. All showed high (Environment News Service Ð 7/6/05) The culprits are sealants that protect parking levels of PAH contamination, officials said. lots, according to the study that was to appear in As part of the study released Wednesday, the Environmental Science & Technology, the jour- Geological Survey and the city extensively tested ALLERGIES PLAGUE MORE THAN nal of the American Chemical Society. parking lots at the former Robert Mueller HALF THE U.S. POPULATION “We’re surrounded, in the areas that we live Municipal Airport, and they studied parking lots For Americans aged six to 59, the changes are and work, by parking lots. This is not a contam- and watersheds in Austin and Fort Worth. Initial greater than 50-50 that they will be allergic to at ination issue that is limited to industrial areas or findings, reported a year ago, showed that PAH least one of 10 common substances. According densely urbanized downtown areas,” said concentrations in the particles washing off coal- to a large national study, more than 50 percent of Barbara Mahler, a research hydrologist for the tar-treated parking lots were 65 times higher than the U.S. population in that age range tested posi- Geological survey and the report’s lead author. those in the runoff from untreated lots. tive to one or more allergens. Page 6 The RT Review TECHNOLOGY UPDATES (Continued) Based on data from the third National Health health across the country.” Since 1750, methane concentrations in the and Nutrition Examination Survey, researchers Roughly six percent of all fine particle pollu- atmosphere have more than doubled, though the found that 54.3 percent of individuals tested had tion (PM 2.5) in the United States comes from rate of increase has slowed during the 1980s and a positive skin test response to at least one of the wood smoke. In some areas where woodstove 1990s, for reasons as yet unknown to scientists, 10 allergens tested. A positive skin test result use is high, wood smoke can account for a Shindell says. Fourteen countries are working may mean the individual is more vulnerable to greater share of PM 2.5. Replacing older wood together to recover methane and use it as a clean asthma, hay fever, and eczema. stoves with EPA-certified stoves can reduce energy sources. The Methane to Markets The highest prevalence rates were for dust wood smoke Ð by 70 percent on average. Partnership, launched in Washington, DC on mite, rye, ragweed, and cockroach, with about 25 (EPA Press Release Ð 7/16/05) November 16, 2004, includes the United States, percent of the population testing positive to each the UK, China, Russia, Brazil, India, Italy, Japan, allergen. METHANE MAY PACK DOUBLE THE Australia and Nigeria, among others. Peanut allergy was the least common, with CLIMATE PUNCH OF EARLIER Dr. Shindell’s methane measurements study nine percent of the population reacting positively ESTIMATES was recently published in the journal “geophysi- to that food allergen. The impacts of the greenhouse gas methane on cal Research Letters.” The new findings published in the August climate warming may be double the standard To find out more, visit Dr. Shindell’s web page issue of the “Journal of Allergy and Clinical amount attributed to the gas by most scientists at: http://www.giss.nasa.gov/~dshindel/ Immunology” were conducted by researchers at today. (Environment News Service Ð 7/19/05) the National Institute of Environmental Health Methane, the primary component of natural Sciences (NIEHS) and the National Institute of gas, is said by the U.S. Environmental Protection MTBE CONTAMINATED Allergy and Infectious Diseases in Bethesda, Agency (EPA) to account for 16 percent of all GROUNDWATER CONCENTRATED Maryland, both components of the National greenhouse gas emissions resulting from human IN NORTHEAST Institutes of Health. activities. The presence of methyl tert-butyl ether Some 10,500 individuals participated in the (MTBE), a component used to add oxygen to skin testing. During these tests, skin was New calculations by a NASA scientist show that methane emissions may account for a much gasoline to meet federal Clean Air Act standards, exposed to substances that are known to cause has been detected as a contaminant in ground allergies, known as allergens, and a positive test greater percentage, up to a third of all climate warming between the 1750s and today. water supplies underlying urban areas, particu- was determined by the size of the reaction on the larly in the northeastern United States. skin. Dr. Drew Shindell, a climatologist at NASA’s Goddard Institute for Space Studies, believes we Researchers from the U.S. Geological Survey The 10 allergens tested include: dust mite, need to look at greenhouse gases when they are examined the occurrence of MTBE and gasoline German cockroach, cat, perennial rye, short rag- emitted at Earth’s surface, instead of looking at hydrocarbons in ground water throughout the weed, Bermuda grass, Russian thistle, White oak, the greenhouse gases after they have been mixed United States and found that nationwide, MTBE Alternia alternate, and peanuts. into the atmosphere. was detected as frequently as some other chemi- Dust samples from the homes of 10,000 indi- cals that have been used for longer periods of This idea contrasts with the way greenhouse viduals are being analyzed for allergens, and time. gases were measured for the major, standard blood samples taken from these individuals are MTBE was detected more frequently in urban investigations into the state of global warming being examined for antibodies to those allergens. areas compared to other land use types, such as published in a series of reports from the agricultural areas, putting shallow ground water “Allergy and asthma control begins at home Intergovernmental Panel on Climate Change for more than 50 million Americans who have supply in these areas at risk for contamination. (IPCC) Assessment, involving the work of thou- The chemical occurred most frequently in the allergies, and the 20 million who have asthma,” sands of climate scientists. said Mike Tringale, director of communications northeastern states. The IPCC reports rely on measurements of Moran says that there may be “unforeseen for the asthma and Allergy Foundation of greenhouse gases as they exist in the atmosphere, America, a citizens support group. “When aller- health consequences” that result from the inges- after they may have mixed with other gases. tion of water contaminated with MTBE, even gy suffers clean properly, they can manage their The IPCC states that methane increases in the indoor air quality and lessen the nasal conges- when the water has no unusual taste or odor. atmosphere account for only about one sixth of “Few concentrations of MTBE in groundwater tion, coughing, sneezing, headaches and severe, the total effect of well-mixed greenhouse gases flu-like symptoms, they often experience.” exceed the current USEPA Drinking-Water on warming. Advisory,” said Moran. “This means that most For tips on cleaning to manage allergies, visit But Shindell points out that the IPCC findings MTBE concentrations in ground water will not http://www.aafa.org/display.cfm?id=4 . do not reflect the quantities of gases that were cause taste and odor concerns. However, low (Environment News Service Ð 8/8/05) actually emitted. concentrations of MTBE in drinking water may and once they do, looking at them after they’ve have unforeseen health consequences.” EPA LAUNCHES NATIONAL CLEAN mixed and changed in the atmosphere doesn’t Past research has shown that possible human WOODSTOVE CAMPAIGN give an accurate picture of their effect,” Shindell health consequences as a result of MTBE conta- said. As part of a national effort to reduce pollution mination in drinking water include carcinogene- While carbon dioxide is the most abundant by replacing older woodstoves with cleaner- sis and detrimental reproductive and develop- greenhouse gas, the others Ð methane, nitrous burning EPA-certified stoves, residents of Libby, mental effects. oxide, and halocarbons Ð also contribute to the Mont. (Lincoln County) will breathe cleaner air Researchers say determining the factors relat- blanket of gas trapping the heat of the sun close thanks to a woodstove “changeout” campaign ed to the occurrence of MTBE, as in this study, to the planet. established by EPA, the woodstove industry, and may help to reveal the sources and pathways of state and local governments. Emitted from both human and natural sources, MTBE to ground water, and the vulnerability of “Helping areas of the country reduce pollution these gases are called well mixed greenhouse aquifers to MTBE contamination. and meet national air quality standards for fine gases because of their long lifetimes of a decade Dr. Moran’s findings were published in the particles is our top priority,” EPA Assistant or more, which allows them to disperse evenly July-August issue of the journal “Ground Water.” Administrator for Air and Radiation Jeffrey around the atmosphere. (Environment News Service Ð 7/19/05) Holmstead said. “By combining local programs Molecule for molecule, methane is 20 times like clean woodstove installation with tough new more potent that carbon dioxide (CO2) as a INSURERS LINK GLOBAL WARMING federal regulations on power plants, cars, trucks, greenhouse gas, but CO2 is much more abundant WITH HIGHER COST OF STORMS and diesel equipment, we can dramatically than methane and the predicted growth rate is far Last year, experts were wary of linking the reduce fine particle pollution and improve public greater. unusual number and severity of storms to long

Page 7 Vol. 13, No. 3, October 2005 TECHNOLOGY UPDATES (Continued) range trends such as global warming, but this of Energy’s (DOE) FreedomCAR Program and that boost succinate production or deleting genes year the connection is being made by the people USCAR’s U.S. Advanced Battery Consortium that interfere with it. who pay the bills for storm damages. will split the cost of research and development (Environment News Service Ð 8/24/05) New calculations from the Association of for a number of new battery materials and tech- British Insurers based on international scientific nologies that have the potential to increase stor- ARCTIC FORECAST TO LOSE ICE research shows that due to global warming, the age and charge/discharge performance, improve costs of Japanese typhoons could increase by durability and reliability and reduce cost. COVER WITHIN 100 YEARS Climate warming across the Arctic is pushing around two-thirds over the next 75 years. The DOE/USCAR partnership has been ongo- The Association of British Insurers (ABI) cal- the Arctic system into a seasonally ice-free state ing for more than 10 years. It has developed the for the first time in more than one million years, culates that Japan could sustain damage of up to nickel metal hydride (NiMH) battery technology about 3.8 trillion yen (US$34 billion) annually by concludes a new report by U.S. and Canadian used in all current, commercially available, light- scientists. The melting is accelerating, and the 2080 if global warming continues at its current duty hybrid electric vehicles. pace. researchers could find no natural processes that In addition, the Advanced Battery Consortium might slow or reverse the thawing of arctic glac- The increase would be double the cost of also is pursuing the development of advanced typhoon damage in 2004, which was the costliest iers and ice sheets. lithium ion systems. This emerging technology The de-icing of the Arctic will raise sea levels year in the last 100 years. offers the promise of compact, longer-life, high The good news is that the ABI’s report, worldwide, flooding coastal areas inhabited by power and high energy batteries for electric, millions of people, the scientists warn. The “Financial Risks of Climate Change,” shows that hybrid-electric vehicles and fuel cell vehicles. these costs can be reduced if governments take indigenous people and animals of the Arctic action now to reduce carbon emissions. Battery developers can leverage their which includes parts of Alaska, Canada, Russia, “This could save up to 80 percent of the pre- resources in combination with those of the auto- Siberia, Scandinavia and Greenland, are already dicted extra costs,” the report says. motive industry and the federal government, feeling the heat. The ABI report also recommends that govern- through the Advanced Battery Consortium. This “What really makes the Arctic different from ments continue to improve coastal defenses and pre-competitive cooperation is intended to mini- the rest of the non-polar world is the permanent flood protection inland; and change building mize duplication of effort and risk of failure, and ice in the ground, in the ocean and on land,” said codes to ensure more weather resilient buildings. maximize the benefits to the public of govern- lead author University of Arizona geoscientist, (Environment News Service Ð 7/26/05) ment funds. Jonathan Overpeck. “We see all of that ice melt- (Environment News Service Ð 7/14/05) ing already, and we envision that it will melt back much more dramatically in the future as we move AUTOMAKERS, ENERGY DEPARTMENT BACTERIA MODIFIED TO MAKE towards this more permanent ice-free state.” INVEST IN HIGH PERFORMANCE ECO-SAFE PLASTICS, SOLVENTS The report by Professor Overpeck and his BATTERIES Trials have begun in Kansas on an environ- colleagues was published in the August 23 issue Energy Secretary Samuel Bodman and leaders mentally friendly production method for a chem- of “Eos, “ the weekly newspaper of the American of the U.S. Council for Automotive Research ical called succinate, a key ingredient of many Geophysical Union. (USCAR) announced an agreement to invest in plastics, drugs, solvents and food additives. In the past, the Arctic has experienced glacial development of advanced high performance bat- The technology, developed with funding from periods, where sea ice coverage expanded and ice teries for electric, hybrid electric and fuel cell the U.S. National Science Foundation and the sheets extended into Northern America and vehicles. U.S. Department of Agriculture, uses a genetical- Europe, and warmer interglacial periods during The investment could amount to $125 million ly modified form of the bacteria E. coli that which the ice retreats, as it has during the past over five years. Bodman said. metabolizes glucose, or sugar, and produces 10,000 years. USCAR is the umbrella organization of almost pure succinate. By studying ice cores and marine sediments, DaimierChrysler, Ford and General Motors, “Succinate is a high-priority chemical that the scientists have a good idea what the “natural which was formed in 1992 to further strengthen U.S. Department of Energy has targeted for envelope” for Arctic climate variations has been the technology base of the domestic auto indus- biosynthesis,” said process co-developer George for the past million years, Overpeck said. try through cooperative research. Bennett, professor and chair of the department of “In the past, researchers have tended to look at Joining Bodman in signing agreements at the chemistry and cell biology at Rice University in individual components of the Arctic,” said Automotive Hall of Fame were Mark Chernoby, Houston. Overpeck. “What we did for the first time is real- DaimlerChrysler vice president of advanced Biosynthesis is the formation of a chemical ly look at how all of those components work vehicle engineering; Dr. Gerhard Schmidt, Ford compound by a living organism. together.” vice president for research and advanced engi- “One reason for this is succinate’s broad utili- The Arctic is “highly complex, with a tightly neering; and Thomas Gottschalk, GM executive ty Ð it can be used to make everything from non- coupled system of people, land, ocean, ice and air vice president of law and public policy and gen- corrosive airport de-icers and nontoxic solvents that behaves in ways that we do not fully com- eral counsel. to plastics, drugs and food additives,” Bennett prehend, and which has demonstrated a capacity “Bringing together the best minds in industry, said. for rapid and unpredictable change with global government and academia will develop technolo- The centerpiece of Rice University’s succinate ramifications,” the NSF Arctic System Science gy faster and more cost effectively than any one technology is a mutant form of E. coli that makes Program declares on its website. “The Arctic is organization could do alone,” said USCAR succinate as its only metabolic byproduct. The pivotal to the dynamics of our planet and it is Executive Director Bill Gouse. technology is taking its first step from the labo- critical that we better understand this complex In Michigan to highlight this agreement and a ratory to the marketplace in August with the start and interactive system.” similar one that will invest up to $70 million to of industrial scale-up efforts in Kansas. Overpeck’s team concluded that there are two develop lightweight, high-strength materials that A Kansas-based company, AgRenew major amplifying feedback systems in the Artic increase fuel efficiency through a reduction of Incorporated, has just begun testing how to use that accelerate changes in the system. They vehicle weight, Bodman said the Bush adminis- farm-grown products like grain sorghum as food involve the interplay between sea and land ice, tration is dedicated to new energy technologies. for the succinate-producing bacteria. ocean circulation in the North Atlantic, and the The new $125 million agreement is set for Finding such environmentally friendly meth- amounts or precipitation and evaporation in the three years with two one-year continuing options ods to make key chemicals like succinate is a system. in which the government and industry will share high priority for the chemical industry. Many The white surface of sea ice reflects radiation the costs of research. researchers are trying to create a succinate-pro- from the sun, for example, Overpeck said. As part of the new agreement, the Department ducing bacterial mutant by either inserting genes However, as sea ice melts, more solar radiation is Page 8 The RT Review TECHNOLOGY UPDATES (Continued) absorbed by the dark ocean, which heats up and The world passenger aircraft fleet is predicted capability and treatment for all overflow vol- results in yet more sea ice melting. to double by 2020 leading to another big jump in umes. The unique design relies on gravity, which While the scientists identified on feedback emissions if no further action is taken. eliminates the need for pumping and maintains loop that could slow the changes, they did not see (Environment News Service Ð 8/1/05) very low flow velocities and associated head any natural mechanism that could stop the losses. The majority of the facility is under- dramatic loss of ice. NON-STICK CHEMICAL 80 TIMES ground; only the control/disinfection building is In addition to sea and land ice melting, NORMAL LEVELS IN OHIOANS’ above ground. Overpeck warned that permafrost Ð the perma- BLOOD The vertical treatment shaft suffers no addi- nently frozen layer of soil that underlies much of Water contaminated with C8, a chemical used tional groundwater infiltration compared to a the Arctic Ð will melt and eventually disappear in in the production of non-stick cookware, is tunnel that requires transportation and treatment. some areas. Such thawing could release addi- responsible for high levels of the chemical in the Local “sinking caisson” construction expertise tional greenhouse gases stored in the permafrost blood of residents in four southeastern Ohio reduces construction risk and potential cost esca- for thousands of years, which would amplify communities, new government sponsored lation. Screening and solids handling occurs human-induced climate change. research shows. within the shaft, eliminating screening storage and associated odors; thus no solids handling or Overpeck said humans could step on the C8 is the commonly used name for perfluoroc- disposal is required. In addition, the vertical brakes by reducing carbon dioxide emissions. tanoic acid, or PFOA Ð a chemical used in the (Environment News Service Ð 8/25/05) production of fluoropolymers. Fluoropolymers shaft treatment process provides proper disinfec- are used to make non-stick surfaces for cookware tion contact time, vessel flushing, air venting, odor control, surge control, skimming and set- EUROPEANS WANT TO CURB and in the manufacture of clothing, carpeting, and other products resistant to grease, water, and tling. AVIATION’S RISING CLIMATE stains. According to manufacturers, C8 is not On the downstream side of an underflow weir EMISSIONS present in the final products. C8 is very persis- in the center of each shaft, a patented CDS Even though airfares might go up, European tent in the environment and is not biograded. Technologies Raked Bar Screen fine screening citizens, nongovernmental organizations and the Once inside the human body, it is very slowly system provides hydraulically driven, automated, aviation industry support taking action to limit eliminated. self-cleaning, reliable, and proven (over 600 the aviation sector’s growing impact on climate installations) treatment. The modular 316 SS, 5- C8 levels more than 60 to 80 times higher than change, according to a public Internet consulta- mm-spaced screen bars are continually combed those typically found in the general population tion conducted by the European Commission. with self-lubricating combs. Its ridged, modular were measured in the nation’s first government design eliminates the need for seasonal re-ten- Simultaneously, the Commission released a sponsored epidemiological study of C8 levels in sioning of the bars. In addition, the horizontal new study which shows that it would be feasible the blood of residents of a four-community modular screen configuration results in a uniform to include airlines in the European Union green- region of southeastern Ohio. house gas emissions trading scheme. The upward flow and velocity through the screen that A random sample of 326 residents was select- Commission is considering this among other ensures minimum (4 in.) head losses and sym- ed from 160 households in Belpre, Little options as it prepares to put forward an EU strat- metrical distribution of forces on the cleaning Hocking, Cutler, and Vincent. All four commu- egy in the fall for tackling aviation’s contribution rakes. This minimizes any potential jamming nities are situated across the Ohio River from a to climate change. and breaking of comb tines. facility where C8 is used in the manufacture of The Raked Bar Screen requires minimal main- “The message from the many citizens and Teflon, a nonstick coating on cookware. C8 is organizations who expressed their views is very tenance. All maintenance can be performed from known to have contaminated the residential the top/clean water side of the screen. An unlike clear Ð it is time for the air transport sector to water supplies of communities near the plant. start contributing to the fight against climate other systems, the Raked Bar Screen can operate Parts of Little Hocking and Belpre are immedi- completely submerged. change,” said Environment Commissioner ately across the river from the plant and could be Stavros Dimas. During dry weather conditions, when the inter- subject to air pollution from the plant. ceptor sewer is below capacity, all flows are “And there is an understanding and acceptance Cutler and Vincent are several miles from the below the upstream pipe weir of the vertical that this must happen even if it may lead to a plant and would not be expected to have expo- treatment shaft and flow by gravity to the inter- modest rise in ticket prices,” he said. sure to air pollution from the plant. However, all ceptor. In wet weather conditions, when the More than 5,500 individuals and 200 organiza- four communities share the same water supply. interceptor exceeds capacity, flow rises over the tions submitted responses to the consultation. A (Environment News Service Ð 8/1/05) upstream feed pipe weir and begins to fall into large majority of those citizens responding Ð 82 the treatment shaft. Chlorine is automatically percent Ð fully agreed with the policy objective CITY TO SAVE $120 MILLION injected prior to the upstream weir via chemical of including the air transport sector in efforts to USING INNOVATIVE COMBINED mixers. mitigate climate change. SEWER OVERFLOW TREATMENT As the storm event continues, the shaft fills as Nine out of ten fully or somewhat agreed with the SHAFT PROCESS floatables are trapped on the upstream side of the objective of strengthening economic incentives The City of Dearborn, Michigan, has revised shaft’s underflow weir and settled solids, due to for air transport operators to reduce their impact its plan for a combined sewer overflow (CSO) the low velocity flow under the shaft weir, begin on the climate. Only 13 percent did not agree control project, a move that the Dearborn Times- and continue to settle. As the shaft becomes full, that increasing the price of air transport would be Herald reports will save the city $120 million the Raked Bar Screen activates and continually acceptable if it is necessary to reduce its impact. over original cost estimates. The new plan operates to trap screenings of mostly neutrally Aircraft contribute to climate change in many employs an innovative, compact and patented buoyant materials in the waste stream while ways, of which the emission of the greenhouse vertical treatment shaft process in a fully auto- allowing treated water to flow to the river. gas carbon dioxide (CO2) is the best understood mated design that lowers both capital and O&M As the storm event subsides, dewatering and quantified. Aviation’s share of overall EU costs by incorporating proven principles and pumps activate, and the water is drawn down to greenhouse gas emissions is rapidly increasing. techniques in a unique and effective manner. The around the 10-ft level when a flushing mode While the EU’s total greenhouse gas emissions project has bid under budget and the bid evalua- begins using a proprietary high-pressure nozzle fell by 5.5 percent from 1990 to 2003, carbon tion is now in progress. system to keep settlables in suspension. dioxide emissions alone from the international The innovative design features large, vertical Dewatering chopper pumps continue until the aviation of the 25 member states of the European capture shafts for the city’s CSO outfalls 16 shaft is emptied. The shaft is then injected with Union increased by 73 percent in the same and 17 that can treat 461 cfs and 1,861 cfs an odor-neutralizing solution. period. respectively. They provide “first-flush” capture (Water & Wastes Digest Ð 9/16/05) Page 9 Vol. 13, No. 3, October 2005 TECHNOLOGY UPDATES (Continued) INTEGRATING CAD AND GIS Autodesk Map. Most states have a similar “card RISE IN CO2 EMISSIONS WILL DATA FOR ENVIRONMENTAL catalog” or GIS Data Clearinghouse where you OUTPACE EARTH’S ABSORPTION PROFESSIONALS can find similar base information. Many of these CAPACITY Part I clearinghouses also offer some sort of “Map There are limits to the planet’s ability to Reducing Headaches during Proposals and Lab” where you can view some of the data using absorb increased emissions of carbon dioxide, Preliminary Investigations your web browser so you don’t need any special according to one model in a new generation of with Public GIS Data software. computer climate models that include the effects by Dana Breig Probert The Federal Government, through USGS, of Earth’s carbon cycle. In the life of an environmental professional, offers up even more public data at their Seamless If current production of carbon from fossil nothing is more exciting than embarking on a Data website. One of the highlights of data fuels continues unabated, by the end of the cen- new project. available here is high resolution infrared images. tury the land and oceans will be less able to take We spent many hours putting together a pro- These images have 1 meter or better resolution- up carbon than they are today, the model indi- posal, and then more up front work once the con- you can almost see the blades of grass! cates. tract has been signed. This usually involves Every time a US Census is performed, the “If we maintain our current course of fossil some preliminary fact finding about the site in Census department updates their road centerline fuel emissions or accelerate our emissions, the question perhaps including: inventory. This centerline data is the base infor- land and oceans will not be able to slow the rise ¥ Deed Research at the County Building mation for most online driving directions ser- of carbon dioxide in the atmosphere the way ¥ Historical Aerial Photography in State or Local vices, and it is available for download for free. they’re doing now,” said Inez Fung at the Archives You can use this data to further enhance your University of California, Berkeley. ¥ Tax Map or Parcel Research through bulky and basemap by showing all of the roads in the area Fung is director of the Berkeley Atmospheric infrequently updated map books surrounding your site, including their road names Sciences Center, co-director of the new Berkeley ¥ Flood Map Research from Paper Flood Maps and addressing information. Institute of the Environment, and professor of ¥ Wetlands Investigations through expensive Many counties offer tax parcel information in earth and planetary science and of environmental onsite studies GIS form. Sometimes this data is free, other science, policy and management. ¥ Soil Investigations from onsite work or books times the county requires a nominal fee. Once mate model results that appears this week in of soil surveys you import this parcel information, you now can the Early Online Edition of the Proceedings of ¥ Archaeological Investigations and Historical see all of the lots surrounding your site without the National academy of Sciences (PNAS). Research from consultants ever having to leave your desk to do deed or plat She was a member of the National Academy ¥ Road Centerlines from Surveys, Map Research, research. This data does not take the place of a of Sciences panel on global climate change that DOT Contract research thorough survey, but it does give you a great start issued a major report for President Bush in 2001 Gathering this information takes up valuable during the preliminary stages of the project. claiming, for the first time, that global warming billable time, vehicle expenses, copying fees, There is an unbelievable amount of data out exists and that humans are contributing to it. and headaches. Delays or omissions when gath- there, this is just the beginning. I’ve included a “It’s all about rates,” Fung said Thursday. “If ering this information can be costly- you could list of weblinks below to help you begin to build the rate of fossil fuel emissions is too high, the lose out on the contract, or worse- miss some- you basemap and streamline your fact-finding carbon storage capacity of the land and oceans thing important that causes a significant change ventures. decreases and climate warming accelerates.” in project scope- such as not catching a potential If you would like to learn more about the Currently, the land and oceans absorb about 404 Wetland or Historical Preservation site. specifics of integrating GIS data stay tuned to half of the carbon dioxide produced by human Many environmental professionals do not real- this newsletter for more in my series “Integrating activity, most of it resulting from the burning of ize that they can get much of this data for no CAD and GIS Data for Environmental fossil fuels, Fung said. Some scientists have sug- charge without leaving the office. Professionals”. Also, please feel free to email gested that the land and oceans will continue to When you have software such as Autodesk me any time with comments, questions or topic absorb more and more CO2 as fossil fuel emis- Map, or other software that reads these types of suggestions: [email protected]. sions increase, making plants flourish and the files, you can build a thorough basemap that List of Websites where you can find data men- oceans bloom. includes all of the above information and more to tioned above: (Environment News Service Ð (8/5/05) give you a good preliminary idea of what is Pennsylvania Spatial Data Accesshttp://wiz.pasda.psu.edu/uci/ going on at your site. Many environmental pro- ALL WORLD’S GLACIERS COULD fessionals already have this software in their PA Basemap data offices but are unaware of how valuable it is. Delaware DataMIL MELT, LATEST SCIENTIFIC DATA Even if you do not have such software yet, you http://datamil.delaware.gov/ INDICATES can still use some of these websites to view and DE Basemap data Global warming caused by human activities explore the location of your project. USGS Seamless Data may result in the complete disappearance of Better yet, once you build this basemap for a Sitehttp://seamless.usgs.gov/ glaciers from entire mountain ranges, according certain area (let’s say the State of Delaware) you High Res Infrareds and more to the latest update of a United Nations support- can use it for every project that comes your way US Census Road Centerline Files ed report issued once every five years. The within that geographic area. (TIGER)http://www.census.gov/geo/www/tiger/ World Glacier Monitoring Service warns that the In Delaware, GIS data is indexed at the index.html greenhouse effect is leading to processes “with- Delaware DataMIL. The DataMIL’s Metadata All US Road Centerlines out precedent in the history of the Earth.” Explorer is analogous to a library card catalog. Federal Gov’t Data “The last five-year period of the 20th century You run a search using key words, geographic http://www.geodata.gov/gos has been characterized by an overall tendency of location or and the DataMIL then lists all of the Clearinghouse for Wetlands Inventories, etc. continuous if not accelerated glacier melting,” GIS data available that match your criteria. Dana Breig Probert has a degree in Civil says the World Glacier Monitoring Service 1995- Some examples of what we find here for Kent Engineering from Georgia Tech and seven years 2000 edition of the Fluctuations of Glaciers County, Delaware include: Municipal experience in the Land Development and report, complied with the support of the UN. Boundaries, Watershed Boundaries, Hundred Environmental fields. She is a CAD Environmental Programme (UNEP). (Township) Boundaries, Soil Maps, Management specialist with CADapult, Ltd. in “The two decades [from] 1980-2000 show a Groundwater Recharge Areas, etc. Most, if not Newark, DE. You can reach Dana at trend of increasingly negative balances with all, of this data is publicly available at no charge, [email protected] or on her website at average annual ice thickness losses of a few georeferenced and ready for import into http://www.cadapult.net/danascorner.htm decimeters,” the report adds. “The observed Page 10 The RT Review TECHNOLOGY UPDATES (Continued) trend of increasingly negative mass balances is The World Glacier Monitoring Service is proceedings from the 2000 and 2003 consistent with accelerated global warming.” online at: http://www.geo.unizh.ch/wgms/ Phytoremediation Conferences along with the Analysis of repeated inventories shows that (Environment News Service Ð (8/5/05) 2004 Alternative Landfills Cover Conference. glaciers in the European Alps have lost more than (Tech Direct Ð 8/1/05) 50 percent of their volume since the middle of the NEW DOCUMENTS AND ONLINE 19th century, and that a further loss of roughly RESOURCES ARMY SMALL ARMS TRAINING one fourth the remaining volume is estimated to Site Characterization Library Version 3.0 RANGE ENVIRONMENTAL BEST have occurred since the 1970s, the report states. (DVD—EPA 542-C- 05-001; CD EPA 542-C-05- MANAGEMENT PRACTICES “With a realistic scenario of future atmospher- 002). This electronic library provides a central- (BMP) MANUAL ic warming, almost complete deglaciation of ized, field-portable source of site characteriza- The U.S. Army Aberdeen Test Center’s (ATC) many mountain ranges could occur within tion information. The library includes 400 docu- Military Environmental METDC) has developed decades, leaving only some ice on the very high- ments, 80 web links, 54 software programs, and an operational small arms range environmental est peaks,” it says. 11 audio-visual files. It includes existing pub- best management practices (BMP) manual for While earlier reports anticipated a periodic licly-available software, published guidance, the U.S. Army Environmental Center (USAEC) variation in glaciers, “there is definitely no more journal articles; reports, internet web sites, video under the Advanced Range Design Program question of the originally envisaged “variations clips, and other information relating to site char- (DTC Project No. 9-CO-160-000-504), a part of périodiques des glaciers” as a natural cyclical acterization; obtaining representative samples USAEC’s Sustainable Range Technology phenomenon, the latest report states. from heterogeneous media; developing concep- Program. There are many existing regulatory “Due to the human impacts on the climate sys- tual site models; managing uncertainty in envi- issues that must be considered when operating tem (enhanced greenhouse effect), dramatic sce- ronmental decision making; illustrating sam- and maintaining a small arms firing range, and narios of future developments Ð including com- pling, analytical, data management, and data pre- this manual will be used by Army installations plete deglaciation of entire mountain ranges Ð sentation methodologies; and illustrating innova- when conducting an internal screening-level must be taken into consideration,” it emphasizes. tive site characterization technologies (June assessment of potential environmental concerns The report says, “Such scenarios may lead far 2005). Copies can be ordered from NSCEP at associated with routine training activities at oper- beyond the range of historical/Holocene variabil- (800) 490-9198 or (513) 489-8190 or fax to (513) ational small arms firing range. In addition, this ity and most likely introduce processes without 489-8695. Please note that it is available in manual serves as guidance on how to address or precedence in the history of the Earth.” TWO (2) different formats. Please specify either mitigate identified areas of concern capable of The scientific opinion on climate change, as the DVD or the CD format. being addressed through relatively simple expressed by the UN Intergovernmental Panel on Proceedings for the 2005 International changes in the way the range is operated and Climate Change (IPCC) and endorsed by the Phytotechnologies Conference are now avail- maintained, or by personnel for use in maintain- national science academies of the G8 nations, is able! This conference was organized by the ing the long-term sustainability of their opera- that the average global temperature has risen Environmental Protection Agency and answered tional small-arms ranges and range areas. This 0.6±0.2¼C since the late 19th century, and that the persistent questions of what contaminants can document aims to illustrate the ability to proac- “most of the warming observed over the last 50 plants clean, how long will it take, and how much tively improve both the environmental conditions years is attributable to human activities.” money can be saved over conventional technolo- of a range and the range’s mission of troop train- Greenhouse gases emitted by the combustion gies. Fourteen different sessions were held, with ing and readiness. of coal, oil and gas form an atmospheric blanket, representation from 24 different countries. To Currently the manual is under review and will trapping the Sun’s heat close to the planet and view the proceedings, see http://clu-in.org/phyto- be released in the fall of 2005. raising the surface temperature. conf/agenda.cfm. Also on this website are the (Fielding Environment Solutions Ð 7/25/05)

DISCARDED EQUIPMENT CONTAINING MERCURY DOT EXPANDS SCOPE OF HAZARDOUS NOW MANAGED AS UNIVERSAL WASTE MATERIALS REGULATIONS A final rule that classifies mercury-containing equipment as universal Persons who offer hazard hazardous materials for transportation must waste will help eliminate mercury in the environment and encourage mer- properly classify, package, mark, label, placard, and prepare shipping papers cury recovery and improved, safe management of mercury waste. for their shipments. Moreover, they are subject to training and hazardous Previously, unregulated households and some small businesses were not material security requirements. required to manage used mercury containing equipment as a hazardous DOT has adopted a definition for “person who offers or offeror” which waste, resulting in some mercury waste getting thrown in the trash. Under has clarified the scope of the regulations applicable to shippers of hazardous this rule, used mercury-containing equipment will be readily collected for materials. The definition, published in the July 28 Federal Register (HM- recycling or disposal at a properly permitted facility. 223A) codifies DOT’s earlier interpretations and administrative determina- Mercury-containing equipment includes various types of instruments that tions on the applicability of the hazardous material regulations. are commonly used in industry, hospitals and households, such as ther- Under the rule, which becomes effective on October 1, 2005, “person who mometers, barometers and mercury switches. Other items already managed offers or offeror” to mean any person who performs or is responsible for per- as universal waste include batteries, thermostats and fluorescent lamps. forming any pre-transportation function required by the DOT Hazardous Materials Regulations or who tenders or makes the hazardous material avail- This final rule imposes management standards similar to those for univer- able to a carrier for transportation in commerce. sal waste thermostats because of similarities in the waste streams. Under the The rule points out that the carrier is not an offeror when it performs a system, recordkeeping, storage and transportation requirements for genera- function as a condition of accepting a hazardous material for transportation tors of waste, collectors, and transporters are reduced to encourage local in commerce or when it transfers a hazardous material to another carrier for governments, communities, and retailers to set up collection programs that continued transportation without performing a pre-transportation function. will pull these wastes out of municipal trash and into the hazardous waste The final rule states that there can be more than one offeror of a hazardous system. Stringent federal hazardous waste management requirements for material and that each offeror is responsible for only for the specific pre- final disposal or recycling remain unchanged. EPA estimates that about transportation functions that it performs or is required to perform. Each 1,900 generators handling approximately 550 tons of mercury-containing offeror or carrier can rely only on information provided by a previous offer- equipment annually will be affected by this rule. or or carrier unless the offeror or carrier knows or, a reasonable person For more information on the rule, go to: acting in the circumstances and exercising reasonable care, would have http://www.epa.gov/epaoswer/hazwaste/recycle/electron/crt.htm. knowledge that the information provided is incorrect. (EPA News Ð 8/1/05) (Environmental Tip of the Week Ð 8/1/05) Page 11 Vol. 13, No. 3, October 2005 FEDERAL REGULATORY UPDATES EPA REVISES RCRA TEST METHODS CCA TREATED WOOD MULCH FEDERAL UPDATES In the June 14 Federal Register, EPA revised CLASSIFIED AS HAZARDOUS WASTE ¥ PCB Reg Changes, Pg. 2 testing and monitoring requirements in the EPA issued a clarification memo that indicates ¥ Mercury/Universal Waste, Pg. 11 Resource Conservation and Recovery Act that wood mulch produced from CCA-treated ¥ DOT/Hazmat Reg. Expansion, Pg. 11 (RCRA) hazardous and non-hazardous solid wood is not exempt from regulation as hazardous ¥ CCA Treated Wood Hazwaste, Pg. 12 waste regulations as well as for certain Clean Air waste under 40 CFR 261.4(b)(9). This is because ¥ EPA & TCE Levels, Pg. 14 Act (CAA) regulations that relate to hazardous the intended end uses of the CCA-treated wood ¥ Lowry Cleanup/Asbestos Study, Pg. 15 waste combustors. These amendments allow products are as building materials, not for manu- ¥ EPA Diesel Engine Standards, Pg. 16 more flexibility when conducting RCRA-related facturing mulch. sampling and analysis by removing from the reg- For example, CCA-treated wood waste generated immediate en banc review but also because DOJ’s ulations a requirement to use the methods found during construction using CCA-treated wood, is brief explicitly calls for the court to overturn its in “Test Methods for Evaluating Solid Waste, generated by persons using the wood for its long-standing precedent in U.S. v. Rohm and physical/Chemical Methods,” also known as intended end use, and therefore would not be reg- Haas Co. barring the government from recovering “SW-846,” in conducting various testing and ulated as hazardous waste under this exemption oversight costs. monitoring and by limiting required uses of an (unless of course this wood waste is then used to Industry is “afraid they’re ready to take a fresh SW-846 method to circumstances where the produce mulch). In contrast, persons who shred look” at the precedent, one industry source says, methods is the only one capable of measuring the or chip waste CCA-treated lumber into wood and “the government has been gunning to over- particular (i.e., the method is used to measure a mulch for uses such as in landscaping applica- turn Rohm and Haas for years.” required method-defined parameter). According tions are not using the treated wood for its intend- In its 1993 decision in Rohm and Haas Co., the to EPA, these changes should make it easier and ed end use. Therefore, the exemption at 3rd Circuit barred the government from using the more cost effective to comply with the affected 261.4(b)(9) does not exempt wood mulch pro- Superfund statute to recover oversight costs at duced from discarded CCA-treated wood. regulations, without compromising human health polluter-conducted Superfund removals since (Env. Tip of the Week Ð 6/27/05) or environmental protection. there is no explicit mention in the Superfund In these revisions to SW-846, EPA is: statute of government authority to recover the ¥ Reforming RCRA-related testing and moni- NEW INDUSTRIAL STARTUP, costs. But DOJ is arguing in this case, U.S. v. DuPont toring by restricting requirements to use SW-846 SHUTDOWN AND MALFUCTIONS REQUIREMENTS and Ciba Specialty Chemicals Corp., that the to only those situations where the method is the Rohm and Haas decision did not explicitly con- Through proposed regulatory clarifications, only one capable of measuring the property (i.e., sider whether the government could recover over- EPA announced that affected industries must min- it is used to measure a method-defined parame- sight costs at remedial action sites, and only imize emissions during their facilities’ startup and ter). This will allow more flexibility in RCRA- addressed removal sites. It also argues that the shutdown, or at times when equipment is mal- related sampling and analysis by removing court’s previous decisions rejecting oversight cost functioning. The proposed clarifications would unnecessary required uses of SW-846. suits at removals should be overturned, noting it amend a rule known as the “General Provisions.” ¥ Withdrawing the cyanide and sulfide reactiv- conflicts with numerous appellate court rulings ity guidance from sections 7.3.3 and 7.3.4 of SW- The General Provisions require facilities devel- that reject the 3rd Circuit’s reasoning. 846 and withdrawing required uses of reactive op a startup, shutdown, and malfunction (SSM) In the DuPont case, DOJ is seeking to recover cyanide and sulfide methods and threshold levels plan. An SSM plan describes how a source will roughly $747,000 in removal oversight costs and from conditional delisting. operate to minimize emissions during periods of almost $649,000 in remedial action oversight ¥ Amending the regulations for the ignitability startup, shutdown, and malfunction. Providing costs related to a cleanup the company conducted and corrosivity hazardous waste characteristics: they minimize emissions at all times, the pro- at the Newport, DE, Superfund site. DuPont As part of this, EPA is clarifying in 40 CFR posed amendments would allow a facility to alter spent $35 million over a decade to cleanup the 261.22(a)(2) that SW-846 Method 1110A, the plan on a limited basis. 120-acre industrial site, which is contaminated “Corrosivity Toward Steel,” is the “standardized” Facilities must maintain these plans on site and with a variety of heavy metals and hazardous (as described in 40 CFR 261.22(a)(2)) SW-846 must report to their state or local permitting chemicals, according to the industry brief and method that is required to be used to determine authorities that they have complied with the EPA documents. The company conducted the the characteristic of corrosivity for steel. EPA is plans. EPA will accept comment on this proposal cleanup after EPA issued in 1994 a unilateral also removing the reference to equivalency peti- for 45 days after it is published in the Federal administrative order (UAO), or an order com- tions in the ignitability characteristic at 40 CFR Register. pelling a company to conduct cleanup, after nego- (Env. Tip of the Week Ð 7/12/05) 261.21(a)(1). However, regarding the methods tiations to agree to a consent order fell through. required for the determination of flash point The UAO did not address oversight costs. under the characteristic of ignitability, the Agency DOJ APPEAL AIMS TO OVERTURN But the U.S. District Court for the District of decided not to replace the standard test methods KEY RULING ON SUPERFUND Delaware rejected DOJ’s effort to recover reme- ASTM D 3278-78 and D 93-79 with the latest dial action oversight costs, saying the Superfund OVERSIGHT COSTS statute lacks a clear statement of congressional versions of those methods. The Justice Department (DOJ) is seeking to ¥ Incorporating by reference Update IIIB to intent to allow the government to recover over- overturn a key appellate circuit ruling preventing sight costs at remedial action sites just as it lacks SW-846, which includes the revised Chapter the government from recovering EPA oversight Seven, and eleven revised methods, including that statement for removals. It also declined to costs at Superfund cleanups conducted by private overturn Rohm and Haas as part of DOJ’s effort method revisions to remove a requirement to use parties. If successful, DOJ’s efforts could set the to recover removal oversight costs. the SW-846 Chapter Nine, “Sampling Plan.” stage for regulators to recover tens of millions of Legal arguments in the case focus on ¥ Adding Method 25A as an analytical option to dollars in oversight costs in states with the largest Superfund section 104(a)(1), which discusses the analyses conducted in support of air emission number of Superfund sites, including New Jersey conditions for conducting oversight of remedial standards for process vents and/or equipment and Pennsylvania. investigations and feasibility studies (RI/FS), and leaks at treatment, storage, and disposal facilities. Industry officials, who filed a brief opposing section 111(c)(8), which addresses the govern- ¥ Removing a requirement to demonstrate that the DOJ effort, fear the government’s push may ment’s ability to use the Superfund trust fund to feedstream analytes are not present at levels succeed after the U.S. Court of Appeals for the pay for oversight of RI/FSs and oversight of above the 80% upper confidence limit above the 3rd Circuit earlier this year granted the govern- remedial actions resulting from consent orders or mean for sources subject to NESHAP: Final ment’s unusual request to hear the case before all settlement agreements. An RI/FS is a document Standards for Hazardous Waste Combustors. judges in the circuit, rather than following the detailing a study of a Superfund site and its cont- ¥ Removing from the regulations unnecessary usual process of having a three-judge panel first amination that is used to design the site’s cleanup references to SW-846, which do not affect the review the case. plan. intent of the RCRA regulation. One industry source says the court’s decision is In a July 1 brief responding to DOJ’s appeal, (Env. Tip of the Week Ð 6/17/05) unusual not only because the justices agreed to an DuPont and Ciba Specialty Chemicals Corp. say Page 12 The RT Review

FEDERAL REGULATORY UPDATES (CONTINUED) there is no basis for the 3rd Circuit to overturn removal and remedial actions generally.” The Oklahoma case also follows recent rulings Rohm and Haas because the Superfund statute (Superfund Report Ð 7/18/05) in two key citizen suits that have accepted the does not meet a test established in a 1974 principle that some agricultural producers may be Supreme Court ruling in National Cable ASARCO BANKRUPTCY RAISES liable to report releases under CERCLA require- Television Association v. U.S. requiring Congress CONCERNS OVER FUTURE ments. to clearly state its intent to impose fees on regu- CLEANUP COSTS Oklahoma Attorney General Drew Edmondson lated industry. The 3rd Circuit relied on that rul- (D) on June 13 filed a suit in the U.S. District ASARCO’s recent filing for bankruptcy pro- ing to reject previous government efforts to Court for the Northern District of Oklahoma tection is raising questions over who will pay an recover oversight costs. against Tyson Foods and 13 other poultry grow- estimated $1 billion to clean up the approximate- ers, charging that animal wastes generated at But DOJ is arguing that the 1993 ruling should ly 90 contaminated sites the company says it is CAFOs in the state and used as fertilizer through- be overturned, with the 5th, 8th and 10th circuits responsible for nationwide. out the Illinois River Watershed (IRW) trigger having ruled in the government’s favor in cases EPA, state officials and environmentalists are Superfund cleanup and NRD liability. “These interpreting the government’s authority to recov- concerned the bankruptcy will force increased ‘poultry growing operations’ results in the gener- er oversight costs at private cleanups. Those payments from taxpayers. The company’s bank- ation of hundreds of thousands of tons of poultry decisions rejected the 3rd Circuit’s reasoning that ruptcy could also force increased payments from waste for which the poultry integrator defendants Congress did not clearly state its intent to allow other liable parties at multi-party sites where the are legally responsible,” the compliant states. “It oversight cost recovery, saying the National company is liable because of the Superfund law’s has been, and continues to be, the poultry integra- Cable ruling addressed user fees imposed on strict joint and several liability scheme. tor defendants’ practice to store and dispose of industry in order to do business, while Superfund While the mining and smelting company was this waste on the lands within the IRW Ð a prac- “response costs are neither fees nor taxes, but forced by the Department of Justice (DOJ) in tice that has caused injury to the IRW, including rather, payments by liable parties in the nature of 2003 to establish a $100 million trust fund to the biota, lands, waters and sediments therein.” restitution for which they are responsible,” address its cleanup liabilities, EPA, state officials The suit also asserts NRD claims for contami- according to the 5th Circuit’s 1997 decision in and environmentalists say that amount is insuffi- nation from the CAFOs, which one industry attor- U.S. v. Lowe. cient to address its total cleanup obligations, esti- ney says is unprecedented. “It’s the first time I’ve “Since Rohm and Haas was decided, two mated by some to be over $1 billion. Already, seen that ... theory applied to any livestock oper- federal courts of appeals have rejected the appli- cleanup at an ASARCO site in Washington has ations,” the source says. State, tribal and federal cation of the National Cable clear statement rule stalled due to funding uncertainties, according to trustees are allowed under state and federal laws to determining whether the government may media reports. to seek the costly and controversial damages to recover costs of overseeing private party pollu- ASARCO, a subsidiary of Grupo Mexico SA, tion cleanups, another appeals court has called the compensate the general public for the loss of filed for Chapter 11 bankruptcy protection Aug. 9 resource use resulting from releases of hazardous application of National Cable to [Superfund] at the U.S. Bankruptcy Court in Corpus Christi, oversight costs in question, and a fourth has substances. TX, citing its existing environmental cleanup lia- One of the CAFO attorneys not involved in the rejected its application in analogous circum- bilities and future litigation expected by the fed- stances,” DOJ’s brief says. suit says Oklahoma’s complaint raises questions eral government, municipalities and private par- over whether chemicals in animal waste are con- The government is also arguing that because ties. sidered hazardous under CERCLA. For example, the Rohm and Haas decision refers to oversight In an Aug. 10 statement, the company’s while phosphorous is considered hazardous under costs for Superfund removals, or short-term President and CEO Daniel Tellechea said a num- Superfund, animal waste may contain a form of cleanups often conducted on an emergency basis, ber of factors contributed to the voluntarily filing, the chemical Ð phosphates Ð that is less haz- it does not apply to its effort to recover remedial including its involvement in numerous lawsuits ardous. “That’s at the heart of the issue,” the action oversight costs related to the DuPont with the federal government, state environmental source says. cleanup because EPA is seeking to recover over- agencies and private entities “as a result of the In a very similar case, the U.S. District Court sight costs for a remedial action, or a long-term company’s lead, zinc, cadmium, arsenic and cop- for the Northern District of Oklahoma ruled in site cleanup. per mining, smelting and refining operations over 2003 in The City of Tulsa v. Tyson Foods that the “Rohm and Haas did not consider whether the the last 106 years.” The release also noted there alternate form of phosphate in animal waste is definition of ‘remedial action’ contained a clear are approximately 95,000 asbestos-related per- considered hazardous under CERCLA. However, statement allowing the government to recover sonal injury claims pending against ASARCO, the ruling was later vacated under a settlement costs of overseeing responsible party remedial and the company has been involved in a protract- agreement and thus cannot be cited as a prece- action activities,” DOJ says. Moreover, DOJ ed dispute with striking mine workers as well. dent, the source says. says, such a conclusion would conflict with three The company intends to use the protection to other appellate courts, which for varying reasons In addition, industry sources say the use of ani- reorganize, according to the statement. have ruled that remedial action oversight costs are mal wastes as fertilizer may qualify for an exemp- (Superfund Report Ð 8/15/05) recoverable. Two of the three courts said the lan- tion in section 101(22)(D) of CERCLA, which guage in Superfund was explicit enough to meet exempts the “normal application of fertilizer” from the definition of hazardous release. But the the National Cable test requiring a clear state- COURTS FACE KEY TEST ON SCOPE ment, the brief says. scope of that exemption is unclear. The issue was In their brief, the companies say Congress OF SUPERFUND LIABILITY FOR raised in the vacated City of Tulsa ruling, but was clearly indicated in the original Superfund legis- CAFO WASTES never addressed by the court. lation, as well as 1986 amendments to the law, In separate groundbreaking lawsuits, federal However, both issues are central to another that oversight costs could not be recovered in the courts in Texas and Oklahoma are facing key lawsuit proceeding in the U.S. District Court for situations DOJ says they are available. “Not only decisions on whether Superfund cleanup and nat- the Western District of Texas. In that case, The is there no mention of ‘oversight’ in the text of the ural resource damage (NRD) liability apply to City of Waco v. Dennis Schouten, Waco is also original [Superfund] statute, and in particular in animal wastes generated by concentrated animal making CERCLA claims over CAFO wastes from feeding operations (CAFOs). the definitions of ‘removal’ and ‘remedial action,’ dairy farms. An attorney for the defendants says but the omission took on even greater signifi- The litigation, which includes a suit filed by the the case has its “genesis” in the Tulsa case, and cance in 1986, when Congress amended state of Oklahoma against several major poultry the dairies are raising similar defenses. “We con- [Superfund] expressly to permit recovery of over- producers, comes as members of Congress and tend the fertilizer exemption applies, [and that sight expenses in limited circumstances not industry are increasingly raising concerns about phosphates in the animal wastes] are not listed applicable here,” the companies say. “Those the application of Superfund law Ð known as the hazardous substances but naturally occurring amendments demonstrate that when Congress Comprehensive Environmental Response, chemicals.” wishes to authorize the agency to seek reimburse- Compensation & Liability Act (CERCLA) Ð to The case is currently in the discovery phase ment for oversight, it knows how to do so. As this agricultural operations. “CERCLA was not and is expected to go to trial next year, says an court correctly concluded in Rohm and Haas, drawn up with this in mind,” says one industry attorney for the city of Waco. Congress has provided no such authorization for attorney. EPA is currently establishing an enforcement Page 13 Vol. 13, No. 3, October 2005

FEDERAL REGULATORY UPDATES (CONTINUED) agreement that would temporarily exempt partic- expansively…This administration is generally the 1980s. The assessment also concluded the ipating CAFOs from the reporting requirements hostile to the idea of FOIA. They say FOIA pregnant women and children are more are more in exchange for funding a study of the emissions. requires government to expose too much of the susceptible to TCE. However, environmentalists filed suit against the deliberative process and want to see it contained. In the letter, the lawmakers stress the need for deal earlier this month in the U.S. Court of An attorney in the 2nd Circuit case says the an interim standard to address vapor intrusion. Appeals for the District of Columbia Circuit, and plaintiffs are pleased with the ruling, but the “Most immediately, vapor exposure investiga- many facilities appear hesitant to sign up, in part administration could seek a further review by tions should use sampling technologies designed because they are concerned the agreement may either asking for a three-judge panel or the full to detect TCE down to those provisional levels,” not protect them from future citizen suits. circuit to reconsider the ruling. The issue could the letter states. In addition, Sen. Larry Craig (R-ID) last year also be eventually taken to the Supreme Court, At the same time, EPA project managers, proposed amending CERCLA to exclude CAFOs the source says. industry officials and activists are also calling for from the reporting requirements, and environ- (Defense Environment Alert Ð 6/28/05) an interim screening or action level, although they mentalists expect the amendment to come up disagree about what that should be. Numerous again this Congress. EPA UNLIKELY TO SET INTERIM TCE sources say the standard would give regulators A spokesman for Senate Environment & Public LEVEL DESPITE LAWMAKER, STAFF and responsible parties a better idea of when Works Committee Chairman James Inhofe (R- URGING cleanup is necessary and how much remediation OK) Ð the former major of Tulsa Ð says the sena- would be required. EPA is unlikely to set an interim cleanup stan- tor is closely following the state’s lawsuit against An EPA source says regional program man- dard for trichloroethylene (TCE) Ð a solvent the poultry companies and hopes a settlement can agers argue that without a standard in place for found at numerous defense and industrial facili- be reached. The spokesman declined to comment TCE, it is more difficult to make remediation ties nationwide Ð until it receives the results of a further on whether the senator would support decisions. Because there is no formal policy on scientific study on the contaminant, despite pres- amending the Superfund law regarding its appli- determining risk, different regions, are taking sure from a bipartisan coalition of House law- cation to agricultural operations. their own approaches, the source says. For exam- makers and regional EPA staff to do so, sources (Superfund Report Ð 6/20/05) ple, Region VIII decides what actions to take by say. examining both an earlier 1989 standard and the A bipartisan group of House lawmakers sent a 2001 screening level as the high and low ranges CIRCUIT COURT REJECTS June 24 letter to EPA Administrator Steve for risk, making a decision on what action to take ADMINISTRATION CLAIMS Johnson urging the agency to develop interim based on the likely future use of the land. ABOUT FOIA EXEMPTIONS TCE screening levels in what is the latest salvo in (Defense Environment Alert Ð 7/12/05) A federal circuit court has rejected the Bush an ongoing dispute over the status of an agency administration’s argument for denying public standard for the ubiquitous chemical. The agency access to internal policy memos, in a case that has been under fire from state officials and SENATE PASSES LEGISLATION environmentalists say could have a chilling effect activists who believe EPA’s recent decision to RENEWING OIL SPILL ‘POLLUTER on efforts by EPA and other federal agencies to have the National Academy of Sciences (NAS) PAYS’ TAX restrict access to documents under the delibera- review the standard presents an unnecessary With industry backing, Senate lawmakers are tive process provision of the Freedom of delay (Defense Environment Alert, Jan. 11, p8). working to renew a tax on oil companies to pro- Information Act (FOIA). In the June letter, the lawmakers, including vide more funding in the face of a rapidly deplet- The U.S. Court of Appeals for the 2nd Circuit Reps. Susan Kelly (R-NY) and Frank Pallone (D- ing trust fund used to cleanup oil spills. ruled that Department of Justice’s Office of Legal NJ), argue that the agency should use provisional Lawmakers, led by Sen. Ted Stevens (R-AK), Counsel was not entitled to shield an internal screening levels based on a 2001 human health recently placed language in the Senate’s compre- memo because it based immigration policy on the risk assessment until a final standard is devel- hensive energy bill that would renew a 5- cent- memo. While the ruling has no direct bearing on oped. “We strongly urge EPA to adopt a protec- per-barrel tax that expired in 1994 on domestic EPA, sources say the broader implications could tive ‘interim’ approach,” the letter states. and foreign oil. The tax is used to supply the Oil affect overall agency operations in handling inter- However, an agency source says it appears Spill Liability Trust Fund, which supplements nal information. EPA headquarters will not promulgate an interim responsible parties’ cleanup costs. The circuit court in National Council of La standard because it wants to wait for the results of Under the Oil Pollution Act (OPA), the fund is Raza, et al. v. Department of Justice rejected the the NAS study, the source says. The study began used when companies reach statutorily-mandated Bush administration’s request to adopt a “bright- in September 2004 and will last for 18 months, liability caps and when there is no viable compa- line test” for when documents must be publicly according to NAS. ny to pay cleanup costs. But in recent years, the released. The administration asked the court to The purpose of the study is to “identify and trust fund has decreased and, according to narrow public access to documents that are assess the key scientific issues relevant to analyz- Stevens, will be fully depleted in 2009. There explicitly used or incorporated in policy deci- ing the human health risks” of TCE, according to was $842 million left in the fund as of the end of sions. But the court found that “such a test is the project scope. Specifically, NAS “will give fiscal year 2004, Stevens said in a June 9 floor inappropriate because courts must examine all the consideration to pertinent toxicological, epidemi- statement on his stand-alone bill on which the relevant facts and circumstances in determining ological, population susceptibility, and other amendment is based. whether express adoption or incorporation by ref- available information” in determining what fac- The language not only renews the tax, but erence has occurred.” tors should be considered in developing a risk increases the cap on the trust fund. The fund was The ruling follows a recent decision by the assessment for the compound. originally capped at $1 billion, but the new lan- D.C. Circuit rejecting environmentalists’ argu- The chemical, which is used as a solvent in guage would require that industry pay the tax ments in a similar disclosure case over whether a cleaning metal aircraft parts, electronics and other until the fund reaches a total of $3 billion. The related law, the Federal Advisory Committee Act machinery, has been linked to birth defects and House Joint Committee on Taxation reports that (FACA), applied to Vice President Cheney’s childhood cancer and is found at hundreds of fed- the change would raise over $2.5 billion in addi- National Energy Policy Development Group eral facilities and Superfund sites. The chemical tional revenue from 2005-2010. (NEPDG). The government successfully argued is often an issue at sites with so-called vapor During the June 9 statement on S.1222, the bill that it was exempt because the task force was intrusion, which occurs when contaminants enter on which the amendment is based, Stevens argued comprised solely of government employees. dwellings from underground soil and water cont- that renewing the tax “was the only viable option Environmental groups had argued that energy amination. to maintain the Fund’s solvency….”According to industry officials met so often with the task force EPA completed a draft TCE risk assessment in Steven’s statement, the fund acts in a similar way Ð and had such influence Ð they became de facto August 2001. The assessment calls for cancer to Superfund’s “polluter pays” principle, requir- members and as such, FACA applied to the task slope factors predicting a risk between 4x10-1 to ing “the responsible party to pay back into the force. An environmental law expert at 2x10-2 per milligram of kilogram body weight Fund all costs and damages related to a spill.” Georgetown University calls the 2nd Circuit’s per day. Slope factors refer to the potency of a The oil industry supports the proposal, arguing decision important because “it is a blow to the carcinogen. The assessment is up to 20 times that, as opposed to the expired Superfund tax, oil administration’s efforts to use Exemption 5 more stringent than EPA’s previous estimate set in companies are the only ones responsible for the Page 14 The RT Review

FEDERAL REGULATORY UPDATES (CONTINUED) spills and should pay a tax to address cleanup Baughman said in a March 31 letter to the Air if the source operated continuously at full capaci- costs for which they are liable. But industry Force. ty as newly permitted. NSR applied under this wants provisions in the law that would require The state refused to allow the Air Force to pay “actual-to-potential” test if the difference exceed- more transparency to how the funds are applied. directly for the asbestos assessment oversight ed a tons-per-year threshold of significance Oil industry officials believe the fund is being costs, which would have permitted that to go for- (established at different levels depending upon depleted more quickly than in the past and want ward while the dispute was being resolved, the the given pollutant and regional air quality). The to know why, sources say. But one source says Air Force spokesperson says. The spokesperson, New York v. EPA court endorsed a change to an decreased interests rates and an increased amount however, says the Air Force is continuing to con- “actual-to-projected future actual” test that would of orphan sites may be to blame for the depletion. duct environmental projects, including negotia- be less likely to trigger NSR. The court also (Superfund Report Ð 7/4/05) tions with the local redevelopment authority to affirmed the use of plantwide applicability limits privatize most of the remaining cleanup. (PALs) to net out emissions increases and DISPUTE OVER LOWRY CLEANUP The two sides are embroiled in a bitter fight decreases, and a long “look-back” to establish a OVERSIGHT COSTS DELAYS over the cost reimbursement issue, as shown by a high baseline emission. However, the court flurry of correspondence between the Air Force remanded the rule’s exemptions for “clean units” ASBESTOS STUDY and the state this spring. At issue in the dispute is that already meet stringent air pollution standards A dispute over the costs Colorado officials are whether certain costs are eligible for reimburse- and for pollution control projects that result in a charging the military for cleanup oversight of a ment by the Air Force to CDPHE under the pact significant net increase in emissions of some air BRAC base, which could embroil Gov. Bill Owen known as the Defense-State Memorandum of pollutant. (R) and the Air Force’s acting secretary, is delay- Agreement (DSMOA) program. Under DSMOA, ing work on a controversial asbestos risk assess- On a whole, the opinion fundamentally allows the military services reimbursement state regula- EPA’s NSR reform initiative to move forward, ment the service wants to use as a national model tors for their oversight costs related to military for asbestos cleanups, sources say. although on a somewhat narrower scope than its cleanups. Bush Administration sponsors had been contem- The disagreement over cost reimbursements The Air Force has for months withheld full has halted oversight of Air Force-related work at plating, and of course with several significant payment of the reimbursement claims submitted questions still left unresolved. Juxtaposed with the non-privatized portions of the former Lowry by Colorado, alleging the state had not supplied Air Force Base, in particular completion of a risk the almost contemporaneous decision of another sufficient documentation to determine whether court of appeals in an NSR enforcement case, assessment for asbestos in soil the Air Force the state’s activities were eligible DSMOA funds, wants to use as a national tool, according to state United States v. Duke Energy Corp., No. 01-1763 according to correspondence from the Air Force. (4th Cir. June 15, 2005), New York v. EPA may and Air Force sources. The asbestos issue at The Air Force has authorized payment of around Lowry has drawn national attention because no actually confuse the state of NSR. Duke Energy 63 percent of CDPHE charges covering July- implicitly rejects the statutory interpretation EPA standard for asbestos in soil exists and mili- December 2004, according to the Air Force tary and state officials believe asbestos-contami- underlying either the actual-to-potential or actual- spokesperson. to-projected future actual tests. Duke Energy nated soil could arise as a problem at other clos- (Defense Environment Alert Ð 8/9/05) ing military bases. appears to require a comparison of hourly emis- In addition to application at the site, the risk sion rates rather than annual emission totals. The study will provide the Air Force and regulators CLEAN AIR PERMIT REQUIREMENTS New York v. EPA court makes only a feeble “with a framework for addressing similar sites CHANGE AGAIN AS D.C. CIRCUIT attempt to reconcile the cases. across the country,” says a spokesperson for the RULES ON CHALLENGES TO EPA’S Air Force Real Property Agency in a written REVISED “NEW SOURCE REVIEW” The Court’s Ruling Ð Key Highlights response to questions. The Air Force was in the A. NSR Revisions or Practices Upheld final stages of developing an asbestos risk assess- REGULATIONS – AN OVERVIEW 1. Modification. Separate from the federal NSR ment when the state halted oversight due to the In June, Court of Appeals for the District of program, the Clean Air Act also establishes a New cost dispute, according to a state source. The risk Columbia Circuit issued an opinion in New York Source Performance Standard (NSPS) program assessment’s development so far has been rocky, v. Environmental Protection Agency, No. 02-1387 which sets category-by-category technology- with the state charging the military’s effort has (D.C. Cir. June 24, 2005), addressing challenges based emission control requirements for new and been inadequate (Defense Environment Alert, by industry, environmental groups, and individual modified industrial facilities. Under EPA’s NSR March 8, p8). states to the United States Environmental program, an increase has been measured by com- Just weeks before the Colorado Department of Protection Agency’s (EPA’s) December 2002 new source review (NSR) regulations under the feder- paring pre- and post-change annual emission lev- Public Health & Environment (CDPHE) halted els, while under the NSPS program, the measure- all oversight work at the former base, a CDPHE al Clean Air Act. The NSR program sets up a pre- construction permit system to regulate construc- ment compares pre- and post-change hourly emis- official noted that critical work remains to be sion rates. This distinction makes a difference done, underscoring the importance of resolving tion of large, new sources of air pollution, as well as significant “modifications” of existing large most commonly when a modification allows a the cost reimbursement issue. Addressing the facility to operate more hours during the year, but asbestos contamination at the base is a high prior- sources. As originally conceived in the 1970s, NSR for existing sources sought to take older does not affect he emissions rate for any hour that ity for the Air Force and others, CDPHE environ- the facility operates. ment official Howard Roitman said in a letter to plants and force them to install state-of-the-air the Air Force. “Finalization of an asbestos risk pollution control, but only when they were other- The New York v. EPA court ruled explicitly that assessment will provide valuable insight into how wise undergoing a significant modification. the statute did not require EPA to define a “modi- the Air Force, EPA and states deal with a contam- Many have criticized the NSR program as fication” for purposes of NSR and for purposes of inant that is being discovered at numerous active unwieldy and for creating perverse incentives not NSPS in the same way. In so doing, the court and closed military installations.” Resolving to modernize or to replace outdated power plants, affirmed 25 years of EPA regulatory practice. groundwater issues will also require collabora- refineries, and manufacturing facilities. EPA 2. Calculating emissions increases. (a) Actual- tion, he said. intended the 2002 rule and certain other related to-projected actual calculation methodology CDPHE invoked a dispute resolution process rules to “reform” NSR to make it more tractable. upheld. EPA’s 2002 NSR revisions enacted a March 31, stopping all oversight work April 1, New York v. EPA upheld some of EPA’s NSR methodology for calculating emissions increases, including halting negotiations over privatizing revisions and struck down others. Most impor- and to determine in turn whether they were sig- cleanup of the remainder of the base. Part of the tantly, the court upheld EPA’s proposed change in nificant and trigger NSR requirements, by com- base’s cleanup had already been privatized, and the test for when a modification to an existing paring pre-change actual emission levels. The that work is continuing, according to the source. plant triggers NSR, including more stringent court upheld this provision. (b) No ruling on Work will be halted “until such time as the out- emission control requirements. Prior to the 2002 actual-to-potential test. (c) Ten-Year “Look- standing bills are paid to [CDPHE] for the months rule, EPA had compared a source’s baseline (that back” Provision for Calculating “Baseline” of September 2004 through February 2005,” is, current or recently past) actual annual Emission Upheld. (d) Demand Growth Exclusion CDPHE hazardous waste Director Gary W. emissions to its future potential annual emissions Upheld. Page 15 Vol. 13, No. 3, October 2005

FEDERAL REGULATORY UPDATES (CONTINUED) B. NSR Revisions Overturned. while vacating certain specific provisions intend- turing plants. They are also used in emergencies 1. Avoiding Recordkeeping for Post-Change ed to achieve similar ends. State regulators still to produce electricity and pump water for flood Emissions. EPA’s 2002 NSR revisions exempted must decide (with EPA’s oversight) how to for- and fire control. source owners or operators who believed a mulate implementing regulations in light of the The proposed standards, known as New Source change had no reasonable possibility of produc- Court’s ruling, and further litigation over both Performance Standards, will reduce harmful ing a significant emissions increase from any questions answered and unanswered is likely. emissions of nitrogen oxides, particulate matter, recordkeeping requirements relating either to data Thus, even after this eagerly awaited decision, sulfur dioxide, carbon monoxide, and hydrocar- on which those projections are based or to infor- owners and operators of major sources face con- bons from new, modified, and reconstructed mation on actual emissions going forward. The siderable uncertainty as to when they have to seek stationary diesel internal combustion engines. court remanded this exemption to EPA for further NSR approval before undertaking changes to The standards will subject stationary diesel refinement or explanation on the grounds that the their facilities. They have labored under that engines to the same levels required by EPA in the Agency had not adequately explained how it uncertainty for years, the landscape has become non-road diesel engine rule. As proposed, the would be able to detect and to enforce against par- incrementally more favorable for them, but the rule will affect 81,500 new stationary diesel ties improperly employing this exemption with- outcome in any given case remains difficult to engines and result in total pollutant reductions of out these records being available. predict. over 68,000 tons in 2015. With all this anguish, one might inquire 2. Clean Unit Exemption. The Court vacated Emissions reductions will occur gradually from whether the program makes sense. As we discuss this newly-introduced portion of the NSR rules on 2005 to 2015, reaching reductions of 90 percent above, sophisticated critics of NSR have argued the grounds that the Clean Air Act requires these or more from baseline levels in some cases. EPA that whether NSR applies or does not apply to any rules to evaluate emissions increases based on estimates the total nationwide annual costs for the given change to a large facility, the very existence actual emissions, and that the clean unit exemp- rule to be $57 million in the year 2015. of the program artificially keeps old plants oper- tion fails to do so. In this way, units that install ating. So long as they are “grandfathered,” they Allen Schaeffer, executive director of the controls to meet the state-of-the-art in 2005 will need not install pollution controls that their com- Diesel Technology Forum, said the industry is not be protected from a renewed NSR evaluation petitors must have, and so have some consider- “firmly committed to continuous progress and a should they be modified in, say, 2008 in a way able economic advantage. If a modification is cleaner environment.” “Diesel technology has that causes a significant net increase in emissions. subject to NSR and the source proceeds, a large been on a path of continuous improvement for 3. Pollution Control Project Exclusion. The facility (like a power plant) will invest tens or over a decade,” said Schaeffer. “Since 1994, 2002 rule would have excluded “pollution control hundreds of millions of dollars in pollution engines have been manufactured to operate projects” from NSR review. A “pollution control control devices retrofitted to the existing plant. smoke-free, and tailpipe emissions from trucks project” reduces emissions of some pollutants, That will create enormous disincentives to aban- and buses sold today have been reduced by more allows increases in others, but has a net beneficial doning that facility in the near term. than 80 percent compared to engines built in the late 1980s,” he said. environmental effect. This NSR provision codi- If one wished to encourage economic activity fied for all sources an exclusion adopted for utili- and a reduced environmental impact, one might “Beginning in 2007, these on-highway diesel ties in 1992 and increasingly introduced by regu- seek to provide incentives to replace older facili- engines will produce near-zero emissions thanks latory practice for other sources through the ties with newer ones. NSR does the opposite. to clean fuels and advanced engine technologies 1990’s. In perhaps its most surprising ruling, the Accordingly, many wonder whether all of this that will result in a 99 percent reduction of partic- court vacated this exclusion for both utility and uncertainty and legal wrangling is over the ulate matter (PM) emissions and an 87 percent non-utility emission sources on the grounds that correct issue. In the current climate, Congress is reduction in nitrogen oxides (NOx) from current the Clean Air Act provided no authority to exempt unlikely to take on a statutory change; Clear Skies levels,” Schaeffer explained. modifications causing significant emissions seems to be going nowhere, and might be a step EPA will accept comments on this proposed increases of a pollutant, regardless of whether the backward in any event. New York v. EPA raises rule for 60 days following publication of the modifications are implemented primarily to the interesting question whether a state program proposed rule in the Federal Register. reduce emissions of other pollutants or are judged that facilitate and encourage development of new (Environment News Service Ð 7/1/05) to have a net environmental benefit. facilities when coupled with the retirement of old Impact of the Court’s Decision ones should be the preferable objective for Clean NEW STANDARD HAZARDOUS Under New York v. EPA, large portions of Air Act regulatory programs to pursue. WASTE PERMIT EPA’s 2002 NSR revisions withstood attack. Excepts from Article by Glenn L. Unterberger, EPA is standardizing the federal hazardous Nevertheless, they still will not necessarily affect Esq. and David G. Mandelbaum, Esq. Ð Ballard waste permitting process by simplifying its sources directly right away. The NSR regulatory Spahr Andrews and Ingersoll, LLP. To request a administrative procedures, permit renewal, and program established by the federal Clean Air Act copy of the full article, send an Email: modification processes. According to the requires implementation measures at both the fed- to [email protected]. Agency, the new streamlined system reduces eral and state level. Once EPA promulgates its Original Article Copyright ” 2005 by Ballard paperwork and is expected to save states and NSR regulations, they do not take immediate Spahr Andrews & Ingersoll, LLP. (No claim to industry more than $3 million a year while main- effect. Rather, states are required to adopt essen- original U.S. government material.) This publi- taining stringent hazardous waste management tially equivalent regulations to implement the cation is intended to alert recipients to new devel- requirements. program. EPA reviews the states’ programs. EPA opments in the law. It does not constitute legal The revised process is similar to the prior set a deadline for states to adopt their NSR pro- advice or a legal opinion on any specific facts or process, yet saves EPA, states, and facilities time grams by January 2006. Some states already had circumstances. The contents are intended as gen- and money. Facilities are still required to have regulations in place which incorporate by refer- eral information only. You are urged to consult the pre-application meeting with the public fol- ence specific parts of EPA’s NSR program as your own lawyer concerning your situation and lowed by the submission of a Notice of Intent, revised, and those parts will take effect immedi- specific legal questions you may have. and supporting information. Detailed facility ately. Otherwise, however, many states are not information, normally submitted as part of the expected to act within this timeframe. EPA SETS EMISSION STANDARDS TO Part B application, will be stored on-site for STATIONARY DIESEL ENGINES review, if necessary. The Notice of Intent and Conclusion As part of a nationwide effort to control fine supporting materials, in most cases, should pro- The opinion in New York v. EPA was neither particle and ground level ozone pollution, the vide sufficient information to the regulatory strictly a pro-environment or a pro-business U.S. Environmental Protection Agency (EPA) agency to make a draft permit decision that safe- ruling. Instead, the court maintained a legal proposed emission standards for stationary diesel guards human health and the environment. perspective on these issues in upholding a number engines. Under the simplified process, regulatory of NSR revisions intended by the Bush Stationary diesel internal combustion engines authorities can issue a draft permit to eligible Administration to ease incrementally the regula- are used to generate electricity and operate com- facilities within a year of the date the application tory impact of the NSR program on industry, pressors at facilities such as power and manufac- was received. Eligible facilities include Page 16 The RT Review

FEDERAL REGULATORY UPDATES (CONTINUED) hazardous waste management facilities otherwise “not designed to track efficiency in a traditional The district court says in its July 20 ruling that subject to hazardous waste permitting that gener- way,” according to one state source, who says the non-settling members of the polluter group ate and then store or non-thermally treat haz- states fear the measure may not reflect that certain can also sue other polluters for cleanup costs ardous waste onsite in tanks, containers, and con- cleanups take longer to complete. States oversee because the group qualifies under the law’s defi- tainment buildings. Also eligible are facilities a large percentage of RCRA CA sites, with 38 nition of “any person” that can bring suit, once a that receive hazardous waste generated offsite by states and one territory enjoying delegated “civil action” has been filed. a generator under the same ownership as the authority to run CA programs. “It is reasonable to conclude that [Aviall] does receiving facility, and then store or non-thermally A state official speaking at a meeting on RCRA not address what the words ‘any person’ and ‘dur- treat the hazardous waste in containers, tanks, or cleanups last month indicated EPA was consider- ing or following any civil action’ might mean containment buildings. ing dividing the number of CA remedy compo- where a [Superfund section] 113(f)(b) was The standardized permit issued to a facility will nents completed by the amount of federal funding brought by multiple plaintiffs only some of which consist of two parts: a uniform portion, and when provided. had been parties to a civil action relating to a site. necessary, a supplemental portion. The uniform The first source says states are concerned the Indeed, a plain-reading of the language [of the portion, required in all standardized permits, measure may not accurately show the variations relevant Superfund provisions] suggests that one includes the general facility standards and unit among CA sites. “Every corrective action site is need not have been a party to the prior civil action specific standards from 40 CFR 267. The supple- a little different,” the source says. But if you to bring a contribution claim, only that a relevant prior civil action must exist,” the court says. mental portion includes site-specific conditions evaluate how many remedies are completed per unique to the facility, such as corrective action The district court ruled that the PRP group dollar spent, that assumes every remedy is of sim- overall, including members that had not settled requirements, and any other requirements deemed ilar complexity and takes a similar amount of necessary to meet safe environmental standards. with EPA, were able to sue under section time to put in place. Measuring remedies per dol- 113(f)(1)(b) because deciding otherwise would These permitting standards will become effective lar spent “may appear to show less efficiency 30 days after publication in the Federal Register. “eviscerate the right of contribution for parties when you’re not really comparing apples to who join with parties sued by EPA to remediate a You may be eligible for a standardized permit apples,” the source says. Superfund site pursuant to the consent decree if: (Defense Environment Alert Ð 6/14/05) entered by the EPA.” According to the court, ➣ You generate hazardous waste and then store “Such a result is not required by Cooper indus- or non-thermally treat the hazardous waste onsite DISTRICT COURT ALLOWS SETTLING tries,” and, “It would torture the plain meaning of in containers, tanks, or containment buildings; or the statute and discourage PRPs from cooperating if POLLUTER GROUP SUITS UNDER and settling with PRPs who were sued without the ➣ You receive hazardous waste generated offsite AVAILL RULING costs and delay of litigation. by a generator under the same ownership as your A recent Pennsylvania federal district court rul- According to the district court, the Supreme facility, and then you store or non-thermally treat ing appears to be easing industry concerns about Court’s ruling was narrow and left numerous the hazardous waste in containers, tanks, or con- the ability of polluter groups that settle their questions for lower courts. “Notably Justice tainment buildings. cleanup liability at hazardous waste sites Ð a fre- [Clarence] Thomas highlights various questions quently used approach at sites involving multiple raised by factual circumstances not before the Learn more about this rule and how to take parties Ð to sue non-settling parties for cleanup court that remain open, suggesting that the deci- advantage of its new streamlined requirements at following the Supreme Court’s Aviall decision. sion should be read narrowly, according to the Environmental Resource Center’s Advanced Industry officials were concerned that because facts of that case,” the decision says. RCRA training. A pre-publication copy of the the Aviall ruling required parties to be sued before And, the court says, unlike in Aviall, which final rule is available at this link from the EPA. being able to pursue non-settling third parties involved one company suing another, with no (Environment Tip of the Week Ð 8/8/05) under section 113(f) of Superfund law, they legal action taken by the government, the believed the high court ruling might require all Boarhead Farms case involves a group of PRPs EPA STRUGGLING TO DEVELOP parties in a settling group to be sued before being and several legal actions. “Unlike the facts under EFFICIENCY MEASURE FOR RCRA able to pursue suits against other responsible par- which the Supreme Court made its holding in CLEANUPS ties. Cooper industries, this is not a case where reme- Industry officials say that may be difficult to diation has been “wholly unhinged from any gov- EPA is struggling to create an efficiency mea- ernmental involvement or oversight,”’ the deci- sure at the behest of the White House for gauging ensure because in many instances, parties that had not been sued by the government would join with sion says. “Instead, remediation has been done the success of its Resource Conservation & pursuant to two consent decrees with the Recovery Act (RCRA) cleanup program, which is a group that had been sued to conduct joint cleanups, thereby making it difficult to determine Environmental Protection Agency, following its drawing concerns from the many states oversee- suit of all but one member of the Agreement ing cleanups that they may be penalized for tak- whether the group could still pursue third parties for cleanup costs without additional legal action Group.” ing longer to remediate complex sites, state and (Superfund Report Ð 8/1/05) EPA sources say. as required by Aviall. The efficiency measure is a requirement of the In its July 20 decision, the U.S. District Court White House Office of Management & Budget’s for the Eastern District of Pennsylvania in PROPOSED RULE FOR IRON AND (OMB) program assessment rating tool (PART) Boarhead Farm Agreement Group v. Advanced STEEL MANUFACTURING process, under which federal agencies must eval- Environmental Technology Corporation ruled In a Federal Register Notice, EPA proposed to uate how their programs are providing results that the plaintiffs could pursue a cost recovery amend certain provisions of the effluent guide- from appropriated funds. OMB uses the evalua- suit against the defendants even though not all of lines for Iron and Steel Manufacturing. Based on tions, including the efficiency measures, to deter- the group’s members had been sued by the gov- new information and analysis, the Agency is mine whether the programs are achieving results, ernment. proposing to reinstate the provision authorizing giving the programs effective, moderately effec- The district court’s ruling is also noteworthy alternative oil and grease limitations with one tive, adequate, ineffective and results-not-demon- because the court is under the jurisdiction of the exception. The notice also proposes to correct strated ratings. Poor PART ratings can lead to U.S. Court of Appeals for the 3rd Circuit, which errors in the effective date of new source perfor- budget cuts. presides over states including New Jersey, the mance standards. Comments must be received by state with the most Superfund sites in the country. According to OMB documents, efficiency September 9, 2005. While it is unclear how the 3rd Circuit will rule measures “are usually expressed as a ratio of (Environment Tip of the Week Ð 8/23/05) if the lower court’s decision is appealed, industry inputs to outcomes,” comparing the amount of attorneys tracking the case say the issue of suits money spent on an activity to the results stem- by groups of potentially responsible parties EPA PROPOSES NEW TEST ming from that activity. (PRPs) is important because of the numerous sites METHODS FOR WASTEWATER But states are raising concerns that the RCRA where polluters band together to conduct AND SEWAGE SLUDE cleanup, or corrective action (CA), program was cleanups. EPA is proposing new test methods that will Page 17 Vol. 13, No. 3, October 2005

FEDERAL REGULATORY UPDATES (CONTINUED) lead to the detection of four types of bacteria in group Public Citizen and a former administrator tributes to ozone and fine particulate pollution. wastewater and sewage sludge. EPA’s proposal of the National Highway Traffic Safety Exposure to fine particles has been linked with centers on culture-based approaches to detecting Administration (NHTSA), said the biggest impact premature death, respiratory and cardiovascular enterococci and Escherichia coli (E. coli) in will come from addressing the two most lethal disease, decreased lung function, asthma attacks, wastewater. Additional tests will identify salmo- types of crashes Ð rollovers and side impacts. and cardiovascular problems. Children, the elder- nella and fecal coliform bacteria in sewage This law requires the NHTSA to create, for the ly, and people with heart and lung disease are par- sludge. The bacteria are seen as “health indica- first time, a stability standard designed to prevent ticularly vulnerable. Adding pollution controls to tors” that point to possible contamination and the rollovers by April 2009 and write new rules to construction equipment can cut there harmful need for further investigation and treatment. The protect occupants in these side impact crashes by emissions by more than 90 percent. new tests will yield results within 24 hours and July 2008. (Environment News Service Ð 8/1/05) provide treatment facilities with an indication of The law improves the safety of hazardous the effectiveness of their treatment techniques. materials shipments by providing new enforce- $1 BILLION CLEAN-UP SETTLEMENTS Information about this and other water analytical ment options for serious violations of hazardous methods are available at: REACHED WITH BALTIMORE CO. materials safety regulations. The Conference AND WASHINGTON SUBURBAN http://www.epa.gov/waterscience/methods. Report also requires Mexican and Canadian com- (Environment Tip of the Week Ð 8/23/05) mercial motor vehicle operators transporting haz- SANITARY COMMISSION ardous materials in the United States to undergo a The Department of Justice, the Environmental ENVIRONMENTAL RED LIGHTS, background check similar to that required for Protection Agency, and the Maryland Department GREEN LIGHTS IN NEW U.S. licensed operators, and improves the proce- of the Environment announced two major Clean Water Act settlements with Baltimore County and TRANSPORTATION LAW dures of current hazardous materials background checks. the Washington Suburban Sanitary Commission A $286.4 billion transportation bill was signed (WSSC), that are anticipated to lead to more than into law by President George W. Bush in late July, The Recreational Boating Safety and Sport Fish Restoration programs were reauthorized, $1 billion in sewer system improvements. enacting a measure that covers six years of fund- Combined with a recent federal settlement ing for federal highways and transit programs, as allowing continued funding for activities that will protect coastal wetlands, promote sport fish against the Washington, D.C. Water and Sewer well as highway safety and motor Authority and a joint federal-state settlement carrier safety programs. restoration, reduce water quality impacts from recreational vessels, and increase boating access. against the City of Baltimore, the settlements are About 80 percent of the funding in the Safe, The new law streamlines the federal Railroad designed to prevent chronic sewage overflows to Accountable, Flexible, Efficient Transportation Rehabilitation and Improvement Financing loan regional waterways, including the Chesapeake Equity Act Ð A Legacy For Users, or SAFETEA- program and increases the amount of loans for Bay and the Anacostia, Patapsco, Patuxent, and LU, will pay for highway projects, with most of railroad infrastructure improvements. A new pro- Potomac Rivers. the remainder earmarked for mass transit. gram to fund the relocation of rail lines and other The two joint federal-state settlements will pro- Environmentalists called SAFETEA-LU a projects that help ease congestion, noise, and tect regional waters from contamination by mixed bag, but applauded positive advances such other impacts from railroads on communities was untreated sewage, which contains bacteria, as a provision that includes wildlife conservation included, as was additional funding for high pathogens and other harmful pollutants that seri- in transportation planning, a measure to improve speed rail planning and development efforts. ously degrade water quality, harm aquatic life and the transport of hazardous materials, funding for A provision to provide access to billions of threaten public health. the Clean School Bus program, and billions in funding to reduce air pollution from construction Over the past five years, the Justice funding to reduce air pollution from construction equipment authored by Senator Hillary Rodham Department, the EPA, and the State of Maryland equipment. Clinton, a New York Democrat, and cosponsored have cooperated to reach a number of settlements SAFETEA-LU increases funding for construct- by Senate Environment and Public Works with regional sewer authorities to help reduce ing and improving highways by 30 percent over Committee Chairman James Inhofe, an pollutants from reaching tributaries to the the previous law, TEA 21, and increases transit Oklahoma Republican is included in the law. Chesapeake Bay. The consent decrees are the lat- funding, said Congressman Don Young, an It enables states to tap into the $12 billion est successes in this interagency effort. Alaska Republican who chairs the House included in the transportation reauthorization bill Under a settlement agreement filed in federal Transportation and Infrastructure Committee and for the Congestion Mitigation and Air Quality court, Baltimore County has committed to imple- also served as chairman of the House Senate program for diesel retrofits on vehicles and equip- ment comprehensive investigation, rehabilitation, Conference on the highway and transit funding ment used on construction highway projects in and maintenance measures throughout its sanitary legislation. non-attainment areas. sewer system that are expected to result in more This legislation improves transportion project “This legislation has enormous potential to than $800 million in improvements over the next delivery “by insuring better coordination among 14-1/2 years. state departments of transportation and federal reduce pollution, create manufacturing jobs, and permitting agencies,” Young said. “This bill help the small businesses that build our roads and Baltimore County operates a sanitary sewage results in safer roads, which are built faster and highways,” said Senator Clinton. “It provides collection system that utilizes more than 3,000 that last longer.” access to billions of dollars for states and locali- miles of sewer lines and 110 pumping stations to American Public Transportation Association ties to use to help road builders add modern pol- transport sewage to wastewater treatment plants (APTA) President William Millar said that a great lution controls to their equipment. operated by the City of Baltimore. The United deal more money will be needed in the immediate The filters in these controls are manufactured States and Maryland allege that the county has future to cover infrastructure needs, “The U.S. by Corning Inc. in New York state. Peter violated the federal Clean Water act and equiva- Department of Transportation has identified infra- Volanakis, Corning CEO, said, “In addition to lent Maryland laws by allowing the repeated structure needs far in excess of the final amount providing communities across the U.S. with new overflows of tens of millions of gallons of raw approved in this new legislation, and our mem- options for achieving cleaner air, this provision sewage from its collection system into area water- bers hope that Congress will continue to review has the potential to increase demand for diesel ways since at least 1997. funding sources and mechanisms that will enable after-treatment systems by helping to finance the The settlement requires Baltimore County to us to more completely address the growing needs installation of retrofits on existing diesel vehicles implement corrective measures to address both in our and equipment.” past and potential future causes of sewage over- country,” Millar said. U.S. Environmental Protection Agency figures flows. Specific requirements include elimination APTA is a nonprofit international association show there are approximately 1.2 million pieces of system relief points that allow discharges dur- of 1,500 members organizations including public of construction equipment that could benefit from ing heavy rains, completion of specific repair or transportation systems; planning, design, con- being retrofitted with pollution control or anti- replacement work in known overflow areas, struction and finance firms; product and service idling technologies. ensuring that backup power exists for pumping providers; academic institutions, and state associ- A typical piece of construction equipment, stations, and increased oversight and regulation ations and departments of transportation. such as a 178 horsepower bulldozer, emits as of grease management to reduce associated sewer Joan Claybrook, president of the nonprofit much pollution as 26 new cars today, which con- backups. The county will also perform a compre- Page 18 The RT Review

FEDERAL REGULATORY UPDATES (CONTINUED) hensive proactive inspection of its collection sys- company is also required to implement a new will also provide substantial health benefits in the tem piping, equipment, and pump stations and “fat, oil and grease” (FOG) permitting program, range of $8.4 - $9.8 billion each year Ð preventing deficiencies before they result in sewage over- that will require “food establishments” in an estimated 1,600 premature deaths, 2,200 non- flows. Montgomery County and Prince George’s County fatal heart attacks, 960 hospital admissions, and Baltimore County also has agreed to pay a to acquire a permit to discharge FOG into the col- more than 1 million lost school and work days. $750,000 penalty (divided equally between the lection system that will establish permit to dis- The total annual costs of this rule range from $1.4 United States and Maryland), and to perform charge FOG into the collection system that will to $1.5 billion. The proposal applies to an emis- three supplemental environmental projects valued establish standards for better FOG management. sions trading alternative that states and tribes may at $4.5million. These projects include funding WSSC will also regularly test the water quality of use to improve visibility in specially protected the design of nutrient removal enhancements at 24 major tributaries of the Anacostia River, the areas. Baltimore City’s Patapsco wastewater treatment Potomac River, and Rock Creek to determine The proposed emissions trading rule will be plant, completing the restoration of several stream whether work being performed under the decree open for public comment for 45 days after publi- areas degraded by urban impacts, and installing a is having an impact on pollutant levels. All reme- cation in the Federal Register. EPA will take final trash collection system to remove and dispose of dial measures must be completed within 14 years action on this issue by November, 2005. floating debris. and are estimated to cost $200 (Env. Tip of the Week Ð 7/25/05) The settlement requires Baltimore County to million. implement corrective measures to address both Under the terms of the consent decree, WSSC past and potential future causes of sewage over- is also required to pay a $1.1 million cash penal- U.S. ANNOUNCES CLEAN AIR flows. Specific requirements include elimination ty, divided equally between the United States and AGREEMENT WITH NATION’S of system relief points that allow discharges dur- Maryland, as well as to complete three supple- LARGEST HAZARDOUS WASTE ing heavy rains, completion of specific repair or mental environmental projects Ð valued at $4.4 replacement work in known overflow areas, TREATMENT AND DISPOSAL million-specified in the agreement. OPERATOR ensuring that (EPA Press Release Ð 7/25/05) backup power exists for pumping stations, and The Justice Department and the Environmental increased oversight and regulation of grease man- Protection Agency (EPA) announced a settlement agement to reduce associated sewer backups. The GROUND-LEVEL OZONE PROGRESS with Clean Harbors Environmental Services that county will also perform a comprehensive proac- TO CONTINUE is expected to enhance calculating and reporting tive inspection of its collection system piping, To continue progress toward meeting a on benzene emissions from North America’s equipment, and pump stations and correct any stronger 8-hour ozone standard, EPA is taking largest operator of hazardous waste treatment and deficiencies identified with the goal of resolving final action to revoke the prior, less stringent 1- disposal facilities. This settlement involves ten those deficiencies before they result in sewage hour standard. In the same action, EPA is making facilities in eight states. It confirms the proper overflows. exceptions for 14 “Early Action Compact” areas, industry standard for compliance with the Clean Baltimore County also has agreed to pay a which will still be covered by the 1-hour standard Air Act regulation that limits benzene emissions $750,000 penalty (divided equally between the as they work to meet the 8-hour standard ahead of from facilities that treat, store, and dispose of haz- United States and Maryland), and to perform schedule. Due to the terms of the compact, these ardous waste. three supplemental environmental projects valued areas must keep certain 1-hour ozone controls in The affected facilities are located in Chicago, at $4.5 million. These projects include funding place until they meet the more protective 8-hour Illinois; Cincinnati, Ohio; Braintree, the design of nutrient removal enhancements at ozone standard. In exchange for a deferred effec- Massachusetts; Bristol, Connecticut; Baton Baltimore City’s Patapsco wastewater treatment tive date of their 8-hour ozone designation, Early Rouge, Louisiana; Plaquemine, Louisiana; La plant, completing the restoration of several stream Action Compact areas have agreed to take action Porte, Texas; Deer Park, Texas; Kimball, areas degraded by urban impacts. And installing a to achieve clean air earlier than required under the Nebraska; and Aragonite, Utah. trash collection system to remove and dispose of 8-hour standard Ð no later than December 31, The agreement with Clean Harbors is part of floating debris. 2007. In light of the revocation of the 1-hour EPA’s efforts to enhance compliance with ben- In another settlement being filed today, WSSC ozone standard, minor technical changes were zene regulations among hazardous waste treat- has agreed to a 14-year, $200 million plan to also made to the Code of Federal Regulations to ment, storage, and disposal facilities. Benzene is repair and upgrade its wastewater collection sys- accommodate the areas that are technically still a hazardous air pollutant and a known carcinogen. tem and improve water quality monitors. This covered by the old standard. To learn more about A consent decree, filed in U.S. District Court agreement resolves Clean Water Act litigation this action, visit: for the Northern District of Illinois, will require brought by the United States, Maryland, and a http://www.epa.gov/ozonedesignations/ Clean Harbors to properly determine the benzene coalition of four environmental groups. (EPA News Ð 7/27/05) quantities in waste shipments received from its WSSC owns and operates the sanitary sewage customers. Clean Harbors will not be allowed to collection system that collects wastewater from EMISSIONS TRADING PROPOSED TO estimate the benzene received by using the mid- residents of Montgomery and Prince George’s HELP IMPROVE VISIBILITY dle number in a range of possible benzene con- counties in Maryland. WSSC allegedly violated Expanding upon the Clean Air Visibility Rule, centrations that a customer supplies. Instead, the Clean Water Act by failing to properly operate EPA proposed an emissions trading program to Clean Harbors will have to measure the actual and maintain its sewage collection system, result- help state and tribal governments improve visibil- benzene concentration or use the high end of the ing in sanitary sewage overflows into area ity in national parks and wilderness areas. The range in order to ensure that benzene is not under- streams and backups into buildings. proposal outlines an alternative emissions trading reported. Underreporting benzene can result in In this settlement, WSSC has agreed to a num- program that gives flexibility for states or tribal failing to install pollution controls on tanks and ber of modifications and improvements. The government in ways to apply Best Alternative other equipment that handle benzene. commission will perform extensive sewer system Retrofit Technology (BART). The BART (EPA Ð 9/13/05) evaluations on its 26 sewer basins, covering more requirements would be satisfied if the trading pro- than 5,000 miles of sewer pipe to repair or replace gram meets or exceeds the visibility benefits U.S., CANADA JOIN TO CUT any identified problems. WSSC will conduct per- resulting from BART. formance assessments on the modifications and The BART requirements of the clean Air FREIGHT INDUSTRY EMISSIONS develop a revised “collection System Operation Visibility Rule apply to industrial facilities, built AND SAVE FUEL and Maintenance Plan” that requires more fre- between 1962 and 1977, that emit air pollutants A new U.S.-Canada partnership could save up quent sewer pipe cleaning, root control and tele- that reduce visibility by causing or contributing to to 440 million gallons of fuel and prevent emis- vising of pipes. The terms of the agreement also regional haze. The Clean Air Visibility Rule, sions of an estimated 5 million tons of carbon require WSSC to develop revised “emergency including the BART requirements finalized on dioxide Ð a greenhouse gas Ð per year. To achieve response plans” for sanitary sewer overflows and June 15, 2005, will provide approximately $240 that goal, EPA and Natural Resources Canada building backups, and improve operations of its million annually in visibility improvements in (NRCan) will coordinate voluntary cross-border pump stations if they experience overflows. The southeastern and southwestern parks. The rule projects with the freight industry focusing on idle Page 19 Vol. 13, No. 3, October 2005

FEDERAL REGULATORY UPDATES (CONTINUED) reduction, deployment of clean technologies, and $8 billion in public health benefits and some $240 Recognizing the “tremendous pressure to driver training and awareness. million a year in increased tourism at the affected accelerate oil and gas production in western loca- EPA Acting Assistant Administrator Bill parks and wilderness areas. tions that are close to population centers as well Wehrum and NRCan Acting Deputy Minister Dr. The EPA announced the rule in order to satisfy as sensitive ecosystems,” Environmental Defense Nawal Camel signed the memorandum of under- a deadline ordered by a consent decree with urges states, tribes and federal agencies to adopt standing (MOU) today at a freight facility near Environmental Defense Ð it finalizes goals for “comprehensive and protective emissions control the Ambassador Bridge Border Crossing in cleaner air in the parks set by Congress in 1977. requirements for oil and gas production activi- Michigan. There are 13 million truck border But Environmental Defense, a national conser- ties.” Finally, the report warns that stringent crossings between Canada and the United States vation group based in New York City, says the emissions standards must be applied to new each year, including 3.3 million at the new rule falls short of what is needed to clean the power plants, not only those built before 1977. Ambassador Bridge. air in national parks. Other park advocates, too, are concerned the The collaboration brings together the comple- “Unfortunately, EPA has made it harder for new EPA rule fails to match the scope of the air mentary strengths of EPA’s SmartWay Transport states to restore clean air to our national parks by quality problems faced by America’s 156 parks Partnership and NRCan’s FleetSmart. SmartWay exempting some high-polluting industrial sources and wilderness areas and gives states the ability to emphasizes the deployment of innovative tech- from clean up requirements,” said Environmental exempt individual facilities from new pollution nologies. FleetSmart specializes in driver educa- Defense senior scientist Jana Milford. controls. tion and training. “Protective state action enforcing EPA’s pollu- The rule condemns “many national parks to a Additional information on the MOU and tion control guidelines will now be essential to lift future of unsightly and unhealthy air pollution,” SmartWay is available at: the veil of haze from our nation’s crown jewels,” said Tom Kiernan, president of the National Parks http://www.epa.gov/smartway. she said. Conservation Association. “The main culprits,” Additional information on FleetSmart is at: Environmental Defense disagrees with the EPA he said “are hundreds of outdated power plants http://oee.nrcan.gc.ca/transportation/fleetsmart.cf allowing states to ignore the first 35 days of that have operated for decades without readily m(EPA Ð 9/14/05) adverse visibility impacts over a five year period available and affordable air pollution control in determining whether a source should be subject technologies.” EPA PASSES POWER OVER PARKS AIR to cleanup requirements, dubbed best available “Our A-plus parks do not deserve C-minus pro- QUALITY TO STATES retrofit technology” or “BART.” tection,” Kiernan said. A federal rule approved by the U.S. Every day of visibility damage matters.” said The report, “Clearing the Haze From Western Environmental Protection Agency in June hands Milford. “We shouldn’t have to wait 36 days to Skies,” is available at state governments a lead role in deciding how to demonstrate that the source is harmful.” www.environmentaldefense.org/go/westernhaze. improve air quality at many national parks and In June, Environmental Defense released a new (By J.R. Pegg Ð Environment News Service Ð wilderness areas. The agency announced the rule report, “Clearing the Haze from Western Skies,” 6/16/05) to satisfy a court ordered consent decree with a documenting the rising pollution levels at nation- al parks in the interior West, from Yellowstone in conservation group, but it will fail to achieve EPA REMOVES METHYL ETHYL KETONE clean air, the group says. the north to Grand Canyon in the south. Coauthored by Milford, the report finds that at FROM FORM R REPORTING States have until 2018 to fully implement the REQUIREMENTS rule, which aims to cut emissions from a wide parks and monuments across the West, average visibility is frequently only half what it would be To comply with a US District court order array of industrial facilities until prior to 1977, issued on June 13, EPA has deleted methyl ethyl including utility and industrial boilers, pulp mills, under natural conditions, under which views can extend over 150 miles. At western parks and ketone (MEK) from the list of chemicals in 40 refineries and smelters. CFR 372.65 that are subject to reporting under Pollution from these facilities is reducing visi- monuments from Guadalupe Mountains in the South to glacier in the North, visibility has wors- section 313 of the Emergency Planning and bility and negatively impacting 156 national Community Right-to-Know Act of 1986 parks and wilderness areas across the United ened over the past decade. Haze reduces natural visibility distances by as (EPCRA) and section 6607 of the Pollution States, including Shenandoah, Great Smoky Prevention Act of 1990 (PPA). This action, which Mountains, Glacier, Big Bend, Acadia, Sequoia, much as 25 miles in the eastern United States and 90 miles in the western parks. was published at 70 FR 125 Pages 37698-37700, and Yosemite National Parks. means that you will no longer be required under The facilities covered by the rule each have the Haze is made up of fine particle pollution, ozone pollution, and deposits of reactive nitrogen ECRA section 313 to report releases of and other potential to emit more than 250 tons a year of vis- waste management information on MEK, includ- ibility impairing pollution, including the particu- that “threaten sensitive mountain ecosystems and human health,” the report warns. ing those that occurred during the 2004 reporting late matter (PM2.5), sulfur dioxides, nitrogen year. This action does not have any impact on oxides, and some volatile organic compounds. Reactive nitrogen is released into the atmos- your reporting requirements under EPCRA sec- Some facilities may not have to make any phere in the form of ammonia or nitrogen oxides tions 311 and 312. and falls to Earth in gas, particle or aqueous form. emission cuts under the rule, which orders states In the Federal Register of March 30, 1998 (63 to consider the visibility impacts of an individual It can lead to over-fertilization of ecosystems, dis- placing natural species such as alpine wildflow- FR 15195), EPA issued a Denial of Petition titled facility when determining whether they have to “Methyl Ethyl Ketone; Toxic Chemical Release install controls, and what those controls would be. ers, and can contribute to acidification of lakes and streams. “High mountain ecosystems and Reporting: Community Right-to-Know.” The State implementation plans for reducing haze denial was in response to a petition from the in the specially protected area must be submitted water bodies across the West, from the Sierras and Cascades to the Colorado Rockies, are suscepti- Ketones Panel of the Chemical Manufacturers to the EPA by December 2007. Association (CMA) that requested the deletion of By 2018 the rule will cut annual emissions of ble to this damage,” the Environmental Defense report says. methyl ethyl ketone from the list of chemicals NOx by some 600,000 tons and annual SO2 pol- reportable under EPCRA section 313 and PPA lution by some 400,000 tons, according to the “The common culprit in this suite of air pollu- section 6607. EPA. tion problems is emissions of nitrogen oxides The American Chemistry Council (formerly “America’s national parks and wilderness areas (NOx) from power plants, oil and gas production equipment, and motor vehicles” it states. (CMA) filed suit challenging EPA’s decision in are getting a new level of protection,” said Jeff the United States District Court for the District of Holmstead, assistant administrator for the Office Milford and her coauthors urge the EPA to Columbia. Subsequently, the court granted sum- of Air and Radiation. “The Clean Air Visibility ensure that state determinations of sources subject mary judgment in favor of EPA. On appeal, the Rule Ð combined with stringent standards for to BART encompass all sources contributing to Court of Appeals for the District of Columbia a dramatically cleaner new generation of vehicles decreased visibility, human and ecosystem health Circuit reversed the lower court’s decision, vacat- and deep cuts in power plant emissions Ð problems. ing the lower court’s decision, and directing the mean that our views will be clearer and the air Then the states and tribes should set protective district court to issue an order to “direct EPA to healthier.” emission limits that “accurately reflect the best delete MEK from the TRI.” 406 F.3d 738, The agency estimates the rule will cost some available retrofit technology,” the report 742(D.C. Cir. 2005). $1.5 billion annually but will provide more than recommends. (Environment Tip of the Week Ð 7/6/05) Page 20 The RT Review

FEDERAL REGISTER NOTICES http://www.epagov/homepage/fedrgstr Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing. Partial withdrawal of direct final rule. (Federal Register - 8/30/05) Environmental Protection Agency Guidelines Establishing Test Procedures for the Analysis of Pollutants; Analytical Methods for Biological Pollutants in Wastewater and Sewage Sludge; Proposed Rule. (Federal Register - 8/16/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing; Final Rule and Proposed Rule. Direct final rule; amendments. (Federal Register - 8/10/05) Environmental Protection Agency Hazardous Waste Management System; Modification of the Hazardous Waste Program; Mercury Containing Equipment; Final Rule. (Federal Register - 8/5/05) Environmental Protection Agency Regional Haze Regulations; Revisions to Provisions Governing Alternative to Source-Specific Best Available Retrofit Technology (BART) Determinations; Proposed Rule. (Federal Register - 8/1/05 ) Environmental Protection Agency Waste Management System; Testing and Monitoring Activities; Final Rule: Methods Innovation Rule and SW-846 Final Update IIIB. (Federal Register - 8/1/05) Environmental Protection Agency Mine Safety and Health Administration (MSHA) Asbestos Exposure Limit; Proposed Rule. (MSHA) are proposing to revise our existing health standards for asbestos exposure at metal and nonmetal mines, surface coal mines, and surface coal mines, and surface areas of underground coal mines. The pro- posed rule would reduce the full-shift permissible exposure limit and the excursion limit for airborne asbestos fibers. (Federal Register -7/29/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants; General Provisions; Proposed Rule. Proposed amendments; request for pub- lic comment. (Federal Register - 7/29/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products; Proposed Rule. (Federal Register - 7/29/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products; List of Hazardous Air Pollutants, Lesser Quality Designations, Source Category List; Reconsideration. Request for Public Comment; Notice of Public Hearing. (Federal Register - 7/29/05) Environmental Protection Agency Approval and Promulgation of Implementation Plans; New Jersey Architectural Coatings Rule. Proposed Rule. (Federal Register - 7/21/05) Environmental Protection Agency Control of Emissions of Air Pollutant From Diesel Fuel. EPA is proposing to correct, amend, and revise certain provisions of the Highway Diesel Rule adopted on January 18, 2001 (66 FR 5002), and the Nonroad Diesel Rule on June 29, 2004 (69 FR 38958). (Federal Register - 7/15/05) Environmental Protection Agency Test Procedures for Testing Highway and Nonroad Engines and Omnibus Technical Amendments; Final Rule. (Federal Register - 7/13/05) Environmental Protection Agency Toxics Release Inventory Reporting Forms Modifications Rule. Final Rule (Federal Register – 7/12/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j). Final rule; amendment. (Federal Register – 7/11/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Oil and Natural Gas Production Facilities. Supplemental proposed rule. (Federal Register – 7/8/05) Environmental Protection Agency Nonattainment Major New Source Review Implementation Under 8-Hour Ozone National Ambient Air Quality Standard: Reconsideration. Final rule; notice of final action on reconsideration. (Federal Register – 7/8/05) Environmental Protection Agency Regional Haze Regulations and Guidelines for Best Available Retrofit Technology (BART) Determinations; Final Rule. (Federal Register – 7/6/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing; Final Rule and Proposed Rule. Direct final rule; amendments. (Federal Register – 7/1/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters: Reconsideration. Request for public comment. (Federal Register – 7/27/05) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Cellulose Product Manufacturing. Final rule; correction. (Federal Register – 6/24/05) Environmental Protection Agency Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Control of VOC Emissions From Aerospace, Mobile Equipment, and Wood Furniture Surface Coating Applications for Allegheny County. Direct final rule. (Federal Register – 6/24/05)

BREAKING NEWS The Supreme Court has agreed to hear a case on wetlands regulation under the Clean Water Act. The issue is whether wetlands not connected with navigable waterways can be regulated . . . Stay tuned.

Page 21 Vol. 13, No. 3, October 2005 NJ REGULATORY UPDATES DUPONT TRADES NEW JERSEY forested uplands. These parcels provide excellent RESOURCES FOR RESOURCE DAMAGE fish and wildlife habitat, but recreational opportu- NJ REGULATORY UPDATES In one of the largest natural resource damage set- nities have been limited due to restricted access. ¥ DuPont NRD Settlement, Pg. 22 tlements in New Jersey state history, NJDEP has Now, DuPont will construct a boat ramp with an ¥ Flood Issues, Pg. 23 agreed with E.I. DuPont de Nemours and Company access road and parking in Mannington Township ¥ New Green Acres Rules, Pg. 22 to compensate the public for injuries to groundwa- as part of the settlement. ¥ Diesel Exhaust, Pg. 23 ter at eight DuPont sites with resources rather than DuPont will contribute $500,000 toward the cash. acquisition of 350 acres of undeveloped, forested The settlement includes preservation of 1,875 property in Cape May County. The area is under prior to changing the purpose for which Green acres of land, spending $1.8 million to plant 3,000 development pressure and protecting this land is Acres-funded parklands are being used to another trees, payment of $500,000 to the state for water critical to maintaining water supplies. The parcel recreation and conservation purpose. The change restoration projects and construction of a boat ramp also serves as a critical refuge for migratory birds. would require local governments to advertise and along the Salem River. The preserved land is in DEP’s voluntary program has resulted in the set- hold at least one public hearing on the proposed Cape May, Gloucester, Middlesex, Passaic and tlement of natural resource damages at 360 haz- change and notify Green Acres of its intent prior to Salem counties. ardous sites, the agency says. DEP is working with proceeding. “This settlement exemplifies a new paradigm for 95 additional responsible parties representing about The proposed rules also describe the appraisal companies to resolve their natural resource damage 850 sites that seek to voluntarily resolve their lia- requirements established by the Highlands Water liabilities in New Jersey,” said Acting Governor bility for natural resource damages. Protection and Planning Act. The legislation Richard Codey. “Longstanding damage claims are (Environment News Service Ð 7/11/05) requires the Green Acres Program to determine a translating directly into permanent conservation of property’s fair market value at the time of its acqui- land and water resources, as well as expanded pub- sition and its hypothetical value as of January 1, DEP PROPOSES NEW GREEN 2004. Green Acres participation will be based on lic access to natural resources.” ACRES RULES The resource-to-resource form of compensation the higher of the two values, subject to available Department of Environmental Protection (DEP) developed by the state avoids costly litigation and funding. The draft rules were published in the New Commissioner Bradley M. Campbell announced complex, time consuming monetary valuation of Jersey Register July 5. proposed rules that clarify the criteria used to award natural resource injuries by focusing on restoration (DEP News Ð 7/13/05) Green Acres funding and strengthen the standards and land preservation projects. governing the diversion of Green Acres protected The Department of Environmental Protection parkland to uses other than recreation and conser- NEW JERSEY SETS POLLUTION LIMITS (DEP) used this method after DuPont approached vation. FOR 155 MILES OF WATERWAYS the state willing to settle its natural resource dam- The state of New Jersey is proposing new pollu- age liability for contaminating 2,400 acres of “These reforms fulfill our commitment to raise tion limits for phosphorus and fecal coliform that groundwater. that bar against diversions of protected open space, cause water quality impairments in more than 155 In the resource-to-resource compensation model, and codify reforms to unfair funding approach that miles of waterways across the state. DuPont had to protect an equivalent area of land shortchanged New Jersey’s most populated com- with a high aquifer recharge rate. Since DuPont munities for years, “said Commissioner Campbell. “This is one more tough action that continues only offered 1,875 acres as compensation, the DEP The Green Acres rules govern the distribution of New Jersey’s commitment to safeguard water required additional environmental projects to make Garden State Preservation Trust funding to local resources for residents and future generations,” said up for the acreage difference. governments and nonprofits. The proposed rules Acting Governor Richard Codey. “Identifying DEP is overseeing groundwater testing and would formalize recent efforts by the Green Acres sources and reducing pollutants is an important step cleanup work by DuPont at all eight contaminated Program to direct more funding to projects located in ensuring New Jersey has safe and healthy water sites, which are either presently or formerly owned in densely populated communities throughout the for drinking, and recreational activities. by the company. State as well as watershed land critical to preserv- The 155 miles of waterways to be controlled are The settlement, which resolves natural resource ing our water resources. The rules also clarify located in five watershed regions Ð Atlantic damage liability for groundwater contamination at many procedural requirements for both land acqui- Coastal, Lower Delaware, Northeast, Northwest all eight sites, requires DuPont to place conserva- sition and park development projects that will expe- and Raritan. tion easements on four undeveloped, uncontaminat- dite payments to local governments and nonprofits “Phosphorus and fecal coliform are pollutants ed properties and donate to the DEP two undevel- for approved projects. that degrade our water quality, and our ability to oped, uncontaminated properties that are in the “By allowing every part of New Jersey to seek enjoy natural treasures like Swartswood Lake,” same watershed as the contaminated sites. their fair share of open space funding, said Department of Environmental Protection The lands preserved by conservation easement Commissioner Campbell’s reforms to the Green (DEP) Commissioner Bradley Campbell. eventually will be transferred to DEP or land con- Acres program have made a major difference in the Swartswood Lake is contaminated with an servation organizations approved by the agency. renaissance of Essex County’s historic park sys- excess of phosphorus, a nutrient from agricultural The Pompton Lake parcels, 73 acres, in and adja- tem,” said Essex County Executive Joseph runoff that stimulates algae blooms. The new pol- cent to the Highlands, have been owned by DuPont DiVincenzo. lution limits are aimed to reducing and eliminating since 1902 and will be transferred to DEP and Local government and nonprofits that accept sources of phosphorus in three waterways entering added to Ramapo State Forest. Heavily forested, Green Acres funding continue to own and manage Swartswood Lake, a Category One waterbody. the land provides wildlife habitat and exhibits some their open space and parks, subject to certain “The pollutant and its sources will be identified of the highest aquifer recharge in the region. restrictions designed to protect the public’s invest- and eliminated to restore New Jersey’s impaired The Duhernal parcel, 63 acres, is now jointly ment. Under the new rules, local governments and waterbodies of safe and healthy waters that serve as owned by DuPont, Hercules, Inc. and the Borough nonprofits seeking to divert parkland to other uses sanctuaries for wildlife and offer swimming, fish- of Sayreville. The parcel is part of a larger forest- would be required to give the public greater notice ing and boating opportunities,” said Campbell. ed area that recharges the aquifer used by of and opportunity to comment on such proposals. The program sets Total Maximum Daily Loads, Sayreville and Middlesex County communities as In cases in which diversions are approved, local or TMDLs, limits that are developed for those drinking water. Much of the property is uplands governments and nonprofits generally would be waters that do not currently meet federal water that could be developed if sold to a private entity as required to preserve at least twice as much land as quality standards. development encroaches. they divert. Because major diversions would be New Jersey is now proposing total maximum The two Repauno parcels, 435 acres, are forest- subject to more stringent requirements, DEP pro- daily loads for 23 waterways aimed at reducing ed wetlands and emergent freshwater marsh adja- poses to create a category of minor diversions of fecal coliform and phosphorus. Water quality will cent to the Delaware River. Approximately 100 parkland for which application requirements would be restored with strict requirements for fecal col- acres of this land recharges groundwater. be streamlined. iform pollution reductions of 21 to 98 percent and The 955 acres in the Salem Creek parcels are a In addition, the proposed rules would require phosphorus reductions of 50 to 53 percent. mixture of open waters and wetlands and adjacent local governments to notify DEP and the public The DEP will achieve the targeted reductions by Page 22 The RT Revuew NJ REGULATORY UPDATES (Continued) addressing the sources for fecal coliform and phos- In New Jersey, more than two million people During the meeting, attended by just a handful of phorus including failing septic systems. under the age of 65 are without insurance, and rely environmentalists, critics complained DEP The impairment for 20 of the TMDLs is fecal on hospitals as the only source of medical care. Commissioner Bradley Campbell needs to tighten coliform in the form of human and animal wastes. The use of the state’s hospitals as primary care current rules to prevent flooding along the Sewage treatment facilities are potential sources of facilities burdens taxpayers and increases overall Delaware River and its tributaries statewide. fecal coliform when equipment failure or opera- state costs. “We want to make sure these rules are as com- tional problems result in the discharge of untreated The Council is also urging DHSS to support reg- prehensive as they can be,” said Vincent J. Mazzei, sewage. ulation to limit smoking in all public facilities to an energy with the DEP’s Land Use Regulation Program. DEP has adopted 230 TMDLs during the last two protect the health and welfare of New Jersey’s res- years. In 2004, 27 TMDLs were successfully com- idents, tourists and workers. Currently the DEP is in the process of holding pleted and in 2003, 203 TMDLs were completed (Environment News Service Ð 7/21/05) public hearings on the old water regulations, which Mazzei said will serve as a placeholder until new statewide. standards are approved. DEP published all 23 proposed TMDLs in the CRITICS SAY FLOOD WARNINGS (Gloucester County Times Ð 8/18/05) May 2005 New Jersey Register. IGNORED BY DEP (Environment News Service Ð 6/27/05) The state Department of Environmental protec- tion for three years ignored warnings by its own NO CLEANUP FOR GROUND WATER scientists that it needed to adopt stronger flood con- AT NEW JERSEY RADIUM SITES DIESEL EXHAUST HARD ON trol measures, according to internal documents. After assessing the risk of doing nothing to clean NEW JERSEY RESIDENTS’ HEALTH As a result, environmentalists charged that gov- up ground water at the Montclair/West Orange and Unfiltered diesel exhaust is a source of harmful ernment inaction has led to increased flooding and Glen Ridge Radium Sites in Essex County, New air pollution, adversely impacting the health of res- property damage along the Delaware River and Jersey, the U.S. Environmental Protection Agency idents and increasing health care costs, the New near the Garden State’s smaller streams and creeks. (EPA) has concluded that the ground water does not Jersey Clean Air Council says in its latest annual And with residential and commercial develop- require any cleanup. ment unchecked in crucial watersheds, land that report. The conclusions of the study and assessment would otherwise absorb water is rapidly disappear- mean that cleanup work is done at the sites. The The Clean Air Council, created in 1954, is com- ing and threatening more severe deluges, they agency will take public comment and hold a public posed of representatives from public, private and maintain. nonprofit groups who serve in an advisory capacity meeting and information sessions on this proposed “Their own experts’ opinions have not been to the Department of Environmental Protection decision. implemented even though they’ve identified a seri- “With the cleanup complete, EPA has achieved (DEP) regarding air matters. ous problem,” said Bill Wolfe, director of the New its goal of protecting the people and the environ- In its report, the council says that diesel-powered Jersey chapter of Public Employees for ment in the affected communities,” said Acting engines, such as those found in trucks and school Environmental Responsibility, a coalition of EPA Regional Administrator Kathleen Callahan. “I buses, are responsible for a significant amount of employees in state and federal environmental regu- encourage the public to continue its active involve- the particulate air pollution in New Jersey, espe- latory agencies. ment in the site and comment on our proposal.” cially in areas of high traffic and large populations Wolfe, a 13-year Department of Environmental The Montclair/West Orange and Glen Ridge such as urban areas. Protection worker, left the agency in 2004. Radium sites were contaminated with radioactive The DEP supports legislation passed in June, “They try to blame Pennsylvania and New York waste materials suspected to have come from radi- which requires the use of air pollution control tech- for making the problem worse because they have um processing companies located nearby during nology to reduce particulate emissions from school no upstream management. But we have to take care the early 1900s. Some of the radium-contaminated buses, transit, buses, garbage trucks as well as pub- of our own house first,” he added. soil was used as fill or was mixed with cement for licly owned on-road and non-road vehicles. While the flooding has so far been localized in sidewalks and foundations. “This report validates the economic and public much of South Jersey, those pushing for tougher In 1983, the state of New Jersey discovered health importance of our initiative to reduce soot restrictions and flood control measures content that homes with high levels of radon gas from the decay emission,” said DEP Commissioner Bradley could change. of radium in the soil, as well as high levels of Campbell. “All New Jersey residents will play a Gloucester County includes about 550 “river indoor and outdoor gamma radiation. role on this issue when our soot reduction initiative miles,” or water frontage that could be at risk of In response, EPA installed radon ventilation sys- is presented to voters as a public question.” increased flooding if dangerous development is not tems and gamma radiation shielding in affected The adverse health effects caused by air pollu- limited, environmentalists said. homes. The sites were listed on the National tion continues to be disproportionately higher in DEP regulators in 1999 first identified that Priorities List of the nation’s most hazardous waste communities of color and low-income communi- development in flood areas statewide threatened sites in February 1985. downstream landowners with more flooding, ties, the Council found. These communities are After performing a scientific study of the nature according to internal DEP documents released by often located in urban centers that experience high- and extent of the contamination, EPA excavated Wolfe’s group. In 2002, DEP regulators drafted a er levels of pollution because of proximity to traf- and disposed of all radium-contaminated soil and set of 46 recommended changes to the regulations. fic and point source pollution such as smokestacks. restored the affected properties. EPA completed Among them were proposals to curb develop- “The Clean Air Council is dedicated to improv- excavation activities in December 2004, removing ment in flood areas and watersheds, better map and and disposing of about 220,000 cubic yards of ing air quality for all New Jersey’s residents, while identify trouble spots and extend development ensuring a health legacy for generations to come,” radioactive soil and debris and filling in the exca- buffers around streams and lakes. vated areas with clean soil. said Leonard Bielory, M.D., Public Hearing (Gloucester County Times Ð 8/1/05) Chairman of the Clean Air Council. At the time EPA decided how to clean up the contaminated soil, the agency also recognized the The Council notes that scientific research over DEP: WILL TOUGHEN FLOODING need to examine potential impacts from the radio- the past 30 years indicates a direct link between CONTROLS logical contamination to ground water. EPA per- poor air quality and increased incidence of asthma The Department of Environmental Protection is formed a study, which shows the ground water attacks, heart attacks, and premature deaths. The expected to roll out a tougher set of anti-flood reg- meets drinking water standards for radiological health care costs associated with treating conditions ulations by the end of this year. contaminants and that radon levels in the ground caused or aggravated by air pollution are high That announcement by came following a public water are consistent with regional background because of the loss of productivity with time away hearing on the DEP’s plan to re-adopt decade-old levels. from school and work and the high number of regulations governing development in New (Environment News Service Ð 6/30/05) emergency room visits. Jersey’s watersheds and along its rivers.

Page 23 Vol. 13, No. 3, October 2005

KEY HIGHLIGHTS FEDERAL UPDATES NJ REGULATORY UPDATES IN THIS ¥ PCB Reg Changes, Pg. 2 ¥ DuPont NRD Settlement, Pg. 22 ¥ Mercury/Universal Waste, Pg. 11 ¥ Flood Issues, Pg. 23 ISSUE ¥ DOT/Hazmat Reg. Expansion, Pg. 11 ¥ New Green Acres Rules, Pg. 22 ¥ CCA Treated Wood Hazwaste, Pg. 12 ¥ Diesel Exhaust, Pg. 23 ¥ EPA & TCE Levels, Pg. 14 ¥ Lowry Cleanup/Asbestos Study, Pg. 15 Page 1 ¥ EPA Diesel Engine Standards, Pg. 16 TECHNOLOGY UPDATES BROWNFIELDS SITES - NEXT GENERATION PA UPDATES ¥ Allergies Affect 1/2 of Population, Pg. 6 ¥ Philadelphia Stormwater BMPs Lauded, Pg. 4 ¥ MTBE in NE Groundwater, Pg. 7 Page 1 ¥ Porous Pavements, Pg. 4 ¥ Arctic Ice Loss, Pg. 8 NE AIR CLEANER ¥ Chesapeake Discharge Monitoring, Pg. 4 ¥ Innovative Dearborn CSO Controls, Pg. 9 ¥ Toxics Management Strategy, Pg. 5 Page 6 LARGEST US BIODIESEL PLANT Page 7 RT E-MAIL DIRECTORY METHANE & CLIMATE IMPACTS LARRY BILY [email protected] JOE LANG [email protected] Page 8 ECO-SAFE PLASTICS & SOLVENTS GARY BROWN [email protected] JUSTIN LAUTERBACH [email protected] ROB CAREY [email protected] KATHY O’CONNOR [email protected] Page 9 DAVE CARLSON [email protected] RAFAEL TORRES [email protected] RISING AVIATION CLIMATE EMISSIONS MARK ESCHBACHER [email protected] CHRIS WARD [email protected] Page 9 WALTER HUNGARTER [email protected] CAD & GIS DATA INTEGRATION RICH JOHNSON [email protected] VISIT OUR WEBSITE WWW. RTENV.COM Page 21 WETLANDS/SUPREME COURT

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