Zephyr
The Newsletter of the Allegheny Mountain Section
of the Air and Waste Management Association
   Volume 25/ Issue 8/  October 2007 Our Sponsors | Advertisers | Luncheon | Events | Contact |  Home | 

The Zephyr

The Zephyr covers news and events of the Allegheny Mountain Section of the Air & Waste Management Association plus regional and national environmental news in the fields of air pollution, water, wastewater, solid waste and environmental management. The Zephyr is published monthly 10 times per year, around the first of the month as a service to Section members. Archive versions of previous editions for the last year can be found here. Print versions are mailed to Section members on request.

Contributions, questions, suggestions, or comments on the Zephyr are welcome and should be submitted by email to rmclaren @ city-net.com  Publication deadline is the 17th of the month for distribution around the first of the following month. The editors reserve the right reject or edit contributed articles as they feel appropriate.

In This Issue:
© Copyright 2007 Allegheny Mountain Section A&WMA. All rights reserved.     

 

From the Chair

Randy York, Chair
Allegheny Mountain Section

randall.york @ erm.com



Our Section Constitution and By-laws prescribe the actions to be taken by the Chair to transition the leadership into the next operating year. Accordingly, I have begun the officer election process by appointing the Nominating Committee. The following members have agreed to serve on the committee:

Shawn Mendt – Chairman (smendt@mbakercorp.com)
Joe Duckett (Joseph.Duckett@snclavalin.com)
John Fillo (John.Fillo@erm.com)

The nominating committee has been charged with the responsibility of nominating at least one candidate for each elective office. Acceptances by the nominees must be obtained before November 1. Offices to be filled will include Vice-Chair, Secretary, and Treasurer, each elected to a one-year term. Additionally, there are two vacancies for Board Members who are elected to a three-year term. I ask that any member of the Section who would like to take a more active role in the local operation of our A&WMA Allegheny Mountain Section contact the Nominating Committee, or me, to place your name in nomination. Alternately, please also let the Nominating Committee know if you have a friend or colleague who you think may be interested in discussing leadership opportunities in the Section.

Also in preparation of the leadership transition, at last month’s meeting, the Section Board of Directors conducted a vote of confidence in our current Vice-Chair, Scott Golla. The affirmative vote of confidence clears the way for Scott to take over the Chair’s position. In other Board activity, Arijit Pakrasi was appointed to serve out the unfinished Board term created when Kevin Faye stepped down. Arijit will serve until December 31, 2007.

Another transition has occurred in the Education Committee. Harilal Patel, who has served on the committee since 1993, has stepped down as Chair. Barb Hall, an active committee member for a number of years, will take over as Education Committee Chair. Please join me in expressing our sincere appreciation to Harilal for all of his hard work with Training Workshops and our Adopt-a-School Program over the years, and wishing Barb well as she takes over this important duty. I’m sure that Barb will be looking for new committee members as she ramps up for next year’s programs – please get in touch with Barb or me if you are interested pitching in to help.

Continuing the theme of “transitions”, Headquarters of A&WMA as distributed a request for nominations for A&WMA’s 2009 Board of Directors. Qualified candidates must have been members of the Association for at least three consecutive years. Nominations must be received by November 1, 2007. Please contact Stephanie Glyptis (sglyptis@awma.org) if you or a colleague may be interested in participating at the International level.

This is also the time of year that we can recognize exemplary achievement in the Association and in the Environmental Profession by submitting nominations for A&WMA Awards. Please visit www.awma.org/awards/ for more information. I encourage you to look at the various awards and to submit a nomination if you know of a deserving recipient. Please get in touch with me if you are interested.

Call me at 724-933-5444 or email me at randall.york@erm.com.


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Section News

News about and of interest to

members of the

Allegheny Mountain Section

Editor-in-Chief: Arijit Pakrasi, 412/858-3921, e-mail:Arijit.Pakrasi @ shawgrp.com

___________________________________


“Thanks For A Successful Centennial Conference”

As a direct result of the hard work and hospitality of the Allegheny Mountain Section, Pittsburgh’s hosting of the 2007 Centennial Conference of the Air & Waste Management Association was a big success. Lots of positive comments were heard about Pittsburgh itself, the Convention Center and the remarkably nice “environment” that greeted participants from around the world.

The highlights of the Conference included:

Near record attendance (2,600+), surpassing the attendance at the Indianapolis, Minneapolis and New Orleans meetings.
Almost 200 registrants from our Allegheny Mountain Section, including the NW PA and WV Chapters.
A record total of sponsorship contributions (most from local sponsors).
Sold out Exhibit Hall.
Excellent featured presentations by Lester Lave (CMU); Chuck Bunch (PPG); Christine Whitman (Former New Jersey Governor and U.S. EPA Administrator).
Many strong technical sessions, some of which were standing room only.
Nightly rounds of receptions and special events, including a moonlight river cruise and a morning after fun run.
Popular technical and social tours.
Special events for students, young professionals and variety of “outreach” organizations with similar interests to A&WMA.

Many thanks to more than 100 volunteer organizers, monitors and hosts who made the last week in June of 2007 a memorable experience for A&WMA and Pittsburgh.

Thanks to all!


Joe Duckett
Conference Chair



AMS Monthly Board of Directors Meeting Summary

The AMS Monthly Board of Directors Meeting was held at the ACHD Conference Room on September 10, 2007.
The Treasurer’s Report indicates that the Section is currently about $17K ahead of budget for the calendar year. Ed Moretti has contacted a financial advisor to perform an external review of the Section financial books and also review its investments.

Joe Duckett reported that the Heinz History Project is still moving forward in conjunction with the Pittsburgh 250 Project in 2008.

The AMS was presented with a Silver level sponsor award by Jamie for the 2007 ACE. Joe Duckett reported that a letter was sent to the Portland Section in support of their conference next year.

Education Council is looking for sections to look for webcast opportunities within the section. Currently there is no effective pipeline of ideas for webcast topics.
The Nine Mile Run Watershed Association is making a presentation at our Section lunch meeting. The Section voted to donate $100 to the Association but not to join.

Respectfully submitted,

Ron Huffman, Past Chair
On behalf of Meghan Blaney, Secretary.


Meet the Neighbors:


Over 20 local environmental non-profit and professional organizations participated in the Allegheny Mountain Section Outreach Booth at the A&WMA Convention last June. Two of these organizations were:


PA CleanWays of Allegheny County, is a non-profit organization that helps people who are ready to take action against illegal dumping and littering in their communities. Their core programs revolve around cleanups, adoptions and education. This past summer they sponsored "Tireless Fridays" riverbank cleanups where over 140 volunteers collected 12.5 tons of trash and removed 185 tires from the shores of the three rivers. Their website is http://www.pacleanways.org/allegheny/

Venture Outdoors, is a not-for-profit organization dedicated to making the outdoor recreation community a vibrant centerpiece of this region. In partnership with existing outdoor organizations, Venture Outdoors provides opportunities for the public to participate in many types of outdoor recreation activities including hiking, biking, paddling and more. Their website is http://www.ventureoutdoors.org


_________________________

Internet Site Review

Internet Sites of Interest to Environmental Professionals
with Kim Walker

You can contact me at Kimberly.walker @ erm.com

___________________________________


Environmentalresearchweb by the Institute of Physics

http://environmentalresearchweb.org/cws/home

Environmentalresearchweb is a central source of information on issues from global warming to waste management to renewable energy sources, covering all of environmental science with articles by leading environmental scientists from academia and industry. The site combines news articles on current issues with opinion pieces, links with environmental journals, a comprehensive database of organizations in the field and an up-to-date events calendar.
“Environmentalresearchweb will provide people with much more in depth information on, for example the science behind climate change and other environmental issues and enable them to learn more about what is being done to tackle these problems,” stated Liz Kalaugher, website editor.
Hot topics on the website include content relating to sustainability, climate change, and information on the latest research being conducted. Log on and register, as membership to the site is free. Members will gain free access to premium content, receive a weekly newsletter and be able to update the site with their comments and details of upcoming environmental events.

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A Word on Water

The Latest News on Water, Wastewater
and Related Topics
with Susan Z. Forney,
susan.zummo.forney@shawgrp.com

___________________________________

New Guidance on Watershed Permitting
EPA has published a new technical guidance that will help integrate National Pollutant Discharge Elimination System (NPDES) permits into watershed management plans. "Watershed-Based NPDES Permitting Technical Guidance" is a follow up to the 2003 implementation guidance and leads permitting interested parties through the analysis of watershed data and developing a framework for implementing an NPDES program.
The guidance supports approaches to permitting that may help target the watershed's most pressing environmental needs. The approaches will help achieve water quality-based effluent limitations based on water quality standards while providing opportunities for cost reductions and improved efficiencies such as water quality trading. The guidance includes case studies describing how watershed approaches involving NPDES permitting have been implemented across the country.
The agency is accepting comments on the guidance on a continuing basis.
For an electronic copy of the guidance: www.epa.gov/npdes/watersheds

EPA APPROVES PENNVEST'S INNOVATIVE WATER QUALITY TRADING APPROACH
Pennvest (Pennsylvania Infrastructure Investment Authority) received EPA approval on July 26, to use an innovative financing approach using Clean Water State Revolving Fund (CWSRF) money to buy, sell, and create water quality trading credits. Such trading programs reduce the costs of improving and maintaining water quality while accelerating the pace and success of cleaning up impaired rivers, streams, and lakes. Pennvest's water quality trading plan is the first in the country to use CWSRF funds to invest in the purchase and sale of pollution trading credits and in building best management practices that will generate these credits. For more information on water quality trading, go to http://www.epa.gov/OWOW/watershed/trading.htm


To learn more about Pennvest, go to http://www.pennvest.state.pa.us/pennvest/cwp/view.asp?A=2&Q=70934

EPA Issues New Technical Document on Using Load Duration Curves in the
Development of TMDLs

EPA recently issued a new technical document called "An Approach for Using Load Duration Curves in the Development of TMDLs." This document provides an overview on the use of duration curves for developing Total Maximum Daily Loads (TMDLs). The duration curve approach allows for characterizing water quality conditions at different flow regimes. The method provides a visual display of the relationship between stream flow and water quality.

The EPA document describes basic steps needed to develop duration urves, which identify loading capacities, load and wasteload allocations, margins of safety, and seasonal variations. It is written for TMDL practitioners who are familiar with relevant technical approaches and legal requirements. The guide also discusses some considerations and limitations in using the approach and includes several case examples.

Related to this, in November 2006, EPA issued a memorandum http://www.epa.gov/owow/tmdl/dailyloadsguidance.html, entitled, "Establishing TMDL Daily Loads in Light of the Decision by the U.S. Court of Appeals for the D.C. Circuit in Friends of the Earth, Inc. v. EPA et. al., No. 05-5015 (April 25, 2006) and Implications for NPDES Permits" that clarified EPA's expectations concerning the appropriate time increment used to express TMDLs in light of the recent decision. The memorandum also indicated that additional technical information would be forthcoming, such as this 74-page technical document, http://www.epa.gov/owow/tmdl/duration_curve_guide_aug2007.pdf.


ELECTRONIC-BASED TOOL IDENTIFIES COST-EFFECTIVE FUNDING FOR WASTEWATER OR DRINKING WATER MANAGEMENT PROJECTS
In the quest to restore the nation's waters, states, local governments, nonprofit organizations and others can seek financial assistance through federal programs designed to address current and future water pollution control challenges. The EPA Financing Alternatives Comparison Tool (FACT) is a new tool that can be downloaded to help municipalities, utilities, and environmental organizations identify the most cost effective method or financing option to fund a wastewater or drinking water management project. To download FACT, go to http://www.epa.gov/owm/cwfinance/cwsrf/fact.htm
To learn more about EPA's options for Clean Water financing, go to http://www.epa.gov/owm/cwfinance/index.htm

New Water Quality Trading Guide Available

A new EPA publication will help the regulated community design and implement voluntary water quality trading programs consistent with EPA's 2003 National Water Quality Trading Policy. This new guide will provide stakeholders with detailed guidance on the fundamental concepts of trading which can accelerate water quality improvement and reduce compliance costs.

"EPA's Trading Toolkit is the first-ever how-to manual on water quality trading," says Assistant Administrator for Water Benjamin H. Grumbles. "This toolkit will be useful not only for permit writers but for anyone interested in designing a trading program to improve water quality. It is part of EPA's efforts to support and encourage innovation for water quality progress."

Water quality trading is a voluntary option that regulated point sources can use to meet requirements under the Clean Water Act. The Water Quality Trading Toolkit for Permit Writers provides permitting authorities with the tools they need to incorporate trading provisions into required permits. The guide is focused on trading nitrogen and phosphorus, but other pollutants may be considered for trading on a case-by-case basis. The toolkit discusses the fundamental concepts of designing and implementing trading programs including the relevant geographic scope, effluent limitations, and other factors involved in defining a credit. The document also includes a set of appendices that feature detailed case studies based on actual trading programs.

EPA is interested in public comment on the toolkit. Comments received through the document's Web site will be considered for future updates.

The toolkit, a Web-based document, is available on the EPA's Water Quality Trading Web site at http://www.epa.gov/owow/watershed/trading/WQTToolkit.html.

A limited number of hard copies are also available through the National
Service Center for Environmental Publications.

EPA Releases Operator Training Guidelines for State Underground Storage Tank Programs

The EPA has released the final operator training grant guidelines at http://epa.gov/oust/fedlaws/final_ot.htm for states that implement a key provision of the underground storage tank amendments of the Energy Policy Act of 2005. The operator training grant guidelines describe the minimum requirements states must meet in order to comply with the operator training provision contained in the Energy Policy Act.

The guidelines establish three distinct classes of underground storage tank operators, describe how and when states will implement the guidelines, and discuss when operators must be trained. The guidelines include a description of the classes of operators, required training for each class of operator, deadlines when operator training is required, and examples of acceptable state approaches to operator training. In order for states to comply with these requirements, they must develop state-specific operator training requirements by Aug. 8, 2009, and ensure that all three classes of operators are trained according to state-specific requirements by Aug. 8, 2012.



EPA Seeks Nominations for National Drinking Water Advisory Council

EPA is seeking nominations for qualified people to serve a three-year term as members of the National Drinking Water Advisory Council.
This 15-member council was established by the Safe Drinking Water Act (SDWA) to provide practical and independent advice, consultation and recommendations to the agency on the activities, functions, policies and regulations required by the SDWA.
The terms of five members expire in December 2007. To maintain the representation required in the statute, nominees for the 2008 council should represent state and local officials concerned with public water supply and public health protection (three vacancies), the general public (one vacancy) and interest groups (one vacancy).
The current list of members is available at http://www.epa.gov/safewater/ndwac.
The deadline for nominations is Oct. 15. More information can be found in a Sept. 13 Federal Register notice at http://www.epa.gov/fedrgstr/EPA-WATER/2007/September/Day-13/w18065.htm



EPA Report Offers Mixed Review of Everglades' Ecological Health

On Sept. 19, EPA released a report documenting the ecological condition of the entire 2,063-square-mile freshwater portion of the publicly owned Everglades. Mercury contamination was a major focus of the study, and the results are mixed.

The report documents the third phase of an 11-year study of the Everglades marshes, which determined that mercury in prey fish is declining while phosphorous contamination of soil has increased.

Ecological stressors on the Everglades, such as poor water management, soil loss, water quality degradation and mercury contamination, are often interrelated. EPA recommends that efforts to manage water quality and pollutants, such as mercury, phosphorous and sulfur, be integrated to prevent further degradation.

The study is part of the Everglades Ecosystem Assessment Program, an innovative, long-term research, monitoring and assessment effort. Since 1993, three phases of marsh sampling and one phase of canal sampling have been conducted throughout the Everglades at more than 1,000 locations. Its goal is to provide critical, timely, scientific information needed for management decisions on the Everglades ecosystem and its restoration.

The report and more information on the Everglades Ecosystem Assessment Program are available at http://www.epa.gov/region4/sesd/reports/epa904r07001.html.

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In the Air

News of Air Pollution Control
and Air Related Issues
with Martha Kwiatkowski

You can contact Martha at MK @ ams-awma.org

___________________________________

Flexible Air Permits Proposed to Prevent Pollution and Paperwork

EPA is proposing changes to air quality permitting rules to encourage pollution prevention; provide increased flexibility, enable industrial facilities to make rapid changes to respond to market demands; save resources for state permitting authorities, and improve public information.

The proposed changes would affect both EPA's operating permits and New Source Review (NSR) programs. Under the proposed changes to the operating permits program, a facility with a flexible permit would explain its operational plans and possible changes to those plans for the duration of the permit term – typically 5 years. The air quality permitting authority would include permit conditions to ensure protection of public health and the environment for all of those operating conditions. These flexible permits do not provide approval for operational changes not within the scope of conditions considered at the time of the permit application, and facilities would still be required to meet their requirements under the Clean Air Act.

The proposed revisions to the NSR program would govern when advance approvals of certain changes would be appropriate. EPA and states have been testing many of the flexible permitting approaches for more than a decade. Based on the agency's evaluation of pilot projects, EPA expects that these proposed changes will promote significant environmental and economic benefits, while reducing administrative workload for both permitting authorities and facilities.

EPA will accept comment on this proposed rule for 60 days after it is published in the Federal Register. See http://www.epa.gov/nsr/actions.html#aug07

National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources and Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources

As published in the September 17, 2007 (Volume 72, Number 179) Federal Register EPA is proposing national emission standards for hazardous air pollutants for iron foundries, steel foundries and for area sources engaged in paint stripping and miscellaneous surface coating operations. Comments must be received on or before October 17, 2007.

EPA Proposes Measures to Address Direct Emissions of Fine Particulates

EPA is proposing options for calculating key program elements in implementing the Prevention of Significant Deterioration (PSD) program for fine particle pollution in areas that meet clean air standards.

The PSD program uses three key measures to make this determination: increments, significant impact level (SIL), and significant monitoring concentration (SMC). The proposal presents options for how to calculate each of these measures for PM2.5. EPA will accept comments on the proposal for 60 days after publication in the Federal Register. See: http://www.epa.gov/nsr/fs20070912.html

New Study: Smog Poses Greater Health Risk Because of Global Warming

People living in 10 mid-sized metropolitan areas are expected to experience significantly more "red alert" air pollution days in coming years due to increasing lung-damaging smog caused by higher temperatures from global warming.

The analysis uses data from the 2007 journal Climatic Change, which looks at climate change, ambient ozone, and public health in U.S. cities. The study, "Heat Advisory: How Global Warming Causes More Bad Air Days, projects that higher temperatures mean more smog for a given level of precursor emissions. See: http://www.nrdc.org/globalwarming/heatadvisory/contents.asp

Court Overturns EPA Incinerator Rule

A federal court June 8 overturned EPA's plan to exempt tens of thousands of waste incinerators from the protective controls that the Clean Air Act requires.

EPA had argued that it could set far less protective standards for these incinerators by treating them as though they were "boilers" or "process heaters" that burn only fossil fuels. The court rejected that argument, making clear that facilities that burn waste are incinerators and must meet the Clean Air Act's highly protective incinerator standards.

The court's decision also will require EPA to redo its rules for thousands of industrial boilers and process heaters that burn fossil fuel. Among the provisions vacated by the ruling was a controversial decision by EPA to allow sources to avoid controlling their emissions of hydrochloric acid and several other air pollutants that Congress had listed as "hazardous" in the Clean Air Act. See: http://www.earthjustice.org/library/legal_docs/court-shuts-down-illegal-epa-incinerator-rule.pdf

Proposed Nuclear Reactors Prompt NEPA Review Process

EPA recently met with representatives of the Nuclear Regulatory Commission (NRC) to review the permitting review process for new reactors under the EPA National Environmental Policy Act (NEPA). The NRC is anticipating to license 20 new reactors in the next 5 years and has been conducting stakeholder meetings nationwide in preparation. NEPA regulations require EPA to document, for review, the potential environmental impact of a nuclear reactor or other facilities through an environmental assessment, or environmental impact statement. http://www.epa.gov/reg3esd1/nepa/

How Clean is Your Air?

Now, you can become an informed breather. EPA recently released "AirCompare," a tool that compares air quality and related health concerns for up to 10 counties or 3 states at a time. AirCompare uses EPA's Air Quality Index to explain air quality and pollution from a health perspective to help people make informed decisions about moving, vacationing, or living in different areas of the country. A user selects criteria and a chart is created to show whether the previous year's air quality was healthy or unhealthy for specific groups more susceptible to pollution, such as those with lung or heart disease or active outdoor lifestyles. To use AirCompare, see http://www.epa.gov/aircompare/.

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International
Focus

News of Environmental Trends and Regulations
in Other Countries

with Kim Walker

You can contact me at Kimberly.walker @ erm.com

___________________________________


Pollution Causes 40 Percent of Deaths

David Pimentel, Cornell professor of ecology and agricultural sciences, and a team of Cornell graduate students examined data from more than 120 published papers on the effects of population growth, malnutrition, and various kinds of environmental degradation on human diseases. The Cornell researchers concluded that about 40 percent of deaths worldwide are caused by water, air, and soil pollution. Their research concluded that environmental degradation coupled with the growth in world population are the major causes behind the rapid increase in human diseases that has been recently reported by the World Health Organization. Both of these factors contribute to the malnourishment and disease susceptibility of about 3.7 billion people. "We have serious environmental resource problems of water, land, and energy, and these are now coming to bear on food production, malnutrition, and the incidence of diseases," said Pimentel.

Of the world population of about 6.5 billion, 57 percent is malnourished, compared with 20 percent of a world population of 2.5 billion in 1950, said Pimentel. Malnutrition is not only the direct cause of 6 million children's deaths each year but also makes millions of people much more susceptible to such other killer diseases such as acute respiratory infections, malaria, and a variety of other life-threatening diseases, according to the research.

The study included the following pertinent points:

Nearly half the world's people are crowded into urban areas, often without adequate sanitation, and are exposed to epidemics of such diseases as measles and flu.
With 1.2 billion people lacking clean water, waterborne infections account for 80% of all infectious diseases. Unsanitary living conditions account for more than 5 million deaths each year, of which more than half are children.
Air pollution from smoke and various chemicals kills 3 million people a year.
Soil is contaminated by many chemicals and pathogens, which are passed on to humans through direct contact or via food and water. Increased soil erosion worldwide not only results in more soil being blown but spreading of disease and various toxins.

"A growing number of people lack basic needs, like pure water and ample food. They become more susceptible to diseases driven by malnourishment, and air, water, and soil pollutants," Pimentel concludes. Adding to the concern is that more microbes are becoming increasingly drug-resistant. Global warming coupled with changes in biological diversity, are influencing parasite evolution and the ability of exotic species to invade new areas. As a result, diseases such as tuberculosis and influenza are re-emerging as major threats. Additionally, new threats including West Nile virus and Lyme disease have developed.
(Source: online version of the journal Human Ecology available at http://www.springerlink.com/content/101592/, to be published in the December print issue)

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Solid Waste Views

with John Scrabis, P.E.

You can contact me at: jmscrabis @ mactec.com

___________________________________

EPA Pushes Procurement of Materials from Recovered Waste

The U.S. Environmental Protection Agency is revising the list of items designated in the Comprehensive Procurement Guidelines’ landscaping products category to promote the use of materials recovered from solid waste. EPA is expanding the description of “compost” from yard trimmings and food waste to include compost from biosolids and manure, but does not limit the designation to specific types of organic materials. In addition, EPA has added fertilizer made from recovered materials as a designated landscaping item.

The Resource Conservation and Recovery Act requires procurement officials to buy products containing recovered materials when the agencies spend more than $10,000 a year on that item. Procuring agencies are federal, state, and local agencies, and their contractors that use appropriated federal funds. For example, if a county agency spends more than $10,000 a year on an EPA-designated item and part of that money is from appropriated federal funds, then the agency must purchase that item made from recovered materials. Agencies are required to purchase the product with the highest recovered material content level practicable, given reasonable competition, product price, performance, and availability. Through the CPG requirement, EPA is harnessing the purchasing power of the federal government to foster and support markets for recycled-content products, thereby reducing the need for raw materials, consumption of energy, and the release of greenhouse gas emissions.

The rule should be published in the Federal Register within the next two weeks.

More on the Recovered Materials Advisory Notice (RMAN) that outlines changes to the list of items designated in the CPG landscaping products category: http://www.epa.gov/epaoswer/non-hw/procure/rman5.htm

Information on EPA’s Comprehensive Procurement Guidelines Web site: http://www.epa.gov/cpg
Contact Information: Roxanne Smith, (202) 564-4355 / smith.roxanne@epa.gov

Congressional Research Report: RL34147
Managing Electronic Waste: An Analysis of State E-Waste Legislation


Pursuant to the Resource Conservation and Recovery Act (RCRA), the U.S. Environmental Protection Agency (EPA) has established regulations regarding the disposal of hazardous wastes. Although there are federal requirements under RCRA for the management of hazardous waste, some states have opted to implement more stringent requirements -- particularly with regard to the management of certain hazardous wastes generated by households and small businesses (entities that are essentially exempt from RCRA's hazardous waste management requirements). One category of household hazardous waste that many states are choosing to regulate more strictly is electronic waste, commonly referred to as "e-waste." E-waste generally refers to obsolete, broken, or irreparable electronic equipment like televisions, computers and computer monitors, laptops, printers, cell phones, copiers, fax machines, stereos, or video gaming systems. Cathode ray tubes (CRTs) in televisions and computer monitors have presented a particular concern to states, primarily due to the potentially significant amounts of lead they contain and the large numbers in which they are generated. State concerns specific to the landfill disposal or incineration of e-waste are largely due to its increasing volume and often bulky nature; hazardous constituents, such as lead and mercury, it may contain; its high cost of recycling; and the inability of interested stakeholders, such as electronics retailers and manufacturers, to reach consensus on how to voluntarily implement a national e-waste management system. States have responded to this concern by enacting their own e-waste management laws. Requirements of those laws range from a ban only on the landfill disposal or incineration of designated e-wastes to the implementation of a full e-waste collection, transportation, and recycling system. To date, 13 states have enacted some form of e-waste management law (as many as 20 states proposed e-waste laws in 2006 and 2007). Although the goal of each law is similar -- to avoid landfill disposal and incineration of certain types of e-waste -- approaches taken to achieve that goal differ significantly. However, most state laws and proposals have certain broad elements in common, such as specifying the electronic devices covered under the law; how a collection and recycling program will be financed; collection and recycling criteria that must be met to minimize the impact to human health and the environment; and restrictions or requirements that products must meet to be sold in the state. As more states propose e-waste legislation, potentially regulated stakeholders (particularly electronics manufacturers and retailers) have expressed concern that they will be required to comply with a patchwork of state requirements throughout the United States. This concern has led to an increased call for federal legislation regarding e-waste management. To help policy makers better understand the impact of state e-waste legislation, this report discusses issues that have led to state action, common elements in state-waste laws and proposals, and an overview of each enacted state law. For more information go to http://www.opencrs.com/document/RL34147/2007-09-10%2000:00:00

EPA Reports on Treatment Technologies for Mercury in Soil, Waste, and
Water

This report (http://www.clu-in.org/s.focus/c/pub/i/1464/) contains information on the availability, performance, and cost of eight technologies for the treatment of mercury in soil, waste, and water. It describes the theory, design, and operation of the technologies;
provides information on commercial availability and use; and includes site-specific data on performance and cost, where available. This information can help managers at sites with mercury-contaminated media and generators of mercury-contaminated waste and wastewater to:

Identify proven and effective mercury treatment technologies;
Screen technologies based on application-specific goals, characteristics, and cost; and
Apply experiences from sites with similar treatment challenges.

The technologies for soil and waste that are included in the report are solidification and stabilization, soil washing and acid extraction, thermal treatment, and vitrification. Technologies for water include precipitation/coprecipitation, adsorption, membrane filtration, and biological treatment. The report also includes information on ongoing
research on mercury treatment, including applications using nanotechnology, phytoremediation, air stripping, and in situ thermal desorption.


$1 Million Available to Help Pennsylvania Businesses Increase Use of Recyclable
Material

To make the demand for recyclable materials even stronger, Pennsylvania Governor Edward G. Rendell announced that the state is making $1 million available to manufacturers so they can buy equipment that increases their use of recycled content in finished products. "We are investing in innovative Pennsylvania companies that are helping us use environmental protection to improve the state's economy," Governor Rendell said. "This $1 million will help companies that are finding new ways to use more types of recyclable materials than ever before. Recycling is growing in Pennsylvania, and Pennsylvania is investing in the future of recycling."

Pennsylvania continues to benefit from the record-setting collection of cans, bottles, office paper, and other recyclable materials. These recyclable materials, used by manufacturers to produce new goods, are preserving our natural resources and creating jobs in every corner of the state. Last year's recipients of Recycling Markets Infrastructure Development grants leveraged the state's $927,000 investment with more
than $3 million of their own capital.

The Recycling Markets Infrastructure Development program awards grants of up to $500,000 for the purchases of machinery or equipment that will increase consumption of recyclable materials recovered in Pennsylvania. The grants are made to businesses and nonprofit organizations that will manufacture a product or reuse an existing product using recyclable materials.

Pennsylvanians recycled a record 4.86 million tons of municipal waste in 2005, the latest year for which statistics are available. The economic value of those materials was estimated at $577.4 million. The estimated value of avoided disposal costs was more than $262.7 million, most of which would have been paid by local governments and taxpayers.

Applications for Recycling Markets Infrastructure Development grants will be accepted until November 1. For more information on the Recycling Markets Infrastructure Development Grant program, or to obtain a grant application, visit
http://www.ahs.dep.state.pa.us/redirector?varURL=http://www.depweb.state.pa.us, keyword: Market Development


Supreme Court Clarifies Rights of PRPs to Recover Costs from Other PRPs

A recent ruling by the U.S. Supreme Court has clarified that parties who voluntarily clean up contaminated property may sue to recover their cleanup costs from other potentially responsible parties (“PRPs”) under section 107(a) of CERCLA. The decision confirms that PRPs may pursue such claims against the United States at sites where a federal agency is a PRP. For more information go to: http://www.martenlaw.com/news/?20070613-cleanup-cost-recovery

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ENVIROCABULARY

Environmental Acronyms, Obscure Words
and Other Lingo
with Kim Walker

You can contact me at Kimberly.walker @ erm.com

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Each month, the Envirocabulary staff will scour the latest environmental literature for new and breaking terms of interest to our readers. This month's term is…



Rill: A small channel eroded into the soil by surface runoff; can be easily smoothed out or obliterated by normal tillage.

(Source: Environmental Protection Agency Terms of Environment:Glossary, Abbreviations and Acronyms, http://www.epa.gov/OCEPAterms/oterms.html)

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P2 Forum

News on Pollution Prevention,
Recycling and Related Issues
with Michael Stepaniak

You can contact me at michaels @ ccicenter.org

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This Month:

ASHRAE Publishes Energy Performance Comparison Standard

Guide to the Business Case and Benefits of Sustainability Purchasing

SustainLane Provides Ways to Become Green

ASHRAE PUBLISHES ENERGY PERFORMANCE COMPARISON STANDARD - A common basis for reporting building energy use and comparison of energy performance is now available in a new standard from the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE). ANSI/ASHRAE Standard 105-2007, Methods of Measuring, Expressing, and Comparing Building Energy Performance, provides a system of energy performance comparison that not only can be used for any building, proposed or existing, but also allows different methods of energy analysis to be compared. This helps facilitate comparison, design, and operation improvements and the development of building energy performance standards, according to the chair of the committee that wrote the standard. This standard provides a framework for assuring access by all interested parties to performance comparison or rating methods that are developed. The biggest change to the standard, last published in 1999, is the inclusion of building energy performance comparison, which is vital for energy efficiency efforts worldwide. Past versions of the standard provided a basis for reporting energy use but had limited ability to express or compare performance. Existing standards and building rating systems include requirements related to energy performance comparison. The guidance in the standard progresses from the energy use index (total annual energy use per square foot) to other indexes, such as energy use per hospital bed, followed by performance comparison frameworks. The standard also identifies key characteristics that users should consider reporting when performance comparisons are of interest, such as the number of workers, weekly hours of operation, and annual cooling and heating degree-days. The cost of ANSI/ASHRAE Standard 105-2007, Standard Methods of Measuring, Expressing, and Comparing Building Energy Performance, is $36 (or $30 for members). For detailed information regarding the guide visit http://www.ashrae.org/bookstore.

GUIDE TO THE BUSINESS CASE AND BENEFITS OF SUSTAINABILTY PURCHASING – Established in 2005, the Sustainability Purchasing Network (SPN) supports organizations in their efforts to develop and improve their sustainability purchasing practices. The goal of the SPN is to ultimately influence positive environmental, social, ethical, and economic impacts in Canada and beyond. Recently, SPN published the Guide to the Business Case Benefits of Sustainability Purchasing. The Guide was produced to help organizations understand the triple bottom line benefits (financial, social and environmental) and costs of sustainability purchasing. As with any new business decision, cost-benefit information can help support decision-making at the board, executive, departmental, and end-user levels. The Guide outlines the business case benefits and costs for sustainability purchasing and identifies important process considerations that impact the business case, such as the cost of designing and
managing a sustainability purchasing program, and the benefits of using “total cost of ownership” or life cycle assessment processes in purchasing. Sections include: Making the most of the Guide; Background and Introduction; Benefits of Sustainability Purchasing; Costs of Sustainability Purchasing; Resources; and Appendices. For information on the Sustainability Purchasing Network visit their website at http://www.buysmartbc.com/. To view the Guide go to http://www.resourcesaver.org/file/toolmanager/CustomO16C45F80161.pdf.

SUSTAIN LANE PROVIDES WAYS TO BECOME GREEN – SustainLane, is an internet and media company dedicated to empowering consumers, businesses, and government to go green through three key offerings: SustainLane.com, The Unsustainables, and SustainLane Government. Founded in 2004, the company began by publishing the first ranking on US city sustainability providing unprecedented awareness and access to the topic. Today, SustainLane makes it easier to go green by helping consumers, businesses, and government share what they know about going green. SustainLane Government’s knowledge base is open to the public. Individuals can search and browse sustainability best practices whether they’re a government or citizen practitioner. The open-source knowledge base speeds discovery, research, and networking with more than 105 best practice documents and a secure directory of participating government officials from over 400 cities, counties, and states

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Compliance Corner

What's New with Regulatory Compliance,
Environmental Management
and Related Issues
with Dan Hagerty, CHMM

You can contact me at daniel_hagerty @ hotmail.com


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EPA Releases List of High-Volume Chemicals

EPA has released the first set of Hazard Characterizations on 101 High Production Volume (HPV) chemicals. These characterizations are based on EPA’s scientific review of the screening-level hazard, or toxicity, data that was submitted by the U.S. chemical industry through EPA’s HPV Challenge Program or other information previously collected by the agency.

The HPV Challenge Program encouraged companies to provide the public with basic health and safety data on chemicals that are manufactured in excess of a million pounds a year. The hazard characterizations include a summary of the data submitted, EPA’s evaluation of the quality and completeness of the data, and an assessment of the potential hazards that a chemical or chemical category may pose. EPA will combine this information with human and environmental exposure information collected from EPA’s Inventory Update Reporting to develop a risk characterization and, based on that review, determine if additional action is needed to ensure the safety of the HPV chemicals’ manufacture and use.

The agency intends to use this approach to identify and assess risks as well as take needed action on 3,000 HPV chemicals by 2012. This was one of the elements of the North American chemical cooperation commitment announced by the United States, Canada, and Mexico at the Security and Prosperity Partnership North American Leaders’ Summit in Canada in August. For additional information on this announcement, visit the HPV Challenge Program website at www.epa.gov/hpv .

EPA will continue to prepare and periodically post additional HPV chemical hazard characterizations as they are developed. The agency intends to post risk characterizations on chemicals when they are developed and completed, beginning later this year. To view the first set
of hazard characterization, visit http://iaspub.epa.gov/oppthpv/hpv_hc_characterization.get_report. For further information on EPA’s plans for reviewing HPV chemical data, see http://www.epa.gov/chemrtk/index.htm .

EPA Makes Toxics Release Inventory Data Available

EPA has made available the electronic-Facility Data Release query tool for reporting year 2006, (RY06) toxic release inventory (TRI) data. This tool provides access to facility level, form-by-form TRI data but does not include TRI data analysis, such as national trend analyses. These trends will be available in the spring Public Data Release after undergoing extensive data quality checks.

The RY06 e-FDR incorporates the changes finalized in the North American Industry Classification System (NAICS) Rule (71 FR 32464; June 6, 2006) and the TRI Burden Reduction Rule (71 FR 76932; December 22, 2006). For example, the NAICS Rule requires facilities to report NAICS codes instead of Standard Industrial Classification (SIC) codes, and the Burden Reduction Rule expands the eligibility to use Form A in lieu of the more detailed Form R.

A New Era in Environmental Chemical Testing: ToxCast™ Phase I Chemicals

Riding the wave of the future, EPA's ToxCast™ program looks to revolutionize the agency's chemical toxicity evaluation procedures.

EPA's National Center for Computational Toxicology has released a list of 340 chemicals that will be evaluated under Phase I of the ToxCast™ research program. This three-phased program sets priorities for toxicity testing of environmental chemicals in order to more efficiently obtain critical information necessary to protect people and the environment.

"When complete, the ToxCast™ Program will allow EPA to test thousands of environmental chemicals quickly for harmful effects. EPA will enter a new era of environmental chemical testing, which will allow the agency to better protect human health and the environment," said Dr. George Gray, assistant administrator for the Office of Research and Development.

Under Phase I of ToxCast™, the chemicals will be examined in hundreds of different rapid computer tests referred to as high throughput screening (HTS) bioassays. Phase I will be used to create chemical signatures of compounds. These chemical signatures will then be compared to known toxicity data in this proof-of-concept phase. It is expected that patterns will emerge that are predictive of compounds that could cause harm to people and the environment. Results of Phase I are expected in 2008, and will be posted on the ToxCast™ Web site.

Phase II will involve a larger, more diverse set of chemicals to test the predictability of patterns identified in Phase I. In Phase III, ToxCast™ will expand the list to thousands of environmental chemicals, delivering an affordable, science-based system for decision-makers.

In May 2007, the National Academy of Sciences released a report calling on EPA and other federal scientific agencies to use advances in computers, genomics, and cellular biology to speed up toxicity testing. The ToxCast™ Program, which began in 2006, implements many of the report's recommendations.

What Causes Hazardous Material Transport Incidents?

The Department of Transportation has issued a report on the sources of hazardous material (hazmat) incidents for the second quarter of 2007. During this period, drops caused the largest number of hazmat incidents (970); followed by human error (956); and loose closures, components, or devices (832). Forklift accidents caused 695 hazmat incidents and inadequate blocking and bracing caused 644. There were more than 8,000 incidents reported during the quarter, which lead to almost $3.5 million in damages and two fatalities caused by rollovers. The hazardous material involved in the greatest number of incidents was paint and paint-related materials. Interestingly, there were 393 hazardous material incidents reported involving fire extinguishers, which accounted for 3.63 percent of the total number of accidents reported. The largest number of injuries was caused by cresols (22), followed by sodium hypochlorite (9), and gasoline (4).

The largest number of hazmat incidents occurred in Ohio (701), followed by California (697) and Texas (657). Kentucky and Florida topped the list of states with the greatest amount in damages, at almost $3.3 and $3.5 million, respectively. To prevent hazardous material incidents at your facility, ensure all of your shipping and receiving personnel receive hazardous material training.

EPA Grants TSCA Section 21 Petition On Nonylphenol And Nonylphenol Ethoxylates

On September 5, 2007, the U.S. Environmental Protection Agency (EPA) issued its response to the Toxic Substances Control Act (TSCA) Section 21 petition submitted by the Sierra Club, the Environmental Law and Policy Center, the Pacific Coast Federation of Fishermen’s Associations, the Washington Toxics Coalition, Physicians for Social Responsibility, and UNITE HERE on June 6, 2007. The petitioners requested that EPA require manufacturers and importers to conduct certain health and safety studies under TSCA Section 4; and also require, under TSCA Section 6(a), labeling on all products containing nonylphenol (NP) and nonylphenol ethoxylates (NPE), and limit the use of NP and NPEs where the use of these substances presents an unreasonable risk to public health and the environment.. EPA announced that it is granting the petitioners’ request to initiate a proceeding for chronic aquatic toxicity testing under TSCA Section 4 and will also request comment on potential additional testing related to certain of the petitioners’ requests. EPA denied the petition in regard to TSCA Section 6 and to the remaining specific TSCA Section 4 requests. EPA denied the other request in the petition claiming that petitioners failed to meet their TSCA burden.


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