Zephyr
The Newsletter of the Allegheny Mountain Section
of the Air and Waste Management Association
   Volume 25/ Issue 7/  September 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




Back to School Sales. Steeler preseason. College Football rankings. It can only mean one thing - summer is winding down. While the summer hiatus is normally a very quiet time for the Section, this year, it was an incredibly busy time. Two years of hard work culminated in one of the most successful A&WMA Annual Conference and Exhibitions in recent years. Kudos to Joe Duckett, Jayme Graham, all of the committee chairs, committee members, and volunteers who graciously donated tons of time and effort to make the conference the success that it was.

Section activities will be picking up momentum quickly. The Program committee is ready for a great slate of monthly luncheons, and we will be heading into the annual transition of the section leadership. The Zephyr returns with this issue.

The heart of this (and any) volunteer organization is the personal effort and drive of the members who give their time and energy to the activities of the organization. For every great meeting or event, there are many volunteers who made it happen. The other key component of a volunteer organization is the leadership. These are people who step up to lead the Section and run the essential programs year after year. Very soon, the Nominating Committee will reconvene and will be looking for people to run for the Section offices and Board positions. Our Section Vice-Chair, Scott Golla move automatically to the Chair position. We retain two thirds of our Board members. The rest will be nominated and voted into the offices and Board positions later this year.

I would like to recognize is the permanent committees. These are the people in the trenches doing the work that needs to go on year after year. If you are interested in running for one of the Section offices or Board, please contact me. If you are interested in working on one of the committees, please contact me by calling or emailing at the contact information below.
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

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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:

Group Against Smog and Pollution (GASP) is a non-profit citizens' group in Southwestern Pennsylvania working for a healthy, sustainable environment. Founded in 1969, GASP has been a diligent watchdog, educator, litigator, and policy-maker on many environmental issues, with a focus on air quality in the Pittsburgh region. Their website is http://www.gasp-pgh.org.

The Pennsylvania Resources Council, (PRC) established in 1939, is one of Pennsylvania's oldest citizen action environmental organizations. Recognized as a state and national leader in waste reduction and recycling, their work also focuses on litter and visual blight prevention, watershed awareness, and composting. PRC conducted the Household Hazardous Waste Forum held in conjunction with the A&WMA Convention. Their website is http://www.prc.org.



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Internet Site Review

Internet Sites of Interest to Environmental Professionals
with Kim Walker

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

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EPA Launches Pharmaceuticals & Personal Care Products Web Site
www.epa.gov/ppcp

Public interest in pharmaceuticals in the environment is growing even though pharmaceuticals and personal care products as pollutants (PPCPs) have probably been present in the environment and in our water for as long as we have been using them. Improved technology has enhanced our ability to detect and quantify these chemicals, and we can now begin to identify what effects, if any, these chemicals have on human and environmental health. EPA launched a new Web site for use by the general public and by scientists, titled "Pharmaceuticals and Personal Care Products as Pollutants," at www.epa.gov/ppcp. The new website incorporates commonly asked questions about pharmaceuticals in the environment, and includes the White House policy on proper drug disposal, links to on-going EPA and federal research and initiatives, and links to scientists working in the field and related scientific literature.

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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

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EPA, Army Corps Issue Joint Guidance to Sustain Wetlands Protection Under Supreme Court Decision

EPA and the U.S. Army Corps of Engineers issued joint guidance for their field offices to ensure America's wetlands and other water bodies are protected under the Clean Water Act (CWA).

EPA and Corps staff also will use the guidance when taking enforcement actions under the CWA. The guidance clarifies those circumstances under which a person may need to obtain a CWA Section 404 permit before conducting activities in wetlands, tributaries, and other waters. Individual tribal, state, and local laws, regulations, or policies may further protect aquatic water resources.

The guidance is consistent with the Supreme Court's decision in the consolidated cases Rapanos v. United States and Carabell v. United States regarding the scope of the agencies' jurisdiction under the CWA. Specifically, this guidance discusses the agencies' protection of three classes of waters through the following actions:

* Continuing to regulate "traditionally navigable waters," including all rivers and other waters that are large enough to be used by boats that transport commerce and any wetlands adjacent to such waters
* Continuing to regulate "non-navigable tributaries that are relatively permanent and wetlands that are physically connected to these tributaries"
* Continuing to regulate based on case-by-case determinations for other tributaries and adjacent wetlands that have certain characteristics that significantly affect traditionally navigable waters

The guidance supports a strong regulatory program that ensures no net loss of wetlands, which according to EPA's press release, is one of three key elements of the Bush Administration wetlands policy. The other two elements include an active management program that will result in the restoration, enhancement and protection of three million acres of wetlands by 2009 and a commitment to conserve isolated wetlands such as prairie potholes.

During the first six months implementing the guidance, the agencies are inviting public comments on case studies and experiences applying the guidance. Upon publication of the notice of availability in the Federal Register, comments can be submitted to docket EPA-HQ-OW-2007-0282 through www.regulations.gov. The agencies will more broadly consider jurisdictional issues, including additional clarification and definition of key terminology, through rulemaking or other appropriate policy practice.

Environmental Law Institute Lays Out Congress's Constitutional Authority for Clean Water Protection

Recent Supreme Court rulings have called into question federal Clean Water Act coverage for certain wetlands and streams. Legislation recently introduced in the House of Representatives (see “Proposed Clean Water Restoration Act” below) would amend the act to restate and clarify Congress's intent to regulate the waters of the United States to the fullest extent of its legislative power. The Environmental Law Institute (ELI) has issued a new white paper that identifies which constitutional powers Congress can rely on to protect the nation's waters, and explains in straightforward language what the Supreme Court has said about these powers.

The Supreme Court rulings in question (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 2001, and Rapanos v. United States, 2006) were limited to interpreting Congressional intent in 1972, when Congress used the terms "navigable waters" and "waters of the United States" to assert federal jurisdiction under the Act. The Court has never decided the underlying constitutional question: What is the scope of Congress's constitutional authority to protect the nation's waters? ELI's legal analysis is intended to inform this debate.

A key source of Congressional power to regulate streams and wetlands is the Constitution's Commerce Clause. Congress's interstate commerce power is often misunderstood as being limited to including only navigable bodies of water, such as rivers, when in fact a long and unbroken line of Supreme Court cases establishes that Congress can regulate a wide range of activities that "substantially affect" interstate commerce. ELI's white paper lays out the historical context of court rulings in this area, emphasizing the role of the commerce power as the basis for nearly every major environmental and public health law passed by Congress. Despite repeated legal challenges, neither the Supreme Court nor the federal courts of appeals have ever struck down an environmental statute under the Commerce Clause.

The ELI white paper also points to other separate sources of constitutional authority for protecting water resources.


Proposed Clean Water Restoration Act Gaining Momentum
After having been introduced previously in the House, The Clean Water Restoration Act (House bill 2421 and Senate bill 1879) was introduced in the US Senate on July 25, 2007 by Senator Russ Feingold. The bill, which will redefine federal jurisdiction under the Clean Water Act as “waters of the U.S.” would greatly expand federal jurisdiction over waters. For a copy of the bill, go to http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h2421ih.txt.pdf.


Water Infrastructure Protection Sector-Specific Plan Released
The Department of Homeland Security, in coordination with EPA, recently released the Sector-Specific Plan (SSP) for Critical Water Infrastructure Protection ( See http://cfpub.epa.gov/safewater/watersecurity/legislation.cfm). In order to better protect the nation's critical infrastructure and key resources, Homeland Security Presidential Directive 7 (HSPD-7) identified 17 critical infrastructure and key resources sectors and designated Federal Government Sector-Specific Agencies (SSAs) for each of the sectors.

EPA is the federal lead for the Drinking Water and Wastewater (Water) Sector's critical infrastructure protection activities. The Water SSP includes information on goals, identifying assets, assessing risk, prioritizing infrastructure, developing and implementing protective programs, measuring progress, research and development, and SSA responsibilities. It was developed under the Department of Homeland Security's National Infrastructure Protection Plan and was produced by EPA in coordination with Water Sector security partners which includes Water Sector Coordinating Council and Government Coordinating Council.


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 epa.gov/owow/watershed/trading/WQTToolkit.html

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

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In the Air

News of Air Pollution Control
and Air Related Issues
with Larry Simmons

You can contact Larry at SimmonsLL @ e2minc.com

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Plug-in Hybrid Electric Vehicles

The Electric Power Research Institute (EPRI) and the Natural Resources Defense Council (NRDC) released an assessment that suggests widespread use of plug-in hybrid electric vehicles (PHEVs) in the United States could reduce greenhouse gas (GHG) emissions and potential for improved ambient air quality.

Among study's key findings were:

* Widespread adoption of PHEVs can reduce GHG emissions from vehicles by more than 450 million metric tons annually in 2050 -- equivalent to removing 82.5 million passenger cars from the road.
* PHEVs can improve nationwide air quality and reduce petroleum consumption by 3 million to 4 million barrels per day in 2050.

Current hybrid vehicles use nickel-metal-hydride batteries. These batteries are not capable of achieving the improvements listed above. Auto companies are experimenting with lithium ion batteries as the next technology leap. However, this technology may be several years away because of fire potential and length of time to recharge.

Wind Energy to Reduce Oil Consumption?

Wind energy proponents have suggested that wind energy will reduce U.S. dependence on foreign oil. Wind turbines generate electricity, but little oil is used to generate power in this country. Approximately, 1 percent of the electricity generated in the U.S. was produced by using oil.

If our goal is to reduce dependence on foreign oil, then we may be better served to look other places. Transportation accounts for approximately 69 percent of oil use in the U.S. Deployment of existing hybrid vehicles would cut into that oil use.

EPA Proposes New Ozone Standard

EPA is proposing to strengthen the nation's air quality standards for ground-level ozone, revising the standards for the first time since 1997. According to the agency, the proposal is based on the most recent scientific evidence about the health effects of ozone. The proposed standard is being made under a court-supervised settlement with the American Lung Association, Environmental Defense, the Natural Resources Defense Council and the Sierra Club.

The United States has made significant progress reducing ground-level
ozone in the past quarter century. Since 1980, ozone levels have dropped
21 percent nationwide. The proposal recommends an ozone standard within a range of 70 to 75 parts per billion (ppb). That is lower than the current eight-hour standard of 80 ppb but higher than the 60 to 70 ppb unanimously recommended by the EPA's Clean Air Scientific Advisory Committee last October.

EPA Updates Air Quality Website

EPA has made several air quality maps available depicting the current air quality conditions of the Mid-Atlantic region. The maps use the latest Air Quality Index (AQI) values for ozone and particulate matter, and can be found at EPA's "Air Quality" web page at http://www.epa.gov/reg3artd/airquality/airquality.htm#currentcond. The AQI describes the daily extent of pollution in the air, what associated health effects might be present, and what health effects may be experienced a few hours or days after breathing polluted air. For more information on the AQI visit EPA's AirNow web site at http://www.airnow.gov.

APD Web Sites Get New Format

The EPA Air Protection Division (APD) has converted its public Web sites with an improved, "new look and feel" format that provides accurate and up-to-date regulatory information to the public in a familiar and more accessible way. The main part of APD's web site was converted earlier in May, including the home page at http://www.epa.gov/reg3artd. The new Web site includes a full text compilation of the EPA-approved State Implementation Plan (SIP) air quality regulations for all regional state and local air agencies, and is accessible at http://yosemite.epa.gov/r3/r3sips.nsf/SIPIndex!OpenForm.

PM2.5 Implementation Report

On May 09, 2007 EPA released a report on implementation of the PM2.5 standard. This document can be found at:
http://opencrs.cdt.org/document/RL32431/2007-05-09%2000:00:00.

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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

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Biofuels Must Be Made Sustainably, Says European Commission

The European Energy Commissioner indicated at the recent International Biofuels Conference in Brussels, Belgium (July 5th and 6th) that the European Commission is seeking to develop legislation that will require minimum sustainability standards for biofuels development. In keeping with their ongoing energy strategy, the European Union (EU) has agreed on an action plan to have biofuels comprise at least 10 percent of the region’s transport fuel use by 2020. "It is, of course, essential to ensure that this increase is fulfilled in a sustainable way; we cannot just sit back and assume this will happen automatically," European Energy Commissioner Piebalgs said.

A review of current data trends indicate that 60 percent of the increase in carbon dioxide emissions in the European Union between 2005 and 2020 will come from transport. Piebalgs emphasized that "biofuels are not the panacea for all our energy problems," but identified that the renewable fuels—primarily biodiesel and ethanol—can help tackle climate change and other environmental challenges if developed correctly. Piebalgs further noted that biofuels deliver solid greenhouse gas savings, but that “there exist inefficient production techniques that do not. The use of these production techniques must be avoided.”

The directive currently under development will give legal backing to the 10-percent goal for biofuels and will include a set of minimum sustainability standards. The directive will indicate that only biofuels that meet these standards will count toward the 10-percent target and be eligible for European Union tax exemptions. The rules will apply equally to imports as well as to biofuels produced domestically. Debate continues within the EU on what the sustainability standards should include, particularly on issues such as bringing new land into cultivation and developing "second-generation" biofuels that can be derived from straw, organic waste, and woody material.

According to Piebalgs, the European Commission’s biofuels directive will be ready by the end of 2007. The legislation is part of a larger European Union push to have renewable energy sources account for 20 percent of the region’s energy market by 2020. After the draft directive is completed, it will be passed on to the European Council and Parliament for a final decision.

(Source: http://www.enn.com/agriculture/article/22443)

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Solid Waste Views

with John Scrabis, P.E.

You can contact me at: jmscrabis @ mactec.com

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EPA Announces the Winners of the 2007 Brownfields Grants Competition
On May 14, EPA announced the 2007 brownfields assessment, cleanup, and revolving loan fund grants national winners. Applicants from 39 states received a total of $70.7 million to revitalize former industrial and commercial sites, and turn them into productive use. Regional firms received a total of $5 million, including in Pennsylvania: Allegheny County, the Borough of Central City, the City of Johnstown, the Lehigh Valley Economic Development Corp., the Borough of Steelton, and the North Side Industrial Development Co.; in West Virginia: the Jefferson County Parks and Recreation Commission, Monongalia County, and the city of Nitro; and in Virginia: the city of Roanoke. For additional information on the regional brownfields grant recipients, go to http://www.epa.gov/brownfields/07arc/fy07_brownfields_selected_grantees.pdf

Expansion of RCRA Comparable Fuel Exclusion
EPA is proposing to expand the comparable fuel exclusion underthe rules implementing subtitle C of the Resource Conservation and Recovery Act (RCRA) for fuels that are produced from hazardous waste but which generate emissions that are comparable to emissions from burning fuel oil when such fuels are burned in an industrial boiler (see Federal Register, June 15, 2007, Volume 72, Number 115, Proposed Rules, Pages 33283-33334).

Such excluded fuel would be called emission-comparable fuel (ECF). ECF would be subject to the same specifications that currently apply to comparable fuels, except that the specifications for certain hydrocarbons and oxygenates would not apply. The ECF exclusion would be conditioned on requirements including:
Design and operating conditions for the ECF boiler to ensure that the ECF is burned under the good combustion conditions typical for oil-fired industrial boilers; and
conditions for tanks storing ECF which conditions are typical of those for storage of commercial fuels, and are tailored for the hazards that ECF may pose.

New Web Site Encourages Recyling of Construction and Demolition Material
A new Web site is available to provide opportunities for the reuse and recycling of construction materials from demolitions. The Web site contains information about building deconstruction, architectural salvage, and the use of recovered building materials in new projects. The Mid-Atlantic Consortium of Recycling and Economic Development Officials (MACREDO) funded the new Web site with the help of an EPA Source Reduction Assistance grant. The Web site is available at www.unbuild-rebuild.org.

For information on EPA's pollution prevention efforts in the construction industry, go to http://www.epa.gov/reg3wcmd/solidwasteresourcesc&d.htm

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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…


Organotins: Chemical compounds used in anti-foulant paints to protect the hulls of boats and ships, buoys, and pilings from marine organisms such as barnacles.

(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:
Second Allegheny County Household Hazardous Waste Collection Scheduled for September

Department of Energy Releases First Annual Report on Wind Power Market

Calculate How Energy Use Contributes to Greenhouse Gas Emissions and Air Pollution

SECOND ALLEGHENY COUNTY HOUSEHOLD HAZARDOUS WASTE COLLECTION SCHEDULED FOR SEPTEMBER – According to the U.S. EPA, an average home can easily contain more than one hundred pounds of cleaners, pesticides, paints, automotive fluids, and other products containing hazardous components. As summer ends, western Pennsylvania residents will have a few more opportunities to safely and cost effectively dispose of hazardous products at the remaining HHW collections sponsored by the Southwestern PA Household Hazardous Waste Task Force. The next event will take place on Saturday, September 29th, from 9 a.m. to 1 p.m. at the Boyce Park Ski Slopes parking lot in Allegheny County. Participants dropping off waste materials will pay a fee of $2 per gallon (cash only). The Boyce Park collection will accept virtually any chemical product found in the home including but not limited to: aerosols; automotive fluids; batteries (household, automotive); chemistry sets; cleaners of all types; mercury thermometers; paint and paint products; pesticides and lawn and garden products; and photo and pool chemicals. The collection will not accept ammunition and explosives; commercial waste; compressed gas cylinders; medical waste (including sharps); PCBs or dioxins; radioactive waste; smoke detectors; and tires. Following each household hazardous waste collection, a certified contractor processes the hazardous waste. Materials may be recycled, incinerated, or safely buried in specially constructed hazardous waste landfills. “This year the Task Force is celebrating a very important milestone. To date, we’ve collected and disposed of more than one million pounds of household hazardous waste,” according to Dave Mazza of the Pennsylvania Resources Council, which serves as the Task Force’s administrator. “While a significant number, this just begins to scratch the surface of the problem of safe disposal of these materials. Since its first collection in 2003, the group has collected 1,275,000 pounds of materials from more than 13,000 households,” said Mazza. “The Task Force has partnered with numerous groups and organizations to provide the public with an opportunity to dispose of hazardous materials in a safe, cost effective, and environmentally friendly manner.” Each large event requires a significant number of volunteers to direct traffic, collect surveys, distribute educational materials, and perform many other important tasks. Choose to volunteer for an entire day or a half-day shift. The Task Force, a recent recipient of a 2007 Governor’s Award for Environmental Excellence, formed in 2002. It secures funding, organizes events, and creates a partnership of individuals representing governmental, private, and public organizations. Numerous organizations support the household hazardous waste collection and education campaign by providing financial or in-kind support of the events. For more information regarding the remaining 2007 collections or to volunteer at a collection, call the Pennsylvania Resources Council at (412) 488-7452. Visit the SW PA HHW Task Force at www.swpahhw.org.

DEPARTMENT OF ENERGY RELEASES FIRST ANNNUAL REPORT ON WIND POWER MARKET - The Department of Energy (DOE) recently released its first annual report on developments and trends in the U.S. wind power market. The publication, "Annual Report on U.S. Wind Power Installation, Cost, and Performance Trends: 2006," examines trends in the marketplace, including project costs, turbine sizes, and developer consolidation. The report asserts that wind power is competitive and has been consistently priced at or below the price of electricity produced at fossil-fueled or nuclear power plants. In addition, wind project performance has been increasing due to improved project siting as well as technological advances in wind turbines. The report points out that U.S. wind power capacity increased by 27% in 2006 and that the United States had the fastest growing wind power capacity in the world in 2005 and 2006. For the second straight year, the United States led the world by installing 2,454 megawatts (MW) of wind power capacity in 2006, equal to 16% of the capacity installed worldwide that year. Other countries that led the way with installations in 2006 were Germany, India, Spain, and China. National leaders in annual capacity growth are Texas, Washington, and California. The report also notes that GE Energy is the dominant wind turbine manufacturer for the U.S. market, even though it is facing increasing competition from both domestic and foreign companies, many of which are building manufacturing facilities in the United States. To view the entire DOE Wind Power report visit http://www.nrel.gov/docs/fy07osti/41435.pdf.

CALCULATE HOW ENERGY USE CONTRIBUTES TO GREENHOUSE GAS EMISSIONS AND AIR POLLUTION – Just by entering a ZIP code, individuals can see how their energy use is affecting the earth. EPA's Power Profiler calculates how much air pollution results from individual electricity use, the fuels used to produce that electricity, and how to reduce the impact. EPA has updated the web-based Power Profiler with up to date data on emissions and fuels. In addition to learning the emissions from their individual electricity use, users can see how they compare with national averages. The air pollutants used in the calculator are carbon dioxide (CO2), sulfur dioxide (SO2), and nitrogen oxides (NOx). CO2 contributes to global warming or climate change, while NOx and SO2 contribute to unhealthy air quality and acid rain in many parts of the country. Power Profiler displays the fuel mix in percent coal, oil, gas, nuclear, hydro-electric (water), and other renewable sources including biomass, wind, solar, geothermal, and landfill gas. With information from the calculator on their monthly electricity use, consumers can assess their annual emissions. The site also guides users to other web-based information showing how to reduce emissions from one's home or business through greater energy efficiency and use of renewable energy. Power Profiler uses information from EPA's Emissions & Generation Resource Integrated Database (eGRID), a comprehensive source of data on the environmental characteristics of nearly all electric power generated in the United States. Visit http://www.epa.gov/solar/powerprofiler.htm to view the Profiler.


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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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AIHA Introduces New Digital Library at Annual Conference

The American Industrial Hygiene Association (AIHA) unveiled OEHS Library Central, a comprehensive, new digital library of knowledge, information, resources, and research for occupational and environmental health and safety (OEHS) professionals at the American Industrial Hygiene Conference and Exposition (AIHce 2007) in Philadelphia, Pa., June 2-7.

OEHS Library Central will offer downloadable versions of all AIHA print publications to site subscribers and will link to abstracting and indexing databases for more than 150 science and technical journals, such as Medical Physics. More than four years in the making, a task force of AIHA members analyzed input from four focus groups to prioritize desired features and ultimately selected AIP Publishing Services as the vendor to build, host, and service OEHS Library Central.

AIHA members will continue to receive The Synergist by mail and will have access to it on the AIHA Web site. Similarly, the Journal of Occupational and Environmental Hygiene (JOEH) will be available at OEHS Library Central, as well as on the current site, and will continue to be offered in print. AIHA members will pay no additional charge to download these publications.

For other publications, AIHA members will be able to view abstract information and the table of contents without a subscription. To view or download them, a subscription is necessary. AIHA will continue to offer print copies of its publications at the Marketplace on the AIHA Web site.

Non-AIHA member users of OEHS Library Central may view abstract information and the table of contents of publications without a subscription. To view or download the chapter or article, a subscription is needed.

Subscriptions will be sold on a per-download basis, with a download defined as a chapter or article. A variety of subscription options will be available; including single and multiple downloads for members, nonmembers, and students.

In addition to the comprehensive OEHS information, subscribers will enjoy robust Google search features by author, title, and topic. What's more, subscribers will have the option to set up a user profile to receive content alerts by e-mail and to allow them to manage a personal user library. Other subscriber features include the ability to save favorites and send links to others.


EPA's TRI Form R Software Updated and Online

On June 4, EPA released TRI-MEweb, the new Internet-based reporting application, to facilities in states that were participating in the TRI State Exchange Network as of April 2007. Facilities in Colorado, Delaware, Illinois, Indiana, Kansas, Kentucky, Michigan, Minnesota, Oklahoma, Oregon, South Carolina, Utah, Virginia, and Washington are eligible to use TRI-MEweb if they have reported in previous years. New facilities are not eligible to use TRI-MEweb for reporting year 2006.

Facilities located within these 14 states that have provided valid e-mail addresses in previous TRI submissions will receive an e-mail with instructions on how to access TRI-MEweb. Facilities that have not provided a valid e-mail address will receive a letter with instructions. Facilities that have not received instructions by June 11 should contact the TRI-ME/CDX help desk at epacdx@csc.com or (888) 890-1995.

Facilities that are not located within one of these 14 states should continue to report using the desktop version of the TRI-ME reporting software available at www.epa.gov/tri/report/software.

OSHA Ordered to Release Toxic Chemical Exposure Data

OSHA has wrongfully withheld data documenting years of toxic exposures to workers and its own inspectors, according to a federal court ruling. As a result, the world’s largest compendium of measurements of occupational exposures to toxic substances – more than 2 million analyses conducted during some 75,000 OSHA workplace inspections since 1979 – should now be available to researchers and policymakers. Each year, an estimated 40,000 U.S. workers die prematurely because of exposures to toxic substances on the job.

The June 29, 2007, federal court ruling came in a Freedom of Information Act (FOIA) lawsuit filed by Dr. Adam M. Finkel, a former chief regulator and regional administrator at OSHA from 1995 to 2003, and now a professor of environmental and occupational health at the University of Medicine and Dentistry of New Jersey, School of Public Health, and a visiting professor at the Woodrow Wilson School at Princeton University. His career at OSHA came to an end after disclosing OSHA’s secret decision in 2002 not to offer medical testing to its own inspectors who had been exposed to beryllium dust. Beryllium dust can cause a unique and often-fatal lung disease, known as chronic beryllium disease (CBD).

In June 2005, Dr. Finkel filed a request under FOIA for release of the entire contents of the OSHA database on toxic exposures, which contains the concentration of each substance found (e.g., asbestos, lead, benzene, silica dust), the company where the sample was taken, and an encrypted code for the inspector who took the sample. He also requested coded information about the results of beryllium sensitization tests conducted on OSHA inspectors. OSHA denied both requests, claiming that among the sampling results there may have been trade secrets and that releasing the encrypted codes could somehow compromise inspectors’ privacy.

Judge Mary L. Cooper of the Federal District Court in Trenton, N.J., held that the rationales offered up by OSHA to justify withholding the data lacked any merit. Moreover, she found that “the public interest in disclosing information that will increase understanding about beryllium sensitization and OSHA’s response thereto is significant.”

“OSHA forgot a long time ago that it exists to protect workers, not to protect its own executives,” stated Dr. Finkel, noting his gratitude to Peter Dickson from the Princeton law firm of Potter & Dickson who argued the case. “Ordinary citizens paid to collect these data, and I look forward to analyzing this public database to help OSHA find its way back to its original mission.” According to Peter Dickson, “This well-balanced and thoughtful decision is a welcome brake on efforts by the government to prevent public scrutiny of what agencies are doing, and more importantly in this case, not doing.”

The validity of Dr. Finkel’s disclosures has been confirmed in tests showing an unexpectedly high incidence of blood abnormalities among a small group of OSHA inspectors, who finally were offered the medical tests in 2004. This finding has serious implications for the majority of current and former OSHA inspectors who still have not been offered testing, as well as for an estimated 130,000 private-sector workers who are exposed to beryllium daily. OSHA’s permissible beryllium exposure limit was developed almost 60 years ago and has not been updated. Experts agree that the equivalent of one day’s exposure at the current limit can cause CBD.

DOT Proposes to Revise Emergency Phone Number Requirements for Shipping
Papers

The DOT is proposing to amend the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors. In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, DOT's Pipeline and Hazardous Material Safety Administration is proposing to require that basic identifying information (offeror name or contract number) be included in shipping papers. This information will enable the service provider to identify the shipper on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident.




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