Friday, July 1, 2011

eNewsUSA... Friday, July 1, 2011

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion -- THIS IS THE LAST DAY -- you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.
 
In This Issue
            -- NATIONAL/INTERNATIONAL NEWS --
Three Pesticides Added To International Rotterdam Convention PIC
Alaska Governor Unveils Plan To Tap State's Oil & Gas Reserves
Senate Hearing On Proposed Transport & Utility MACT Rules
Senate Hearing On Gulf Spill Natural Resource Damage Assessment
Report From Blue Ribbon Panel On Geothermal Energy
United States v. Mancuso

 
National / International News
 
 
Three Pesticides Added To International Rotterdam Convention PIC - Jun 27: Parties to a global treaty supporting information exchange in international trade of hazardous chemicals have acted to strengthen protection of human health and the environment by expanding the exchange of critical safety information between exporting and importing States. Agreement was reached on Friday, 24 June 2011, at the conclusion of a week-long meeting held in Geneva [See WIMS 6/20/11]. The fifth meeting of the Conference of the Parties (COP5) to the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade agreed by consensus to add three pesticides, alachlor, aldicarb and endosulfan, to Annex III of the Convention. Listing in Annex III triggers an exchange of information between Parties and helps countries make informed decisions about future import and use of the chemicals. The U.S. signed the Convention in 1998, but has never ratified the Rotterdam Convention.

    Achim Steiner, UN Under-Secretary General and UNEP Executive Director said, "The agreement on listing endosulfan coupled with decisions to strengthen technical assistance and synergies taken by the Parties to the Rotterdam Convention demonstrate that increasing cooperation between the Basel, Rotterdam and Stockholm conventions is yielding a rich harvest of benefits to countries by the protection of public health and the environment globally." Parties to the Stockholm Convention on Persistent Organic Pollutants (POPs) agreed earlier this year to eliminate endosulfan from production and use globally.

    The decisions to list three chemicals were among 12 separate decisions adopted at the conference aimed at strengthening the globe's first line of defense for chemical safety. Amendments to the Convention bringing the three new chemicals under the Prior Informed Consent procedure will enter into force on October 24, 2011. This will raise the number of chemicals covered under the Convention to forty-three. Jim Willis, Executive Secretary said, "The addition of these three chemicals marks the second time since the Convention entered into force that Parties have expanded the Convention's list of substances covered by the Prior Informed Consent procedure. This gives countries that are considering importing hazardous chemicals the right-to-know about the risks they carry and how they can protect public health and the environment, as well as the means to protect against unwanted imports."

    The conference agreed to include endosulfan as a pesticide in Annex III to the Convention as recommended by the Chemical Review Committee, a scientific expert body, at its second and sixth meetings. This marked a breakthrough, as past conferences had been unable to agree on inclusion of the pesticide in Annex III. Countries will now be provided with risk information allowing them to make informed decisions on importation of the hazardous chemical. The pesticides alachlor and aldicarb were recommended by the Chemical Review Committee at its fourth meeting. Agreement to list a fourth chemical, chrysotile asbestos, eluded the conference for the third time since it was first recommended for listing by the treaty's Chemical Review Committee in 2002. Debate over the recommended listing of chrysotile asbestos drew widespread public attention throughout a week of sometimes tense negotiations between the Convention's parties.

Peter Kenmore, Executive Secretary, Food and Agriculture Organization (FAO) said, "The robust participation of developing countries and countries with economies in transition in the work of the Rotterdam Convention has been on display this past week, as they increasingly are taking over the responsibility to assess the risk attached to hazardous chemicals and severely hazardous pesticide formulations. The failure to find consensus on one substance does not diminish this achievement." Over 500 participants, representing more than 135 governmental, intergovernmental and non-governmental organizations attended the fifth meeting of Conference of the Parties to the Rotterdam Convention.

    Access a release on the COP5 meeting (click here). Access the documents for the COP5 meeting (click here). Access complete background and details on the Rotterdam Convention website (click here). [*Toxics, *Haz] 


Alaska Governor Unveils Plan To Tap State's Oil & Gas Reserves - Jun 30: At a press conference in Washington, DC, hosted by the U.S. Chamber of Commerce, Institute for 21st Century Energy Alaska's Governor Sean Parnell and Natural Resources Commissioner Dan Sullivan met with national reporters to share the State's plan to offer additional lands and offshore waters for oil and gas exploration. The briefing with national media is part of the Parnell Administration's wide-ranging efforts to generate national awareness and support for the State's goal to boost the flow of oil through the Trans Alaska Pipeline System (TAPS) to 1 million barrels of oil within a decade. Some of the known oil and gas plays on State land straddle highly prospective Federal lands, including the National Petroleum Reserve-Alaska (NPR-A) and the 1002 Area of the Arctic National Wildlife Refuge (ANWR). According to a release from the Governor, by drilling on State land and waters adjacent to NPR-A and ANWR, developers may end up drawing untapped oil that lies beneath these federal lands.
 
    The Governor said, "By reaching this goal we will strengthen Alaska's contribution to U.S. energy security and we will create tens of thousands of new jobs and billions of dollars in payroll." President Obama recently announced that he will release 30 million barrels of oil in the coming month from the nation's Strategic Petroleum Reserve to address supply disruptions from Libya [See WIMS 6/23/11]. The Governor said, "Releasing 30 million barrels of oil from the Strategic Petroleum Reserve is bad policy. This decision only provides the nation with 30 days of additional oil supply. It will have no long term impact. The real Strategic Petroleum Reserve is Alaska, which has the potential to provide more than 30 billion barrels of oil over three decades. Developing Alaska's vast hydrocarbon resources will supply the nation with billions of barrels of domestic crude. It will provide tens of thousands of high paying jobs and it will generate hundreds of billions of dollars in revenue for the federal government. The right policy call for the nation is to develop Alaska's resources."

    Parnell also described his actions in recent months to reach out to President Obama, members of Congress and other U.S. governors to encourage broad cooperation on boosting energy production from all states. Commissioner Sullivan laid out for reporters the State's plan to boost development on its land and in State waters. The release indicates that he also discussed the stringent environmental protection measures in place that protect the sensitive tundra and the North Slope's wildlife populations.

    According to Sullivan, "For nearly 35 years, Alaska has been one of the most critical sources of domestic energy for American citizens, via the 800-mile trans-Alaska pipeline [Trans-Alaska Pipeline System (TAPS)]. More than 15 billion barrels of oil from Alaska's North Slope have been produced for the Lower 48 since TAPS' creation. We are laying out a plan to enhance America's energy security by aggressively marketing additional state lands for development."

    The release indicates that, the Central North Slope undeveloped acreage, much of which will be available for lease in the upcoming lease sale, still holds 3 to 6 billion barrels of oil and 24 to 45 trillion cubic feet of natural gas, according to Federal estimates of the region's undiscovered, technically-recoverable resources. The undiscovered resources on State land include dozens of pools of conventional oil that range in size from 50 to 150 million barrels, tens of billions of barrels of heavy and viscous oil, and potentially enormous shale oil deposits. These estimates do not include the more than 5 billion barrels of conventional oil reserves that lie under producing fields or fields that are close to being placed into production.

    Karen Harbert, president and CEO of the Chamber's Institute for 21st Century Energy said, "I applaud Governor Parnell and Commissioner Sullivan for stepping up to the plate to help deliver American energy that we so clearly need. Alaska is acting to address our supply problems because the federal government has not. I hope that policymakers in Washington will take notice of the example set by Alaska's leaders by allowing more access to our oil and gas resources which will create jobs and improve our energy security."

    Access a release from the Governor's Office and link to articles with further details (click here). [*Energy/OilGas]

 
Senate Hearing On Proposed Transport & Utility MACT Rules - Jun 30: The Senate Environment and Pubic Works (EPW) Committee, Subcommittee on Clean Air and Nuclear Safety, Chaired by Senator Thomas R. Carper (D-DE), with Ranking Member John Barrasso (R-WY), held a hearing entitled, "Oversight: Review of EPA Regulations Replacing the Clean Air Interstate Rule (CAIR) and the Clean Air Mercury Rule (CAMR)." Witnesses included Gina McCarthy, Assistant Administrator, Office of Air and Radiation U.S. EPA; and representatives of the: Department of Natural Resources and Environmental Control for the State of Delaware; Texas Commission on Environmental Quality; Analysis Group, Inc.; Tri-State Generation and Transmission Association, Inc.; and University at Albany.
 
    Chairman Carper, former Governor of Delaware in the 1990s and a dedicated legislator on air quality issues, said, "Today, we discuss two new clean air regulations – the Clean Air Transport Rule and the Utility Air Toxics Rule [i.e. proposed Transport and Utility MACT rules]. These regulations target our largest emitters of many known toxics that cause cancer, brain defects and respiratory stress - fossil-fuel fired power plants. These toxic pollutants know no state boundary and send thousands of our children to the hospital everyday and contribute to shorter life spans for thousands every year. Just one of these -- – the air toxics regulation -- we could see $13 in benefits for every $1 we spend in compliance. Again getting greater health care results for less money. And as we will hear today, these regulations are long overdue, addressing pollution that should have been cleaned up decades ago. We will also hear today that we have the technology to meet these new standards, and many states, like Delaware, have successfully implemented similar measures."
 
    Full Committee Ranking Member James Inhofe (R-OK) said in an opening statement, ". . .here we sit, debating EPA's replacement regulations that are onerous and complex and vulnerable to the same lawsuits that stymied previous attempts to reduce emissions of sulfur dioxide, nitrogen oxides and mercury. Most alarming is the effect the rules will have on our economy.  Messy court rulings and bureaucratic overreach have produced regulations that will harm the economy. As the National Economic Research Associates (NERA) recently pointed out, these rules will likely result in electricity costs increasing by as much as 23 percent and 1.4 million lost jobs by 2020. Not a recipe for economic recovery. . . Of course, there are ways to reduce emissions and help keep electricity rates low.  Perhaps the biggest one would be to update the Clean Air Act to stop the EPA 'train wreck.'  Reducing emissions doesn't have to be this costly – the Obama EPA just wants it to be.  Recall President Obama's pledge: 'under my plan…electricity rates will necessarily skyrocket.'"
 
     EPA testified, "Effective technologies for controlling SO2, NOx and mercury emissions from power plants have been available for years, yet a substantial portion of the coal fleet lacks advanced controls for NOx, SO2, or mercury.1 Although SO2 scrubbers have been available for more than 35 years, well over a third of the coal capacity has yet to apply SO2 scrubbers.2 Many of these uncontrolled units are small and were built before the Clean Air Act was enacted. . . Elements of the power industry sought for many years to delay the congressional mandate to control toxic air pollution. Meanwhile, more than 50 other industries have complied with federal standards for toxic air emissions. Municipal waste combustors and medical waste incinerators, which were the other two largest sources of mercury, have reduced their emissions by more than 95 percent since 1990. It is time to level the playing field and reduce the public health threat.
 
    "Electric power plants today are the country's largest source of SO2 and of mercury, and the largest stationary source of NOx. These plants cause smog and fine particle pollution, acid rain, and exposure to mercury and other toxic pollutants, which contribute significantly to a wide variety of public health and environmental problems. . . To replace these two overturned rules, and, more importantly, to achieve reductions that are long overdue, we will soon be issuing the Clean Air Transport Rule and are on schedule to finalize the Mercury and Air Toxics Standards in November. We are not pursuing these rules just because the Clean Air Act requires it or because the Court told us to do so. We are pursuing these rules because they will dramatically improve public health, they are affordable, and they are technologically achievable. . ."

    Access the hearing website for links to all testimony, statements and a webcast (click here). [*Air]

 
Senate Hearing On Gulf Spill Natural Resource Damage Assessment - Jun 28: The Senate Environment and Pubic Works (EPW) Committee, Subcommittee on Water and Wildlife, Chaired by Senator Benjamin Cardin (D-MD), with Ranking Member Jeff Sessions (R-AL), held a hearing entitled, "Status of the Deepwater Horizon Natural Resource Damage Assessment." Witnesses included representatives from the: Southeast Region of U.S. Fish and Wildlife Service; Assessment and Restoration Division, Office of Response and Restoration NOAA; National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling; Marine and Environmental Initiatives at Florida Atlantic University; National Aquarium Conservation Center; Coastal Protection and Restoration Authority; and Chairman of the Executive Committee of the NRDA Trustee Council Legal Advisor to the Governor of Alabama.
 
    NOAA testified on its several critical roles mandated by the Oil Pollution Act (OPA) of 1990 (33 U.S.C. 2701 et seq.), one of which is as a natural resource trustee. As a trustee, NOAA, along with co-trustees, is charged with conducting a Natural Resource Damage Assessment (NRDA) to assess and restore natural resources injured by an oil spill. The NRDA process is a legal process that is resolved through a claim for restoration submitted to the courts. The essence of the process is to determine the type and amount of restoration needed to compensate the public for harm or injury to the collective natural resources that occur as a result of an oil spill. Inherent in the process is the need to assess the injuries to natural resources that are caused by the oil spill itself, as well as those caused by actions carried out as part of the oil spill response.
 
    The Deepwater Horizon NRDA focuses on assessing the injuries to all ecosystem resources from the deep ocean to the coastlines of the Gulf of Mexico. Information continues to be collected to assess potential impacts to fish, shellfish, terrestrial and marine mammals, turtles, birds, and other sensitive resources, as well as their habitats, including wetlands, beaches, mudflats, bottom sediments, corals, and the water column. Lost human uses of these resources, such as recreational fishing, hunting, and beach use, are also being assessed. Technical teams consisting of scientists from state and federal agencies, from academic institutions, and from BP have been in the field conducting daily surveys and collecting samples for multiple resources, habitats, and services. To date, several hundred scientists, economists, and restoration specialists have been and continue to be involved in our NRDA activities.
 
    Due to the size of the Deepwater Horizon release and the large potential for injury, NRDA field efforts have far surpassed any other for a single oil release. As of June 9, 2011, the trustees had approved over 115 study plans and collected more than 36,000 water, tissue, sediment, soil, tarball, and oil samples. More than 90 oceanic cruises have been conducted since early May
2010 and many more are scheduled for the summer and fall of 2011. From these sample collection efforts, more than 21,300 laboratory analyses have been completed. Of those, more than 20,400 have been validated through a rigorous quality assurance process. Once these data clear the validation process, they are then made publicly available; a new milestone in NRDA public transparency.
 
    Additionally, Emergency restoration is undertaken during the response phase to minimize or prevent (further) injury to natural
resources. Primary restoration is any action, including natural recovery that returns injured natural resources and services to baseline. Compensatory restoration is any action taken to compensate for interim losses of natural resources and services that occur from the date of the incident until recovery. To date, the trustees and BP have agreed to implement several emergency restoration projects designed to curtail further injury to different resources. In particular, the trustees will implement a project to mend scars created in submerged aquatic vegetation (seagrass) beds caused by response equipment, namely boat props, in Florida. Designated areas in Mississippi Wildlife Management Areas have been flooded to attract migratory birds that otherwise may gather in oil impacted areas. One initiative will collect, store, and propagate plants, and replant damaged shorelines along the Gulf Coast to prevent further injury and erosion. Another project will improve the nesting and rearing success of endangered sea turtles on the Padre Island National Seashore.
 
    The immediate next steps for the Deepwater Horizon NRDA are to: 1) continue with the injury assessment; 2) implement early restoration with public input; and 3) continue broader restoration planning also with public input. A draft Programmatic Environmental Impact Statement will be available for public review and comment in early 2012. This document will identify the range of restoration alternatives that the trustees will consider to compensate the public for lost natural resources and services and lost human use. Concurrently, the trustees are focused on engaging the public to identify early restoration projects and begin the implementation process.
 
    Access the hearing website for links to all testimony, statements and a webcast (click here). Access the NOAA Assessment & Restoration Information website (click here) Access the Restore The Gulf Interagency Federal Response website (click here). [*Energy/OilSpill]

 
Report From Blue Ribbon Panel On Geothermal Energy - Jul 1: The Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy (EERE) Geothermal Technologies Program assembled a geothermal Blue Ribbon Panel on March 22/23, 2011 in Albuquerque, New Mexico for a guided discussion on the future of geothermal energy in the United States and the role of the DOE Program. The Geothermal Blue Ribbon Panel Report captures the discussions and recommendations of the experts and is now available on the website below. EERE is accepting comments on the report on or before July 29, 2011.
 
    In a Federal Register announcement [76 FR 38648] of the report, EERE indicates that, "The majority of geothermal energy growth occurred prior to 1990. In recent years, the growth of geothermal capacity in the U.S. has lagged that of solar and wind energy. The purpose of the Blue Ribbon Panel meeting was to identify the obstacles to geothermal energy growth, discuss the appropriate role of DOE in enabling geothermal energy, and recommend priority research and development areas. The 15 panelists included experts from the geothermal and oil/gas industries, finance institutions, utilities, universities, and national laboratories.

    Access the FR announcement (click here). Access the ... website and link to the complete report (click here). [*Energy/Geo]

 
United States v. Mancuso - Jun 30: In the U.S. Court of Appeals, Second Circuit, Case No. 10-2420. In this unpublished order appealed from judgments of the United States District Court for the Northern District of New York. The case involves sentencing of two brother who among other convictions, violated the Clean Air Act (CAA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in the conduct of asbestos removal.
 
    The Appeals Court ruled on many issues that were appealed and said, "Upon due consideration, it is hereby ordered, adjudged, and decreed that the judgments of conviction entered as to defendant Steven Mancuso on June 14, 2010; and as to Paul Mancuso on June 14, 2010, and January 10, 2011, are affirmed in part and vacated in part, and the cases are remanded for resentencing consistent with this order. Steven and Paul Mancuso stand convicted by a jury on a common count of conspiracy to defraud the United States, see 18 U.S.C. § 371; to commit mail fraud, see id. § 1341; to violate the Clean Air Act (CAA), see 42 U.S.C. §§ 7412, 7413(c); and to violate the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), see id. § 9603. Paul Mancuso was further convicted of six substantive CAA and CERCLA counts. See 42 U.S.C. §§ 7413(c), 9603(a)-(b). Steven Mancuso, who was sentenced to 44 months in prison."
 
    Both defendants fault the district court for applying a four-level enhancement for permitless disposal of a hazardous substance based on a Clean Water Act permit violation. The Appeals Court said regarding the environmental issues, "Although neither defendant objected to the enhancement below, we are here obliged to identify plain error. Our precedent prohibits application of § 2Q1.2(b)(4) when the environmental offense at issue 'did not 'involve' a permit violation,' even if the conduct contravened a different
statute's permit requirements. United States v. Rubenstein, 403 F.3d at 100-01 (vacating enhancement based on state permit violation when defendant convicted of CAA offense because CAA does not require permit). Thus, the district court here plainly erred by applying the enhancement based solely on a Clean Water Act permit violation because the relevant CAA and CERCLA offenses did not involve permits. . ."
 
    Access the complete order with more details (click here). [*Air, *Remed, *Toxics, CA2]

 
Federal Register Highlights
 
The following is a summary from our Daily REGTrak Bulletin* for:
Friday, July 1, 2011.
 
 
Federal Register
Vol. 76, Issue 127
 
There are 8 announcements in this issue -- GET THE LINKS! (click here)
 
    1. AIR - FR. EPA. Review of New Sources and Modifications in Indian Country PDF | Text |
 
    2. AIR - PR/Comment Extension. EPA. National Emission Standards for Hazardous Air Pollutants: Secondary Lead Smelting; Extension of Comment Period PDF | Text |
 
    3. AIR - PR/Comment Extension. EPA. Proposed National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility,
Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units; Extension of Comment Period
PDF | Text
|
 
    4. AIR, TOXICS - ND. EPA. Draft Integrated Science Assessment for Lead PDF | Text |
 
    5. ENERGY, AIR, TRANSPORT - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Fuels and Fuel Additives: Detergent Gasoline (Renewal) PDF | Text |
 
    6. ENERGY/Hydro - ND. DOE. Availability of the Geothermal Technologies Program Blue Ribbon Panel Report and Request for Public Comment PDF | Text |
 
    7. ENERGY/Wind - NM. DOI/Fish and Wildlife Service. Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting and Webcast PDF | Text |
 
    8. WILDLIFE - FR/ND. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Revised Recovery Plan for the Northern Spotted Owl (Strix occidentalis caurina)
 
__________________________________
ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Funding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision
 
*If you need further information on the above announcements you may want to subscribe to our REGTrak service. Subscribers receive a complete Federal Register summary of nationally applicable environmental announcements, contact information and direct links to the full-text of each announcement (pdf & html) before 8 AM each day for $139 per year (click here). You can also access our Federal Regulatory website and follow the links from there (click here).
Article Coding:   [Air] = Air; [All] = Cross-Media, ecosystems; [Climate] Climate Change; [Drink] = Drinking Water; [Energy] = Energy; [GLakes] = Great Lakes; [Haz] = Hazardous Waste; [Land] = Land Use, Forests; [P2] Pollution Prevention, Sustainability; [Remed] = Remediation, Brownfields; [Tanks] = AST, UST; [Toxics] =Toxics, Pesticides; [Transport] = Transportation; [Solid Waste];  [Water] = Water; [Wildlife] = Wildlife, Endangered Species.