• Judge Strengthens Dolphin-Safe Tuna Label
  
• Chemical Solution Found for DC's Lead-Laced Drinking Water
  
• Exclusive Club Pays $1.8 Million for Clean Water Act Violations
  
• Stone Container Settles Paper Mill Air Pollution
  
• Copper Giant Phelps Dodge Morenci Fined for Bird Deaths
  
• Nail Salon Workers Get Help With Chemical Hazards
  
• Portland Leads the Way With Solar Powered Travel Site
  
• Recycling Old Ships Into Artificial Reefs
  

Judge Strengthens Dolphin-Safe Tuna Label

Fishing vessels in the Eastern Tropical Pacific Ocean find schools of tuna by watching for the dolphin groups that swim above them in the water. When nets are closed around the tuna, dolphins can be caught, drowned and discarded. More than seven million dolphins have been killed in tuna nets since the late 1950s.

In U.S. District Court in San Francisco, Federal Judge Thelton Henderson, ruling in the case Earth Island Institute v. Secretary of Commerce Donald Evans, noted that the Commerce Department’s weakening of the "Dolphin-safe" label on tuna cans illegally ignored scientific evidence and must be overturned.

On December 31, 2002, Evans issued a finding of "no significant adverse impacts," allowing Mexico, Colombia, and other tuna fishing nations to label their tuna as "Dolphin Safe" and sell it in the United States, even if it was caught by the chasing, netting, and killing thousands of dolphins annually.

Earth Island Institute filed suit, contending that the Evans decision weakened the "Dolphin Safe" tuna label definition on the basis of trade politics, rather than science, as required by Congress.

Further, Earth Island took steps to obtain secret government memos demonstrating that biologists working for federal agencies knew that dolphin populations were not recovering, as a result of the tuna fishery.

The documents revealed pressure on the biologists from the U.S. State Department, Mexico and other tuna fishing nations to ignore the scientific conclusions.

David Phillips, Director of Earth Island Institute, said, "More than 300 documents were withheld from the court record. The Bush administration went to amazing lengths to prevent Earth Island and the court from obtaining these damaging revelations."

Phillips said, "Secret court documents proved that the government knew all along that netting dolphins was jeopardizing their very survival. Yet the Bush administration still went ahead and ruled that tuna trade with Mexico was more important than dolphin lives."

Judge Henderson rebuked Secretary Evans, ruling, "The record convincingly demonstrates that the Secretary [of Commerce] nonetheless proceeded to sacrifice the integrity of the decision-making process by disregarding the best available scientific evidence in favor of political and diplomatic considerations."

Phillips said, "Judge Henderson’s ruling exposes the Bush administration’s deceit in ignoring its own scientists and caving in to Mexican demands to allow dolphin-deadly tuna back into U.S. with a phony label."

Plaintiffs in this case include - Earth Island Institute, Samuel LaBudde, the Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals, Defenders of Wildlife, the International Wildlife Coalition, the Animal Welfare Institute, the Society for Animal Protective Legislation, the Animal Fund, and the Oceanic Society.

Chemical Solution Found for DC's Lead-Laced Drinking Water

The U. S. Environmental Protection Agency (EPA) has approved the system-wide use of orthophosphate as the next step in preventing lead from leaching into the drinking water in the Capital District.

Orthophosphate is a food-grade additive used by other water systems nationwide to control corrosion in metal pipes. It works by building up a thin film of insoluble mineral scale in lead, copper and iron pipes and fixtures. Inside the pipe, the film serves as a liner that keeps corrosive elements in water from dissolving some of the metal.

The Washington Aqueduct, the water utility, expects to feed the orthophosphate at both treatment plants, Dalecarlia and McMillan, for system-wide distribution on or about August 23. It will take six months or longer for lead levels to decrease after application of the orthophosphate treatment.

The decision comes two months after the EPA and technical experts from the Washington Aqueduct and the DC Water And Sewer Authority began adding orthophosphate to a limited part of northwest Washington’s water supply to eliminate lead corrosion.

Frequent sampling since the orthophosphate trial began in June has found no significant increase in bacteria, or occurrence of reddish brown water due to dissolved iron in the application area.

"It will take six months to a year to be sure that a protective film is building up in the pipes to block further lead corrosion," said Rick Rogers, drinking water chief for EPA’s mid-Atlantic region. "But as we are not seeing undesirable side effects from the partial application, the Technical Expert Working Group recommends applying the orthophosphate solution systemwide," he said.

System-wide application is the next step in the plan to eliminate lead corrosion in the million customer D.C. water system, which also serves Arlington County and Falls Church, Virginia.

Residents should continue to follow the flushing guidance until the new treatment can be shown to reduce the leaching of lead.

The Technical Expert Working Group was formed in February to coordinate research and recommend treatment strategies to reduce elevated lead levels in district water and includes representatives of the Washington Aqueduct operated by the U.S. Army Corps of Engineers, the EPA, the DC Water And Sewer Authority , the DC Department of Health, the Centers for Disease Control and Prevention, and the Virginia communities.

The group will hold two public meetings to explain the treatment plan. The first will be held on August 19, at Congress Heights United Methodist Church, 421 Alabama Ave., SE. It will include an open house from 6:00 to 7:30 pm and a formal presentation followed by a question and answer session from 7:30 to 8:30 pm.

The second public meeting will be held Tuesday, August 24, at the Martin Luther King Library (Meeting Room A-5) 901 G. Street, NW. It will also include an open house from 6:30 to 7:30 p.m. and a formal presentation followed by a question and answer session from 7:30 to 8:30 p.m.

The meetings are part of a citywide outreach campaign to inform residents about the new water treatment and what they can expect. Before the Washington Aqueduct feeds orthophosphate into the District’s water distribution system, all DC residents will be sent a letter by the DC Water And Sewer Authority providing details about the citywide application.

Exclusive Club Pays $1.8 Million for Clean Water Act Violations

Stone Container Settles Paper Mill Air Pollution

A consent decree, civil complaint and notice of publication were filed Thursday in U.S. District Court in Alexandria. Stone Container Corporation has agreed to pay the penalty to resolve alleged violations of the federal Clean Air Act and Virginia's Air Pollution Control Law.

The company is alleged to have failed to adequately monitor emissions of sulfur dioxide, nitrogen oxides, and particulate matter, and exceeded regulatory limits on emissions of particulate matter and sulfur.

The company is also alleged to have failed to adopt safeguards to minimize sulfur emissions on occasions when the facility's primary incineration equipment was not in operation.

Sulfur dioxide contributes to acid rain which destroys lakes, rivers, streams, and crops. Sulfur dioxide and particulate matter may aggravate existing respiratory diseases such as asthma and emphysema. In addition, these pollutants contribute to impaired visibility in large parts of the country.

Donald Welsh, administrator for the United States Environmental Protection Agency's (EPA) Mid-Atlantic region said, "This settlement will have a significant effect on reducing sulfur dioxide emissions and will go a long way to improving public health."

The U.S. worked closely with the Virginia Department of Environmental Quality in investigating and resolving this matter.

In the proposed consent decree, which is subject to a 30 day public comment period and federal court approval, Stone Container has agreed to pay a $835,000 penalty with 60 percent, or $501,000, paid to the U.S. and 40 percent, or $334,000, paid to the Commonwealth of Virginia.

As part of the settlement, Stone Container neither admitted nor denied liability for the alleged violations. During the lengthy settlement discussions following the EPA’s issuance of a notice of violation to the plant in September 1997, the company installed equipment and improved operation and maintenance practices to correct the cited violations.

Copper Giant Phelps Dodge Morenci Fined for Bird Deaths

Information presented in court alleges that more than 60 birds were found dead on the Morenci Mine Site between October 2000 and March 2001. Since then, additional dead birds were found on the site in eastern Arizona.

Phelps Dodge Morenci is charged with the deaths of 43 birds identified as being migratory species protected under the act.

Phelps Dodge Morenci, Inc., is the largest copper producing operation in North America. Active operations include an open-pit mine, numerous leach stockpiles, four solution extraction plants and three electrowinning tankhouses.

Some of the impounded waters on the site, near which the dead birds were found, contained acidic waters resulting from the mining process. Laboratory studies have demonstrated that ingestion of sulfuric acid and copper solutions is lethal to migratory birds.

Under the terms of the plea agreement, the company has agreed to pay the maximum fine of $15,000 for one count of violating the Migratory Bird Treaty Act.

The agreement incorporates a Corrective Action Plan identifying significant actions Phelps Dodge Morenci has agreed to undertake, and in many instances already has completed, as a condition of its probation with the goal of ending the bird deaths at the Morenci Mine Site.

The company has agreed to donate $10,000 to one or more federally licensed bird rehabilitators to care for sick and/or injured birds, and to fund a study of possible projects to enhance or create migratory bird habitat within the Gila-Salt-Verde River Ecosystem.

If the study costs less than $80,000, Morenci must apply the difference up to the total of $80,000 to actually create or enhance such habitats.

"Phelps Dodge deserves recognition for engaging in creative problem solving solutions to better protect migratory birds while performing their business operations," said Assistant Attorney General Thomas Sansonetti. "We hope that other companies will follow suit and take the initiative to protect the future of migratory game birds and song birds under the Migratory Bird Treaty Act."

Nail Salon Workers Get Help With Chemical Hazards

Nail salon products may contain chemicals that are a major cause of occupational asthma as well as other health and environmental concerns. Nail salon workers often are new immigrants and may not be aware of the risks with chemicals in the nail products that they are using every day.

The EPA developed the brochure after listening to concerns from the Asian-American communities in Houston and researching methods to address those concerns. Federal, state and local government agencies, individuals, and nonprofit organizations in Houston now are attempting to address the unmet needs of the Asian-American and Pacific Islander community about the health of nail salon workers.

"Pollution Prevention Practices for Nail Salons - A Guide to Protect the Health of Nail Salon Workers and their Working Environment," addresses chemicals found in nail products and their potential health effects.

Many chemicals present in nail products are very volatile; they evaporate into the air at room temperature where nail technicians and customers breathe them. In addition, nail technicians and customers may also breathe in dust that is produced when filing artificial nails. This dust may contain harmful substances such as glues, benzoyl peroxide, silica and methacrylate polymers.

Most of the products cause irritation to eyes, skin, nose, and throat, and breathing difficulty. But some may be more harmful. Formaldehyde, used in nail polish and nail hardener may cause cancer, the EPA says.

Another carcinogen is titanium dioxide, used in nail polish and released by filing acrylic artificial nails so that a fine powder is emitted.

Toluene, used in nail polish and fingernail glue, may cause liver and kidney damage, as well as weakness, exhaustion, confusion, dizziness, headache, anxiety, muscle fatigue, inability to sleep, feelings of numbness, burning, and skin rash, the EPA states.

One of the most damaging substances is Liquid Methyl Methacrylate (MMA) Monomer, now restricted or banned in 30 states. A commonly used ingredient in artificial nail products for years, liquid MMA monomer evaporates easily and bonds strongly with the nail. It may cause damage to the nail bed, permanent loss of the nail plate, and loss of sensation in the fingertips of customers and technicians. The EPA cites animal testing that shows it may cause permanent damage to the respiratory system and to the liver from long-term exposure.

The brochure recommends best shop practices that nail salon owners and workers should adopt for a better and safer working place.

First of all, nail salon owners should install a local exhaust ventilation system. "The general heating, ventilating and air-conditioning system (HVAC) only dilutes a small percentage of the air inside the shop," the EPA says.

To capture vapors and dust, and to exchange indoor air with fresh air from outside the building, a nail salon should have a ventilated table with dust and charcoal filters, a ceiling-mounted exhaust vent, or a wall-mounted exhaust vent or all three.

The EPA also recommends that salon owners install free standing air purifiers at work tables, and suggests that workers wear dust masks when applying chemicals.

In addition to this brochure, the EPA has begun to provide training to nail care stakeholders nationwide.

"The nail salon project in Houston is an example of EPA's support of communities who develop local solutions with nationwide applications," EPA Regional Administrator Richard Greene said.

The brochure is available in English at: http://www.epa.gov/opptintr/dfe/pubs/salon/nailbook-eng1.htm and in Vietnamese at: http://www.epa.gov/opptintr/dfe/pubs/salon/NailBookletVN.pdf. A Korean version is on the way. More information on the nail salons project is available at: http://www.epa.gov/opptintr/dfe/projects/salon/.

Portland Leads the Way With Solar Powered Travel Site

The non-profit independent association works to strengthen the region's economy by marketing the metropolitan Portland area as a preferred destination for meetings, conventions and leisure travel.

Solar Data Centers, Inc., the only company in the world using solar energy to run every aspect of its clients' Internet operations, is helping the visitors association to accomplish the transition, which will be complete on On September 1.

Supplying a full range of web services to more than 300 clients, Solar Data Centers deals with companies and associations interested in environmental issues. For POVA, the switch to a clean, renewable energy source made perfect sense and cost nearly the same as the association's conventionally powered website.

"People think of Portland as a green destination, both in terms of the scenery and the city's environmental commitment," said Joe D'Alessandro, POVA's president and CEO. "This is just one way that we can live up to Portland's impressive international reputation."

POVA says the switch to 100 percent solar power is the monthly equivalent of 1.72 acres of forest acres NOT being cut down or 16,286 auto miles NOT being driven.

It will be same each month as 4.32 tons of coal NOT being burned, or 14,482 pounds of CO2 NOT being produced.

POVA began shopping for a green Internet provider several months ago. "We found that a few other convention and visitors bureaus (CVB) were using solar power to cover a portion of the energy needed to run their websites," said Karla Nutt, the POVA marketing manager who oversees website operations.

"However, after doing a lot of research, neither we nor SDC could find any CVB websites that relied 100 percent on solar power," she said. "It's exciting to be on the leading edge of this green movement."

Recycling Old Ships Into Artificial Reefs

The best management practices for vessel preparation includes cleaning the ships of all hazardous materials before they go to the bottom to begin service their new role as fish habitat.

The EPA directs that all liquid hydrocarbons - fuels and oils and greases - be removed so that no visible sheen remains on the tank surfaces, interior fittings, piping, structural members, or on the water surface when the equipment is flooded after sinking. There should be no film or spills on decking, rugs or on any other vessel structure or component.

Any loose asbestos or asbestos that may become loose during vessel sinking must be removed, and all accessible friable asbestos should be removed or sealed.

Remove all solid material containing PCBs greater than or equal to (=) 50 parts per million (ppm) unless a disposal permit has been granted, the agency directs, and remove all liquid materials containing PCBs.

Remove harmful exterior hull antifouling systems that are determined to be active; remove exfoliating and exfoliated paint.

Loose debris, including materials or equipment that are not permanently attached to the vessel that could be transported into the water column during a sinking event should also be removed.

All other materials that may negatively impact the biological, physical, or chemical characteristics of the marine environment, must also be removed the EPA says.

This voluntary guidance applies to the recycling of obsolete and decommissioned military and commercial vessels as artificial reefs anywhere in U.S. waters, but does not substitute for any statute or regulation, nor is it a regulation itself.

It does not impose legally binding requirements on any Federal agency, States, other regulatory authorities or the regulated community, and may not apply to a particular situation based upon the circumstances. Regulatory decision makers, both federal and state, retain the discretion to adopt approaches on a case-by-case basis that differ from this guidance where appropriate, the agency takes care to point out.