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Mercury Lost from Chlorine Plants Shows Up in Court WASHINGTON, DC, February 18, 2004 (ENS) - Nearly 90 percent of the chlorine produced in the United States today is made with mercury free technology. But nine chlorine plants still use an outdated mercury process. These plants buy tons of toxic mercury each year to replace mercury that evaporates from giant vats used to make chlorine.The amount of mercury that is lost from these nine plants in a year is estimated to be greater than that emitted by all the power plants in the United States, but it is not accounted for, and a new U.S. Environmental Protection Agency (EPA) rule governing this lost mercury does not require that it be controlled or accounted. In fact, the new rule removes the current pollution cap on mercury emissions from these plants. Based on this lack of regulatory oversight, two national conservation groups Tuesday filed suit in the Court of Appeals for the D.C. Circuit to force reconsideration of the rule, which they say violates the Clean Air Act. Represented by Earthjustice, the Natural Resources Defense Council (NRDC) and the Sierra Club charge that the December 2003 EPA rule does not address "lost" mercury pollution from the nine chlor-alkali mercury plants, does nothing to curb chlorine plants' use of mercury, and fails to protect public health because it eliminates previous pollution control requirements. In a separate legal action, the NRDC petitioned the EPA to reconsider the rule and set standards guaranteeing reductions in the plants' mercury emissions. The nervous system is very sensitive to all forms of mercury, according to the federal Agency for Toxic Substances and Disease Registry, which says metallic mercury vapors is one of the more harmful forms, because it reaches the brain. Exposure to high levels of metallic, inorganic, or organic mercury can permanently damage the brain, kidneys, and developing fetus. Learning and attention disabilities, and mental retardation are linked to mercury exposure. Each of the nine plants has more than 50 mercury vats, called "cells" in the industry, each holding some four tons of mercury. In 2002, the nine plants purchased 130 tons of mercury to replenish that which evaporated into the air from their cells. In 2000, the nine facilities added more mercury to their cells than they reported released, resulting in 65 tons of unaccounted for mercury in that year. By contrast, U.S. coal fired power plants emit about 48 tons of mercury into the air every year. The EPA acknowledges that it cannot account for the mercury each plant must replace every year. The agency concluded in its December rule that "the fate of all the mercury consumed at mercury cell chlor-alkali plants remains somewhat of an enigma." "It's outrageous that the EPA has no apparent interest in discovering what happens to 65 tons of mercury, much of which these plants likely emit into the air, and plans to do nothing about it," said Jon Devine, an NRDC attorney. "The agency apparently has forgotten what its name stands for." The new EPA rule does not set emission standards for the evaporated mercury, but instead establishes optional "housekeeping" requirements that the agency claims will reduce emissions, without specifying a goal for these reductions. The plants can opt out of them if they choose to measure their mercury emissions. The EPA says that measuring mercury emissions is not feasible for chlorine plants because the evaporating mercury escapes through open doors and vents in the ceiling, not through a smokestack. But the conservation groups point out in their legal argument that a 1975 EPA regulation specified that chlorine plants could measure their emissions by routing evaporated mercury to smokestacks, and required them to keep their mercury emissions below 2,300 grams per day. The new EPA rule eliminates this requirement, allowing the plants to emit unlimited amounts of mercury. Given that the average chlorine plant loses more than 17,000 grams of mercury every day, the groups believe that EPA's decision to revoke the pollution cap is irresponsible. The groups also maintain there is no reason for these plants to continue consuming mercury to produce chlorine. Sierra Club spokesperson Navis Bermudez said, "Here is yet another example of the Bush administration putting our children and communities at risk from toxic mercury pollution."
Extremely Smoggy San Joaquin Valley Must Clean Up SAN FRANCISCO, California, February 18, 2004 (ENS) - The air in southern California's San Joaquin Valley is so smoggy that the U.S. Environmental Protection Agency (EPA) has announced its intention to reclassify the valley as an extreme non-attainment area under the federal one-hour ozone standard.The California Air Resources Board recently requested the EPA to downgrade the valley's air quality classification from severe to extreme because the valley could not attain the standard by 2005 as required by law. The extreme classification requires tighter limits on air pollution sources. In addition to its agricultural industry, the valley has many oil production facilities, which are the source of air polluting emissions of nitrogen oxides, chemicals that combine with sunlight and other chemicals to form smog and also contribute to particulate matter pollution. The Western States Petroleum Association has sought Clean Air Act exemptions for its members' facilities located west of Interstate 5 in Fresno, Kern, and Kings counties. Community, environmental, and medical groups have pushed the EPA through various legal actions to impose stricter standards on air polluters in the valley. In May 2003, the groups and the EPA lodged a proposed consent decree with the Northern District Court of California today resolving an October 2002 lawsuit challenging EPA’s failure to address the valley’s air pollution. Plaintiffs agreed to settle the claim in exchange for a commitment by EPA, subject to court order, to enact an aggressive federal plan to control particulate matter pollution in the valley. The valley has exceeded public health standards for particulate matter since they came into effect in 1990, according to Earthjustice, which represented the plaintiff groups. The settlement requires the EPA to step in and develop a plan to regulate particulate matter pollution in the San Joaquin Valley by July 31, 2004. Unless the regional air district comes up with a plan that the EPA can approve before then, the EPA will be required to take control of the process. Ground-level ozone air quality in the San Joaquin Valley has generally improved over the past several decades, says the EPA, but not as quickly as required by federal law. On May 1, 2001, the American Lung Association released a report showing that three of the four most ozone polluted cities in the nation are situated in the San Joaquin Valley. Breathing is more dangerous in Bakersfield, Fresno, and the Visalia-Tulare-Porterville area than in any other place in the nation except Los Angeles. In 2000, the San Joaquin Valley exceeded the one hour ozone standard 30 times. In Los Angeles, the standard was violated on 33 days. San Joaquin Valley air has been getting increasingly smoggier in the past two years. The valley exceeded the national ozone standard 37 times in 2003. The San Joaquin Valley is under the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District and consists of the following counties in California’s central valley: San Joaquin, the western portion of Kern, Fresno, Kings, Madera, Merced, Stanislaus and Tulare. Initially classified as a serious ozone nonattainment area, in December 2001, the EPA reclassified the valley to a severe nonattainment area and required the state to submit a new plan by May 31, 2002. But in October 2002, the EPA found that the state failed to submit certain required elements of the severe area plan by the deadline date, triggering stricter enforcement provisions under the Clean Air Act. “Breathing in the San Joaquin Valley continues to be hazardous to your health," said Dr. David Pepper of the Medical Alliance for Healthy Air. "Most other areas in the country, including Los Angeles, have shown at least modest improvement in controlling ozone and particulate matter pollution, but the San Joaquin Valley is on track to become the most ozone polluted region in the United States.” “Each year, we see more children and elderly people in the emergency room because of air pollution," said Pepper. "It’s a sad situation that can be addressed with a little political backbone." The EPA is proposing an enforceable schedule, subject to public comment, which outlines a time line for the San Joaquin Valley Air Pollution Control District to enact air quality requirements for an extreme non-attainment area. "The proposed schedules put the district on an aggressive track to develop and adopt the plans that will bring clean air to valley residents," said Deborah Jordan, director of the EPA's air division in the Pacific Southwest Region. "It is important to keep the momentum so that clean air will be a reality in the valley." Smog can irritate the respiratory system, causing coughing, throat irritation or a burning sensation in the airways. It can reduce lung function, and increase feelings of chest tightness, wheezing, or shortness of breath. The public is encouraged to comment on the time line laid out in the proposed rule. The EPA proposed that by October 1, a revised plan showing how the area will attain the health based one hour standard would be submitted. Rules incorporating the extreme area permitting requirements would be submitted within one year of the reclassification. The proposed rule will be published in the Federal Register in the coming weeks and will provide for a 30 day comment period. A signed pre-publication version of the rule is available now at: http://www.epa.gov/region09/air. For more information, contact David Wampler, U.S. EPA Region 9, Air Planning Office, at 415-972-3975; wampler.david@epa.gov
Keeping Used Needles Out of the Trash WASHINGTON, DC, February 18, 2004 (ENS) - Three billion syringes are discarded each year in the United States by people who inject their own medicines in homes and non-healthcare commercial facilities. These used needles can pose a health risk to the public and to waste workers, and the U.S. Environmental Protection Agency (EPA) has issued a new guidance to keep them out of the trash.The discarded needles, or other medical sharps, may expose waste workers to injury and potential infection when containers break open inside garbage trucks or needles are mistakenly sent to recycling facilities, the EPA says. Janitors and housekeepers risk injury if loose needles poke through plastic garbage bags. Used sharps can transmit diseases such as HIV and hepatitis. Based on the advice of the Coalition for Safe Community Needle Disposal, which includes medical, government and waste association and private sector companies, the EPA issued the new guidance in January. Instead of placing needles in the trash, self-injectors are encouraged to use any of these alternative disposal methods.
Dr. Burt Kunik, president and CEO of the Sharps Compliance Corp., a supplier of products and services to help people safely dispose of used sharps, applauds the new EPA guidance, which he says is good for the industry and for public safety. "We believe it is a significant step towards the removal of needles, syringes and other sharps from our solid waste stream, consistent with that currently practiced in healthcare facilities," he said. Contact the Coalition for Safe Community Needle Disposal at 1-800-643-1643 for information on the availability of safe disposal programs in your area or for information on setting up a community disposal program. Visit: http:// www.epa.gov/epaoswer/other/medical for a list of all state health and solid waste and sanitation department contacts.
U.S. Opens Biotech Regulation Website and Plant Database WASHINGTON, DC, February 18, 2004 (ENS) - Fifteen genetically engineered tomatoes have been evaluated for food, feed and planting by U.S. regulatory agencies. A new government website gives the scientific and corporate details for each transgenic tomato - and similar information for engineered beet, canola, canteloupe, corn, cotton, papaya, potato, rice, soy and other crops.Five federal agencies have launched the website, which for the first time offers to the public information on how the U.S. government regulates and supervises agricultural products derived from biotechnology. The site, at: http://usbiotechreg.nbii.gov, was developed jointly by the U.S. Department of Agriculture (USDA), Food and Drug Administration (FDA), Environmental Protection Agency (EPA), State Department and U.S. Geological Survey. USDA, FDA and EPA share regulatory responsibility regulating agricultural biotechnology. Depending on its characteristics, a genetically engineered product may be subject to review by one or more of these agencies. The centerpiece of the site is a searchable database of genetically engineered crop plants intended for food or feed that have completed all recommended or required reviews for food, feed or planting use in the United States. The database lists products that have completed evaluations at all relevant federal agencies for a particular use. It does not provide information on whether or not a product actually is being used commercially in the United States. A company may choose not to sell or distribute a product that is listed on the database. Links on the website give access to information about the U.S. oversight system for products of biotechnology, including the roles of the U.S. regulatory agencies; the laws, regulations, and procedures applicable to these products; and information the regulatory agencies have produced in reviewing each product. The agencies say the new website is part of the U.S. government effort to share information with the public about products of agricultural biotechnology and to promote transparency in the review process that genetically engineered crop plants undergo before they are sold or used in the United States.
Energy, Environment Agencies to Expand Collaboration WASHINGTON, DC, February 18, 2004 (ENS) - The federal energy and environment agencies are extending their collaboration in the areas of research and computing.U.S. Environmental Protection Agency Administrator Michael Levitt and Department of Energy Secretary (DOE) Spencer Abraham today will sign a Memorandum of Understanding to promote and conduct research that the officials say will result in "high quality products that strengthen environmental health." The two agencies intend to create a high performance computing network and share scientific resources in research areas including - computational toxicology, genomics, nanotechnology, remote sensing, bioinformatics, and sustainable energy use. The agreement will promote a "collaboratory" or virtual science laboratory without walls, in which researchers can share scientific products regardless of geographical location. Leavitt says the EPA will benefit from increased access to DOE's Joint Genome Institute. The institute, established in 1997, is a consortium of scientists, engineers and support staff from the DOE's Lawrence Berkeley, Lawrence Livermore, and Los Alamos National Laboratories. The institute is working to help determine the three billion letters ("base pairs") worth of genetic text that make up the human genome, an international project, that is the largest biological undertaking in history. The EPA will also have increased access to work being conducted at Sandia National Laboratories in New Mexico and California. Funded primarily by the DOE and managed by the Lockheed Martin Corp., Sandia works on national security projects, among other research. Some of Sandia's current projects include a decontamination formulation that rapidly neutralizes chemical and biological agents, a handheld MicroChemLab™ that detects chemical, biotoxin, and pathogen signatures, a program that assesses water infrastructure vulnerabilities, and technology for improving the security of dams and power systems.
Tribal Water Systems Assessed for Terrorist Vulnerability SAN FRANCISCO, California, February 18, 2004 (ENS) - The U.S. Environmental Protection Agency (EPA) has awarded $75,000 to a nonprofit organization to assist California tribes in protecting their drinking water systems from vandalism, terrorist attacks, and other threats. Tribal drinking water systems are often located in isolated areas that can be difficult to secure and patrol, which makes them potentially more vulnerable to risks.The EPA awarded $75,000 to the Rural Community Assistance Center in West Sacramento, California to assist tribes in assessing potential vulnerabilities in their drinking water systems. Workshops are being held today and tomorrow in Lakeport, California. "Investing in water security is especially important for smaller systems, which are often more vulnerable," said Alexis Strauss, the EPA's water division director for the Pacific Southwest region. "This funding will help our tribal partners protect their vital sources of drinking water." The EPA has awarded $440,000 to three nonprofit organizations and the Navajo Nation to help tribes in California, Arizona and Nevada assess and protect their drinking water systems. The Bioterrorism Act of 2002 requires that the EPA and drinking water systems take steps to improve the security of the nation's drinking water infrastructure. All tribal community water systems that serve between 3,300 and 50,000 people are required to conduct vulnerability assessments by June 2004.
Rivers and Estuaries Center on the Hudson Advances BEACON, New York, February 18, 2004 (ENS) - Development of the planned Rivers and Estuaries Center on the Hudson River took a step forward Saturday with the announcement of a $300,000 grant to the City of Beacon to prepare a harbor management plan and a study of locations and docking designs for the scientific and research facility.Governor George Pataki announced the funding at the opening of a new, temporary headquarters for the Rivers and Estuaries Center on the Hudson. The headquarters, located on Beacon's Main Street, will serve as the project office for the center while permanent facilities are designed and constructed at state owned land on Dennings Point and the Beacon Waterfront. Pataki proposed the Rivers and Estuaries Center in his 2000 State of the State Address, and on April 22, 2003, Earth Day, he announced the City of Beacon would be the center's future home. The center will host programs to advance the understanding of rivers, estuaries and watersheds that will help guide policies for their conservation and management. Educational programs, including seminars, lectures and forums for teachers, students, citizen scientists and the general public will be part of the center's appeal. Funding for the development and operation of the center will come from individual and corporate donations, research and not-for-profit organizations, and governmental assistance. More than $30 million has been committed to the Center, including $10 million from the New York Power Authority, $5 million from the Dyson Foundation and $750,000 from Dutchess County where the City of Beacon is located. The center's grant is one of 10 Hudson Valley projects that will be funded with $1.45 million in Environmental Protection Fund - Local Waterfront Revitalization Program grants the governor said Saturday. Also in Dutchess County, the Town of Poughkeepsie will receive $100,000 towards construction of a pier. The town, coordinating with the City of Poughkeepsie and Marist College, will design and construct a fixed fishing and mooring pier at Longview Park on the Hudson River, on land jointly owned by the town and city. The pier will provide public access for fishing and offer mooring for non-motorized boats, research and education boats, and touring boats. The Village of Athens in Greene County will receive $200,000 to rehabilitate its Waterfront Park, two adjacent properties, and the streetscape along the central waterfront district. Among other improvements that will make the Hudson River more accessible to the public, the Village of Haverstraw will receive $325,000 to begin construction of Phase I of Esplanade Park, including shoreline stabilization with riprap and a shoreline walkway, complementing work to develop an adjacent residential community as part of a comprehensive urban renewal and waterfront redevelopment strategy. The land for Esplanade Park will be purchased by the site developer and donated to the village. "Communities across the Empire State are recognizing the value and potential of their waterfront areas, and we are pleased to help them with projects that will improve their quality of life," Governor Pataki said. "These EPF grants will help cities, towns and villages throughout the Hudson Valley redevelop and revitalize their waterfronts, expand public access, while also boosting tourism and economic development opportunities."
Kentucky Bill Would End Shooting of Unwanted Pets FRANKFORT, Kentucky, February 18, 2004 (ENS) - Kentucky lawmakers are being urged by a 126 year old humane society to pass legislation ending the use of gunshot as a lethal method of routine animal control in Kentucky's animal shelters.The proposed bill, HB336, sponsored by Representative Roger Thomas, a Democrat, would also set minimum statewide standards for animal shelters to meet within two years of the bill's passage. Thomas is a farmer from Smith's Grove, Kentucky who chairs the state House Agriculture & Small Business Committee. "The millions of stray and unwanted animals that must be euthanized each year deserve a peaceful death, and shelter workers deserve access to a means to end their lives compassionately and with dignity," says Doug Fakkema, American Humane's associate director of training and special projects. American Humane, a national organization that works to protect children and animals, is supporting the legislation. The organization went further to say that euthanasia by injection should be the only allowable method of euthanasia in Kentucky and throughout the country. Euthanasia by injection (EBI) is a medical procedure that utilizes an anesthetic drug called sodium pentobarbital. Thirteen states, including Tennessee, Georgia, and Arkansas, have banned other lethal methods, such as gas chambers, and have mandated that EBI be the sole means of euthanasia. "Whether or not HB 336 is amended to be an EBI only bill this year, we believe banning the use of gunshot to end the life of an animal is a step in the right direction," said Amy Ridings, American Humane's legislative director. American Humane provides EBI training, conducting more than 30 EBI trainings a year all over the world.
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