• Corps Suspends Mountaintop Removal Permits Ahead of Court Hearing
  
• Critical Habitat Proposed for Puget Sound Orcas
  
• Louisiana HazWaste Settlement Reached After 16 Years in Court
  
• Vinyl Chloride Emissions Cut in Texas, Kentucky, New Jersey
  
• Illinois Requires Nuclear Power Plants to Notify State of Leaks
  
• Fumigation That Injured Workers Costs Terminix $80,000
  
• Colorado Invests $6 Million in Renewable Energy Research
  

Corps Suspends Mountaintop Removal Permits Ahead of Court Hearing

The Corps' decision comes as hearing dates approach in a lawsuit filed last year by environmental groups challenging these permits in U.S. District Court for the Southern District of West Virginia. There is a hearing on the merits of the case scheduled for June 20 in Huntington.

Activists familiar with mountaintop removal mining say this is the first time that the Corps has voluntarily planned to suspend permits of this type.

"We are very glad to see that destructive mining practices at these mines will stop at least for now," said Vivian Stockman, a member of the Ohio Valley Environmental Coalition, one of the plaintiffs in a case challenging the Army Corps of Engineers illegal permitting process.

"But it is unfortunate to see that a flawed process that the Corps has used to approve these mines has shown to be so ineffective. By allowing mining at the wrong sites and violating the law, jobs could be lost and economies could be hurt by the blatant disregard of the U.S. Army Corps of Engineers," Stockman said.

Joining the Ohio Valley Environmental Coalition in the lawsuit are Coal River Mountain Watch, and the West Virginia Highlands Conservancy. These groups are being represented by the Appalachian Center for the Economy and the Environment and Earthjustice.

"We are very pleased to hear that the Corps has decided to review these permits, and we're hopeful that the agency will ensure that any future action in connection with these permits will comply with the law," said Earthjustice attorney Jennifer Chavez.

"For years the Corps of Engineers has failed to follow the law and guarantee that people living in the Appalachian region are protected from rock slides, catastrophic floods, poisoned water supplies and destroyed property," said Janice Nease with Coal River Mountain Watch.

"Their decision to suspend these permits will hopefully be a signal that they finally plan to comply with the law and protect us in West Virginia and all over Appalachia. It's is a shame that the Corps did not start this process in a legal manner that would have protected the environment while at the same time preserving jobs for many local miners."

Critical Habitat Proposed for Puget Sound Orcas

The Southern Resident killer whale, whose population is separate from other killer whale groups, appears in Puget Sound typically in May. Some of the black and white whales remain into the fall months.

The area proposed for critical habitat designation covers parts of Haro Strait and the waters around the San Juan Islands, the Strait of Juan de Fuca and all of Puget Sound a total of just over 2,500 square miles.

The agency is excluding from the designation 18 military sites covering nearly 112 square miles of habitat.

Once critical habitat is formally designated, possibly by the end of the year, federal agencies will be required to consult with NOAA Fisheries Service to ensure their actions will not destroy or adversely modify the whales’ designated habitat.

The agency is also producing a killer whale recovery plan, a requirement under the Endangered Species Act, which will be available for public comment later this month.

Federally listed as endangered in 2005, the Southern Resident killer whale population peaked in the 1990s at 97 animals then declined to 79 in 2001. Currently there are 90 whales in existence with several calves recently born into the population.

The animals, which are actually the largest form of dolphin, spend the majority of their time in the Pacific Ocean. Males, generally larger than females, can reach almost 30 feet at maturity and weigh more than 15,000 pounds.

Biologists at NOAA say they are "heartened" by the population increases in recent years, but remain concerned about water quality, effects of boat traffic on the whales, and the availability of food, especially salmon, their primary food source.

Environmentalists are concerned about these issues and also about underwater sonar tests by the U.S. Navy.

NOAA Fisheries Service at first decided not to list this population of whales, saying they were not distinct from other orcas in the area. In 2002, eight environmental groups sued, and U.S. District Judge Robert Lasnik ordered the agency to reconsider, using the latest science.

In November the Service agreed to list the Puget Sound population group.

Farmers and property rights groups have challenged the listing in federal district court in Seattle, alleging that they could be subjected to "needless water and land use restrictions" on properties located near salmon rivers.

The agency will hold public meetings on the habitat designation proposal at the Seattle Aquarium July 12 and in Friday Harbor July 13. Comments on the proposal may be sent to NOAA Fisheries Service until mid-August via email at: orcahabitat.nwr@noaa.gov or by writing to: Chief - Protected Resources Division, 1201 NE Lloyd Blvd., Suite 100, Portland OR 97322-1274.

Louisiana HazWaste Settlement Reached After 16 Years in Court

The first settlement is with Marine Shale, Recycling Park, and John Kent Sr. under the Resource Conservation and Recovery Act (RCRA); the Clean Water Act; the Clean Air Act; and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The second settlement is with Southern Wood Piedmont Company and Rayonier Inc. under RCRA and CERCLA related to the Marine Shale and Recycling Park facilities.

In 1990, the United States and the state of Louisiana filed civil complaints against Marine Shale to stop violation of environmental laws and recover civil penalties for Marine Shale’s illegal operation of a hazardous waste treatment, storage, and disposal facility. After trials in 1994, the district court awarded the United States and the state $8 million in civil penalties.

On appeal in 1996, the Fifth Circuit Court of Appeals affirmed $4 million of the civil penalty award to the government, but remanded the remaining $4 million of the award for further district court proceedings. Later that year, Marine Shale terminated operations at its facility.

“This agreement will bring what area residents have been waiting for: a cleanup that will demolish the old facility, including the kiln, and put the property back into productive use,” said EPA Regional Administrator Richard Greene.

Under the proposed settlement and judgment with Marine Shale, Recycling Park and Kent, the court will enter a $6.2 million judgment for penalties in favor of the United States and LDEQ and against Marine Shale and Recycling Park.

A separate $6.2 million in bond proceeds from Marine Shale will be transferred to LDEQ for the closure and remediation of the contamination at the Marine Shale and Recycling Park facilities.

An additional $850,000 letter of credit posted by Marine Shale will also be transferred to LDEQ and used for the cleanup of the Marine Shale and Recycling Park facilities.

In addition, Marine Shale, Recycling Park, and Kent are prohibited from owning or controlling a majority interest in or participating in the management of any business involved in waste management or recycling.

After EPA and LDEQ certify that the cleanups at the Marine Shale and Recycling Park facilities have been completed, the governments have the option of receiving the proceeds from the sale of the properties to satisfy the civil penalty judgment.

Under a separate proposed consent decree with Southern Wood Piedmont and its parent Rayonier, the two companies have agreed to perform corrective action and cleanup at the Recycling Park facility located near the Marine Shale facility by placing a protective cap over the hazardous materials in accordance with a work plan approved by EPA and LDEQ. The two companies will also pay $200,000 toward the cleanup at the Marine Shale facility.

“This joint enforcement action will bring to a favorable conclusion 16 years of litigation against Marine Shale and provide substantial funds for the cleanup of the remaining hazardous constituents at the Marine Shale and Recycling Park facilities,” said Sue Ellen Wooldridge, assistant attorney general for the Justice Department’s Environment and Natural Resources Division.

"We believe that the proposed settlements, if approved, would resolve a complicated set of disputes in a manner that would benefit the people and environment," said Hal Leggett, LDEQ Assistant Secretary for the Office of Environmental Compliance. "We are now on a path that we hope will lead to the return of these properties to uses that will be positive for St. Mary Parish and the community."

The proposed settlement and judgment with Marine Shale, Recycling Park and Kent, as well as the proposed consent decree with Southern Wood Piedmont and Rayonier, are subject to a 30 day federal and a 45 day state public comment period and final court approval before becoming effective. A public hearing will be held regarding the proposed settlements at 7:00 pm on July 19, 2006, at the Morgan City Municipal Auditorium, 705 Myrtle Street, Morgan City, Louisiana.

Vinyl Chloride Emissions Cut in Texas, Kentucky, New Jersey

Oxy Vinyls is North America’s largest polyvinyl chloride (PVC) resin supplier and the third largest PVC supplier worldwide.

Under the settlement, Oxy Vinyls, headquartered in Dallas, will reduce vinyl chloride emissions at its plants in Pasadena, Texas; Deer Park, Texas; Louisville, Kentucky; and Pedricktown, New Jersey. The requirements associated with these reductions will become part of Oxy Vinyls’ permits.

“We are pleased that this settlement requires Oxy Vinyls to go beyond compliance and take immediate steps to reduce vinyl chloride emissions. The reductions will produce real health benefits for the people who live and work near Oxy Vinyls PVC facilities,” said EPA Regional Administrator Richard Greene.

Oxy Vinyls has agreed to perform three environmental projects at an estimated cost of $1.2 million that are expected to permanently decrease emissions of vinyl chloride by 40,000 pounds per year within five years.

Most vinyl chloride is used to make PVC plastic and vinyl products. Exposure to vinyl chloride emissions has been linked to adverse human health effects, including liver cancer, other liver diseases, and neurological disorders. The Environmental Protection Agency has classified vinyl chloride as a Group A human carcinogen.

Oxy Vinyls will also pay a civil penalty of $140,000 to be split between the United States and the LMAPCD and a civil penalty of $200,000 to New Jersey for separate violations in the state.

Oxy Vinyls will conduct sampling for hazardous wastes at the Pasadena Facility. The company has also agreed to comply with specific leak detection requirements at its Pedricktown Facility.

“Today’s settlement substantially reduces emissions of vinyl chloride, a known carcinogen, and achieves compliance with environmental laws,” said Granta Nakayama, EPA’s assistant administrator for the Office of Enforcement and Compliance Assurance. “We appreciate the cooperation from Oxy Vinyls in stepping forward to work with us to reach this important settlement.”

Oxy Vinyls will install new stripper trays at all columns at the Pasadena, Texas facility to achieve 39,820 pounds of vinyl chloride emissions reductions of a volatile organic compound (VOC) per year in a ground-level ozone non-attainment area. VOCs are a component of ground-level ozone, or smog.

The Louisville Railcar Unloading project is expected to achieve emissions reductions of approximately 100 pounds per year at the Louisville facility through installation of a rail car vapor unloading vacuum system.

The Pedricktown Equipment Openings project will modify two reactors at Oxy Vinyls’ Pedricktown facility to reduce the frequency of reactor and chip catcher openings and thereby reduce vinyl chloride emissions.

In addition, Oxy Vinyls will pay $125,000 for the University of Medicine and Dentistry of New Jersey to design and conduct a study to determine the source of the dust and particulate deposition in and around residential locations in the Camden Waterfront South neighborhood in Camden, as a New Jersey state environmental project.

Oxy Vinyls will conduct Leak Detection and Repair monitoring/tests at the Pedricktown Facility in accord with New Jersey regulations, and also implement a leak detection program at each of its two process lines at the Pedricktown Facility in compliance with federal regulations.

"This comprehensive agreement illustrates New Jersey's unwavering commitment to reducing air toxics and improving the quality of the air we breathe," said Lisa Jackson, commissioner of the New Jersey Department of Environmental Protection.

The Oxy Vinyls settlement is part of a larger initiative focusing on the polyvinyl chloride manufacturing industry. The settlement announced today is the third reached to date.

Illinois Requires Nuclear Power Plants to Notify State of Leaks

CHICAGO, Illinois, June 12, 2006 (ENS) - In response to a series of leaks of water contaminated by radioactive tritium from the Dresden, Braidwood and Byron nuclear power plants, Governor Rod Blagojevich signed a new law Saturday requiring plants to report releases of radioactive contaminants in to the soil, surface water or ground water to the state of Illinois within 24 hours.

Previously, nuclear facilities in Illinois were required to report releases only to the federal Nuclear Regulatory Commission (NRC), and then only when the release was at a high concentration.

After learning about the releases from Exelon’s Dresden, Braidwood and Byron plans, state Representative Careen Gordon, a Coal City Democrat, and state Senator Gary Dahl, a Peru Republican, introduced House Bill 1620 requiring the notification to the state.

The law is effective immediately.

“People should not be afraid to drink water from their faucet or give their children a bath,” said Governor Blagojevich. “This new reporting requirement will give people the information they deserve to know about whether the water they use is safe.”

The owner and operator of the power plants, Exelon Nuclear, failed to report the releases to state officials in a timely manner. The state became aware of the spills only after being informed by local officials near the Exelon Braidwood nuclear facility. After that, information about additional spills at the Braidwood plant and other nuclear facilities was revealed.

“I have a lot of concerned people in my district who have been questioning whether or not Illinois’ nuclear plants have been observing the necessary level of safety, and are calling on the state to more closely regulate these facilities,” said Dahl. “I think this new law will not only alleviate some of their concerns, but also guarantee that the utmost precaution is being taken at the state’s nuclear facilities.”

"For too long, nuclear power plants have been able to control how, when and if they were held accountable for their effects on public health," said Gordon. "This new law raises our public health standards. Every Illinois resident should have access to this critical information so that they can make informed decisions about their family's health, property and communities."

While the leaks encountered at Braidwood did not constitute an immediate threat to human health, the long-term effects of radioactive contamination in the surrounding groundwater and soil could ultimately create an environmental hazard to the residents nearby.

The Illinois Environmental Protection Agency (IEPA) sent Exelon Nuclear Violation Notices, which specifically identified violations of state environmental regulations relating to the impairment of resource groundwater.

“The people of Illinois have the right to know if there are potentially harmful substances being released in their own communities,” said IEPA Director Doug Scott. “This legislation will ensure that companies make a conscious decision to notify public officials, take corrective measures and inform the community of the accident immediately.”

The bill also requires that state agencies will conduct quarterly inspections at each of the six nuclear power plants in Illinois - Braidwood, Byron, Clinton, Cordova, Dresden, and La Salle.

Fumigation That Injured Workers Costs Terminix $80,000

TRENTON, New Jersey, June 12, 2006 (ENS) - The state of New Jersey has reached an $80,000 settlement with Terminix International stemming from a botched cocoa-bean fumigation that exposed nine employees to the pesticide methyl bromide.

"We found it disturbing that Terminix put employees to work with one of the world's most hazardous pesticides without appropriate oversight or training," said Department of Environmental Protection Commissioner Lisa Jackson. "What should have been a routine warehouse fumigation went badly awry, and only by sheer luck did the employees survive."

Terminix dispatched nine employees on May 12 and 13, 2004, to fumigate cocoa beans stored on pallets in a 500,000 cubic foot area of the Lyons & Sons Inc. warehouse in Pennsauken.

The Terminix crew covered rows of the 18 foot high stacks of cocoa beans with plastic tarps and sealed them. The crew's supervisor, who was licensed to perform commercial fumigations, then wrongly inserted a hose into the side of each covered stack and pumped in a total 1,037 pounds of "Meth-O-Gas 100," which contains the active ingredient methyl bromide.

When done properly by following directions on the methyl bromide label, as required by law, the liquid pesticide is applied either with a vaporizer or into evaporation pans positioned at the top of the stack so it is evenly distributed as a gas. The tarps should remain sealed for 12 to 24 hours to eradicate any infestations of insects or other pests.

The law also requires employees to wear self-contained breathing apparatus during certain phases of the application and to test the air before allowing employees to re-enter the area to remove the tarps.

Instead, under their supervisor's direction, the untrained Terminix crew - none of whom wore the required safety gear - began removing tarps at least four hours too early and were immediately overcome by the toxic fumes.

The DEP's Pesticide Control investigators determined that the fumigation, from start to finish, represented a gross misapplication of methyl bromide, and all safety requirements for protective equipment and air testing had been ignored.

Two of the employees suffered severe injuries. Three others also required medical treatment following the incident.

Methyl bromide can irritate and burn the eyes and skin on contact, and exposure can permanently damage the nervous system. Overexposure can cause headache, nausea, vomiting, tremors, slurred speech, dizziness and convulsions. Very high levels can result in rapid loss of consciousness and death.

Soon after the incident, the DEP's Compliance and Enforcement investigators cited Terminix for a host of pesticide control and air pollution violations.

The warehouse fumigation incident prompted the DEP to conduct an overall assessment of the fumigation industry in New Jersey. Also, as a result of the Terminix case, the DEP set a national precedent by regulating the release of air toxics from transient fumigation processes. Future fumigation licenses will include air pollution control requirements.

In addition to the $80,000 payment, the settlement agreement prohibits Terminix International and any of its subsidiaries and franchises from participating in New Jersey's commodities fumigation industry for at least a year.

Colorado Invests $6 Million in Renewable Energy Research

DENVER, Colorado, June 12, 2006 (ENS) - Colorado Governor Bill Owens has signed into law a measure to fund a new Colorado renewable energy research collaboration.

The U.S. Department of Energy's National Renewable Energy Laboratory (NREL), and three Colorado research universities have been working together since March to create the Colorado Renewable Energy Collaboratory.

The Collaboratory will receive up to $2 million per year for three years, beginning in fiscal year 2007. The Colorado School of Mines, Colorado State University and the University of Colorado are partners in the project with NREL, which is based in Golden, Colorado.

The funds can be used only as matching funds to enable the Collaboratory to qualify for federal and private research projects.

NREL and the universities will pay for all overhead costs of the Collaboratory from their existing budgets. If the Collaboratory uses any state monies as matching funds, those monies must be repaid to the state as the Collaboratory earns income from technologies developed and transferred to private industry.

“This idea is a direct off-shoot of the Renewable Energy Summit I hosted in January, and a follow-up planning session I hosted with the presidents of CU, CSU and Mines, along with NREL’s director," said U.S. Senator Ken Salazar. "The Summit, where representatives from the entire energy community came together to share their thoughts and ideas on renewable energy and spell out its potential, spawned many other ideas for action, which we continue to pursue."

"The National Renewable Energy Laboratory applauds Governor Owens, Senator Salazar and the Colorado Legislature for advancing renewable energy in Colorado,” said NREL Director Dan Arvizu. “We look forward to a long and productive collaboration with our Colorado university partners to enable the state to become a national leader in renewable energy science, technology development and education."

Renewable energy includes current and potential energy sources, such as solar and wind energy; ethanol and biodiesel from agricultural crops and forest products; geothermal energy for heating and cooling; hydrogen fuel cells; and other emerging technologies.

"This legislation is an exciting new development for the University of Colorado and other Colorado institutions,” said CU President Hank Brown. “Mobilizing our expertise in renewable energy along with the resources at the National Renewable Energy Laboratory will not only foster pioneering research, but will place Colorado on the map as a vital leader in renewable energy research."

Colorado State University President Larry Penley said, "Colorado State University, in concert with our renewable energy Collaboratory partners, is dedicated to economic development in Colorado while providing solutions for a reliable, clean and secure energy future. Colorado State University is actively involved in energy technology research and development on biofuels, solar cell production, smart power grids, wind systems and biomass conversion."

"Access to clean and affordable energy is essential to the economic well-being of our state, our nation and the world," Colorado School of Mines President John Trefny said. "The development of energy resources and associated technologies has been a major part of the Colorado School of Mines mission since its very beginning."

Although the formal establishment of the Collaboratory is still in process, NREL and the Universities have already joined forces to compete for a contract that will be issued by the U.S. Department of Energy for research on the utilization of solar energy.