• Florida Hurricane Disaster Aid Tops $2 Billion
  
• EPA Accused of Ignoring Court Order to Regulate Cement Kilns
  
• Park Service Retirees Release Science Report Withheld by Director
  
• Unregistered Garden Hose Pesticide Gets KMart in Trouble
  
• Coastal Wetlands Grants Worth $13 Million Awarded
  
• Puerto Rico Developers Fined for Filling Wetlands
  
• Certified Forestry, Eco-Protection Power Wisconsin Timber Trade
  
• New Council Applies Sustainability at NanoScale
  

Florida Hurricane Disaster Aid Tops $2 Billion

To date, 1,052,000 Floridians have registered for recovery aid since Hurricane Charley first struck the state on August 13, followed by Hurricanes Frances, Ivan and Jeanne.

"Providing temporary housing continues to be the major focus in our recovery effort," said Brown, who heads the Federal Emergency Management Agency (FEMA). "At this time, we are primarily focused on helping everyone who was made homeless by the recent disasters relocate to safe and secure living quarters so they will have the ability to concentrate on their recovery."

Of the more than $2 billion in federal and state disaster aid, $806.3 million was approved for assistance to homeowners, renters and business owners. That assistance includes housing assistance such as lodging expenses, rental assistance, home repair, and other related needs such as medical and dental expenses and transportation costs.

Another $910.8 million was obligated to state and local governments to ensure the orderly response to emergency situations. The U. S. Small Business Administration also has approved $324.5 million in low-interest loans to individuals and business owners.

While the initial emphasis was directed at individual safety and recovery, FEMA and Florida's State Emergency Response Team have begun the process of assisting local governments and certain private, non-profit organizations in their recovery efforts. Currently, $51.2 million in federal funds has been obligated for infrastructure assistance. FEMA pays 90 percent of the costs, and the state and local governments share the balance.

EPA Accused of Ignoring Court Order to Regulate Cement Kilns

The nation’s 137 cement kilns emit mercury, hydrogen chloride and organic hazardous air pollutants (organic HAPs). The motion cites the EPA’s own estimates that the cement kiln industry emits five tons of mercury, and more than 15,000 tons of hydrogen chloride each year.

In addition, the kilns emit 580 tons of organic HAPs, including "365 tons of hexane, thirty-two tons of benzene, thirty tons of toluene, sixteen tons of naphthalene, and twelve tons of chlorobenzene," the motion states.

"It is undisputed," the motion states, that emissions of all these toxics by existing cement kilns "are not subject to emissions standards."

In December 2000, the federal Court of Appeals for the DC Circuit ordered the EPA to issue regulations under the Clean Air Act to limit the amount of mercury, hydrogen chloride and organic hazardous air pollutants that cement kilns can emit.

“In spite of the fact that 45 states have fish consumption advisories due to mercury contamination and even though one in six American women of childbearing age has mercury levels in her blood high enough to put her baby at risk, the Bush administration continues to ignore science and is letting these facilities off the hook for cleaning up this poison,” said Navis Bermudez, director of Sierra Club's Clean Water Campaign.

The cement kiln industry operates facilities in thirty-seven states spanning every region of the country. Cement kilns release toxins during the cement manufacturing process, which involves burning fossil fuels and various types of waste-derived fuels.

“By ignoring the court’s order, the Environmental Protection Agency has shown contempt for the rule of law and blatant disregard for human health,” said Earthjustice attorney Jim Pew.

“Cement kilns emit large amounts of mercury and other air pollutants and they need to have the best air pollution control technology available if public health is to come before profits,” Jane Williams of Sierra Club said. “The Bush administration’s refusal to properly regulate these kilns puts at risk every single person living near these facilities. For the agency to neglect protection for these citizens is unacceptable.”

Mercury is a neurotoxin that can cause adverse reproductive and developmental health effects and is dangerous in small amounts. Hydrogen chloride, also known as hydrochloric acid, is an irritant to the eyes, nose and throat.

Organic HAPs can have harmful effects, the complaint states, ranging from respiratory disturbances, effects on the central nervous system, disorders of the blood, toxicity to the immune system, increased risk of spontaneous abortion, developmental effects; gastrointestinal irritation; liver injury, and increased cancer risk.

The EPA has not only failed to issue the emission standards identified in the court’s opinion, the Sierra Club complains, the agency has failed even to take the first step of proposing such standards.

But the Cement Kiln Recycling Coalition, an industry association, says that the combustion of hazardous waste in cement kilns has been regulated by the EPA since 1991. "No other form of combustion is regulated more stringently than the use of hazardous waste as fuel in cement kilns," the coalition says.

Cement is produced in huge rotary kilns by heating a mixture of minerals to over 2600 degrees F, the coalition explains. This is a very energy intensive process and cement manufacturers have developed technology that allows the use of waste created by other industrial processes to replace non-renewable fossil fuels.

These waste fuels include used paint solvents, discarded paints and coatings, inks and ink solvents, various resins and organic sludges, as well as petroleum refining chemical manufacturing by-products.

In September 1999, under the Clean Air Act, the EPA published new, more stringent regulations governing hazardous waste combustion. These rules, called Maximum Available Control Technology (MACT) standards, were developed by EPA over a six year period, says the coalition.

The MACT standards "contain strict technology-based limits on emissions of particulate matter and also of hazardous air pollutants, including metals, dioxins, chlorine, hydrochloric acid, carbon monoxide and hydrocarbons," the coalition says. "EPA is updating those standards in a revised MACT rule that will be finalized in 2005."

Read the Earthjustice motion by clicking here.

Park Service Retirees Release Science Report Withheld by Director

The National Park System Advisory Board report, "National Park Service Science in the 21st Century," is online here.

The Advisory Board report is an outgrowth of the National Park Service's Natural Resource Challenge program, which was initiated in 1999 by Congress at the urgent request of the NPS to improve management and protection of natural resources in the National Park System.

In addition to increasing the NPS's natural resource budget from about $100 million per year to $200 million per year, the Challenge includes a range of technical natural resource management strategies to provide improved science for parks.

The Bush Administration expressed interest in continuing the Natural Resource Challenge when they came into leadership, although the funding requests to Congress from the administration have been scant and have delayed the proposed completion date of the Challenge by several years, the retirees say.

In May 2002, Mainella asked her Advisory Board to review the Service's Natural Resources Challenge program and offer recommendations concerning future directions for science and scientific resource management in the national parks.

On March 10, 2004, Advisory Board Chairman Douglas Wheeler transmitted the final report to Mainella. "This peer review of the concept, design, and implementation of the Challenge," he said, "conducted by nationally and internationally recognized scientists, concludes that the Challenge is a bold, innovative and successful program."

The board "heartily endorses the Science Committee's far-reaching recommendations," he said, "which, if embraced and implemented will ensure the future of the nation's natural heritage that is reflected in the National Park System."

The report outlines steps for reducing shortcomings in past levels of NPS support for using science as a management tool.

According to the retirees, the report is being "held hostage" to the Bush administration's campaign of ignoring science in order to clear the way for controversial steps - such as opening up Yellowstone National Park to snowmobiles - that violate the National Park Service mission of protecting the resources of the national park system.

The full text of the CCNPSR letter to Mainella is online here.

Unregistered Garden Hose Pesticide Gets KMart in Trouble

Since the products are not registered with EPA, the agency is not able to verify their effectiveness as pesticides.

EPA is seeking a penalty of $110,000 in a complaint against the company, based on EPA inspections in April 2004 at Kmart stores in Linden and New Brunswick, New Jersey.

Kmart, which is headquartered in Troy, Michigan, receives a variety of garden hose products at its warehouses in California for distribution to its retail stores across the country.

"Our goal is to stop companies from making unsubstantiated claims that their products protect public health by destroying bacteria, mold, mildew and fungus," EPA Regional Administrator Jane Kenny said. "In this case, the products in question are not just a problem in our region. They are on the shelves of Kmart stores coast to coast."

Under the Federal Insecticide, Fungicide and Rodenticide Act, companies must register all products containing pesticides with the EPA and must ensure that claims are accurate. The labels on the Kmart hoses state that they contain Microban, which is an EPA approved pesticide that inhibits the growth of bacteria and fungus in manufactured materials and finished product.

But the company "overstates its product's effectiveness," Kenny said, by including terms and phrases on its labels such as "bacteria inhibitor," Microban antimicrobial protection," and "used in. . . medical products over 35 years."

These claims imply that Microban, which does serve to preserve the hoses themselves, will also protect the health of the consumers who use them.

Since the pesticide is in the fabric of the hoses, its pesticide properties only preserve the integrity of the hoses and do not kill bacteria within the water that runs through them.

Kmart has the opportunity to plead its case before an administrative law judge or to contact EPA to negotiate an informal settlement of the matter.

Coastal Wetlands Grants Worth $13 Million Awarded

The grants provide funding for 16 projects and will be supplemented with nearly $13 million from state and private partners.

The grants will be used to acquire, restore, or enhance coastal wetlands for long term conservation benefits to wildlife and habitat.

In Alaska, a total of $1,283,900 in grants, augmented by $583,545 in matching funds from the State and other partners, will be used to conserve habitats adjoining Icy Strait and Nushagak Bay.

"Programs like the National Coastal Wetlands Conservation grants strengthen the hands of those citizens and groups of citizens who are eager to roll up their sleeves and contribute to meaningful conservation efforts," said the Service's Alaska Regional Director Rowan Gould.

"With the help of such partners, and only with their willing help, we will be able to pass on to our children and grandchildren a legacy of natural resources we, and they, can be proud of."

To date, the Service has awarded almost $152 million in grants to states and a U.S. territory under the program. Almost 189,000 acres will have been protected or restored since the wetlands grant program began in 1990.

Partners in this year's projects include state and local governments, private landowners and conservation groups such as Ducks Unlimited, the Trust for Public Land and the Wildlife Forever Foundation.

National Coastal Wetlands Conservation grants are awarded to states through a competitive process. The program is funded by the 1990 Coastal Wetlands Planning, Protection, and Restoration Act. Funding for the program is generated from excise taxes on fishing equipment and motorboat and small engine fuels. These taxes are deposited into the Sport Fish Restoration Account of the Aquatic Resources Trust Fund.

Puerto Rico Developers Fined for Filling Wetlands

The cases were referred to EPA by the U.S. Army Corps of Engineers, which also enforces wetlands regulations. In all of the cases, said Jane Kenny, EPA Regional Administrator, the agency believes the developers knew their obligations under the law to obtain permits, and went ahead with illegal construction even though they could not get the permits.

The agency is seeking $137,500 from Hector Torres Zayas of Ciudad Centro, Inc. and Pablo Padre of the Economic Construction Corporation for filling in 2.9 acres of wetlands to build a portion of a housing development in Aguada, Puerto Rico. EPA ordered them to remove the fill and replant aquatic vegetation.

Dennis Bechara, the president of Western Shopping Center, Norte, Inc. and Hector del Rio-Torres, the president of Tamrio, Inc. are also being fined $137,500 for building without a permit.

Before filling a wetland, entities must first apply for a permit from the Army Corps of Engineers. After having difficulties obtaining a permit from the Corps, they constructed Western Industrial Park in Mayaguez and impacted 1.9 acres of wetlands. EPA ordered these companies to restore the wetlands and estimates that the combined cost for both construction projects mentioned will be over $400,000.

Three entities are being fined $27,500 for violating the Clean Water Act. Carlos Cuebas, the president of a small chain of home improvement stores called Ferreteria Maderas 3-C, Inc., expanded his business in San Juan by filling 0.76 acres of mangrove wetlands. Cuebas did this without a permit, while already having one violation for previously conducting illegal activity at the same site.

Miguel Vidal Quidgley, the president of the housing development company Las Pinas Development Corporation and Armando Travieso, the president of the Atlantic Construction Company, were also ordered by EPA to restore filled streams and pay penalties of $25,700.

The companies filled in 700 linear feet of small mountain streams to construct a portion of the Las Campinas housing development.

These streams provide habitat for the endangered Puerto Rico plain pigeon and the estimated cost of replacing the streams will cost over $50,000.

"Building on wetlands poses serious threats to the welfare of local residents and wildlife in Puerto Rico, and it cannot proceed unchecked," said Kenny.

"Filling wetlands causes flooding and means less space for the island's magnificent birds to congregate, for fish to spawn and for mammals to rear their young," Kenny said. "It also reduces the benefits that wetlands provide by naturally removing chemical contaminants from the water supply."

In addition to protecting water quality, wetlands provide storm protection, erosion control and food and habitat to numerous fish, birds and other wildlife. The loss or degradation of wetlands can lead to serious consequences, such as extinctions and the decline in productivity of coastal fisheries.

For information about applying for wetlands permits, visit: www.usace.army.mil/inet/functions/cw/cecwo/reg

Certified Forestry, Eco-Protection Power Wisconsin Timber Trade

“This will give our mills a competitive advantage in marketing their products. Though they may not realize more income, it will enable them to keep their share of the market for a longer term,” he said.

Forestry is big business in Wisconsin. Together, the state’s forests and forest products industry are an 18.7 billion dollar industry and eight percent of the state’s total industrial output.

The industry supports 96,000 manufacturing jobs, the largest component of Wisconsin’s manufacturing work force.

Wisconsin is the nation’s second largest investor in forest industry capital equipment, $811 million annually, 20 percent of all investment in Wisconsin manufacturing.

Mace says it is an industry that is currently at risk but forestry "can help grow Wisconsin into the 21st century."

Wisconsin pulp mills must compete with mills in countries that have low wages, minimal pollution requirements and cheap fiber. To meet this competition, Mace says, manufacturers of wood products in this country are increasingly demanding that the wood fiber they purchase come from a certified forest

Certification means that a third party has verified that the wood comes from a sustainably managed forest.

"Being able to say that their product originates in a sustainably managed forest helps them to compete in the global market place. It gives stamp of approval as to how well the forest is managed,” said Mace. “We hope that certification of timberlands in Wisconsin will help our forest industry garner additional market share in the global market place.”

The Wisconsin Professional Loggers Association (WPLA) is the member association that is responsible for the Master Logging Program in Wisconsin.

WPLA’s goal is to improve land stewardship by committing individual logging contractors to the use of sustainable timber harvesting practices. Currently there are 24 Master Certified logging companies in Wisconsin, and 17 more are undergoing the certification process.

The Master Logging Program,” Mace says, has been recognized by Time Warner Inc., the world’s largest paper purchaser. Time Warner has set required certified content standards for companies supplying them with wood. The certification efforts in Wisconsin will help the state's producers to meet this requirement.

A Pollution Prevention Partnership between the Wisconsin pulp and paper industry and the Department of Natural Resources that is now in its seventh year helps keep the state clean.

The Wisconsin Paper Council, a trade association, calls the Pollution Prevention Partnership a “massive undertaking” involving 25 firms and 42 facilities.

The voluntary program encompasses air emissions, wastewater discharges and solid and hazardous wastes. Participants set targets for reducing seven target substances: chlorine, chloroform, formaldehyde, hydrogen sulfide, methanol, phosphorus and xylene.

New Council Applies Sustainability at NanoScale

The Center for Biological and Environmental Nanotechnology announced the formation of the International Council on Nanotechnology (ICON), a collaboration among academic, industry, regulatory and non-governmental interest groups. They are working to assess, communicate, and reduce potential environmental and health risks associated with nanotechnology.

"What we're really trying to do is create a new model for the introduction of emerging technologies into society," said Kristen Kulinowski, executive director of CBEN and the Center and fellow in chemistry at Rice.

"Instead of waiting for problems to emerge and then reacting, we want to get ahead of the curve. That requires anticipating, as best we can, under what circumstances engineered nanomaterials might adversely affect the environment or human health, and then engaging in research and policymaking to head off these potential problems," said Kulinowski.

The initial partners say they are committed to adopting responsible strategies for nanotechnology commercialization. ICON Founding Sponsors include DuPont, Procter and Gamble, Intel, L'Oréal, Mitsubishi Corporation/Frontier Carbon Corporation and the Swiss Reinsurance Company. Carbon Nanotechnologies, Inc. is a supporting member.

Nanotechnology is the study and application of materials with one dimension under 100 nanometer. A nanometer is a unit of spatial measurement that is one billionth of a meter.

In this size range, materials can be created with valuable chemical and physical properties which enable a wide range of technological applications, ranging from faster computer chips to new ways of treating cancer.

The first activity supported by the council is the formation of an international study group tasked with developing a universal, systematic terminology system for engineered nanoparticles.

Research into the properties, synthesis, and applications of nanostructures is growing at an exponential rate, yet to date there does not exist a common language to describe the chemical compositions and physical forms of these new materials.

This deficiency hampers technical communication within and across the various fields involved in this highly interdisciplinary enterprise; outreach to the public at large as products containing nanomaterials enter the marketplace; and effective governmental oversight of and standardization for the industry.

Learn more about ICON at: http://icon.rice.edu/