EPA Shares Toxics Release Inventory Data for 2008

EPA has just released its TRI data for 2008. It is interesting to note that the amount of toxics released in West Virginia dropped from 102,169,791 pounds in 2006 to 85,208,385 in 2007 and to 71,836,385 in 2008. See the press release and associated web links below.

PHILADELPHIA (December 8, 2009) -- The U.S. Environmental Protection Agency released today the 2008 Toxics Release Inventory (TRI) which provides information on toxic chemicals used and released by utilities, refineries, chemical manufacturers, paper companies, and many other facilities across the nation. The TRI is compiled from data submitted to EPA and the States by industry.

In EPA’s mid-Atlantic region, the 2008 TRI data indicate a 9.1 percent decrease of 35.2 million pounds of on and off site chemical releases as compared with 2007. A total of 350 million pounds of chemicals were released during 2008 to the air, water or landfills by facilities in the mid-Atlantic region which includes Pennsylvania, Delaware, Maryland, Virginia, West Virginia and the District of Columbia.

When compared with the 2000 TRI data of 478.0 million pounds released, the 2008 figures represent a 27.0 percent reduction (128.0 million pounds) in toxic pollutants released by facilities in the region. This was accomplished by process modifications, raw material substitution and pollution control equipment.

“The TRI is a valuable resource for citizens and government alike,” said Shawn Garvin, EPA mid-Atlantic regional administrator. “Communities can use these data to begin dialogues with local facilities to encourage them to reduce emissions or develop pollution prevention plans. Public interest groups use it to educate the public about toxic chemical emissions and potential risk. And EPA and the states use it to set priorities and allocate environmental protection resources to the most pressing problems.”

The TRI provides communities with valuable knowledge and encourages facilities to reduce their releases of toxic chemicals into the environment through source reduction or pollution prevention measures.

Today’s data include information on releases and other wastes from more than 650 chemicals and chemical compounds that companies are required to report under EPA’s Toxic Release Inventory Program. The data include chemicals that were released at the company’s facility and those transported to disposal facilities off site.

The lead and lead compound data for on and off-site releases show an increase from 5.7 million pounds in 2007 to 6.6 million pounds in 2008. Since 2002 there has been a decrease of 1.6 million pounds from 8.2 million pounds to 6.6 million pounds in 2008. The mercury and mercury compound data show an increase from 45.3 thousand pounds in 2007 to 63.1 thousand pounds in 2008. In 2002 mercury and mercury compound releases were 61.6 thousand pounds.

The reporting of data to the TRI is required under the federal Emergency Planning and Community Right-to-Know Act (EPCRA), passed in 1986. The TRI provides the amount, location, and type of releases to the environment, whether a pollutant is emitted into the air, discharged into the water, or released onto the land. It also includes information on waste shipped off-site for disposal or further treatment.

It is important to note that these chemical emissions are reported to EPA under the TRI and generally do not reflect illegal discharges of pollutants to the environment.

TRI information is easily accessible online to the news media and the public at www.epa.gov/triexplorer. For more detailed information on a specific facility, go to: www.epa.gov/enviro/html/tris/tris_query.html

Cap and Trade Debate At The University of Charleston

On the same day that EPA Administrator Lisa Jackson announced that carbon dioxide endangers the health and safety of current and future generations of Americans, and Robert Kennedy Jr. led a mountaintop mining protest at the Department of Environmental Protection the Rotary Club of Charleston sponsored a debate on cap and trade legislation at the University of Charleston between David Hawkins of the NRDC and Patrick Michaels of the Cato Institute.

Unlike the Kennedy rally, the debate involved thoughtful exchanges between Hawkins, a proponent of cap and trade, and Michaels, an opponent. I won't try to summarize the debate - go to the Daily Mail article linked above for a report on that. However, it was interesting that Michaels is willing to concede that there could be some anthropogenic effects on the climate caused by greenhouse gas emissions, although he believes that all the data show that the effects are negligible, while the cost of cap and trade will be huge. He thinks the best way to deal with carbon dioxide emissions is to allow the market to direct investment toward low carbon energy sources. Hawkins makes a good case that cap and trade is the engine that drives investment toward greener energy. If you believe that climate change is endangering the earth (I don't) then cap and trade is the way to go.

So it really comes down to this - how real, and how dangerous, is climate change? The climate changes have not been siginificant so far, and if a fair accounting is made, there are some advantages to a warmer world. But if you believe in a tipping point beyond which environmental ruin occurs, then we need to drastically reduce CO2 immediately.

Here's something on the endangerment finding from the University of Pittsburgh law school website.

West Virginia, Federal Greenhouse Gas Reporting Rules in Conflict

US EPA recently finalized a rule at 40 CFR Part 98 that will require reporting of greenhouse gases (GHGs) by many sources by March of 2011 for calendar year 2010 emissions. The rule differs in significant ways from the DEP Division of Air Quality's reporting rule, found at 45 CSR 42. The DEP had promised, before adopting Reg 42, that it had no intention of setting up a duplicate or alternative GHG reporting scheme, and that it would set aside its rule if EPA adopted its own. That having occurred, we'll see if the Division of Air Quality drops its current rule.

Toyota, Dow Are West Virginia Members of EPA's Sustainability Partnership Program

PHILADELPHIA -- December 4, 2009) The U.S. Environmental Protection Agency’s mid-Atlantic region welcomed two new members into its Sustainability Partnership Program in two signing ceremonies held today.

EPA Regional Administrator Shawn M. Garvin joined Secretary Randy Huffman of the West Virginia Department of Environmental Protection in recognizing Toyota Motor Manufacturing West Virginia, Inc. at its Buffalo, W. Va., facility, and Dow West Virginia at its South Charleston facilities.

The Sustainability Partnership is an innovative program developed by EPA’s mid-Atlantic region to create a one-stop shopping approach for organizations that use large quantities of energy, water, and natural resources and want to “go green.” Instead of dealing with each of EPA's voluntary programs individually, EPA staff will work out a comprehensive ‘green’ plan for organizations that often saves money and makes good business sense. The overall goal of the SPP is to minimize the use of energy, resources and waste generation in the mid-Atlantic states.

"Today, both companies take a tremendous step forward in providing a more sustainable future for the people of West Virginia," said Garvin. "EPA is making a concerted effort to partner with states and businesses to improve environmental performance and make larger strides in sustaining our communities. And voluntary efforts that are initiated and tracked through programs like our Sustainability Partnership are a proven way to go."

”It’s a great day for Toyota and Dow as they have come a long way in the area of corporate sustainability,” said Secretary Huffman. “Toyota and Dow have learned to recognize the complementary relationships among the environment, economy and communities in West Virginia, and further realize that this Sustainability Partnership goes far beyond stakeholder involvement – it requires working within their facilities and with communities to tackle specific environmental issues.”

In 2000 Toyota’s Buffalo, W.Va. facility began implementing an environmental management system (EMS). Three years later, it had become, and remains, a zero landfill contributor -- reusing or recycling materials that otherwise would have been sent to landfills. By implementing the EMS and setting long-term goals, Toyota is already addressing ways to reduce waste, water usage, greenhouse gas emissions, hazardous materials usage and wastewater discharge.

At Dow West Virginia Operation’s South Charleston facility, the company has been working to reduce energy, water use, waste generation, and has increased the facility’s land and habitat conservation.
During a three-year demolition project, Dow saved 49,939 tons of concrete/masonry from going to the landfill by reusing the material. During 2007-2008, Dow recovered 3,726 tons of ferrous and non-ferrous metals for reuse; developed a 10-acre wildlife habitat certified by Wildlife Habitat Council; worked with South Charleston Middle School students to install birdhouses, plant native wildflowers and prairie grasses. Dow continues to work on the implementation of a wildlife management plan and is exploring collaborative opportunities with EPA and WVDEP to help schools remove hazardous materials and waste.

Additionally, Dow West Virginia’s South Charleston facility is implementing the American Chemistry Council’s Responsible Care Program, which requires CEO-level commitments to measure and publicly report environmental performance and to obtain independent certification that the company’s environmental management plan functions according to professional standards.

For more information about EPA mid-Atlantic’s Sustainable Partnership, go to http://www.epa.gov/reg3wcmd/spp/index.html

Cheating at the Game of Climate Change

The last thing the climate change lobby needed before the Copenhagen summit was a scandal about the way it develops its "overwhelming scientific consensus," but that's exactly what happened. A series of emails to and from the Climate Research Unit at the University of East Anglia in England was leaked to the press, revealing the sometimes devious methods used by those supplying data to the Intergovernmental Panel on Climate Change to bully and freeze out opposing views. Here is an opinion piece from the wall Street Journal that says it better than I can, as well as a report about a potential Congressional investigation. But most of all, a shout out to Hoppy Kercheval, who wrote about it this morning in the Daily Mail.

For years, one of the main defenses of the climate change theory proponents was the lack of peer-reviewed studies supporting the views of climate change skeptics. It now appears that influence was used to prevent publication of such articles by controlling the peer review process. Another blow to cap and trade.

EPA Adopts New Storm Water Rules For Construction Sites; Not Likely to Apply in West Virginia Until 2012

EPA has announced that it has developed new requirements for controlling and reducing pollutants in storm water that runs off construction sites. These changes will likely be incorporated in the WV DEP's general permit for storm water from construction sites when the permit is reissued in 2012. Here's the EPA press release:

) EPA Issues Rule to Reduce Water Pollution from Construction Sites The U.S. Environmental Protection Agency today issued a final rule to help reduce water pollution from construction sites. The agency believes this rule, which takes effect in February 2010 and will be phased in over four years, will significantly improve the quality of water nationwide.

Construction activities like clearing, excavating and grading significantly disturb soil and sediment. If that soil is not managed properly it can easily be washed off of the construction site during storms and pollute nearby water bodies.

The final rule requires construction site owners and operators that disturb one or more acres to use best management practices to ensure that soil disturbed during construction activity does not pollute nearby water bodies. In addition, owners and operators of sites that impact 10 or more acres of land at one time will be required to monitor discharges and ensure they comply with specific limits on discharges to minimize the impact on nearby water bodies. This is the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges.

Soil and sediment runoff is one of the leading causes of water quality problems nationwide. Soil runoff from construction has also reduced the depth of small streams, lakes and reservoirs, leading to the need for dredging.

More information: http://www.epa.gov/waterscience/guide/construction

Greenhouse Gas Reporting Rule Published

I'm more than a little late in reporting this, but EPA has proposed its greenhouse gas reporting rule. On October 30, 2009, EPA’s final mandatory greenhouse gas reporting rule was published in the Federal Register requiring reporting of greenhouse gas emissions from all sectors of the economy. The final rule applies to fossil fuel suppliers and industrial gas suppliers,
direct greenhouse gas emitters and manufacturers of heavy-duty and off- road vehicles and engines. The rule does not require control of greenhouse gases, rather it requires that sources above certain threshold levels monitor and report emissions. Attached is a good summary from Bingham McCutchen.

The final rule is effective on December 29, 2009.

You can access the final rule that was published in the Federal Register at:
http://www.regulations.gov/search/Regs/contentStreamer?objectId=0900006480a4e5fa&disposition=attachment&contentType=html

EPA’s Fact Sheet on the final rule: http://www.epa.gov/climatechange/emissions/downloads09/FactSheet.pdf