April 07, 2008

Illinois EPA repeals noise rules

The Illinois EPA has repealed its noise rules (35 Ill. Adm. Code 951 and 35 Ill. Adm. Code 952) effective March 24. The adopted repeal was published in 32 Ill. Reg. 4720, 4722 (April 4, 2008).

The Illinois EPA repealed these rules because the agency no longer administers a noise pollution program and, as a result, the rules are obsolete. Also, the Illinois Pollution Control Board has its own noise pollution rules (see 35 Ill. Adm. Code 900, 35 Ill. Adm. Code 901, and 35 Ill. Adm. Code 902) and the Illinois EPA's rules were inconsistent with the more recently updated Board rules.

April 06, 2008

Sunday Snippets

Other environmental news from this past week:

  • You'd better hurry If you want to comment on USEPA's supplemental proposal to the June 2006 proposed NPDES concentrated animal feeding operations (CAFO) rule. The public comment period closes on Monday, April 7.
  • Ohio Lt. Governor Lee Fisher said that Great Lakes water might someday be sold to drought-stricken parts of the country. This is exactly what Great Lakes states -- including Ohio -- are trying to avoid by signing the Great Lakes compact, an eight-state agreement that restricts water diversions from the Great Lakes for use outside the Great Lakes Basin. Two days after Fisher made this statement, he retracted it and said:  "I should have been more careful in my comments about diversion because I should not have left even a crack in the door for diversion in the future." Yep. You'd think Fisher would have learned that valuable lesson last fall when New Mexico Governor Bill Richardson made a similar comment during his campaign for the Democratic presidential nomination -- and Richardson was forced to immediately retract it after a firestorm of protest.
  • The 2008 ozone season started on April 1. Illinois EPA Director Doug Scott said that the Chicago metropolitan area and the Metro-East St. Louis region are likely to experience an increase in air pollution days. "We anticipate that air quality forecasting for 2008 may include more Air Pollution Action Days," said Scott. "This is due to the more stringent federal ozone standard that was recently implemented." 
  • USEPA keeps dragging its feet on addressing the causes for global climate change. Curiously the agency seems less reluctant to address the consequences of this problem. USEPA is soliciting public comments on a new draft publication titled National Water Program Strategy: Response to Climate Change. USEPA states that this document " ... focuses on actions designed to help managers adapt their water programs in response to a changing climate. Other elements of the draft strategy include steps needed to strengthen links between climate research and water programs, and to improve education for water program professionals on potential climate change impacts. The strategy also identifies contributions that water programs can make to mitigate greenhouse gases. Some of the potential impacts of climate change on water resources reviewed in the strategy include increases in certain water pollution problems, changes in availability of drinking water supplies, and collective impacts on coastal areas." USEPA will accept public comments on the draft strategy until May 27.

April 05, 2008

Illinois and 17 other states sue USEPA for ignoring Supreme Court greenhouse gas mandate

Illinois joined 17 other states and a number of cities and environmental organizations in suing USEPA to release a court-mandated determination under Section 202(a) of the Clean Air Act [42 U.S.C. 7521(a)] that greenhouse gases endanger public health or welfare. Such a determination of endangerment is the initial step in establishing federal regulations on greenhouse gas emissions that cause global warming.

USEPA has failed to release the endangerment determination despite being ordered to do so over a year ago by the U.S. Supreme Court in Massachusetts v. EPA, 127 S.Ct. 1438 (2007).

This lawsuit seeking a writ of mandamus was filed in the United States Court of Appeals for the District of Columbia Circuit. The Petitioners are asking the court to order USEPA to release its endangerment determination within 60 days.

States and local governments joining Illinois in the lawsuit include: Arizona, California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, District of Columbia, City of New York, Mayor and City Council for Baltimore.

National and international environmental groups also joining include: Center for Biological Diversity, Center for Food Safety, Conservation Law Foundation, Environmental Advocates, Environmental Defense Fund, Friends of the Earth, Greenpeace, International Center for Technological Assessment, Natural Resources Defense Council, Sierra Club, and U.S. Public Interest Research Group

Federal court sets June hearing dates in McCullom Lake brain-cancer lawsuit

U.S. District Court Judge Gene Pratter set June 12-13 for a hearing in Philadelphia to determine whether to certify a federal class-action lawsuit in the McCullom Lake brain-cancer cases.

Plaintiffs filed federal and state lawsuits against Rohm and Haas and Modine Manufacturing Co., alleging that the two companies had releases from their plants in Ringwood that were responsible for brain cancer and other illnesses experienced by current and former residents of McCullom Lake.

Also, Judge Pratter set June 24 for a hearing on whether to approve a $2 million settlement offer by Modine Manufacturing Co. in the federal lawsuit. Judge Pratter had previously given his preliminary approval of the settlement.

April 04, 2008

Governor sues Secretary of State to force publication of health care rules

Governor Rod Blagojevich has sued Secretary of State Jessie White to force White to accept for filing and publication rules for Blagojevich's state-subsidized health care program called "FamilyCare" that were previously rejected by the General Assembly's Joint Committee on Administrative Rules (JCAR). According to Blagojevich's complaint in the lawsuit, White refused to accept these rules for filing and publication in the Illinois Register because of JCAR's rejection of the rules.

A little bit of background might help explain what is going on.

JCAR is a committee of the Illinois General Assembly with 12 legislators appointed by leadership in both the House and Senate.  Under the Illinois Administrative Procedure Act, JCAR reviews virtually all rules proposed by State agencies, boards, and commissions. JCAR then decides whether it will object to these rules. If JCAR objects to the rules, the State entity proposing the rules can still adopt the rules over JCAR's objection. This is the process for general rulemaking. 

However, if the rule is an emergency rule, JCAR has additional authority. JCAR can adopt a statement that finds that the emergency rule "constitutes a serious threat to the public interest, safety, or welfare." Once JCAR files this statement with the Secretary of State, the emergency rule is immediately and permanently suspended unless JCAR or the General Assembly revokes the suspension. 

Last November JCAR suspended an emergency rule proposed by the Illinois Department of Healthcare and Family Services (IDHFS). JCAR found that "no emergency condition existed that warrants the adoption" of the proposed emergency rule. Blagojevich's spokesperson reacted to JCAR's action by stating:

"JCAR's role is merely advisory - it does not have the constitutional authority to suspend the regulation."

Interestingly, the spokesperson also stated that the governor's office had no plans of its own to challenge JCAR's authority in court.

Despite being rebuffed by JCAR on the emergency rule, IDHFS went ahead and proposed a rule through general rulemaking that is identical to the suspended emergency rule. IDHFS's lawsuit refers to this general rulemaking as the  "permanent rule." In February, JCAR also rejected IDPH's permanent rule.

Even though JCAR rejected the permanent rule, IDPHS sought to file that rule with the White for publication in the Illinois Register as an adopted rule. White refused to accept the permanent rule for filing and publication. White stated that Section 5-125 of the IAPA prohibits him from accepting the permanent rule for filing and publication due to JCAR's previous suspension of the identical emergency rule. Blagojevich then filed this lawsuit seeking a court order that would require White to accept the permanent rule for filing and publication.

There is quite a bit of irony here. While JCAR has had the authority to suspend rules since 1980, Blagojevich himself gave JCAR the authority to permanently suspend emergency rules when he signed P.A. 93-1035 into law in 2004. Prior to P.A. 93-1035, the suspension could only last 180 days unless the General Assembly passed a joint resolution permanently suspending (or, in effect, repealing) the emergency rule.

In essence, the underlying basis for Blagojevich's lawsuit against White is JCAR's use of the very legal authority that Blagojevich himself gave to JCAR. It should be an interesting lawsuit if it survives a Motion to Dismiss.

Although this lawsuit does not directly relate to environmental issues, it may result in a judicial review of the constitutional limitations on JCAR’s authority. That could affect all rulemakings under the Illinois Administrative Procedure Act, including those related to the environment.

March 28, 2008

Illinois reps ask Illinois EPA to hold public hearing on Indiana's draft air permit for BP Whiting refinery [UPDATE]

Ten Illinois members of Congress have sent a letter to the Illinois EPA asking that the agency hold a public hearing on the Indiana Department of Environmental Management's (IDEM's) draft air permit for the controversial BP refinery located in Whiting, Indiana.

The representatives wrote in the letter:

"If accepted without adequate pollution controls, this permit could potentially lead to an increase in the emission of several harmful toxins including carbon dioxide, methane, nitrous oxide, ozone and CFCs [chlorofluorocarbons], otherwise known as greenhouse gases.... The people of Illinois, who will also be directly affected by this permit, have not had the opportunity to weigh in on this decision or to hear precisely how BP plans to mitigate the impacts associated with increasing production levels."

Asking an agency from one state to hold a public hearing on a draft permit issued by an agency in another state is -- to say the least -- highly "unusual." Of course, there has been nothing "usual" about the recent permitting activities at the BP Whiting refinery. The draft air permit  as well as last year's NPDES permit for the facility have been highly controversial.

UPDATE: No word yet on Illinois EPA's reaction to the request. Illinois EPA expects to respond to the request next week.

Commentary

It's difficult to imagine what real benefit could come from Illinois EPA holding a public hearing on the Indiana draft permit at this late date. IDEM closed the permit record on March 24 so no additional comments, such as those that could be received at an Illinois EPA hearing, would be considered by IDEM. Also, USEPA has said that it does not have any significant problems with IDEM's draft permit.

I hope this doesn't sound too cynical, but it looks to me like the only real purpose served by the Illinois EPA holding a public hearing on the Indiana permit at this late date would be to create a media event at which these ten representatives could vent their frustration and voice their "outrage."

March 26, 2008

USEPA webcast explains supplemental CAFO proposal

USEPA has produced a webcast explaining its supplemental proposal to the June 2006 proposed NPDES concentrated animal feeding operations (CAFO) rule.

USEPA published its supplemental proposal for public comment in 73 Fed. Reg. 12321 (March 7, 2008). The agency provides this description of its proposal:

EPA is proposing a voluntary option for CAFOs to certify to the permitting authority that they do not discharge or propose to discharge and therefore do not need NPDES permit coverage. The Agency is also proposing a framework for identifying the terms of the nutrient management plan (NMP) and offers three alternative approaches for addressing application rates of manure, litter, and process wastewater when identifying terms of the NMP to be included in the permit.

USEPA will accept public comments on its supplemental proposal until April 7, 2008

March 25, 2008

Illinois EPA publishes newest derived water quality criteria

The Illinois EPA published its newest list of derived water quality criteria in 32 Ill. Reg 4271 (March 21, 2008). This list is for the time period October 1, 2007, through December 31, 2007.

What are derived water quality criteria? The Illinois EPA provides this explanation:

Narrative standards exist in Illinois Pollution Control Board (IPCB) regulations at 35 [Ill. Adm. Code] 302.210 and in Subpart F for General Use Waters and at 302.540 and elsewhere in Subpart E for Lake Michigan Basin Waters. Lake Michigan Basin waters include all tributaries of Lake Michigan, harbors and open waters of the Illinois portion of the lake. General Use Waters cover all other waters of the state except those waters designated as Secondary Contact and Indigenous Aquatic Life Use Waters, which consist of several canals and rivers in the Chicago area. A narrative standard also exists for Secondary Contact Waters but derived criteria are not yet included in the list of criteria at this site. 

The narrative standards allow the Illinois EPA to derive numeric water quality criteria values for any substance that does not already have a numeric standard in the IPCB regulations. These criteria serve to protect aquatic life, human health or wildlife, although wildlife based derived criteria have not yet been derived....

The Illinois EPA publishes its newest list of derived water quality criteria each quarter in the Illinois Register. The next listing will be for the time period January 1, 2008, through March 31, 2008, and it will be published sometime this spring.

March 22, 2008

Springfield man sentenced to 18 months for medical and industrial waste fraud

Wally El-Beck, 62, of Springfield, Illinois, was sentenced to 18 months in prison and ordered to pay $905,000 in restitution as a result of a federal conviction for 37 counts of mail fraud and one count of wire fraud relating to his waste handling activities at an incinerator in Osceola, Arkansas.

The U.S. Department of Justice described El-Beck's scheme:

According to the indictment, El-Beck leased an Industrial Waste Incinerator from the City of Osceola to incinerate medical and industrial waste. The truckloads of waste would be delivered in large drums to the incinerator at Osceola. El-Beck represented to customers through Certificates of Destruction that their waste was being incinerated when in fact, he was accumulating the waste in warehouses. Over 13,000 drums were discovered by the Arkansas Department of Environmental Quality. This was reported immediately to the Environmental Protection Agency and El-Beck’s permit to incinerate was revoked. Because the waste had not been destroyed as previously represented by El-Beck, the customers were required, at additional expense, to reclaim the waste and have it destroyed elsewhere. Over 4 million dollars has been spent thus far from the EPA Superfund to clean-up this site. This is in addition to more than one million dollars spent by the victim companies who had paid El-Beck to incinerate their waste.

El-Beck could have received up to 20 years and/or $250,000 for each of the 37 mail fraud counts and the one wire fraud count. The judge must have been in a rather generous mood when El-Beck was sentenced this week.

March 21, 2008

Board will schedule Illinois EPA's proposed amendments to 'Groundwater Quality Standards' for public hearing

The Illinois Pollution Control Board on Thursday found the Illinois EPA's rulemaking proposal in In the Matter of: Proposed Amendments to Groundwater Quality Standards, 35 Ill. Adm. Code 620, R2008-018, compete and will schedule the matter for a series of public hearings.

The Illinois EPA filed these proposed amendments with the Board on February 19, 2008. The amendments propose a number of significant changes to 35 Ill. Adm. Code 620, including the addition of the following new groundwater quality standards for both Class I Potable Resource Groundwater and Class II General Resource Groundwater:

  • 8 new volatile organic contaminants 
  • 19 new semi-volatile organic contaminants 
  • 3 new pesticides or polychlorinated biphenyls 
  • 8 new explosive contaminants

The Board will soon schedule at least two public hearings on the amendments. Typically one set of hearings is held in Chicago and the other set is held in Springfield.

March 20, 2008

Board schedules additional hearings in rulemaking for Chicago Area Waterway System and the Lower Des Plaines River

The Illinois Pollution Control Board has scheduled its third set of hearings in In The Matter of: Water Quality Standards and Effluent Limitations for the Chicago Area Waterway System and the Lower Des Plaines River: Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303 and 304, R2008-009. The hearings will be held on April 23 (at 11:30 am) and April 24 (at 9:00 am) at the Illinois EPA's Des Plaines Regional Office in the LGI Room, Second Floor, 9511 West Harrison, Des Plaines.

This rulemaking proposal was filed by the Illinois EPA with the Board on October 26, 2007. The Board previously held two sets of hearings. The first set was held in Chicago in January 2008 and the second set was held in Joliet in March 2008.

The major components of the Illinois EPA's rulemaking proposal include: 

  • Deleting the current use classification for those waters and replacing it with six new use classifications that correspond to the aquatic life and recreational uses within each segment of the system. 
  • Replacing the current Secondary Contact and Indigenous Aquatic Life Standards (35 Ill. Adm. Code 302.Subpart D) with new standards that are consistent with the new use classifications. 
  • Including new technology-based disinfection requirements for point sources that discharge into segments intended to support recreational uses.

The upcoming hearings in Des Plaines will be solely for the purpose of continuing questions of the Illinois EPA on its proposal.

March 19, 2008

Carlinville man sentenced in criminal case for polluting streams

Gerald P. Lippold, 66, of Carlinville, was sentenced Monday in U.S. District Court to four months home confinement and to pay a $100,000 fine for illegally allowing boron-contaminated runoff from power plant waste (fly-ask and bottom-ash) to enter into streams that flow into the Sangamon River. Lippold will also will serve 14 months on federal probation.

March 18, 2008

USEPA report: Illinois invasive species plan ranks low when compared to other states

USEPA's National Center for Environmental Assessment (NCEA) this month issued a report titled Effects of Climate Change on Aquatic Invasive Species and Implications for Management and Research. The report evaluates the effect that global climate change may have on aquatic invasive species (AIS). It's an interesting analysis of the relationship between two critical environmental issues.

As part of its analysis, the NCEA reviewed the current AIS management plans for 25 states and ranked them based on five criteria:

  1. How the plan addresses potential impacts resulting from climate change 
  2. How the plan demonstrates capacity to adapt to changing conditions 
  3. How the plan provides monitoring strategies 
  4. Whether and to what extent the plan provides for periodic revision and update 
  5. Whether and to what extent the plan describes funding sources/strategies for plan implementation

The AIS management plans for the 25 states are ranked as follows, with 1 being the best and 13 being the worst:

  Rank among 25 states
Washington 1
Alaska 2
Hawaii, Kansas 3
Connecticut, Indiana, Louisiana, Michigan 4
Massachusetts 5
Maine, Missouri, North Dakota, Oregon 6
Iowa, Wisconsin 7
Virginia 8
Arizona, Illinois, South Carolina 9
Ohio, Texas 10
Michigan, New York 11
Pennsylvania 12
Idaho 13

The Illinois AIS management plan is ranked near the bottom third of the 25 states: 16 states have better plans, 6 states have worse plans, and two states have plans that are ranked the same as Illinois.

The Illinois AIS management plan was prepared by the Illinois Department of Natural Resources in 1999.

March 16, 2008

Sunday Snippets

Other environmental news from this past week:

  • The Illinois EPA released its latest landfill capacity report that found Illinois has, on the average, about 19 years of landfill disposal capacity as of December 31, 2006. Capacity varies considerably throughout the state, with the Chicago-area having about  8 years of capacity and Southern Illinois having about 47 years. 
  • New York became the fourth state to approve the Great Lakes compact, an eight-state agreement that restricts water diversions from the Great Lakes for use outside the Great Lakes Basin. New York now joins Illinois, Indiana and Minnesota who have also approved the treaty. Wisconsin, on the other hand, failed to approve the agreement before its state legislature ended its session. Wisconsin Gov. Doyle strongly supported the Great Lakes compact and the state Senate approved it. However, Republicans in the Wisconsin House killed the legislation. 
  • City Water, Light and Power, Springfield's water utility, said that it will test its water for pharmaceuticals. Illinois EPA also announced that it will test the State's water for pharmaceuticals. 
  • Poisons expert and biologist Francesco Pomati, who works at the University of New South Wales in Sydney, Australia, reports that the blend of pharmaceuticals found in surface water slowed human kidney cell growth by up to a third — suggesting that small amounts of these chemicals may exert powerful effects. 
  • Rep. Henry Waxman, D-Calif., who chairs the House Government Reform and Oversight Committee, issued a subpoena to compel USEPA to hand over 196 internal documents about its decision to deny California a waiver under the Clean Air Act so that would allow the state to  regulate greenhouse gas emissions from cars and trucks. 
  • The Government Accounting Office criticized USEPA's plan to close its public research libraries in Chicago, Kansas City, and Dallas, and to reduce the hours of operation at a number of other locations. Rep. Bart Gordon (D-TN) said that the report reveals a "grim picture" of mismanagement at USEPA. 
  • An article in Medill Reports describes the consequences to Chicago's East Side of a federal appeals court ruling in February striking down USEPA's mercury emission rules. As a result of the court's decision, there are currently no federally-required mercury emission rules. While coal-fired power plants on the Illinois side of the Illinois-Indiana border are subject to Illinois' very rigorous state-adopted mercury emission rules, power plants on the Indiana side of the border are not subject to any federal or state mercury emission law. As you might guess, Indiana's high levels of mercury emissions can end up in Illinois. 
  • JCAR has accepted the Illinois Pollution Control Board's R2007-020 nuclear power plant radionuclide reporting rules for second notice. JCAR will consider these rules at its meeting on April 15, 2008. 
  • The Illinois EPA will hold a public hearing on the draft air permit for the Robbins Community Power, LLC, facility in Robbins that will burn "clean" wood material as fuel in its boilers to produce electricity. The hearing will be held on April 8, 2008, at 7:00 p.m. at the Keller Junior High School, 14123 Lydia Avenue in Robbins. In the past, combustion facilities in Robbins have been quite controversial. It remains to be seen whether this one will as well. 
  • The Vatican now lists pollution as a sin
  • The Illinois Dunesland Preservation Society and a scientist on USEPA's asbestos advisory board want Chicago's Oak Street Beach to be retested for asbestos because they believe that previous tests for the cancer-causing substance weren't done properly. 
  • The Wall Street Journal reports that a wide variety of industries from agriculture to power are pressing for the Bush administration to act on pending regulations, betting they will do worse no matter who wins the White House in the fall. That would certainly explain some recent USEPA actions that are otherwise inexplicable. 
  • Speaking of agriculture rules, USEPA is seeking public comments on its proposed Concentrated Animal Feeding Operations (CAFO) NPDES rules. USEPA will accept comments until April 7, 2008.

March 15, 2008

Rohm and Haas Ringwood plant releases 2.5 tons of vinylidene chloride into the air

Rohm and Haas has determined that more than 2.5 tons of vinylidene chloride were released into the air at its Ringwood plant on Monday. This release included 5,045 pounds of vinylidene chloride and 661 pounds of methyl acrylate, a second chemical.

Rohm and Haas claimed:

... air tests taken along the plant’s perimeter within 20 minutes of the release never exceeded 4 parts per billion, well below the threshold at which the plant would alert the community and local emergency authorities of a vinylidene chloride or methyl acrylate accident.

However, Jaclyn Burkhardt, a neighbor of the plant, had a different perspective:

“All of a sudden we get this toxic, caustic smell,” Burkhardt said. “We thought it might have been gas, but it didn’t smell like gas. We didn’t know what it could be.”

According to USEPA, vinylidene chloride has certain potential chronic health effects:

Low-level, chronic (long-term) inhalation exposure of vinylidene chloride in humans may effect the liver.  Animal studies indicate that chronic exposure to vinylidene chloride can affect the liver, kidneys, CNS and lungs.  Human data are considered inadequate in providing evidence of cancer from exposure to vinylidene chloride.

This is the same Rohm and Haas plant that is the subject of numerous lawsuits, as well as a class action lawsuit, alleging that releases from the plant into groundwater relate to brain-cancer deaths in the village of McCullom Lake.

One online commenter to the Northwest Herald's recent article on the vinylidene chloride release observed:

"Just my opinion, but you have to have a death wish to live in Ringwood."

March 14, 2008

White House weakens USEPA's 8-hour ozone standard

The ink wasn't even dry on USEPA's new national ambient air quality standard (NAAQS) for ground-level ozone when a major controversy erupted over the rule.

As IEN previously reported, USEPA announced its new 8-hour ozone standard on Wednesday. The new primary and secondary standard is 0.075 parts per million (ppm). The old primary and secondary standard was 0.08 ppm (but due to rounding, the actual standard was 0.084 ppm). Even though USEPA ignored its own independent science advisory panel, the Clean Air Scientific Advisory Committee, which had recommended that the ozone standard be tightened to 60-70 parts per billion (ppb), there was still a reduction ...right? After all, this isn't the first time that USEPA ignored its own technical experts.

Okay, here is where it gets really interesting. The Washington Post reports today that the White House Office of Management and Budget forced USEPA to delete a more restrictive secondary ozone standard and make that secondary standard equal to the higher primary standard:

The dispute involved one of two distinct parts of the EPA's ozone restrictions: the "public welfare" standard, which is designed to protect against long-term harm from high ozone levels. The other part is known as the "public health" standard, which sets a legal limit on how high ozone levels can be at any one time. The two standards were set at the same level Wednesday, but until Bush asked for a change, the EPA had planned to set the "public welfare" standard at a lower level.

It gets even better:

Solicitor General Paul D. Clement warned administration officials late Tuesday night that the rules contradicted the EPA's past submissions to the Supreme Court, according to sources familiar with the conversation. As a consequence, administration lawyers hustled to craft new legal justifications for the weakened standard.

USEPA was in such a state of disarray on Wednesday before it announced the rule that Administrator Stephen L. Johnson had to delay his previously-scheduled press conference by five hours while the rules were being rewritten.

If you want to see an interesting spin on this fiasco, take a look at the preamble to the new rule where USEPA calls these bizarre last-minute antics a "robust discussion within the Administration."

It looks like Congress -- and possibly the courts -- will get a chance to sort through yet another of a growing list of problems created by USEPA.

March 13, 2008

Four Illinois counties fail to meet USEPA's new 8-hour ozone standard

USEPA announced on Wednesday a new national ambient air quality standard (NAAQS) for ground-level ozone:

The new primary 8-hour standard is 0.075 parts per million (ppm) and the new secondary standard is set at a form and level identical to the primary standard. The previous primary and secondary standards were identical 8-hour standards, set at 0.08 ppm. Because ozone is measured out to three decimal places, the standard effectively became 0.084 ppm: areas with ozone levels as high as 0.084 ppm were considered as meeting the 0.08 ppm standard, because of rounding.

Nationwide, 480 counties fail to meet these new ozone requirements. Four of these counties are in Illinois:

  • Jersey
  • Lake
  • Madison
  • St. Clair

As with most major regulatory decisions by USEPA (especially with this Administration), the decision is not without controversy. USEPA's independent science advisory panel, the Clean Air Scientific Advisory Committee, had recommended that the ozone standard be tightened to 60-70 parts per billion (ppb). USEPA rejected this recommendation.

As if this didn't add enough fuel to the fire, USEPA Administrator Stephen L. Johnson said that he would also:

... push Congress to rewrite the nearly 37-year-old Clean Air Act to allow regulators to take into consideration the cost and feasibility of controlling pollution when making decisions about air quality, something that is currently prohibited by the law. In 2001, the Supreme Court ruled that the government needed to base the ozone standard strictly on protecting public health, with no regard to cost.

Business groups claimed that the new standard was unnecessary and would place more costs on companies:

"Hundreds of counties haven't been able to meet the current standard set a decade ago, and moving the goal posts again will inflict economic hardship on these areas without speeding air quality improvement," said John Kinsman, senior environment director at the Edison Electric Institute, a utility trade group.

The new rule will be effective 60 days after it is published in the Federal Register. Although the rule has not yet been published in the Federal Register, a copy is now available at USEPA's web site

Illinois EPA will test State's drinking water for meds

As a result of a recent Associated Press investigation that found a wide variety of pharmaceuticals in our nation's drinking water, Gov. Rod Blagojevich directed the Illinois EPA and the Illinois Department of Public Health to assess the affects of pharmaceuticals and personal care products (PPCPs) on human health.

Blagojevich said:

“Safe drinking water is the highest priority.  Even though reports indicate the concentration of unregulated chemicals found in the nation’s water sources was low, we can’t take any chances.  The additional research we do now and the steps we take today will help us further protect our health and the health of our children.”

As part of this new program, the Illinois EPA will:

  • Partner with the City of Chicago to determine the presence of PPCPs in the City's drinking water.
  • Offer testing for PPCPs to other communities downstream from sewage treatment plants.
  • Test both untreated and treated water from participating systems for PPCPs.
  • Work with other Great Lakes states and USEPA to better regulate PPCPs.
  • Expand its pharmaceutical disposal program.

IDPH will assist the Illinois EPA in assessing the data acquired through this new effort.

March 12, 2008

U.S. House bill requires greenhouse gas controls on new coal-fired power plants

Rep. Henry A. Waxman (D-CA) and Rep. Edward J. Markey (D-MA) on Tuesday introduced H.R. 5575, the "Moratorium on Uncontrolled Power Plants Act of 2008."

The bill prohibits the issuance of permits for coal-fired electric generating units under the Clean Air Act unless the units address greenhouse gas emissions by installing "state-of-the-art control technology to capture and permanently sequester carbon dioxide emissions from such unit."

The bill also prohibits a any coal-fired electric generating unit without state-of-the-art control technology from receiving any free or reduced cost emissions allowances under a future federal program to address global warming.

Reps. Waxman and Markey explained:

"Comprehensive economy-wide regulation to address global warming is coming soon," said Rep. Waxman. 'But new uncontrolled coal-fired power plants are being built today. My legislation says: 'No new plants without emissions controls.' The alterative is senseless - locking in decades of additional global warming emissions and requiring greater emissions reductions across the U.S. economy to compensate." 

"If we lose control of coal, we will have lost control of the climate," said Markey, Chairman of the House Select Committee on Energy Independence and Global Warming. "This bill will make companies prepare for the future and prevent them from building low-tech coal-fired power plants before a global warming bill is passed that will necessitate the use of the newest, most climate-friendly technology."

Rep. Waxman is the Chairman of the House Oversight and Government Reform Committee and a senior member of the House Energy and Commerce Committee. Rep. Markey is the Chairman of the House Select Committee on Energy Independence and Global Warming and a senior member of the House Energy and Commerce Committee.

March 11, 2008

Meds in our drinking water

An investigation by the Associated Press found that a wide variety of pharmaceuticals -- including antibiotics, anti-convulsants, mood stabilizers, and sex hormones -- have been detected in the drinking water supplies of at least 41 million Americans. While the concentrations are low, the fact that they are there at all is troubling. Scientists worry about the risks posed by long-term exposure to these chemicals.

How do the meds get in the drinking water? People take pills. A portion of the pills is absorbed by the body and the rest is flushed down the toilet. People also flush old or unused medicine. This sewage is treated and discharged into surface water like rivers or lakes. The surface water is then used as a drinking water supply and is treated again to make it fit for human consumption. Unfortunately, all this treatment still does not remove all of the pharmaceuticals from the water.

These particular types of contaminants, which are sometimes called pharmaceuticals and personal care products (PPCPs), are not removed from drinking water by conventional water treatment technologies. In fact, public water supplies are not even required to test for them under existing federal and state drinking water regulations.

Chicago is among the major public water supplies in the U.S. that do not test its drinking water for pharmaceuticals:

"We perform all the tests asked for by the [U.S.] Environmental Protection Agency," said Tom LaPorte, spokesman for Chicago's Department of Water Management. "We are confident our purified water is safe."

Moline's water general manager Greg Swanson said that the city also does not test its water for these chemicals:

"Science marches on, and when we have the ability to detect substances in smaller and smaller amounts, that's how these issues emerge. We know it's potentially a concern."

While it's true that technical advancements allow us to detect contaminants at lower levels, a major cause for concern is that pharmaceuticals are specifically designed to cause a biological response at very low levels:

The small concentrations, however, belie the potentially powerful effects of these compounds. Pharmaceuticals are specifically designed to elicit a biological response at very low levels, and scientists are increasingly becoming aware of how medications let loose on the environment may have effects no one ever anticipated.

PPCPs not only contaminate our public water supplies, but the drugs are also harmful to aquatic life such as fish:

By far, the most dramatic example of this kind of pharmaceutical pollution has been the effect of estrogenic compounds on fish. In the 1990s, scientists working in the U.K. noted that male fish living downstream from wastewater treatment plants were becoming feminized. They were making proteins associated with egg production in female fish, and they were developing early-stage eggs in their testes. Feminized male fish have now been observed in rivers and streams in the U.S. and Europe.

More than 100 different pharmaceuticals have been detected in surface waters throughout the world:

"It's inescapable," said Sudeep Chandra, an assistant professor at University of Nevada, Reno who studies inland waters and aquatic life. "There's enough global information now to confirm these contaminants are affecting organisms and wildlife."

What is the best way to dispose of old or unused pharmaceuticals? Well, don't routinely flush them. Also, throwing them in the trash isn't a good idea either because the trash is typically disposed in a landfill. The pharmaceuticals in this trash then enter the landfill's leachate, and this leachate is collected and is usually taken to a sewage treatment plant for treatment -- so it basically ends up back in the same place that it would if you flushed them. Pharmaceutical take-back programs conducted by pharmacies, doctor and dental offices, state and local governments, seem to be the best method for disposal, although these programs are currently few in number and hard to find. The federal government has some basic guidelines on how to properly dispose of old and unused drugs.

Although the Illinois EPA does not require the State's public water supplies to test for PPCPs, it has started a pilot program to collect old and unused pharmaceuticals in the City of Galesburg and the counties of Kendall, Will, Knox and McDonough.

A bill currently pending in the General Assembly, House Amendment 4 to HB 2277, creates the "Prescription and Consumer Drug and Sharps Disposal Act." The bill requires the Illinois EPA, the Illinois Department of Public Health, and the Department of Financial and Professional Regulation to establish a pilot program to collect old and unused drugs and to collect used sharps (e.g., syringes). Pharmacies in the areas selected for the pilot projects are required to participate. House Amendment 4 to HB 2277 will be heard in the House Environmental Health Committee on Tuesday, March 11, at 1:00 p.m., in Room 115 of the Capitol. There is strong opposition to the bill.

March 10, 2008

Board adopts second notice opinion and order for nuclear power plant reporting rules

The Illinois Pollution Control Board (Board) adopted a second notice opinion and order in In the Matter of: Procedures Required by PA 94-849 for Reporting Releases of Radionuclides at Nuclear Power Plants: New 35 Ill. Adm. Code Part 1010, PCB R2007-020, on March 6, 2008.

The proposed rules will be submitted to the Joint Committee on Administrative Rules for review.

The Illinois EPA proposed these rules to the Board last year and the Board held two public hearings on the matter. The Board is required to adopt these rules under Public Act 94-849, which became law in 2006.

March 09, 2008

Sunday Snippets

Other environmental news from this past week:

  • Wisconsin's Senate approved the Great Lakes Compact, an eight-state agreement that restricts water diversions from the Great Lakes for use outside the Great Lakes Basin. The bill now goes to the State's Assembly where it appears that the bill will fail. Republicans run the Assembly and object to the bill. The Wisconsin Legislature adjourns this week so there isn't much time to act. Illinois, Indiana and Minnesota have passed the compact. A bill has passed both houses of New York's legislature and one chamber in Ohio, Pennsylvania and now Wisconsin. Oddly, no bill has passed any chamber in Michigan. 
  • Speaking of interstate water squabbles, keep an eye on the litigation involving Georgia, Florida, and Alabama. Clean water is a valuable -- and finite -- resource. I'm sorry to say, folks, we're going to see more of these problems as we continue to degrade our water resources and as global warming expresses itself through regional climatic changes.
  • National Ground Water Awareness Week is March 9-15, 2008. 
  • ASTM adopted a new standard: Standard Practice for Assessment of Vapor Intrusion into Structures on Property Involved in Real Estate Transactions, ASTM E2600-08. Illinois EPA expects to propose vapor intrusion rules to the Illinois Pollution Control Board later this year. 
  • In response to a lawsuit filed in 2007 by nine states and local and national environmental and public health groups, USEPA is reconsidering its rules on mercury emissions from cement plants. In December 2006, USEPA proposed new standards for cement kilns built after December 5, 2005, and less stringent standards for kilns built before that date. The states and public interest groups argue that the standards should apply to all cement kilns regardless of when they were built. The nine states suing USEPA are Illinois, Connecticut, Delaware, Maryland, Massachusetts, Michigan, New York, New Jersey and Pennsylvania.
  • HR 1009, a resolution in support of FutureGen, passed the House Environment & Energy Committee 019-000-000.

March 03, 2008

FutureGen Part 2: Is Illinois losing out ... again?

A number of other states are taking advantage of the opportunities created by U.S. Department of Energy's restructured FutureGen proposal:

  • Texas Railroad Commission Chairman Michael L. Williams urged DOE to maintain its funding commitment to the restructured FutureGen project. Williams is encouraging Texas power producers to submit proposals under the restructured FutureGen plan. 
  • The nation’s first large coal-fired electrical power plant that would capture most of the carbon dioxide it generates is planned by Tenaska Inc., near Sweetwater in West Texas. Tenaska said that the 765-megawatt plant will be completed by 2014 at a cost of more that $3 billion. 
  • Kentucky has solicited proposals from public and private businesses and organizations to participate in the restructured FutureGen project. Several responses have been received. Under DOE's recent Request for Information (RFI) the proposals must be submitted to DOE by March 3. 
  • Though this may not be directly related to the restructured FutureGen, a project by Wisconsin’s We Energies will employ a technology to place the carbon dioxide under pressure and extract about 90% of the carbon. The resultant gas will consist of nitrogen, oxygen, and "low levels" of carbon that will be released to the atmosphere.

Meanwhile let's look at what Illinois is doing:

  • Legislators are still pushing HR 1009, a resolution proclaiming support of the dead FutureGen project in Mattoon. State Rep. Chapin Rose, R-Mahomet, explained this quixotic proposal: "It doesn't matter if we are Republicans or Democrats. From Chicago to Cairo, we're standing united in support of FutureGen, to fight for what's right." Yeah, maybe so. But more proactive states are eating our lunch while we spend our time on futile gestures and wallow in self-pity.
  • Legislators have failed to approve legislation that will allow Tenaska to build the $2.5 billion Taylorville Energy Center, a "clean coal" power plant. The legislation authorizes utilities to enter into long-term power contracts with Tenaska. The company claims that these long-term contracts are  necessary to finance the project.
  • St. Louis-based Secure Energy Inc. has been waiting for the Blagojevich Administration to approve a $14.1 million grant since last April so that it can construct a coal gasification plant at a site near Decatur's Caterpillar Inc. factory.

Let's hope Illinois is doing more to get back in the game than what's being reported in the press.

March 02, 2008

Sunday Snippets

Other environmental news from this past week:

  • The Quad-Cities region is moving toward Clean Air Act nonattainment status for particulates. In addition to the obvious health concerns, this could make industrial and transportation-related development in the area more difficult.
  • A federal-state task force met in Chicago on Thursday to discuss the "dead zone" in the Gulf of Mexico. The "dead zone" is an 8,000 square mile lifeless area about the size of New Jersey in the Gulf of Mexico. It's caused by nutrients in runoff and wastewater that enters into the Mississippi River and ultimately the Gulf.
  • JCAR once again blocked Gov. Rod Blagojevich's proposed rules to expand his state-subsidized FamilyCare health insurance program. Will Blagojevich go ahead and implement the rules anyway -- just like he did with the related emergency rules that JCAR rejected late last year? It certainly seems likely in light of the response to JCAR's action by a spokeswoman for Blagojevich: "We will move forward and continue to, within the parameters of the law, assist the uninsured in getting access to affordable coverage as well as helping to protect coverage for working parents within the FamilyCare program."
  • Another family has filed a lawsuit against Rohm and Haas and Modine Manufacturing Co. relating to incidents of brain cancer in the McCullom lake area.
  • WaterWired has an interesting article describing how climate change has affected our ability to accurately predict precipitation and runoff amounts based on past historical data. The world map showing water "winners" and "losers" is certainly cause for concern. As WaterWired stated: "The hydroclimatologic future is upon us, and we are unprepared."
  • A coalition of eight of the top U.S. water utilities, known as the Water Utility Climate Alliance, announced that it will study how rising sea levels, droughts and other effects of global warming are taking a toll on supplies of drinking water.
  • USEPA is soliciting public comments on "... a list of 104 possible drinking water contaminants that may need to be regulated in the future to ensure the continued protection of drinking water. Under the Safe Drinking Water Act, EPA includes on the draft Contaminant Candidate List (CCL) currently unregulated contaminants that are known or anticipated to occur in public water systems and which may require regulation. This draft CCL, which is the third such listing, lists 93 chemical contaminants or groups and 11 microbes, and describes the process and basis for selecting these contaminants."
  • The Wisconsin legislature is still balking at approving the eight-state compact designed to protect the Great Lakes water supply. The Wisconsin legislature goes home on March 13 so there isn't much time to resolve the issue.
  • USEPA Administrator Stephen Johnson published his reasons for his highly controversial decision to deny California's request for a waiver under the Clean Air Act to regulate greenhouse gas emissions more stringently than USEPA. Also, Sen. Barbara Boxer (D-CA) released a memo from a USEPA senior staffer who warned that Johnson would lose credibility and might have to resign if he denied California's waiver.
  • Agriculture industry lobbyists and agricultural states are pressuring USEPA to drop requirements that factory farms report their emissions of toxic gases, despite findings by USEPA scientists that the gases pose a health threat.