Front Page
News Updates
Features and Articles
Classifieds
Directory of Companies
Contact Enviro-Net
Article Search:

State Regulatory Updates
University of Florida TREEO Center

Enviro-Net Logo
Practical Information for
Florida Environmental Professionals

News Stories

Federal File: Toxic release inventory shows the downward trend of releases continuing

Staff report
Georgia and Southeast Environmental News
July 2002

The amount of chemicals being released into the environment nationwide is continuing to drop, according to the latest Toxic Release Inventory.

Released in late May by the U.S. Environmental Protection Agency, the annual report stated that overall releases decreased by about 700 million pounds in 2000, putting the year's tally at about 7.1 billion pounds. A long-term look at the data shows that chemical releases have declined about 48% since 1988.

A breakdown of the latest figures show 69% of the releases on land, 27% in the air and 4% in water. The biggest releases in 2000 came from the metal mining industry with 47%; the manufacturing industries at 32%; and the electric utilities contributing 16%. However, these sectors all showed decreases in their releases ranging from 14% in metal mining to 2.6% in manufacturing.

The report also included new data on persistent bioaccumulative toxic chemicals, including mercury, dioxins and PCBs. To view the TRI data and background information, visit www.epa.gov/tri.

The TRI was not the only news released on toxins by the agency. At around the same time, EPA announced the availability of updated health risk estimates for 33 toxic air pollutants. This national assessment, which is based on 1996 emissions data, identifies the substances that may pose the greatest risk in urban areas. As a result, regulators can use it to help set priorities for collecting more data for assessing risk.

Although EPA said the assessment was not designed to compare risks at local levels, the data reveals what can be interpreted as the areas with the highest cancer risks. For instance, in Georgia, the Atlanta area was at the top of the scale, with five counties among the country's highest 100.

The results and background information are available on-line at www. epa.gov/ttn/atw/nata.

Air-related rulings, developments. In late May, three judges upheld the overall goal of a federal program targeting haze air pollution in national parks and wilderness areas, while ruling parts of it were unlawful.

As part of the rules adopted by EPA in 1999, power plants and other major industrial sources must install the best available retrofit technology or BART. The panel of the U.S. Federal Court of Appeals said that in determining BART, EPA confined the discretion of the states by mandating that the sources' visibility impact be considered collectively. One of the ways to fix the rule is to speed up the states' schedule for submitting haze pollution reduction plans, said the court.

However, the judges did not throw out the whole regional haze program. They supported the program's intent and rejected the argument of industry-primarily a coalition of utilities and mining interests-that EPA could not lawfully require state programs to eliminate manmade air pollution in national parks.

"The court expressly held that EPA had ample legal authority to fix the rule in a way that would not change the effectiveness...It is troubling that on the issue the court found most problematic, EPA did exactly what the National Academy of Sciences advised it to do," said Vickie Patton, senior attorney for the Environmental Defense, which was one of the environmental organizations spearheading the program's defense.

In another federal appeals court ruling involving air, an EPA rule requiring reduced emission from diesel trucks and buses and less sulfur in diesel fuel was upheld. The court dismissed challenges from industry interest that claimed the technology was not feasible and that lowering sulfur levels would result in fuel shortages.

EPA officials and environmentalists praised the decision as a significant step to producing cleaner air. The regulation severely tightens particulate and nitrogen oxide emission standards for vehicles starting in model year 2007. The rule also caps sulfur levels in highway diesel fuel to 15 parts per million by 2006, compared to the former allowable level of 500 ppm.

In another national report related to air issues, several areas in the Southeast were given failing grades for smog. Among the urban areas that received "Fs" for ozone pollution was Atlanta, GA; Knoxville, TN; and Charlotte-Gastonia-Rock Hill in the Carolinas.

The American Lung Association's "State of the Air 2002," concluded that more than three-quarters of the people living in counties with ozone monitors-about 142 million Americans-are breathing air with unhealthy levels of ozone pollution.

The report also stressed the need to enforce all the provisions of the Clean Air Act. "Yes, we've made great progress in cleaning our nation's air, but this report illustrates that we have a long way to go to give our children safe air to breathe," said John L. Kirkwood, president and CEO of the ALA in a written statement.

On a state and local level, EPA announced the expansion of its efforts to provide same-day and next-day smog forecasts and real-time maps that are updated on an hourly basis for more than 160 cities in 39 states. The forecasts are based on information from monitors and are presented using a color-coded system known as EPA's Air Quality Index. To find out more, visit the AirNow website at www.epa.gov/airnow or call Chet Wayland at (919) 541-4603.

Civil lawsuit over illegal pesticides inches forward. The lawsuit against Micro Flo of Memphis, TN, and its parent company, BASF Corp., for counterfeit pesticide sales is finally proceeding toward a trial. In late May, the U.S. District Court for the Middle District of Georgia denied Micro Flo's motion to dismiss the civil case.

Brought by United Phosphorus, the litigation charges the companies with importing and selling millions of pounds of illegal, unapproved pesticides in the country. UP said Micro Flo registered with the EPA pesticides that were produced by UP in India under its own name. The registration was based on the assurance that the products would contain only UP's pesticidal active ingredients. However, investigations have shown that the company sold counterfeit pesticides under false claims that did not contain UP's approved active ingredients.

In Sept. 2001, EPA brought the federal government's largest enforcement case ever for pesticide-related violations against Micro Flo. It is seeking more than $3.7 million in penalties for in excess of 670 violations.

Meanwhile, UP's civil lawsuit is seeking over $50 million in damages. While the district court dismissed some of UP's claims, most of them remain, including the ones requesting punitive damages.

Trading policy could help cleanup waterways. In mid-May, the U.S. Environmental Protection Agency proposed a water quality trading policy aimed at stepping up the speed and success of restoring impaired streams, lakes and rivers.

First, the policy would require industrial and municipal facilities to meet technology control requirements. Then, these facilities could use pollution reduction credits to achieve more progress toward water quality goals. In order to create a credit for a trade, sources must reduce pollution loads beyond the level required by the toughest technology requirements.

EPA officials said trading would save millions of dollars by promoting more efficient partnerships and provide incentives for voluntary reductions from all sources to improve and maintain water quality.

However, some conservation groups voiced concerns that the policy does not include provisions to make sure trading will result in real pollutant reductions. They asked that the program be delayed until EPA had a method to measure its effects on water quality.

The final policy is set for release later this summer after the public comment period. The proposal can be viewed at www.epa.gov/owow/watershed/trading.html.

In other water regulation news, EPA released a draft of "Strategy for Water Quality Standards and Criteria: Strengthening the Foundation of Programs to Protect and Restore the Nation's Waters." This strategy, some of which is already being implemented, is designed to aid the agency and states in focusing their efforts, and improve the water quality standards and criteria program. Comments must be received by July 15 for consideration. To view the draft strategy, go to www.epa.gov/waterscience/standards.

Corps conforms to rule, faces continuing controversy. The EPA and the U.S. Army Corps of Engineers announced various changes to clarify regulations and improve the protection and coordination of programs impacting wetlands and streams.

One change is that the Corps will adopt EPA's approach to the definition of "fill material" in the Clean Water Act. This should eliminate any ambiguity and increase protection by banning the dumping of trash or garbage in wetlands and streams. The final rule, which is similar to one proposed in 2000, will be published in the Final Register.

Plus, the agencies will apply new conditions to permits regulating the placement of dirt and rock from mountaintop mining in streams, as well as develop steps to enhance protection of Appalachian watersheds impacted by mining.

In other Corps news, some environmentalists are calling the agency's recent efforts to reform and reevaluate its practices and projects a "ridiculous charade." American Rivers, which has been highly critical of Corps projects in Mississippi and Arkansas, said the agency review in the midst of controversy over its accounting practices and environmental stewardship seems neither open nor extensive. The Corps performed a cursory review of 171 projects in 38 states and Puerto Rico, approving all but eight, according to internal documents released by Taxpayers for Common Sense.

The agency can not be relied on to reform itself, said Rebecca R. Wodder, president of American Rivers. "We'd have more confidence in this audit if Arthur Anderson had conducted it."

Regardless of the results of its self-review, the agency may be required to take steps such as independent peer review of costly or controversial projects if Congress enacts recently proposed legislation.

Wastewater manual under development. A committee of the Water Environment Federation is producing a comprehensive manual of practice called "Control of Odors and Emissions from Wastewater Treatment Plants." The new manual will combine previous publications and provide updated information on aspects such as regulations and background needed for public awareness. The manual is scheduled for release in May 2003. For more details, call 1-800-666-0206 or visit www.wef. org.

Market analysis of air pollution controls. A new study of air pollution technologies for coal-fired power plants found that the market's growth will continue to be heavily influenced by regulations. Some specific rules that have been in the spotlight recently and will affect the market in the future are those governing mercury and carbon dioxide.

Emission limits, cost-effectiveness, as well as future economic growth and energy demands will all be important factors in determining additional coal-fired capacity and the selection of retrofit technologies, according to the study from Business Communications Co. Inc.

The market analysis looked at new equipment installations through 2006 for five different regulatory situations. Under current standards, the market is expected to dip after the peak of NOx controls in 2003-04, with an average annual growth rate decline of 1.7%. Under the alternative scenarios, an AAGR between 3.2 and 16.8% is predicted due mostly to mercury controls, which begin to impact the market in 2005.

For more details on the study-"RE-116 Air Pollution Control Technologies for Coal-Fired Plants"-visit www.bccresearch.com/press.

CAMU-authorized states listed. In June, EPA published a notice in the Federal Register to inform the public about which states submitted a notification letter to the agency in order to possess interim authorization for the Corrective Action Management Units amendment rule. A total of 25 states met the criteria for interim authorization, which became effective in April. In the Southeast, those states include Alabama, Georgia, North Carolina, South Carolina, Tennessee and Florida.

This January, amendments were promulgated that were generally more stringent than the previous CAMU regulations of 1993. In order to avoid possible disruption in implementing the RCRA cleanup program from CAMU regulatory authority being divided between the state and the federal government, the rule granted interim authorization to those states willing and able to implement the new regulations.

For more information, call the RCRA hotline at 1-800-424-9346 or contact Wayne Roepe at (703) 308-8630.

Beaches waving blue flags. The Clean Beaches Council recently released its annual list of beaches across the county that have been certified as being safe, clean and having environmental quality for the public. Called Blue Wave Certified Beaches, the 2002 list includes beaches in Alabama, the Carolinas and Florida. To be certified, a community-sponsored beach must meet program guidelines for water quality, beach and intertidal conditions, safety, services, habitat conservation, erosion management, public information and education. If it meets these requirements, the beach can display the voluntary program's Blue Wave flag. For a complete list of the beaches, visit www.clean beaches.org.


Other recent news stories