EPA notifies Dow of clean-air and hazardous waste violations
U.S. Environmental Protection Agency Region 5 notified Dow Chemical Co. on Friday that it has found clean-air and hazardous waste violations at the company's Midland facility. EPA issued a 'finding of violation' under the Clean Air Act and a 'notice of violation' under the Resource Conservation and Recovery Act. The investigation spanned eight weeks over a two-year period.
The Feds allege Dow violated the Clean Air Act by, among other things, "failing to follow regulations aimed at detecting and repairing leaks, as well as failing to conduct a required stack test. Dow was also allegedly found to be in violation of multiple Resource Conservation and Recovery Act requirements for managing hazardous waste."
EPA said Dow's clean-air violations have increased public exposure to organic hazardous air pollutant emissions including, but not limited to, ethyl chloride, toluene, ethylene, perchloroethylene, methanol and hydrogen chloride.
Meanwhile, the Republican legislator from Midland is wasting his time and taxpayer moneyby launching a ridiculous attack on the Michigan Dept of Environmental Quality.
Sunday, November 11, 2007
Thursday, November 08, 2007
WRITE FOR THE BEAR!
Overwhelmed with the daily drumbeat of work, commute, family and more, I could use some writing assistance with Black Bear Speaks. The quality and timeliness of The Bear is slipping due to inattention and increasing importance of other projects.
I can't pay anyone, Black Bear Speaks does not turn a profit. But what you'll get from writing for the Bear is name recognition in the environmental community in Michigan. I've worked hard to ensure that many non-profit leaders in the Great Lakes are aware of the site. Right now, Black Bear Speaks gets approximately 600 to 900 unique readers per month (Google Analytics). Black Bear Speaks is influencing decision making on the state level, regional legislators read the Bear. For journalism students out there who want to get your writing noticed, this is an opportunity for you.
I'm looking for writers who can cover the following topics - all or some of them - whatever you are comfortable with:
new green businesses in the Great Lakes Great Lakes water quality ( toxics in groundwater and lakes) new government environmental regulation... or government non-regulation and stupidity Non-profit environmental organization activities miscellaneous topics that affect the health of the Lakes.
So, from this point forward, SUBMISSIONS ARE WELCOMED!!! Click the contact link at the top of the page, and help me take the Bear to the next level.
WRITE FOR THE BEAR!
I can't pay anyone, Black Bear Speaks does not turn a profit. But what you'll get from writing for the Bear is name recognition in the environmental community in Michigan. I've worked hard to ensure that many non-profit leaders in the Great Lakes are aware of the site. Right now, Black Bear Speaks gets approximately 600 to 900 unique readers per month (Google Analytics). Black Bear Speaks is influencing decision making on the state level, regional legislators read the Bear. For journalism students out there who want to get your writing noticed, this is an opportunity for you.
I'm looking for writers who can cover the following topics - all or some of them - whatever you are comfortable with:
So, from this point forward, SUBMISSIONS ARE WELCOMED!!! Click the contact link at the top of the page, and help me take the Bear to the next level.
WRITE FOR THE BEAR!
Sunday, October 28, 2007
Millennium Inorganic Chemicals dumped PCB's
Millennium Inorganic Chemicals in Ashtabula, Ohio has been ordered to address newly discovered PCB contamination in Fields Brook, which flows into northeast Ohio's Ashtabula River, and eventually Lake Erie.
Fields Brook is on the Superfund National Priorities List. During 1999 - 2001, cleanup activities were conducted on almost four miles of the brook and at six nearby industrial sites. The new contamination, a pool of heat transfer fluid containing PCBs, was discovered in September. The Fields Brook channel has been rerouted around the problem area. A Detroit-based EPA Superfund emergency response team will monitor the work of Millennium's contractors.
PCBs (polychlorinated biphenyls) are a group of toxic chemicals that were widely used as coolants, insulators and lubricants. PCBs are carcinogens and they concentrate in the food chain. Congress banned the manufacture of new PCBs in 1976.
Fields Brook is on the Superfund National Priorities List. During 1999 - 2001, cleanup activities were conducted on almost four miles of the brook and at six nearby industrial sites. The new contamination, a pool of heat transfer fluid containing PCBs, was discovered in September. The Fields Brook channel has been rerouted around the problem area. A Detroit-based EPA Superfund emergency response team will monitor the work of Millennium's contractors.
PCBs (polychlorinated biphenyls) are a group of toxic chemicals that were widely used as coolants, insulators and lubricants. PCBs are carcinogens and they concentrate in the food chain. Congress banned the manufacture of new PCBs in 1976.
BP Fined $60Million for Clean Air Violations
BP Products North America, Inc. has agreed to pay a total criminal fine of more than $60 million for violations of federal environmental regulations in Texas and Alaska. In addition to the penalty, the company will spend approximately $400 million on safety upgrades and improvements to prevent future chemical releases and spills.
This is the largest criminal fine ever assessed against a corporation for Clean Air Act violations and the first criminal prosecution of the requirement that refineries and chemical plants take steps to prevent accidental releases. The requirement was passed in 1990 as part of the Clean Air Act following the explosion at the Union Carbide chemical plant in Bhopal, India where thousands were killed and injured.
BP will pay $50 million for a catastrophic explosion in 2005 that killed 15 people and injured more than 170 others at its Texas City refinery. BP will also pay a $12 million fine for spilling 200,000 gallons of crude oil onto the Alaskan tundra and onto a frozen lake in March 2006, resulting in the largest spill that ever occurred on the North Slope.
In addition to the $50 million fine, the company pleaded guilty to a felony violation of the Clean Air Act and will serve three years of probation for the Texas City incident. BP is also required to complete a facility-wide study of its safety valves and renovate its flare system to prevent excess emissions at an estimated cost of $265 million.
For the Alaska spill, BP pleaded guilty to one misdemeanor of the Clean Water Act and will serve three years probation, pay $4 million to the National Fish and Wildlife Foundation to support research and activities on the North Slope, and pay $4 million in restitution to the State of Alaska. BP is required to replace 16 miles of pipeline at an estimated cost of $150 million.
On March 23, 2005, an explosion occurred at the Texas City refinery when hydrocarbon vapor and liquid released from a stack and ignited during the process of increasing octane levels in unleaded gasoline. Investigators learned that operators regularly failed to follow written standard operating procedures for ensuring mechanical integrity of safety equipment. The stack where the release occurred had been in poor operating condition since at least April 2003. Alarms failed to function or were ignored.
The Texas City refinery is BP's largest U.S. refinery, which covers more than 1,200 acres and can process as much as 460,000 barrels of crude oil per day. The refinery was previously owned by Amoco, which merged with BP in December 1998.
In March 2006, BP spilled more than 200,000 gallons of crude oil on the North Slope in Alaska. A second spill occurred in August 2006, but was quickly contained after leaking approximately 1,000 gallons of oil. Investigators determined the leak was caused by a build up of sediment in the pipe, and that BP failed to properly inspect or clean the pipeline, which is required by law to prevent pipeline corrosion. The investigation revealed that in 2004, the company became aware of increased corrosion in the pipeline.
This is the largest criminal fine ever assessed against a corporation for Clean Air Act violations and the first criminal prosecution of the requirement that refineries and chemical plants take steps to prevent accidental releases. The requirement was passed in 1990 as part of the Clean Air Act following the explosion at the Union Carbide chemical plant in Bhopal, India where thousands were killed and injured.
BP will pay $50 million for a catastrophic explosion in 2005 that killed 15 people and injured more than 170 others at its Texas City refinery. BP will also pay a $12 million fine for spilling 200,000 gallons of crude oil onto the Alaskan tundra and onto a frozen lake in March 2006, resulting in the largest spill that ever occurred on the North Slope.
In addition to the $50 million fine, the company pleaded guilty to a felony violation of the Clean Air Act and will serve three years of probation for the Texas City incident. BP is also required to complete a facility-wide study of its safety valves and renovate its flare system to prevent excess emissions at an estimated cost of $265 million.
For the Alaska spill, BP pleaded guilty to one misdemeanor of the Clean Water Act and will serve three years probation, pay $4 million to the National Fish and Wildlife Foundation to support research and activities on the North Slope, and pay $4 million in restitution to the State of Alaska. BP is required to replace 16 miles of pipeline at an estimated cost of $150 million.
On March 23, 2005, an explosion occurred at the Texas City refinery when hydrocarbon vapor and liquid released from a stack and ignited during the process of increasing octane levels in unleaded gasoline. Investigators learned that operators regularly failed to follow written standard operating procedures for ensuring mechanical integrity of safety equipment. The stack where the release occurred had been in poor operating condition since at least April 2003. Alarms failed to function or were ignored.
The Texas City refinery is BP's largest U.S. refinery, which covers more than 1,200 acres and can process as much as 460,000 barrels of crude oil per day. The refinery was previously owned by Amoco, which merged with BP in December 1998.
In March 2006, BP spilled more than 200,000 gallons of crude oil on the North Slope in Alaska. A second spill occurred in August 2006, but was quickly contained after leaking approximately 1,000 gallons of oil. Investigators determined the leak was caused by a build up of sediment in the pipe, and that BP failed to properly inspect or clean the pipeline, which is required by law to prevent pipeline corrosion. The investigation revealed that in 2004, the company became aware of increased corrosion in the pipeline.
Conference: Making A Great Lake Superior
The Making A Great Lake Superior conference will be held at the Duluth Entertainment and Convention Center Oct. 29 -31. The conference will bring together for the first time researchers, government officials, educators and the public to present and exchange information on the critical issues facing the Lake Superior ecosystem with an emphasis on climate change.
Sessions will include the impact of climate change on the lake, invasive species, low water levels, contaminated areas around the lake, toxic pollutants and new pollution concerns. More than 300 people from throughout the Lake Superior basin are expected to attend.
Speakers will include Minnesota Gov. Tim Pawlenty, Duluth Mayor Herb Bergson, EPA Regional Administrator Mary Gade, Arctic explorer Will Steger, former EPA Assistant Administrator Tracy Mehan and John Austin of the Brookings Institution, as well as other experts on Lake Superior and the Great Lakes. In addition, Lake Superior mayors and tribal leaders will participate in a panel discussion about critical issues facing the lake.
The conference agenda is available at http://www.seagrant.umn.edu/superior2007
The meeting will also be available on the Internet as a Web cast and by telephone. A live Web cast can be accessed at http://registration.mshow.com/ecs. To listen by telephone, dial 877-446-8439 toll-free and give the operator the ID code. ID codes for each day are available on the conference Web site.
Sessions will include the impact of climate change on the lake, invasive species, low water levels, contaminated areas around the lake, toxic pollutants and new pollution concerns. More than 300 people from throughout the Lake Superior basin are expected to attend.
Speakers will include Minnesota Gov. Tim Pawlenty, Duluth Mayor Herb Bergson, EPA Regional Administrator Mary Gade, Arctic explorer Will Steger, former EPA Assistant Administrator Tracy Mehan and John Austin of the Brookings Institution, as well as other experts on Lake Superior and the Great Lakes. In addition, Lake Superior mayors and tribal leaders will participate in a panel discussion about critical issues facing the lake.
The conference agenda is available at http://www.seagrant.umn.edu/superior2007
The meeting will also be available on the Internet as a Web cast and by telephone. A live Web cast can be accessed at http://registration.mshow.com/ecs. To listen by telephone, dial 877-446-8439 toll-free and give the operator the ID code. ID codes for each day are available on the conference Web site.
Thursday, October 25, 2007
One Bear's Thoughts on Sustainable Economics
You dont' know me from Adam, but - if you don't mind - I'm going to give you an assignment.
If you've taken the time to stop and read this blog, I'm certain that you realize the importance of shifting the manufacturing industry in Michigan toward a more sustainable future. We cannot survive - neither as a community, a state, or a species - if we continue business as usual.
Working in a manufacturing environment, I've become painfully aware of the jobs losses that are occurring around me. It hurts to watch them go. This cannot continue, families are in trouble throughout this state. I am convinced that the "green" economy is the solution to this problem, we have every indication that it will lead to innovation and job creation.
I am also strongly convinced that as business people we must fight not only for environmental protection and justice for individuals, but also merge these two values to create a viable, sustainable economic future for Michigan families. The right to clean water, clean air and a good paying job must be had by all.
For decades, Michigan has been a manufacturing powerhouse. It is time to cast off the negativity that surrounds our economic forecasts and boldly forge ahead into the green economy. To reach this end, we need elected officials to pursue this line of thinking as well. As business folk, we must drive legislation that will benefit green business.
First, we must immediately strengthen net-metering laws in Michigan. Net metering allows individuals and companies to generate their own electricity and sell it to their utility company through the existing grid. Stronger net-metering legislation will encourage economic growth through manufacturing, construction and installation of solar and wind generators. This is no longer in dispute. Anyone who tells you that coal or nuclear is cheaper than solar and wind is an outright liar or is working in public relations for a coal company. Michigan can lead the nation in wind generation because of the enormous amount of wind energy generated by Lake Michigan and Lake Superior. We can create jobs immediately by forming business coalitions to invest in wind power development. Guess what, there is currently legislation pending in committee to strengthen net metering laws.
Second, stronger toxics legislation is immediately necessary. No company or individual has the right to threaten the health of the Great Lakes by being allowed to dump toxins directly into them. BP and US Steel are only the tip of the iceberg when it comes to toxic dumping in these parts. Fortunately we have philanthropists in West Michigan that have provided a new children's cancer hospital in downtown Grand Rapids. Isn't that wonderful!? Yes it is, but it also makes me want to puke to know that so many kids in my community are dying of cancer that we need a major medical facility to deal with the enormous numbers. Cancer is big business in Grand Rapids. The health of our children is a direct reflection of past business practices in West Michigan. We have only ourselves to blame for this.
Third, taxes. There simply must be greater incentives for businesses to pursue green goals. But hear me out, I'm not considering tax breaks for business, I'm postulating a Pollution Tax. For every gram of mercury released, for every cubic meter of carbon dioxide emitted, for every liter of water poisoned, business should pay. We could stop deadly cancers in a generation if we tax the crap out of the guys who are releasing the poisons into the air and water. We can protect the fresh water supply of this entire continent by levying a tax on those who threaten it, right here in Michgan.
There's your assignment. Get it on it. I want to see results by the end of next week.
Thank you for your time.
Regards,
The Bear
If you've taken the time to stop and read this blog, I'm certain that you realize the importance of shifting the manufacturing industry in Michigan toward a more sustainable future. We cannot survive - neither as a community, a state, or a species - if we continue business as usual.
Working in a manufacturing environment, I've become painfully aware of the jobs losses that are occurring around me. It hurts to watch them go. This cannot continue, families are in trouble throughout this state. I am convinced that the "green" economy is the solution to this problem, we have every indication that it will lead to innovation and job creation.
I am also strongly convinced that as business people we must fight not only for environmental protection and justice for individuals, but also merge these two values to create a viable, sustainable economic future for Michigan families. The right to clean water, clean air and a good paying job must be had by all.
For decades, Michigan has been a manufacturing powerhouse. It is time to cast off the negativity that surrounds our economic forecasts and boldly forge ahead into the green economy. To reach this end, we need elected officials to pursue this line of thinking as well. As business folk, we must drive legislation that will benefit green business.
First, we must immediately strengthen net-metering laws in Michigan. Net metering allows individuals and companies to generate their own electricity and sell it to their utility company through the existing grid. Stronger net-metering legislation will encourage economic growth through manufacturing, construction and installation of solar and wind generators. This is no longer in dispute. Anyone who tells you that coal or nuclear is cheaper than solar and wind is an outright liar or is working in public relations for a coal company. Michigan can lead the nation in wind generation because of the enormous amount of wind energy generated by Lake Michigan and Lake Superior. We can create jobs immediately by forming business coalitions to invest in wind power development. Guess what, there is currently legislation pending in committee to strengthen net metering laws.
Second, stronger toxics legislation is immediately necessary. No company or individual has the right to threaten the health of the Great Lakes by being allowed to dump toxins directly into them. BP and US Steel are only the tip of the iceberg when it comes to toxic dumping in these parts. Fortunately we have philanthropists in West Michigan that have provided a new children's cancer hospital in downtown Grand Rapids. Isn't that wonderful!? Yes it is, but it also makes me want to puke to know that so many kids in my community are dying of cancer that we need a major medical facility to deal with the enormous numbers. Cancer is big business in Grand Rapids. The health of our children is a direct reflection of past business practices in West Michigan. We have only ourselves to blame for this.
Third, taxes. There simply must be greater incentives for businesses to pursue green goals. But hear me out, I'm not considering tax breaks for business, I'm postulating a Pollution Tax. For every gram of mercury released, for every cubic meter of carbon dioxide emitted, for every liter of water poisoned, business should pay. We could stop deadly cancers in a generation if we tax the crap out of the guys who are releasing the poisons into the air and water. We can protect the fresh water supply of this entire continent by levying a tax on those who threaten it, right here in Michgan.
There's your assignment. Get it on it. I want to see results by the end of next week.
Thank you for your time.
Regards,
The Bear
Saturday, October 20, 2007
More EPA objections to Indiana's permit for US Steel Gary Works
In a letter sent October 16th, 2007 to the Indiana Department of Environmental Management, EPA outlined three more objections to the draft wastewater discharge permit the state of Indiana has proposed for US Steel Gary Works. EPA had raised initial objections to the permit in a letter sent earlier this month.
EPA's three additional objections involve compliance schedules, Indiana's anti-degradation requirements and cooling water intake structures.
First, the fact sheet for Indiana's draft permit does not show that a one-year compliance schedule is appropriate for installing continuous thermal monitoring equipment or that a three-year schedule is necessary for complying with thermal discharge limits.
Second, while the draft permit includes new discharge limits on several pollutants such as chromium, cadmium, copper, nickel, silver, cyanide, total toxic organics and hexavalent chromium, and total recoverable chromium, it is unclear whether this meets the anti-degradation requirements of Indiana's water quality standards.
Third, the draft permit lacks requirements that reflect the best technology available for minimizing adverse environmental impacts from the cooling water intake structure.
In an Oct. 1 letter to IDEM, EPA raised objections on how discharge limits were set for several types of pollutants and the inclusion of other compliance schedules in the draft permit. (See Black Bear Post on this issue below)
EPA has raised all its objections during the review period provided by federal regulations. This is part of the federal overview of wastewater discharge permits for major facilities.
Under federal rules, IDEM may not issue the permit over EPA objections.
EPA's three additional objections involve compliance schedules, Indiana's anti-degradation requirements and cooling water intake structures.
First, the fact sheet for Indiana's draft permit does not show that a one-year compliance schedule is appropriate for installing continuous thermal monitoring equipment or that a three-year schedule is necessary for complying with thermal discharge limits.
Second, while the draft permit includes new discharge limits on several pollutants such as chromium, cadmium, copper, nickel, silver, cyanide, total toxic organics and hexavalent chromium, and total recoverable chromium, it is unclear whether this meets the anti-degradation requirements of Indiana's water quality standards.
Third, the draft permit lacks requirements that reflect the best technology available for minimizing adverse environmental impacts from the cooling water intake structure.
In an Oct. 1 letter to IDEM, EPA raised objections on how discharge limits were set for several types of pollutants and the inclusion of other compliance schedules in the draft permit. (See Black Bear Post on this issue below)
EPA has raised all its objections during the review period provided by federal regulations. This is part of the federal overview of wastewater discharge permits for major facilities.
Under federal rules, IDEM may not issue the permit over EPA objections.
Friday, October 19, 2007
Another killer site
If you haven't already, you need to check out www.solarpowerrocks.com
It turns out that solar is better than coal and nuclear, and over the long term it's a hellofa lot cheaper. Whodathunkit.
Oregon owes Dave and Dan a hearty thank you. They have produced a quality site filled with good bits of info that will keep you entertained for hours (or minutes, your choice). Some days I really wish I still lived out in Eugene where the Earth is NOT flat and not filled with the terminally obese.
Here's to the Oregon crew fighting for energy independence and a solar future for us all. Put down the bong and blog like crazy guys! Keep up the good work!
It turns out that solar is better than coal and nuclear, and over the long term it's a hellofa lot cheaper. Whodathunkit.
Oregon owes Dave and Dan a hearty thank you. They have produced a quality site filled with good bits of info that will keep you entertained for hours (or minutes, your choice). Some days I really wish I still lived out in Eugene where the Earth is NOT flat and not filled with the terminally obese.
Here's to the Oregon crew fighting for energy independence and a solar future for us all. Put down the bong and blog like crazy guys! Keep up the good work!
Edutopia
This incredibly beautiful woman named Rachel sent me some info on a new program by the George Lucas Eductational Foundation.
The Foundation recently launched a "Go Green Database", www.edutopia.org/go-green, on Edutopia.org. Rachel says it is "the centerpiece of an ambitious new package on the state of environmental awareness in public education."
The database features Green projects, lesson plans, service-learning opportunities and other resources that can be searched by topic, grade level, cost and location. It also allows users to add, rate and comment on or upload their own resources. It will be a permanent feature on Edutopia.org.
Thanks George. Thanks Rachel.
The Foundation recently launched a "Go Green Database", www.edutopia.org/go-green, on Edutopia.org. Rachel says it is "the centerpiece of an ambitious new package on the state of environmental awareness in public education."
The database features Green projects, lesson plans, service-learning opportunities and other resources that can be searched by topic, grade level, cost and location. It also allows users to add, rate and comment on or upload their own resources. It will be a permanent feature on Edutopia.org.
Thanks George. Thanks Rachel.
Saturday, October 13, 2007
US Steel to increase toxic dumping in Lake Michigan
From the Chicago Tribune
How much longer do we have to put up with the State of Indiana shirking its responsibility to the Great Lakes and its neighbors? Why do they think they can get away with this bullshit? It's time for action against the State of Indiana, not only by the Feds, but also from all the States surrounding Lake Michigan. Let's sue the pants off of them.
Read the rest of this story in the Tribune.
Indiana is moving to scrap, relax or omit limits on toxic chemicals and heavy metals dumped into a Lake Michigan tributary by the U.S. Steel Corp. mill in Gary, according to environmental lawyers and former federal regulators who have reviewed a proposed water permit.
Language outlining the changes is buried in 117 densely worded pages under consideration by the Indiana Department of Environmental Management, which provoked a public outcry this year when it gave a nearby BP refinery permission to significantly increase pollution discharged into the lake.
How much longer do we have to put up with the State of Indiana shirking its responsibility to the Great Lakes and its neighbors? Why do they think they can get away with this bullshit? It's time for action against the State of Indiana, not only by the Feds, but also from all the States surrounding Lake Michigan. Let's sue the pants off of them.
Read the rest of this story in the Tribune.
Thursday, October 11, 2007
EPA vs Dow Chemical
The following is a press release from EPA Region 5
EPA to Dow Chemical: 60 day clock to negotiate on Tittabawassee River system cleanup starts today
CHICAGO (Oct. 10, 2007) - At a meeting today in Chicago, U.S. Environmental Protection Agency Region 5 formally notified Dow Chemical that it has a limited opportunity to negotiate with the Agency on a settlement to conduct an investigation, a study and interim response actions for dioxin contamination in the Tittabawassee River system. The Midland, Mich., company has until Oct. 17 to decide whether it will negotiate.
The targeted area begins upstream of Dow's Midland Plant and may extend downstream to the Saginaw River, its floodplains and portions of Saginaw Bay in Lake Huron.
EPA has the authority to call for negotiations under the Comprehensive Environmental Response, Compensation and Liability Act, or Superfund. Superfund specifies the process in which a remedial investigation/ feasibility study (RI/FS), cleanup removal actions and remedy design must be conducted.
"The Superfund law provides a strong mechanism to continue necessary actions to comprehensively and definitively address the issue of dioxin contamination in the river system," said Ralph Dollhopf, associate director of EPA's Regional Superfund Division. "The work begun this summer to address three hot spots in the Tittabawassee River is also being performed under Superfund authority."
Dow's expected RI/FS effort must evaluate the nature and extent of hazardous substances, pollutants or contaminants from the site and assess the risks they present to human health and the environment. It must also provide enough data to develop and evaluate a range of cleanup options.
If the company agrees begin negotiations, Dow will have until Dec. 10 to present EPA with a good faith offer demonstrating its willingness to conduct or finance an RI/FS and design a remedy. EPA may choose to extend negotiations until Jan. 9, 2008, if appropriate.
Top EPA and Michigan Department of Environmental Quality officials are meeting today in Lansing to discuss their respective roles throughout this process.
Dow's Midland facility is a 1,900-acre chemical manufacturing plant. Dioxins and furans were byproducts from the manufacture of chlorine-based products. Past waste disposal practices, fugitive emissions and incineration at Dow have resulted in on- and off-site dioxin and furan contamination.
EPA to Dow Chemical: 60 day clock to negotiate on Tittabawassee River system cleanup starts today
CHICAGO (Oct. 10, 2007) - At a meeting today in Chicago, U.S. Environmental Protection Agency Region 5 formally notified Dow Chemical that it has a limited opportunity to negotiate with the Agency on a settlement to conduct an investigation, a study and interim response actions for dioxin contamination in the Tittabawassee River system. The Midland, Mich., company has until Oct. 17 to decide whether it will negotiate.
The targeted area begins upstream of Dow's Midland Plant and may extend downstream to the Saginaw River, its floodplains and portions of Saginaw Bay in Lake Huron.
EPA has the authority to call for negotiations under the Comprehensive Environmental Response, Compensation and Liability Act, or Superfund. Superfund specifies the process in which a remedial investigation/ feasibility study (RI/FS), cleanup removal actions and remedy design must be conducted.
"The Superfund law provides a strong mechanism to continue necessary actions to comprehensively and definitively address the issue of dioxin contamination in the river system," said Ralph Dollhopf, associate director of EPA's Regional Superfund Division. "The work begun this summer to address three hot spots in the Tittabawassee River is also being performed under Superfund authority."
Dow's expected RI/FS effort must evaluate the nature and extent of hazardous substances, pollutants or contaminants from the site and assess the risks they present to human health and the environment. It must also provide enough data to develop and evaluate a range of cleanup options.
If the company agrees begin negotiations, Dow will have until Dec. 10 to present EPA with a good faith offer demonstrating its willingness to conduct or finance an RI/FS and design a remedy. EPA may choose to extend negotiations until Jan. 9, 2008, if appropriate.
Top EPA and Michigan Department of Environmental Quality officials are meeting today in Lansing to discuss their respective roles throughout this process.
Dow's Midland facility is a 1,900-acre chemical manufacturing plant. Dioxins and furans were byproducts from the manufacture of chlorine-based products. Past waste disposal practices, fugitive emissions and incineration at Dow have resulted in on- and off-site dioxin and furan contamination.
Tuesday, October 09, 2007
American Electric Power Corp Gets Hammered by Feds
Record-Breaking $4.6 Billion Clean Air Act Settlement Announced
After Eight-Year Battle, American Electric Power Agrees to Major Power Plant Upgrades, Pollution Reductions, Environmental Improvements
CHICAGO (October 9, 2007) -- The Natural Resources Defense Council (NRDC), in collaboration with the U.S. Environmental Protection Agency (EPA), 8 states, and 12 other environmental organizations, reached a history-making settlement with American Electric Power (AEP) today after a nearly decade-old battle over AEP’s violations of the Clean Air Act’s “New Source Review” requirements.
The $4.6 billion settlement represents the largest of its kind in the history of the Clean Air Act and the most money an energy company has ever agreed to put towards new pollution controls.
AEP also agreed to pay an additional $15 million civil penalty, which is the highest penalty paid by any electric utility in settlement of a New Source Review case, and also fund $60 million in environmental mitigation projects.
"Today’s historic settlement not only holds AEP accountable, but also puts big polluters on notice that they can no longer run and hide from their actions or circumvent the Clean Air Act," said John Walke, director of NRDC’s Clean Air Program. "The size of the settlement means that we will be able to keep 813,000 tons of harmful pollution out of the atmosphere, improving air quality and public health around these plants and beyond."
NRDC filed suit against AEP in 1999 under the Clean Air Act for violations at 16 of its coal-fired electric power plants because AEP facilities had upgraded and increased smog and soot pollution without installing the pollution controls required by law.
As a result of its Clean Air Act violations, AEP emitted illegal amounts of harmful nitrogen oxides and deadly sulfur dioxide pollution at plants in Indiana, Kentucky, Ohio, Virginia and West Virginia for over two decades.
The Columbus, Ohio-based AEP owns 25 coal-fired electric plants in the United States, and was the number one industrial emitter of carbon dioxide, nitrogen oxides and sulfur dioxide pollution in the country, based on 2004 data.
Under the settlement, AEP agreed to undertake approximately $4.6 billion worth of pollution control measures at its existing plants over the next decade. The new pollution controls will, reduce sulfur dioxide emissions by 79 percent and nitrogen oxide emissions by 69 percent from the 16 plants covered by the settlement. The sulfur dioxide reduction is among the largest percentage decrease ever achieved in any settlement with coal-fired electric utilities. AEP will also put $60 million towards projects to mitigate the impacts of their past illegal emissions, including the conversion of heavily-polluting trucks and barges to low-sulfur diesel fuel.
"We are happy that AEP has finally agreed to install the modern pollution controls that the Clean Air Act has required for decades," said Shannon Fisk, attorney in NRDC's Midwest office. "This is an important first step toward reducing the disproportionate air pollution burden that is placed on residents of the Ohio River Valley. With today’s settlement, a new day has dawned in the region and cleaner air will soon follow."
NRDC's lawsuit, which also represented the Sierra Club, was one of several suits filed against AEP. Other plaintiffs included the Environmental Protection Agency (EPA), which initiated the battle against AEP, as well as 8 states: New York, New Jersey, Massachusetts, Vermont, Connecticut, New Hampshire, Maryland, and Rhode Island, and 12 other environmental groups: Citizen Action Coalition of Indiana, Clean Air Council, Hoosier Environmental Council, Indiana Wildlife Federation, Izaak Walton League of America, League of Ohio Sportsmen, National Wildlife Federation, Ohio Citizen Action, Ohio Valley Environmental Council, Sierra Club, U.S.PIRG, and West Virginia Environmental Council.
After Eight-Year Battle, American Electric Power Agrees to Major Power Plant Upgrades, Pollution Reductions, Environmental Improvements
CHICAGO (October 9, 2007) -- The Natural Resources Defense Council (NRDC), in collaboration with the U.S. Environmental Protection Agency (EPA), 8 states, and 12 other environmental organizations, reached a history-making settlement with American Electric Power (AEP) today after a nearly decade-old battle over AEP’s violations of the Clean Air Act’s “New Source Review” requirements.
The $4.6 billion settlement represents the largest of its kind in the history of the Clean Air Act and the most money an energy company has ever agreed to put towards new pollution controls.
AEP also agreed to pay an additional $15 million civil penalty, which is the highest penalty paid by any electric utility in settlement of a New Source Review case, and also fund $60 million in environmental mitigation projects.
"Today’s historic settlement not only holds AEP accountable, but also puts big polluters on notice that they can no longer run and hide from their actions or circumvent the Clean Air Act," said John Walke, director of NRDC’s Clean Air Program. "The size of the settlement means that we will be able to keep 813,000 tons of harmful pollution out of the atmosphere, improving air quality and public health around these plants and beyond."
NRDC filed suit against AEP in 1999 under the Clean Air Act for violations at 16 of its coal-fired electric power plants because AEP facilities had upgraded and increased smog and soot pollution without installing the pollution controls required by law.
As a result of its Clean Air Act violations, AEP emitted illegal amounts of harmful nitrogen oxides and deadly sulfur dioxide pollution at plants in Indiana, Kentucky, Ohio, Virginia and West Virginia for over two decades.
The Columbus, Ohio-based AEP owns 25 coal-fired electric plants in the United States, and was the number one industrial emitter of carbon dioxide, nitrogen oxides and sulfur dioxide pollution in the country, based on 2004 data.
Under the settlement, AEP agreed to undertake approximately $4.6 billion worth of pollution control measures at its existing plants over the next decade. The new pollution controls will, reduce sulfur dioxide emissions by 79 percent and nitrogen oxide emissions by 69 percent from the 16 plants covered by the settlement. The sulfur dioxide reduction is among the largest percentage decrease ever achieved in any settlement with coal-fired electric utilities. AEP will also put $60 million towards projects to mitigate the impacts of their past illegal emissions, including the conversion of heavily-polluting trucks and barges to low-sulfur diesel fuel.
"We are happy that AEP has finally agreed to install the modern pollution controls that the Clean Air Act has required for decades," said Shannon Fisk, attorney in NRDC's Midwest office. "This is an important first step toward reducing the disproportionate air pollution burden that is placed on residents of the Ohio River Valley. With today’s settlement, a new day has dawned in the region and cleaner air will soon follow."
NRDC's lawsuit, which also represented the Sierra Club, was one of several suits filed against AEP. Other plaintiffs included the Environmental Protection Agency (EPA), which initiated the battle against AEP, as well as 8 states: New York, New Jersey, Massachusetts, Vermont, Connecticut, New Hampshire, Maryland, and Rhode Island, and 12 other environmental groups: Citizen Action Coalition of Indiana, Clean Air Council, Hoosier Environmental Council, Indiana Wildlife Federation, Izaak Walton League of America, League of Ohio Sportsmen, National Wildlife Federation, Ohio Citizen Action, Ohio Valley Environmental Council, Sierra Club, U.S.PIRG, and West Virginia Environmental Council.
Wednesday, October 03, 2007
War Before Kids
It is utterly revolting to know that yesterday the Congress of the United States voted to pay an additional $150 Billion dollars for continuing the war in Iraq, but today only 24 hours later, President Bush vetoed the Children's Health Insurance Program, The Children's Health Insurance Program would have provided health care for millions of poor children in the United States, at a cost of $35 Billion. Bush's reason? Because it would have cost too much.
Our government values war over children.
Not only does our President clearly have his head straight up his own ass, our congress is not listening to the will of the people they represent.
It is my opinion that it is time to remove all of these fools from power. Not next year, not next month, but today. Tomorrow the people of the United States should shut down the federal government.
I am embarrassed to be an American.
Our government values war over children.
Not only does our President clearly have his head straight up his own ass, our congress is not listening to the will of the people they represent.
It is my opinion that it is time to remove all of these fools from power. Not next year, not next month, but today. Tomorrow the people of the United States should shut down the federal government.
I am embarrassed to be an American.
Saturday, September 29, 2007
Funding Cuts to the DNR and the DEQ Threaten The Great Lakes and Your Health
Michigan's state conservation agencies, the Department of Natural Resources and the Department of Environmental Quality, are vastly and disproportionately under-funded, according to a new report released today by the Michigan League of Conservation Voters Education Fund. The report analyzes the state's fiscal budget over the last 25 years and finds that the Department of Natural Resource (DNR) and the Department of Environmental Quality (DEQ) have suffered major cuts in critical funding. As a result, Michigan's Great Lakes, state lands,and wildlife are in peril.
The report is authored by Dave Dempsey, environmental policy aide, author, and
Michigan LCV Education Fund consultant. Tom Clay, Director of State Affairs Emeritus
with the Citizens Research Council of Michigan, assisted in the collection and analysis of the financial and employment data.
Key findings in the report outline that over the last decade these two state agencies have suffered more than their fair share of budget cuts, resulting in major losses of funding, causing the closing of campgrounds, and failures to clean up toxic contamination.
"As just one example of the importance of these departments to Michigan's future:
currently the DEQ is working to drastically reduce mercury emissions that pollute our Great Lakes and threaten our way of life and children’s health - a crucial milestone in Michigan's history. Without the proper DEQ funds and staff, programs such as thesewould be threatened and Michigan's Great Lakes could become an open dumping groundfor polluters.” said Kim Pargoff, Energy Advocate with Environment Michigan.
Howard Tanner, former Director of the DNR expressed his concern over the report's
conclusions. “Michigan was once a leader on conservation and environmental protection of our vast natural resources. Somehow that trend has been reversed and our leadership in conservation has been tarnished. It is up to our leaders in Lansing to work together to return to our once proud legacy of environmental stewardship by properly funding the DNR and DEQ."
Some of the major findings of the report include:
In Saginaw, increased budget cuts to the DEQ would have consequences for local
citizens.
"The most pervasive toxic contamination in the state threatens Lake Huron. The DEQ has worked five years to bring the responsible party, Dow Chemical Company, to a point where some dioxins and other toxics are being removed. What happens if the
DEQ's budget is cut again? What happens to our rivers, our lakes, our drinking water, our fisheries, if our first line of defense is hamstrung by budget cuts," said Lone Tree Council Chairperson Terry Miller. "And the DEQ's Saginaw Bay Coastal Initiative, an effort to deal with the shoreline muck, invasive species, and sewer overflows -- do we just tell people to hold their noses and hope?"
Given these major funding cuts, the Michigan League of Conservation Voters Education
Fund along with dozens of environmental and conservation organizations are calling on the State Legislature and Governor Granholm to invest in Michigan's future and place Michigan's air, land, and water as a top priority for the prosperity of our state by providing the critical funding necessary to fully fund the DNR and DEQ.
For more info contact: Brian Beauchamp 734-222-9650, Michigan League of Conservation Voters Education Fund
Hugh McDiarmid, Jr. 517-487-9539, Michigan Environmental Council
Here's the link to the report: Losing a Legacy: Why Michigan’s Magnificent Places are at Risk
The report is authored by Dave Dempsey, environmental policy aide, author, and
Michigan LCV Education Fund consultant. Tom Clay, Director of State Affairs Emeritus
with the Citizens Research Council of Michigan, assisted in the collection and analysis of the financial and employment data.
Key findings in the report outline that over the last decade these two state agencies have suffered more than their fair share of budget cuts, resulting in major losses of funding, causing the closing of campgrounds, and failures to clean up toxic contamination.
"As just one example of the importance of these departments to Michigan's future:
currently the DEQ is working to drastically reduce mercury emissions that pollute our Great Lakes and threaten our way of life and children’s health - a crucial milestone in Michigan's history. Without the proper DEQ funds and staff, programs such as thesewould be threatened and Michigan's Great Lakes could become an open dumping groundfor polluters.” said Kim Pargoff, Energy Advocate with Environment Michigan.
Howard Tanner, former Director of the DNR expressed his concern over the report's
conclusions. “Michigan was once a leader on conservation and environmental protection of our vast natural resources. Somehow that trend has been reversed and our leadership in conservation has been tarnished. It is up to our leaders in Lansing to work together to return to our once proud legacy of environmental stewardship by properly funding the DNR and DEQ."
Some of the major findings of the report include:
• Conservation Funding Slashed: Since 2001, The DNR and DEQ departments have suffered a 62 percent decline in funding. This decline is not at all proportionate to overall declines in statewide funds: for the same period, total general fund spending dropped only 6 percent.
• DNR and DEQ unfairly targeted: No other state department has lost as much proportional support as DNR and DEQ.
• Family vacationers bear consequences of budget cuts: Cuts in this year’s
appropriation caused the agency to close 20 of its 138 state forest campgrounds
early this summer.
• Communities abandoned: By next year, there will be no more funding for the
state's contaminated site cleanup program. Without this program, thousands of
toxic sites around the country will be left as is, posing serious public health and
environmental risks.
In Saginaw, increased budget cuts to the DEQ would have consequences for local
citizens.
"The most pervasive toxic contamination in the state threatens Lake Huron. The DEQ has worked five years to bring the responsible party, Dow Chemical Company, to a point where some dioxins and other toxics are being removed. What happens if the
DEQ's budget is cut again? What happens to our rivers, our lakes, our drinking water, our fisheries, if our first line of defense is hamstrung by budget cuts," said Lone Tree Council Chairperson Terry Miller. "And the DEQ's Saginaw Bay Coastal Initiative, an effort to deal with the shoreline muck, invasive species, and sewer overflows -- do we just tell people to hold their noses and hope?"
Given these major funding cuts, the Michigan League of Conservation Voters Education
Fund along with dozens of environmental and conservation organizations are calling on the State Legislature and Governor Granholm to invest in Michigan's future and place Michigan's air, land, and water as a top priority for the prosperity of our state by providing the critical funding necessary to fully fund the DNR and DEQ.
For more info contact: Brian Beauchamp 734-222-9650, Michigan League of Conservation Voters Education Fund
Hugh McDiarmid, Jr. 517-487-9539, Michigan Environmental Council
Here's the link to the report: Losing a Legacy: Why Michigan’s Magnificent Places are at Risk
Thursday, September 27, 2007
Knu: what it means to be sustainable
I'm proud to say that over here at Industrial Woodworking/Knu LLC in Zeeland, Michigan we have just completed our first video project to inform consumers about our efforts toward becoming a fully sustainable furniture manufacturing company.
Industrial Woodworking Corp/Knu LLC has joined the Sustainable Furniture Council, a non-profit industry organization working to promote environmental ethics within the furniture industry. Brad Davis - our CEO - and I now sit on the education committee of the SFC, and we are working hard to instruct retailers and consumers about sustainability. As we move toward using Forest Stewardship Council-certified wood products whenever possible, we will have a dramatic effect on the future of forests here in the US and abroad.
Industrial Woodworking Corporation, along with its subsidiary Knu, is now, I believe, the only fully carbon neutral furniture manufacturing company in West Michigan. We are purchasing renewable energy credits through our partner CarbonFund.org, and have offset all of our electricity, natural gas, vehicle use and air travel. We are also partnering with the National Arbor Day Foundation to plant a tree for every piece of furniture Knu sells in a national forest here in the U.S. As you watch this short video, you'll learn about some of the other steps we've taken to move forward toward a more ecologically sound future for this region and it's economy.
As Brad has stated repeatedly, if we lead and are successful, others will have to follow. The future of West Michigan industry is green.
Industrial Woodworking Corp/Knu LLC has joined the Sustainable Furniture Council, a non-profit industry organization working to promote environmental ethics within the furniture industry. Brad Davis - our CEO - and I now sit on the education committee of the SFC, and we are working hard to instruct retailers and consumers about sustainability. As we move toward using Forest Stewardship Council-certified wood products whenever possible, we will have a dramatic effect on the future of forests here in the US and abroad.
Industrial Woodworking Corporation, along with its subsidiary Knu, is now, I believe, the only fully carbon neutral furniture manufacturing company in West Michigan. We are purchasing renewable energy credits through our partner CarbonFund.org, and have offset all of our electricity, natural gas, vehicle use and air travel. We are also partnering with the National Arbor Day Foundation to plant a tree for every piece of furniture Knu sells in a national forest here in the U.S. As you watch this short video, you'll learn about some of the other steps we've taken to move forward toward a more ecologically sound future for this region and it's economy.
As Brad has stated repeatedly, if we lead and are successful, others will have to follow. The future of West Michigan industry is green.
Sunday, September 02, 2007
Other BP Permits Slipping Under the Radar Screen
This week in the Great Lakes Town Hall – Carolyn A. Marsh
This week, the Great Lakes Town Hall is presenting Carolyn A. Marsh of Whiting, Indiana. A devoted birdwatcher, Carolyn played a pivotal role in blocking the construction of what would have been the nation's largest marina in a migratory hot spot in Hammond, IN. Carolyn is currently putting pressure on BP Amoco to increase public participation in their expansion plans in Indiana. Despite BP's promise to not invoke their controversial refinery wastewater permit, it looks like the fight isn't over yet:
It's important to note that BP is not the only refinery expanding in the Great Lakes region. Marathon is planning and seeking approval for a major expansion in the Detroit area to also process Canadian "tar sands oil." This issue is not going to go away anytime soon, and it up to eco-freaks throughout the Midwest to get informed about this issue and it's ramifications for the Lakes. This is just the beginning of this fight.
The Detroit News published an editorial today in support of the Marathon expansion. If you know anything about the News, you know they have a right-wing conservative bias and they oppose any environmental group's activities. It is my opinion that the Detroit News would be better used as toilet paper than as a news source. Unfortunately they probably use some kind of toxic ink that won't flush well.
Thanks go to the Biodiversity Project in Madison, WI for the info on the Great Lakes Town Hall.
This week, the Great Lakes Town Hall is presenting Carolyn A. Marsh of Whiting, Indiana. A devoted birdwatcher, Carolyn played a pivotal role in blocking the construction of what would have been the nation's largest marina in a migratory hot spot in Hammond, IN. Carolyn is currently putting pressure on BP Amoco to increase public participation in their expansion plans in Indiana. Despite BP's promise to not invoke their controversial refinery wastewater permit, it looks like the fight isn't over yet:
"Local environmental watchdogs and national refinery experts have exposed a series of actions by BP officials and Indiana agencies to "piece-meal" the massive expansion of the Whiting refinery and mislead the public about the extent of the combined pollution to theregion's air and water. While protest has erupted over plans to increase dumping of wastewater to Lake Michigan as a result of the refinery's processing of heavily contaminated "tar sands oil", until now the public has been uninformed about BP's plans to build two more giant plants in the same area under separate permits."Don't miss your chance to read and respond to Ms. Marsh's perspectives every day this week.
It's important to note that BP is not the only refinery expanding in the Great Lakes region. Marathon is planning and seeking approval for a major expansion in the Detroit area to also process Canadian "tar sands oil." This issue is not going to go away anytime soon, and it up to eco-freaks throughout the Midwest to get informed about this issue and it's ramifications for the Lakes. This is just the beginning of this fight.
The Detroit News published an editorial today in support of the Marathon expansion. If you know anything about the News, you know they have a right-wing conservative bias and they oppose any environmental group's activities. It is my opinion that the Detroit News would be better used as toilet paper than as a news source. Unfortunately they probably use some kind of toxic ink that won't flush well.
Thanks go to the Biodiversity Project in Madison, WI for the info on the Great Lakes Town Hall.
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