Kentucky environmental attorney Sanders says we provide low cost CLE training for in-house counsel on several different topics, including E-discovery.

Did you know that our office has coordinated safe residential housing projects with the City of Covington, Kentucky Housing Department and the Center for Great Neighborhoods of Covington. We are also working with several cities in Kentucky on Brownfields project, using federal funds from the American Recovery Act of 2009.

We're equally proud of our electronic office innovations, with which we not only protect and advance our clients' legal rights but also conduct electronic discovery seminars, for the Kentucky Justice Association and Northern Kentucky Bar Association. These seminars provided much needed CLE credits for attorneys attending the seminars.

Jeffrey M. Sanders is also conducting two CLE seminars at the 2009 Kentucky Bar Association’s annual convention in June. He is speaking on Law Office Technology and Environmental Law.

Our office offers in-house CLE training seminars on E-discovery for corporate legal staff. It is a great way to reduce attorney training costs and keep in-house legal staff up-to date on the latest E-discovery issues. Simply call us for details.

For a closer look at how our large-firm experience and small-firm commitment can help your business resolve environmental, regulatory, and energy legal problems, contact our law office at: 859-781-4556 or 1-866-518-6030 (toll free). Our fax number is 859-781-5523.

Kentucky environmental attorney Sanders says USGS identifies large reserve of gas hydrate in Gulf of Mexico.

According to an investigation headed by the U.S. Geological Survey (“USGS”), the U.S. Gulf of Mexico contains very thick and concentrated gas-hydrate-bearing reservoir rocks which have the potential to produce gas using current technology. Gas hydrate, a substance comprised of natural gas and water, may be a significant new energy source to meet future energy needs.

The investigation team consisted of the U.S. Department of Energy (DOE), USGS, U.S. Minerals Management Service (MMS) and a group of U.S. and international energy industry companies under the management of Chevron. The team collected geologic data on gas-hydrate-bearing sand reservoirs in the Gulf of Mexico.

The team of researchers was supported during its investigation work by AOA Geophysics, the Borehole Research Group at Lamont-Doherty Earth Observatory of Columbia University, Schlumberger, and the crew of the Helix Q4000 drilling vessel. Go to USGS Energy Resources web site for more information.

Kentucky environmental attorney Sanders says Rice University to field test nanorust to remove arsenic from drinking water supply in Guanajuato, Mexico

Rice University’s Center for Biological and Environmental Nanotechnology (CBEN) have announced a pilot test for a revolutionary, low-cost way to remove arsenic from drinking water. CBEN's arsenic-removing technology is based "nanorust," which are tiny bits of iron oxide smaller than living cells.

Raw water for the city of Guanajuato contains arsenic. As a result, CBEN scientists have signed an agreement with the University of Guanajuato and the Municipal Water and Sewerage Authority of Guanajuato (Simapag) for a pilot test the use of nanotechnology to clean contaminated water in Guanajuato, Mexico.

The agreement is the first known test of nanoparticles for water treatment in a municipal water treatment plant.

Arsenic chemically binds to nanorust because arsenic has a high affinity toward iron oxides. Laboratory tests have demonstrated that nanorust is very effective at removing arsenic from water. Nanorust are nano-scale magnetite particles. Magnetite (Fe3O4) is an iron oxide, much like rust, so the term “nanorust” was coined for magnetite nano-particles.

Whereas rust (FeO) only contains iron in +2 oxidation states, Fe3O4 has iron in both +2 and +3 states. Nanorust crystals are so tiny that they are measured in the scale of nanometers. They are also highly effective in attracting arsenic particles dissolved in water.

Because of its ability to bind to arsenic, nanorust may be a low-cost means of removing arsenic from drinking water supplies. CBEN plans to test nanorust-coated sand in sand filters to treat groundwater from wells. If all goes as planned, the arsenic in the raw water will be captured by the nanorust-coated sand in the filters. For the time being, water treated with nanorust will not be released for human consumption.

Arsenic is a colorless, odorless, tasteless element, and prolonged exposure to dangerous levels of arsenic can lead to skin discoloration, sickness and cancer. Arsenic-poisoned drinking water is a global problem, affecting tens of millions of people in communities in Asia, Africa, North America, South America and Europe.

Kentucky environmental attorney Sanders says Ohio EPA issues final air permit for power plant fueled by soil waste materials.

Ohio Environmental Protection Agency issued a final air permit for a $317-million, energy-from-waste plant in Smith Township. This is the first air permit issued in the United States for such a plant in over a decade, according to Jefferson Renewable Energy, the project developer. A PowerPoint presentation on the project is at: http://jreri.com/News/Mahoning%20Renewable%20Energy.pdf

Jefferson Renewable Energy is a developer of renewable and alternative energy projects, utilizing the application of advanced technologies for the conversion of biomass and waste materials for energy generation and biofuel production. Jefferson Renewable Energy is a Rhode Island based company.

The facility will produce 66 megawatts of power, enough to power 50,000 homes, and will use construction and demolition debris and pre-processed municipal solid waste, otherwise referred to as "Refuse-Derived Fuel," as its fuel source

Kentucky environmental attorney Sanders says federal crack down on false labeling of seafood in Virginia case by using DNA evidence!

There is justice for fraudulent activity in the supermarket. A Virginia man has been sentenced to 63 months in federal prison for participating in a conspiracy that led to more than 10 million pounds of frozen catfish being imported from Vietnam, but fraudulently labeled and sold in the United States as sole, grouper and other species. This sentence is one of the longest imposed by a federal judge for falsely labeling seafood. In addition to the prison term, the federal judge ordered the defendant to forfeit more than $12 million to the government for anti-dumping duties avoided.

A second defendant involved in the scheme, who was the president of Silver Seas, a Virginia-based fish importer, was also sentenced yesterday for his role in the conspiracy to import mislabeled fish to avoid federal tariffs. This will cost the president a one year period of probation.

The cases against the two defendants are part of an ongoing federal prosecution of importers and seafood dealers who worked together to import catfish from Vietnam and sell frozen fillets that were falsely labeled as far more desirable and much more expensive fish.

The defendants imported $15.5 million worth of catfish that was illegally labeled and imported as sole, grouper, flounder, snakehead, channa and conger pike (a type of eel). DNA tests revealed that the frozen fish was in fact Pangasius hypophthalmus, a fish in the catfish family marketed under approved trade names including swai or striped pangasius.

An anti-dumping duty was placed on Pangasius hypophthalmus imports from Vietnam in January 2003 after a petition was filed by domestic catfish farmers, who alleged that this fish was being imported from Vietnam at less than fair market value.

Good for the Department of Justice for prosecuting these crooks!

Kentucky environmental attorney Sanders says Duke Energy CEO warns that America is falling behind the world on clean energy projects.

Jim Rogers is chairman of the board, president and chief executive officer of Duke Energy. Duke Energy is the third largest consumer of coal in the U.S. and emits around 100 million tons of carbon dioxide annually.

Rogers has more than 20 years of experience as a chief executive officer in the electric utility industry. He was named president and chief executive officer of Duke Energy following the merger of Duke Energy and Cinergy in April 2006. Before the merger, Rogers served as Cinergy’s chairman and chief executive officer for more than 11 years. Prior to the formation of Cinergy, he joined PSI Energy in 1988 as the company’s chairman, president and chief executive officer.

So, when he speaks on an energy topic -- especially that America is not doing enough to develop clean renewable energy or failing to implement a national energy policy --the room should take heed and listen to his words and wisdom.

Rogers recently testified before the Senate Foreign Relations Committee on May 20, 2009. Mr. Rogers offered some astonishing facts China and renewable energy that should make every red blooded American sit up and take notice.

Rogers said that China plans to invest $221 billion over the next two years to build a clean energy economy — everything from wind and solar development to high-speed rail. That’s almost double the current US investment of $112 in everything from wind to solar to advanced batteries. That is, China is investing twice the amount of money in clean energy than the U.S.

He added that China now has renewable energy, energy efficiency, and fuel economy standards that are all more aggressive than our own. President Obama’s recent mandate to raise fuel efficiency standards for U.S. automobiles to an average of 35.5 mpg by 2016 is commendable, but the U.S. is really playing catch-up if you consider that China’s 2008 standard was already at 36 mpg. These policies together are going to reduce China’s GHG emissions by 488 million tons of CO2 by 2030.

Turning to absence of a national energy policy in the U.S., Rogers noted that China’s Renewable Energy Law, which came into force in 2005, has set the world’s most aggressive renewable energy target. By 2020, 15 percent of all energy is to come from wind, biomass, solar and hydropower energy, compared to its current 7 percent. China projects that it will have 137 gigawatts of renewable power generation by then, plus vehicle fuels with at least 15 percent renewable energy content. Despite China's ambitious national energy goals, that the U.S. has yet to even establish a national renewable energy standard.

Turning to coal-fired utility plants, Rogers noted that although China is building coal-fired power plants a lot faster than the U.S., the New York Times reports that roughly 60% of its new plants use advanced technology that makes them more energy efficient and less polluting. China has also started to require power companies to retire one old polluting plant for every new efficient one they build.

Rogers also discussed renewable energy during his speech. Rogers said that this year, China is expected to become the world’s largest wind turbine manufacturer. Until the late 1990’s, the U.S. dominated the global solar energy market. Now Japan, China and Germany are the leaders.

These other countries have policies that have created better markets for clean technologies, so the business opportunities have moved overseas. Rogers reported that according to recent research by Lazard, of the world’s top 10 solar, 10 wind, and 10 advanced battery manufacturing companies, only five of the 30 are American companies.

The question is whether anyone in Washington or the rest of the country is listening to Mr. Rogers. God bless him for having the courage to bring these issues to the forefront in the committee hearing. Let's all hope that someone was listening to him. If the committee raises an alarm at the lack of focus in America on clean renewable energy, we will know that Rogers' message hit its mark.

Kentucky environmental lawyer Sanders says Prime Tanning sued over sludge applied to thousands of acres of Missouri farm fields.

Prime Tanning Co., the former owner of a St. Joseph, Mo., tannery, is being sued over health concerns related to allegations that the plant’s sludge contained hexavalent chromium, a known human carcinogen.

Prime Tanning apparently gave tons of the sludge to farmers to spread on their fields for use as fertilizer. As a result, sludge from the plant has been spread on thousands of acres of farmland in northwest Missouri since 1983

Lawsuits filed last month claim that the sludge contained hexavalent chromium. The suit alleged a link between the sludge and brain tumors occurring in the area.

In response to the lawsuit, Prime Tanning denies the link between the personal injuries alleged in the complaint and its sludge. The company also denies the existence of hexavalent chromium in the plant’s sludge.

Hexavalent chromium compounds are a group of chemical substances that contain the metallic element chromium in its positive-6 valence (hexavalent) state.

Chromium occurs in the environment primarily in two valence states, trivalent chromium and hexavalent chromium. Chromium III is much less toxic than hexavalent chromium. The respiratory tract is also the major target organ for chromium toxicity.

Indeed, according to research reports, hexavalent chromium will cause an increased risk of lung cancer. Other adverse health effects associated with hexavalent chromium exposure include dermal irritation, skin ulceration, allergic contact dermatitis, occupational asthma, nasal irritation and ulceration, perforated nasal septa, rhinitis, nosebleed, respiratory irritation, nasal cancer, sinus cancer, eye irritation and damage, perforated eardrums, kidney damage, liver damage, pulmonary congestion and edema, epigastric pain, and erosion and discoloration of the teeth.

Kentucky environmental lawyer Sanders says EPA is renewing required internal scientific review for new air quality regulations.

Stressing the importance of scientific integrity and transparency, EPA Administrator Lisa P. Jackson called for key changes to the process for reviewing National Ambient Air Quality Standards (NAAQS) to protect human health and the environment.

EPA sets NAAQS for six key pollutants known as “criteria pollutants” that are commonly found across the United States. They are ozone, particle pollution (particulate matter), lead, carbon monoxide, nitrogen dioxide and sulfur dioxide.

EPA is reinstating the role of a key policy document created by agency scientists that contains staff analyses of options for the administrator to consider when setting air quality standards. This document, known as a “staff paper,” will be made available to the agency’s science advisors and the public prior to the initiation of formal rulemaking.

The previous administration replaced the so-called staff paper with an Advance Notice of Proposed Rulemaking outlining potential options for air quality standards in the Federal Register.

In a separate letter to the Clean Air Scientific Advisory Committee (CASAC), Administrator Jackson reaffirmed the committee’s role in guiding the agency to make scientifically sound decisions. The CASAC was established by the Clean Air Act to provide the administrator with independent technical advice on national air quality standards.

In addition to restoring the policy document, Administrator Jackson is retaining previous changes that improved the review process. Those include a public workshop early in the NAAQS review, and the restructuring of key science and risks documents so they are more concise and focused on key scientific and policy issues. Jackson also asked staff to consult with scientific experts in other federal agencies that have responsibility for public health and environmental protection early in the review of each air quality standard.

More information: http://www.epa.gov/ttn/naaqs/review.html

Kentucky environmental attorney Sanders says EPA loses will to fight mountain top removal in Kentucky and West Virginia.

EPA has reviewed 48 proposed permits for mountaintop removal operations issued under the Clean Water Act. These are discharge permits for which the Corps of Engineers notified EPA it was within 60 days of issuing Clean Water Act permits.

Of these 48 pending permits, EPA expressed concern with 6 – 3 in West Virginia, 2 in Ohio and 1 in Kentucky. That is, 42 of 48 were A-okay with EPA.

In an exchange of letters with the Congressman Rahall of West Virginia, EPA said that it has no concerns about the remaining 42. In its letter to Congressman Rahall, the EPA states: “The Corps may proceed with appropriate permit decisions on those remaining permits.”

So, EPA apparently lost the will to fight mountain top removal activities. It will be interesting to see how much fight the agency has with control of greenhouse gases.

Kentucky environment attorney Sanders says President Obama intends to name Colin S. Fulton as General Counsel of US EPA.

President Obama will name Colin Scott Fulton as the next General Counsel of U.S. EPA. He has a long distinguished record of service with the federal government. Let's wish Mr. Fulton the best of luck and wishes in his new job with EPA.

On February 4, 2009, President Obama designated Colin Scott Fulton to serve as Acting Deputy Administrator of the United States Environmental Protection Agency. In the 1980's, Fulton served as an environmental prosecutor and Assistant Chief in the Environment Division of the United States Department of Justice.

From 1990 to 1995, Fulton held leadership positions in EPA's enforcement program, first as Director of Civil Enforcement and subsequently as Principal Deputy Assistant Administrator. From 1995 to 1999, he served as EPA's Principal Deputy General Counsel. From 1999 to 2007, he served as a Judge on EPA's Environmental Appeals Board.

From August of 2007 until his designation as Acting Deputy Administrator, Fulton served as the Acting Assistant Administrator for EPA's Office of International Affairs. As such, he led EPA's international environmental policy development and program implementation and represented the United States in various international settings.

Fulton has served on an extended acting basis at the Assistant Administrator level or higher on four occasions, and has received the top two honor awards available to recognize excellence in federal Senior Executives - the Meritorious Presidential Rank Award and the Distinguished Presidential Rank Award.

Kentucky environment attorney Sanders says Obama to name Bob Perciasepe as deputy administrator of EPA.

Bob Perciasepe has over 30 years of experience in environmental and Natural resources management, legislative and governmental affairs and creative problem solving. Perciasepe joined Audubon as Senior Vice President for Public Policy and head of the Washington, DC office in 2001.

In 2004,he was named COO of Audubon, and in that capacity, he has been responsible for coordinating programs and support services throughout Audubon's national and state offices. Prior to joining Audubon, Bob served as Assistant Administrator for the EPA, first serving as Assistant Administrator for Water, then Assistant Administrator for Air and Radiation.

From 1990 to 1993, Bob was Secretary of Environment and directed pollution control and environmental protection for the state of Maryland. Previously, he was Baltimore's Assistant Director of Planning, where he oversaw environmental and infrastructure planning and managed the capital budget for the city.

Perciasepe holds a Bachelor of Science degree in Natural Resources from Cornell University and master's degree in planning and public administration from the Maxwell School of Syracuse University

Kentucky environment attorney Sanders says formaldehyde is a chemical of concern to scientists studying carcinogens in workplace.

There is a large buzz going around regarding formaldehyde and whether it may be a human carcinogen in the workplace and in common household products. The wood and timber industry will fight all attempts to remove formaldehyde from use in plywood and partical board, not to mention paper coatings.

Formaldehyde is a colorless, flammable, strong-smelling chemical that is used to manufacture building materials and to produce many household products. It is used in pressed-wood products, such as particleboard, plywood, and fiberboard; glues and adhesives; permanent-press fabrics; paper product coatings; and certain insulation materials.

In addition, formaldehyde is commonly used as an industrial fungicide, germicide, and disinfectant, and as a preservative in mortuaries and medical laboratories.

Despite the lack of regulatory action in America, the International Agency for Research on Cancer classifies this chemical as a human carcinogen, based primarily on its association with nasopharyngeal cancer. In 1995, the U.S. Occupational Safety and Health Administration estimated that approximately 2.1 million workers in the United States were exposed to formaldehyde.

Kentucky environmental attorney Sanders says former head of PBGC cops the 5th before Senate Committee on his ties to Wall Street brokerage houses.

On May 20, 2009, the former director of the Pension Benefit Guaranty Corporation under President George W. Bush took the Fifth Amendment when senators asked about allegations that he had inappropriate talks with Wall Street firms while running the operation, which insures the pensions of 44 million Americans.

The Fifth Amendment is a constitutional right not to incriminate yourself. It is a way to avoid admitting your criminal act. I don’t know, but it seems to me that this gentleman may have had his hand in the till or was otherwise acting in a self-serving manner during his tenure as chairman in a complex financial scheme that involved billions of dollars. If illegal conduct is proven in a court of law, it must be severely punished to protect the integrity of our financial system.

The former chairman, Charles E.F. Millard, denies that he had improper communications with the Wall Street firms that won multimillion-dollar contracts to advise the agency on a new strategy to invest its assets more heavily in stocks, real estate and private equity rather than more conservative fixed-income treasury securities.

In February 2008, during Millard's tenure, the board approved a new investment strategy that would invest the PBGC's assets more heavily in private equities and real estate. Millard remains convinced that more aggressive investments will help reduce the agency's deficit and perhaps prevent the need for a future taxpayer bailout. To help implement the new strategy, the agency solicited the services of investment firms on Wall Street.

Goldman Sachs, BlackRock and JPMorgan won awards to invest up to $2.5 billion of PBGC assets in real estate and private equity in return for fees that could exceed $100 million over 10 years. That means, Wall Street brokerage houses would be growing richer as this agency’s current debt of $33.5 Billion dives deeper in the red

It is long-past time to end the white collar corruption on Wall Street and bring common decency, honesty, truthfulness, and integrity back to America’s financial system.

What is wrong with America? Old fashion greed and the ridiculously high socio-economic status of the Wall Street elite are causing the many financial hardships and problems that the other folks in America are being forced to bear in this great country. No one is above the law.

We must punish white collar criminals, who stole or attempted to steal billions of dollars from Main Street via complex financial schemes during the Bush years. We must push for strong forfeiture statutes for financial crimes committed on Wall Street. Nothing can hurt a rich white man like losing his ill gotten gains.

Kentucky environmental attorney Sanders says PBGC is $33.5 Billion in the hole and this deficit will grow with auto manufacturers' bankruptcy.

In another toxic enconomic legacy from the Bush years, the Pension Benefit Guaranty Corporation posted a $33.5 billion deficit for the first half of fiscal year 2009, PBGC Acting Director Vince Snowbarger told the Senate Special Committee on Aging at a hearing on May 20, 2009. Based on unaudited financial numbers as of March 31, the deficit represents an increase over FY 2008’s $11 billion shortfall, and is the largest in the agency’s 35-year history.

“The increase in the PBGC’s deficit is driven primarily by a drop in interest rates and by plan terminations, not by investment losses,” Snowbarger states in his written testimony. “The PBGC has sufficient funds to meet its benefit obligations for many years because benefits are paid monthly over the lifetimes of beneficiaries, not as lump sums. Nevertheless, over the long term, the deficit must be addressed.”

The $22.5 billion deficit increase was due primarily to about $11 billion in completed and probable pension plan terminations; about $7 billion resulting from a decrease in the interest factor used to value liabilities; about $3 billion in investment losses; and about $2 billion in actuarial charges.

Snowbarger notes that as of April 30, the PBGC’s investment portfolio consisted of 30percent equities, 68 percent bonds, and less than 2 percent alternatives, such as private equity and real estate. All the agency’s alternative investments have been inherited from failed pension plans.

The PBGC is closely monitoring companies in the auto manufacturing and auto supply industries. According to PBGC estimates, auto sector pensions are underfunded by about $77 billion, of which $42 billion would be guaranteed in the event of plan termination. The pension insurer also faces increased exposure from weak companies across all sectors of the economy, including retail, financial services and health care.

The PBGC is a federal corporation created under the Employee Retirement Income Security Act of 1974. It currently guarantees payment of basic pension benefits earned by 44 million American workers and retirees participating in over 29,000 private-sector defined benefit pension plans. The agency receives no funds from general tax revenues. Operations are financed largely by insurance premiums paid by companies that sponsor pension plans and by investment returns.

Kentucky environmental attorney Sanders says EPA scrambles some knuckleheads at Ohio Fresh Eggs for environmental crimes under Clean Water Act.

U.S. EPA announced that on May 18, 2009, Ohio Fresh Eggs, LLC (“Eggs”) pled guilty in United States District Court, Northern District of Ohio, to illegally discharging egg wash water into Kreisel Ditch, a tributary of Tymochtee Creek.

In addition to Eggs’ guilty plea, a plea agreement was filed with the Court. The agreement recommends that Eggs serve a three-year term of probation. During the term of probation, the parties recommended to the Court, that Eggs will pay a fine of $150,000 and pay a total of $150,000 to three charitable environmental organizations, as part of community service. Also, during the term of probation, Eggs has agreed to make a number of improvements to its facility, including the addition of another field to which the egg wash water will be applied.

Eggs, a concentrated animal feeding operation, is the largest egg producer in the State of Ohio with 12 production facilities located in Northwest and Central Ohio. In Northwest Ohio, Eggs operates a commercial egg farm located in Marseilles. Approximately three million egg laying chickens are housed at this facility. Kreisel Ditch is located near the facility.

Eggs produced at the Marseilles Eggs facility are washed prior to shipment. The water from the egg washing process is collected in a lagoon at the farm. This wastewater contains broken eggs, soap, and a minor amount of manure. To dispose of the wastewater in the lagoon, Eggs has a permit to apply it to a nearby field.

A contractor for Eggs, Myron P. Lawler, directed a crew which applied the wastewater to the field. At Mr. Lawler’s direction, the wastewater was negligently over-applied onto the field through the night of March 6, 2007, and into next morning, March 7. As a result of the over-application, on March 7, 2007 the wastewater flowed off of the field, through a series of drainage tiles, into Kreisel Ditch and subsequently into Tymochtee Creek. Both Eggs and Mr. Lawler were charged with negligently violating the Clean Water Act. The charge against Mr. Lawler is still pending.

This case was prosecuted by United States Department of Justice, United States Attorney, Northern District of Ohio, following an investigation by the U.S. EPA Criminal Investigation Division; the Ohio Attorney General’s Office, Bureau of Criminal Identification and Investigation; and the Ohio Environmental Protection Agency, all members of the Northwest Ohio Environmental Crimes Task Force. These fine environmental enforcement folks certainly cracked some knuckle heads at Eggs. Scrambled the bums!

Kentucky environmental lawyer Sanders says Obama sending $503,800 in grants to Kentucky Division of Water!

In an effort to improve water quality and create jobs, the U.S. Environmental Protection Agency (EPA) has awarded $503,800 to the Kentucky Energy and Environment Cabinet under the American Recovery and Reinvestment Act of 2009. A total of $39 million will be awarded nationally to states for Water Quality Management Planning (WQMP) grants, which will keep and create jobs to help prevent water pollution and protect human health and the environment.

Planning is an important step to achieve EPA’s goal of improved water quality in America’s lakes, rivers and streams. WQMP grants support a broad range of activities, such as setting standards, monitoring the quality of the water, developing plans to restore polluted waters, and identifying ways to protect healthy waters from becoming polluted. States are also encouraged to use these funds for more innovative planning activities, like developing plans to adapt to climate change, analyzing trends in water availability and use, and creating low-impact development programs. Grants are awarded to state agencies and some of the funds can be awarded to regional and interstate planning organizations.

President Obama signed the American Recovery and Reinvestment Act of 2009 on Feb. 17, 2009, and has directed that the Recovery Act be implemented with unprecedented transparency and accountability. To that end, the American people can see how every dollar is being invested at Recovery.gov.

For information on EPA’s implementation of the American Recovery and Reinvestment Act of 2009, visit http://www.epa.gov/recovery/

Kentucky environmental attorney Sanders says EPA sets first public hearing on proposed regulation of greenhouse gases under Clean Air Act.

EPA will hold the first of two public hearings on Monday, May 18 regarding the agency’s proposed findings that greenhouse gases contribute to air pollution that may endanger public health or welfare. The proposed findings identify six greenhouse gases that pose a potential threat.

The hearing is an opportunity for stakeholders and members of the public to voice their opinions on the proposed findings.

WHAT: Public hearing on the proposed endangerment and cause and contribute findings

WHEN: Monday, May 18th, 9:00 a.m. – 8:00 p.m.
The hearing will continue into the evening to accommodate all members of the public who wish to comment.

WHERE: EPA Potomac Yard South Conference Center
2777 Crystal Drive, Room S-1204
Arlington, Va.

Written comments will be accepted until June 23, 2009. EPA will consider written comments submitted during the comment period with the same weight as oral comments presented during the public hearing.

More information on the hearing and for the audio webcast of the hearing: http://www.epa.gov/climatechange/endangerment/hearing_washington-may18.html

More information on the proposed finding: http://www.epa.gov/climatechange/endangerment.html

Kentucky environmental attorney Sanders says second hand cigarette smoke is deadly and poses huge risk of disease to innocent folks exposed to smokers

Smoking is the single greatest avoidable cause of disease and death. As we previously reported, Kentucky leads the nation in smoking cigarettes. In addition to the harm done to smokers, second hand smoke is also deadly. That means bad stuff will happen to almost everyone smelling that nasty, cancinogenic shit in the air!

Secondhand smoke is classified as a "known human carcinogen" (cancer-causing agent) by the US Environmental Protection Agency (EPA), the US National Toxicology Program, and the International Agency for Research on Cancer (IARC), a branch of the World Health Organization.

Tobacco smoke contains over 4,000 chemical compounds. More than 60 of these are known or suspected to cause cancer.

When non-smokers are exposed to secondhand smoke it is called involuntary smoking or passive smoking. Non-smokers who breathe in secondhand smoke take in nicotine and other toxic chemicals just like smokers do. The more secondhand smoke you are exposed to, the higher the level of these harmful chemicals in your body. That is scary for folks working as a bartender, waitress, bingo hall or in a bowling alley.

So, the next time you are in a room with a smoker or standing next to a smoker, remember that the Surgeon General of the United States has concluded that:

1. Many millions of Americans, both children and adults, are still exposed to secondhand smoke in their homes and workplaces.

Supporting Evidence
o Levels of a chemical called cotinine, a biomarker of secondhand smoke exposure, fell by 70 percent from 1988-91 to 2001-02. In national surveys, however, 43 percent of U.S. nonsmokers still have detectable levels of cotinine.
o Almost 60 percent of U.S. children aged 3-11 years—or almost 22 million children—are exposed to secondhand smoke.
o Approximately 30 percent of indoor workers in the United States are not covered by smoke-free workplace policies.

2. Secondhand smoke exposure causes disease and premature death in children and adults who do not smoke.

Supporting Evidence
o Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide.
o Secondhand smoke has been designated as a known human carcinogen (cancer-causing agent) by the U.S. Environmental Protection Agency, National Toxicology Program and the International Agency for Research on Cancer (IARC). The National Institute for Occupational Safety and Health has concluded that secondhand smoke is an occupational carcinogen.

3. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma. Smoking by parents causes respiratory symptoms and slows lung growth in their children.

Supporting Evidence
o Children who are exposed to secondhand smoke are inhaling many of the same cancer-causing substances and poisons as smokers. Because their bodies are developing, infants and young children are especially vulnerable to the poisons in secondhand smoke.
o Both babies whose mothers smoke while pregnant and babies who are exposed to secondhand smoke after birth are more likely to die from sudden infant death syndrome (SIDS) than babies who are not exposed to cigarette smoke.
o Babies whose mothers smoke while pregnant or who are exposed to secondhand smoke after birth have weaker lungs than unexposed babies, which increases the risk for many health problems.
o Among infants and children, secondhand smoke cause bronchitis and pneumonia, and increases the risk of ear infections.
o Secondhand smoke exposure can cause children who already have asthma to experience more frequent and severe attacks.

4. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.

Supporting Evidence
o Concentrations of many cancer-causing and toxic chemicals are higher in secondhand smoke than in the smoke inhaled by smokers.
o Breathing secondhand smoke for even a short time can have immediate adverse effects on the cardiovascular system and interferes with the normal functioning of the heart, blood, and vascular systems in ways that increase the risk of a heart attack.
o Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing heart disease by 25 - 30 percent.
o Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing lung cancer by 20 - 30 percent.

5. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

Supporting Evidence
o Short exposures to secondhand smoke can cause blood platelets to become stickier, damage the lining of blood vessels, decrease coronary flow velocity reserves, and reduce heart rate variability, potentially increasing the risk of a heart attack.
o Secondhand smoke contains many chemicals that can quickly irritate and damage the lining of the airways. Even brief exposure can result in upper airway changes in healthy persons and can lead to more frequent and more asthma attacks in children who already have asthma.

6. Eliminating smoking in indoor spaces does not protect nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke.

Supporting Evidence
o Conventional air cleaning systems can remove large particles, but not the smaller particles or the gases found in secondhand smoke.
o Routine operation of a heating, ventilating, and air conditioning system can distribute secondhand smoke throughout a building.
o The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), the preeminent U.S. body on ventilation issues, has concluded that ventilation technology cannot be relied on to control health risks from secondhand smoke exposure.

Kentucky environmental attorney Sanders says Pfizer to disclose compensation to U.S. health care professionals for drug research and trials.

Pfizer Inc will disclose its compensation paid to U.S. healthcare professionals for consulting, speaking engagements and clinical trials. The disclosure will include payments made to practicing U.S. physicians and other healthcare providers, as well as principal investigators, major academic institutions and research sites for clinical research.

This makes Pfizer the first biopharmaceutical company to commit to reporting payments for conducting Phase I-IV clinical trials in addition to disclosing payments for speaking and consulting. Pfizer plans to publish its first annual online update on www.pfizer.com in early 2010. The report will include payments made from July 1, 2009, going forward.

Parameters under consideration include reporting payments to recipients, whose aggregate amount exceeds $500 in a calendar year, including the value of non-monetary items, such as meals, that exceed $25 in value. Specifically, this includes disclosing all payments to:

• All practicing healthcare providers who can prescribe medicines;
• Major institutions for ongoing clinical trials; and
• All principal investigators and other entities for Phase I-IV clinical trials sponsored by Pfizer beginning after July 1, 2009.

The payments include those for:
• Clinical development and commercial consulting;
• Promotional speaking;
• Phase I-IV clinical trials;
• Investigator-initiated research; and
• Meals and other non-monetary items.

We salute the efforts of Pfizer to give transparency to drug research and compensation paid to health care professionals by Pfizer. We would like to see Pfizer make the same disclosures for health care professionals located outside of the U.S.

Kentucky environmental attorney Sanders says the F35 fighter is truly an amazing tactical jet fighter and this clip is truly amazing.

The video is of the Lockheed Martin F-35 Lightning II joint strike fighter – a truly transformational weapon system that provides quantum leaps in survivability and lethality.

I would say that this pilot and aircraft are "Sierra Hotel" all the way. Go USA!!

Kentucky environmental attorney Sanders says ammonia release at American Cold Storage kills two maintenance workers in Louisville, KY.

Several state and local emergency response agencies investigated an anhydrous ammonia leak about 4:30 p.m. at American Cold Storage, 607 Industry Road, Louisville, Kentucky. This facility is a bullk refrigeration storage plant for food products.

According to the Louisville Fire Department, about a dozen employees had evacuated the building before firefighters arrived. Once on the scene, two workers had to be removed by firefighters wearing hazmat suits. The workers later died from their exposure to the ammonia.

American Cold Storage was formed in 1981 with the purchase of Louisville Freezer in Louisville, KY. In 1987 this facility was expanded to 4.8 million cubic feet. Refrigerant grade anhydrous ammonia is a clear, colorless liquid or gas, free from visible impurities. It is at least 99.95 percent pure ammonia.

Ammonia is considered a high health hazard because it is corrosive to the skin, eyes, and lungs. Exposure to 300 ppm is immediately dangerous to life and health. Ammonia refrigeration systems are used quite frequently in facilities that provide industrial refrigeration.

Kentucky environmental attorney Sanders says 88,070 people died in 2008 from earthquakes around the world.

About 88,070 deaths resulted from earthquake activity worldwide during 2008, according to the U.S. Geological Survey (USGS) and confirmed by the United Nations Office for Coordination of Humanitarian Affairs (OCHA). The number of earthquake-related fatalities across the world was much higher in 2008 than in recent years. In fact, earthquakes in 2008 caused the greatest the largest number of deaths in a year since 2004.

Fortunately, no fatalities occurred in the United States from earthquakes in 2008.

Kentucky environmental attorney Sanders says Senator Kirsten Gillibrand calling for EPA investigation into drug residues in drinking water supplies.

In response to reports of trace amounts of pharmaceuticals, including estrogen and codeine, found in New York waterways and around the country, U.S. Senator Kirsten Gillibrand announced legislative action to study the presence of these drugs in drinking water and the long term health effects on children and families. Senator Gillibrand will work to move her provision this week when the Senate considers comprehensive legislation to improve water infrastructure across the country.

"As a lawmaker and mother of two young children, I expect that America's drinking water is clean and free of these kinds of pharmaceuticals," said Senator Gillibrand. "As we upgrade our failing water infrastructure, it is important that we also address the safety of our drinking water. Right now the federal government does not have adequate data on the long term health effects of these trace chemicals. Parents count on the government to ensure clean, safe drinking water for all our families."

In 2007, an Associated Press investigation reported that water supplies across the United States contained a number of drugs, including antibiotics, anti-convulsants, mood stabilizers, and sex hormones.

Senator Gillibrand's provision will require the Environmental Protection Agency (EPA) to study the presence of pharmaceuticals and personal care products in water, identify exactly what is found and at what level, where it's coming from, and how to control, limit, treat or prevent the dissemination of pharmaceuticals in drinking water. The EPA will have two years to produce the study.

There is currently no comprehensive data available on the presence of pharmaceuticals in drinking water or its long term health effects. While there are no confirmed health risks associated with consumption of trace amounts of pharmaceuticals in the water, there is no definitive assessment to rule out potential danger. In fact, some studies have shown that traces of pharmaceuticals may be harming fish in New York City's Jamaica Bay due to increased levels of the female hormone estrone or other estrogenic chemicals discovered in the waterway.

As a member of the Senate Environment and Public Works (EPW) Committee, Senator Gillibrand will play a leading role in drafting the Water Infrastructure Financing Act. Communities across New York State are struggling with deteriorating water infrastructure and the tremendous costs to rebuild. Senator Gillibrand will work to deliver federal dollars to these communities across New York State to rebuild failing sewers and water filtration systems, creating thousands of jobs and reducing the local property tax burden.

Kentucky environmental attorney Sanders says EPA has revoked regulations that allowed carbofuran residues in U.S. food supply.

U.S. EPA revoked its regulations that allowed the presence of small amounts of the pesticide “carbofuran” in food. Carbofuran is a toxic insecticide that does not meet current U.S. food safety standards. EPA’s action will eliminate residues of carbofuran in food, including all imports, in a move to protect people, especially children, from dietary risk. Ultimately, EPA will remove this pesticide from the market.

EPA is proceeding to cancel the remaining carbofuran registrations, or licenses, which will address risks to pesticide applicators and birds in treated fields. In 2006, EPA identified significant dietary, ecological and worker risks from the use of carbofuran and concluded that all uses must be cancelled. While FMC Corporation voluntarily withdrew 22 uses of this pesticide, it was insufficient for the agency to conclude that dietary exposures to carbofuran are safe.

The final carbofuran tolerance rule becomes effective in December. EPA is encouraging growers to switch to safer pesticides or other environmentally preferable pest control strategies.

More information on carbofuran: http://www.epa.gov/pesticides/reregistration/carbofuran/carbofuran_noic.htm

Kentucky environmental lawyer Sanders says carbon dioxide levels in atmosphere continue to rise according to data released by NOAA.

Atmospheric CO2 reached 389.47 parts per million (ppm) in the month of April 2009, according to scientific data released earlier today by the National Oceanic and Atmospheric Administration (NOAA) in the United States. This atmospheric level is above what it was in 2008. At the same monitoring location, the Mauna Loa Observatory, atmospheric CO2 was 387.18 ppm in April 2008.

Carbon dioxide (CO2) is the chief greenhouse gas that results from human activities and causes global warming and climate change. According to many leading scientists, the upper safety limit for atmospheric CO2 is 350 parts per million (ppm).

According to scientists, the rising level of CO2 in our atmosphere is significantly higher than the natural range (~180 ppm to 300 ppm) that existed for at least 800,000years before the start of the industrial revolution. During the industrial revolution, the industrial nations started burning increasing amounts of fossil fuels, which release greenhouse gases, including CO2. Thus, EPA is proposing to regulate CO2 emissions under the Clean Air Act.

Kentucky environmental attorney Sanders says U.S. EPA proposes $600 million budget for criminal and civil environmental enforcement for FY 2010!!

U.S. EPA’s Fiscal Year 2010 budget proposes the largest enforcement and compliance budget in history -- $600 million, an increase of $32 million from last year. The $600 million enforcement budget reflects the President’s strong commitment to enforcing of the federal environmental laws and ensures that EPA has the resources necessary to maintain a robust and effective criminal and civil enforcement program.

Specifically, the request includes an increase of nearly 30 additional positions primarily for civil and criminal enforcement. In addition, EPA will enhance efforts to integrate environmental justice considerations in EPA’s programs and policies as well as fulfill environmental requirements with respect to other federal agencies’ projects funded by the American Recovery and Reinvestment Act.

According to EPA’s Administrator, investing in the agency’s enforcement program yields tangible pollution reductions and fundamental behavioral change in the regulated community.

Kentucky environmental lawyer Sanders says Motana jury finds WR Grace and 3 former executives not guilty of crimes after 200 asbestos-related deaths.

A jury near Libby, Montana has recently acquitted W.R. Grace & Company and three of its former executives of knowingly exposing mine workers and Libby residents to asbestos. After deliberating one full day, jurors returned not guilty verdicts in the W.R. Grace & Co. trial on Friday, May 8, 2009. The jury found the corporation and three individual defendants not guilty, which ended the largest environmental crimes prosecution in United States history.

Federal prosecutors initially accused W.R. Grace and its executives of exposing Libby’s 100,000 residents to asbestos while operating a vermiculite mine, resulting in more than 200 deaths and nearly 2,000 illnesses. The government’s indictment alleged that W.R. Grace conspired to “knowingly release” asbestos and tried to hide the dangers of inhaling asbestos fibers from employees and nearby residents.

The indictment also said W.R. Grace tried to “defraud the United States and others by impairing, impeding, and frustrating” the EPA’s investigation of the site in 1999. In all, the 10-count indictment included charges of wire fraud and obstruction of justice.

Kentucky environmental lawyer Sanders says perchlorate is found in infant formula, but Center for Disease Control has no plan of action on pollutant.

The Center for Disease Control (“CSC”) recently published a study of perchlorate in infant formula published in The Journal of Exposure Science and Environmental Epidemiology. Perchlorate is a contaminant in groundwater and drinking water supplies around the country. It is widely used by the military and others as an oxider in explosives, fireworks, road flares, and rocket propellant.

Perchlorate has been found in the drinking water of at least 35 states and the District of Columbia. The chemical can inhibit the thyroid gland's iodine uptake, interfering with fetal development. As a result, nearly everyone in the U.S. is exposed regularly to low levels of perchlorate.

People are exposed through eating food, and drinking milk and water that contain perchlorate. Fatty tissue in the breasts concentrates perchlorate, causing milk products to have higher levels of the chemical than some other food products.

High levels of perchlorate can affect the thyroid gland, causing changes in how our organs function, especially in fetuses and young children. High levels can be defined as thousands of times greater than those seen in this study, such as levels that were seen in the past when perchlorate was used for medical treatment.

Whether there may be health effects of low-level exposures is unknown. All of the powdered infant formulas tested contained perchlorate. Cow’s milk-based formula with lactose had a significantly higher concentration of perchlorate than the other types. Face with no real answers to questions about the long-term effects of exposure to perchlorate on infants, the CDC recommends breastfeeding as optimal for both mothers and babies.

Parents who do use infant formula should be aware that the U. S. FDA requires that all baby formulas include iodine, which may offset any potential effects of perchlorate in the formula. The study is at: http://www.nature.com/jes/journal/vaop/ncurrent/abs/jes200918a.html

Despite the existence of perchlorate in drinking water supplies across the country, U.S. EPA does not regulate perchlorate in water.

Kentucky environmental attorney Sanders says U.S. Department of Social Security releases its 2008 Top 10 names for children born in U.S.

The Social Security Administration released its annual list of most popular baby names for 2008. Topping the boys list for 2008 is "Jacob," which has been the number one male moniker for 10 years. The remaining members of the Top 10 Boys’ names are Jacob, Michael, Ethan, Joshua and Daniel, Alexander, Anthony, William, Christopher and Matthew.

The most popular 10 names for baby daughters, in order, are: Emma, Isabella, Emily, Madison, Ava, Olivia, Sophia, Abigail, Elizabeth and Chloe.

Kentucky environmental attorney Sanders says complaints over defective Chinese drywall causes CPSC to issue preliminary report.

After receiving complaints from 180 consumers from 13 states and the District of Columbia related to adverse health symptoms or certain metal corrosion problems in their homes related to drywall imported from China, the Consumer Product Safety Commission (“CPSC”) has issued a report on the Chinese imported drywall situation. The report is all of eight pages in length, and asks far more questions than it answers.

The majority of the reports to the CPSC have come from consumers residing in Florida while others have come from consumers in Louisiana, Virginia, Wisconsin, Ohio, Alabama, Mississippi, Missouri, California, Washington, Wyoming, the District of Columbia, Arizona, and Tennessee. Consumers largely report that their homes were built in 2006 to 2007, when an unprecedented increase in new construction occurred in part due to natural disasters occurring in of 2004 and 2005.

Common complaints of imported drywall include:
• “rotten egg”-smell within their homes from the imported drywall.
• health concerns such as irritated and itchy eyes and skin, difficulty in breathing, persistent cough, bloody noses, runny noses, recurrent headaches, sinus infection, and asthma attacks.
• blackened and corroded metal components in their homes and the frequent replacement of components in air conditioning units.

The report is at: http://www.cpsc.gov/drywall.pdf

Kentucky environmental attorney Sanders says Kentucky Brownfields Program helps put old contaminated property back into productive use.

Brownfields are industrial and commercial sites that are abandoned or unused because of actual or perceived environmental contamination. Often these sites are in urban areas that could be redeveloped, but due to potential liability, developers seek out unused property, or “greenfields,” on which to build.

Because an owner of land contaminated with hazardous substances can be held liable for the cost to clean up the land under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), potential purchasers are reluctant to buy Brownfield sites.

Federal and state programs have created incentives to encourage voluntary clean up and reuse of Brownfields by state and local governments and private parties. The incentives include grants, waivers of liability, and tax incentives.

Prospective buyers, lenders, insurers, and developers can employ private mechanisms to manage environmental liability risks associated with Brownfields. Indemnification provisions, which are contractual mechanisms in which one party promises to shield another from liability, can be used to assign responsibility for cleanup costs among the various parties.

Private parties also can purchase environmental insurance policies to decrease the financial risk of getting involved with Brownfields.

There are an estimated 8,000 Brownfield sites in the Bluegrass state, and the Kentucky Brownfield Program is working to get those properties back into productive use. While the approximate number of Brownfields is known, their locations are not all known.

The Kentucky Brownfield Program has created an inventory of sites in order to market the properties to those interested in Brownfield redevelopment. The Kentucky Brownfield Program is working to promote the redevelopment of these sites by helping to remove barriers that prevent reuse, providing useful information to communities, developers and the public and encouraging a climate that fosters redevelopment of contaminated sites.

Kentucky environmental attorney Sanders says Kentucky offers new program to stop smoking among pregnant moms.

The Kentucky Department for Public Health (“DPH”) and University of Kentucky have a program to help reduce the number of pregnant women who smoke during pregnancy. The program called, Giving Infants and Families Tobacco-Free Starts (“GIFTS”), enrolled over 500 women in its nine-county pilot area in eastern Kentucky, helping many give up smoking during their pregnancies. About 26.7 percent of Kentucky’s pregnant women smoke, which is more than twice the national average.

The four primary barriers that keep pregnant women smoking are: depression, social support, domestic violence and secondhand smoke exposure. GIFTS program participants receive a variety of resources and supportive materials including:

Quit Line referrals to the Kentucky Tobacco Quit Line, 1 800 QUIT NOW, a free, telephone-based counseling service.

Need Help Putting Out That Cigarette” booklet.

Carbon monoxide monitoring.

Depression, social support and domestic violence screening and referrals.

Referrals for smoking cessation for household members.

Ongoing support by counseling and educational materials.

The GIFTS program offers various incentives such as water bottles filled with items such as hard candy and gum; baby bibs featuring the GIFTS logo; and $10 baby delivery gifts like photo albums or diapers.

Women who smoke during pregnancy increase the risk that their infants will suffer from low birth weight, intrauterine growth retardation, prematurity, various respiratory diseases and infant mortality.

Smoking during pregnancy increases the risk for and exacerbates several pregnancy complications such as premature rupture of the membranes, infections, placenta previa and placental abruption, all of which are associated with preterm birth.
The Surgeon General’s report also found a causal relationship between maternal smoking and ectopic pregnancy, miscarriage and fetal growth retardation.

Kentucky environmental attorney Sanders says US EPA announces plan to meet alternative fuel goals of Energy Independence and Security Act of 2007.

U.S. EPA announced its strategy for increasing the supply of renewable fuels, poised to reach 36 billion gallons by 2022, as mandated by the Energy Independence and Security Act of 2007 (“EISA”). EPA’s plan included the requirements for:
• cellulosic biofuels;
• biomass-based diesel;
• advanced biofuels; and
• total renewable fuel.

In 2022, EPA’s proposal would require refiners to brew:
• 16 billion gallons of cellulosic biofuels;
• 15 billion gallons annually of conventional biofuels;
• 4 billion gallons of advanced biofuels; and
• 1 billion gallons of biomass-based diesel.

A 60-day comment period on this proposal will begin upon publication in the Federal Register. During the comment period EPA will hold a public workshop on lifecycle analysis to assure full understanding of the analyses conducted, the issues addressed and the options that are discussed.

More information: http://www.epa.gov/otaq/renewablefuels/index.htm

Kentucky environmental lawyer Sanders says US EPA will withdraw Emission Comparable Fuels Rule passed at end of Bush era at EPA.

U.S. EPA is planning to propose a rule to withdraw the Emission Comparable Fuels (ECF) rule, which became effective on January 20, 2009.

The proposal will present the agency's concerns and request comments from the public after publication in the Federal Register, planned for November 2009. After evaluating the public comments, the EPA will make a decision on whether to repeal the exclusion.

The ECF rule removed regulatory costs by reclassifying certain manufacturing byproducts as non-wastes. ECF is fuel that is produced from a hazardous waste, but which generates emissions when burned in an industrial boiler that are comparable to emissions from burning fuel oil. The materials must also be stored under an elaborate set of requirements.

The final rule has been criticized for allowing hazardous waste to evade the hazardous waste regulatory system, and also for being difficult to administer. Industry members have also criticized it because of the detailed and prescriptive conditions for reclassification, which they believe will limit the rule's use.

To look at the ECF rule and determine its potential legality under the multiple federal environmental programs, simply look at the Rule's effective date and you will instantly understand EPA's current action. In all fairness, this rule was a bone headed mistake from a very bad EPA under former EPA administrator, Stephen Johnson.

More information on the Emission Comparable Fuels rule: http://www.epa.gov/epawaste/hazard/tsd/td/combust/compfuels/exclusion.htm

Kentucky environmental attorney Sanders says US EPA will look again at the definition of "solid waste" for RCRA and CERCLA regulations.

U.S. EPA is planning to hold a public meeting to discuss possible revisions to the Definition of Solid Waste (“DSW”) rule in response to an administrative petition asking the agency to reconsider and repeal the rule.

The rule became effective on December 29, 2008. The meeting is planned for the end of June, and a Federal Register notice with the details of the meeting will be published in May.

As promulgated, the DSW rule modified the regulations for recycling hazardous secondary materials to encourage the recycling of certain materials to help conserve resources. The rule includes conditions designed to ensure that the recycling of the materials is protective of human health and the environment.

The rule also takes into account a series of opinions in the U.S. Court of Appeals for the D.C. Circuit on the meaning of the term "discard," which forms the basis of the definition of solid waste.

Since publication of the DSW rule, the Sierra Club has raised concerns about the effectiveness and protectiveness of the rule and has requested EPA stay the rule in an administrative petition.

In addition, the Sierra Club and the American Petroleum Institute have filed judicial petitions for review in the U.S. Court of Appeals for the D.C. Circuit. Various industry groups have also filed letters opposing the Sierra Club's administrative petition.

EPA expects that stakeholders' input at the public meeting will assist the agency in deciding whether to make revisions to the rule and how such revisions would further ensure that the rule appropriately and safely encourages resource conservation for those hazardous secondary materials that are conditionally excluded.

The Federal Register notice announcing the meeting will raise specific questions for consideration, particularly related to reclamation that is not under the control of the generator. Any revisions to the rule would be made through the full public rulemaking process.

Kentucky environmental lawyer Sanders says PSC ruling in Cincinnati Bell case is beginning of end of white pages phonebook.

The Kentucky Public Service Commission (PSC) has decided that the Cincinnati Bell Telephone Co. can distribute printed White Pages directories only to those customers who make a specific request for the directories. In an order issued, the PSC found the Cincinnati Bell plan meets the statutory requirement that certain phone companies continue to provide subscriber access to directories. The PSC noted that Cincinnati Bell will make the contents of the directory available on the Internet, while existing and new customers who request a printed directory will receive one at no charge.

In its order, the PSC noted that Internet access is not universal for Kentucky telephone customers. Therefore, there may be many customers who prefer and rely upon traditional printed directories. The PSC ordered Cincinnati Bell to undertake an extensive public information campaign to inform customers of the switch to an electronic directory and their right to continue receiving a printed directory upon request.

The PSC also directed Cincinnati Bell to continue to include the listings of emergency and government information in the Yellow Pages directory, which will continue to be distributed to all customers in the Northern Kentucky area. The PSC said that those listings will provide access to vital information in the event of power outages or other emergencies that may disrupt Internet access.

Cincinnati Bell also will provide free copies of the published directories at all of its retail stores in the Cincinnati area. The PSC encouraged the company to also consider making the directories available at non-Cincinnati Bell stores and businesses.

Cincinnati Bell provides telephone service in Boone, Campbell, Gallatin, Grant, Kenton and Pendleton counties in Northern Kentucky. Most of the company’s customers are in Ohio, primarily within Cincinnati, Dayton and surrounding areas. Cincinnati Bell is an incumbent local exchange carrier, which means that it owns and operates most of the telephone infrastructure within a defined service area. There are other telephone companies also providing service in Northern Kentucky.

Those companies are known as competitive local exchange carriers and operate under “interconnection agreements” with Cincinnati Bell. The agreements govern their access to the Cincinnati Bell network.

The interconnection agreements usually include provisions under which Cincinnati Bell supplies White Pages directories to the customers of the competitive carriers. It will be up to Cincinnati Bell and the competitive carriers to determine how White Pages will be provided to those customers in the future.

Cincinnati Bell is the first incumbent local exchange carrier in Kentucky to move away from traditional distribution methods for White Pages directories. In January of this year, the Ohio Public Utilities Commission approved a similar request covering Cincinnati Bell’s Ohio customers.

PSC’s order and other documents in the case are available on the PSC Web site, psc.ky.gov. The case number is 2009-00029.

Kentucky environmental attorney Sanders says Big Bone Lick is a favorite fishing hole in NKY.

Big Bone Lick State Park, Union
Free Fishing Weekend
June 6-7, 2009

Every year Kentucky offers free fishing days the first weekend in June. No license is required for residents or non-residents to fish in any Kentucky waters, but all fishing regulations remain in effect. The free fishing days are a great time to get some friends together and head down to Big Bone Lick State Park.

The park has a 7.5 acre lake, a stream stocked with trout, and the Ohio River is only 2 miles away from the park. Bait and year round hunting and fishing permits are available at the park campground store. Starts at 8 a.m.1-859-384-3522.

Kentucky environmental attorney Sanders says mark your calendar for June 6 and 7 for fishing and hiking around the Commonwealth.

Barren River Lake State Resort Park, Lucas, Kentucky
Free Fishing Weekend and Youth Fishing Derby
June 6-7, 2009

Every year Kentucky offers free fishing days the first weekend in June. No license is required for residents or non-residents to fish in any Kentucky waters, but all fishing regulations remain in effect. The free fishing days are a great time to get some friends together.

The Fishing Derby is June 6. This is a fun day for youth ages 15 and under. A cooperative effort between the U.S. Army Corps of Engineers, Kentucky Department of Fish and Wildlife Resources, and Barren River Lake State Resort Park provides youth an opportunity to learn about fishing. The park provides the fishing poles (or you can bring your own) the bait and drinking water.

Activities begin at 9 a.m. with a 30 minute Leave No Trace for Fishing Awareness Seminar and games. Fishing will begin at 9:30 and will continue until noon. Prizes will be given for most fish, largest fish and smallest fish. Activities take place at the cove below the beach. Contact Lisa Deavers at 1-800-325-0057 or lisa.deavers@ky.gov

Kentucky environmental attorney Sanders says Kentucky has billion dollar deficit projected for 2010.

Gov. Steve Beshear is asking the Consensus Forecasting Group (CFG) for a formal projection for fiscal year 2010, based on internal estimates that predict a potential budget shortfall next year of between $818 million and $1.094 billion.

The CFG, an independent group of leading economists across the Commonwealth, is expected to meet twice in May and come back with an official forecast for Fiscal Year 2010 by the end of the month. Gov. Beshear has also asked the CFG to make initial projections for FY 2011 and FY 2012.

This planning estimate is an important indication of how quickly the economy might begin recovering before decisions are made about how to balance Fiscal Year 2010.

As Kentucky lawmakers consider what to do about a projected $900-million budget shortfall over the next two years, most residents don't like the solutions they're hearing from Frankfort. Among them: steep cuts to higher education, a big hike in cigarette taxes and casino gambling.

Kentucky environmental attorney Sanders says change out those inefficient incandescent light bulbs!

According to the U.S. Department of energy, an incandescent light bulb is more efficient as a heat source than a light, with nearly 90% of the input energy being converted to heat. Where can you find incandescent lamps in your house?

Recessed "can" fixtures
Wall sconces
Suspended fixtures
Lamps and task lighting
Accent lighting and "track" lighting
Illuminated exit signs
Exterior lighting

Now, I know why my mom left the light on in the garage in the winter for the dog.

Kentucky environmental attorney Sanders says Kentucky Statutes have Living Will provisions.

A living will is a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments. A living will may also be referred to as an advance directive, health care directive, or a physician's directive.

A living will is a legal document that informs your health care providers and your family about your desires for medical treatment in the event you are not able to speak for yourself. Thus, a Living Will provides your written directions on your life and shows your decisions on how to proceed with medical care when you are unconscious or too ill to communicate your wishes. Thus, a Living Will memorializes your decisions and makes them clearly known to your health care providers and family members. It is a powerful and important legal document.

The Kentucky Living Will Directive Act of 1994 was passed to ensure that Kentuckians have a way to express their right to make decisions regarding their own medical care, including the right to accept or refuse treatment. T his right to decide about medical care applies to treatments that extend life, like a breathing machine or a feeding tube.

Kentucky law (KRS 311.625) specifies the form that you should fill out. The Living Will form includes two sections. The first section is the Health Care Surrogate section which allows you to designate one or more persons, such as a family member or close friend, to make health care decisions for you if you lose the ability to decide for yourself.

The second section is the Living Will section in which you may make your wishes known regarding life-prolonging treatment so your Health Care Surrogate or Doctor will know what you want them to do. You can also decide whether to donate any of your organs in the event of your death.

In Kentucky a Living Will allows you to leave instructions in four critical areas. You can:
• Designate a Health Care Surrogate
• Refuse or request life prolonging treatment
• Refuse or request artificial feeding or hydration (tube feeding)
• Express your wishes regarding organ donation

You should consult or retain an attorney, if you want to make changes to the standard Living Will form found in the statute book, or if you have any questions about this important document.

A living will is of little help and no legal effect, if no one knows that you have one. A copy of any Living Will should be put in your medical records. Each time you are admitted for an overnight stay in a hospital or nursing home, you will be asked whether you have a Living Will. You are responsible for telling your hospital or nursing home that you have a Living Will.

Please talk to your family, doctor and the person you designate as your health care proxy about your intentions.

The decision to make a Living Will should be your sole and independent personal decision and should be made only after serious thought and consideration.

KRS 311.623 — Living Will Directive
KRS 311.629 — Powers of Health Care Surrogate
KRS 311.631 — Responsible Parties Authorized to Make Health Care Decisions (if you have not designated a Health Care Surrogate)

All of these statutes can be found at: http://www.lrc.state.ky.us/statrev/frontpg.htm

Kentucky environmental lawyer Sanders says National Trust for Historical Preservation lists 11 endangered sites for 2009.

The National Trust for Historic Preservation listed 11 sites in total:

Ames Shovel Shops, Easton, Mass.
Cast-Iron Architecture of Galveston, Texas
Century Plaza Hotel, Los Angeles, Calif.
Dorchester Academy, Midway, Ga.
Human Services Center, Yankton, S.D.
Lāna‘i City, Hawai‘i
The Manhattan Project’s Enola Gay Hangar, Wendover Airfield, Utah
Memorial Bridge, Portsmouth, N.H. to Kittery, Maine
Miami Marine Stadium, Virginia Key, Fla.
Mount Taylor, near Grants, N.M.
Unity Temple, Oak Park, Ill.

More information on these endangered historical sites can be found at http://blogs.nationaltrust.org/preservationnation/?p=4140

Kentucky environmental lawyer Sanders says President Obama sends $49,878,100 to Kentucky Infrastructure Authority to build wastewater treatment plants

U.S. EPA awarded $49,878,100 to the Kentucky Infrastructure Authority. This infusion of money will help the state and local governments finance many of the overdue improvements to wastewater projects that are essential to protecting public health and the environment across the state.

The funds provided by the American Reinvestment and Recovery Act of 2009, will go to the state's Clean Water State Revolving Fund program. The Clean Water State Revolving Fund program provides low-interest loans for water quality protection projects for wastewater treatment, non-point source pollution control, and watershed and estuary management.

An unprecedented $4 billion dollars will be awarded to fund wastewater infrastructure projects across the country under the Recovery Act in the form of low interest loans, principal forgiveness and grants. At least 20 percent of the funds provided under the Recovery Act are to be used for green infrastructure, water and energy efficiency improvements and other environmentally innovative projects.

Since the Clean Water State Revolving Fund program began in 1987, EPA has awarded more than $26 billion in grants, which states have turned into $69 billion of financial assistance for water quality projects. The revolving nature of the program ensures water quality projects will be funded for generations to come.

President Obama signed the American Recovery and Reinvestment Act of 2009 on February 17, 2009, and has directed that the Recovery Act be implemented with unprecedented transparency and accountability. To that end, the American people can see how every dollar is being invested at Recovery.gov.

Information on EPA’s implementation of the American Recovery and Reinvestment Act of 2009 in EPA Region 4, visit http://www.epa.gov/region4/eparecovery

Kentucky environmental attorney Sanders says FDA issues stiff health warning to users of hydroxycut pills.

The U.S. Food and Drug Administration is warning consumers to immediately stop using Hydroxycut products by Iovate Health Sciences Inc., of Oakville, Ontario and distributed by Lovate Health Sciences USA Inc. of Blasdell, N.Y.

Some Hydroxycut products are associated with a number of serious liver injuries. Lovate has agreed to recall Hydroxycut products from the market. The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant. One death due to liver failure has been reported to the FDA.

Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure. Liver injury, although rare, was reported by patients at the doses of Hydroxycut recommended on the bottle. Symptoms of liver injury include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Lovate and MuscleTech brand names.

The list of products being recalled by Lovate currently includes:

Hydroxycut Regular Rapid Release Caplets
Hydroxycut Caffeine-Free Rapid Release Caplets
Hydroxycut Hardcore Liquid Caplets
Hydroxycut Max Liquid Caplets
Hydroxycut Regular Drink Packets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Hardcore Drink Packets (Ignition Stix)
Hydroxycut Max Drink Packets
Hydroxycut Liquid Shots
Hydroxycut Hardcore RTDs (Ready-to-Drink)
Hydroxycut Max Aqua Shed
Hydroxycut 24
Hydroxycut Carb Control
Hydroxycut Natural

Although the FDA has not received reports of serious liver-related adverse reactions for all Hydroxycut products, Lovate has agreed to recall all the products listed above.

Hydroxycut Cleanse and Hoodia products are not affected by the recall. Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. The agency has not yet determined which ingredients, dosages, or other health-related factors may be associated with risks related to these Hydroxycut products. The products contain a variety of ingredients and herbal extracts.

Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, fax or phone.

–Online: www.fda.gov/MedWatch/report.htm

–Regular Mail: Use FDA postage paid form 3500 found at: www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787

–Fax: 800-FDA-0178

–Phone: 800-FDA-1088

The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects.

Kentucky environmental attorney Sanders says get involved in Lexington's plan to reach platinum status with Amer. League of Bicyclists!

The League of American Bicyclists is judging cities on their willingness to “welcome cyclists by providing well-engineered bicycle facilities, creating new places to ride, educating motorists and cyclists on the rules of the road, and encouraging people to bike for transportation and recreation.”

The League of American Bicyclists awards a “Bicycle Friendly Community” designation to cities that record significant progress in two of five categories, described in their program as the “Five Es.”

1. Education: Does the community have systems in place to train children and adult cyclists?

2. Engineering: Are bicyclists included in the city’s transportation plan?

3. Enforcement: Do police officers understand and enforce bicyclists’ rights and responsibilities?

4. Encouragement: Does the community participate in Bike Month, offer bike rodeos, host community bike rides, or otherwise encourage cycling?

5. Evaluation: Does the community have methods in place to ensure their bicyclist programs are making a difference?

To make Lexington even more bicycle-friendly, Lexington Mayor Jim Newberry appointed a 17-person task force to implement recommendations developed by participants of the Lexington Bike Summit, which was convened in the fall of 2007. That Bike Summit considered ways to realize the LFUCG Bike/Pedestrian Master Plan that had been adopted earlier in 2007.

A public forum, hosted by the Mayor’s Bike Task Force (MBTF) and sponsored by the Knight Foundation, has been scheduled for Tuesday, May 5, at 6:30 p.m., at Central Library in downtown Lexington. The public forum will focus discussion on how Lexington can move up to the platinum level and improving cycling opportunities and bike safety in the Lexington area.

What a great idea for the public good in the city of Lexington! We wish them the very best towards achieving their goal of reaching platinum status for bicyclists. Please take time to attend this important meeting and volunteer to make Lexington a better place to live, work and go to school.

Where are the cities of Northern Kentucky on the rankings compiled by the League of American Bicyclists?? Come on Covington, let’s work to making Northern Kentucky more friendly to biking and walking!!