Attorney Sanders says Kentuckians for Better Transportation report $316.5 million motor fuel taxes for UST cleanups diverted to state general fund.

According to Kentuckians for Better Transportation, the Petroleum Storage Tank Assurance Fund, a tank remediation program and oil company indemnity fund for oil companies, is financed with a 1.4 cent per gallon levied on motor fuels. Normally, the gas tax generates about $44 million annually. Money in the fund is regularly swept into the state's General Fund to shore up the state's finances.

Members of Kentucky’s General Assembly apparently have no qualms about “sweeping fuel tax money out of the Petroleum Storage Tank Assurance Fund and into the General Fund. The motor fuel tax is intended to do two specific tasks: (1) clean environmental contamination from leaking underground storage tanks; and (2) help owners and operators of service stations meet the financial responsibility requirements in federal law.

The amount of money taken from this restricted fund is no small potatoes. In 2008, $81.5 million dollars in fuel tax dollars intended for the Petroleum Storage Tank Assurance Fund were diverted to the General Fund. In 2006, some $60.2 million dollars of fuel taxes collected for the fund were diverted. Including the current transfer, a total of $316.5 million has been diverted to the General Fund from the Petroleum Storage Tank Assurance Fund since its creation.”

The statute setting up this fund is clear and concise in its language: “It is the intent of the General Assembly that a state fund be created to assist petroleum storage tank owners or operators in complying with the federal financial responsibility requirements promulgated under federal regulations and to assist petroleum storage tank owners or operators in cleaning up contamination caused by a release.” There is nothing fancy or convoluted in the words setting up this tax on motor fuels or the intended purpose of this tax money.

Second, the 1.4 cent per gallon tax on motor fuels sold in Kentucky is supposed to be divided in the following manner: the financial assurance account shall receive four-tenths of one cent ($0.004) from the one and four- tenths cent ($0.014) paid on each gallon of gasoline and special fuels received in this state pursuant to KRS 224.60-145. The correct action account shall receive one cent ($0.01) from the one and four-tenths cent ($0.014) paid on each gallon of gasoline and special fuels received in this state pursuant to KRS 224.60-145.

The question is how is the General Assembly legally sweeping millions of dollars of these fuel tax dollars into the state’s general fund? Well, KRS 224.60-145 (5) reads:

Within thirty (30) days of the close of fiscal year 2001-2002 and each fiscal year thereafter, the state budget director shall review the balance of each account to determine if a surplus exists. "Surplus" means funds in excess of the amounts necessary to satisfy the obligations in each account for all eligible facilities, to satisfy future liabilities and expenses necessary to operate each account, and to maintain an appropriate reserve in the financial responsibility account to demonstrate financial responsibility and compensate for third-party claims. The state budget director shall report the determination to the Interim Joint Committee on Appropriations and Revenue. After a determination that a surplus exists, the surplus shall be transferred to a restricted account and retained until appropriated by the General Assembly.

Any person or entity who is, or has been, waiting months upon months on the state’s approval of payment from the Petroleum Storage Tank Assurance Fund for corrective action required at a gas station must wonder how the state budget director determined that a surplus of funds in the account. It begs the notion of what accounting standards are being employed in Frankfort.

Kentucky environmental attorney Sanders says USACE grants permit to Alaskan gold mine to dump mining wastes into lake.

Kensington gold mine in southeast Alaska has been granted a green light by the U.S. Army Corps of Engineers to dump millions of tons of finely ground waste material into a nearby lake. The project has been the subject of a national environmental fight over whether navigable lakes and rivers can be used as dump sites for toxic mine tailings.

The corps last week announced it was extending Coeur Alaska's permit until 2014 and said that the mining company could construct a tailings storage facility in Lower Slate Lake, below the gold mine.

The U.S. Supreme Court this year upheld the project, but U.S. EPA urged the Corps of Engineers to take a second look at the lake disposal plan in July 2009. The EPA and several conservation organizations have advocated that mine operators think about turning the waste material into a paste and depositing it on land on the other side of the mine.

The company declined this disposal option and will instead fill in a portion of the lake with the mine tailings that are the same size and consistency of talcum powder. According to web site for the Kensington Gold Mine, the site has been the subject of 900 environmental studies, extensive public input and agency review.

Environmental attorney Sanders predicts big changes for electric grid in future as a result of Ninth Circuit decision on transformer efficiency.

A recent Ninth Circuit U.S. Court of Appeals’ decision set up an agreement by the U.S. Department of Energy to review existing energy efficiency standards for electricity distribution transformers, the gray boxes mounted on utility poles. The agreement occurred in the case of People of California v. US Dept. of Energy. The state of California, Earthjustice, the Sierra Club and the Natural Resources Defense Council (NRDC) filed the lawsuit against DOE.

As a result of the appellate decision, DOE will also propose changes to maximize future savings three years earlier than it is otherwise required. The agreement is expected to speed up efforts to increase the efficiency and the cost-saving potential of energy transmission in the United States.

The transformers lawsuit was filed by the environmental groups in December 2007, challenging the Bush Administration’s weak energy efficiency standards. The states of California, New York, Connecticut, and New Jersey and the city of New York filed a similar lawsuit.

I predict that this case will have a major, far reaching impact on the electric grid in the U.S. Far too much electrical energy is wasted on the transmission side, and President Obama is gun ho for energy efficiency. So, look for USDOE to take advantage of this opportunity to push for more energy efficient transformers in the near future.

Kentucky environmental attorney Sanders says US DOE issues subpoena to AeroSys, Inc., for information on energy efficiency standards.

The U.S. Department of Energy issued a subpoena to AeroSys, Inc. to obtain data necessary to determine whether certain AeroSys commercial air conditioners and heat pumps comply with relevant Department of Energy (“DOE”) energy efficiency standards. The subpoena seeks detailed information about how AeroSys certified its compliance with applicable DOE standards and how it marketed its products.

Yesterday's action reflects the Obama Administration’s commitment to strengthen appliance efficiency standards that will save consumers millions of dollars and reduce greenhouse gas emissions across the country. President Obama and Secretary Chu have moved aggressively to clear the backlog of energy efficiency standards for appliances and reinforce the Department’s efforts to save energy for American consumers and businesses.

In February 2009, President Obama tasked the Department of Energy with quickening the pace of energy conservation standards for appliances, while continuing to meet legal and statutory deadlines. Since then, the Department of Energy has announced a series of efficiency standards, including an announcement in June that increased efficiency requirements for certain fluorescent and incandescent lamps, saving consumers between $1 and $4 billion per year.

There seems to be big trouble at this company and Secretary Chu is going kick some serious butt, if the company has been fibbing on its products' energy efficiency ratings. You can bet on it.

Kentucky environmental attorney Sanders says US EPA pops six entities for violations of Clean Water Act.

US EPA issued Consent Agreements and Final Orders (CA/FOs) against six entities throughout the Southeast for violations of the Clean Water Act (CWA). The defendants in Georgia, Kentucky, North Carolina and South Carolina agreed to come into compliance and pay a combined total of $207,500 in civil penalties.

Five entities were cited for alleged stormwater-related violations of the CWA. Polluted stormwater runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies.

The settlements and associated penalties include:

• Capital City Club, for violations at the Brookhaven Golf Course in Atlanta, Ga. (civil penalty of $157,500);
• Grand Communities, Limited, for violations at its Granite Spring subdivision in Cold Spring, Ky. (civil penalty of $12,000);
• Chase-Reese-Carlisle, LLC, for violations at its Steeplechase subdivision in Richwood, Ky. (civil penalty of $5,500);
• Louisburg Plaza, LLC, for violations at its Louisburg subdivision in Louisburg, N.C. (civil penalty of $5,000); and
• BBS Builders and Development Co., LLC, for violations at its Mitchiner Hills subdivision in Clayton, N.C. (civil penalty of $15,000).

A settlement was also reached with Greenwood Metropolitan District, which agreed to pay a civil penalty of $12,500, for exceeding the Whole Effluent Toxicity (WET) requirements of its National Pollutant Discharge Elimination System permit at the wastewater treatment plant in Greenwood, S.C.

WET is the total toxic effect of effluent measured directly with a toxicity test. It is a useful parameter for assessing and protecting against aggregate impacts from the discharge of pollutants.

Kentucky environmental attorney Sanders confirms that US EPA has an agreed order on consent with Wisconsin Plating of Racine for CAA violations.

U.S. EPA Region 5 has reached an agreement with Wisconsin Plating of Racine (formerly Racine Plating Co.) on alleged Clean Air Act violations at the company's facility at 620 Stannard St., Racine, Wis.

The agreement, which includes a $30,000 penalty, resolves EPA allegations that Wisconsin Plating violated EPA regulations regarding control of hazardous air pollutant emissions from solvent cleaning machines. The company uses the hazardous air pollutant trichloroethylene in its vapor degreaser. EPA learned of the alleged violations from the company's semi-annual report required by the national emissions standard for hazardous air pollutants.

Breathing or drinking high levels of trichloroethylene may cause nervous system effects and liver and lung damage. It is used mainly as a solvent for cleaning metal and plastic parts.

Kentucky environmental attorney Sanders says Michigan flooded with $1 billion in grants for new battery technology projects.

President Obama announced that $1 billion in grants were awarded to companies and universities based in Michigan. Reflecting the state’s leadership in clean energy manufacturing, Michigan companies and institutions are receiving the largest share of grant funding of any state.

Two companies, A123 and Johnson Controls, will receive a total of approximately $550 million to establish a manufacturing base in the state for advanced batteries, and two others, Compact Power and Dow Kokam, will receive a total of over $300 million for manufacturing battery cells and materials.

Large automakers based in Michigan, including GM, Chrysler, and Ford, will receive a total of more than $400 million to manufacture thousands of advanced hybrid and electric vehicles as well as batteries and electric drive components.

Three educational institutions in Michigan, the University of Michigan, Wayne State University in Detroit, and Michigan Technological University in Houghton in the Upper Peninsula, will receive a total of more than $10 million for education and workforce training programs to train researchers, technicians and service providers, and to conduct consumer research to accelerate the transition towards advanced vehicles and batteries.

Kentucky attorney Sanders asks what happens to clunker cars traded in under the CARS program?

The CARS Act requires that the trade-in vehicle be crushed or shredded so that it will not be resold for use in the United States or elsewhere, as an automobile. The entity crushing or shredding the vehicles in this manner will be allowed to sell some parts of the vehicle prior to crushing or shredding it, but these parts cannot include the engine or the drive train.

Indeed, car dealers must destroy the engines of every vehicle they take in through the Car Allowance Rebate System (CARS) Program, formerly known as “Cash for Clunkers.” The Engine Disablement Procedures for the CARS Program call for dealers to drain all engine oil from the trade-in vehicle, re-install the oil drain plug, add two quarts of the sodium silicate solution, replace the oil fill cap and run the engine at 2000 rpm until the engine stops.

The agency has tested this method at its Vehicle Research and Test Center and found it safe, quick, and effective, according to the NHTSA Final Rule for CARS.

Kentucky environmental attorney Sanders says U.S. EPA proposes to lowed NO2 emissions via tighter air quality standards.

U.S. EPA has proposed to revise the nation's nitrogen dioxide (NO2) air quality standard. The proposed changes to the NO2 standard reflect the latest science on the health effects of exposure to NO2, which is formed by emissions from cars, trucks, buses, power plants, and industrial facilities and can lead to respiratory disease.

EPA's proposed revisions apply to the primary NO2 standard and would:

• establish, for the first time, a one-hour NO2 standard at a level between 80 - 100 parts per billion (ppb),

• retain the current annual average NO2 standard of 53 ppb,

• add NO2 monitoring within 50 meters of major roads in cities with at least 350,000 residents, and
• continue monitoring of "area-wide" NO2 concentrations in cities with at least 1 million residents.

According to EPA, the proposed new standards and additional monitoring requirements would protect public health by reducing people's exposure to high, short-term concentrations of NO2, which generally occur near roadways. The proposal would also ensure that area-wide NO2 concentrations remain below levels that can cause public health problems.

Current scientific evidence links short-term NO2 exposures, ranging from 30 minutes to 24 hours, with increased respiratory effects, especially in people with asthma. These effects can lead to increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk populations such as children, the elderly, and asthmatics.

EPA first set standards for NO2 in 1971, establishing both a primary standard to protect health and a secondary standard to protect the public welfare at 53 ppb, averaged annually. Annual average NO2 concentrations have decreased by more than 40 percent since 1980. All areas in the United States are well below the current (1971) NO2 standards with annual averages ranging from approximately 10 - 20 ppb.

EPA will accept public comments for 60 days after the proposal is published in the Federal Register. The agency will hold two public hearings in August 2009: one in Los Angeles and one in the Washington, D.C. area. EPA will provide details on the public hearings in a separate notice issued later this summer. EPA must issue a final decision on the NO2 standard by Jan. 22, 2010.

Details about the proposal: http://www.epa.gov/air/nitrogenoxides.

The proposed standard will impact Kentucky's coal-fired electric generating plants, and may require installation of new air pollution control equipment.

Kentucky environmental attorney Sanders congratulates Jim Hecker and Joe Lovett on 2009 William O Douglas Award from Sierra Club.

Jim Hecker, Public Justice's long-time Environmental Enforcement Project Director, has been named a recipient of the Sierra Club's 2009 William O. Douglas Award, which recognizes outstanding use of the legal process to achieve environmental goals, particularly those with national significance.

Jim will share the honor with Joe Lovett, executive director and a founder of the Appalachian Center for the Economy and the Environment, for their determined and ongoing efforts to hold the coal mining industry in check for practices that wreak environmental havoc on land, water and air and endanger the health of people, animals and plant life in neighboring communities.

Under Jim's leadership, the Environmental Enforcement Project at Public Justice has taken the lead in challenging the coal industry's destructive mountaintop removal mining practices in Appalachia since 1998. At Public Justice, he has litigated over 30 citizen suits in 14 states under federal environmental statutes regulating clean air, clean water, hazardous waste, and coal mining. He and Joe have been co-counsel in a dozen such cases in West Virginia, Virginia and Kentucky.

Jim and Joe will receive their award at the Sierra Club's annual Volunteer, Honors and Awards Dinner in San Francisco on September 26.

Please join me in congratulating Jim for his extraordinary, tireless, and winning efforts on behalf of the residents and the environment of Appalachia.

Kentucky environmental attorney Sanders asks, "What is bottom ash from a coal-fired electric generating plant?"

Bottom ash is a coarse, granular, incombustible byproduct that is collected from the bottom of furnaces that burn coal for the generation of steam, the production of electric power, or both. Bottom ash is coarser than fly ash, with grain sizes spanning from fine sand to fine gravel. The type of byproduct produced depends on the type of furnace used to burn the coal.

Kentucky environmental attorney Sanders asks, "What is fly ash from a coal-fired electric generating plant?"

Fly ash is the finest of coal ash particles. It is called "fly" ash because it is transported from the combustion chamber by exhaust gases. Fly ash is the fine powder formed from the mineral matter in coal, consisting of the noncombustible matter in coal plus a small amount of carbon that remains from incomplete combustion. Fly ash is generally light tan in color and consists mostly of silt-sized and clay-sized glassy spheres. This gives fly ash a consistency somewhat like talcum powder.

Environmental attorney Sanders says Kentucky River Authority discusses state of coal ash ponds and coal slurry ponds in 2009 meeting minutes.

Did you ever wonder what is discussed in internal meetings about the safety and inspections of coal ash ponds and coal slurry ponds in Kentucky? Well, one such meeting was held by the Kentucky River Authority to discuss potential impacts on the Kentucky River basin from such ponds in February 2009. It is an interesting read.

If you are, take a look at the following link: http://finance.ky.gov/NR/rdonlyres/A25940D4-DF13-46CF-90C9-54C2C759567F/0/MTG143.pdf.

The discussion of ponds, inspections and safety factors begins at page 72 of the PDF copy of meeting minutes.

Kentucky environmental attorney Sanders says U.S. may have much greater wind energy generation capacity than currently estimated.

This story in the New York Times says a Harvard University study shows that the U.S. could end up being the big leader in wind power. The link for the article is at: http://greeninc.blogs.nytimes.com/2009/07/16/study-suggests-wind-power-potential-is-much-higher-than-current-estimates/

Among the findings in the NY Times article:

Using data from thousands of meteorological stations, the Harvard team estimated the world wind power potential to be 40 times greater than total current power consumption. A previous study cited in the paper put that multiple at about 7 times.

In the lower 48 states, the potential from wind power is 16 times more than total electricity demand in the United States, the researchers suggested – significantly greater than a 2008 Department of Energy study that projected wind could supply a fifth of all electricity in the country by 2030.

While remote regions of Russia and Canada have the greatest theoretical potential, the Harvard study pointed out that there are real gains to be made in high-emission nations, especially China, which has been rapidly constructing coal plants. “Large-scale development of wind power in China could allow for an 18-fold increase in electricity supply relative to consumption reported for 2005,” the Harvard study said.

The authors based their calculations on the deployment of 2.5- to 3-megawatt wind turbines situated either in accessible rural areas that are neither frozen nor forested, or relatively shallow offshore locations. They also used a conservative 20 percent estimate for capacity factor, a measure of how much energy a given turbine actually produces.

Study authors point out that other wind energy forecasts were based on 50- to 80-meter turbines. They say that turbines could be as large as 100 meters and based their estimates on the larger possible generators.

Attorney Sanders says NKU wins $1 million grant to improve information environment in rural Kentucky!

Northern Kentucky University has received a Laura Bush 21st Century Librarian Program grant that will expand online paraprofessional library programs and provide scholarships and technology stipends to 50 library staff members working in the commonwealth's high-poverty rural areas.

NKU, which received $999,558, is one of 33 universities nationwide that received the grant, while 111 schools submitted proposals that totaled $63 million. The grant will enhance existing associate and bachelor's degree programs and provide scholarships which will increase the level of education and leadership among library staff in 50 targeted counties in eastern and far western Kentucky.

The programs will include Kentucky's compulsory online certification program, the online associate's degree at Bluegrass Community and Technical College and a new bachelor's completer program in library informatics at NKU. The programs are designed to provide a progression from basic certification through an undergraduate degree, both improving skills and knowledge on the job and readying students for pursuit of a master's degree in library science.

In western and eastern parts of Kentucky, counties are in the utmost need of professionally trained library practitioners. Almost one third of the directors of county librarians throughout Kentucky lack an undergraduate degree. Library directors in these regions are extremely dedicated and would benefit from the critical skills and knowledge provided by the program, positively impacting the level of service they can provide to their communities.

Most librarians in these areas do not hold degrees because of financial barriers and location barriers. The Laura Bush 21st Century Librarian Program grant received by NKU seeks to address both of these hurdles by providing completely online programs, renewable scholarships and technology stipends that include laptop computers and Internet access.

Kentucky environmental attorney Sanders says Duke Energy, LG&E and KU have high hazard coal ash ponds in state.

In response to an EPA information request on units handling wet or slurried coal combustion residues (“CCRs”), electric utilities have so far identified a total of 427 units managing slurried CCRs to EPA. The units are usually called coal ash ponds, bottom ash ponds, or waste ponds.

Forty-four (44) of these units at 26 different locations have been assigned a high hazard potential rating, using the criteria developed by the National Dam Safety Program for the National Inventory of Dams. Hazard potential ratings are generally assigned by the State Dam Safety officials. The 44 sites were spread across 10 states as follows:

North Carolina, 12 (Belmont, Walnut Cove, Spencer, Eden, Mount Holy, Terrell and Arden).
Arizona, 9 (Cochise, Joseph City).
Kentucky, 7 (Louisa, Harrodsburg, Ghent and Louisville).
Ohio, 6 (Waterford, Brilliant and Cheshire).
West Virginia, 4 (Willow Island, St. Albans, Moundsville, New Haven).
Illinois, 2 (Havana, Alton).
Indiana, 1 (Lawrenceburg).
Pennsylvania, 1 (Shippingport).
Georgia, 1 (Milledgeville).
Montana, 1 (Colstrip).

The infamous TVA coal ash dam in Kingston, TN is not included on the list. The "high hazard" label was self-assigned. TVA apparently did not consider its coal ash dam at Kingston quite hazardous enough to make the grade. It makes you wonder on the validity of this information.

CCRs consist of fly ash, bottom ash, coal slag, and flue gas desulfurization (FGD) residue. CCRs contain a broad range of metals, for example, arsenic, selenium, cadmium, lead, and mercury, but the concentrations of these are generally low. On the other hand, the overall volume of these wastes is absolutely enormous. If not properly managed, (for example, in lined units), CCRs may cause a risk to human health and the environment and, in fact, EPA has documented cases of environmental damage.

Environmental attorney Sanders says Commonwealth welcomes another giant industrial faming operation to western Kentucky.

Perfect Ocean Corporation is purchasing 100-acre tract in Christian County, Kentucky to raise fish on an industrial scale. Plans call for housing more than 1,000 large fish tanks plus an International Visitors Center. Perfect Ocean specializes in building and managing state-of-the-art above ground, indoor re-circulating aquaculture facilities.

The company uses vertically integrated solutions are capable of growing industrial-scale quantities of more than 20 of the world’s most popular fish species. When completed next year, this campus will constitute the largest indoor fish-cultivation facility in the world.

Its 55 million-pound output will be premium-priced Enviropure™ species -- all of which will be sold prior to harvesting to major users like hotels and restaurant chains, fast-food chains, cruise lines, grocery chains, re-packagers and other institutional buyers.

Perfect Oceans obtained a $5 million Kentucky Rural Economic Development Authority (KREDA) grant from Kentucky. The grant provides for a 15-year abatement of state income taxes as well as rebates to us amounting to 66% of the employee wage taxes.

Perfect Oceans is also preparing to file a Memorandum of Agreement and Inducement Letter with Christian County authorities to obtain $70 million in industrial development revenue bond financing. The plant expects to have 1,000 new jobs when fully staffed.

Environmental attorney Sanders says, "Kentucky recycle that old analog television rather than throwing it in the dump."

After June 12, 2009 all full power television stations will only broadcast in digital, over-the-air signals. EPA encourages all U.S. citizens who own an analog TV set and who receive free broadcasts (via rabbit ears or a roof-top antenna) to extend the life of their TV by subscribing to a paid TV service or connecting it to a converter box. Energy Star-qualified digital converter boxes are available for purchase.

For consumers who choose to buy a new TV, EPA recommends purchasing Energy Star-qualified sets. EPA also encourages consumers to recycle their unwanted TVs, which recovers valuable materials from the circuit boards, metal wiring, leaded glass, and plastics.

Last year Americans disposed of more than 20 million TVs rather than recycle them, which represent millions of lost opportunities to conserve natural resources such as copper and iron. Consumers who are interested in recycling their old TVs can contact their local household hazardous waste collection and recycling program to find out whether they will be sponsoring an upcoming recycling event.

EPA is working through its Plug-In To eCycling program to promote the environmental benefits of recycling and provide the public with information on safely reusing and recycling obsolete electronics products, including televisions, computers, and cell phones. Plug-In To eCycling is a partnership between EPA and electronic manufacturers and retailers to offer consumers more opportunities to donate or recycle their used electronics.

More information on the digital TV transition: http://www.epa.gov/epawaste/conserve/materials/ecycling/tv-convert.htm
Important iore information on where to recycle a TV: http://www.epa.gov/waste/conserve/materials/ecycling/tv-challenge.htm

Kentucky environmental attorney Sanders says World Naked Bike Ride is novel way to protest gloabl warming and carbon emissions from mobile sources.

In May and June each year, you can take part in the World Naked Bike Ride in approximately 70 cities throughout the world. Upcoming rides in the United Kingdom, include rides through Belfast, Cardiff/Caerdydd, Brighton, Cardiff, Edinburgh, Manchester, Sheffield, Southampton, York and London. Check the below link for a city near you.

Over 1000 naked, body-painted and scantily-clad cyclists turn out for the annual World Naked Bike Ride in London, protesting against climate change and the tyranny of the automobile. Motorists stuck in traffic jams may get more than they bargained for during rush hour.

Nudity is optional – riders are encouraged to go “as bare as you dare” – while the route offers an enjoyable “naked sightseeing experience”, passing a number of city-centre landmarks. You can sign up for the ride at: http://www.worldnakedbikeride.org/

Naked Bike Riding Tips
Smile and have lots fun with it.
Prepare for riding rain or shine!
If sunny, put on sunscreen!
You do not have to be naked to join the ride.
Wear shoes!
Keep your cloths with you — you never know when you may need them (like… after the ride.)
Decorate your bike! Come with signs and funky hats! Cover your bike seat with fun fur.
Ride safely and stay together as a group.
Tell your friends! Spread the word!

P.S. I don’t expect to see a naked bike ride protesting climate change or motor vehicle congestion being held in Cincinnati, Louisville, or Covington this century, or next! Somehow, this event sounds better than it probably looks.

Kentucky environmental attorney Sanders supports the American Clean Energy and Security Act and asks for your support with your Congressman.

developed nations must reduce global warming pollution and inspire developing countries to do their fair share as well. We as Americans must become involved in saving the planet from catastrophic climate change.

In May, the House Energy and Commerce Committee took the first big step toward achieving this goal by approving the American Clean Energy and Security Act. The committee’s vote helps build momentum for setting the nation’s first limits on global warming pollution, sending Americans back to work building a clean energy economy and reducing our dependence on foreign oil.

As currently written, the American Clean Energy and Security Act would reduce global warming pollution 17 percent below 2005 levels by 2020 and 83 percent below 2005 levels by 2050. It also sets a goal of producing 20 percent of America’s energy from renewable energy, a portion of which could be met with energy efficiency measures.

Finally, the bill would fund clean energy technologies and green jobs training programs to empower local communities to build these technologies. These measures would establish the United States as a worldwide leader in clean energy technologies and in efforts to prevent the worst effects of global warming from occurring.

The House of Representatives is expected to vote on the American Clean Energy and Security Act by the end of June; until then, the challenge is to ensure that the bill is not weakened or derailed completely.

What to do ==

Send a message right away urging your representative to support and vote Yes for the American Clean Energy and Security Act (H.R. 2454). It is the responsible ethical action to take to protect the wonderful gift from God that is our planet. It is truly the right action to take to protect our planet for our children and children’s children.

== Contact information ==

You can send a message to your representative directly from NRDC’s Action Center at http://www.nrdconline.org/ct/L75VFUn1FqVv/

If you prefer to call your representative, the Capitol switchboard number is 202-224-3121.

We must secure energy independence for America, and this Bill is a good first step. Help end our dependence on foreign oil and make our country free of shipping trillions of dollars overseas in return for energy that we can make here on American soil.

Kentucky environmental attorney Sanders says Knott County receives $1.1 million for Irishman Creek drinking water project

The Department for Natural Resources’ Division of Abandoned Mine Lands (AML) announced the commencement of construction for the Irishman Creek Phase IV Water Supply Project for Knott County, Kentucky.

Music Construction, Inc. has been awarded the approximate $1.1 million project contract, with RM Johnson Engineering providing engineering inspection services. On-site construction began the end of May.

A groundwater contamination study performed by the Knott County Fiscal Court, and funded by AML, found that much of the groundwater in the Irishman Creek watershed has been impacted by pre-1982 mining, making it eligible for assistance for water supply replacement from the AML program.

This will be the final phase of construction for the extension of public waterlines to serve the remaining 241 affected residences of the watersheds of Big Branch of Troublesome Creek, Irishman Creek and Trace Fork of Irishman Creek.

The project area will include Flax Patch Branch, Mill Branch, Alum Cave Branch, Madden Fork, Mill Creek, Lick Branch, Short Branch and Swift Shoal Branch and will be conducted entirely in Knott County. The project will involve the installation of approximately 13.7 miles of water main, one booster pump station and meters at approximately 208 residences.

Since the project’s inception, AML has installed approximately 37.5 total miles of water main and four booster pump stations within the project area. Moreover, AML has provided approximately 672 residences with access to a much needed public water supply.

AML is authorized under KRS 350 to abate hazards to public health, safety and the environment from abandoned coal mines. AML has a water supply replacement program that extends waterlines into areas where well water has been contaminated by past coal mining.

To date, AML has expended over $71 million dollars for waterline improvements and has provided over 11,316 households with potable water supplies in 24 counties in eastern, southern, and western Kentucky. AML funds a portion of the cost of these water replacement projects based on the mining impacts found in groundwater quality studies.

Kentucky environmental lawyer Sanders says U.S. EPA reaches settlement in Breslube-Penn Superfund site in Pennsylvania.

Thirty-six companies allegedly responsible for hazardous contamination of soil and groundwater at the Breslube-Penn Superfund Site in Coraopolis, Pa., have agreed to cleanup up the site, the U.S. Environmental Protection Agency and the U.S. Department of Justice announced today.

According to the settlement filed in U.S. District Court in the Western District of Pennsylvania, the companies have agreed to fund and/or complete a $12 million cleanup at the seven-acre site. The settling companies have also agreed to reimburse EPA $3 million in past costs at the site, and to pay for EPA’s future costs, which include oversight of the cleanup.

The Commonwealth of Pennsylvania, which has also signed the consent decree, will be reimbursed $41,000 for its past enforcement costs and will also recover future response costs. The United States has collected more than $4.2 million in prior settlements with other parties, bringing the total value of the judicial settlements involving this site to more than $19 million.

According to EPA and the Commonwealth, industrial activities at the site contaminated soil and groundwater with volatile organic compounds, semi-volatile organic compounds, PCBs, metals, and cyanide.

The settling companies include nine (AK Steel, Alcoa, Inc., CBS Corporation, Elliot Company, Exxon Mobil Corp., Ford Motor Company, General Motors Corporation, Hussey Copper Ltd., and United States Steel) that have agreed to conduct the EPA-approved cleanup.

Under the settlement, these nine companies will remove oil and other pollutants and then install a cap and slurry wall containment system to prevent the release of any additional contaminants. These companies will also remediate the groundwater outside the containment area. The remaining defendants have agreed to help fund the cleanup.

The consent decree is subject to a 30-day public notice and comment period, and final court approval. A copy of the consent decree is available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html.

Additional information about the Breslube-Penn Superfund Site is available at http://www.epa.gov/reg3hwmd/super/sites/PAD089667695/index.htm .

Kentucky environmental lawyer Sanders says U.S. Supreme Court rules that Massey Energy can't buy the appearance of a justice in West Virginia.

In a highly anticipated case involving the intersection of justice, politics and money, the U.S. Supreme Court ruled for the first time that the Constitution can require an elected state-court judge to step aside in a particular case based on campaign spending in state judicial races.

In a 5-to-4 decision released on June 8th, the high court found that the circumstances surrounding Justice Brent D. Benjamin of the West Virginia Supreme Court and a lawsuit involving the Massey Energy Company, his major campaign contributor, were so “extreme” that there was no question that Justice Benjamin should have disqualified himself.

Because 39 states have legal systems in which judges are elected, the outcome of the West Virginia case has been eagerly awaited. Kentucky's judges are elected, so this case is relevant to judges in the Bluegrass state.

Justice Benjamin, who is the chief justice on the West Virginia high court, twice joined 3-to-2 majorities to throw out a $50 million verdict against Massey Energy, one of the country’s biggest coal companies. The cases involved a contractual dispute with another coal company, Harman Mining, and its president, Hugh Caperton. Massey’s chief executive, Don L. Blankenship, spent $3 million in the 2004 campaign to elect Justice Benjamin.

Once elected to West Virginia’s Supreme Court, Justice Benjamin refused to recuse himself from the appeal of the Massey case. So much for traditional notions of fair and blind justice in a court of law.

All of this sounds like the novel I just read from the local library, "The Appeal" by John Grisham. In the book, Mr. Grisham makes the important point about how the justice system in more than half of the 50 states is increasingly threatened by this kind of big-money, hard-core gutter politics.

Kentucky environmental attorney Sanders says websites have paint calculators to estimate amount of paint needed for job.

An EPA study issued in April 2007 estimates that about 10 percent of the U.S. house paint purchased each year - about 65 to 69 million gallons - is ultimately discarded. To help you buy just enough, Earth 911 -- http://www.earth911.org – has tips on its Paint Wise page and there are several paint calculators online.

Kentucky environmental attorney Sanders says lead paint poses dangers to children and pregnant women in Kentucky.

Lead-based paint is a major source of lead poisoning for children and can also affect adults. In children, lead poisoning can cause irreversible brain damage and can impair mental functioning. It can retard mental and physical development and reduce attention span.

It can also retard fetal development even at extremely low levels of lead. In adults, it can cause irritability, poor muscle coordination, and nerve damage to the sense organs and nerves controlling the body.

Lead poisoning may also cause problems with reproduction (such as a decreased sperm count). It may also increase blood pressure. Thus, young children, fetuses, infants, and adults with high blood pressure are the most vulnerable to the effects of lead.

Lead was used as a pigment and drying agent in "alkyd" oil based paint. "Latex" water based paints generally have not contained lead. About two-thirds of the homes built before 1940 and one-half of the homes built from 1940 to 1960 contain heavily-leaded paint. Some homes built after 1960 also contain heavily-leaded paint. It may be on any interior or exterior surface, particularly on woodwork, doors, and windows.

In 1978, the U.S. Consumer Product Safety Commission lowered the legal maximum lead content in most kinds of paint to 0.06% (a trace amount). Consider having the paint in homes constructed before the 1980s tested for lead before renovating or if the paint or underlying surface is deteriorating. This is particularly important if infants, children, or pregnant women are present.

For more information, go to the Kentucky Cabinet for Health and Family Services’ lead abatement site http://chfs.ky.gov/dph/ach/abate.htm , the U.S. Environmental Protection Agency (EPA) site http://www.epa.gov/lead/pubs/leadinfo.htm#remodeling or contact your local health department.

Lead may cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Again, children six years old and under are most at risk.

Kentucky environmental attorney Sanders says Bobby Flay bringing his mastery of the flame to the Bluegrass in October 2009!

Like many Americans, I love a well-cooked meals and often enjoy watching a master chef at work. One of my very favorites to watch is Bobby Flay, who seems to wage war on bland food preparation and always seems to want to take his food up a notch or two from the ordinary. So, I am please to announce that Bobby Flay is coming to the Bluegrass State in October 2009.

The Incredible Food Show is coming to the Lexington Center and Rupp Arena October 3 – 4, 2009. The Incredible Food Show is two-day food lover’s dream is packed with more than 120 exhibitors including Kentucky Proud producers and growers, specialty food companies, cooking-related equipment and wineries.

In addition, cooking demonstrations and seminars by regional and local chefs will be presented by Sullivan University’s culinary school. The Incredible Food Show is highlighted by two presentations featuring Chef Bobby Flay, author and show host of Food Network’s “Throwdown” and “Boy Meets Grill” and one of the featured chefs on The Food Network’s “Iron Chef.” Catch one or both presentations in Rupp Arena at 11 a.m. and 3 p.m. on Saturday.

Tickets are required for Bobby Flay presentations. The Bobby Flay Celebrity Kitchen Theatre tickets, which also include admission to the food show exhibit halls, range from $35 – $75. The $75 ticket includes an autographed copy of Bobby Flay’s “Mesa Grill.”

Tickets go on sale Friday, July 10 at the Lexington Center Ticket Office, Ticketmaster.com and all Ticketmaster Outlets. General admission tickets to the event are priced as follows:

Adult One Day Pass – $12
Children ages 4-12 One Day Pass – $5
Children 4 and under – Free

General admission includes cooking demonstrations, food and entertainment-related presentations and product sampling on the exhibit floor.

Maybe next year Alton Brown will come to Kentucky.

Kentucky environmental attorney Sanders says General Motors files for protection from creditors under Chapter 11 of Banktuptcy code.

An affiliate of General Motors filed for bankruptcy on Monday morning paving the way for GM to submit its Chapter 11 Bankruptcy petition to a federal clerk in Lower Manhattan. Chevrolet-Saturn of Harlem Inc., sought bankruptcy protection today, the first of many filings in the bankruptcy process.

While GM hasn’t yet filed, the affiliate called the parent company a “debtor in possession under Chapter 11,” in court documents, a reference to the main U.S. bankruptcy law.

On May 31, 2009, the Company announced that the U.S. Department of the Treasury had informed it that the support of more than 54% of the bondholders allows the Company to proceed with its previously announced 363 Sale Proposal under U.S. Bankruptcy Court protection.

GM’s bankruptcy filing is the fourth-largest in U.S. history and the largest for an industrial company. The company has $172.81 billion in debt and $82.29 billion in assets.

GM’s common stock dropped 33 percent and closed at 75 cents per share on May 29, 2009. That price per share is the lowest level in 76 years, and less than the $1 minimum price normally needed for a New York Stock Exchange listing. The stock was valued above $40 less than two years ago.

GM’s stock may, however, soon be worthless. As currently discussed, GM’s plan is for the federal government to take a 60 percent ownership stake in the new GM. The Canadian government would take 12.5 percent, with the United Auto Workers getting a 17.5 percent share and unsecured bondholders receiving 10 percent. Existing GM shareholders are expected to be wiped out.

Under its plan, GM will sell substantially all of its global assets to the New GM. GM will use its cash-on-hand and a new debtor-in-possession financing of approximately $33 billion to ensure an uninterrupted supply of goods and services and provide for other cash requirements prior to closing of the asset sale; fund liabilities to secured lenders and provide contingency funding to handle any potential unexpected needs.

None of GM’s operations outside of the U.S. are included in the U.S. Court filings or Court-supervised process, and these filings have no direct legal impact on GM’s plans and operations outside the U.S.

How the might have fallen! Let’s take a minute and say a prayer tonight for the GM employees, parts suppliers, and dealerships, who will suffer financial and emotional harm from this bankruptcy. God help America!

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.