Environmental attorney Sanders says EPA published notice of denial of 2003 objections to permit for Peabody coal-fired plant in Muhlenberg County.

The following notice was published in the Federal Register on January 29, 2009. It appears to be just a house keeping measure at Region 4, but that may not be the case because of the Kentucky Court of Appeals decision allowing the air permit to be issued for Peabody's coal-fired electric generating plant.

In December 2008, Peabody announced that it was withdrawing its plan to build two 750MW pulverized coal-burning plants at their Thoroughbred Campus. Instead, Peabody wanted to build a coal to gas plant on the same property. Thus, this all seems to be a moot point for all involved except the federal agency folks in Atlanta.

In any event, pursuant to Clean Air Act section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated January 8, 2009, denying a petition to object to a state operating permit issued by the Kentucky Division for Air Quality (KDAQ) to Thoroughbred Generating Company, LLC--Thoroughbred Generating Station (TGS) located near Central City, Muhlenberg County, Kentucky.

EPA’s Order constitutes final action on the petition submitted by the Natural Resources Defense Council, Sierra Club, Valley Watch, the National Parks Conservation Association, the Ohio Valley Environmental Coalition, and Elizabeth and Hannah Crowe (Petitioners) on January 24, 2003.

Copies of the final Order, the petition, and all pertinent information relating thereto are on file at the following location: EPA Region 4, Air, Pesticides and Toxics Management Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The final Order is also available electronically at the following address: www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/thoroughbred_decision2003.pdf.

Pursuant to section 505(b)(2) of the Clean Air Act (the Act), any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307(b) of the Act.



Petitioners submitted a petition on January 24, 2003, requesting that EPA object to a state title V operating permit issued by KDAQ to TGS. However, on December 15, 2008, Thoroughbred Generating Company relinquished the permit at issue in the petition. Therefore, on January 8, 2009, the Administrator issued an Order denying the petition as moot since no permit about which EPA could object existed. The Order further explains EPA's rationale for denying the petition.



FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, EPA Region 4, at (404) 562-9115 or hofmeister.art@epa.gov.

Environmental attorney Sanders says US EPA to review whether CO2 emissions should be regulated under the Clean Air Act contrary to Bush-era memo.

On February 17, 2009, the U.S. EPA granted a petition for reconsideration of a Bush Administration memo regarding the scope of the Clean Air Act. The interpretive memorandum, which was published by former EPA Administrator Stephen Johnson on December 18, 2008, addresses when the Prevention of Significant Deterioration (“PSD”) program applies to carbon dioxide, a chief greenhouse gas. The Bush Administration flatly refused to regulate greenhouse gases under the PSD program.

Concerns were soon raised about the memo’s potential impact on American communities and neighborhoods. The Sierra Club and other parties in early January 2009 petitioned EPA to reconsider the Johnson memorandum.

Under the Obama Administration, EPA will vigorously review the Johnson memo to ensure that it is consistent with EPA’s new climate change strategy and interpretation of the Clean Air Act.

While conducting this review, EPA will abide by the three core principles outlined by Administrator Jackson: overwhelming transparency, adherence to the rule of law, and science-based policies and regulations. To facilitate a transparent, impartial and fair review, EPA will seek comment from the general public on this memo and its potential impact on American communities.

This public comment period is consistent with the recommendations of the Environmental Appeals Board and allows for a measured, inclusive approach to reviewing this memo. The EAB last year held that EPA had not adequately articulated why its interpretation of the PSD program did not apply to carbon dioxide.

Lisa Jackson’s response letter to the Sierra Club: http://www.epa.gov/air/nsr/guidance.html. Look for new regulations controlling carbon dioxide emissions in 12 to 18 months.

Hello Kentucky, we have an issue to address on our coal fired electric generating plants!

Environmental attorney Sanders says House Committee's documents related to investigation into PCA's role in salmonella poisonings is available on web.

Peanut Corporation of America’s president Stewart Parnell was recently subpoenaed to appear at the U.S. House Energy and Commerce subcommittee hearing. Mr. Parnell refused to testify and invoked his 5th Amendment right to refuse to incriminate himself, as did the manager of the PCA plant in Blakely, Georgia. The Georgia plant is a target in the current investigation of PCA’s role in the salmonella outbreak linked to peanut products.

The salmonella outbreak that has sickened some 600 people, may be linked to nine deaths and resulted in one of the largest product recalls of more than 1,900 items. Of interest to our readers, the congressional committee was shown internal emails at the hearing that were obtained from the company.

The emails and other related documents are available on the House Committee’s website. The documents are interesting to read and really give you an insight on PCA’s corporate indifference to the salmonella outbreak. Peanut Corporation of America’s president Stewart Parnell was recently subpoenaed to appear at the U.S. House Energy and Commerce subcommittee hearing. Mr. Parnell refused to testify and invoked his 5th Amendment right to refuse to incriminate himself, as did the manager of the PCA plant in Blakely, Georgia. The Georgia plant is a target in the current investigation of PCA’s role in the salmonella outbreak linked to peanut products.

The salmonella outbreak that has sickened some 600 people, may be linked to nine deaths and resulted in one of the largest product recalls of more than 1,900 items. Of interest to our readers, the congressional committee was shown internal emails at the hearing that were obtained from the company.

The emails and other related documents are available on the House Committee’s website. The documents are interesting to read and really give you an insight on PCA’s corporate indifference to the salmonella outbreak. The link is http://energycommerce.house.gov/index.php?option=com_content&task=view&id=1492&Itemid=1

Environmental attorney Sanders says President Obama offers strong medicine to American people to solve national financial crisis.

Last night before a joint session of Congress, President Obama spoke to the nation about confronting the serious economic challenges our nation faces. President Obama called for a new era of responsibility and cooperation. It is patriotic to watch the highlights of President Obama’s first speech before a joint session of Congress. The link is at: http://my.barackobama.com/presidentialaddress. God bless America and may God watch out for our great nation.

We are all Americans caught in a financial emergency that is hurting all Americans. It is time, actually well past time, for all true American Patriots to band together and work to solve this economic crisis in a unified manner that is good for all Americans.

The American public deserves the best effort of all Americans at this time of need. "United we stand, divided we fall" is an old trusim that best applies to this time in history. Let's us all come together and support the efforts of the president.

Environmental lawyer Sanders says EPA standards for PM promulated under Bush Administration are tossed by D.C. Circuit Appeals Court.

A three member panel of the United States Court of Appeals for the District of Columbia Circuit ordered U.S. EPA to reconsider its regulatory standards for particulate matter or PM. PM is regulated under the Clean Air Act because it is potentially hazardous to humans, especially fine diameter particulates that are linked to premature death from lung cancer and heart disease and to other health problems including asthma. Two of three member appellate panel were republican appointees, so this decision is noteworthy. The opinion is at: http://pacer.cadc.uscourts.gov/common/opinions/200902/06-1410-1166572.pdf

The judicial panel court found that EPA “did not adequately explain” why EPA’s PM standards were adequate to protect human health and the environment. Researchers have drawn direct and immediate links between ambient levels of fine particulates and hospital admissions and deaths. By some estimates, tens of thousands of Americans die each year from exposure to airborne particulates.

In response to the ruling, EPA said only that the standards for particulate matter are “extremely important” and that the Obama administration would review the matter “to ensure that the science and the law will be properly followed.” That comment is viewed by many as a direct slap at the Bush Administration’s handling of environmental issues and at EPA’s former Administrator Stephen Johnson, who is often faulted for making agency determinations in direct conflict with the overwhelming weight of scientific evidence, law and facts.

It was the second time in two days that federal appellate courts were in the news for overturning EPA decisions made by the Bush administration. On Monday, the U.S. Supreme Court refused to consider a challenge to the lower court’s ruling against Bush-era standards on emissions of mercury and other pollutants from coal-fired power plants.

Environmental attorney Sanders OPPOSES Kentucky House Bill 119 because it is risky business for men and women working in a coal mine.

Kentucky Environmental Lawyer Sanders opposes Kentucky House Bill 119. HB 119 would reduce the number of Emergency Medical Technicians (EMTs, also known as mine emergency technicians or METs) required at mines with less than 18 miners on a shift. Currently, state law requires that two EMTs be available when miners are working. House Bill 119 can be found at:

http://www.lrc.ky.gov/record/09RS/HB119.htm.

Let’s be realistic: there are no “mom and pop” coal mines operating in Kentucky. Such tag lines are popular for the news media, but such catchy word phrases belie the truth about coal mining in eastern Kentucky. Mining coal is a huge business in Kentucky that requires large sums of money to conduct. It is also very dangerous for the men and women working in a coal mine. Let's not play with their safety for a savings of a few bucks.

Simpy put, if you can afford to own and operate a coal mining operation, you can afford to pay for EMTs to keep the miners safe. HB 119 supports a risky business practice in Kentucky and should be defeated.

The Lexington Herald Leader had a good editorial on HB 119 that I encourage you to read. According to the Lexington newspaper, House Bill 119 could double the risk to miners when there is an emergency in a small mine. This would provide a financial savings to operators amounting to a few seconds of coal production. The link is at http://www.kentucky.com/591/story/704888.html.

Environmental lawyer Sanders says Cleveland Carbon Fund takes a leadership role to reduce carbon emissions on local level.

The city of Cleveland, Ohio has developed the the Cleveland Carbon Fund to help offset carbon disoxide emissions. The Cleveland Carbon Fund is the first community-based, open-access carbon reduction fund in the United States. The Fund’s website is at: http://www.clevelandcarbonfund.org.

According to its website, the Fund originated to help combat the harmful impact of carbon emissions in the Cleveland region and on the environment worldwide. As importantly, donations to the Fund will support local community projects in Cleveland that foster positive economic, social and environmental development.

We warmly applaud the efforts of the City of Cleveland to reduce carbon emissions and hope that the good folks in northern Ohio will support the Cleveland Carbon Fund by donating their time and money. Hello, Cities of Cincinnati, Covington, Lexington. and Louisville, how about looking at this type of environmentally friendly project on the local level?

An example of the types of environmentally green projects to reduce carbon emissions that might be funded by the Cleveland Carbon Fund include:

Compact Fluorescent Lamp (CFL) Installation
[I]t is estimated that $20,000 from the Cleveland Carbon Fund could fund local community development organizations to install 8,000 CFLs in 1,000 low-income homes across Cleveland. In five years, this initiative would save these homeowners $250,000 and reduce carbon emissions by 2,000 tons at a cost of $5 – $10 per metric ton of carbon reduced.

Showerhead Replacement
Low-flow showerhead valves use half as much water while providing the same level of pressure. According to the Department of Energy, installing these valves saves $11 in water heating every three months…a $30,000 grant from the Cleveland Carbon Fund could fund non-profit organizations to install these valves in more than 200 low-income homes…This project would save Cleveland homeowners almost $10,000 in hot water heating and annually reduce carbon emissions by more than 100 tons at a cost of less than $10 per metric ton of carbon dioxide reduced.

Home Weatherization
For approximately $50,000, the Cleveland Carbon Fund can support more than 20 weatherization projects in low-income neighborhoods across the community, employing many local citizens. Sealing and insulating homes to better retain heat during the winter will save Cleveland homeowners more than $5,000 in energy bills and reduce carbon emissions by 40 tons each year.

Environmental lawyer Sanders says Kentucky Senator Bunning is on Senate Committee for Energy and Natural Resources.

Kentucky Senator Jim Bunning is a member of the U.S. Senate’s Energy and Natural Resources Committee. Senator Bunning is also on the Subcommittees for Energy, Public Lands and Forests, and Water and Power. The address of the Senate’s Energy and Natural Resources Committee is: 304 Dirksen Senate Building, Washington, DC 20510; and its telephone number is (202) 224-4971. This committee assignment should help bring Stimulus Money to Kentucky to develop alternative energy sources, such as biodiesel and clean coal technology.

The U.S. Senate Committee on Energy and Natural Resources has oversight and legislative responsibilities for:

1. The Committee has oversight of the Department of the Interior, the Department of Energy, the Federal Energy Regulatory Commission, and the Forest Service
2. National Energy Policy
3. Coal production
4. Energy related aspects of deepwater ports
5. Energy regulation and conservation
6. Energy research and development
7. Extraction of minerals from oceans and Outer Continental Shelf lands
8. Hydroelectric power, irrigation, and reclamation
9. Mining education and research
10. Mining, mineral lands, mining claims, and mineral conservation
11. National parks, recreation areas, wilderness areas, wild and scenic rivers, historical sites, military parks and battle fields, and on the public domain, preservation or prehistoric ruins and objects of interest.
12. Naval petroleum reserves in Alaska
13. Nonmilitary development of nuclear energy
14. Public lands and forest
15. Renewable energy resources including biofuels, wind, solar and geothermal sources of energy
16. Territorial policy (including changes in status and issues affecting Antarctica, Guam, the Commonwealth of the Northern Mariana Islands, Virgin Islands, Puerto Rico, American Samoa, and the Marshall Islands)

Environmental attorney Sanders says BP Oil settles civil matter with EPA for $161 million, but still earned $25.6 Billion in 2008.

BP Products North America Inc. has agreed to spend more than $161 million on pollution controls, enhanced maintenance and monitoring, and improved internal management practices to resolve Clean Air Act violations at its Texas City, Texas, refinery, the U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department announced today. The company will also pay a $12 million civil penalty and spend $6 million on a supplemental project to reduce air pollution in Texas City.

Don't cry for BP or think that this proposed settlement is going whop the oil company a good one in the old wallet. Not at all; in 2008, BP's annual profits were $25.6 billion. So, the magnitude of the civil penalty was in tune with the defendant's ability to pay, if not far too low for this foreign oil company and financial behemiouth.

EPA identified the violations addressed in the settlement during a series of inspections of the Texas City refinery initiated after a catastrophic explosion and fire in March 2005 that killed 15 people and injured more than 170 others. In October 2007, the company pleaded guilty to a felony violation of the Clean Air Act and agreed to pay a $50 million fine for violations related to the explosion, which is the largest criminal fine ever assessed against a corporation for Clean Air Act violations. The plea is still under review by the U.S. District Court for the Southern District of Texas, and settlement does not address any claims arising from the March 2005 explosion.

The settlement requires that BP address violations of Clean Air Act requirements limiting emissions of stratospheric ozone-depleting hydrochlorofluorocarbons (HCFCs) from leaking cooling appliances. BP will eliminate approximately 51,000 pounds of HCFCs by retrofitting industrial and commercial cooling appliances at Texas City to use non-ozone-depleting refrigerants. The company has also agreed to improve its oversight and management of asbestos-containing wastes generated during routine renovation and demolition activities at the Texas City Refinery.

As part of the settlement, the company will spend an additional $6 million to reduce air pollution from diesel vehicle emissions in Texas City and the surrounding area. BP will convert approximately 100 diesel municipal vehicles, including several dozen school buses, to operate on compressed or liquefied natural gas and will construct four refueling stations for the converted vehicles. As a result, emissions of particulate matter, nitrogen oxides, and hydrocarbons from these vehicles will be substantially reduced.

The proposed settlement, lodged in the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html

Environmental attorney Sanders says EPA to award $7.22 Billion for projects and programs administered by U.S. EPA .

The American Recovery and Reinvestment Act of 2009 specifically includes $7.22 billion for projects and programs administered by EPA. These programs will protect and promote both green jobs and a healthier environment. These environmental areas include:


Clean Water State Revolving Fund and Drinking Water State Revolving Fund: $4 billion for assistance to help communities with water quality and wastewater infrastructure needs and $2 billion for drinking water infrastructure needs. A portion of the funding will be targeted toward green infrastructure, water and energy efficiency, and environmentally innovative projects.

Brownfields: $100 million for competitive grants to evaluate and clean up former industrial and commercial sites.

Diesel Emissions Reduction: $300 million for grants and loans to help regional, state and local governments, tribal agencies, and non-profit organizations with projects that reduce diesel emissions.

Superfund Hazardous Waste Cleanup: $600 million for the cleanup of hazardous sites.

Leaking Underground Storage Tanks: $200 million for cleanup of petroleum leaks from underground storage tanks.

The new law is geared for performance and unprecedented transparency: preference will be given to projects that can be started and completed expeditiously, and EPA intends to move designated funds to states as quickly as possible. All funding will be monitored by EPA’s Inspector General, which will receive $20 million for oversight and review. Announcements of grants will be posted on the Web to ensure transparency. The state-by-state distributions for clean water and drinking water state revolving funds are also available on the Web.

For new information on the state-by-state distributions for clean water and drinking water state revolving funds: http://www.epa.gov/recovery. Show me the money!

Environmental attorney Sanders Kentucky Division of Water public notices now available at www.water.ky.gov.

Public notices of Kentucky Division of Water (DOW) agency actions are now available for review on the DOW Web site at www.water.ky.gov. This tool is designed to facilitate public participation and provide easier access to documents.

Kentucky Division of Water is required to provide public notice of certain agency actions such as individual NPDES (National Pollutant Discharge Elimination System) draft discharge permits, general permit letters of coverage, total maximum daily load calculations, water quality certifications and other actions.
The proposed agency actions have historically been advertised through a notice published in local newspapers. The notices advise readers how to reach DOW to obtain copies of the application, fact sheets, draft permits and other related documents.

Environmental attorney Sanders says GAO report warns that FDA is at high risk of failure in overseeing medical devices and pharmaceutical products.

The Government Accountability Office issued a report that warns that the FDA is a "high-risk" agency in the federal government. According to the GAO, the FDA is at high risk due to globalization, complex products and laws. As a result, FDA may be ill suited to ensure the safety of pharmaceuticals, biologic drugs, and medical devices.

That essentially means a large number of the American public may be at a substantial risk of harm from unsafe and ineffective medical products, including unsafe drugs and defective medical devices. And you thought the FDA was only failing at inspecting our food supply.

But don't worry about the manufacturers of such defective medical products, the federal courts are quick to protect the manufacturers from injured victims via federal pre-emption. That means, no redress of harm by manufacturers of defective dangerous medical productions in the America's tort system because the FDA is watching your back.

I encourage each of you to read through the GAO’s report on the FDA. The highlights of GAO's report is at http://www.gao.gov/highlights/d09271high.pdf.

Enviironmental attorney Sanders says handy guide is available to help you select sustainable seafood for your family and friends.

Like many Americans concerned about eating healthy as I grow older, I am eating more seafood and less red meat. As such, I am often very concerned about the country of origin of the seafood in my local grocery or fish monger shop. For example, I often wonder about the purity of seafood, such as salmon or tilapia, which is raised in China. That may be due to the fact that I have written about the potential downsides to fish farms, including accumulation of bio-waste and pharmaceutical wastes, and potential spread of disease to wild species from sick farm fish.

It may also be due to concerns over raising a food source in highly polluted waters.
According to a recent story in The New York Timest, China is the biggest producer and exporter of seafood in the world, and the fastest-growing supplier to the United States. But that growth is threatened by the two most glaring environmental weaknesses in China: acute water shortages and water supplies contaminated by sewage, industrial waste and agricultural runoff that includes pesticides. The fish farms, in turn, are discharging wastewater that further pollutes the water supply. The story is at: http://www.nytimes.com/2007/12/15/world/asia/15fish.html.

Despite such news stories, fish farms are here to stay and a growing source of seafood for the American consumer. Thus, I was very pleased to find a program of Monterey Bay Aquarium designed to raise consumer awareness about the importance of buying seafood from sustainable sources. The program helps you chose which seafood to buy or avoid to promote sustainable food sources and helps consumers become advocates for environmentally friendly seafood.

The Monterey Bay Aquarium has partnered with the Seafood Choices Alliance where, along with other seafood awareness campaigns, to provide consumers with recommendations on seafood choices.

You can also print out a handy pocket guide designed to help you choose ocean-friendly seafood wherever you live or travel. The pocket guide is at: http://www.montereybayaquarium.org/cr/cr_seafoodwatch/download.aspx

Environmental attorney Sanders says University of Louisville has a new supercomputer for research work at its Belknap campus.

IBM is installing a new supercomputer to the University of Louisville’s Belknap campus. The university will use the supercomputer to help solve highly complex research problems in areas such as cancer research, materials science, atmospheric modeling, visualization and bioinformatics.

U of L’s supercomputer, nicknamed the Cardinal Research Cluster (CRC) and costing $2.1 million, has a peak speed of more than 25 teraflops (trillion calculations per second). The supercomputing’s processor speed is blinding, roughly 1,100 times faster than today's average desktop computer.

When fully operational, the system is expected to rank among the 500 most powerful supercomputers in the world. U of L's Information Technology team and IBM technicians "powered up" the system in late January and expect it to be in full operation by late March.

Environmental attorney Sanders says Duke scientists concerned about human health effects from exposure to radioactive materials in TVA sludge spill.

As I reported in December 2009, more than a billion gallons of coal waste spilled from a failed sludge pond at TVA’s coal-burning power plant in Kingston, Tennessee. The catastrophe occurred on December 22. The waste sludge covered more than 400 surrounding acres and spilled into a tributary of the Emory River, which converges with the Clinch River and flows into the Tennessee River, a major source of drinking water for many communities in the region.

I also warned about the potential human health problems from radioactive materials in the waste sludge. Thus, I now point you to a fascinating report by Duke University scientists who analyzed water and ash samples from the massive coal sludge spill. They conclude that “exposure to radium- and arsenic-containing particulates in the ash could have severe health implications” in the affected areas. A summary of their report and a amazing slide show of the impact of the sludge spill on the local community is at: http://www.nicholas.duke.edu/news/ns-vengosh.01.28.09.html.

Environmental attorney Sanders says white collar criminals convicted of billion dollar fraud schemes merit the death penalty and forfeiture of assets.

Texas billionaire R. Allen Stanford and three of his companies were charged with "massive ongoing fraud" Tuesday as federal agents swooped in on his U.S. headquarters. The companies are: Stanford International Bank, Stanford Group Company, and Stanford Capital Management.


Stanford’s alleged fraudulent activities involved the sale of $8 billion in certificates of deposit, making it one of the largest alleged financial frauds in U.S. history. The U.S. SEC’s complaint against Stanford is at: http://www.sec.gov/litigation/complaints/2009/comp20901.pdf?sid=ST2009021701544
In a complaint filed in federal court in Dallas, the U.S. Securities and Exchange Commission accused the cricket-loving Stanford, 58, and two other top executives at Stanford Financial Group of fraudulently selling $8 billion in high-yield certificates of deposit in a scheme that stretched from Texas to Antigua and around the world.

According to its website, Stanford Financial Group is a privately held global network of independent, affiliated financial services companies led by Chairman Allen Stanford. The first Stanford company was founded by Allen Stanford’s grandfather, Lodis B. Stanford in 1932. Stanford’s core businesses are private wealth management and investment banking for institutions and emerging growth companies.

The Stanford Financial Group of companies provides private and institutional investors with global expertise in asset allocation strategies, investment advisory services, award-winning policy and equity research, international private banking and trust administration, commercial banking, investment banking, merchant banking, institutional sales and trading, real estate investment and insurance. Stanford has over $50 billion in assets under management or advisement.

Now, Mr. Stanford and three of his companies are charged with stealing $8 billion dollars from its clients in a sophisticated, intentional fraudulent scheme. It is well past time for serious, long-term jail sentences for white collar criminals, who steal from investors.

I don't know about you, but I think the death penalty and complete forfeiture of all assets of the individual and the involved companies are appropriate penalties for such shameful and wrongful intentional conduct.

Kentucky lawyer Sanders says Southfork Coal Company wants to mine under 64.5 acres of Daniel Boone National Forest.

The Daniel Boone National Forest is seeking public comment concerning a proposed coal lease for federally-owned coal on the Stearns Ranger District. The Southfork Coal Company has submitted an application for coal extraction under lease on 64.5 acres of land in the Kentucky counties of McCreary and Whitley.

The Southfork Coal Company submitted their application for federal coal extraction in 2001 with the Bureau of Land Management, the agency that oversees all mineral leasing on federal lands. A BLM Geologic and Engineering Report estimates there is 150,000 tons of federal recoverable coal out of 311,800 tons in place in the newly proposed lease area. These recoverable reserves would be mined, along with approximately 95,000 tons remaining in the existing federal lease. An interdisciplinary team from the BLM, Forest Service and Office of Surface Mining will prepare a land use analysis and environmental assessment to address the Southfork Coal Company application.

The Southfork Coal Company is proposing to mine the Jellico coal seam with conventional mining equipment, utilizing underground room and pillar mining methods. An already existing federal coal lease occurs in the proposed lease area, along with additional leases on nearby private land. All newly proposed mine portals, access roads, sediment ponds and other surface facilities that would be used to mine the coal occur on private lands.

The Federal government maintains a policy of encouraging private industry to explore and develop federal minerals to help satisfy local and national needs. The Mineral Leasing Act of 1920 as amended authorizes the competitive coal leasing process. When a coal lease is issued, it grants a lessee exclusive rights to explore and develop the coal resources in their lease area.

The Forest Service decision-making process provides opportunities for interested parties to give their ideas and opinions about resource management. This input is important in helping the Forest Service to identify resource needs, which will shape the alternatives evaluated and lead to the formation of a decision.

The public may submit comments to the Forest Service concerning the coal lease proposal by three methods:
 Electronic email to Comments-southern-daniel-boone-stearns@fs.fed.us.
 Verbal comments to Project Coordinator Patty Beyer at (906) 226-1499.
 Written comments to Project Coordinator Patty Beyer, USDA Forest Service, 115 South Lakeshore Dr. Suite E, Marquette, MI 49855.

Public comments or issues must be submitted no later than March 13, 2009. Questions concerning the project should be directed to Project Coordinator Patty Beyer at the above phone number or by email at pbeyer@fs.fed.us.

An environmental assessment is expected to be completed sometime in the spring. It will be available on the Daniel Boone National Forest website and upon public request.

Please spread the word on this abomination against nature and God by the U.S. Department of Forestry and the Southfork Coal Company. Stop coal mining under the Daniel Boone National Forest by sending your comments to the Patty Beyer and tell her to leave this land untouched by coal mining companies.

Environmental attorney Sanders says Daniel Boone National Forest is a true treasure for Kentuckians.

Daniel Boone National Forest is the only national forest completely within the boundary of Kentucky. Established in 1937, it was originally named the Cumberland National Forest, after the core region called the Cumberland Purchase Unit.

The Daniel Boone National Forest is located along the Cumberland Plateau in the Appalachian foothills of eastern Kentucky. The forest encompasses over 707,000 acres of mostly rugged terrain. The land is characterized by steep forested ridges dissected by narrow ravines and over 3,400 miles of sandstone cliffs. These lands are federally managed to provide the nation with a sustained yield of natural resources, including wood, water, forage and wildlife.

About a third of the land within the national forest proclamation boundary is owned or managed by the U.S. Forest Service.

Environmental attorney Sanders says Kentucky is in the spring forest fire season, so be careful with outdoor burning.

Kentucky law designates Feb. 15 through April 30 as spring forest fire hazard season. During this time, it is illegal to burn anything within 150 feet of any woodland or brushland between the daylight hours of 6 a.m. and 6 p.m.

The law is intended to prevent forest fires by allowing outdoor burning only during the time when conditions are less likely to cause a wildfire to spread. While it is not illegal to burn after 6 p.m., forestry officials say that now is not a good time to do any burning due to the fallen trees and limbs from recent storms.

Although most people who burn debris do not intend for their fire to get out of control, it frequently happens. Last year, 4,871 acres burned in Kentucky as a result of debris fires that escaped. Most of the wildfires in Kentucky are caused by human negligence or by malicious arson; therefore, most wildfires are preventable.

To reduce the risk of wildfire, the division recommends the following guidelines for burning debris:
1. Clear a safe zone that is wide enough to prevent the escape of fire.
2. Keep a supply of water and a rake or shovel readily accessible.
3. Do not leave a fire unattended.
4. Burn only when the wind is calm and the humidity level is high.
5. Extinguish fire completely if conditions become windy.
6. Keep burn piles small to allow quick control of the fire if necessary.
7. Locate burn piles an adequate distance from structures and utilities.
8. Obey all outdoor burning laws including forest fire laws, air pollution regulations and local ordinances.
9. Report any suspicious acts of arson to the nearest Kentucky State Police post or the Target Arson Hotline at 1-800-27-ARSON.
10. If arson is suspected, report details such as description of suspect, car, or license number.

For more information about fire hazard seasons, outdoor burning laws and safe burning practices, contact the Kentucky Division of Forestry at 1-800-866-0555 or visit the division’s Web site at http://www.forestry.ky.gov/.

Environmental attorney Sanders says dewatering technology may solve problem with billions of tons of coal fines in dangerous waste impoundments.

A dewatering technology developed at Virginia Tech has succeeded in reducing the moisture content of ultrafine coal to less than 20%, transforming it to a salable product. The demonstration was the result of a seven-year, $13-million cooperative effort supported by the Department of Energy Office of Fossil Energy’s National Energy Technology Laboratory (NETL).

Roe-Hoan Yoon, the Nicholas T. Camicia Professor of Mining and Mineral Engineering in Virginia Tech’s College of Engineering, and his colleagues developed a hyperbaric centrifuge that can efficiently dewater coal as fine as talcum powder. Such coal fines presently must be discarded by even the most advanced coal cleaning plants because its moisture content in conventional dewatering systems make it unmarketable.

During recent prototype tests at Arch Coal Company’s Cardinal plant in Logan County, W.Va., the technology reduced the moisture to a level that the waste coal can now be marketed commercially. The result is significant to the energy consumer in that US coal producers each year discard large amounts of moisture-laden coal fines that can potentially be salvaged for energy use while simultaneously cleaning up the environment.

Environmental attorney Sanders says recovery and use of coal fines stored in dangerous impoundments may be available in future due to new technology.

The first commercial use of an advanced coal-cleaning system comprising two advanced separation technologies will take place this summer when it is used to produce clean, upgraded coal from a large fine-coal waste pond located in southern West Virginia. Developed with support from the Department of Energy, the innovative system will create useable fuel from discarded "waste" and could be used to clean up the hundreds of potentially deadly coal-waste "impoundments"—waste ponds behind earthen dams—that dot the Appalachian mountains.

The innovative separation system will be installed near Pineville, W.Va., at property owned by Pinnacle Mining Company. It uses two processes: One produces clean coal by separating impurities like clays, silica, and pyrite from waste coal, and the other separates water from the cleaned coal. Virginia Polytechnic Institute and State University, Beard Technologies, Inc., and the Energy Department’s National Energy Technology Laboratory (NETL) developed the two-step separation system under NETL’s Solid Fuels and Feedstocks Program, which aims to reduce the high cost of processing fine coal.

Separating impurities from coal will be achieved using the Microcel™ flotation column, which was developed and patented in the mid-1980s by Virginia Tech. The process uses tiny air bubbles to recover coal fines—microscopic coal particles—that are too small to be recovered with conventional methods. The clean coal product from the column will then be pumped to vacuum filters to remove water. Novel dewatering aids developed at Virginia Tech and licensed to Nalco, a large chemicals company, are added to the coal to facilitate the dewatering process. The result is a clean, low-moisture fuel that can be used for combustion. Beard Technologies plans to use the advanced separation system to produce 240,000 tons per year of clean coal from the waste coal in the impoundment.

Fine coal dewatering technology is a major step forward in recovering coal fines from impoundments. Utilities burning coal for electricity generation cannot economically use coal fines containing excessive moisture. Typically, fine coal is 25–30 percent moisture by weight, which is too high to burn in modern boilers.

The Energy Department estimates that 30–50 million tons of coal fines are discarded annually into impoundments because of the high cost of processing fine coal. This adds to the more than 2 billion tons of coal already in about 700 fine coal impoundments, most of which are located in central Appalachia. That is a huge fortune in lost coal for utilities that can be recovered and burned to generate electricity.

Environmental attorney Sanders says current national debt as of 12 February 2009 is $9,849,354,380,955.73.

Our National Debt

Currently, the U.S. Debt is estimated at:
$9,849,354,380,955.73

Your share of today’s public debt is:
$30,891.15

Environmental attorney Sanders says U.S. and Canada looking at reducing BPA's use in food packaging because of human and environmental health risks.

Bisphenol A, commonly abbreviated as BPA, is an organic compound with two phenol functional groups. BPA is suspected of being hazardous to humans. FDA is currently investigating whether to continue the use of BPA in food packaging. Thus, on January 30, 2009, the FDA and Health Canada’s Health Products and Food branch hosted a meeting of representatives from United States and Canadian manufacturers and users of food packaging materials containing the toxic, plastic hardening chemical, BPA to discuss the activities underway and planned to minimize the levels of the ubiquitous, estrogen-mimicking chemical in food.

The meeting was also part of FDA’s efforts to assist industry in its voluntary BPA reduction efforts.

According to the FDA, the joint U.S.-Canada meeting provided a forum for:

• Updating the industry on the FDA’s and Health Canada’s current activities as well as its planned research to further assess BPA exposure to BPA and manage any potential risks from the chemical.
• Describing manufacturers’ research activities and related work to refine packaging manufacturing practices to minimize migration of BPA into food as well as to describe recent marketplace developments.
• Dialoguing by the participants about further information from regulated industry stakeholders that would be helpful to the FDA and Health Canada in updating and refining their BPA risk assessments.
• Dialoguing about the different uses of BPA in food contact applications and the variation in availability of fully functional and evaluated alternative substances.
• Discussing the expectation that, because of availability of alternative products, polycarbonate baby bottles could cease to be a substantial component of the North American market in the future.

Despite a great deal of scientific evidence, the FDA maintains its position that current BPA exposure levels through food packaging do not pose an immediate health risk to the general population, including infants and young children. Nevertheless, studies show that BPA seems to stay in the body longer than previously believed, reported WebMD, adding that the chemical is so ubiquitous, that it can be found virtually everywhere and is present in “detectable levels” in just about every human body.

BPA has also been linked to a variety of diseases including an increased risk of diseases or disorders of the brain, reproductive, and immune systems; recent studies have linked BPA exposure to problems with liver function testing, an increased risk of diabetes and heart disease, and interruptions in chemotherapy treatment; and BPA exposure has long been linked to hormonal disturbances. BPA was also linked to serious health problems based on 130 studies conducted in the past 10 years, The Washington Post reported late last year, and newer research found BPA to have negative effects at “very low doses,” lower than the FDA’s safety standards currently in place.

The FDA said it is currently preparing a detailed response to the October 2008 review by the FDA Science Board of the agency's draft assessment of the safety of BPA for use in food contact applications, which focused on the concerns for developmental toxicity identified in recent assessments of BPA, including those of the National Toxicology Program and their expert panel. The FDA is also reviewing research about the potential low-dose effects of BPA and will carefully evaluate the findings of these studies.

Unfortunately, the FDA's reputation for doing the right thing for the public has taken a hard, hard hit over the last 8 years. Let's all hope the damage to the FDA can be repaired with good hard, ethical work based on science and not political views.

Environmental attorney Sanders says U.S. EPA to stay new rule revising single source rule for New Source Review under Clean Air Act.

To allow further review of the January 15, 2009, final rule modifying the NSR air permitting program’s “aggregation” policy, U.S. EPA is extending the effective date of the rule. This action is in response to the White House’s January 20, 2009, and the Office of Management and Budget’s January 21, 2009, memoranda regarding regulatory review.

EPA also will reconsider one or more of the aspects of this final rule raised by the Natural Resources Defense Council in a petition for reconsideration. To allow time for the review and the reconsideration, EPA will stay the effective date of this rule for 90 days, until May 18, 2009.

New Source Review is a pre-construction permitting program to ensure air quality is maintained when factories, industrial boilers and power plants are built or modified. The program ensures that state-of-the art emission control technology is installed at new plants or existing plants that are undergoing a major modification. Aggregation refers to the grouping of multiple, related physical or operational changes into a single project for evaluating requirements under the New Source Review program.

More information: http://www.epa.gov/nsr/actions.html

Environmental attorney Sanders says Patriot Coal fined $6.5 million for polluting streams and rivers in West Virginia.

Patriot Coal Corporation, one of the largest coal mining companies in the United States, has agreed to pay a $6.5 million civil penalty to settle violations of the Clean Water Act, the Justice Department and U.S. Environmental Protection Agency (EPA), and the state of West Virginia announced last week.

The settlement includes the third largest penalty ever paid in a federal Clean Water Act case for discharge permit violations. In addition, Patriot has agreed to extensive measures designed to ensure Clean Water Act compliance at its mines in West Virginia. The consent decree includes innovative and heightened operating standards which should serve as a model for the coal mining industry in Central Appalachia.

In a joint complaint filed concurrently with the consent decree, the United States and the State of West Virginia alleged that Patriot violated its Clean Water Act permits more than 1,400 times -- representing over 22,000 days of violations between January 2003 and December 2007 at its mining complexes in West Virginia. During this time, Patriot and its subsidiaries allegedly discharged excess amounts of metals, sediment, and other pollutants into dozens of rivers and streams in West Virginia. Excess discharges of these pollutants can significantly harm water quality and aquatic life in West Virginia's streams.

As part of the settlement, Patriot has agreed to implement extensive measures to prevent future violations and to perform environmental projects, at a total estimated cost of $6 million. Specifically, Patriot will develop and implement a company-wide compliance-focused environmental management system including creating a database to track information relevant to compliance efforts; conduct regular internal and third-party environmental compliance audits; implement a system of tiered response actions for any possible future violations; and conduct annual training for all employees and contractors with environmental responsibilities. The company will also perform five stream restoration projects in local watersheds and perform assessments of mining impacts on aquatic life.

With corporate headquarters in St. Louis, Patriot owns and operates 16 mining complexes in West Virginia and Kentucky. The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Department of Justice Web site at: http://www.usdoj.gov/enrd/Consent_Decrees.html

Environmental lawyer Sanders says Obama Administration asks Supreme Court to drop appeal of mercury emission limits of coal-fired power plants.

The Obama administration signaled it will reverse course on the Bush administration's refusal to adopt strong limits on mercury emissions from power plants, asking the Supreme Court today to drop the former administration's appeal of a successful lawsuit by Earthjustice and others seeking protective federal mercury emission limits for power plants.


The following is a statement issued by Earthjustice attorney David Baron:

"Today's news signals an end to years of attempts by the Bush administration to undermine Clean Air Act protections against mercury and comes not a moment too soon. The Bush policies have allowed coal plants to release more than 700,000 pounds of mercury pollution during the past eight years.

"Under the Clean Air Act, EPA was required to control power plants' emissions by December, 2002. Instead of meeting that requirement, the Bush administration asked Congress to roll back the control requirements. Then, unable to win Congress' support for that request, the administration unlawfully tried to exempt power plants from strong Clean Air Act limits.

"The federal appeals court in D.C. tossed out EPA's attempt in February 2008, in a lawsuit brought by Earthjustice, a coalition of environmental and public health groups, states and Native American tribes. Baffled by the Bush administration's reasons as to why it should not set these requirements, the court compared its logic to that of the dangerously irrational Queen of Hearts character in Alice in Wonderland.

"Power plants are the nation's largest unregulated source of mercury pollution, and also emit enormous quantities of lead, arsenic and other hazardous chemicals. An estimated 1,100 coal-fired units at more than 450 existing power plants spew some 96,000 pounds of mercury into the air each year.

"We're heartened by today's news and hope the high court will swiftly grant the administration's request so we can at long last begin to control toxic air emissions from this enormous industrial source of mercury."

Environmental attorney Sanders says Vote for Mardi Gras as a National Holiday; Laissez les bons temps rouler!!

According to the Times Picayune, Zatarain’s the New Orleans company famous for fish-fry, creole mustard and crab boil seasoning, has launched a petition to create a federal holiday devoted to merriment and misrule. To sign up, here’s the link to the online petition. Currently, the petition is at 1 percent of its 100,000 signature goal by Fat Tuesday, Feb. 24 this year.

A little history on Mardi Gras: originated in Rome during the medieval times. It is generally accepted that Mardi Gras made it's way to America in 1699. But actually probably didn't begin in New Orleans until around 1827. The Mardi Gras celebrations in New Orleans have become quite elaborate in the past couple of decades.

In French, "Mardi Gras" literally means "Fat Tuesday," so named because it falls on the day before Ash Wednesday, the last day prior to Lent. Today, Mardi Gras is not only celebrated in New Orleans but also throughout numerous cities and states in the U.S.

Americans need some good times in these tough economic times and a National Holiday for Mardi Gras would lighten up the spirit of America. Laissez les bons temps rouler (Let the good times roll)!

Environmental attorney Sanders says public loses when Kentucky Utilities agreed to $136.4 million settlement with EPA on Clean Air Act violations.

E.ON U.S., headquartered in Louisville, Kentucky, owns and operates Louisville Gas and Electric Company, a regulated utility that serves 318,000 natural gas and 390,000 electric customers in Louisville and 16 surrounding counties, and Kentucky Utilities Company ("KU"), a regulated electric utility in Lexington, Kentucky, U.S.A., that serves 518,000 customers in 77 Kentucky counties.

KU has agreed to pay a $1.4 million civil penalty and spend approximately $135 million on pollution controls to resolve violations of the Clean Air Act, the Department of Justice and the U.S. Environmental Protection Agency announced today. This is a huge amount of money that KU's rate payers will wind up paying for many years to come. Hello, Public Utility Commission in Frankfort, we have a problem!

KU has agreed to install new pollution control equipment on its largest generating unit that will reduce combined emissions of sulfur dioxide and nitrogen oxides by more than 31,000 tons per year, which is 90 percent below the 2007 emission levels. KU will also install controls to reduce particulate matter emissions by approximately 1,000 tons per year.

KU will spend approximately $3 million on projects to benefit the environment and mitigate the adverse effects of the alleged violations including: contribute $1.8 million to a pilot project on the effectiveness of storing compressed carbon dioxide gas, a by-product of coal combustion, in deep injection wells; spend $1 million to retrofit school buses with filters or other controls to reduce emissions of particulate matter; and pay $200,000 to the National Park Service to help restore Mammoth Cave National Park.

KU has agreed to surrender the excess nitrogen oxide and sulfur dioxide allowances it will have after installing the pollution controls. Coal-fired power plants are allowed to emit sulfur dioxide and nitrogen oxides as allowances, which are granted under federal or state acid rain permits. Once surrendered, these allowances cannot be used again, thus removing the emissions from the environment permanently.

In a complaint filed in March of 2007, the government alleged that KU modified the largest coal-fired electrical generating unit at the E. W. Brown Generating Station in Mercer County, Kentucky without installing required pollution control equipment or complying with applicable emission limits, in violation of the Clean Air Act. The unit has been operating since 1971, and the modifications made in 1997 allowed the unit to increase the amount of coal it burned and increase the amount and rate of emissions for sulfur dioxide, nitrogen oxide and particulate matter. The government discovered the violations through an information request submitted to KU.

The settlement is part of the EPA’s enforcement initiative to control harmful emissions from coal-fired power plants under the Clean Air Act’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxide emission reductions secured from these settlements will exceed more than 1.8 million tons each year once all the required pollution controls have been installed and implemented.

Coal-fired plants release sulfur dioxides and nitrogen oxides, which are a primary cause of acid rain that harms trees and lakes and impairs visibility. These pollutants cause severe respiratory problems, contribute to childhood asthma, and contribute to smog and haze. Air pollution from power plants can drift significant distances downwind and degrade air quality in nearby areas.

Kentucky Utilities, based in Lexington, Kentucky, generates and distributes electricity to more than 500,000 customers in Kentucky and Virginia. It owns and operates five coal-fired electrical generating stations in Kentucky. The settlement applies to the largest boiler unit at the E.W. Brown Generating Station located on Lake Herrington in Mercer County, Kentucky.

The proposed settlement was lodged in the U.S. District Court for the Eastern District of Kentucky in Lexington and is subject to a 30-day public comment period and final court approval.

More information on the settlement:

www.epa.gov/compliance/resources/cases/civil/caa/kucompany.html

Environmental attorney Sanders says American infrastrucuture is failing, but ASCE gives it a "D".

The American Society of Civil Engineers (“ASCE”) today released its 2009 Report Card for America's Infrastructure-assigning a cumulative grade of “D” to the nation's infrastructure and noting a five-year investment need of $2.2 trillion from all levels of government and the private sector. That letter grade means that our nation's infrastructure may not be able to support our economy and facilitate our way of life in the future. In short, we need some help repairing and rebuilding our country’s infrastructure.

Since ASCE's last assessment in 2005 there has been little change in the condition of the nation's roads, bridges, drinking water systems and other public works, and the cost of improvement has increased by more than half a trillion dollars. The report is at: http://www.asce.org/reportcard/2009/grades.html

I believe the grade of a "D" is a bit too generous considering the current state of our national infrastrucuture. I would award our federal government a "failing grade" for failing to maintain our country's infrastructure, but that grade may be the result of driving over the Brence Spence Bridge on a daily basis, and seeing first hand the terrible degradation of this critical transportation link for I-71 and I-75. The Brence Spence Bridge needs to be replaced before there is a catastophic failure of this vital tranportation link between north and south.

Interstate 75 connects the Greater Cincinnati/Northern Kentucky region with Detroit, Michigan to the north and Miami, Florida to the south. It also connects with I-74 and US 50 to the east and west. I-75 and the railroads that run parallel to it through this region are among the nations busiest. This transportation system is the backbone of commerce and travel through the region.

According to Federal Highway Administration (FHWA) estimates, I-75 is one of the busiest trucking routes in North America with truck traffic approaching six billion miles annually. In addition, more than 250 freight trains per day pass through or have destinations within the I-75 corridor. The interstate portions of this transportation system are nearly 50 years old and significant safety and capacity problems exist.

The National Bridge Inventory lists the Brent Spence Bridge as functionally obsolete due to the capacity, sight distance, and safety concerns associated with its current configuration. These concerns have led to this project being considered a top priority by the Kentucky Transportation Cabinet, the Ohio Department of Transportation, the Ohio-Kentucky-Indiana Regional Council of Governments and the cities of Covington, Kentucky and Cincinnati, Ohio.

Environmental attorney Sanders says EPA favors use of CFL bulbs despite risks of small amounts of mercury in the devices.

Did you know that compact fluorescent light bulbs (“CFL bulbs”) use 75 percent less energy and last up to 10 times longer than incandescent bulbs? Unfortunately, there is a concern that CFLs contain a small amount of mercury. Mercury is, of course, toxic to human health and the environment.

EPA says the benefits of lower energy consumption outweigh the disadvantages but EPA promotes and encourages the safe disposal of old CFL bulbs to prevent the release of mercury into the environment. When a CFL bulb is finally kaput, call your local government for information on recycling of old CFL bulbs. Recycling is much better than disposing of the bulb in the landfill, if possible.

According to EPA, because CFL bulbs use 75 percent less energy than traditional incandescent light bulbs, if every American switched one incandescent bulb to a CFL, it would save more than $600 million in annual energy costs and prevent greenhouse gases equivalent to the emissions from 800,000 cars.

But if a bulb accidentally breaks, proper clean-up is necessary. EPA advises that the first thing to do is to get everyone out of room, including pets. Second, open a window to air out the room for at least 15 minutes.

If you broke the bulb on a hard surface, take a piece of stiff paper or cardboard and scoop up as much of the debris and residue as you can. EPA advises to use an old glove or sock to protect hands and then wipe up any remaining residue with a moist paper towel.

If you broke the bulb on a carpeted surface, you’ll want to use sticky tape to blot up any residue. Put everything in a plastic bag or a jar that can be sealed with a lid and dispose of it with the regular household trash, according to EPA’s website.

For more information on CFLs go to:

http://www.epa.gov/osw/hazard/wastetypes/universal/lamps/index.htm

http://www.epa.gov/osw/hazard/wastetypes/universal/lamps/faqs.htm

Environmental attorney Sanders says Ottawa River Group agrees to cleanup contaminated river sediments results in victory for Lake Erie area.

Folks living in and around Toledo, Ohio will be glad to know that U.S. EPA and the Ottawa River Group agreed to a $43 million cleanup of contaminated sediment in the Ottawa River. Costs will be equally shared between EPA, using funds provided by the Great Lakes Legacy Act, and the local sponsors. The Ottawa River Group is a partnership of the city of Toledo and businesses along the river, including E.I. duPont, Honeywell, Chrysler, Allied Waste North America, Illinois Toolworks, United Technologies and GenCorp.

Beginning this summer, about 270,000 cubic yards of sediment contaminated with polychlorinated biphenyls or PCBs, polycyclic aromatic hydrocarbons or PAHs, and metals will be dredged from a 5.6-mile stretch of the river. The project is expected to be completed in about two years. Contamination in the sediment of the Ottawa River is a leading cause of state advisories against eating certain fish from the river and Maumee Bay.

The cleanup will reduce the mass of PCBs entering Lake Erie. Dredged sediment contaminated with high levels of PCBs will be sent to a facility designed and permitted to accept this type of waste. Remaining sediment will likely go to Toledo's Hoffman Road landfill. Although discharges of toxic chemicals to the Great Lakes have been reduced in the last 30 years, contaminants persist in the sediment of some rivers, harbors and bays as a "legacy" of urbanization and industrial activity.

Five Legacy Act cleanups have been completed. More than 900,000 cubic yards of sediment have been cleaned up, removing 1.7 million pounds of contaminants. The total cost of the cleanups was $97 million, with $53 million coming from Great Lakes Legacy Act funds and $44 million from nonfederal sources. Key to the success of the projects has been the strong partnerships that have developed between EPA and other federal, state, local and private entities.

More information is available at http://www.epa.gov/glla/ottawa/index.html