Environmental attorney Sanders counsels Catlettsburg Kentucky to finish your paperwork on time and stop wasting taxpaper money on civil penalties.

Kentucky Division of Water levied a $3,000 civil penalty against the city of Catlettsburg for failing to comply with federal and state clean water standards. The state agency fined the city because Catlettsburg did not submit a Sewer Overflow Response Plan, as it agreed to do. The plan was due in May 2008, but the city still does not have a plan. The city claims that it is working on one and needs more time.


In August 2007, Catlettsburg officials signed an agreed order with the Cabinet to eliminate its combined sewer overflows (“CSOs”). CSOs collect sanitary sewage, industrial wastewater and storm water in a single combined sewer system. During large rainfalls, the total water flows exceed the capacity of the collection system and/or treatment facilities, which causes them to overflow and pollute the receiving river with human and industrial waste.

Overflowing CSOs are not good for the river or anything that lives in or around the river. CSOs are now good for folks who depend on the river for their drinking water supply.  Like the good people of Northern Kentucky who live downriver from Catlettsburg!

This incident is not the first civil penalty levied against the city. Catlettsburg was in trouble in February 2009. Once again, the city missed a deadline for a document required by the Clean Water Act. That resulted in a $4,000 civil penalty. Does any sense a common thread here?

To compound the current problem, Catlettsburg is also behind on getting a new permit for its waste water treatment plants. The city’s current permit expired in 2006.

Lesson to the wise: get your reporting submittals done on time and stop wasting public funds on civil penalties.

Kentucky environmental attorney Sanders says there is a buzz over beekeeping schools in the Commonwealth!

The Kentucky Department of Agriculture, UK's Cooperative Extension Service and Kentucky State University are teaming up to offer beekeeping schools throughout the state. Whether you are a veteran beekeeper or a beginner eager to get started, these day-long educational workshops, held on Saturdays, offer sessions on everything from where to buy equipment to tips on harvesting your first batch of honey.


There has been a steady increase in the number of beekeeping schools in the state and the number of Kentuckians attending them. Kentucky State Apiarist Phil Craft estimated that 800 people attended the schools last year.

The series of beekeeping schools kicks off Jan. 23 with the Eastern Kentucky Beekeeping School in Hazard, followed by the Allen County Beekeeping School Feb. 6 in Scottsville, the Southeast Beekeeping School Feb. 20 in Whitley City, the inaugural Northeast Kentucky Beekeeping School Feb. 27 in Morehead and the Audubon Beekeeping School March 6 in Henderson.

The largest event will be the Bluegrass Beekeeping School March 13 at Kentucky State University in Frankfort. The featured speaker will be Dr. Dave Tarpy, entomology professor at North Carolina State University. Kentucky State University Apiculture Extension Specialist Dr. Tom Webster will teach beginning beekeeping sessions. Nearly 400 beekeepers and six vendors attended the 2009 Bluegrass Beekeeping School.

For more information on each school, visit www.kyagr.com/statevet/bees/index.htm.

Kentucky environmental attorney Sanders says EPA has opened the public comment period on cleanup of failed dredge cell at Kingston TVA plant.

US EPA announced an Engineering Evaluation and Cost Analysis (EE/CA) Report for the non-time-critical cleanup alternatives for restoration of the Swan Pond embayment area impacted by spilled fly ash at the Tennessee Valley Authority (TVA) Kingston site in Roane County, Tenn.


The EE/CA Report also addresses stabilization and closure of the failed dredge cell. Public comments on the proposed alternatives in the document are being solicited now through Feb. 18, 2010, so they may be factored into the final decision.  Step up and comment or keep quiet on your opinions.

The purpose of this EE/CA Report is to describe the objectives of the removal action in the embayment and dredge cell areas, as well as to describe and evaluate available alternatives for restoration of the environment impacted by the spilled fly ash. A separate EE/CA Report for the residual ash in the river system, after time critical dredging is finished, will be prepared at a later date.


Three restoration alternatives are evaluated in the EE/CA Report:
• excavate embayment and dispose material off site (2.8 million cubic yards of material), grade and close dredge cell;

• excavate embayment and portions of dredge cell and dispose material off site (6.8 million cubic yards of material), grade and close the remainder of dredge cell; and

• excavate embayment and dispose material on site (2.5 million cubic yards of material), and close the dredge cell.

All three alternatives restore the embayment to pre-spill conditions and have different levels of foundation treatment so the perimeter dike containment system will be protective and stable over the long-term. Several other options were considered, but not retained as alternatives, as explained in the EE/CA work plan.

The EE/CA Report and other important site documents have been placed in the Administrative Record and are available for public review and comment. All interested persons are encouraged to review the documents and provide comments.

Site documents can be read and reviewed at the following locations:

TVA Outreach Center
509 N. Kentucky Street
Kingston, Tennessee
865-632-1700

Kingston Public Library
1004 Bradford Way
Kingston, Tennessee
865-376-9905

These same documents are available on computer disk at:
Harriman Public Library
601 Walden Street
Harriman, Tennessee
865-882-3195

The Administrative Record is also available online at: www.epakingstontva.com and www.tva.com/kingston

Comments should be submitted by mail or e-mail to:

TVA
P.O. Box 40
Kingston, TN 37763-0400
Attn: Kingston Public Comments

E-mail: kingstoncomm@tva.gov

At the end of the 30-day comment period, a written response to all pertinent comments will be prepared in a responsiveness summary and placed in the Administrative Record. The final decision on the type of removal action needed will be a balance of engineering effectiveness, implementation concerns, cost, regulatory requirements, and public comment.

Kentucky wnvironmental attorney Sanders says US EPA is proposing tougher rules reducing small particulate matter that causes respiratory problems and damage to the environment.

US EPA is proposing the strictest health standards to date for smog. The agency is proposing to set the “primary” standard, which protects public health, at a level between 0.060 and 0.070 parts per million (ppm) measured over eight hours. Children are at the greatest risk from ozone, because their lungs are still developing, they are most likely to be active outdoors, and they are more likely than adults to have asthma. Adults with asthma or other lung diseases, and older adults are also sensitive to ozone.

EPA is also proposing to set a separate “secondary” standard to protect the environment, especially plants and trees. This seasonal standard is designed to protect plants and trees from damage occurring from repeated ozone exposure, which can reduce tree growth, damage leaves, and increase susceptibility to disease.

In September 2009 Administrator Jackson announced that EPA would reconsider the existing ozone standards, set at 0.075 ppm in March 2008. As part of its reconsideration, EPA conducted a review of the science that guided the 2008 decision, including more than 1,700 scientific studies and public comments from the 2008 rulemaking process. EPA also reviewed the findings of the independent Clean Air Scientific Advisory Committee, which recommended standards in the above ranges.

Smog, also known as ground-level ozone, is linked to a number of serious health problems, ranging from aggravation of asthma to increased risk of premature death in people with heart or lung disease. Ozone can even harm healthy people who work and play outdoors. The agency is proposing to replace the standards set by the previous administration, which many believe were not protective enough of human health.

Ground-level ozone forms when emissions from industrial facilities, power plants, landfills and motor vehicles react in the sun.

EPA will take public comment for 60 days after the proposed rule is published in the Federal Register. The agency will hold three public hearings on the proposal: Feb. 2, 2010 in Arlington, Va. and in Houston; and Feb. 4, 2010 in Sacramento.

More information: http://www.epa.gov/groundlevelozone

Kentucky environmental attorney Sanders says EPA is asking for public input on effects of hazardous waste recycling on the poor.

EPA is requesting public input on a draft plan for assessing the potential impacts of its hazardous waste recycling rule on low-income, minority and tribal populations. To encourage safe recycling and to help conserve natural resources, EPA’s Definition of Solid Waste (“DSW”) rule published in October of 2008, modified the regulations for hazardous materials that are recycled, also known as hazardous secondary materials.

This was a Bush Administration rule, so it is not good for poor folks.  EPA is trying to reach out to stakeholders, including the environmental justice community, requesting public comment before the analysis begins. Lessons learned from the analysis of the DSW rule will also be used to inform EPA’s ongoing effort to strengthen the consideration of environmental justice in rulemakings.

EPA will discuss the draft methodology with the National Environmental Justice Advisory Council (NEJAC) at its national public meeting and host a roundtable to gain public input on the draft methodology. Both meetings are scheduled to be held on January 28, 2010, in New Orleans, La.  EPA at NOLA seems an odd choice to me.  NOLA might just have too much temptation, too much alcohol and too many cameras for a federal agency under seige from the right.

Thus, a second public roundtable meeting will be held on February 23, 2010 at EPA’s Potomac Yard Conference Center in Arlington, Va., and an online public roundtable will be held on February 25, 2010. The public may also submit written comments on the draft methodology until March 15, 2010.

For more information, go to: http://www.epa.gov/epawaste/hazard/dsw/ej.htm

Kentucky environmental attorney Sanders says Senator Murkowski is at center of storm by attacking EPA and taking campaign contributions from fossil fueled utilities.

U.S. Sen. Lisa Murkowski, R-Alaska, announced in December her intention to file a disapproval resolution to stop the US EPA from regulating greenhouse gas emissions under the Clean Air Act. Murkowski's resolution comes in the wake of the agency's recent endangerment finding, which will result in damaging new regulations that endanger America's economy.


Her position opposing regulation of greenhouse gases and CO2 emissions in particular, comes as absolutely no surprise. Senator Murkowski received more campaign contributions from the utility industry than any other lawmaker during the 2009-2010 election cycle, according to data compiled by the nonpartisan Center for Responsive Politics.

Last year, Murkowski received $157,000 from electric utilities, and since 2005, she has received more than $244,000, according to the center's data. As the Alaska senator presses forward with efforts to block the Obama administration from regulating greenhouse gases under the Clean Air Act, her contributions from the utility industry and other energy interests have critics questioning her motives. Murkowski's campaign insists the re-election money does not influence her legislative actions.

Senate Murkowski is at a center of a storm by pushing to strip U.S. EPA of its ability to regulate for greenhouse gas emissions and taking large campaign contributions from fossil fueled utilities.  What do you think about this situation.  Does she have a conflict or does she have a great source of campaign contributions??

Kentucky environmental attorney Sanders says, "know the warning signs of asthma in children."

Asthma is the leading cause of chronic illness in children. It affects as many as 10%-12% of children in the U.S. and, for unknown reasons, is steadily increasing. It can begin at any age, but most children have their first symptoms by age 5. No one really knows why more and more children are developing asthma.

An asthma attack is when your lungs aren’t getting enough air to breathe. Your child might be having an asthma attack if he or she has:
Trouble breathing
Wheezing
Coughing
Chest pain
Chest tightness

Signs and symptoms of asthma to look for in children include:

· Frequent coughing spells, which may occur during play, at night, or while laughing.
· Less energy during play
· Rapid breathing
· Complaint of chest tightness or chest "hurting"
· Whistling sound (wheezing) when breathing in or out
· See-saw motions (retractions) in the chest from labored breathing
· Shortness of breath, loss of breath
· Tightened neck and chest muscles
· Feelings of weakness or tiredness
· Dark circles under the eyes
· Frequent headaches
· Loss of appetite

Environmental attorney Sanders says AFL-CIO has an interesting web site showing CEO salaries for publicly traded companies.

The AFL-CIO has an interesting database on the web that is culled from SEC filings for publicly traded companies in the U.S. called the Executive PayWatch Database. This database will provide with the following information on the CEO of companies work for or in which you hold stock:

What the CEO of your company took in last year.
How his/her pay package compares with yours, how long you would have to work to earn what the CEO gets in one year and the number of workers at your salary the CEO's compensation would support.
How his/her pay package compares with that of the average worker, a minimum wage earner and the president of the United States.
A fact sheet on all of these comparisons.

Check out the database.