24.1.09

Wisconsin Clean Diesel Grant Program

Diesel fleet operators can save money and improve air quality thanks to a new federally-funded grant program in Wisconsin.

The Department of Natural Resources (DNR) has launched the Wisconsin Clean Diesel Grant Program to help reduce diesel emissions from both public and private vehicle fleets statewide. The program is funded by the U.S. Environmental Protection Agency through the Diesel Emission Reduction Act. Funds are limited and will be divided between on-road and off-road projects.

Eligible on-road fleets may apply for funding of idle reduction and/or retrofit devices. Eligible off-road fleets may apply for funding of engine repowers, idle reduction and/or retrofit devices. Each grant award has a pre-set limit. Engine repowers and idle reduction projects require a minimum 50 percent direct match from the applicant.

Applications must be postmarked by Friday, Feb. 6, 2009. For information regarding eligibility, program details and application materials, visit: Wisconsin Clean Diesel Grant Program.

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EPA - Statement by Administrator-Designate Lisa Jackson

Washington, D.C. – Jan. 23, 2009

Statement by Administrator-designate Lisa P. Jackson:

“I am honored by the confidence and faith President Obama and the Senate have reposed in me to lead the EPA in confronting the environmental challenges currently before us. As Administrator, I will ensure EPA’s efforts to address the environmental crises of today are rooted in three fundamental values: science-based policies and programs, adherence to the rule of law, and overwhelming transparency. By keeping faith with these values and unleashing innovative, forward-thinking approaches – we can further protect neighborhoods and communities throughout the country.”

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22.1.09

CARB Asks EPA to Reconsider Denial of Waver on GHG Emissions

Wednesday, ARB Chairman Mary Nichols sent a letter to Lisa Jackson, the new designated Administrator of the U.S.

Environmental Protection Agency (EPA), requesting that she revisit the decision by the previous EPA administrator that denied California the waiver it needs to enforce its clean car law.

"We feel strongly that under its new leadership, EPA will recognize that the decision made by the former administrator to deny California the waiver to enforce our clean car law was flawed, factually and legally, in fundamental ways," said Nichols.

Should the EPA grant the waiver, California, and 13 other states will begin a program to reduce the greenhouse gas emissions from passenger vehicles 30 percent by 2016.

The letter points out that the decision by the previous EPA administrator improperly evaluated California’s need for greenhouse gas standards in complete isolation, without also considering the context of California’s complete motor vehicle emission control program. This created a new set of hurdles and test that no other waiver request had triggered.

The letter also indicates that California believes that the EPA can reconsider its decision in a manner that fulfills its public notice and comment obligations without undue delay. This is because the issues to be reconsidered are limited in scope, and there has already been extensive comment input by stakeholders and the public on the waiver request.

Background:
The regulations in question were developed under California’s
2002 landmark vehicle greenhouse gas emissions reduction law AB
1493 (Pavley). ARB adopted the regulations in 2005.

In 2005, ARB requested a waiver from the EPA to enforce the regulation, as required under the Clean Air Act. Despite the fact that no waiver had ever been denied over a 40-year-period, the then Administrator of the EPA sent Governor Schwarzenegger a letter in December, 2007, indicating he had denied the waiver.

On March 6, 2008 the waiver denial was formally issued in the Federal Register. Governor Schwarzenegger and several other states immediately filed suit against the federal government to reverse that decision.

To date, 13 states have also adopted, and three others are in the process of adopting, those same regulations. Together, California and these 16 states constitute close to half of the nation’s new vehicle sales.

The letter also indicates that since all manufacturers can already comply with California’s 2009 model-year greenhouse gas fleet average under the regulations, all manufacturers would obtain credits for future years. This would allow the regulations to be implemented as planned using the model-year 2009 to 2016 timetable.

The reductions achieved by the Pavley regulations constitute an important element of the California’s plan to reduce greenhouse gas emissions 30 percent by 2020 under its landmark global warming bill, AB 32 (Nunez, 2006). ARB approved the Scoping Plan in December. It is the nation’s first comprehensive approach to address climate change that draws upon ever sector of the state’s economy.

The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

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16.1.09

New Stationary Engine Rules in Dallas-Fort Worth (DFW) Eight-Hour Ozone Nonattainment Area

Do you operate a stationary internal combustion engine in Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, or Tarrant County? If so, your facility is in the Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area and may be subject to Title 30, Texas Administrative Code, Chapter 117, Sections 117.2100 through 117.2145. The rule is not industry specific and applies to any stationary internal combustion engine located at a minor source of nitrogen oxides (NOx), including back-up generators. A stationary engine is one that remains at a location for more than 12 consecutive months. The rule requires certain emission specifications, recordkeeping, monitoring, testing, and reporting to the Texas Commission on Environmental Quality. Rich burn gas-fired, diesel-fired, and dual-fueled engines must be in compliance by March 1, 2009. Lean burn gas-fired engines must be in compliance by March 1, 2010. For more information please visit our website http://www.sblga.info/ and click “Assistance Tools for Minor Sources of Nitrogen Oxides.”

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EPA Proposes Revisions to Air Quality Index for Particle Pollution

EPA is proposing to update its Air Quality Index (AQI) to reflect the latest standards for fine particle pollution. The proposal also would set a “significant harm” level, which states use in developing emergency episode plans. Fine particle pollution is also known as fine particulate matter, or PM 2.5.

Under the proposed changes, the AQI would reach “code orange” – unhealthy for sensitive groups – when particle pollution levels reach 35.5 micrograms per cubic meter of air (ug/m3). The changes also would mean air quality reaches the “unhealthy” category at a lower particle pollution level.

These proposed changes likely would not have a noticeable impact on daily air quality forecasts. States have been voluntarily forecasting code orange when particle pollution reaches 35 ug/m3, the same level as the revised daily health standard. EPA revised this standard in September 2006.

The proposed rule also would set a significant harm level equal to an AQI value of 500. States use these levels in air quality emergency episode plans, which set procedures for delivering information to potentially affected citizens and for reducing emissions from sources in the area that are potentially contributing to harmful PM 2.5 levels. EPA is seeking comment on its proposal for setting the 500 AQI level.

The AQI is EPA’s color-coded tool for communicating air quality to the public. An AQI value of 50, for example, represents good air quality with little potential to affect public health, while an AQI value over 300 represents hazardous air quality. AQI reporting is required in cities of 350,000 and larger; however, more than 300 cities voluntarily issue air quality forecasts as a public health service.

EPA will take comment for 60 days after the proposal is published in the Federal Register and will hold a public hearing on March 5, 2009, at the Intercontinental Dallas, 15201 Dallas Parkway, Addison, Texas.

In addition, EPA will host a blog to provide the public additional avenues for discussing this proposal. Comments to the blog will not be considered official comments for the record; however, the blog will provide readers with easy links for submitting official comments. The blog will open the week of March 2, 2009, the same week as the public hearing. EPA will notify the public about how to participate in the blog and how to be notified when the blog is open.

For more information about the AQI proposal: http://www.epa.gov/pm/actions.html

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EPA Awards $274,914 Grant to Philadelphia Clean Air Council

The U.S. Environmental Protection Agency has awarded a $274, 914 Community Action for a Renewed Environment (CARE) grant to the Philadelphia Clean Air Council’s Southeast Philadelphia Port Communities project.

The CARE program is a competitive grant program that offers communities an innovative way to address the risks from multiple sources of toxic pollution in their environment. Through CARE, communities create partnerships with residents, businesses, schools, local governments and nongovernment organizations to come up with solutions geared to reduce toxic pollutants. In addition to providing funding, EPA also provides technical assistance and resources.

The Clean Air Council received a previous CARE grant in 2005. The new grant will continue the work on the Port Environmental Task Force. A significant portion of the work plan will include measurable toxic reductions at Packer Terminal and the nearby community in southeast Philadelphia.

The Clean Air Council, in partnership with southeast Philadelphia community leaders and port operators, has identified idling vehicles as a major concern.

Southeast Philadelphia, rich in racial, ethnic, and cultural diversity, is a densely populated, congested urban area with significant educational, economic, and quality of life challenges. The Clean Air Council takes a comprehensive approach to improving air quality, working to strengthen the community’s ability to identify toxic threats and facilitating the creation of collaborative, common sense strategies for addressing these threats.

In 2008, EPA made $2.5 million available to 18 communities through the CARE program. Applications for the 2009 CARE grants are due March 16.

CARE Program: www.epa.gov/care

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14.1.09

U.S. EPA Launches New Southern California Website

Air and water quality, waste recycling, local site cleanups at your fingertips

The U.S. Environmental Protection Agency launches a new Web site that will provide up-to-date environmental information to residents of southern California.

By visiting: http://www.epa.gov/region09/socal, viewers will have easy access to information about environmental issues in southern California. The site features EPA’s work on port diesel emissions, area water quality, local site cleanups, waste recycling, border activities, and tribal projects in Ventura, Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Santa Barbara counties.

The new site uses interactive maps of southern California to provide local residents with critical environmental information about their own communities and neighborhoods, including current air pollution levels, beach conditions and sun exposure risks.

The site will be useful to teachers and students as an educational tool for researching environmental issues in their communities. It also provides resources for organizations and businesses on how to "green" their operations or join one of EPA's voluntary partnership programs.

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Flexible Air Permits Enable Increased Pollution Prevention and Economic Competitiveness

EPA is finalizing changes and clarifications to air quality permitting rules to encourage greater use of flexible air permits. EPA’s assessment of flexible air permits demonstrated that they can enable significant environmental and economic benefits, while reducing administrative workload for permitting authorities and facilities.

This final action affects both EPA’s operating permits and New Source Review programs. A facility with a flexible permit would explain its anticipated operational and construction changes for the duration of the permit term. The state, local or tribal air quality permitting authority would include permit conditions to ensure protection of public health and the environment for all of those changes. These flexible permits do not provide approval for changes not within the scope of conditions considered at the time of the permit application. Facilities must still meet their requirements under the Clean Air Act.

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12.1.09

North Texas, TCEQ Awarded $2 Million for Clean Diesel Projects

The North Central Texas Council of Governments has been awarded $1.5 million, and the Texas Commission on Environmental Quality will receive $500,000 from the Environmental Protection Agency to help reduce diesel emissions.

EPA and the Blue Skyways Collaborative awarded the grants as part of the National Clean Diesel Funding Assistance Program.

“Blue Skyways and the EPA clean diesel program are delivering cleaner engines and cleaner air for America’s heartland,” said EPA Regional Administrator Richard E. Greene. “This program gives communities another effective tool to improve air quality and public health.”

Communities will use the grants for clean diesel projects that significantly reduce emissions through the use of retrofit technologies, engine replacements, and idle reduction technologies.

Reducing emissions from diesel engines is one of the most important air quality challenges facing the country. Even with EPA's more stringent heavy-duty highway and non-road engine standards set to take effect over the next decade, millions of diesel engines already in use will continue to emit large amounts of nitrogen oxides, particulate matter and air toxics, which contribute to serious public health problems. EPA and the Blue Skyways Collaborative provide funding for projects to help reduce these heavy-duty diesel emissions.

The Blue Skyways Collaborative is a group of businesses, communities and government agencies spanning 10 states that work together voluntarily to reduce air pollution in North America's central corridor. With its 183 partners, the collaborative is implementing about $1.1 billion in projects that use innovations in diesel engines, alternative fuels and renewable energy technologies to reduce air emissions along major transportation corridors. These innovations save 76 million gallons of fuel per year, cut 1.6 million tons per year in greenhouse gases and reduce toxic air pollutants by 51,626 tons per year.

For additional information on the National Clean Diesel Funding Assistance Program, click here.
For information the Blue Skyways Collaborative, click here.
For activities and information on EPA Region 6, click here.
An EPA audio file is also available, click here.
Find diesel particulate filters at CleanAIR Systems.

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In Califorinia, Even Heavy Equipment Goes Green

The Puente Hills Landfill hosted a rare group of federal and state environmental officials on Monday. They met at the waste disposal site to view tractors, bulldozers and refuse compactors that are ahead of schedule in meeting California's new, stringent diesel emissions standards for heavy equipment.

The roughly 180,000 pieces of off road equipment in California spew nearly as much smog-forming emissions and fine particle pollution as the one million diesel trucks that have just come under regulation by the California Air Resources Board.

Board Chairman Mary Nichols said, "ARB's first-in-the nation standards are driving businesses to invest in advanced technologies to clean our air and save the planet. Even heavy duty off road equipment can be part of the solution."

The Air Resources Board adopted a precedent-setting regulation in July 2007 that Nichols says will reduce toxic and cancer-causing diesel emissions from off road vehicles used in construction, mining, airport ground support, and other industries.

The regulation requires the installation of diesel soot filters and encourages the replacement of older, dirtier engines with newer emission-controlled models.

Because many diesel engines lack emission controls and can remain in use for 30 years or longer, they could become long-term contributors to air pollution.

But Nichols estimates that under the regulation, by 2020, diesel particulate matter will be reduced by 74 percent and smog forming oxides of nitrogen by 32 percent, compared to what emissions would be without the rule.

Diesel particulate matter, or diesel soot, was identified as a toxic air contaminant in 1998.
The ARB estimates that the off-road diesel rule will prevent at least 4,000 premature deaths statewide and avoid $18 to 26 billion in premature death and health costs.

"It cannot be overstated how this new regulation will help us in preventing air pollution-related health problems for residents of our region," said Barry Wallerstein, executive officer of the South Coast Air Quality Management District.

"Speeding up the transition to cleaner off-road equipment is key in our efforts to protect public health," he said.

ARB performed a comprehensive economic analysis of the rule's impact on business, which concluded that the regulation will cost industry up to $3.5 billion over its lifetime.
The requirements and deadlines vary depending on fleet size.

For small fleets, which include small businesses or municipalities with a combined horsepower of 2500 or less, implementation does not begin until 2015.

Medium fleets, with 2501 to 5000 horsepower, have until 2013, while large fleets, with over 5000 horsepower, must begin complying in 2010.

Bulldozers, loaders, backhoes and forklifts, as well as many other self-propelled off-road diesel vehicles must meet the new standard.

"This equipment is no longer just moving earth - it's moving California toward better air quality," said Wayne Nastri, administrator of the U.S. Environmental Protection Agency's Pacific Southwest region, viewing the heavy equipment at Puente Hills.

"And with the $1 million we're giving to the South Coast Air Quality Management District to clean up 700 heavy duty trucks, more and more vehicles will be driving toward a future of cleaner air," Nastri said.

The funding for the greener heavy equipment resulted from enforcement actions that the U.S. EPA took against Chevron, Valero, Cosmed and ARCO for violations at their California facilities.

As part of their settlements, these companies agreed to use funds that otherwise would have been paid as penalties to conduct environmental projects that directly benefit the community where the violations occurred.

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EPA Calls for Overdue States to Cut Air Pollution in National Parks

As a result of legal action by three environmental groups, the U.S. Environmental Protection Agency (EPA) today determined that more than three dozen states have failed to submit programs required by the Clean Air Act to cut air pollution drifting into national parks and wilderness areas. The determination means that EPA must work with the states to take corrective action or put in place a federal clean air plan.

"Today's action gets the country back on track in restoring clean air to our national parks," said Kevin Lynch, attorney for Environmental Defense Fund based in Colorado. "We look forward to working with EPA's new leadership and the states to clean up the industrial smokestacks that pollute our national parks."

"EPA's action is good news for anyone who enjoys visiting our nation's magnificent national parks," said Earthjustice attorney Jennifer Chavez. "We look forward to working with EPA and the states to achieve clean air and clear vistas in the parks.

"The Clean Air Act required states nationwide to submit plans by December 2007 to clean up the air pollution -- and to remedy existing and prevent future visibility impairment -- in 156 premier national parks and wilderness areas, (http://home.nps.gov/applications/parksearch/geosearch.cfm).

They include: Acadia (Maine), Grand Canyon (Arizona), Great Smoky Mountains (Tennessee and North Carolina), Mount Rainier (Washington state), Rocky Mountain (Colorado), Shenandoah (Virginia), Theodore Roosevelt (New York), Yellowstone (Idaho/Montana/Wyoming), Yosemite (California), and Zion (Utah).

If states fail to meet these obligations, EPA must identify the deficiencies and work with the states to take corrective action or put in place a federal clean air plan. After states missed this legal deadline and EPA failed to take the corrective action required by the Clean Air Act, Earthjustice, Environmental Defense Fund, and the National Parks Conservation Association recently went to court to compel EPA to take corrective action.

37 states have not submitted the clean air plans for national parks and wilderness areas required by the December 2007 legal deadline, although five of those -- Arizona, Colorado, Michigan, New Mexico, and Wyoming -- have submitted a portion of the required cleanup plans. About 13 states submitted clean air blueprints. The latter group includes: Alabama, Arkansas, Delaware, Iowa, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Utah, and West Virginia. EPA must review these plans for adequacy.

Much of the pollution problem in national parks comes from old power plants and factories with inadequate pollution controls. Emissions from these plants can travel hundreds of miles, contributing to regional haze that obscures scenic vistas over large areas. Each state's clean air plan must include rules to limit these emissions, limits that will achieve cleaner, healthier air for our people and our parks.

According to the National Park Service, human-caused air pollution reduces visibility in most national parks throughout the country. Average visual range -- the farthest a person can see on a given day -- in most of the western United States is about one-half to two-thirds of what it would be without man-made air pollution (about 60 to 100 miles). In most of the east, the average visual range is about one-fifth of what it would be under natural conditions (less than 30 miles).

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9.1.09

EPA Declaration of Clean Air for the San Joaquin Valley Under Fire

Groups file lawsuit claiming Valley has not met criteria for treatment as “clean”

Public health, community, and conservation groups filed suit in the 9th Circuit Court of Appeals against the U.S. Environmental Protection Agency over the Agency's decision to relieve the notoriously polluted region from further obligations to address dust pollution under the federal Clean Air Act.

At issue is an October 2006 final rule officially removing the San Joaquin Valley's designation as an area that violates federal standards for coarse particulate matter (PM-10). With this decision, EPA waived remaining obligations of the San Joaquin Valley Air Pollution Control District to continue its fight against PM-10. According to the California Air Resources Board, particulate matter is the most deadly air pollutant, estimated to kill more than 1200 Valley residents each year.

"The air is still not clean. More than half of Latinos in the San Joaquin Valley report that they suffer from respiratory problems," (1) said Nora Vargas of the Latino Issues Forum. "Latino families suffer disproportional health and economic impacts from air pollution as asthma is the leading cause of absenteeism from school or work due to chronic conditions. Air quality affects everyone, every resident of the Valley deserves clean air." (2)

Even though air quality monitors in the Valley show that the federal standards are not being met, EPA and the local air district claim that these recurring violations are natural and need not be addressed through further controls.

"This is a classic case of trying to sweep the dust under the rug," said Paul Cort of Earthjustice who is representing the coalition against EPA. "The air is not clean and the agencies have not done their job to protect public health. EPA's decision is factually and legally flawed and must be overturned."

"The San Joaquin Valley is a region where industry special interests hold sway," said Kevin Hall of the Fresno Sierra Club. "As we said at the time of the finding, it was either a miracle or they were lying. As more data came in, we became convinced it was the latter."

"EPA regulators had to write new rules with special loopholes just so they could ignore the Valley's PM-10 pollution," said Kevin Hamilton a respiratory therapist and representative of Medical Advocates for Healthy Air. "Listening to the coughing and wheezing of my patients I wonder how their lungs and hearts can get in on the deal. Come on EPA, we're not stupid here."

Strategy of Avoidance
For nearly a decade, community groups have been going to court to make sure the Clean Air Act is fully enforced in the San Joaquin Valley. These citizen's legal actions have successfully ended illegal exemptions (agriculture, oil refineries) and forced new clean air rules (for industrial polluters and wood burning).

One of the cases clean air advocates won was a court order that set a deadline for EPA to adopt missing measures for addressing the PM-10 problem in the Valley. Rather than establish these required measures, EPA instead chose to manipulate data from air monitoring stations to determine the Valley had attained the national PM-10 standards.

The Dangers of Particulate Matter
Sources of particulate matter pollution include almost any activity that generates dust, soot or smoke. EPA has long recognized that exposure to elevated ambient air concentrations of particulate matter less than 10 microns in diameter (referred to as PM-10) can cause impairment of lung function, impacts on respiratory defense mechanisms, aggravation of respiratory and cardiovascular disease, and premature mortality.

EPA adopted national ambient air quality standards for PM-10 in 1987 and directed all areas not meeting these standards to adopt state plans including specific control measures to regulate sources of PM-10.

The San Joaquin Valley in central California continues to be one of the most PM-polluted regions in the country.

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EPA Awards $500,000 to Biomedical Institute for Air Quality Research

The Environmental Protection Agency has awarded $500,000 to the Lovelace Biomedical and Environmental Research Institute of Albuquerque, New Mexico, to develop environmental health indicators of cardiovascular disease caused by air pollution. Exposures to particulate matter, ozone, and diesel exhaust have been identified as a possible cause for cardiovascular disease in humans, but no investigation confirms that pollutants act through known markers of atherosclerosis (e.g., C-reactive protein, tumor necrosis factor). The Lovelace Biomedical and Environmental Research Institute will conduct research to develop novel and more specific markers for acute exposure to humans.

“Gaining a better understanding of science, research, and technology is critical to our agency’s mission,” said EPA Regional Administrator Richard E. Greene. “Research conducted by this biomedical institute will provide life-saving data used to improve the quality of life and help protect our environment.”

Project activities involved in this research will include identifying susceptible individuals, classifying casual components of the complex air pollution mixture, and developing a better understanding of the biological mechanisms involved in air pollution-induced cardiovascular toxicity. As a result of data collected from this study, Lovelace hopes to identify individuals who could be at risk of developing atherosclerosis, a chronic arterial inflammatory disease which may lead to a stroke.

Funding for the grant award was provided through the EPA National Center for Environmental Research’s Science to Achieve Results or STAR program. The STAR program funds research grants and graduate fellowships in numerous environmental science and engineering disciplines through a competitive solicitation process and independent peer review.

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