ARB Adopts Landmark Rules to Clean Up Pollution from Trucks

The Air Resources Board today adopted two critical regulations directly aimed at cleaning up harmful emissions from the estimated one million heavy-duty diesel trucks that operate in California. Beginning January 1, 2011, the Statewide Truck and Bus rule will require truck owners to install diesel exhaust filters on their rigs, with nearly all vehicles upgraded by 2014.

Owners must also replace engines older than the 2010 model year according to a staggered implementation schedule that extends from 2012 to 2022.

Also adopted today, the Heavy Duty Vehicle Greenhouse Gas Emission Reduction measure requires long-haul truckers to install fuel efficient tires and aerodynamic devices on their trailers that lower greenhouse gas emissions and improve fuel economy.

"Today's vote marks a milestone in the history of California's air quality," said ARB Chairman Mary Nichols. "The Board's actions will not only help protect the health of 38 million Californians, they will also ensure that California continues strongly on its path to achieving clean air. And in light of today's extremely challenging financial climate, I am also pleased to say that the Governor, legislature and voters have made available more than one billion dollars in grants and loan programs to help truckers and business owners comply with this vital public health measure.

"Heavy-duty big rigs are the largest remaining source of unregulated diesel emissions, responsible for 32 percent of the smog-forming emissions and nearly 40 percent of the cancer-causing emissions from diesel mobile sources (other diesel emitters include trains, off-road vehicles and marine engines).

The greenhouse gas reduction measure applies to more than 500,000 trailers, while the diesel regulation applies to about 400,000 heavy duty vehicles that are registered in the state, and about 500,000 out-of-state vehicles that do business in California.

However, because many heavy duty vehicles are replaced or retired due to normal business practices on a faster schedule than what the new regulation will require, the number of vehicles expected to be retrofit by 2014 under the rule is about 230,000, while up to 350,000 vehicles would be replaced earlier than normal over the next 15 years.

To help truck owners upgrade their vehicles, the state is offering more than a billion dollars in funding opportunities.

Options include Carl Moyer grants, which are designated for early or surplus compliance with diesel regulations; Proposition 1B funds, for air quality improvements related to goods movement; and AB 118, which establishes a low-cost truck loan program to help pay for early compliance with the truck rule. In addition, ARB is evaluating ways to integrate these programs so that truckers can get a grant and a loan at the same time, minimizing paperwork and significantly reducing the monthly payments for a new truck loan.

To provide flexibility, the diesel regulation is structured so that owners can choose from among three compliance options to meet regulation requirements. There are exceptions to the regulation, including low-use vehicles, emergency and military vehicles, and personal use motor homes. School buses would be subject only to requirements for reducing diesel particulate matter and not for engine replacement.

California has the nation's most polluted air. Because of new engine standards established in 2001, diesel engines operating in California have been getting cleaner, but they are not getting clean fast enough to meet air quality goals. With the new State Bus and Truck rule in place, by 2014, diesel emissions will be 68 percent lower than they would be without the regulation, while emissions of the smog-forming pollutant NOx (oxides of nitrogen) will be 25 percent lower.

Diesel emissions are associated with cancer and exacerbate cardiovascular and respiratory ailments, as do smog-forming emissions. The truck regulation is expected to save 9,400 lives between 2011 and 2025, and greatly reduce health care costs.

These benefits have an estimated value of $48 billion to $69 billion. The cost of installing the trailer greenhouse-gas-reducing technologies will be quickly recouped through lower fuel use.ARB staff held dozens of workshops and met with hundreds of business owners and other stakeholders over the last 20 months.

Without the diesel regulation, California will not be able to meet U.S. EPA-mandated air quality standards and deadlines, and could subsequently lose billions of dollars in federal highway funding.To reduce diesel emissions and improve air quality and public health, the ARB adopted a Diesel Risk Reduction Plan in 2000 and has already passed regulations addressing urban buses, garbage trucks, school bus and truck idling, stationary engines, transport refrigeration units, cargo handling equipment at ports and rail yards, off-road vehicles, port trucks and other sources.

Statewide Bus and Truck Regulation:

http://www.arb.ca.gov/regact/2008/truckbus08/truckbus08.htm

Heavy Duty Vehicle Greenhouse Gas Reduction Measure:

http://www.arb.ca.gov/regact/2008/ghghdv08/ghghdv08.htm

Record Pollutant Reductions From Environmental Enforcement in 2008

Nearly 3.9 Billion Pounds of Pollution Prevented

(Washington, D.C. - Dec. 4, 2008) Fiscal year 2008 was a banner year for EPA’s enforcement and compliance program, which concluded civil and criminal enforcement actions requiring regulated entities to spend an estimated $11.8 billion on pollution controls, cleanup and environmental projects, a record for EPA.

“After these pollution control activities are completed, EPA estimates record pollution reductions of 3.9 billion pounds per year,” said Granta Nakayama, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. “This is nearly four times the level of pollution reduction achieved in FY 2007.”

Notable accomplishments included cutting tons of air pollution from power plants, convicting environmental criminals, stopping the import of illegal engines, protecting the nation’s water from construction site runoff, and holding polluters accountable for hazardous waste cleanups.

Survey of Top 10 Ports Urges Action at National Level

Study Ranks U.S. Container Ports Among Nation’s Biggest Polluters, But Movement to Clean Alternative Fuels Gains Momentum

U.S. ports are among the biggest sources of air pollution and greenhouse gas emissions in their cities, and progress toward reducing harmful emissions has been slow, according to a new research study conducted by Energy Futures, Inc.

Titled “U.S. Container Ports and Air Pollution: a Perfect Storm,” the report on the study presents findings of a 10-month effort in 2007 that assessed air pollution control efforts at America’s top 10 container ports. Study author and Energy Futures President James Cannon made on-site research visits to each of the ports, which together handle about 80 percent of all U.S. imports. Ports included in the study were: Los Angeles, CA; Long Beach, CA; New York and neighboring New Jersey; Oakland, CA; Savannah, GA; Tacoma, WA; Hampton Roads, VA; Seattle, WA; Charleston, SC; and Houston, TX.

Ports pose grave health risks to millions of people living in metropolitan coastal areas, especially those living nearest the ports. “The combination of growing U.S. port activity, the densely populated regions where most ports are located, and the prevailing onshore wind patterns that accumulate rather than disperse port air pollution create a ‘perfect storm’ of threats to public health,” Cannon said.

Cannon explained, “We’ve concluded that the best way to lower air pollution and greenhouse gas emissions and diversify fuel supply at U.S. container ports is to use alternative fuels or advanced technologies to replace diesel.” The study found that natural gas is currently the leading alternative fuel for goods movement.

Each step of the goods movement process today — from delivery of goods to ports and from there by truck or rail to U.S. consumers — is powered by diesel fuel. Burning diesel fuel releases health-threatening toxic air contaminants, smog-forming air pollution and climate-changing greenhouse gases.

Container ports are one of the fastest growing business sectors in the U.S., according to Energy Futures. Oceangoing container cargo ships make more than 10,000 visits annually to American ports. Container shipments rose 80 percent in the last decade alone, with nearly 45 million twenty-foot equivalent units (TEUs) of containers unloaded or loaded at U.S. marine ports in 2006.

Programs to counteract the pollution problem are progressing now at several of the ports under study, most notably in California, the report indicates. Six projects are currently underway in the state to deploy fleets of natural gas-powered cargo handling vehicles. Efforts to replace diesel fuel with clean-burning liquefied natural gas (LNG) are in process at the three largest container ports in California - Los Angeles, Long Beach and Oakland.

The Energy Futures report is a call to action at the national level to reduce air pollution at U.S. container ports. Decision makers must develop policies designed to maintain port growth momentum, while preserving public health and environmental quality. “Port air pollution is bad and getting worse,” warns Cannon. A patchwork of local programs, however innovative, cannot equitably finance cleanup efforts or solve this disturbing national problem.

Based on its “Perfect Storm” research findings, Energy Futures has developed policy recommendations as the national debate about how to combat growing air pollution at U.S. ports intensifies.

The report urges decision makers to:
- Promote the use of alternative fuels and advanced technologies to reduce air pollution and greenhouse gases
- Develop and Implement a national port clean-up strategy at the federal government level
- Create a national funding mechanism to finance comprehensive port clean-up
- Advocate global environmental standards in the international arena, and
- Create a global clearinghouse of information about port clean-up efforts.

See the Source:
Energy Futures - U.S. Container Ports and Air Pollution: A Perfect Storm

Find out:
How to reduce diesel particulate pollution using diesel particulate filters from CleanAIR Systems

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Rule Clarification for EPA's New Source Review Program for Industrial Facilities

EPA has issued a final rule to clarify when industrial facilities making changes to equipment or processes may need to retain records documenting their emissions even if the changes do not trigger Clean Air Act New Source Review (NSR) permitting requirements.

The rule clarifies when facilities must keep records and report emissions when a "reasonable possibility" test shows that projected emissions increases could equal or exceed 50 percent of the Clean Air Act's NSR significant levels for any pollutant. This rule does not change permitting requirements.

The "reasonable possibility" test examines the difference between a project's baseline emissions and the sum of emissions projected to result from the project and emissions attributable to independent factors such as growth in market demand.

NSR significant levels are pollutant-specific emission rates (in tons per year) that are used to determine when a project is subject to NSR permitting requirements. Today's rule will help EPA and state and tribal permitting authorities track projects, using information on emissions that could exceed significant levels.

See the Source:
EPA - New Source Review

Find out:

How to lower NOx emissions using selective catalytic reduction catalysts.

Real-World Studies Show Air Pollution Lowers Lung Function

Two real-world studies recently reported in the New England Journal of Medicine show that increased exposure to traffic heavy with diesel exhaust has a measurable effect on lung capacity.

The Swiss study conducted over an 11-year period showed that breathing cleaner air resulting from a cut in air pollution through the enforcement of stricter environmental laws, added an extra year of healthy breathing to test subjects. The London study examined 60 asthmatic adults as they took 2-hour walks. The subjects walked along a busy London street filled with exhaust or in a traffic-free park. Lung function decreased by 5-6 percent after being exposed to traffic emissions.

It appears from the studies that a decrease in exposure to particulate matter, a component of diesel exhaust, and breathing cleaner air reduces the aging affect on the lungs.

See the Source:

The China Post

U.S. News & World Report

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Find out how to reduce diesel particulate emissions by retrofitting with diesel particulate filters.

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air pollution

New Mexico Leads the Fight Against Global Warming with Clean Car Program

New Mexico has become the first Intermountain state to implement the Clean Car program after the state's Environmental Improvement Board voted on November 27th to approve the regulations addressing climate change by reducing greenhouse gas emissions from cars.

The program goes into effective Jan. 1, 2008, requiring car manufacturers to sell and lease vehicles that meet the standards beginning with model year 2011. The program only applies to new vehicles and will not affect new or used cars sold before that model year.

“The Clean Cars Program is a key part of our state’s effort to reduce global warming emissions to the levels necessary to avoid the worst effects of a warming planet,” said Governor Richardson. “Today’s decision by the Environmental Improvement Board means New Mexico can implement the cleanest standards for vehicle emissions in the country. New Mexico is again taking action, when Washington won’t.”

“New Mexico is taking deliberate steps to protect the environment from the effects of global warming for future generations because the EPA has failed to do so,” Governor Richardson said. “I believe other intermountain states will take New Mexico’s lead and implement the program as well. Reducing greenhouse gas emissions from cars and demanding vehicles with a cleaner carbon footprint will help states reverse the effects of global warming – one of the most important issues of our time.”

“The Clean Car standard will help protect our state from the effects of climate change, including public health concerns, increasing temperatures and lessening snow pack and stream flows.” said New Mexico Environment Department Secretary Ron Curry. “Under Governor Richardson's administration, we will continue to fight to make New Mexico a role model in combating climate change. The Clean Car program is a major step forward that will improve our air quality, reduce greenhouse gas emissions and lessen our dependence on foreign oil.”

The program requires reductions in tailpipe emissions to reduce air pollution, overall reduction of greenhouse gas emissions from vehicles sold in the state and sales of some Zero Emission Vehicles in the state. The program regulates emissions of non-methane organic gases, carbon monoxide, oxides of nitrogen, particulate matter and greenhouse gases. Greenhouse gases include carbon dioxide, methane, nitrous oxide and air conditioning refrigerants. Under the program, consumers will be able to purchase the same cars and light trucks but those vehicles will be manufactured slightly differently to reduce air pollution from the vehicle’s tailpipe and gain greater fuel economy. Studies of the program show that upfront costs for clean cars are more than made up for in fuel efficiency.

"The Clean Car Program now has a foothold across the nation," said Environmental Improvement Board Chairwoman Gay Dillingham. "This is a tremendous opportunity for our country and American manufacturers to take back the lead in environmental protection and innovation reminiscent of the 1970s when Congress passed the Clean Air Act and car production and sales in this nation were at historic highs. I applaud the Governor’s visionary leadership on global warming as exemplified by the clean car regulations. From the testimony in this hearing I can say the American people are overwhelmingly asking for this leadership and these regulations.”

The Climate Change Advisory Group -- including representatives from various industries, oil and gas companies, utilities, environmentalists, the labs, universities and local governments -- recommended the program as one of the most affordable ways to reduce greenhouse gas emissions in New Mexico. The Governor then directed the department to present a proposal to adopt the California Clean Car standard to the EIB before the end of the year. The Clean Air Act requires that manufacturers have a two year lead time before implementing the rule. The rule will be effective January 1, 2008 and with the required lead time, will be fully implemented in model year 2011. That model year is the same as calendar year 2010.

Transportation, which accounts for about 17 percent of New Mexico’s greenhouse gas emissions, is the third largest and fastest growing source of greenhouse gas emissions in the state. In adopting the program, New Mexico joins 11 other states representing more than 35 percent of the American population — about 104 million people and about 78 million potential car buyers.

In the Four Corners region, Arizona and Utah are also committed to adopt those standards and Colorado is considering it. Under Governor Richardson’s administration, New Mexico also joined nine states and provinces in the Western Climate Initiative, which commits those states to Clean Cars as part of a collaborative regional effort.

Governor Richardson recently joined 13 governors in calling on automobile manufacturers to produce cars with a cleaner carbon footprint, withdraw legal challenges to clean vehicle standards, and begin working with the states to reverse the threat of global warming. New Mexico was also the first state in the nation to join the Chicago Climate Exchange and the first major energy state to fight climate change.

See the Source:

New Mexico Environment Department

Find out:

About CleanAIR Systems, an emissions control manufacturer based in New Mexico.

global-warming

emission standards

Hot Off the PDF Press: CleanAIR Systems’ Emissions and Product Guidebook

Environmental consultants and equipment dealers for diesel powered engines know the importance of emissions control regulations. So does CleanAIR Systems. Today’s air quality standards are tough and getting tougher. With daily changes being made to CARB and EPA rulings, it’s hard to keep up-to-date and informed. To make the job less demanding, CleanAIR Systems, a leading manufacturer of emissions control technology, has compiled a free 60-page, PDF e-book entitled the Emissions and Product Guidebook.

Distributed as a no-cost service to qualified consultants and dealers, the hyperlinked Emissions and Product Guidebook includes:
- Current regulatory information, emissions summary charts and resource links from the California - Air Resources Board (CARB) and the Environmental Protection Agency (EPA)
- A glossary on emissions control technology
- FAQs related to emissions control
- An extensive directory of abbreviations and acronyms related to air pollution
- A directory of California Air Quality Agencies
- Current EU regulations
- Product cut-sheets from CleanAIR Systems

Environmental and engineering consultants, as well as equipment dealers, often face the task of bringing a client into compliance with air quality standards. From identifying regulatory requirements to analyzing possible emissions control technologies to implementing long-term strategies, the job can be daunting. By publishing the easy-to-use Emissions and Product Guidebook, CleanAIR Systems hopes to make the task less time-consuming and problematic.

To request the Emissions and Product Guidebook go to http://www.cleanairsys.com/emissionsguide/contact.asp.

Those who sign-up to receive the Guidebook will also be emailed future updates as part of the free service from CleanAIR Systems.

About CleanAIR Systems:
CleanAIR Systems is a technology-based corporation manufacturing emissions control systems with worldwide distribution. Their products are designed to control air pollution such as diesel particulate matter and NOx, for on- and off-road vehicles, as well as stationary machinery and power generation. Visit CleanAIR Systems online at http://www.cleanairsys.com/.

air pollution
emissions control

ARB Credits Local Air District for Stationary Source Program Improvements

Regulators now must tackle land use, trucks, agricultural equipment and promote new technologies

SACRAMENTO – The California Air Resources Board issued a report today that concluded the San Joaquin Valley Air Pollution Control District has improved significantly over the past several years and now regulates all stationary sources of pollution that fall under its purview.

ARB staff conducted the analysis after being directed by the Board in June to work with stakeholders via the San Joaquin Valley Air Quality Task Force to identify new measures that could be undertaken to clean up Valley smog sooner. ARB staff has since met with the task force five times throughout the Valley and held three community meetings to solicit additional input from residents.

"We have a typical good news/bad news story here: the good news is that the local air district is doing its part to regulate local pollution sources. The bad news is that the remaining areas still needing some work – trucks, agricultural equipment and suburban sprawl – will be thorny issues with no real easy answers," said ARB Chairman Mary Nichols. "ARB can commit to reducing emissions from agricultural equipment and trucks but local officials need to take charge of their growth. We owe it to Central Valley residents to continue to search for solutions to clean up their air."

Last month, ARB committed to actions that would take the Valley 90 percent of the way to attainment with federal ozone standards by 2018. The state improved earlier attainment plans by adopting a new regulation for off-road construction equipment that the local air district can tailor for its needs, as well as proposing other new measures for trucks and agricultural equipment that will help clean the Valley’s air. To close the final 10 percent gap, regulators will need to look into ways to reduce pollution from agricultural operations and via local land use planning efforts.

The Air Resources Board will consider a proposal to regulate farm equipment such as tractors and combines in 2009. In the meantime, the Board is requesting the local air district to work with the Valley’s Councils of Governments to devise a strategy that addresses pollution from sprawl that leads to increased miles travelled and overall sustainability.

Finally, ARB staff outlined recommendations for the San Joaquin Valley Air District, which included among others, to raise its cost-effectiveness thresholds for Best Available Control Technology for new sources to be in line with other air districts, to widen its search for cutting-edge technologies by looking beyond the Valley for innovative technology applications, and to continue its local task force with expanded purview to add industrial as well as mobile sources.

ARB and local air district staff are working with the U.S.

Environmental Protection Agency to hold a technology forum at UC Merced next spring since emerging environmental innovations will also play a key role in reducing local pollution in the coming years.

The Air Resources Board will hear today’s staff report and recommendations at next week’s hearing in Sacramento.

See the Source:
ARB's staff report: Accelerating San Joaguin Valley Air Quality Progress

Find out:
How to reduce emissions of particulate matter from stationary engines by more than 85%

air pollution

Air Quality Officials Reach Agreement on Emission Reduction Measures

State and Southland air quality officials have announced an historic agreement to reduce pollution from diesel trucks, commuter trains, construction equipment and the ports to meet a federal health-based clean air deadline in 2015.“This agreement signals the dawn of a new day in cooperation between state and local air quality agencies that will result in cleaner air,” said Mary Nichols, chairman of the state Air Resources Board.

“Two of the most innovative air quality agencies in the world have joined forces to mount some of the most aggressive measures ever proposed in order to address the Southland’s air quality needs,” said Roy Wilson, Governing Board Vice Chairman of the South Coast Air Quality Management District (AQMD).

The two agencies, along with leaders of the Southern California Association of Governments (SCAG), have reached agreement on measures to reduce 76 tons per day of oxides of nitrogen (NOx), a building block to fine particulate pollution. The reductions are essential to meet the federal government’s 2015 deadline for achieving the health-based standard for fine particulates, known as PM2.5.

“This will provide a rapid response to the many adverse health impacts caused by today’s level of air pollution,” said Gary Ovitt, president of SCAG’s Regional Council and an AQMD Governing Board Member.

The pollution cuts will be achieved by stringent mandatory regulations as well as incentive programs. The agreement calls upon federal, state and local governments to do their part in cleaning the Southland’s air.The programs will include:

- ARB strengthening its control measures by requiring a comprehensive modernization of private and port heavy-duty truck fleets in the region. The measures will reduce 27 tons per day of NOx by 2014, equivalent to replacing all pre-2006 trucks with those meeting stringent 2007 standards.

- The region asking the federal government to reduce locomotiveemissions prior to 2014 or provide funding for California air quality officials to achieve equivalent reductions. This item calls for NOx emission reductions by 10 tons per day.

- An AQMD measure to control pollution from commercial charbroilers and wood burning to reduce particulate pollution by an amount equivalent to 11 tons per day of NOx.

- The region requesting local governments to dedicate about 40 percent of vehicle registration fees they receive for air pollution-related programs – about $10 million per year – specifically to reduce pollution from heavy-duty trucks and other equipment. It would reduce NOx emissions by about 4 tons per day.

- ARB and AQMD seeking $50 million in additional incentive funds to retrofit Metrolink commuter locomotives with pollution control devices and to further reduce emissions from port-related and other mobile sources. It would reduce NOx emissions by 6 tons per day.

- AQMD achieving an additional 12 tons per day of NOx reductions by opting in to a more stringent version of a statewide ARB rule reducing pollution from construction and other off-road equipment.

- ARB achieving 3 tons per day of NOx reductions from measures principally designed to reduce greenhouse gases under AB 32.

- AQMD recognizing an additional 3 tons per day of NOx reductions from funded Carl Moyer projects.

ARB’s Board will meet on September 27 at AQMD headquarters in Diamond Bar to consider approving the new measures as part of AQMD’s 2007 Air Quality Management Plan and ARB’s State Implementation Plan.

The Southland has the worst PM2.5 air pollution in the country. The pollution is comprised of microscopic particles at least 30 times smaller than the width of a human hair – some so small they pass from lung tissue directly into the human bloodstream and circulate throughout organs in the body. ARB estimates that PM2.5 pollution in the Southland is responsible for as many as 5,000 premature deaths per year.

The measures agreed on this month by the agencies’ staffs provide the missing piece of the puzzle in an overall plan to meet the federal PM2.5 standard by 2015. The federal government requires that reductions be in place by 2014. Regulations already adopted will reduce NOx emissions from about 1,000 tons per day today to 654 tons per day in 2014.

AQMD’s 2007 Air Quality Management Plan calls for a further 200 ton-per-day reduction to a final level of 454 tons per day in 2014. Until this month, air quality officials could only identify about 137 of the 200 tons of needed emission reductions. AQMD is the air pollution control agency for Orange County and major portions of Los Angeles, San Bernardino and Riverside counties.

The Air Resources Board is part 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.

States, Enviros Sue EPA Over Cement Factory Emissions

ALBANY, New York – February 21, 2007 -- New York Attorney General Andrew Cuomo today announced a multi-state legal challenge to the U.S. Environmental Protection Agency, EPA, for adopting a rule that refuses to regulate mercury and other pollutants from existing portland cement plants.

The states seek to have a federal court overturn the rule by finding that it violates the Clean Air Act.

A petition, signed by nine states, was filed today in the U.S. Court of Appeals for the District of Columbia Circuit. The states joining New York in the petition are Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, and Pennsylvania.

Portland cement is the primary cement used in building projects and road construction. It is produced throughout the United States. Collectively, these cement plants are a major source of mercury emissions nationwide.

The federal Clean Air Act requires the EPA to set standards for various hazardous air pollutants, including mercury, based on the performance of the cleanest 12 percent of existing plants.

The EPA’s rule would exempt existing portland cement plants from having to do anything to lower their emissions of mercury and other hazardous air pollutants.

The Environmental Protection Agency’s (EPA) refusal to set emission standards for portland cement plants leaves a significant source of mercury pollution in the United States unregulated.

Mercury in the environment is blamed for neurological disorders, learning disabilities, and, in certain high dosage cases, even death. Recent studies suggest that mercury exposure may also contribute to adult cardiovascular problems. In addition, mercury contamination in many water bodies has led to the issuance of fish consumption advisories across New York State.

This will be the second time that the EPA has been challenged over its failure to set mercury pollution standards for the portland cement industry. In 2000, the U.S. Court of Appeals for the District of Columbia Circuit directed the EPA to set mercury standards. The EPA has since ignored the court’s ruling.

'It is shameful that the Bush Administration’s EPA continues to abdicate its responsibility to protect public health and the environment. This coalition of states is resorting to the federal courts in an effort to compel the EPA to follow the law and establish limits for the most dangerous pollutants,' said Cuomo.

'This is just another instance in a long line of examples of the Bush Administration caving to industry lobbyists at the expense of the health concerns of ordinary citizens.'

On Friday in the same court, environmentalists brought their own lawsuit against the EPA for its latest refusal to limit cement kilns' mercury emissions.

Earthjustice is representing Sierra Club, the Texas group Downwinders At Risk, the Huron Environmental Activist League from Michigan, Friends of Hudson from New York, California's Desert Citizens Against Pollution, and Montanans Against Toxic Burning in the lawsuit.

'Once again the EPA has failed to put public health first,' said Carl Pope, Sierra Club executive director. 'The agency ignored the law. They have ignored the courts and they have ignored public health for too long.'

The agency estimates that 118 cement kilns emit over 11,000 pounds of mercury each year, making cement kilns one of the largest sources of mercury pollution.

The nation's single largest mercury polluter of any kind is a cement kiln in southern California, which emitted over 2,500 pounds of mercury in 2004.

See the Source:
Environment News Service

DOE Funds Projects Geared Toward Near-Zero Emissions Power Production

Washington, DC - The Department of Energy announced in December the selection of five projects totaling nearly $12 million targeting cost-effective technologies to improve the performance and economics of near-zero emission, coal-based power generation systems.

Developed for the Office of Fossil Energy's Advanced Research program, the projects focus on identifying technologies that address physical, chemical, biological and thermodynamic constraints in the cross cutting technology areas of instrumentation, sensors and control systems, materials, and computational energy sciences. DOE is providing more than $9.3 million in funding while industry is contributing more than $2.3 million. The projects range from 24 to 36 months in duration.

The research will continue to emphasize many of President Bush's energy goals of addressing global climate change, enhancing energy security, ushering in a hydrogen economy, and building the FutureGen plant. Cumulatively, the results will meet the efforts to develop the power generation systems of the future.
The projects are described below:

ALSTOM Power, Inc. (Windsor, Conn.) will develop computational process models and a process dynamic simulator to investigate and develop advanced sensing and control systems for hybrid combustion-gasification chemical looping. Their work hopes to achieve a more reliable, economical and emissions-optimized future plant process. (DOE share: $1,198,998; industry share: $299,750; duration: 24 months)

Babcock & Wilcox Company (Barberton, Ohio) will develop comprehensive modeling focused on predicting the corrosion rates of boiler tubes under low-NOx corrosion. Eight common coals will be tested and the intention is to accurately estimate the corrosion rates of boiler tubes using different variables including chemicals and temperature. (DOE share: $2,103,543; industry share: $525,884; duration: 36 months)

General Electric (Niskayuna, N.Y.) will perform computer modeling research focused specifically on coal gasification plants and will install and develop a harsh environment sensor package at the Tampa Electric Company Polk Power Station. The collected temperature data will be used for model validation. (DOE share: $2,427,588; industry share: $606,897; duration: 36 months)

Electric Power Research Institute (Palo Alto, Calif.) will develop advanced nanostructure coatings to significantly improve corrosion and erosion performance of tubing used in boiler applications. The coatings will undergo testing in simulated boiler environments using coals from three different regions. EPRI's partners include the Southwest Research Institute, Foster Wheeler North America Corp. and Applied Films. (DOE share: $1,994,828; industry share: $498,708; duration: 36 months)

University of Colorado at Boulder (Boulder, Colo.) will develop a gas-solid model, using new methodologies tailored to polydisperse systems, targeted specifically at materials with differences in size and/or density. Novel aspects include incorporating the effects of random particle motion between systems. (DOE share: $1,594,175; industry share: $402,995; duration: 36 months)

See the Source:
Department of Energy

Find out:
About new low-temperature selective catalytic reduction technology from CleanAIR Systems to lower NOx emissions from power plants.

Ohio Plant Fined $750,000 for Air Pollution Violations

Company Also to Cut Future Emissions

(Washington, D.C. - Feb. 6, 2007) A Cincinnati-area nitric acid production facility will pay $750,000 in civil penalties to settle violations of the New Source Review (NSR) provisions of the Clean Air Act uncovered by EPA. The parent companies also agreed to install state-of-the-art pollution control equipment at the facility that will reduce nitrogen oxides (NOx) emissions by more than 200 tons per year.

EPA issued Notices of Violation to Agrium US Inc. and Royster-Clark Inc. in October 2006 for making construction modifications to a North Bend, Ohio, facility in the mid-1990s without first obtaining necessary federal pre-construction permits and installing the required pollution control equipment. The un-permitted modifications caused the facility to emit more NOx than allowed by federal law.

"This company increased its profits by ignoring environmental laws," said Granta Nakayama, EPA's assistant administrator for enforcement and compliance assistance. "The EPA will continue enforcing against companies that refuse to comply with regulations intended to protect public health and our air, water and land."

The facility releases NOx as part of its nitric acid production process. Nitric acid is used to make fertilizer, explosives and organic chemicals.

NOx causes severe respiratory problems, contributes to childhood asthma, acid rain, climate change, smog and haze, and impairs visibility in national parks. Emissions from nitric acid plants can be carried significant distances downwind, causing air quality problems in nearby states.
The Clean Air Act requires that major sources of air pollution must first obtain a permit before making any changes that would result in a significant emissions increase of any pollutant. EPA's regulations ensure that air quality is not significantly degraded from the addition of new and modified factories, industrial boilers and power plants.

EPA's national goals include focusing on improving compliance among certain industries with significant potential for environmental harm due to air emissions. These industries include the acid production, cement manufacturing, and glass manufacturing facilities.

Agrium, a Colorado corporation, purchased the plant from Royster-Clark, a Delaware corporation, last September.

The settlement will be filed with the Southern District Court of Ohio for 30 days to allow for public comment. The companies are required to pay the penalty within 30 days after the court approves the settlement.

See the Source:
Agrium/Royster-Clark Clean Air Act settlement
EPA, Reporting air and water violations

Find out:
About CleanAIR’s SCR Catalyst to reduce nitrogen oxides

Companies Commit to Saving Climate

Paris, France – Twelve major corporations taking part in WWF’s Climate Savers Programme are on course to eliminate at least ten million tons of CO2 emissions annually by 2010. If an additional 1,300 large companies join them, current emission reduction targets set out in the Kyoto Protocol could be achieved, says WWF.

“Fighting climate change can provide business opportunities and spur innovation and jobs in all parts of the world,” says Hans Verolme, Director of WWF’s Global Climate Change Programme.

“The Climate Savers companies show that sustainable development is not an academic concept but something that can be tackled with a profit – for nature, for society, but also for the companies themselves.”

All 12 companies have pledged to considerably reduce their absolute carbon emissions. Most found that reducing emissions makes business sense.

"Lafarge made its climate savers commitment to reduce its CO2 emissions back in 2001,” says Bruno Lafont, CEO of Lafarge, a world leader in building materials. “Since then, we have worked hard to extend this initiative within the cement sector and we are pleased that a number of other major cement players have decided to commit themselves as well."

Sony is another international company that is part of the WWF Climate Savers Programme.
"We believe it is crucial to keep global warming below the 2°C danger threshold,” says Serge Foucher, Executive Vice President of Sony Europe GmbH. “We hope to prove that joint action across the globe can actually achieve this. Sony has committed not only to reduce greenhouse gas emissions from its own facilities globally, but also to improve the energy efficiency of its products.”

At WWF's Climate Savers conference, taking place in Paris from 1–2 February, sportswear manufacturer Nike received an award for having reached its CO2 reduction target.

“Participation in Climate Savers enabled us to get an early start on an issue that has major consequences for business and society,” says Sarah Severn, Director of Nike's Corporate Responsibility Horizons. “We have found that constraints can lead to tremendous innovation and despite growth in our owned and managed operations we have become more efficient with our energy use. Our next steps will be partnering with suppliers to further reduce our manufacturing and logistics climate footprint.”

A statement released the conference indicated that solutions to climate change do exist:
“As members of the WWF Climate Savers Programme we have gained significant experience in past years and learned that we can reduce the climate change footprint of our companies and remain viable as businesses at the same time.”

The conference was organized by WWF as an opportunity for these firms to show other corporations the way forward to reduce absolute carbon emissions. WWF continues to urges lawmakers and corporate executives around the world to move now and reduce absolute CO2 emissions.

END NOTES:

• The WWF Climate Savers conference is taking place as policymakers meet in Paris (from 29 January to 1 February) for a meeting of the Intergovernmental Panel on Climate Change (IPCC).

• World emissions in 1990 were at 22 billion tons of CO2 (Source: CAIT 4.1). The Kyoto reduction target determines that the 35 industrialised countries named in Annex B of the protocol need to reduce 5 per cent of global emissions from 1990 levels. That is 1.1 billion tons of CO2. Twelve WWF Climate Savers companies have reduced 10 million CO2 — an average of 833,333 tons per company. To achieve the 1.1 billion tons reduction on that average base, 1,320 large companies would have to make similar efforts.

• As part of its Climate Savers Programme, WWF has agreements with numerous cutting-edge corporations committed to innovative emission reductions. The companies include: Johnson & Johnson, IBM, Nike, Polaroid, Collins, Xanterra (United States), Sagawa, Sony (Japan), Lafarge (France), Catalyst (Canada), Tetra Pak (Sweden), and Novo Nordisk (Denmark).

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WWF International

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How CleanAIR Systems is committed to a cleaner environment by reducing emissions.

PennFuture, EIP Reach Agreement with Allegheny Power to Clean Up Hatfield's Ferry Plant in PA

PennFuture and the Environmental Integrity Project announced a settlement of its lawsuit against Allegheny Power for violation of soot and particulate matter standards at the Hatfield's Ferry Plant in western Pennsylvania. The agreement requires immediate steps to reduce sooty discharges through flue gas conditioning and other measures, and will further reduce particulate matter through installation of a scrubber no later than June 30, 2010. The settlement is expected to ultimately save over 200 lives and $1.2 billion in health costs annually by reducing exposure to fine particle pollution that triggers asthma attacks and premature death from heart disease

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The Environmental Integrity Project
PennFuture

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How to reduce soot and particulate pollution using the CleanAIR PERMIT Filter.

Legal Action Filed to Halt 'Fast-Tracking' of Texas Coal-Fired Power Plants

Major New Challenge to Governor's Attempt to Short-Circuit Full Public Review of Health, Environmental, and Pollution Control Issues in the Permitting Process

AUSTIN, Texas, Dec. 27 -- The Sierra Club, represented by the Austin office of Environmental Integrity Project (EIP), took legal action today to stop the "unprecedented, unreasonable, and ...illegal" plan by Governor Rick Perry to "fast track" administrative hearings for construction of up to 18 dirty coal-fired power plants in the state. Most of the plants in question are being proposed by the Dallas-based utility giant TXU.

EIP Austin Office Counsel Ilan Levin filed the petition on behalf of the Sierra Club to intervene in a state district lawsuit originally brought by Environmental Defense over the processing of coal plant permits. Today's legal action by Sierra Club stems from a recent state agency decision to consolidate six proposed TXU coal plant permits into one hearing, and to set those permits for a speedy decision. The lawsuit seeks to halt Perry's controversial executive order of October 27, 2005, directing the Texas Commission on Environmental Quality (TCEQ) to accelerate consideration of permit applications and the Texas State Office of Administrative Hearings (SOAH) to issue unusually fast decisions on air pollution permits for new electric power plants.

EIP Austin Office Counsel Ilan Levin said: "Today, Sierra Club is asking a judge to overturn a Governor's executive order that imposes unfair burdens on regular people simply trying to avail themselves of the common-sense environmental protections built into state and federal laws. We're saying that speeding up the required decision process for major new sources of smog and other air pollution is illegal and unfair, especially to citizens trying to participate."

Rita Beving, Conservation Co-Chair for the Dallas Sierra Club Group, whose area's air quality would be impacted by coal plant emissions, said: "This legal action is a critical step in the fight by Texas citizens to assert their rights to protect their health and environment from an ill-considered rush to permit these polluting coal-fired power plants, whether we need them or not. The tragedy is that we could meet our energy needs through greater efficiency and renewable energy, without subjecting our cities to further air pollution from coal plants."

The lawsuit notes: "The executive order imposes an unreasonable schedule to thoroughly develop the required technical and legal issues for one major air permit of the type being considered, let alone six of them ... The Governor's Executive Order RP 49 infringes on the rights of Texas citizens to participate meaningfully in the environmental permitting arena.

The right of any affected party to participate in agency permitting decisions is rooted in the constitutional right to due process. The Governor lacks authority to unilaterally alter this system. Further, the Governor lacks the authority to dictate to an administrative law judge exactly how much time is allowed for a judicial administrative decision, and to do so violates the doctrine of separation of powers."

The Perry fast-tracking scheme has huge consequences. The Sierra Club petition notes: "To put the magnitude of the six TXU permits in context, it is worth noting the additional greenhouse gases associated with these new coal plants. While not addressed in the permits, the new units will emit an additional estimated 51 million tons of carbon dioxide per year into Texas skies. In 2005, all existing Texas power plants emitted 255.4 million tons of carbon dioxide."

The Sierra Club contends that a full and deliberate hearing process on each of the power plant applications is crucial due to the serious health and environmental consequences associated with coal-fired power plants, such as increased sulfur dioxide, nitrogen oxides and mercury pollution.

For example, the legal filing points out: "Sulfur dioxide ... interacts with nitrogen oxides to form nitric and sulfuric acids, commonly known as acid rain, which damages forests and acidifies soil and waterways. Harvard School of Public Health studies have shown that SO2 emissions from power plants significantly harm the cardiovascular and respiratory health of people who live near the plants. According to U.S. EPA studies, fine particle pollution from power plants causes more than 20,000 premature deaths a year."

On the topic of mercury pollution, the EIP/Sierra Club petition notes: "Coal-fired power plants are the single largest source of mercury air pollution, accounting for roughly 40 percent of all mercury emissions nationwide. Mercury is a highly toxic metal that, once released into the atmosphere, settles in lakes and rivers, where it moves up the food chain to humans. The Centers for Disease Control has found that roughly 10 percent of American women carry mercury concentrations at levels considered to put a fetus at risk of neurological damage."

Another major pollutant -- nitrogen oxide -- is a major contributor to ozone smog-forming pollution, which has been a major problem for ambient air quality in the Dallas/Fort Worth and Austin areas.

Usually each power plant application would be considered separately with a full review of the risks associated with its additional pollution impact. The new plants also would be examined to verify that that are using the best available technology in order to not degrade air quality.

ABOUT THE GROUPS
Sierra Club is one of the oldest and largest grassroots environmental organizations in the country. The Club has more than 700,000 members nationwide, and roughly 23,000 Texas members. The Sierra Club is dedicated to preserving and enhancing the natural environment and protecting public health, among other goals. The Sierra Club has the specific goal of improving outdoor air quality. The Sierra Club is a party in administrative proceedings that are at issue in this litigation.

With offices in Washington, D.C. and Austin, Texas, the Environmental Integrity Project (http://www.environmentalintegrity.org/) is a nonpartisan, nonprofit organization established in March of 2002 to advocate for more effective enforcement of environmental laws. EIP was founded by Eric Schaeffer, who was director of the U.S. Environmental Protection Agency's Office of Regulatory Enforcement. He resigned in 2002 after publicly expressing his frustration with efforts of the Bush Administration to weaken enforcement of the Clean Air Act and other laws.

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About selective catalytic reduction to reduce emissions of NOx.

EPA Seeks Additional Toxic Emissions Reductions

To provide incentives for reduced air toxic emissions, EPA is proposing to amend what are known as the "General Provisions" to its air toxics standards. The proposed amendment would encourage industrial facilities to reduce air toxics emissions so they are no longer considered a "major source" of air pollution.

Major sources have the potential to emit more than 10 tons per year of a single toxic air pollutant or 25 tons per year of any combination of toxic air pollutants. If a source emits less than these amounts, they are called an area source.

The proposed amendment would allow a major source to become an area source at any time by limiting its potential to emit toxic air pollutants to below the major source thresholds. The limit would be enforced through a permit. Once a major source becomes an area source, it would be subject to an area source standard if there is one for that industry.

The United States has made significant progress in reducing air toxics from industry, fuels and vehicles, and indoor sources. Since the Clean Air Act was amended in 1990, EPA has issued 96 standards for 174 different types of industrial sources of air toxics, including chemical plants, oil refineries, aerospace manufacturers and steel mills. The agency also has issued regulations for 21 categories of smaller sources, such as dry cleaners, commercial sterilizers, secondary lead smelters and chromium electroplating facilities. Together, these standards are projected to reduce annual emissions of air toxics by about 1.7 million tons from 1990 levels when fully implemented.

EPA will accept comments for 60 days after the proposal is published in the Federal Register. Read the fact sheet on this action: http://www.epa.gov/ttn/oarpg/t3/fact_sheets/OIAIpropfs.html

Read the proposal: http://www.epa.gov/ttn/oarpg/t3pfpr.html

EPA Enforcement Cuts Total Pollution by Record 3 Billion Pounds Over Last Three Years

Air Pollution Reductions Alone Result in Health Benefits of $3.5 Billion Yearly

(Washington, D.C. - Nov. 15, 2006) The Environmental Protection Agency has obtained commitments from industry, governments and other regulated entities to reduce pollution by nearly 900 million pounds in fiscal year 2006. Today's report reflects a sustained three-year record of pollution reduction, totaling almost 3 billion pounds, and requiring companies to invest almost $20 billion in pollution control equipment. More than 70 percent of these reductions were achieved by addressing high-priority air and water pollution challenges.

"Today's results show that we are making significant progress in protecting the environment and public health," said Granta Y. Nakayama, EPA's assistant administrator for Enforcement and Compliance Assurance. "EPA is encouraging environmental stewardship and vigorously enforcing our laws in order to deliver current and future generations a cleaner, healthier America."

As a result of criminal enforcement actions completed this year, defendants will serve 154 years in jail and pay almost $43 million in fines, as well as another $29 million for environmental projects imposed as part of the sentences. EPA's civil enforcement program also demonstrated strong results this year by concluding a total of 173 judicial cases, 4,624 final administrative penalty order settlements, and resolving self-disclosed violations for 1,475 facilities. EPA referred 286 civil cases to the U.S. Department of Justice, the highest total in five years.

As a result of EPA's Superfund enforcement actions, parties held responsible for pollution will invest $391 million to clean up 15 million cubic yards of contaminated soil and approximately 1.3 billion cubic yards of contaminated groundwater at waste sites. On top of paying penalties in 2006, regulated entities will also be required to invest $4.9 billion to reduce pollution and achieve compliance with environmental laws.

EPA's enforcement program targeted significant environmental problems facing the country, including harmful air emissions, noncompliance at petroleum refineries and water pollution. EPA's top air enforcement actions will result in reductions in harmful air emissions totaling 379 million pounds of sulfur dioxide and 92 million pounds of nitrogen oxides annually. When fully implemented, the annual human health benefits from these air emission reductions are valued at $3.5 billion. These health benefits include reducing about 500 premature deaths in people with heart or lung disease, prevention of hundreds of cases of bronchitis and nonfatal heart attacks, as well as thousands of cases of respiratory ailments, including aggravated asthma.

As a result of EPA's work to reduce pollution from petroleum refineries, 85 refineries, representing 77 percent of domestic refining capacity, are now subject to enforceable orders and consent decrees, and negotiations are ongoing with refiners representing an additional 11 percent of capacity. EPA's priority efforts to control overflows from sewers and runoff from storm water and concentrated animal feeding operations resulted in a more than 230 million pound decrease in water pollution, including sediment, bacteria, raw sewage, untreated industrial wastes and animal wastes.

More information on EPA's FY 2006 enforcement and compliance program, including details of significant enforcement and compliance activities and data, is available on EPA's fiscal year 2006 enforcement and compliance results: http://www.epa.gov/compliance/data/results/annual/fy2006.html

Help EPA protect our nation's land, air and water by reporting violations: http://www.epa.gov/tips