The EPA has now made online access to the Chemical Substances Inventory (CSI) free to the public. This should be the starting point for anyone wishing to obtain information on a specific chemical.

Excerpt from the EPA's news release:

FOR IMMEDIATE RELEASE:
March 15, 2010
EPA Makes Chemical Information More Accessible to Public
For the first time, TSCA chemical inventory free of charge online

WASHINGTON– As part of Administrator Lisa P. Jackson’s strong commitment to increase information on chemicals, for the first time, EPA is providing web access, free of charge, to the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. This inventory contains a consolidated list of thousands of industrial chemicals maintained by the agency.  EPA is also making this information available on Data.Gov, a website developed by the Obama Administration to provide public access to important government information.  This action represents another step to increase the transparency of chemical information while continuing to push for legislative reform of the 30 year old TSCA law.
...
Until now, the consolidated public portion of the TSCA Inventory has only been available by purchase from the National Technical Reports Library or other databases.  By adding the consolidated TSCA Inventory to the Agency’s website and to Data.Gov, EPA is making this information readily available to the public at no cost. 

Currently, there are more than 84,000 chemicals manufactured, used, or imported in the listed on the TSCA Inventory. However, EPA is unable to publicly identify nearly 17,000 of these chemicals because the chemicals have been claimed as confidential business information under TSCA by the manufacturers.  Under Administrator Jackson’s leadership, EPA has already begun a series of aggressive steps to provide greater transparency on chemical risk information, including an announcement in January that signaled EPA’s intent to reduce a certain type of confidentiality claim, or Confidential Business Information (CBI) claim, on the identity of chemicals

In the coming months, EPA will take further steps to increase transparency and make more information available to the public, including adding TSCA facility information, and the list of chemicals manufactured to the Facility Registry System (FRS). FRS is an integrated database that provides the public with easier access to EPA’s environmental information and better tools for cross-media environmental analysis. The addition of TSCA facility and chemical databases to FRS will provide the public with information on the facilities in their communities using industrial chemicals.

For information about EPA’s increasing transparency on chemical risk information see http://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/631cf22eb540c4db852576b2004eca47!OpenDocument
For access to the entire TSCA Inventory, please visit
http://www.epa.gov/oppt/newchems/pubs/invntory.htm

There are now almost 1,300 Superfund sites, and another 1,300 under investigation.  Most of these sites are former industrial processing or disposal facilities with a long history - sometimes stretching back over 100 years - of releases of hazardous materials. The EPA, usually in cooperation with state environmental agencies, investigates potentially contaminated sites and adds them to the National Priorities List (NPL) if they meet certain criteria to fall under CERCLA jurisdiction.

Despite the rather depressing sheer number of contaminated sites, there are still some success stories, as well as new, optimistic proposals for reuse of these sites. One such proposal is to use them, after remediation/removal, for renewable energy projects such as solar or wind farms. (See http://wwwp.dailyclimate.org/tdc-newsroom/2009/10/green-shoots-from-brownfields 

On March 2nd, the EPA announced the addition of the following 10 sites to the National Priorities List:

 

Salt Chuck Mine (Outer Ketchikan County, Alaska)

JJ Seifert Machine (Ruskin, Fla.)

Kerr-McGee Chemical Corp - Jacksonville (Jacksonville, Fla.)

Chemetco (Madison County, Ill.)

Lake Calumet Cluster (Chicago, Ill.)

Gratiot County Golf Course (St. Louis, Mich.)

Kerr-McGee Chemical Corp – Navassa (Navassa, N.C.)

Gowanus Canal (Brooklyn, N.Y.)

Black Butte Mine (Cottage Grove, Ore.)

Van Der Horst USA Corporation (Terrell, Texas)

 

The following eight sites have been proposed as additions to the National Priorities List:

 

Sanford Dry Cleaners (Sanford, Fla.)

St. Clair Shores Drain (St. Clair Shores, Mich.)

Vienna Wells (Vienna, Mo.)

ACM Smelter and Refinery (Cascade County, Mont.)

Wright Chemical Corporation (Riegelwood, N.C.)

Black River PCBs (Jefferson County, N.Y.)

Dewey Loeffel Landfill (Nassau, N.Y.)

Smokey Mountain Smelters (Knox County, Tenn.)


Here is the text of the EPA newsrelease:

FOR IMMEDIATE RELEASE

March 2, 2010

 

EPA Adds Ten Hazardous Waste Sites to Superfund’s National Priorities List

 

Action builds on efforts to clean up our communities

 

WASHINGTON - The U.S. Environmental Protection Agency is adding 10 new hazardous waste sites that pose risks to human health and the environment to the National Priorities List (NPL) of Superfund sites.     The NPL is a listing of priority sites that EPA investigates to determine if actions are needed to clean up the waste. Superfund is the federal program that cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country – protecting the health of nearby communities and ecosystems from harmful contaminants. In addition to the final sites added to the list, EPA is also proposing to add eight sites to the NPL.  

Contaminants found at these sites may pose a wide range of health effects.  The contaminants found include arsenic, benzene, chromium, copper, creosote, cyanide, dichloroethene (DCE), lead, mercury, perchloroethene, polychlorinated biphenyls (PCBs) and selenium, among others.

 

To date, there are 1,279 sites on the NPL (including the 10 new sites added today).  With the proposal of the eight new sites, there are 61 proposed sites awaiting final agency action. There are a total of 1,340 final and proposed sites. 

With all Superfund sites, EPA tries to identify and locate the parties potentially responsible for the contamination to pay for the clean up.  For the newly listed sites without viable potentially responsible parties, EPA will investigate the full extent of the contamination before starting significant cleanup at the site.  Therefore, it may be several years before significant cleanup funding is required for these sites.

Contaminated sites may be placed on the NPL through various mechanisms:

·         Numeric ranking established by EPA’s Hazard Ranking System

·         Designation by states or territories of one top-priority site

·         Meeting all three of the following requirements:

 

-         The Agency for Toxic Substances and Disease Registry (ATSDR) of the U.S. Department of Health and Human Services has issued a health advisory that recommends removing people from the site;

-         EPA determines the site poses a significant threat to public health; and

-         EPA anticipates it will be more cost-effective to use its remedial authority than to use its emergency removal authority to respond to the site.

 

For Federal Register notices and supporting documents for these final and proposed sites: http://www.epa.gov/superfund/sites/npl/current.htm

From the EPA news release:

EPA to Recognize Recovery Act Air Quality Improvement Projects in Charleston, SC

 

Contact: Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

 

(ATLANTA – February 26, 2010) U.S. Environmental Protection Agency (EPA) Assistant Administrator for the Office of Air and Radiation Gina McCarthy will join officials from the S.C. State Ports Authority (SCSPA), S.C. Department of Health and Environmental Control (DHEC), S.C. State Department of Education (SCSDE) and the private sector at an event to illustrate how funds from the American Recovery and Reinvestment Act is being used to improve air quality and create jobs in Charleston, SC.

 

EPA will recognize the Port of Charleston for using ARRA funds to repower and retrofit cargo handling and other diesel equipment at the Port of Charleston.  SCSDE will be recognized for using ARRA funding to replace old school buses with new low emission hybrid buses and retrofit existing buses with cleaner technology. The event also will include a tour and demonstration of how filters will be installed on buses, trucks and other diesel engines to reduce the amount of harmful soot particles in the air.

 

 

Who:              Gina McCarthy, EPA Assistant Administrator for the Office of Air and Radiation 

                        Stanley A. Meiburg, EPA Acting Regional Administrator

Jim Newsome, President & CEO, South Carolina State Ports Authority

Myra Reese, Bureau Chief of Air Quality for SC Department of Health and Environmental Control

Betsy Carpentier, Deputy Superintendent for SC State Department of Education

 

What:              American Recovery and Reinvestment Act Project Recognition Event

 

When:             Tuesday, March 2, 2010 from 11:00 a.m. until 3:30 p.m.

 

Where:            Wando Welch Terminal

400 Long Point Road

Mount Pleasant, SC

 

 

PLEASE NOTE: Advanced security clearance is required for access to port facilities.  All media attending the event will need to provide (1) name, (2) date of birth and (3) drivers license number/state issued to Allison Skipper (askipper@scspa.com) no later than 4 p.m. on Monday, March 1. Thank you for your cooperation!

You can sign up for EPA news releases at:

http://www.epa.gov/newsroom/email_signups.htm

Much like the SC Supreme Court's ruling that the State has to provide only "minimally adequate" education (and the obvious ensuing question: Is that really our highest aspiration?).  Many federal standards are only "the floor", i.e., the minimally adequate, requirements. States have, in most circumstances, the power to require greater protections.

In many areas, such as the Clean Water Act provisions, this retained power of the States is explicit. See 33 U.S.C § 1370; 40 C.F.R. § 131.4(a); Natural Res. Def. Council, Inc. v. EPA, 859 F.2d 156, 174 (D.C.Cir.1988) (noting that “[i]n fashioning its guidelines … EPA endeavored to reconcile the competing objectives of regulatory uniformity and state autonomy by establishing a floor for … state enforcement authority, while ensuring that states have the maximum possible independence”)

The Vermont Supreme Court recently recognized this long-standing State right, while also holding that the State has the equivalent right of waiving its higher standards. (See article here.)

There are arguably very cogent reasons for allowing flexibility in State requirements above a certain minimum level. The huge disparity between different areas of our country (and even within a state itself) virtually negates the possibility of a one-size-fits-all rule. The ability of South Carolina to impose stricter requirements where necessary to protect environment and health is absolutely essential; however, any variance (above or below) such local requirements will be subject to scrutiny for those factors, both practical and immoral (if not illegal), which can influence local decisions.

Two recent news items regarding the EPA should be of interest to anyone practicing environmental litigation. First, EPA Administrator Lisa Jackson issued her "state of the EPA" report on her first year in office and her priorities: 
(http://blog.epa.gov/administrator/2010/01/12/seven-priorities-for-epas-future/).

Second, the Obama Administration's budget gives an indication of the directions they would like EPA to take:
(http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/0efb5bc261f61eb7852576bd00638467!OpenDocument)

Taken together, they signal a clear intent to increase the EPA's involvement in proactive protection (e.g., chemical testing, additional materials handling rules) and in clean-up enforcement (e.g., CERCLA. or "Superfund" sites).

Feb 11th: Putting a Face on Global Sustainability: The Impacts of Copenhagen

On Thursday February 11 at 6:30PM in the Green Quad Learning Center, the Green Quad will host a discussion by USC Law Professor Cinnamon Carlarne on the U.N. Climate Change Conference held last year in Copenhagen. The discussion with be a evaluation of the progress and speed of climate change, as well as what is left to be done with emphasis on experiences from other countries, their ways of living and visions for the future. For additional information, contact Jason Craig, GreenQuadLearningCenter for Sustainable Futures  803-777-1994  craigjd@mailbox.sc.edu

For more information, go to http://www.sustainablemidlands.org/

 

Feb 15th & Feb 22nd  Mayoral Candidate Forums on Environmental Issues:

1)      The John Bachman Group of the Sierra Club will host a mayoral forum on environmental issues on February 15 at 7:00PM in the USC Green Quad Learning Center.  http://www.greenquadcommunity.org/

2)      The "Mayoral Forum on sustainability issues and the environmental challenges facing Columbia" will be held on Monday February 22 at 6:00PM in the Olympia Room of Historic 701 Whaley. Come early to meet and mingle with the candidates at 5:30PM.

 

USC Belser Arboretum Open House – Sunday Feb 21st

The site is one of Columbia’s most beautiful and unusual properties. Its highly diverse topography is related to its geological history and structure. The large sand dune at the Bloomwood entry gate marks the most westward incursion of the Atlantic Ocean. The dune is primarily sand and rounded, fist-sized stones. Examples of these wave-polished stones can be seen in the retaining wall adjacent to the Bloomwood gate. The higher ridges are quite dry and support upland forest in contrast to the valley, which is characterized by bottomland forest. The cove area is a former streambed, which emptied into the Atlantic Ocean. In earlier days, an earthen dam held rain water in a pond where bald cypress thrived, and today a small cypress swamp is still present. A former stream, now a storm water outlet, tumbles down over 5 cascades into a handsome pool surrounded by ferns and wildflowers. Several underground springs are present in the lowland area by the streambed.

When Sun Feb 21 1pm   Where 4080 Bloomwood Rd. Columbia SC 29205 (map)

http://www.greenquadcommunity.org/

Offered by the SC Chapter of the US Green Building Council:

What will be covered?
• Introduction to USGBC
• Overview of Green Associate and LEED AP BD+C Exams
• LEED for New Construction (LEED-BD+C) point system
• Sustainable Sites
• Water Use Reduction; Water Efficient Landscape Design
• Optimized Energy and Atmosphere
• Green Materials and Resources
• Enhanced Indoor Environments
• Innovation and Design
• Additional Exam Topics

Who should attend?
Students and building industry leaders interested in becoming Green Associates or LEED Accredited Professionals, e.g.,
• Architects• Engineers• Developers• Planners• Contractors


Classes: Held at USC's Green Quad Learning Center, 1216 Wheat St., Building “D”
5:30 – 6:45 P.M.
Class 1: Thursday, February 18
Class 2: Thursday, February 25
Class 3: Thursday, March 4
Class 4: Thursday, March 18 (LEED AP only)
Class 5: Thursday, March 25 (LEED AP only)
Class 6: Thursday, April 1 (LEED AP only)
Class 7: Thursday, April 8 (LEED AP only)
Class 8: Thursday April 15 (LEED AP only)
Class 9: Thursday April 22 (LEED AP only)
Class 10: Thursday April 29 (LEED AP only)

Fees:
Green Associate: Full-time USC Students $ 50; USGBC-SC Members $100; Non-USGBC-SC Members $150
LEED AP BD+C: USGBC-SC Members $250; Non-USGBC Members $300

All fees are due in full on February 18 payable by cash, check or credit card. Please RSVP by Wednesday, Feb. 17th to
state@watsontatesavory.com
Visit www.usgbcsc.org for more information.

What do the fees include?
• 3 GA Associate Classes, 10 LEED AP Classes
• Dinner
• Access to study guides and instructor presentations.

AIA Continuing Education and Engineering PDHs Available

South Carolina has numerous former industrial sites which would require remediation prior to development for future use ("Brownfields"). The type and amount of cleanup will vary, of course, based upon the contaiments of concern and the proposed use (residential usually requiring greater cleanup).  Obviously, incentives for such redevelopment benefit everyone, and both federal and state authorities have programs designed to encourage remediation and redevelopment. (click here for SC's program thru DHEC.)

These incentives also include tax credits which allow all or a significant portion of environmental cleanup costs to be deducted in the year incurred. (Usually, costs which create permanent improvement must be capitalized and deducted over a # of years). Although the federal tax benefit expired December 31, 2009, legislation is pending to extend the Brownfields Tax Incentive again. Note also that legislation in 2006 amended the tax incentive to include petroleum cleanup. (Generally, petroleum is excluded from CERCLA regulation.) (See EPA factsheet here. See additional info here.)

In addition, SC offers a significant tax credit for cleanup costs. (See form with citations here.)

E-mail from the SC Chapter of the Green Building Council:

Learn about the 2010 legislative priorities of the South Carolina Conservation Common Agenda, from the green advocates and lobbyists who work with the General Assembly. Topics include developing a comprehensive state energy policy that focuses on efficiency and alternative energy sources, water withdrawal permitting, and funding the South Carolina Conservation Bank.

DETAILS WHEN: Friday, February 12th, 11:30am to 1:15pm
WHERE: Midlands Technical College Northeast Campus (MAP)
PROGRAM COST: $10/Person; Lunch will be provided

RSVP by Monday, February 8th to Michael Criss (mcriss@sc.rr.com)
www.usgbcsc.org