SCENVIRONMENTALLAWYER.COM

April Showers Bring May Flowers; May Showers Bring Closed Shellfish Beds

2012-05-15T14:46:10Z

On May 10^th, DHEC closed some Beaufort County clam and oyster harvesting areas until water quality sampling indicates bacteria levels are suitable for shellfish harvesting. [ http://www.islandpacket.com/2012/05/10/2065246/dhec-closes-some-beaufort-county.html ] Becuase these harvesting beds were conditionally approved, they were temporarily closed due to receipt of moderate rain and/or excessive river flow. Conditionally approved is a classification given to areas that meet all the criteria of an approved area except under certain predictable circumstances. These areas will be closed for a minimum of 14 days to allow for sampling of fecal coliform bacteria levels in the water. The current South Carolina standard, found in regulation 61-68: Water Classification Standards, for fecal coliform bacteria in freshwater is “not to exceed a geometric mean of 200/100 ml, based on five consecutive samples during any 30 day period; nor shall more than 10% of the total samples during any 30 day period exceed 400/100ml.”

More information about closure procedures and standards can be found at http://www.scdhec.gov/environment/water/sfclose.htm.

However, if you cannot wait for fresh South Carolina clams or oysters until the Beaufort County areas open up again, refer to the map showing all of South Carolina’s shellfish growing areas available at http://www.scdhec.gov/environment/water/sfmaps.htm.

SC Lawmakers Propose Eliminating Environmental Lawsuits

2012-05-14T15:43:02Z

Bill to eliminate environmental lawsuits being considered by SC Senate

Last fall, the S.C. Supreme Court held that private citizens have the right to sue to enforce South Carolina’s Pollution Control Act (SCPCA), a primary component of the state’s environmental laws. Usually, such enforcement had been DHEC’s exclusive power; however, in the Smith Land Company case, the Court found that the SCPCA gives private citizens the right to file “citizen suits” as an enforcement tool.

South Carolina lawmakers are considering a bill that would eliminate this right. (The proposed law would not affect citizen’s suits provisions of Federal environmental laws, as S.C. lawmakers cannot change Federal law.) The argument in favor of limiting the power of citizens to enforce environmental protection is that such suits are frivolous and harm economic development. The evidence for such is anecdotal at best.

It is easy to be suspicious of the “frivolous litigation” argument. S.C. already has a specific law which imposes harsh penalties for frivolous lawsuits. -see http://www.scstatehouse.gov/code/t15c036.php

There is no need to permanently block potentially meritorious suits simply because someone may file a frivolous one. This is akin to eliminating criminal prosecutions because an innocent person has been convicted.

If the real goal is to eliminate frivolous litigation, S.C. can (and should) easily institute procedures for the early assessment of such claims & allow frivolous claims to be dismissed before incurring substantial litigation costs or delays. One such procedure is the use of “Lone Pine” orders - see here for a discussion http://www.louisianalawblog.com/class-action-the-lone-pine-order-as-a-case-management-tool-for-complex-litigation.html

These orders (which SC courts can impose) require that a Plaintiff making an allegation involving complex issues (such as contamination or toxic tort injuries) first produce sufficient evidence that the claim is meritorious – such as medical records, testing reports, or expert affidavits - before a defendant is required to engage in potentially costly discovery. S.C. lawmakers who truly care about protecting both the economy and the environment will advocate for the use of these already existing tools, rather than further restricting the rights of private citizens.

Put Some "Green" in Your Pocket - Grants for Eco Entrepreneurs

2012-04-04T22:26:48Z

Cherokee Investment Partners of North Carolina specializes in funding environmental business ventures. They are offering three "seed" grants of $20,000 plus logistical support for new ideas "to develop high impact environmental business ventures." The deadline to apply is April 15th. Please click on the link below for more information.

http://ecopreneurist.com/2012/04/04/cherokee-challenge-seed-funding/

Duke Professor to Present Lecture on Environmental Law at USC School of Law on Friday (3/30/12)

2012-03-28T13:37:55Z

As part of its Faculty Colloqium series, the USC School of Law is offering a free "lunch & learn" presentation on Environmental Law by Jim Salzman, a professor at the Duke School of Law. (http://www.law.duke.edu/fac/salzman/)

The presentation will be this Friday (March 30th), with lunch beginning at 12:30, and the discussion to begin soon thereafter.

For more information & to register, please contact:

Beth P. Hendrix, Professional Meeting Planner

Events Manager

USC School of Law Events Office

701 South Main St., Ste. 202

Columbia, SC 29208

Office Phone and fax: 803-777-8058

Cell: 803-394-9017

Alternate fax: 803-777-5827

Email: bethu@law.sc.edu

USC School of Law Spring Faculty Colloquium Series: Environmental law March 30

Southeast Environmental Education Alliance Conference to be held Sept. 14-15 in Kentucky

2012-03-19T17:38:07Z

The Southeast Environmental Education Alliance (SEEA) conference will be held on Sept 14-15, 2012, at the Lake Cumberland State Resort Park in Kentucky. The SEEA is a non-advocacy group of environmental educators. The Assocation is calling for proposals for the conference to be submitted before April 15.

Click here for more information:
http://eeinsc.org/net/calendar/details.aspx?s=95145.0.0.37431

Dept of Forestry offering Free Enviro Seminar to SC Teachers in June

2012-02-17T23:13:23Z

COURSE DESCRIPTION:

Spend seven days touring and learning about and the forests of South Carolina, examining sustainable forestry practices and the forest industry. This outdoor environmental education course is designed to provide an unbiased look into the impact forests have on our state’s environment, economy, and quality of life. Key topics include forest management; emphasizing sustainable forestry, ecosystem management and bio-diversity; wildlife conservation, including endangered species protection; forest product production, including harvesting and processing into products, and the contributions of the forest industry on S.C.’s economy. Classes include tours of private and public forestlands, lumber, paper and other wood product mills, along with cultural events highlighting the history of South Carolina’s land use. Participants will receive resource materials to use in their classrooms along with environmental education training. Course also includes 3 days of training in Environmental Education, teaching how to use the environment and forests to teach the Curriculum Standards in science, social studies, language arts and math. (3-hour, non-degree graduate credit available for fee. You may also be able to get 45 CRE credits under Category 6 from your district.)

WHEN AND WHERE:

The 3-day Advanced EE workshop is Wednesday, June 18th through 21st at Harbison State Forest in Columbia. The 4-day Tour is Monday, June 25th through Thursday, 28th, 2012 in Columbia, exploring the Midlands region of Richland, Newberry, Kershaw and surrounding counties.

MORE INFORMATION:
Interested educators must complete an application and submit it by the deadline of April 15, 2012.

http://www.state.sc.us/forest/tourapp.htm

Clean Energy & Jobs Forum - Thurs 2/23 in Columbia

2012-02-02T22:31:25Z

The event is FREE, but you must register to attend. (See link below)

Join us the afternoon of Feb. 23 as panels featuring experts on energy policy, energy research and economic development explore the inherent connection between clean energy and jobs. Special guests include Columbia Mayor Steve Benjamin and U.S. Congressman Jim Clyburn.

Keynote Panel:

Jim Rodgers, Chairman, President and CEO, Duke Energy
David Seaton, CEO, Fluor
Glenn Prickett, Chief External Affairs Officer, The Nature Conservancy

Moderator:

Charles Bierbauer,
Dean, College of Mass Communications and Information Studies, University of South Carolina

Hosted by:

For a detailed agenda and complimentary registration, visit http://sccleanenergyandjobs.eventbtite.com

Meth-Contaminated Houses - Identifying, Cleaning Up, & Possible Liability

2012-02-01T21:47:59Z

Methamphetamine is not only a criminal issue, it is a potential liability issue for inspectors, contractors, real estate professionals and others involved in real estate transactions. Meth labs are easy to set up and therefore can be found in any type of neighborhood. "Making or even smoking meth leaves behind a stew of chemicals that saturates walls, ceilings, floors and carpets with meth as well as mercury, lead, iodine, lithium and poisonous solvents. For each pound of drug, meth “cookers” dump, flush or leave behind 5 to 6 pounds of poisonous waste. Exposure to even small amounts of these poisons can damage humans’ nervous systems, liver and blood production mechanisms. Small children suffer most. Exposure can trigger birth defects and developmental problems in babies in the womb." http://realestate.msn.com/article.aspx?cp-documentid=23154768

The first issue, of course, is identifying a potentially meth-contaminated house. The DEA maintains a database of meth labs at this link: http://www.justice.gov/dea/seizures/ There are over 700 addresses listed in North Carolina, and about 300 listed in SC. (But only one in Richland County, which seems odd.)

A checklist of common signs of meth manufacturing can be found here, and includes:

Unusual, strong odors (similar to cat urine, ether, ammonia, acetone or other chemicals)
Windows blacked out
Dark red phosphorous stains in the sinks, toilets and/or bathtubs, or red staining on the interior walls, counter tops and flooring
Signs of chemical burns and spills on the counter tops and flooring
Visible areas in the yard where chemicals have been dumped
Dead or dying vegetation
Burn pits outside with chemical container remains
Packaging or containers from cold medicines
Coffee filters unused and used with red stains in them

Other lists of warning signs can be found here and tips on investigating the history of a house can be found here.

Tips for decontaminating a meth house can be found in the ASHRI article linked here.

Political Football with the Environment (just in time for the Super Bowl)

2012-01-27T21:32:39Z

Two big stories this week about the clash between politics and environmental protection.

One is a story about Georgia's planned expansion of the Port of Savannah. Because it impacts South Carolina waters, Georgia needed a dredging permit from S.C. The DHEC staff - i.e., the engineers, scientists, and other experts - had recommended denying the permit. Gov Haley asked the DHEC Board - composed entirely of her political appointees - to hear an appeal, and shortly after this request, the permit was granted. A political tempest was raised, and, in a rare show of bi-partisan agreement, the S.C. House, in unanimous vote, passed a resolution to, in essence, rescind the permit. See more details here: SC House approves bill to undo dredging permit

The second story involves the selection of DHEC's new director. DHEC has been without a director since Earl Hunter retired last year. After DHEC completed interviews, Haley apparently requested that the interview process be reopened, and Catherine Templeton, the current director of LLR (whom Haley had hand-picked to lead that agency) applied for and has now received the Board's recommendation for the job (it requires Senate approval). This has engendered no small amount of criticism (see some links below), as Templeton's background is in labor & employment issues, and she admits she has no experience in the environmental field.

http://www.thestate.com/2012/01/25/2127293/dhec-director-needs-some-expertise.html

http://www.fitsnews.com/2012/01/25/haley-warned-regarding-templeton-appointment/

Perhaps this situation, coming so close on the heels of the Port of Savannah issue, has emboldened some to be more vocal in their criticism, but there can really be no dispute that having experience in the environmental field would be helpful in directing the state's "health and environmental" agency. I am a colleague of Ms. Templeton and respect her and her legal abilities. I hope that she is able to find the proper balance necessary at such a crucial agency, and that her decisions are guided by scientific reality, not political expediency.

Environmental Education Resources

2012-01-24T16:47:17Z

I recently came across the site linked below.

Environmental Education in S.C.

It is apparently a chapter of a larger organization offering resources for environmental education:

http://southeastee.org/net/content/default.aspx?s=0.0.0.22

One resource is a series of "Green Teacher" webinars:

"Green Teacher's webinar series gives formal and non-formal educators the opportunity to hear presentations from leaders in the environmental education field. The presentations cover topics ranging from sustainability to best practices for implementing programs and provide a forum for questions and discussion."

A list of of the webinars can be found here: http://eeinsc.org/core/item/page.aspx?s=100354.0.0.37431

They include these upcoming topics:

Webinar: Forest Kindergarten - Green Teacher
Tuesday, January 31, 2012, 7:30 PM (EST). Judy Kane will briefly discuss how young children learn, the importance of open-ended fantasy play in childhood development, and how play in nature enhances the benefits of play.

Webinar: Thinking About Change: What Do We Know? What Can We Do? - Green Teacher
February 1, 2012, 7:30 PM (EST). This webinar will attempt to open up some thinking about the nature of change and its relationship to the work we do as environmental educators and communicators.

Teachers and others interested in environmental education should check it out.

Legislative Briefing - Conservation Priorities for 2012

2012-01-17T17:05:26Z

Ever notice how the word "conservation" when used in relation to environmental issues has not been politicized? Both liberals and conservates embrace it. I, for one, am in favor of whatever methods can be employed to bring us all together for the common good.

Please join us for a

House Conservation Briefing
"Conserving Communities…naturally"
Hosted by House Majority Leader, Rep. Kenneth Bingham
and House Minority Leader, Rep. Harry Ott

Wednesday, January 25th, 2012
9:00 am – 10:00 am

(Please note that the House Briefing date is on a Wednesday- not Tuesday-
and subject to change due to House Committee schedules.)
Blatt Building, Room 110
1105 Pendleton Street, Columbia, SC

We invite legislators and our conservation friends to join us
for this brief presentation by South Carolina business leaders for the House,
unveiling the 2012 Conservation Common Agenda priorities.

RSVPs are not required, but appreciated:
Debbie Parker (803-799-0716 or debbie@cvsc.org)

Remember to contact your state legislator to tell them you plan to attend, and invite them personally.
Click here to find your legislator’s contact information:
http://www.scstatehouse.gov/legislatorssearch.php

2012 Conservation Common Agenda Partners:
American Institute of Architects (AIA/SC), American Rivers, Southeast Region, Audubon South Carolina, Beaufort County Open Land Trust, Catawba Riverkeeper, Charleston Waterkeeper, Coastal Conservation League, Community Open Land Trust, Conestee Foundation, Inc., Congaree Land Trust, Congaree Riverkeeper, Conservation Voters of SC Education Fund, Environmental Education Association of SC, Friends of the Edisto, Friends of the Reedy River, Horry Environmental Action Team (HEAT), Katawba Valley Land Trust, Kitchen Table Climate Study Group, League of Women Voters of SC, Lowcountry Open Land Trust, Palmetto Conservation Foundation, Santee Riverkeeper Alliance, SC Alliance for Retired Americans, SC Environmental Law Project, SC Land Trust Network, SC Native Plant Society, SC Solar Council, SC Trout Unlimited, SC Wildlife Federation, Sierra Club of South Carolina, Solar Business Alliance, Southern Alliance for Clean Energy, Southern Environmental Law Center, Spartanburg Area Conservancy (SPACE), Sustainable Midlands, The Trust for Public Land, Upstate Forever, U.S. Green Building Council - SC Chapter, Wildlife Action, Winyah Rivers Foundation

Conservation Voters of South Carolina
701 Whaley Street, Suite 207
Columbia, SC 29201
www.conservationvotersofsc.org

Suit filed over SCE&G's handling of Coal Ash

2012-01-17T15:34:38Z

The Southern Environmental Law Center has filed suit in federal court alleging that violations of permit requirements & DHEC enforcement have lead to contamination of the Wateree River. The SELC claims that SCE&G's coal ash lagoon has leaked, and continues to leak, arsenic & other heavy metals into the Wateree River, and that DHEC and SCE&G entered into an essentially secret and one-sided agreement 10 years ago that has allowed the contamination to continue. The suit seeks injunctive relief - that is, that SCE&G be required to stop the ongoing contamination and clean up the existing contamination. (There is a link to the Complaint at the website below.)

SELC - SCE&G Coal Ash Lawsuit Press Release

SC DHEC's Compliance Assistance Conference is Nov. 2

2011-10-28T15:09:11Z

DHEC's Compliance Assitance Program (COMPASS) is holding a conference on Nov. 2. The program is designed to assist companies and individuals with understanding and complying with environmental requirements.

http://www.scdhec.gov/environment/admin/Compass/htm/CompassAnnualConference.htm

2011 Environmental Assistance Conference

November 2, 2011

Columbia Conference Center

169 Laurelhurst Ave., Columbia, SC 29210

www.columbiameetings.com

Registration is now Open! Registration Fee is $55.00.

EPA Announces Climate Showcase Communities Grant to Aiken

2011-04-15T12:50:00Z

The grant program is an example of investing for long-term gain.

From: U.S. EPA <usaepa@govdelivery.com>
Date: Thu, 14 Apr 2011 15:22:33 -0500 (CDT)
Subject: Air News Release (Region 4):

Aiken, SC Receives $320,000 to Protect Health, Reduce GHG Emissions

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

(ATLANTA – Apr. 14, 2011) – The U.S. Environmental Protection Agency (EPA) announced today that the city of Aiken, SC will receive $320,000 to develop local strategies to reduce harmful greenhouse gas (GHG) emissions and improve people’s health. The city of Aiken is among 22 communities from across the country, including three Indian tribes, receiving almost $8.3 million in grants. The grants will help communities increase energy efficiency and save consumers money with new practices involving waste management, energy production, and land use management.

To reduce GHG emissions, the city of Aiken is receiving funding to complete “deep” energy retrofits on 10 blighted homes in a low income neighborhood, weatherize additional homes through a green job program, and provide educational materials to the community on energy efficiency.

Grantees estimate that by 2014 the projects will reduce more than 167,000 metric tons of greenhouse gas emissions annually—equivalent to the annual emissions from more than 32,745 passenger vehicles or the energy used by 14,189 homes—and save nearly $13 million per year in energy costs. The projects will also improve people’s health and quality of life by improving indoor and outdoor air quality, increasing walkability, and reducing household energy bills.

EPA will monitor the progress of grant recipients and will post quarterly updates about each recipient online. An additional $1.7 million is still under review and is expected to be awarded in the next few months to four additional local governments. All grant funding is from the Fiscal Year 2010 federal budget.

The Climate Showcase Communities Grant Program is administered by EPA, providing technical assistance, tools, and guidance to help state, local, and tribal governments implement policies and programs to mitigate climate change.

The 22 communities are showing their commitment to improve local health and reduce GHG emissions by contributing matching funds and committing to share their lessons learned to help other communities replicate successful projects. Communities selected for the Climate Showcase funds were required to show their ability to achieve ongoing GHG reductions as well as to track, measure, and show progress toward their goals. The new grantees join 25 communities that were awarded funding in 2010.

More information on the grants and the grant recipients:
http://www.epa.gov/statelocalclimate/local/showcase/

"Come see the Sites" - N.C. site added to NPL/Superfund List; S.C., N.C. sites added to proposed list

2011-03-10T13:31:00Z

Both South Carolina and North Carolina depend heavily upon tourism dollars, but I don't think these are the "sites" most tourists have in mind. Full EPA news release below.

FOR IMMEDIATE RELEASE
March 8, 2011

EPA Adds 10 Hazardous Waste Sites to Superfund’s National Priorities List

Fifteen additional sites proposed to be included on the NPL

WASHINGTON -- The U.S. Environmental Protection Agency is adding 10 new hazardous waste sites that risk people’s health and threaten the environment to the National Priorities List of Superfund sites and is proposing to include 15 additional sites. Superfund is the federal program that investigates and cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country.

To date, there have been 1,637 sites listed on the NPL, 347 of which have been deleted, resulting in 1,290 current sites on the NPL. There are now 66 proposed sites awaiting final agency action: 61 in the general Superfund section and five in the federal facilities section. There are a total of 1,356 final and proposed sites.

Harmful contaminants found at the sites include arsenic, asbestos, barium, cadmium, chromium, copper, creosote, dichloroethene (DCE), dioxins, lead, mercury, pentachlorophenol (PCP), polynuclear aromatic hydrcarbons (PAHs), polychlorinated biphenyls (PCBs), tetrachloroethene (PCE), trichloroethane (TCA), trichloroethene (TCE), and zinc.

With all Superfund sites, EPA tries to identify and locate the parties potentially responsible for the contamination. 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.

Sites may be placed on the list 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

The following 10 sites have been added to the National Priorities List:

Dwyer Property Ground Water Plume, Elkton, Md.
Washington County Lead District – Furnace Creek, Caledonia, Mo.
ACM Smelter and Refinery, Cascade County, Mont.
Mansfield Trail Dump, Byram Township, N.J.
Dewey Loeffel Landfill, Nassau, N.Y.
Wright Chemical Corporation, Riegelwood, N.C.
Milford Contaminated Aquifer, Milford, Ohio
Cabo Rojo Ground Water Contamination, Cabo Rojo, Puerto Rico
Hormigas Ground Water Plume, Caguas, Puerto Rico
West County Road 112 Ground Water, Midland, Texas

The following 15 sites have been proposed to the National Priorities List:

Blue Ledge Mine, Rogue River – Siskiyou National Forest, Calif.
New Idria Mercury Mine, Idria, Calif.
Sandoval Zinc Company, Sandoval, Ill.
Gary Development Landfill, Gary, Ind.
Sauer Dump, Dundalk, Md.
Kerr-McGee Chemical Corp, Columbus, Miss.
Red Panther Chemical Company, Clarksdale, Miss.
Garfield Ground Water Contamination, Garfield, N.J.
MolyCorp Inc., Questa, N.M. (re-proposal)
New Cassel/Hicksville Ground Water Contamination, New Cassell/Hicksville, N.Y.
CTS of Asheville, Inc., Asheville, N.C.
Astoria Marine Construction Company, Ore.
North Ridge Estates, Klamath Falls, Ore.
US Finishing/Cone Mills, Greenville, S.C.
Alamo Contaminated Ground Water, Alamo, Tenn.

Note: If a link above doesn't work, please copy and paste the URL into a browser.

View all news releases related to Superfund and Brownfields

Applications for EPA's CARE Grants due by March 22

2011-01-21T14:13:00Z

EPA has a Community Action for a Renewed Environment (CARE) program which can provide significant funding for a community project to address environmental concerns. Schools or other local organizations should explore this opportunity to develop (& fund!) a proposal to address a local environmental issue. See the EPA news release below.

FOR IMMEDIATE RELEASE
January 20, 2011
EPA Seeks Applications for Community-Based Environmental Grants

Grants will help communities address local health and pollution issues

WASHINGTON – The U.S. Environmental Protection Agency is making $2 million available in 2011 to reduce pollution at the local level through the Community Action for a Renewed Environment (CARE) program. CARE is a community-based program that works with county and local governments, tribes, non-profit organizations and universities to help the public understand and reduce toxic risks from numerous sources to protect people’s health.

EPA will award CARE cooperative agreements in two levels. Level I awards range from $75,000 to $100,000 and will help establish community-based partnerships to develop local environmental priorities. Level II awards, ranging from $150,000 to $300,000 each, will support communities that have established broad-based partnerships, identified the priority toxic risks in their communities, and are prepared to measure results, implement risk-reduction activities and become self- sustaining.

In 2010, EPA’s CARE program distributed $2 million throughout 14 communities. Among the grant recipients, projects included tackling drinking water and stormwater pollution, solid waste, and toxics issues in Cordova, Alaska; addressing air and water pollution sources, municipal solid waste collection and chemical releases in Ashland, Ky.; targeting pest and solid waste issues in New York, N.Y.; tackling air pollution and land use issues in Detroit, Mich.; focusing on threats from lead in paint, mold, and hazardous household products in Gary, Ind.; and addressing air pollution, greenhouse gas emissions, water pollution, and poor waste management in Kansas City, Kan.

Since 2005, 81 communities in 39 states and territories have used CARE grants to help reduce pollution and protect people’s health. A recent evaluation by the National Association of Public Administrators (NAPA) recognized the CARE program as a solid tested framework for engaging communities and other stakeholders.

Applications for the CARE grants are due March 22, 2011, 4:00 p.m. EST. EPA will conduct three webcasts to answer questions from prospective applicants about the application process on February 8, February 23, and March 2 from 1:00 p.m. to 3:00 p.m.

More information about the grants and webcasts: http://www.epa.gov/care

Seminars on Environmental Issues in Foreclosures (Innocent Owner / Secured Creditor Protection in Real Estate Transactions)

2010-12-28T14:04:00Z

I will be part of a panel presenting a Continuing Legal Education (CLE) seminar in January on Foreclosures in South Carolina. My presentation will be on environmental issues that may arise in the loan-making and foreclosure process. I will address the secured creditor protections in some environmental laws as well as how "innocent owners" of real estate (including financial institutions) can nonetheless be liable for adverse enrvironmental conditions.

The seminars will be held in Greenville, Columbia, and Charleston (same presentation in all three cities). Links with more info are below.

01-11-2011 - Greenville:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-54843ER%7C?NavigationDataSource1=N:303
01-12-2011 - Charleston:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-54843ER%7C?NavigationDataSource1=N:303
01-13-2011 - Columbia:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-54843ER%7C?NavigationDataSource1=N:303

Please contact me if you would like a copy of my materials or have any specific questions.

Conservation Briefings to be held with the SC Legislature in January

2010-12-21T14:09:00Z

Please join us for a

Senate Briefing
"Conversations with Conservationists"
Hosted by Senators John Courson and Phil Leventis

Thursday, January 13th, 2011
10:00 am – 11:00 am
Gressette Building, Room 105
1100 Pendleton Street, Columbia, SC

House Conservation Briefing
"Conserving Communities…naturally"
Hosted by House Majority Leader, Rep. Kenneth Bingham
and House Minority Leader, Rep. Harry Ott

Tuesday, January 25th, 2011
10:00 am – 11:00 am
Blatt Building, Room 108
1105 Pendleton Street, Columbia, SC

We invite legislators and our conservation friends to join us
for one or both of these brief presentations by South Carolina business leaders
for the House and Senate,
unveiling the 2011 Conservation Common Agenda priorities.

RSVPs are not required, but appreciated:
Debbie Parker (803-799-0716 or debbie@conservationvotersofsc.org)

Remember to contact your legislator to tell them you plan to attend,
and invite them personally. Click here to find your legislator’s contact information:
http://www.scstatehouse.gov/cgi-bin/zipcodesearch.exe

Will the EPA's Newly-Proposed Regulations for Coal Combustion Products Affect Concrete Requirements for Department of Transportation Specifications?

2010-11-21T18:59:00Z

(Steve Moon, an attorney with RTT recently published this article in the SC Bar's Construction Law Section's Summer 2010 newsletter.)

Steven T. Moon
Rogers Townsend & Thomas, PC, Columbia

On May 4, 2010, the Environmental Protection Agency issued a proposed rule (RIN-2050-AE81) designed to regulate coal combustion products (CCP), including fly ash, bottom ash, slag, flue gas desulfurization or other products. This is the first time EPA has proposed regulations of CCPs. Many of these products have safe and beneficial uses and have long been components of building products specifically including road paving materials in South Carolina and other jurisdictions.

Coal combustion products are the result of burning coal (usually pulverized) in the electric generation industry. The CCP can have concentrations of certain constituent metals, which are listed in the EPA proposals. Detection monitoring of the CCP is required under the new EPA proposals for boron, chloride, fluoride, sulphate and sulfide. Additionally, under the proposals, the CCP would need to be monitored for conductivity, pH and total dissolved solids. Beyond that, the CCP must be assessed for aluminum, antimony, arsenic, barium, beryllium, cadmium, chromium, copper, iron, lead, manganese, mercury, molybdenum, selenium and thallium in addition to the previously listed metals under detection monitoring. The concern of the EPA is that under certain situations and conditions, the CCP can leach these elements of concern into the environment, particularly the groundwater or surface water, and that this will have a polluting effect on the nearby locations.

While the EPA proposal totals more than 560 pages, one of the principal issues on the beneficial use of CCP can be divided into two categories: encapsulated and unencapsulated. To simplify, the new EPA proposal would seem to allow for CCP use where the end product is some type of a concrete or similarly hardened material. Any other use, such as large construction fill or similar matter, would not be allowed under the two alternative regulatory schemes proposed.

For many years State Department of Transportation offices have allowed, within some wide variations, the use of CCP in materials for state jobs. South Carolina has its own set of standards, which includes use of slag or fly ash in cement construction projects (see, SCDOT Qualified Product Listing 3). Like many other states, the South Carolina standards follow or refer to either the AASHTO standards or the ASTM standards. Most of the state designed standards are what might be considered "prescriptive" standards, which is to say there is a design mix of proportions that would meet the allowable usage standards. The standards for the SCDOT, found in the SCDOT 2007 Standard Specifications for Highway Construction, are prescriptive standards. Although these standards do not use the CCP designation, the standards do refer to fly ash and slag in various places, including Section 501, Concrete Pavement and Section 701, Structures. These standards detail the use of the CCP and the quantity that can be used in the construction project. The use is in terms of weight (number of pounds per unit) and do not address the structural specifics of the use of CCP. There are a number of research studies that show increased durability and workability of concrete products with increased amounts of the proper mix of CCP. Generally, the industry would prefer that there be "performance" standards such that the value and addition of the CCP are more readily apparent and would likely result in a combination of a more economical product, an environmentally beneficial product, a more durable product and a qualitative foundation for the use of the product. The composition and constituents of the CCP will vary depending on the nature of the coal burned and the burning process itself.

It seems the EPA proposals will permit the continued use of CCP in state projects. The deeper issue might become whether the state needs to re-visit its requirements to determine a performance standard for use of CCP and move beyond the prescriptive standard which is based solely upon a formula for a design mix.

LEED Standards Now Required for Construction & Major Renovation of Federal Buildings

2010-11-04T13:15:00Z

The U.S. General Services Administration has anounced that new construction and major renovation of Federal buildings must meet the LEED Gold certification requirements. (See announcement here: http://www.gsa.gov/portal/content/197325 )

With numerous studies showing that although LEED certification requirements add about 2%-11% to construction costs but decrease operational costs by 33% or more (See, e.g., http://www.usgbc.org/DisplayPage.aspx?CMSPageID=77#economic_analysis ), this is an initiative that should receive wide-spread support in most political and economic circles.