Environmental

Environmental Policy Act Text

Environmental Policy Act Text

 
 
Full Text of the Environmental Policy Act of 1969:
 
 
The National Environmental Policy Act of 1969, as amended
 
(Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b), Sept. 13, 1982)
An Act to establish a national policy for the environment, to provide for the establishment of a Council on Environmental Quality, and for other purposes.
 
 
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Environmental Policy Act of 1969."
 
 
Purpose
 
 
Sec. 2 [42 USC § 4321].
 
The purposes of this Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.
 
 
 
TITLE I
 
CONGRESSIONAL DECLARATION OF NATIONAL ENVIRONMENTAL POLICY
 
Sec. 101 [42 USC § 4331].
 
 
(a) The Congress, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
 
 
(b) In order to carry out the policy set forth in this Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may –
 
 
1. fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
 
 
2. assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
 
 
3. attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
 
 
4. preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity, and variety of individual choice;
 
 
5. achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
 
 
6. enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
 
 
(c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
 
 
Sec. 102 [42 USC § 4332].
 
The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act, and (2) all agencies of the Federal Government shall –
 
 
(A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment;
 
 
(B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by title II of this Act, which will insure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations;
 
 
(C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on –
 
 
(i) the environmental impact of the proposed action,
 
 
(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented,
 
 
(iii) alternatives to the proposed action,
 
 
(iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and
 
 
(v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
 
 
Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5, United States Code, and shall accompany the proposal through the existing agency review processes;
 
 
(D) Any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if:
 
 
(i) the State agency or official has statewide jurisdiction and has the responsibility for such action,
 
 
(ii) the responsible Federal official furnishes guidance and participates in such preparation,
 
 
(iii) the responsible Federal official independently evaluates such statement prior to its approval and adoption, and
 
 
(iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement.
 
 
The procedures in this subparagraph shall not relieve the Federal official of his responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this Act; and further, this subparagraph does not affect the legal sufficiency of statements prepared by State agencies with less than statewide jurisdiction.
 
 
(E) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources;
 
 
(F) recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment;
 
 
(G) make available to States, counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;
 
 
(H) initiate and utilize ecological information in the planning and development of resource-oriented projects; and
 
 
(I) assist the Council on Environmental Quality established by title II of this Act.
 
 
Sec. 103 [42 USC § 4333].
 
All agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this Act and shall propose to the President not later than July 1, 1971, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this Act.
 
 
Sec. 104 [42 USC § 4334].
 
Nothing in section 102 [42 USC § 4332] or 103 [42 USC § 4333] shall in any way affect the specific statutory obligations of any Federal agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other Federal or State agency, or (3) to act, or refrain from acting contingent upon the recommendations or certification of any other Federal or State agency.
 
 
Sec. 105 [42 USC § 4335].
 
The policies and goals set forth in this Act are supplementary to those set forth in existing authorizations of Federal agencies.
 
 
TITLE II
 
COUNCIL ON ENVIRONMENTAL QUALITY
 
Sec. 201 [42 USC § 4341].
 
 
The President shall transmit to the Congress annually beginning July 1, 1970, an Environmental Quality Report (hereinafter referred to as the "report") which shall set forth (1) the status and condition of the major natural, manmade, or altered environmental classes of the Nation, including, but not limited to, the air, the aquatic, including marine, estuarine, and fresh water, and the terrestrial environment, including, but not limited to, the forest, dryland, wetland, range, urban, suburban an rural environment; (2) current and foreseeable trends in the quality, management and utilization of such environments and the effects of those trends on the social, economic, and other requirements of the Nation; (3) the adequacy of available natural resources for fulfilling human and economic requirements of the Nation in the light of expected population pressures; (4) a review of the programs and activities (including regulatory activities) of the Federal Government, the State and local governments, and nongovernmental entities or individuals with particular reference to their effect on the environment and on the conservation, development and utilization of natural resources; and (5) a program for remedying the deficiencies of existing programs and activities, together with recommendations for legislation.
 
 
Sec. 202 [42 USC § 4342].
 
There is created in the Executive Office of the President a Council on Environmental Quality (hereinafter referred to as the "Council"). The Council shall be composed of three members who shall be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the Council to serve as Chairman. Each member shall be a person who, as a result of his training, experience, and attainments, is exceptionally well qualified to analyze and interpret environmental trends and information of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in title I of this Act; to be conscious of and responsive to the scientific, economic, social, aesthetic, and cultural needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment.
 
 
Sec. 203 [42 USC § 4343].
 
(a) The Council may employ such officers and employees as may be necessary to carry out its functions under this Act. In addition, the Council may employ and fix the compensation of such experts and consultants as may be necessary for the carrying out of its functions under this Act, in accordance with section 3109 of title 5, United States Code (but without regard to the last sentence thereof).
(b) Notwithstanding section 1342 of Title 31, the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council.
 
 
Sec. 204 [42 USC § 4344].
 
It shall be the duty and function of the Council –
 
 
1. to assist and advise the President in the preparation of the Environmental Quality Report required by section 201 [42 USC § 4341] of this title;
 
 
2. to gather timely and authoritative information concerning the conditions and trends in the quality of the environment both current and prospective, to analyze and interpret such information for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy set forth in title I of this Act, and to compile and submit to the President studies relating to such conditions and trends;
 
 
3. to review and appraise the various programs and activities of the Federal Government in the light of the policy set forth in title I of this Act for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy, and to make recommendations to the President with respect thereto;
 
 
4. to develop and recommend to the President national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the Nation;
 
 
5. to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;
 
 
6. to document and define changes in the natural environment, including the plant and animal systems, and to accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying causes;
 
 
7. to report at least once each year to the President on the state and condition of the environment; and
 
 
8. to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.
 
 
Sec. 205 [42 USC § 4345].
 
In exercising its powers, functions, and duties under this Act, the Council shall –
 
 
1. consult with the Citizens' Advisory Committee on Environmental Quality established by Executive Order No. 11472, dated May 29, 1969, and with such representatives of science, industry, agriculture, labor, conservation organizations, State and local governments and other groups, as it deems advisable; and
 
 
2. utilize, to the fullest extent possible, the services, facilities and information (including statistical information) of public and private agencies and organizations, and individuals, in order that duplication of effort and expense may be avoided, thus assuring that the Council's activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies.
 
 
Sec. 206 [42 USC § 4346].
 
Members of the Council shall serve full time and the Chairman of the Council shall be compensated at the rate provided for Level II of the Executive Schedule Pay Rates [5 USC § 5313]. The other members of the Council shall be compensated at the rate provided for Level IV of the Executive Schedule Pay Rates [5 USC § 5315].
 
 
Sec. 207 [42 USC § 4346a].
 
The Council may accept reimbursements from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, any State, or local government, for the reasonable travel expenses incurred by an officer or employee of the Council in connection with his attendance at any conference, seminar, or similar meeting conducted for the benefit of the Council.
 
 
Sec. 208 [42 USC § 4346b].
 
The Council may make expenditures in support of its international activities, including expenditures for: (1) international travel; (2) activities in implementation of international agreements; and (3) the support of international exchange programs in the United States and in foreign countries.
 
 
Sec. 209 [42 USC § 4347].
 
There are authorized to be appropriated to carry out the provisions of this chapter not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal year thereafter.
 
 
The Environmental Quality Improvement Act, as amended (Pub. L. No. 91- 224, Title II, April 3, 1970; Pub. L. No. 97-258, September 13, 1982; and Pub. L. No. 98-581, October 30, 1984.
 
 
42 USC § 4372.
 
(a) There is established in the Executive Office of the President an office to be known as the Office of Environmental Quality (hereafter in this chapter referred to as the "Office"). The Chairman of the Council on Environmental Quality established by Public Law 91-190 shall be the Director of the Office. There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate.
 
 
(b) The compensation of the Deputy Director shall be fixed by the President at a rate not in excess of the annual rate of compensation payable to the Deputy Director of the Office of Management and Budget.
 
 
(c) The Director is authorized to employ such officers and employees (including experts and consultants) as may be necessary to enable the Office to carry out its functions ;under this chapter and Public Law 91-190, except that he may employ no more than ten specialists and other experts without regard to the provisions of Title 5, governing appointments in the competitive service, and pay such specialists and experts without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no such specialist or expert shall be paid at a rate in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of Title 5.
 
 
(d) In carrying out his functions the Director shall assist and advise the President on policies and programs of the Federal Government affecting environmental quality by –
 
 
1. providing the professional and administrative staff and support for the Council on Environmental Quality established by Public Law 91- 190;
 
 
2. assisting the Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, and those specific major projects designated by the President which do not require individual project authorization by Congress, which affect environmental quality;
 
 
3. reviewing the adequacy of existing systems for monitoring and predicting environmental changes in order to achieve effective coverage and efficient use of research facilities and other resources;
 
4. promoting the advancement of scientific knowledge of the effects of actions and technology on the environment and encouraging the development of the means to prevent or reduce adverse effects that endanger the health and well-being of man;
 
 
5. assisting in coordinating among the Federal departments and agencies those programs and activities which affect, protect, and improve environmental quality;
 
 
6. assisting the Federal departments and agencies in the development and interrelationship of environmental quality criteria and standards established throughout the Federal Government;
 
 
7. collecting, collating, analyzing, and interpreting data and information on environmental quality, ecological research, and evaluation.
 
 
(e) The Director is authorized to contract with public or private agencies, institutions, and organizations and with individuals without regard to section 3324(a) and (b) of Title 31 and section 5 of Title 41 in carrying out his functions.
 
 
42 USC § 4373. Each Environmental Quality Report required by Public Law 91-190 shall, upon transmittal to Congress, be referred to each standing committee having jurisdiction over any part of the subject matter of the Report.
 
 
42 USC § 4374. There are hereby authorized to be appropriated for the operations of the Office of Environmental Quality and the Council on Environmental Quality not to exceed the following sums for the following fiscal years which sums are in addition to those contained in Public Law 91- 190:
 
 
(a) $2,126,000 for the fiscal year ending September 30, 1979.
 
 
(b) $3,000,000 for the fiscal years ending September 30, 1980, and September 30, 1981.
 
 
(c) $44,000 for the fiscal years ending September 30, 1982, 1983, and 1984.
 
 
(d) $480,000 for each of the fiscal years ending September 30, 1985 and 1986.
 
 
42 USC § 4375.
 
(a) There is established an Office of Environmental Quality Management Fund (hereinafter referred to as the "Fund") to receive advance payments from other agencies or accounts that may be used solely to finance –
 
 
1. study contracts that are jointly sponsored by the Office and one or more other Federal agencies; and
 
 
2. Federal interagency environmental projects (including task forces) in which the Office participates.
 
 
(b) Any study contract or project that is to be financed under subsection (a) of this section may be initiated only with the approval of the Director.
 
 
(c) The Director shall promulgate regulations setting forth policies and procedures for operation of the Fund.

Research Intensifies Link between High Fructose Corn Syrup and Diabetes

Research Intensifies Link between High Fructose Corn Syrup and Diabetes

 

On November 28, 2012, the University of Oxford and the University of Southern California released a report that further highlighted the link between consumption of high fructose corn syrup (HFCS) and type 2 diabetes.  Countries that use HFCS in their food supplies have a 20-percent higher diabetes rates than countries that don’t use HFCS. 

The United States has the highest consumption of HFCS per individual compared to 42 other countries in the study.  The average person in the United States consumes about 55 pounds of HFCS per year.  Hungary had the second-highest HFCS consumption rate per individual, and the following countries had high HFCS rates as well: Canada, Slovakia, Bulgaria, Belgium, Argentina, Korea, Japan and Mexico. 

Legislatively, the United States barely regulates the use of HFCS.  The American Medical Association (AMA) and the Food and Drug Administration (FDA) would need to find a clear a convincing link between HFCS and diabetes or other health problems.  Furthermore, the corn industry is a staple of food markets and industry in the United States, so regulating the use of HFCS on a federal level would likely create outrage in farming and manufacturing circles. 

HFCS is beneficial in processed foods because it makes the product sweeter, gives it a better appearance, and allows for more consistent browning and stability compared to products with sucrose—which has an equal amount of fructose and glucose. 

Ordinances in cities and municipalities of the United States have taken action against HFCS in recent years though.  Many school districts regulate foods with high levels of HFCS, and some cities have placed limits on serving sizes of foods with HFCS. 

The United Kingdom had one of the lowest consumption rates of HFCS in the study.  The average person in the UK only eats about 0.5 kilograms of HFCS a year. 

About 8 percent of people in countries with high HFCS consumption rates have type 2 diabetes, compared to 6.7 percent in countries with lower levels of consumption. 

Michael I Goran, the principal study author, stated: “The study adds to a growing body of scientific literature that indicates HFCS consumption may result in negative health consequences distinct from and more deleterious than natural sugar.” 

Professor Stanley Ulijaszek, the Director of the Institute of Social and Cultural Anthropology at the University of Oxford, stressed the importance of natural sugars: “Many people regard fructose as a healthy natural sugar from fruit, and that's true.  Natural fructose found in fruit for example, is fine: the 10g or so of fructose in an apple is probably released slowly because of the fibre within the apple and because the fructose is inside the cells of the apple.” 

He denounced the use of non-fruit based fructose though, stating the “fructose is especially difficult for the body to metabolize, and is a risk for type 2 diabetes because fructose and sucrose are not metabolically equivalent.” 

The study was published in the journal, Global Public Health

Source: University of Oxford

Streams Begin to Degrade at Earliest Stages of Urban Development

Streams Begin to Degrade at Earliest Stages of Urban Development

 

According to a recent study by the United States Geological Survey (USGS), sensitive species in streams can begin to disappear at the earliest stages of urban development.  The Department of Interior has long known that urban development affects stream quality and biodiversity, but the new study suggests the streams are more vulnerable than once thought. 

Urban development introduces contaminants into the stream, destroys the surrounding habitat, and increases streamflow during flash floods.  EPA regulations of wetlands and certain natural habitats as well as local codes and ordinances have restricted urban development in vulnerable areas, but significant damage is still occurring. 

For example, the USGS states that by the time 20 percent of watersheds were affected by urban development in New England, about 25 of invertebrate diversity disappeared. 

During the study by the USGS, the followed studies areas were observed: Atlanta, GA, Birmingham, AL, Boston, MA, Dallas, TX, Denver, CO, Milwaukee, WI, Portland, OR, Raleigh, NC, and Salt Lake City, UT.  The study found that areas ranging biologically and geographically responded differently to the affects from urbanization. 

For example, the areas that experienced the most loss of sensitive species were covered by forest before urban development.  These areas included the Boston, Portland, Salt Lake City, Birmingham, Atlanta, and Raleigh metropolitan areas.  Areas with the smallest loss of sensitive species were mainly covered by agricultural land before urbanization.  These areas included the Denver, Dallas, and Milwaukee metropolitan areas. 

Dr. Gerard McMahon, the lead scientist during the study, states: “The reason for this difference was not because biological communities in the Denver, Dallas, and Milwaukee areas are more resilient to stressors from urban development, but because the biological communities had already lost sensitive species to stressors from pre-urban agricultural land use activities.” 

The USGS study found that degraded streams can in fact undergo improvements.  However, the improvements on stream quality and biodiversity are only possible with environmental management plans, legislative action in local areas and entire watersheds, and strict enforcement of zoning codes within metropolitan areas.

The USGS found that no stressor is directly responsible for the degradation of streams.  In other words, no insecticide, chloride, or nutrient is solely responsible for the degradation.  Identifying all stressors and their combined effects on the environment is key. 

USGS Director Marcia McNutt stated: “We tend not to think of waterways as fragile organisms, and yet that is exactly what the results of this scientific investigation appear to be telling us.  Streams are more than water, but rather communities of interdependent aquatic life, the most sensitive of which are easily disrupted by urbanization.”

Source: United States Geological Survey

DC Preserves 250 Acres after Storage Tank Violations

DC Preserves 250 Acres after Storage Tank Violations


On October 18, 2012, the Environmental Protection Agency (EPA) stated the government for the District of Columbia has agreed to preserve 250 acres of land located in Anne Arundel County, Maryland.  The agreement by the DC government puts an end to settlement negotiations after EPA regulations for underground storage tanks were violated at D.C. Department of Youth Rehabilitation Services on 8300 Riverton Court in Laurel, Maryland.  


In 2010, the District paid a penalty of $73,489 and removed a total of 14 underground storage tanks and 725 tons of contaminated soil in Anne Arundel County.  The District also agreed to complete a project that would allow for the preserved open space.  


The District submitted a quit claim conservation easement on September 26, 2012 to the Maryland Environmental Trust, the Scenic Rivers Land Trust, Inc., and the Patuxent Tidewater Land Trust, Inc.  The purpose of a quit claim conservation easement is to protect and preserve the open space and only allow certain recreational activities like hiking, fishing, kayaking, and similar activities.


The 250 area of land has woodlands, wooded wetlands, open wetlands, and the Little Patuxent River runs through the property.  


The District violated regulations under the EPA when they failed to install equipment that can prevent spills and overfills of the underground storage tanks.  Additionally, the District did not include corrosion protection on the tanks, and 9 of the underground storage tanks were not registered with the Maryland Department of the Environment.  Because of the neglect, a large amount of soil was contaminated.  


The EPA states that underground storage tanks that hold gasoline, oil, and other petroleum products are one of the leading causes of groundwater and soil contamination.  The EPA has regulations in place to avoid spills and protecting the surrounding community.  


Source: U.S. Environmental Protection Agency

Hazardous Waste Pickup Scheduled for Suffolk County

Hazardous Waste Pickup Scheduled for Suffolk County


On November 12, 2012, the Environmental Protection Agency (EPA), New York State Department of Environmental Conservation, and Suffolk County will begin to collect household Hazardous waste from homes damaged by floods in Suffolk County.  The agencies are allowing people in affected homes to dispose of solvents, paints, household cleaners, propane tanks, oil and petroleum products, batteries (including car batteries), bleach, ammonia, and similar items.  


Residents in Babylon, Patchogue, Mastic Beach, and Riverhead can place the waste on curbs for cleanup, and other residents can take the hazardous material to one of four locations:


•    Venetian Shores Park on 801 Granada Parkway in Lindenhurst, New York
•    Islip Multipurpose Recycling Facility on 1155 Lincoln Avenue in Holbrook, New York
•    Wastewater Treatment Plant on 1 Hammond Street in Patchogue, New York
•    Highway Barn on 1177 Osborn Road in Riverhead, New York


The EPA reports that all debris contaminated with oil or petroleum products should be separated from other hazardous material and placed in an area with good ventilation.  If you store the oil-contaminated material outside, make sure to cover the debris to avoid water and soil contamination.  


Disinfect all material contaminated by flood water as soon as possible.  The EPA states that items can become toxic after exposure to sewage, heating oil, and even garden chemicals.  If something is porous, you should try to dry out the item to prevent mold.  Otherwise, discard the item.  


EPA Regional Administrator Judith A. Enck states, “The EPA is urging people to separate potentially hazardous products from their regular trash and bring them to one of the newly established drop-off locations or place them on the curb in areas with curbside pickup.”


If you notice any oil or chemical spills, you should contact the DEC’s Spills Hotline at 1-800-457-7362 immediately.  


Source: U.S. Environmental Protection Agency

UNEP Releases Results of Recent MDF-F Initiative

UNEP Releases Results of Recent MDF-F Initiative


ON December 1, 2012, the UN Environment Programme (UNEP) released the recent initiatives of the Millennium Development Goal Achievement Fund (MDG-F) at the UN Climate Change Conference in Doha, Qatar.  The report describes areas that are currently undergoing massive changes from climate change and steps these areas can take to stop and reverse that climate changes they’ve experienced so far while preparing the community for natural disasters in the future.  


The MDF-F was formed by the Spanish Government in 2006.  Spain gave about $89 million to support the MDG-F, and the funding will end in December 2012.  


The recent case studies examine areas like Afghanistan, Bosnia, Herzegovina, Columbia, China, Ecuador, Egypt, Ethiopia, Guatemala, Jordan, Mauritania, Mozambique, Nicaragua, Panama, Peru, Philippines, Senegal, and Turkey.  


Federico Ramos de Armas, Spain’s State Secretary for the Environment, stated: “In order to accomplish and accelerate progress on the MDGs at the country level, the Millennium Development Goal Achievement Fund (MDG-F) was established by Spain with substantial contributions that reflect the importance that our country attaches to sustainable development.  Progress on the Millennium Development Goals can only be sustained by a healthy planet.”  


Some of the case studies published in the recent report are described below.  


Rural indigenous communities in the southern Andean highlands of Peru and their crops have suffered from climate change in recent years.  These areas rely on annual harvests to feed their families.  Because these areas lie in such isolated mountainous regions, the areas rely on radio communication.  UNEP currently released a radio broadcast called “Pachamamanchista Munakusun” (Nurturing Our Land) that increases awareness about climate change and promotes sustainable ways of water harvesting, reforestation with native trees, and the prevention of forest fires.  


Another example includes the urban poor in the southern province of Luzon in the Philippines, Sorsogon.  Many of the urban poor live in areas near esteros, the river and coastal areas most affected by natural disasters in typhoons and flooding.  Some of these areas are entirely swept away during natural disasters.   UNEP worked with local governments and communities to develop hazard planning and develop social infrastructure.  


The MDG-F raises awareness but also works with local government to develop plans for action.  


Federico Ramos de Armas added: “Attaining environmental sustainability is a major challenge of the Millennium Development Goals and is also crucial to ensure sustainable development at a larger scale.”  


Including small communities and less-developed nations in climate change efforts by industrialized counties is a common theme in the current talks at Doha.  


The entire MDF-F is found on UNEP’s website.

Source: United Nations Environment Programme

Florida’s Rules against Nutrient Pollution Approved

Florida’s Rules against Nutrient Pollution Approved


On November 30, 2012, the EPA approved nutrient pollution standards established by the Florida Department of Environmental Protection (FDEP) to protect waterways from excess amounts of nitrogen and phosphorus.  The two nutrients are the main source of water quality problems in Florida and can cause huge algal blooms.  


The new rules under FDEP create numerical limits for nutrient pollution in springs, lakes, streams, and certain estuaries.  The EPA examined the state’s adopted rules and found they are equal to the Clean Water Act and other federal regulations.  


The EPA found that the FDEP’s numerical limit method was technically and scientifically effective and even more effective that the state’s former methods.  The numerical limits adopted by the state for nitrogen and phosphorus are equal to limits in EPA’s 2010 rules.  FDEP has also adopted biological and chemical measuring methods that can identify and prevent nutrient pollution downstream.  The biological and chemical information will help the state determine if an area is in need of restoration.  


EPA Regional Administrator Gwen Keyes Fleming stated: “Nutrient pollution threatens human health and the environment, hurts businesses, costs jobs, reduces property values and otherwise impacts the quality of life for all Floridians.  Clean water is vital for Florida and EPA commends FDEP for taking this significant step towards protecting and restoring water quality across the state.”  


The Clean Water Act gives states the responsibility to protect their water quality.  Yet, the EPA will still continue to impose two federal nutrient rules because of the 2009 consent decree between the EPA and the Florida Wildlife Federation.  The FDEP’s rules do not cover some parts of the state, so the EPA will impose federal nutrient levels in these areas as well.  


One of the rules enforced by the EPA regulates the amount of nutrient levels in estuaries, coastal waters, and streams in South Florida.  The second federal rule enforces limits in inland waters.  


The EPA is open to public comment on the new rules during sessions in Tampa from January 17 to January 18, 2013.  Public commenting is also available on the internet from January 22 to January 24.  The EPA is required to officially approve FDEP’s rules by August 31, 2013.  Coastal rules need approved by September 30, 2013.


Florida has just recently adopted rules for estuaries in state’s panhandle, and the EPA believes FDEP will submit new rules for these uncovered areas that meet standards under the Clean Water Act.  


Source: Environmental Protection Agency

Report: Climate Change and its Impact on Wildlife

Report: Climate Change and its Impact on Wildlife

From moose in Minnesota to caribou in Alaska to birds in the Great Plains, new studies say that animals are struggling to adapt with new climate conditions caused by the burning of fossil fuels and the subsequent penetration of carbon emissions into the atmosphere.

“Changes to the climate are the biggest threats wildlife will face this century,” says the report released by the National Wildlife Federation, an environmental organization based out of Virginia.

Though animals are genetically coded to adapt to natural climate alterations since the beginning of time, the changes are happening at an accelerated rate. This man-influenced exacerbation seemingly extends beyond the natural capabilities of adaption in most animals. “The climatic conditions to which species have grown accustom to are rapidly changing,” according to “Wildlife in a Warming World”, the report issued by the National Wildlife Federation.

The federation claims that climate changes are happening much faster than what animals are accustom and able to respond to. The federation says these words are not based on a computer model simulation but rather “evidence that is taking place before our eyes.” Climate scientist, Amanda Staudt, says that several plant and animal species are migrating to colder locations and these shifts are taking place two to three times faster than scientists expected.

The report notes that a couple of species facing extinction are bighorn sheep in California and two species of butterflies in the San Francisco Bay area.

In addition to the moral aspect of caring for Earth’s fellow organisms, wildlife contributes hundreds of billions of dollars to the United States’ economy each year, says Mark Shaffer, the national climate change policy director for the Federal Fish and Wildlife Service. Mr. Shaffer says there are a number of ways that wildlife is of value to the human population, whether through harvesting, catching or just viewing. “We are seeing the effects of climate change on wildlife and we are anticipating greater effects in the future,” said Shaffer.

The importance of wildlife can be viewed by one minute aspect of the food chain: by feasting on insects, bats contribute up to $3 billion per year to pest control services.

The warming temperatures in the West led to a recent explosion in one species of insect: widespread pine beetle infestations left swaths of dead trees in their wake according to the report.

Although the warming temperatures may provide benefits to wildlife, the negative impact will be far greater. Michelle Staudinger, a fellow with the U.S. Geological Survey, said that climate change adds to the bevy of problems, including land use changes, increased pollution and exploitation–facing wildlife in the USA.

According to the NWF report, empirical evidence is present that shows declines in species populations and localized extinctions as a result of climate change. The exact number of species that will go extinct depends on how much the planet warms during the subsequent decades.

Judge Halts Sales From Wind Turbine Company

 Judge Halts Sales From Wind Turbine Company

According to documents filed in Minnesota courts last week, a renewable energy company in Minnesota told farmers that wind turbines would pay for themselves in a few months or years through a combination of grants and energy credits.  However, farmers who purchased the systems at a minimum price of $119,000 quickly found out that their money was difficult to come by—because Renewable Energy SD failed to actually provide the systems farmers had bought.

While in some cases the Minnesota Attorney General's office says that Renewable Energy SD provided no wind turbine whatsoever to the farmers who had bought them in the hopes of generating energy and making some money on the side with their farmland, in other cases they didn't help farmers to achieve the revenue projections they claimed were realistic when erecting a wind turbine.

The Minnesota AG filed for an emergency restraining order against Renewable Energy SD, saying that they should no longer be allowed to sell their wind turbine systems until complaints alleging that their systems were improperly maintained and installed are investigated.

Renewable Energy SD, which has a D- rating on the Better Business Bureau website after repeated complaints against the company, is accused of having scammed up to 150 customers who had purchased the six-figure wind turbine systems.

The state of Minnesota, particularly in its western half, is considered especially fertile territory for wind energy generation.  Renewable Energy SD told farmers and others that putting a wind turbine on their property would generate relatively fast returns.  According to documents obtained by the Attorney General's office, farmers were told that 30 percent of the cost of the windmills would be borne by tax credits, while the remaining 70 percent could be gotten by generating energy and selling it back to the energy companies for $700 to $1300 every month.  However, without fully functioning wind turbines, farmers say they were unable to realize anything close to the rate of return that they had been promised by Renewable Energy SD.

Four different individual farmers had filed individual lawsuits against Renewable Energy SD before the complaint was picked up by the Minnesota Attorney General.  According to the AG, Renewable Energy SD has also failed to renew its certificate of authority, meaning that any business it has transacted since August of 2012 has been without correct authorization from the state of Minnesota.

Source: mncourts.gov

New Heads Nominated for EPA, Energy

 New Heads Nominated for EPA, Energy

President Obama nominated new heads for the EPA and the Department of Energy on Monday, triggering flurries of speculation about what the White House's energy and environmental policy will look like over the next four years.

With Obama's second term beginning, new appointments have had to be made for a wide range of cabinet level and lower positions.  Steven Chu, the former head of the Department of Energy, is heading back to California, while physicist Ernie Moniz was chosen as his replacement.

Moniz worked previously as Under Secretary of Energy during Bill Clinton's second term.  An MIT professor, Moniz spearheaded the Energy Initiative at the institute to create ideas to contribute to America's energy independence.

Gina McCarthy, an administrator at the EPA, was named to be its head.  The McCarthy pick may turn out to be controversial.  While McCarthy has gained a reputation as a pragmatic, straight shooting leader that earned her accolades from President Obama, the Environmental Protection Agency has come under fire from Republicans in recent days and weeks for an alleged lack of transparency.

Previous EPA chiefs have been accused of violating federal transparency rules, including sending and receiving emails at non-federal addresses to avoid having their emails read.  The agency has also been accused of dragging its feet on Freedom of Information Act requests made by conservative groups hostile to the EPA, while allowing liberal groups prompt access when making similar requests.

The Senate has been reluctant to agree to a number of nominations from President Obama, and not just in his second term.  The position of Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives has been vacant for longer than six years because Senate Republicans have so far filibustered any attempts made at a nomination.

Republicans have had longstanding objections to the Environmental Protection Agency, begun under Republican Richard Nixon to ensure that the federal government had the power to keep the nation's air, soil, and water clean.  According to many Republicans in the House and Senate, the EPA's focus on cleaner and alternative energy sources has lacked a balance with fossil fuel energy sources.  

Republicans from coal and oil states may try to block McCarthy's nomination in spite of her moderate stances, just to send a political message to the White House that indicates they are not happy with the way the agency has been handling its duties.

Sources: whitehouse.gov, congress.gov, senate.gov