EPA National News: 1. EPA RECOGNIZES BUILDINGS FOR SUPERIOR ENERGY PERFORMANCE, 2. EPA PUBLISHES REPORT ON HIGH-PERFORMING AND COST-EFFECTIVE HAZARDOUS WASTE TREATMENT TECHNOLOGIES, 3. PUBLIC COMMENT SOUGHT REGARDING HUMAN TESTING DATA, 4. EPA FINALIZES CHANGES TO THE “MACT HAMMER” RULE, 5. EPA LAUNCHES NEW COMPLIANCE ASSISTANCE CENTER FOR AUTO RECYCLERS, 6. ILLINOIS MAN PLEADS GUILTY TO FALSIFYING REFRIGERANT CERTIFICATION TEST RESULTS
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1. EPA RECOGNIZES BUILDINGS FOR SUPERIOR ENERGY PERFORMANCE, 2. EPA PUBLISHES REPORT ON HIGH-PERFORMING AND COST-EFFECTIVE HAZARDOUS WASTE TREATMENT TECHNOLOGIES, 3. PUBLIC COMMENT SOUGHT REGARDING HUMAN TESTING DATA, 4. EPA FINALIZES CHANGES TO THE “MACT HAMMER” RULE, 5. EPA LAUNCHES NEW COMPLIANCE ASSISTANCE CENTER FOR AUTO RECYCLERS, 6. ILLINOIS MAN PLEADS GUILTY TO FALSIFYING REFRIGERANT CERTIFICATION TEST RESULTS

Press Advisory

Following are some Agency developments which may interest you. If you need
more information on any of these subjects, call the appropriate contact.



EPA RECOGNIZES BUILDINGS FOR SUPERIOR ENERGY PERFORMANCE
Cathy Milbourn 202-564-7824/milbourn.cathy@epa.gov


To date, over 1,000 of the nation’s most energy efficient buildings have earned EPA’s ENERGY STAR® designation for superior energy performance. The buildings receiving these awards use about 40 percent less energy than average buildings, without compromising comfort or services. In 2002 alone, these ENERGY® STAR qualifying buildings spent $130 million less in energy bills and reduced carbon dioxide by 2.6 billion pounds compared to average buildings. Over the past two years, 1,075 ENERGY STAR® awards went to buildings in 47 states and the District of Columbia, with California, Texas, Colorado, and Wisconsin each having over 50 qualifying buildings. Among the top performing buildings are: 339 properties owned by commercial real estate organizations and leased to commercial tenants; 335 public schools; 240 owned and occupied by corporations, including offices, hotels and supermarkets; and 161 owned by federal, state or local governments. Buildings qualify for ENERGY STAR® by earning a score of 75 or higher on EPA’s 100-point national energy rating scale. These buildings must also meet industry standards for comfort and indoor air quality, as verified by a professional engineer. For more information go to: http://www.energystar.gov or call 1-888-STAR-YES.

EPA PUBLISHES REPORT ON HIGH-PERFORMING AND COST-EFFECTIVE
HAZARDOUS WASTE TREATMENT TECHNOLOGIES
Suzanne Ackerman 202-564-7819/ackerman.suzanne@epa.gov


The National Risk Management Research Laboratory, under EPA’s Office of Research and Development, has published the “The Superfund Innovative Technology Evaluation (SITE) Program Annual Report to Congress Fiscal Year 2001.” The SITE Program provides environmental decision-makers with data on new treatment technologies that perform better and cost less than existing technologies. Since the program’s inception in 1986, it is estimated that cleanup of contaminated sites through the use of SITE technologies has resulted in cost savings of more than $2.6 billion. This program was established in response to the 1986 Superfund Amendments and Reauthorization Act, which recognized the need for new treatment technology research. Treatment tools and technologies developed under SITE prevent and control pollution of air, land, water; protect public water systems; remediate contaminated sites and ground water; and prevent and control indoor air hazards. New technology is field-tested on hazardous waste materials, and engineering and cost data are collected so potential users can assess the technology’s applicability to a particular site. The report discusses the SITE program’s cost savings and vendor benefits through the promotion of innovative, cost-effective technologies. More information on the SITE program is available at: http://www.epa.gov/ORD/SITE/.

PUBLIC COMMENT SOUGHT REGARDING HUMAN TESTING DATA

David Deegan 202-564-7839/deegan.dave@epa.gov


On May 7, EPA published an Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register to solicit public comment about criteria and standards the Agency would use in deciding the extent to which it will rely on certain kinds of human research to support its actions to protect public health and the environment. This notice begins a process to establish rigorous scientific and ethical standards that EPA would apply in its analysis of various types of research involving people exposed to toxicants to identify or quantify their effects. The Agency will particularly focus on “third-party intentional dosing human studies,” but recognizes that standards applicable to these studies may also be applicable to other types of studies. “Third party studies” refers to research not conducted or supported by EPA or other federal agencies, and therefore not governed by the Common Rule to ensure that human test subjects have adequate protections. The Agency is seeking public comments on how to determine the extent to which it will consider or rely on results from particular types of studies involving human subjects, and how EPA might be able to establish robust standards for the protection of human subjects, in preparation for developing a rule or policy on this issue. The Agency’s focus in developing a future policy or rule must be protection of the welfare of human research subjects and adherence to the most rigorous ethical and scientific standards. Along with public comments, EPA will also carefully consider advice expected later this year from the National Academy of Sciences. This process will allow EPA to review its approach to human subjects research and develop a rule or policy in a transparent and participatory manner. Comments on this ANPR will be accepted for 90 days. The Federal Register notice can be found at: http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/May/Day-07/g11002.htm.


EPA FINALIZES CHANGES TO THE “MACT HAMMER” RULE

David Deegan 202-564-7839/deegan.dave@epa.gov


EPA has revised two rules contributing to its efforts to reduce national emissions of toxic air pollutants. The first action amends a rule known as the “General Provisions” which establishes a common set of requirements for developing rules or standards to regulate emissions of toxic air pollution. In the second action, EPA is amending its rule known as the “Section 112(j) or MACT Hammer rule.” This rule currently affects over 40 categories of industry for which EPA has yet to issue national air toxics emissions standards. The 1990 Clean Air Act charged EPA with a very large task – in just 10 years the Agency was to issue regulations that would reduce air toxic emissions from over 170 categories of industries. To date, the Agency has issued rules to control emissions of air toxics from 112 of the 154 categories of industries currently listed for control. Sixteen of the original categories have been delisted or are included within other categories. EPA is committed to completing the remaining emissions standards by the deadlines agreed to in a March 2003 settlement agreement with the Sierra Club – all will be completed by June 14, 2005. These amendments include a backstop to insure that emissions reductions will occur by requiring states to set emission limits on a facility-by-facility basis should EPA not be able to finalize the remaining air toxics standards as agreed.

EPA LAUNCHES NEW COMPLIANCE ASSISTANCE CENTER FOR AUTO RECYCLERS

John Millett 202-564-7842/millett.john@epa.gov


EPA has introduced a new web-based Compliance Assistance Center to help automotive recyclers comply with federal and state environmental regulations. The new center, the Environmental Compliance for Automotive Recyclers – or ECARcenter – is a cooperative effort between the Automotive Recyclers Association (ARA) and the National Center for Manufacturing Science, and is funded by EPA. In addition to explaining federal and state environmental requirements applicable to the automotive recycling industry, ECARcenter gives users the latest industry news from U.S. and international publications. EPA Assistant Administrator for Enforcement and Compliance Assurance, John Peter Suarez, announced the new center at the ARA’s leadership conference in Washington, D.C. on May 9. ECARcenter is the second of two new Compliance Assistance Centers launched recently by EPA. On May 1, Administrator Christie Whitman introduced the new Construction Industry Compliance Assistance Center (http://www.ECARcenter.org), partnering with industry, academic institutions, environmental groups, and other agencies to develop thirteen sector-specific Compliance Assistance Centers so far. Other Centers include agriculture, auto repair, chemical, federal facilities, local government, metal finishing, painting and coatings, printed wiring board, printing, transportation, and U.S. / Mexican border environmental issues. EPA surveys suggest that the Centers are serving their intended purpose: to provide access to current information and an increased understanding of applicable regulations. At least 73 percent of the respondents took one or more actions (e.g., conducted a self audit, changed a process or practice) from Center use. Furthermore, 69 percent of the survey respondents reported a cost savings from these actions and 85 percent of respondents reported an environmental improvement. To visit all Compliance Assistance Centers, see: http://www.assistancecenters.net/.

ENFORCEMENT WRAP-UP

John Millett 202-564-7842/millett.john@epa.gov

ILLINOIS MAN PLEADS GUILTY TO FALSIFYING
REFRIGERANT CERTIFICATION TEST RESULTS



On April 23 in U.S. District Court in Chicago, Louis Molenda of McHenry, Ill., pled guilty to falsifying test results for workers applying to be certified to work in the refrigeration industry. Molenda worked as a free-lance proctor who administered certification tests for Nugent Associates, a New York firm that has an EPA-approved certification program. Workers who install or repair refrigeration equipment that contains chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) refrigerant gasses are required to be certified under Section 608 of the Clean Air Act. For a fee of $105, Molenda would fill in the correct answers on a student’s test and then submit the falsified test results so students could obtain their certificates. Certification helps ensure that CFC and HCFC gases are not released to the atmosphere when refrigeration equipment is worked on. Both of these gases deplete the earth’s ozone layer which protects people, plants and animals from the harmful effects of ultraviolet radiation. When sentenced, Molenda faces a maximum sentence of up to five years in prison and/or a fine of up to $250,000. The case was investigated by EPA’s Criminal Investigation Division. It is being prosecuted by the U.S. Attorney’s Office in Chicago.

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