EPA National News: EPA Press Advisory: (1) EPA Proposes Critical Use Exemption of Methyl Bromide; (2) EPA Seeks Comment on Proposed Truck Stop Idling Rules; (3) EPA Funds Study to Determine Truck Drivers’ Exposure to Idling Emissions; (4) Connecticut Shipping Corporation to Pay $4.2 Million for Dumping Oil at Sea
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EPA Press Advisory: (1) EPA Proposes Critical Use Exemption of Methyl Bromide; (2) EPA Seeks Comment on Proposed Truck Stop Idling Rules; (3) EPA Funds Study to Determine Truck Drivers’ Exposure to Idling Emissions; (4) Connecticut Shipping Corporation to Pay $4.2 Million for Dumping Oil at Sea

(1) EPA Proposes Critical Use Exemption of Methyl Bromide


Cynthia Bergman, 202-564-9828 / bergman.cynthia@epa.gov


The Environmental Protection Agency is proposing a rule to amend existing regulations that call for the phaseout of methyl bromide (MeBr) by January 1, 2005. The Agency’s action seeks to create a critical use exemption for MeBr. The exemptions for continued production and import of methyl bromide would continue to honor the U.S. commitment to obtain for American farmers the methyl bromide they need, in a manner consistent with the Montreal Protocol, while protecting the ozone layer. The critical use exemptions proposed by EPA were developed through collaboration between EPA, the U.S. Department of Agriculture, agricultural economists and many other technical experts. EPA conducted six stakeholder sessions during the summer of 2003 (see http://www.epa.gov/ozone/mbr for transcripts) to discuss the variety of options for the allocation system. EPA will publish the proposed rule in the Federal Register and will accept comments on the proposed rule during a 30-day comment period. Critical use exemptions are anticipated under the Montreal Protocol for circumstances where there are no technically and economically feasible alternatives to methyl bromide. The critical use exemptions are from 2005 phaseout of methyl bromide and subject to countries obtaining authorization from the Parties to the Montreal Protocol. The U.S. is one of 11 countries that have been given critical use exemptions. The 187 countries that signed the Montreal Protocol authorized a total of 8,942 metric tons of methyl bromide for the United States for critical uses in 2005. The signatory countries also established an upper limit on the amount of methyl bromide that can come from new production and import for critical use exemptions in 2005. The parties authorized 35 percent of baseline as the maximum amount of methyl bromide available for the critical uses in 2005. A portion of this amount will be coming from inventory, and the rest from methyl bromide newly produced or imported during 2005. The agreement directs each country to take into account the amount of methyl bromide in inventory that is available for critical uses before licensing new production and import for the critical use exemption. The proposed rule describes the decisions and proposes a method for determining how much of the existing U.S. inventory of methyl bromide is available for critical uses. To update information on methyl bromide inventories being held for sale to other entities, the Agency is publishing concurrently with the NPRM a notice under authority Section 114 of the Clean Air Act. Section 114 of the Clean Air Act gives EPA authority to compel entities to provide information to implement programs under the Act, in this specific case, the critical use exemption program. EPA, USDA and other government agencies have made significant efforts to encourage production of alternatives to MeBr. USDA has invested more than $150 million in MeBr alternative research, and EPA has registered new alternatives for specific crops and food sanitary uses. EPA also has adopted a comprehensive approach to evaluating the currently registered and pending soil fumigants, including giving priority to register promising new alternatives For more information on the proposed rule, visit the website: http://www.epa.gov/ozone/mbr.

(2) EPA Seeks Comment on Proposed Truck Stop Idling Rules

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


EPA is seeking public comment on the development of uniform national standards for truck stop electrification infrastructure to eliminate long-duration truck idling. When trucks idle for long periods – typically to run the heat, air conditioning or other accessories while drivers rest – they waste fuel and emit harmful pollutants. A nationally consistent set of codes and standards for electric hook-ups will encourage truck-stop electrification and prevent the need to idle during rest stops. EPA developed a set of proposed codes and electrical standards in consultation with a range of interested parties. The Federal Register notice was published on July 8, and the comment deadline is Oct. 9. The truck-stop electrification initiative is part of EPA’s SmartWay Transport Partnership. For more information on both please visit: http://www.epa.gov/smartway/newsandevents.htm

(3) EPA Funds Study to Determine Truck Drivers’ Exposure to Idling Emissions

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


EPA has awarded $50,000 toward an interagency study on truck drivers’ exposure to harmful air pollutants while parked at truck stops. Idling produces harmful emissions, such as nitrogen oxides and particulate matter, which can enter the truck cab and create a potentially harmful environment. The study will be conducted by the Department of Energy’s Oak Ridge National Laboratory and the University of Tennessee. For more information about EPA’s idling program, visit http://www.epa.gov/smartway/idling.htm

(4) Connecticut Shipping Corporation to Pay $4.2 Million for Dumping Oil at Sea

Christopher Lagan, 202-564-7338 / lagan.christopher@epa.gov


OMI Corporation of Stamford, Connecticut, was ordered to pay a $4.2 million fine for violating the Act to Prevent Pollution from Ships (APPS). The OMI Corporation’s tanker Guadalupe illegally discharged oil using a bypass hose to circumvent on-board pollution control equipment and concealed the discharges through false entries in the ship’s Oil Record Book. The Guadalupe routinely transported crude oil and petroleum products between the United States, Europe, the Caribbean and Latin America. In September 2001, the ship’s second engineer went to a local police department when the ship docked in Cartaret, N.J. He informed the police that he was being ordered to dump oily wastes at sea. The second engineer was awarded $2.1 million of the fine, said to be the largest bounty ever paid to a whistleblower under APPS. The ship’s captain, Ashok Kumar, and chief engineer, Elangovan Mani, have also pleaded guilty in this case. Sentencing took place on August 6 in U.S. District Court for the District of New Jersey. The case was investigated by the U.S. Coast Guard Investigative Service, the New York Office of EPA’s Criminal Investigation Division and the Inspector General’s Office of the U.S. Department of Transportation. It was prosecuted by the U.S. Attorney’s Office for the District of New Jersey and the Environmental Crimes Section of the U.S. Department of Justice in Washington, D.C.


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