PCBs in Light Fixtures - EPA Guidance To Schools

U.S. Environmental Protection Agency (EPA) has released guidance recommending steps schools should take to reduce potential exposures to PCBs from older fluorescent lighting fixtures. The guidance is based on evidence that the older ballasts contain PCBs that can leak when the ballasts fail, leading to elevated levels of PCBs in the air of schools that could pose health concerns if they persist over time.

EPA banned the processing and distribution of PCBs in 1979 under their Toxic Substances Control Act authority. However, uses of older PCB-containing ballasts were allowed to continue, provided that the ballasts had not failed and the PCBs were not leaking. EPA believes many schools built in the U.S. before 1979 have light ballasts containing PCBs. A recent pilot study of three schools in New York City found that many light ballasts in the schools contained PCBs and had also failed, causing the PCBs to leak and contributing to increased levels in the air that school children breathe. EPA is recommending older PCB-containing lighting ballasts be removed, whether as part of a previously scheduled lighting retrofit program or a stand-alone project.

EPA has also developed information on how to properly handle and dispose of PCB-containing fluorescent light ballasts and properly retrofit lighting fixtures to remove potential PCB hazards.

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EPA and ECHA Cooperation On Chemical Data, REACH Data

U.S. Environmental Protection Agency (EPA) and the European Chemicals Agency (ECHA) have announced a partnership to promote enhanced technical cooperation on chemical management activities. ECHA is the agency that implements the European Union’s chemical management program known as REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals). The partnership was formalized through a statement of intent at the Transatlantic Economic Council (TEC) meeting in Washington, D.C.

The statement describes a process for cooperating on a range of issues of mutual interests including toxicity testing, the hazard and risk assessment of chemicals, risk management tools, scientific collaboration, and information exchange.

A major area of collaboration will be in the exchange of data and information between ECHA and EPA, including non-confidential information on hazards, uses, and substance identification, and data collected under REACH. The two agencies will also share criteria for managing confidential business information (CBI).

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National Contingency Plan Subpart J Product Schedule Revisions

EPA is considering proposing revisions to Subpart J of the National Contingency Plan (NCP). The Clean Water Act requires EPA to prepare a schedule of dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the NCP.

Under Subpart J, parties wishing to add a product to the Product Schedule must submit technical product data to EPA. EPA is considering revisions to clarify and/or change effectiveness and toxicity testing protocols required for adding a product to the Schedule. EPA believes these changes, if finalized, will help ensure protection of the environment when these products are used to clean up and mitigate oil spills (1) into or upon navigable waters, adjoining shorelines, the waters of the contiguous zone, or (2) which may affect natural resources belonging to or under the exclusive management authority of the United States. The agency is also considering proposed changes to 40 CFR 110.4 regarding the use of dispersants.

At present, EPA anticipates publishing a Notice of Preliminary Rule Making (NPRM) in the Federal Register in December 2011.

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Wind Farm Siting Criteria Proposed By WDNR

Wisconsin Department of Natural Resource (WDNR) has issued recommended guidelines for the environmentally-sound siting of utility-scale wind-electric generating facilities. These guidelines are intended to identify and characterize the presence of resources that are considered sensitive to windfarm development in the area under consideration.

Some of the key siting criteria WDNR recommends include:

1. Wildlife Areas
2. Migration Corridors
3. Current or Proposed Major State Ecosystem Acquisition & Restoration Projects
4. State and Local Parks and Recreation Areas
5. Active Landfills
6. Wetlands
7. Wooded Corridors
8. Major Tourist/Scenic Areas
9. Airport/Landing Strip Clear Zones and other lighted facilities

Site Characterization Studies
WDNR belives that a site characterization study is an important step in considering and evaluating potential windfarm locations. A baseline wildlife evaluation should be conducted for each site under serious consideration for windfarm development. To allow comparison with other studies, this evaluation should follow accepted standard protocols for windfarm evaluations.

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WDNR Report On Authorities Needed To Minimize Impacts of Wind Energy Projects

The Wisconsin Department of Natural Resources (WDNR) has submitted a report to the Wisconsin Legislature in November 2010 regarding the agency’s authority to protect wildlife and natural resources from wind project impacts. The WDNR report was submitted in response to 2009 Wisconsin Act 40, which required the agency to determine if its “statutory authority is sufficient to adequately protect wildlife and the environment from any adverse effect from the siting, construction, or operation of wind energy systems.”

WDNR made four recommendations to enhance its current authority to minimize potential impacts from wind projects:

1. Require WDNR to prepare a formal “biological opinion” and require the Public Service Commission of Wisconsin (PSCW) to consider that opinion before PSCW approves a wind project; this opinion would 1) describe the potential impacts of the project to wildlife and natural resources; 2) identify potential conflicts with wildlife protection laws; 3) reach a conclusion as to whether the project has the potential to cause a significant adverse impact to habitat and fish and wildlife resources; and 4) reach a conclusion as to whether mitigation measures can be implemented to substantially reduce those impacts below the level of significance;

2. Require a wind project developer to obtain Incidental Take Permits or Authorizations under the Wisconsin Endangered Species Law before constructing a wind project; currently, developers are encouraged but not required to obtain such authorizations;

3. Expand the Wisconsin Endangered Species Law to protect endangered and threatened species habitat, as currently included the Federal Endangered Species Act; and

4. Require easements for wind facilities to authorize access to those properties for the conduct of biological studies by developers, WDNR personnel and/or authorized agents.

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