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EPA Do-Nothing Rule on Cement Kiln Mercury Pollution Ignores Court Order, Public Outcry
 
Activists back in court to challenge EPA's latest refusal to control toxic
                             mercury emissions

    WASHINGTON, Feb. 20 /PRNewswire-USNewswire/ -- Environmentalists
challenged the Environmental Protection Agency's latest refusal to limit
cement kilns' mercury emissions late last week in a federal lawsuit against
the EPA. Earthjustice is representing Sierra Club, Downwinders At Risk
(Texas), the Huron Environmental Activist League (Michigan), Friends of
Hudson (New York), Desert Citizens Against Pollution (California) and
Montanans Against Toxic Burning in the lawsuit. New York State is also
expected to challenge this rule in a separate lawsuit today.
    The groups filed the lawsuit February 16 in the U.S. Court of Appeals
for the District of Columbia Circuit.
    In December 2000, a federal court found that EPA's refusal to control
cement kilns' mercury emissions violated the Clean Air Act, and ordered the
agency to set the missing standards. Six years later, EPA has issued only
do- nothing housekeeping requirements that will have "essentially ... zero"
impact on the kilns' toxic pollution. The agency estimates that
approximately 118 cement kilns emit over 11,000 pounds of mercury each
year, making cement kilns one of the largest sources of mercury pollution.
The nation's single largest mercury polluter of any kind is a cement kiln
in southern California, which emitted over 2,500 pounds of mercury in 2004.
    "Once again the EPA has failed to put public health first," said Carl
Pope, Sierra Club executive director. "The agency ignored the law. They
have ignored the courts and they have ignored public health for too long.
It's time for the EPA to do what they should have been doing all along --
reducing the toxic mercury pollution that is harming our health and the
health of our children."
    In addition to defying the Clean Air Act and repeated court orders,
EPA's refusal to set mercury standards ignores the pleas of more than
20,000 people who wrote to the agency urging EPA to finally bring cement
kilns' mercury pollution under control.
    "Under this administration, EPA's disregard for Congress and the courts
has hit a new low," said Earthjustice attorney James Pew. "The Clean Air
Act required EPA to set mercury standards for cement kilns almost a decade
ago. A federal court ordered EPA to issue those standards six years ago.
Still it refuses. This is an agency that thinks it is above the law."
    Mercury is a dangerous and powerful neurotoxin that can cause
developmental problems in newborns and young children. Mercury pollution is
deposited in waters and eventually ends up in our food supply. People are
exposed to unhealthy levels of mercury when we eat mercury-contaminated
fish. EPA estimates that 15% of women of childbearing age, or one out of
every six, have enough mercury in their blood to put a baby at risk of
cognitive and developmental damage.
    "There is a very real, very sad human cost to not cutting toxic mercury
emissions at these cement plants," said Kathy Flanagan, a member of
Downwinders At Risk and stepmother of an 18-year old ADHD/autistic son.
"You hear a lot about the cost to industry to install new controls, but the
human cost, the cost to families, and a clean future never seem to make it
onto EPA's ledger when the government is deciding what to do about so much
mercury coming out of cement plant smokestacks."
    The EPA has been under fire recently for its failure to implement
required rules to reduce toxic air pollution from a variety of industrial
pollution sources. In July 2006, the Government Accountability Office
issued a report that blasted EPA for failing to take action on scores of
specific pollution control measures that Congress required the Agency to
complete years ago. Later that summer, a federal court found that EPA's
implementation of key toxics requirements in the Clean Air Act has been
"grossly delinquent" and that, "EPA ... currently devotes substantial
resources to discretionary rulemakings, many of which make existing
regulations more congenial to industry, and several of which since have
been found unlawful."
    Just this month, the U.S. Senate Committee on Environment and Public
Works held an oversight hearing on EPA, where chairwoman Sen. Barbara Boxer
(D-CA), said in a statement that, "The pattern of these year-end actions is
striking - - the public interest is sacrificed and environmental protection
compromised. Who gains from these rollbacks? Just look at who asked for
them, like Big Oil and the battery industry. EPA's actions and proposed
actions make it clear who EPA is protecting."
 
 
Gradient Benchmark Study Shows Impact of Recent
 Environmental
 Reporting Rules

Asbestos removal was the most commonly identified ARO, followed by PCB
      remediation and uncharacterized site remediation.
    Gradient provides cutting-edge science and strategies for safe
environments. Gradient's Environmental Liability Estimation Practice, under
the direction of Dr. Langseth, assists clients in evaluating potential
environmental liabilities related to current or past operations, orphan
sites, or mergers and acquisitions, and in complex cost allocation matters
arising at multi-party sites.

CAMBRIDGE, Mass., Dec. 22 /PRNewswire/ -- In a benchmark study released
by Gradient, researchers have found that recent laws and regulations for
reporting environmental liabilities are having a profound impact on
business environmental managers. The study, conducted by David E. Langseth,
Sc.D., P.E., Principal and Leader of Gradient's Environmental Liability
Estimation Practice, shows that uncertainties in new accounting
requirements have prompted Fortune 500 companies to use a variety of
approaches to identify, evaluate, and report previously unreported
environmental liabilities. Most notable is a class of liabilities called
asset retirement obligations (AROs), which recognize liabilities today for
expected costs to retire assets such as buildings and equipment,
underground storage tanks, and oil/gas production facilities, rather then
lumping the liabilities together with the assets in a contra asset account,
as was previously permitted.
    According to Dr. Langseth, "Recent changes to Generally Accepted
Accounting Principles (GAAP), coupled with the 2002 enactment of the
Sarbanes- Oxley Act (SOX), have impacted financial reporting of
environmental liabilities at all publicly traded U.S. companies. These new
rules lack clarity in some areas and have led to uncertainty for many
environmental managers about how to effectively comply. As a result,
approaches vary widely."
    Some of these changes are discussed further in a recent Gradient
newsletter available by contacting Greg Ehrlich at
gehrlich@gradientcorp.com.
    Highlights of Dr. Langseth's study Include:

    - Companies were nearly evenly split on whether to judge financial
      materiality, and hence the need to report, of AROs and other
      environmental liabilities on a site-by-site or company aggregate basis.

    - Response to new rules for AROs range from reporting as early as 2002 to
      having not yet reported.

     - Slightly less than half of companies changed procedures in response to
      the Sarbanes-Oxley Act, with responses ranging from improved
      documentation to overall system reviews.

    - Asbestos removal was the most commonly identified ARO, followed by PCB
      remediation and uncharacterized site remediation.
    Gradient provides cutting-edge science and strategies for safe
environments. Gradient's Environmental Liability Estimation Practice, under
the direction of Dr. Langseth, assists clients in evaluating potential
environmental liabilities related to current or past operations, orphan
sites, or mergers and acquisitions, and in complex cost allocation matters
arising at multi-party sites. Dr. Langseth is a registered professional
engineer and earned his Sc.D. in civil engineering from MIT.
    Call Greg Ehrlich, 617-395-5513, for information or services offered by
the Gradient Environmental Liability Estimation Practice team.

Articles

Asbestos lawsuits and lawyers

       Asbestos (a misapplication of Latin: asbestos "quicklime" from the Greek a-, "not"; sbestos, "extinguishable") shows any of a group of fibrous metamorphic minerals of the water magnesium silicate variety.

Today's Worthwhile information:

Asbestos malady, mesothelioma cancers, lung cancers and asbestosis are the diseases caused because of asbestos unmasking. Asbestos constitutes different clearly occurring fibrous minerals in sundry rocks and begrime. It has establish widespread use in industries and construction materials such as fireproofing, roofing shingles, electric insulation, furnace, hot channel covering, and friction products. Brand-new studies maintain, however, revealed that exposure to asbestos can possess injurious form implication following in asbestos infirmity and mesothelioma for both workers in industries start use of asbestos as well as individuals who existent in the environment neighbourhood such places. Workers may inhale exquisite asbestos particles in the
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Asbestos is the placard label given to fixed types of mucilaginous materials. They are silicates of varying compositions; the silica connected near such bases as Magnesium, Iron, Calcium, sodium and Aluminum. Asbestos fibers are inveterately from 20 to 500 ? in dimension and 0.5 to 50? in diameter. Asbestos Slang stiff appear as golden brown or beaded rods near a diaphanous center. The fibers are puzzling. The exposure of asbestos causes fibers to be inhaled and fine dust deposited in the alveoli inside the lungs consequently causing a type of cancer called Mesothelioma (a lethal tumor) involving Mesothelial tissues or
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