ENVINVIRONMENTAL

RONMENTAL SYNOPSIS
alternative methods of compliance, and will result in unnecessary massive job
losses and industry closings. The standards would also require the addition of How to August 2010
multiple controls and complex monitoring in many cases.
In testimony before the task force, Fred Osman, a professional engineer and Contact Vol. 10, No. 8
Published Monthly
owner of Osman Environmental Solutions, an environmental consulting fi rm, said the The Joint
regulations are just one of seven regulatory programs EPA has proposed in the past
two months that “could have major implications for the use of wood or wood waste Conservation
in combustion processes.”
Carl Webb, plant engineering manager for Wood-Mode, Inc., a Kreamer, Sny-
Committee
der County-based leading national manufacturer of custom cabinetry, told the task

The Chairman’s Corner

Phone:
force that the cost of control equipment to meet the regulations would be as much
as $2 million, while building a new boiler would be at least another $2 million to 717-787-7570
$2.5 million. Webb added that just a few years ago, the company had as many Rep. Scott E. Hutchinson, Chairman
as 2,300 employees, but now has approximately 1,200, and consumes half of the Fax:

hardwoods board feet it consumed two years ago. Said Webb about the pro-
posed rules, “…if not checked and more reasonable considerations made, compli-
ance for us will be very prohibitive. The cost of compliance for several woodworking
industry companies will be too great. More companies will be forced to close their
doors or move off shore.”
_____________________________________________________________________
“…incorporate sustainable approaches that protect the
environment and public health while fostering economic recovery
and jobs within the bounds of the law.” – House Resolution 879
_____________________________________________________________________
F
717-772-3836 ollowing a recent meeting, a majority of the Leg-
islative Forestry Task Force (task force) of the Joint
Location: Legislative Air and Water Pollution Control and
Rm. 408, Finance Bldg. Conservation Committee urged changes to proposed U.S.
Environmental Protection Agency (EPA) regulations that
Internet Website: would impose strict new limits on emissions from industrial,
http://jcc.legis.state.pa.us commercial and institutional boilers and process heaters
– including biomass fi red boilers and heaters.
Mail: Left unchanged, the proposed federal regulations, called the Boiler Maximum
Joint Conservation Committee Achievable Control Technology Rule or Boiler MACT Rule, could result in massive
PA House of Representatives job losses and estimated compliance costs in the billions for a

Webb’s comments were echoed by representatives of Domtar, which operates
an environmental award-winning paper mill in Johnsonburg, Elk County that employs
more than 370 people. The company has seen cost estimates of between $10 mil-
lion to $20 million in controls and modifi cations to its two boiler units to comply with
the proposed rule changes.
Finally, Rhett McLaren, an environmental compliance specialist with Penn State
University, estimated that changes the university would have to make at its two steam
plants would carry life cycle costs of between $450 million and $460 million.
Because of the serious implications of the proposed regulations, I am cosponsor-
ing House Resolution 879, introduced by Forestry Task Force member Rep. Gary
Haluska (D-73) and cosponsored by task force member Rep. Kathy Rapp (R-65). The
resolution memorializes EPA to revise the proposed regulations to: “Use a method to
set emissions standards that is based on what real-world best performing units can
achieve…and that refl ects the variability that occurs in real-world, best performing
boilers.”
The resolution also calls on EPA to specifi cally revise its approach for biomass
boilers so that the boilers are not penalized because they start with cleaner fuel, and
have an emission baseline that is very low compared to other fuels.
I question why Pennsylvania and the federal government would offer incentives
to develop the biomass industry because it is sustainable, renewable, and a cleaner
alternative to traditional fossil fuels, only to see EPA then try to decimate a growth
industry with unreasonable infl exible emissions limits, so low that they would be virtu-
ally unachievable for biomass powered boilers.
The companies that our Forestry Task Force heard from are responsible citizens
In This Issue…
number of Pennsylvania manufacturing industries. While the forest
P.O. Box 202254
products industry – a major Pennsylvania employer – would be
Harrisburg, PA 17120-2254
 The Chairman’s Corner .................p. 1 especially hard hit, the proposed regulations would also impact
 Notes From the Director ................p. 2 universities, food product processors, and the chemical, metal-
 Research Briefs ..........................p. 3-6 working, auto, plastic and refi ning industries, just to name a few.
Manufacturing employers are already up against it economically.
 A Blueprint for a Green Economy
We need reasonable, realistic, science-based standards, not ir-
 Numeric Standards for Nutrients a responsible, industry-killing standards.
New Trend? After hearing testimony from several industry members, Penn
State University and an environmental consultant, the task force,
 Health Questions About LEED at the behest of a majority of its members, prepared and offered
Certified Buildings comments to the EPA seeking changes to the Boiler MACT Rule,
and encouraged other industries using such boilers to do the same
 Nitrogen Oxide Emissions Declining
before the August 23 comment period deadline.
 On The Horizon ............................p. 7 Among the national organizations seeking change to the rule,
 Committee Chronicles ...................p. 7 the American Forest and Paper Association (AF&PA) has estimated
the total capital cost of the EPA proposal to be in excess of $21
billion, and as much as $6 billion to $7 billion over the next two
to four years specifi cally for the forest products industry. According to the AF&PA,
the forest products industry has lost 350,000 jobs since the beginning of 2006,
and the proposed rules coupled with other EPA proposals in the pipeline could
mean the loss of “hundreds of thousands” more forest product jobs.
J oint Legislative

J
The National Association of Manufacturers (NAM) also expressed its opposition to
oint Legislative the proposal in a letter to the task force.

C
who are already meeting or exceeding environmental standards and constantly look- Air and Water

C
Pollution Control and Air and Water
ing for reasonable ways to economically improve their environmental performance. Pollution Control and The most common complaints from NAM and affected employers are that the

C
The Boiler MACT rules as presently constituted are unreasonable, and are part of onservation proposed emission limits are unrealistic and virtually impossible to meet, fail to

C
onservation
a tsunami of EPA regulations which will serve only to destroy jobs and close down ommittee take into account variables in fuels and boiler capabilities or allow for fl exible
businesses already on the edge. ommittee (continued on page 8)
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 8 A Legislative Service Agency of the Pennsylvania General Assembly
NOTES FROM THE DIRECTOR
ECTOR
CRAIG D. BROOKS, EXECUTIVE DIRECTOR
T
here are about 24 electronic products in the E-waste recycling laws differ from state to state but
average American household. But, if you’re generally fall into two categories: producer respon-
like many people, you also have a stockpile sibility and advance recovery fee. Under producer
of obsolete electronics stashed in a closet somewhere take-back programs (also called extended producer
because you don’t know how or where to get rid of responsibility), manufacturers are responsible for tak-
them. This electronic waste or “e-waste” generally ing back discarded electronics and establishing the
includes discarded consumer or business electronic proper recycling of the e-waste. Manufacturers often
equipment such as old television sets, VCR’s and DVD build in a recycling fee with their products. Proper
players, computers and monitors, game consoles, recycling means collecting e-waste in the manufactur-
stereos and cell phones. er’s own take-back program or in coordination with
E-waste is one of the fastest growing waste a certifi ed collection and recycling organization. It
streams in the world. In 2004, there were 183 does not include shipping the waste to developing
million computers sold countries. Because such
___________________________________________
globally. It is estimated programs make the manu-
that by the end of 2010, PA is among states considering differing facturers accountable for
there will be 716 million old products, take-backs
versions of e-waste legislation, one
new computers in use. also encourage compa-
of which (House Bill 409) the Joint
With an average life - nies to design products
Legislative Air and Water Pollution
span of just two years, that use fewer toxic sub-
Control and Conservation Committee
millions of tons of e-waste stances.
helped develop
will be generated over a The advance recovery
relatively short period of fee program s shift the
View the Committee’s “Report on E-
time. While many are recyclin g bu rden from
tempted to discard these Waste Recycling Programs and Policy the manufacturer to the
Options” on our website
materials alongside their consu m er. Under this
everyday trash, e-waste ___________________________________________ type of program, when
contains some potentially you purchase a new fl at
dangerous and toxic materials that require special screen TV, for example, you would pay a nonrefund-
handling. Some common hazards in e-waste include: able recycling fee somewhere between $4 and $12
mercury, which is used in fl at panel monitors; lead, dollars. These programs are often criticized because
used in TV and computer cathode ray tubes; bromi- of the upfront fees associated with the collection,
ated fl ame retardants, which are used in plastic cases recycling and disposal of the waste and the lack of
and cables; and cadmium, which was used in older, incentive to entice manufacturers to reduce their use
rechargeable cell phone batteries. of hazardous materials.
To help keep e-waste out of landfi lls, incinera- Currently, the Environmental Protection Agency
tors and your closet, states and local governments and the consumer electronics industry sponsor a pro-
are developing legislation to make sure e-waste is gram call “Plug-in to eCycling” to make it easier to
handled properly through permitted treatment, stor- donate and recycle electronics at local, regional and
age and disposal facilities. Proposed laws also aim national collection and recycling facilities. Last year,
to guarantee that new products are designed and the program recycled or reused more than 47 million
manufactured with fewer toxic materials. pounds of computers, cell phones and televisions.
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 2
ON THE HORIZON . . . A LOOK AT UPCOMING EVENTS
 Monday, September 27, 12 noon, Room G50 Irvis Office Building, Capitol Complex, Harrisburg, PA – En-
vironmental Issues Forum – Matt Smith, Vice-president for Forest Operations for Finite Carbon, a Pennsyl-
vania-based forest carbon development company, will speak about the carbon market and how to create and
monetize carbon credits.
Please call the Committee office at 717-787-7570
if you plan to attend the Environmental Issues Forum.
COMMITTEE CHRONICLES . . .
A REVIEW OF SOME
MEMORABLE COMMITTEE
EVENTS
Fans of the ABC TV show Extreme Home Makeover may want to scan the “extras” in an upcoming show for
familiar faces. The staff of the Joint Legislative Air and Water Pollution Control and Conservation Committee (Com-
mittee) was among the many volunteers on the set when the show came to Tilden Township, Berks County earlier
this month.
As the accompanying photos show, Executive
Director Craig Brooks and staffers Lynn Mash
(photo at left), as well as Tony Guerrieri (right)
and Geoff MacLaughlin (left), flanking Brooks
(back to camera) in photo at bottom left, donned
the show’s volunteer t-shirts and hard hats as part
of the “Urban Fairy Tale” episode.
In one week, volunteers led by the Berks
Homebuilders Association demolished a nearly
unlivable farmhouse and built a brand new
English cottage-style home (photo at top right) complete with windmill, solar panel and gazebo (photo at bottom
right), as well as “critter cottages” for the family’s farm animals for single mother Trish
Urban and her one-year-old daughter Cora. Urban
lost her husband to a congenital heart condition just
hours before giving birth to Cora in February 2009.
The Committee staff was invited to volunteer
by the PA Recycling Markets Center which helped
to provide “green” materials and recycled building
products for the project, as well as collecting and
separating recyclables and trash on the set.
The episode is expected to air in late September
or early October.
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 7

EPA Reports Drop in Nitrogen
Oxide Emissions in NOx SIP Call
States
-- Craig D. Brooks, Executive Director
RESEARCH BRIEFS
excess allowances if they reduce emissions and have
more than they need, or purchase allowances if they
Each month, the committee’s staff
researches and prepares a number of
are unable to keep emissions below their allocated “briefs” on several topics relevant to the Joint
budget. The cap is intended to lend stability and
predictability to the allowance trading market and
Conservation Committee’s mission.
Very often, these briefs include references to
provide regulatory certainty to affected sources.

E
missions of nitrogen oxides in Eastern,
Southern and Midwestern states declined
fi ve percent between 2007 and 2008,
according to a report by the Environmental Protec-
tion Agency (EPA). The 20 states and the District
of Columbia that are subject to EPA’s NOx Budget
Trading Program (NBP) emitted 481,420 tons of
nitrogen oxides in 2008, nine percent below the
amount budgeted for the program and fi ve percent
less than in 2007.
reports and further research on the topics so
Nitrogen oxides react with volatile organic com- that readers may pursue issues on their own.
pounds in the presence of sunlight to form ground-
level ozone. According to the report, 85 percent
of the areas in the 20 states that had exceeded the
air quality standards for ozone are now in compli- Report: Green Economy, Jobs The report also measured private and public
investment for the fi ve states. In 2008, the region
ance. Only one area in Georgia has seen its ozone
concentrations increase since the program’s inception on Upswing in Rocky Mountain attracted more than $500 million dollars in clean
energy-oriented venture capital, a 10-fold increase
while just one other area, in Alabama, has shown no
improvement. The standard, set in 1997, is .08 parts
States compared to 2000 levels. When looking at public
-- Tony M. Guerrieri, Research Analyst funding from competitively-awarded federal stimulus

A
per million averaged over eight hours.
According to the report, “The NOx Budget Trad- report by Headwaters Economics compares grants by the U.S. Department of Energy, Colorado
ing Program: 2008 Highlights” , emissions of nitro- Of the 2,586 emissions sources covered by the how Colorado, Montana, New Mexico, ranked 15th among the 52 states and territories.
gen oxides have declined 62 percent since 2000, trading program in 2008, the report highlights the Utah and Wyoming – fi ve states with vast Utah and New Mexico fell toward the middle of the
when the trading program was implemented, and 75 following results: traditional and clean energy resources – are taking pack, ranked 30th and 37th, while Wyoming and
percent since 1990, when the Clean Air Act was last • 88 percent of all entities regulated by the NBP advantage of clean energy opportunities to create Montana ranked 49th and 52nd respectively.
amended. Ohio, Pennsylvania, Indiana, Kentucky were electric generation units; jobs. Renewable energy production is growing in all
and West Virginia have reported the greatest decreas- • 14 states and the District of Columbia had The report, “Clean Energy Leadership in the fi ve states, and according to the report, there is every
es since 1990. emissions below their allowance budgets; Rockies: Competitive Positioning in the Emerging reason to expect continued rapid expansion. Among
• the average NOx emission rate for the 10 Green Economy” , defi nes the “green economy” as the fi ve states, Montana and Wyoming stand out for
____________________________________________ highest electric demand days ( as measured by mega- business and people that provide products, services their wind and geothermal potential, Utah for solar
Pennsylvania is one of the states watt hours of generation) consistently fell every year of and knowledge associated with alternative energy and geothermal, and Colorado and New Mexico for
reporting the greatest decreases in the NBP; and production, energy effi ciency, recycling and cleanup strength in all three. Recent data from the wind indus-
nitrogen oxide emissions since 1990 • there has been a continuous trend of near- of environmental pollution. It concludes with fi ve try, for example, shows that installed wind capacity
____________________________________________ perfect compliance since the start of the program in keys to success for the states to further benefi t from among the fi ve states increased by 3,000 megawatts
2003 (only two units were out of compliance by a the emerging green economy while measuring the since 1999, with more than two-thirds of that increase
The NBP was established through the NOx State total of 63 tons, and 189 allowances were retired as likelihood that each state’s policies will promote future occurring between 2006 and 2009.
Implementation Plan Call (SIP Call) as a regional cap- penalty). growth and investment.
and-trade program to reduce the regional transport of Using a conservative measurement of green ____________________________________________
On May 1, 2009, the NBP was replaced by
nitrogen oxide emissions from power plants and other the Clean Air Interstate Rule NOx Ozone Season jobs, the report found that employment in the green The report lists five keys to success in
large combustion sources in Eastern and Midwestern Trading Program, which requires emission reduc- economy has grown signifi cantly faster than total building a green economy that could be
states during the high ozone season from May 1 tions from affected sources in an expanded geo- employment. In New Mexico, for example, the num- relevant in other states across the nation
through September 30. As a group, the participating graphic area. Final documents and highlights of ber of overall jobs in 2007 was 13 percent greater ____________________________________________
states cannot exceed the cap, and each individual key results of the program are contained in the than in 1995, compared to 62 percent growth in the
source cannot emit more than the allowances it holds report which can be accessed at: www.epa.gov/ green jobs sector. Looking at the fi ve-state region, On a more cautionary note, the report found an
for compliance. Sources may sell or bank (save) airmarkets/progress/nbp08.html. from 1995 to 2007 total job growth was 19 percent, uneven record for how the fi ve states are pursuing en-
while job growth in the green economy was 30 per- ergy effi ciency, a necessary, cost-effective part of any
cent. Nationwide, jobs overall grew by 10 percent, long-term economic strategy. Each state has a mixed
compared to green job growth of 18 percent from
Want To Go “E-Synopsis”? 1995 to 2007.
record in terms of policy commitments to reducing en-
ergy consumption. None of the states, for example,
You can receive the Environmental Synopsis electronically if you don’t want to wait for Colorado’s green economy led the region with spend money from their own budgets (e.g. other than
the mail to be delivered or you want to save paper. the most clean energy-related jobs (in number and federal funds) on state transit, nor do they mandate
If readers would like to change the method in which they receive the Synopsis from as a percentage) as well as green business estab- coordinated land use and transportation planning.
mailed hard copy to an e-mailed version, please contact Lynn Mash in the committee offi ce lishments. In 2007, the fi ve states supported 3,567
either at 717-787-7570, ext. 10 or e-mail Lynn at lmash@jcc.legis.state.pa.us requesting to Printed on green enterprises with 50 percent based in Colorado The report concludes with fi ve keys to success
(1,778 green businesses). New Mexico and Utah needed for the region to foster continued growth.
be removed from the mailing list and added to the e-mail list. Remember to provide your Recycled These keys could well be applied in other states as
e-mail address. Paper tied for second in the number of green businesses,
with 16 percent each (577 and 579 respectively). well. The keys to success are:
Readers are also reminded that the Synopsis is available on the committee website 1) Strategically Pair Incentives with Clear Policy
Montana had 11 percent (408), and Wyoming six
each month after the Synopsis’ printing. The website address is http://jcc.legis.state.pa.us. percent (225). Goals. Progress depends on a smart mix of appro-

ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 6 ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 3

priate incentives and regulations, such as renewable
portfolio standards with meaningful targets and com-
pliance strategies.
2) Encourage and Capture Large-Scale Invest-
ment. To attract growing private investment and
billions of federal dollars, states must have a mix of
policies, incentives, and proven development exper-
tise.
3) Cultivate a Well-Resourced Business Environ-
ment. Innovative companies require skilled workers,
research institutions, and trained workers.
4) Provide Leadership. Demonstrated commit-
ment to and understanding of the clean energy
economy on the part of state leaders is a key element
in attracting growth.
5) Overcome Limited Infrastructure Capacity. To
fully cultivate their renewable energy resources, the
fi ve states must overcome an inadequate transmission
grid.
Headwaters Economics is a Bozeman, Montana-
based nonprofi t research group focused on land
management decisions in the West. The full report,
state fact sheets, and state-by-state comparisons can
be found at: http://www.headwaterseconomics.
org/greeneconomy/CleanEnergyLeadership.pdf.
EPA Proposal on Nutrients in
Florida Waters Could Set Trend
-- Craig D. Brooks, Executive Director
W
h en th e Environ m ental Protection
Agency (EPA) proposed limits for phos-
phorus and nitrogen in Florida waters,
it marked the fi rst time the federal government has
stepped in to impose numeric standards for nutrients
when a state has failed to do so. But it may not be
the last. The agency is already under the threat of
a lawsuit by environmental organizations seeking
federal action to set standards for oxygen-depleting
nutrients for waters in Wisconsin, and other groups
have petitioned EPA to set water quality standards for
nutrients in all navigable waters of the United States
that lack approved standards.
The proposed nutrient water quality criteria for
Florida would set a series of numeric limits for phos-
phorus and nitrogen pollution in the state’s lakes,
rivers, streams and canals.
Nutrient standards such as these would mean
signifi cant changes in the way wastewater treatment
facilities operate and how farms handle fertilizer
and manage runoff from their fi elds. According to
EPA, the state would have to impose permit limits
that would require water treatment plants to use ad-
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 4
vanced treatment methods, such as biological nutrient
removal, as several systems in Florida have already
done. The proposed nutrient rule would also intro-
duce a new regulatory process for setting standards
for water quality improvements in impaired waters,
which EPA called “restoration standards”. This ap-
proach would allow Florida to meet interim milestones
as it attempts to restore impaired waters to their full
designated uses. The state could also adopt interim
less-stringent designated uses and criteria until goals
could be reached.
As for nonpoint sources, EPA has suggested that
farmers would be asked to limit fertilizer application
to “agronomically necessary” amounts, to install
fencing to keep cattle out of streams and provide an
alternative water supply, or to plant vegetation as
buffer strips separating fi elds from water courses.
____________________________________________
The EPA action in Florida may become a
template to establish limits on fertilizer
and sewage treatment
in other states
____________________________________________
The Florida action is the result of a federal consent
decree that settled a lawsuit fi led by environmental
groups. The agreement requires EPA to develop
standards for Florida water during the next two years.
This case may be used as a template to establish limits
on fertilizer and sewage treatment in other states.
Nutrients such as phosphorus and nitrogen fl ow
from stormwater runoff, crop fertilizers and livestock
manures. High nitrogen and phosphorus loadings
cause harmful algal blooms, reduced spawning
grounds and nursery habitats for fi sh, and often in
areas where there are no limits, water “dead zones”
are created. The algal blooms block sunlight and
growth of underwater vegetation. Algal blooms
eventually die off and consume dissolved oxygen
from the water column. This results in a reduction in
fi sh diversity and populations.
EPA has relied on states to develop water quality
standards for nutrients. However, the agency notes
that 25 states have no standards for nutrients. Be-
cause of these numbers, EPA is likely to take action
in other states.
EPA agreed to establish fi nal standards for Flori-
da’s lakes and fl owing waters by October 2010 and
fi nal standards for the state’s estuarine and coastal
waters by January 2011.
Information on Florida’s proposed nutrient stan-
dards is available at http://www.epa.gov/water-
science/criteria/nutrient/nitgreport.pdf and http://
www.epa.gov/oig/reports/2009/20090826-09-P-
0223.pdf.
LEED Buildings Are Not
Necessarily Less Toxic
-- Tony M. Guerrieri, Research Analyst
E
nvironmentally friendly, energy-effi cient
buildings have gone mainstream. As
with recycling, organic food and hybrid
cars, “green” buildings are becoming more com-
monplace and desirable, springing up around the
country. The success of the green building is partly
because of the U.S. Green Building Council’s
Leadership in Energy and Environmental Design
(LEED) standard, which certifi es a building’s green
features and performance.
The public assumes that LEED certifi ed buildings
are not only good for the environment, but good for
those occupying them. But that is not necessarily so,
according to a report by the Connecticut-based Envi-
ronment and Human Health, Inc. The report, “LEED
Certifi cation: Where Energy Effi ciency Collides with
Human Health” , says that the voluntary rating system
provides a false sense of security regarding the health
and safety of its certifi ed buildings.
The report comes as municipalities and states are
increasingly incorporating LEED criteria into their local
building codes. Since the rating system for new
construction began in 2000, there have been roughly
35,000 LEED projects in all 50 states.
____________________________________________
The report lists overlooked health threats
in the LEED certification in two areas:
indoor air quality and drinking water
____________________________________________
The LEED certifi cation process offers a total of
110 points in seven categories aimed at promoting
sustainability. The LEED categories include energy
and atmosphere savings, sustainable sites (minimizing
impacts on ecosystems), improved indoor environmen-
tal quality, materials and resources, water effi ciency,
innovation in design, and regional “bonus” credits.
According to the report, the points are heavily
weighted toward energy effi ciency and clean energy
and not enough toward health protection, skewing
green-design criteria. The LEED program for “new
construction and renovation” considers human health
within its “indoor environmental quality” category,
which is allotted 15 points out of a possible total
score of 110. Thus, human health concerns constitute
only 13.6 percent of the total possible award.
In the report, the Environment and Human Health
researchers identifi ed several health threats that are
overlooked by the LEED rating system. These health
threats fall into two different categories: indoor air
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 5
quality and drinking water.
The report contends that exposure to certain build-
ing materials can cause health problems. The report
goes on to list fi ve indoor air quality health threats that
it says have been neglected in the LEED rating system:
formaldehyde; tobacco smoke; particulates; pesticides;
and fl ame retardants. For example, carpet, adhesives,
upholstery, pressed wood, pesticides and cleaning
fl uids can give off volatile organic compounds (VOCs),
including formaldehyde. According to the report, high
concentrations of VOCs can cause cancer.
Concerns with drinking water include plastics,
bisphenol-A, PVC and phthalates (used in fl oor and
wall coverings), and perfl uorooctanoic acid. While
a building can earn points for reducing water use
and conservation of energy necessary to acquire and
distribute it, there is nothing in place to address the
quality of the water used in LEED certifi ed buildings.
According to the report, another concern is that
until recently, the board of the Green Building Coun-
cil included not a single health expert. The board is
dominated by developers, engineers, chemical and
materials manufacturers, and architects. Currently, just
one director among 25 has formal medical or toxi-
cological training – an imbalance, the report asserts,
refl ected in LEED’s present priorities of energy conser-
vation, site planning, and design.
The report recommends that numerous changes be
made to the Green Building Council’s LEED program
that will encourage it to become more health protec-
tive. The recommendations include:
• Simplify the LEED scoring system within cat-
egories. Rather than issuing awards of “silver,” “gold”
or “platinum” certifi cation, the council should require
performance within each category on a 0 to 100
scale, correcting what the report calls a “common mis-
impression that certifi ed LEED buildings perform well
in all categories.”
• Diversify certifi cation categories into health
and other areas.
• Include indoor air and water quality testing.
• Include more health and environmental science
experts on the Green Building Council’s board.
• Increase the use of building products made
from safe chemicals.
• Encourage federal testing of chemicals used in
building products.
Environmental and Human Health, Inc. is a non-
profit organization composed of doctors, public health
professionals and policy experts who specialize in
research that examines environmental threats to human
health. The report is available at: http://www.ehhi.
org/reports/leed/LEED_report_0510.pdf.
priate incentives and regulations, such as renewable
portfolio standards with meaningful targets and com-
pliance strategies.
2) Encourage and Capture Large-Scale Invest-
ment. To attract growing private investment and
billions of federal dollars, states must have a mix of
policies, incentives, and proven development exper-
tise.
3) Cultivate a Well-Resourced Business Environ-
ment. Innovative companies require skilled workers,
research institutions, and trained workers.
4) Provide Leadership. Demonstrated commit-
ment to and understanding of the clean energy
economy on the part of state leaders is a key element
in attracting growth.
5) Overcome Limited Infrastructure Capacity. To
fully cultivate their renewable energy resources, the
fi ve states must overcome an inadequate transmission
grid.
Headwaters Economics is a Bozeman, Montana-
based nonprofi t research group focused on land
management decisions in the West. The full report,
state fact sheets, and state-by-state comparisons can
be found at: http://www.headwaterseconomics.
org/greeneconomy/CleanEnergyLeadership.pdf.
EPA Proposal on Nutrients in
Florida Waters Could Set Trend
-- Craig D. Brooks, Executive Director
W
h en th e Environ m ental Protection
Agency (EPA) proposed limits for phos-
phorus and nitrogen in Florida waters,
it marked the fi rst time the federal government has
stepped in to impose numeric standards for nutrients
when a state has failed to do so. But it may not be
the last. The agency is already under the threat of
a lawsuit by environmental organizations seeking
federal action to set standards for oxygen-depleting
nutrients for waters in Wisconsin, and other groups
have petitioned EPA to set water quality standards for
nutrients in all navigable waters of the United States
that lack approved standards.
The proposed nutrient water quality criteria for
Florida would set a series of numeric limits for phos-
phorus and nitrogen pollution in the state’s lakes,
rivers, streams and canals.
Nutrient standards such as these would mean
signifi cant changes in the way wastewater treatment
facilities operate and how farms handle fertilizer
and manage runoff from their fi elds. According to
EPA, the state would have to impose permit limits
that would require water treatment plants to use ad-
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 4
vanced treatment methods, such as biological nutrient
removal, as several systems in Florida have already
done. The proposed nutrient rule would also intro-
duce a new regulatory process for setting standards
for water quality improvements in impaired waters,
which EPA called “restoration standards”. This ap-
proach would allow Florida to meet interim milestones
as it attempts to restore impaired waters to their full
designated uses. The state could also adopt interim
less-stringent designated uses and criteria until goals
could be reached.
As for nonpoint sources, EPA has suggested that
farmers would be asked to limit fertilizer application
to “agronomically necessary” amounts, to install
fencing to keep cattle out of streams and provide an
alternative water supply, or to plant vegetation as
buffer strips separating fi elds from water courses.
____________________________________________
The EPA action in Florida may become a
template to establish limits on fertilizer
and sewage treatment
in other states
____________________________________________
The Florida action is the result of a federal consent
decree that settled a lawsuit fi led by environmental
groups. The agreement requires EPA to develop
standards for Florida water during the next two years.
This case may be used as a template to establish limits
on fertilizer and sewage treatment in other states.
Nutrients such as phosphorus and nitrogen fl ow
from stormwater runoff, crop fertilizers and livestock
manures. High nitrogen and phosphorus loadings
cause harmful algal blooms, reduced spawning
grounds and nursery habitats for fi sh, and often in
areas where there are no limits, water “dead zones”
are created. The algal blooms block sunlight and
growth of underwater vegetation. Algal blooms
eventually die off and consume dissolved oxygen
from the water column. This results in a reduction in
fi sh diversity and populations.
EPA has relied on states to develop water quality
standards for nutrients. However, the agency notes
that 25 states have no standards for nutrients. Be-
cause of these numbers, EPA is likely to take action
in other states.
EPA agreed to establish fi nal standards for Flori-
da’s lakes and fl owing waters by October 2010 and
fi nal standards for the state’s estuarine and coastal
waters by January 2011.
Information on Florida’s proposed nutrient stan-
dards is available at http://www.epa.gov/water-
science/criteria/nutrient/nitgreport.pdf and http://
www.epa.gov/oig/reports/2009/20090826-09-P-
0223.pdf.
LEED Buildings Are Not
Necessarily Less Toxic
-- Tony M. Guerrieri, Research Analyst
E
nvironmentally friendly, energy-effi cient
buildings have gone mainstream. As
with recycling, organic food and hybrid
cars, “green” buildings are becoming more com-
monplace and desirable, springing up around the
country. The success of the green building is partly
because of the U.S. Green Building Council’s
Leadership in Energy and Environmental Design
(LEED) standard, which certifi es a building’s green
features and performance.
The public assumes that LEED certifi ed buildings
are not only good for the environment, but good for
those occupying them. But that is not necessarily so,
according to a report by the Connecticut-based Envi-
ronment and Human Health, Inc. The report, “LEED
Certifi cation: Where Energy Effi ciency Collides with
Human Health” , says that the voluntary rating system
provides a false sense of security regarding the health
and safety of its certifi ed buildings.
The report comes as municipalities and states are
increasingly incorporating LEED criteria into their local
building codes. Since the rating system for new
construction began in 2000, there have been roughly
35,000 LEED projects in all 50 states.
____________________________________________
The report lists overlooked health threats
in the LEED certification in two areas:
indoor air quality and drinking water
____________________________________________
The LEED certifi cation process offers a total of
110 points in seven categories aimed at promoting
sustainability. The LEED categories include energy
and atmosphere savings, sustainable sites (minimizing
impacts on ecosystems), improved indoor environmen-
tal quality, materials and resources, water effi ciency,
innovation in design, and regional “bonus” credits.
According to the report, the points are heavily
weighted toward energy effi ciency and clean energy
and not enough toward health protection, skewing
green-design criteria. The LEED program for “new
construction and renovation” considers human health
within its “indoor environmental quality” category,
which is allotted 15 points out of a possible total
score of 110. Thus, human health concerns constitute
only 13.6 percent of the total possible award.
In the report, the Environment and Human Health
researchers identifi ed several health threats that are
overlooked by the LEED rating system. These health
threats fall into two different categories: indoor air
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 5
quality and drinking water.
The report contends that exposure to certain build-
ing materials can cause health problems. The report
goes on to list fi ve indoor air quality health threats that
it says have been neglected in the LEED rating system:
formaldehyde; tobacco smoke; particulates; pesticides;
and fl ame retardants. For example, carpet, adhesives,
upholstery, pressed wood, pesticides and cleaning
fl uids can give off volatile organic compounds (VOCs),
including formaldehyde. According to the report, high
concentrations of VOCs can cause cancer.
Concerns with drinking water include plastics,
bisphenol-A, PVC and phthalates (used in fl oor and
wall coverings), and perfl uorooctanoic acid. While
a building can earn points for reducing water use
and conservation of energy necessary to acquire and
distribute it, there is nothing in place to address the
quality of the water used in LEED certifi ed buildings.
According to the report, another concern is that
until recently, the board of the Green Building Coun-
cil included not a single health expert. The board is
dominated by developers, engineers, chemical and
materials manufacturers, and architects. Currently, just
one director among 25 has formal medical or toxi-
cological training – an imbalance, the report asserts,
refl ected in LEED’s present priorities of energy conser-
vation, site planning, and design.
The report recommends that numerous changes be
made to the Green Building Council’s LEED program
that will encourage it to become more health protec-
tive. The recommendations include:
• Simplify the LEED scoring system within cat-
egories. Rather than issuing awards of “silver,” “gold”
or “platinum” certifi cation, the council should require
performance within each category on a 0 to 100
scale, correcting what the report calls a “common mis-
impression that certifi ed LEED buildings perform well
in all categories.”
• Diversify certifi cation categories into health
and other areas.
• Include indoor air and water quality testing.
• Include more health and environmental science
experts on the Green Building Council’s board.
• Increase the use of building products made
from safe chemicals.
• Encourage federal testing of chemicals used in
building products.
Environmental and Human Health, Inc. is a non-
profit organization composed of doctors, public health
professionals and policy experts who specialize in
research that examines environmental threats to human
health. The report is available at: http://www.ehhi.
org/reports/leed/LEED_report_0510.pdf.

EPA Reports Drop in Nitrogen
Oxide Emissions in NOx SIP Call
States
-- Craig D. Brooks, Executive Director
RESEARCH BRIEFS
excess allowances if they reduce emissions and have
more than they need, or purchase allowances if they
Each month, the committee’s staff
researches and prepares a number of
are unable to keep emissions below their allocated “briefs” on several topics relevant to the Joint
budget. The cap is intended to lend stability and
predictability to the allowance trading market and
Conservation Committee’s mission.
Very often, these briefs include references to
provide regulatory certainty to affected sources.

E
missions of nitrogen oxides in Eastern,
Southern and Midwestern states declined
fi ve percent between 2007 and 2008,
according to a report by the Environmental Protec-
tion Agency (EPA). The 20 states and the District
of Columbia that are subject to EPA’s NOx Budget
Trading Program (NBP) emitted 481,420 tons of
nitrogen oxides in 2008, nine percent below the
amount budgeted for the program and fi ve percent
less than in 2007.
reports and further research on the topics so
Nitrogen oxides react with volatile organic com- that readers may pursue issues on their own.
pounds in the presence of sunlight to form ground-
level ozone. According to the report, 85 percent
of the areas in the 20 states that had exceeded the
air quality standards for ozone are now in compli- Report: Green Economy, Jobs The report also measured private and public
investment for the fi ve states. In 2008, the region
ance. Only one area in Georgia has seen its ozone
concentrations increase since the program’s inception on Upswing in Rocky Mountain attracted more than $500 million dollars in clean
energy-oriented venture capital, a 10-fold increase
while just one other area, in Alabama, has shown no
improvement. The standard, set in 1997, is .08 parts
States compared to 2000 levels. When looking at public
-- Tony M. Guerrieri, Research Analyst funding from competitively-awarded federal stimulus

A
per million averaged over eight hours.
According to the report, “The NOx Budget Trad- report by Headwaters Economics compares grants by the U.S. Department of Energy, Colorado
ing Program: 2008 Highlights” , emissions of nitro- Of the 2,586 emissions sources covered by the how Colorado, Montana, New Mexico, ranked 15th among the 52 states and territories.
gen oxides have declined 62 percent since 2000, trading program in 2008, the report highlights the Utah and Wyoming – fi ve states with vast Utah and New Mexico fell toward the middle of the
when the trading program was implemented, and 75 following results: traditional and clean energy resources – are taking pack, ranked 30th and 37th, while Wyoming and
percent since 1990, when the Clean Air Act was last • 88 percent of all entities regulated by the NBP advantage of clean energy opportunities to create Montana ranked 49th and 52nd respectively.
amended. Ohio, Pennsylvania, Indiana, Kentucky were electric generation units; jobs. Renewable energy production is growing in all
and West Virginia have reported the greatest decreas- • 14 states and the District of Columbia had The report, “Clean Energy Leadership in the fi ve states, and according to the report, there is every
es since 1990. emissions below their allowance budgets; Rockies: Competitive Positioning in the Emerging reason to expect continued rapid expansion. Among
• the average NOx emission rate for the 10 Green Economy” , defi nes the “green economy” as the fi ve states, Montana and Wyoming stand out for
____________________________________________ highest electric demand days ( as measured by mega- business and people that provide products, services their wind and geothermal potential, Utah for solar
Pennsylvania is one of the states watt hours of generation) consistently fell every year of and knowledge associated with alternative energy and geothermal, and Colorado and New Mexico for
reporting the greatest decreases in the NBP; and production, energy effi ciency, recycling and cleanup strength in all three. Recent data from the wind indus-
nitrogen oxide emissions since 1990 • there has been a continuous trend of near- of environmental pollution. It concludes with fi ve try, for example, shows that installed wind capacity
____________________________________________ perfect compliance since the start of the program in keys to success for the states to further benefi t from among the fi ve states increased by 3,000 megawatts
2003 (only two units were out of compliance by a the emerging green economy while measuring the since 1999, with more than two-thirds of that increase
The NBP was established through the NOx State total of 63 tons, and 189 allowances were retired as likelihood that each state’s policies will promote future occurring between 2006 and 2009.
Implementation Plan Call (SIP Call) as a regional cap- penalty). growth and investment.
and-trade program to reduce the regional transport of Using a conservative measurement of green ____________________________________________
On May 1, 2009, the NBP was replaced by
nitrogen oxide emissions from power plants and other the Clean Air Interstate Rule NOx Ozone Season jobs, the report found that employment in the green The report lists five keys to success in
large combustion sources in Eastern and Midwestern Trading Program, which requires emission reduc- economy has grown signifi cantly faster than total building a green economy that could be
states during the high ozone season from May 1 tions from affected sources in an expanded geo- employment. In New Mexico, for example, the num- relevant in other states across the nation
through September 30. As a group, the participating graphic area. Final documents and highlights of ber of overall jobs in 2007 was 13 percent greater ____________________________________________
states cannot exceed the cap, and each individual key results of the program are contained in the than in 1995, compared to 62 percent growth in the
source cannot emit more than the allowances it holds report which can be accessed at: www.epa.gov/ green jobs sector. Looking at the fi ve-state region, On a more cautionary note, the report found an
for compliance. Sources may sell or bank (save) airmarkets/progress/nbp08.html. from 1995 to 2007 total job growth was 19 percent, uneven record for how the fi ve states are pursuing en-
while job growth in the green economy was 30 per- ergy effi ciency, a necessary, cost-effective part of any
cent. Nationwide, jobs overall grew by 10 percent, long-term economic strategy. Each state has a mixed
compared to green job growth of 18 percent from
Want To Go “E-Synopsis”? 1995 to 2007.
record in terms of policy commitments to reducing en-
ergy consumption. None of the states, for example,
You can receive the Environmental Synopsis electronically if you don’t want to wait for Colorado’s green economy led the region with spend money from their own budgets (e.g. other than
the mail to be delivered or you want to save paper. the most clean energy-related jobs (in number and federal funds) on state transit, nor do they mandate
If readers would like to change the method in which they receive the Synopsis from as a percentage) as well as green business estab- coordinated land use and transportation planning.
mailed hard copy to an e-mailed version, please contact Lynn Mash in the committee offi ce lishments. In 2007, the fi ve states supported 3,567
either at 717-787-7570, ext. 10 or e-mail Lynn at lmash@jcc.legis.state.pa.us requesting to Printed on green enterprises with 50 percent based in Colorado The report concludes with fi ve keys to success
(1,778 green businesses). New Mexico and Utah needed for the region to foster continued growth.
be removed from the mailing list and added to the e-mail list. Remember to provide your Recycled These keys could well be applied in other states as
e-mail address. Paper tied for second in the number of green businesses,
with 16 percent each (577 and 579 respectively). well. The keys to success are:
Readers are also reminded that the Synopsis is available on the committee website 1) Strategically Pair Incentives with Clear Policy
Montana had 11 percent (408), and Wyoming six
each month after the Synopsis’ printing. The website address is http://jcc.legis.state.pa.us. percent (225). Goals. Progress depends on a smart mix of appro-

ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 6 ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 3

NOTES FROM THE DIRECTOR
ECTOR
CRAIG D. BROOKS, EXECUTIVE DIRECTOR
T
here are about 24 electronic products in the E-waste recycling laws differ from state to state but
average American household. But, if you’re generally fall into two categories: producer respon-
like many people, you also have a stockpile sibility and advance recovery fee. Under producer
of obsolete electronics stashed in a closet somewhere take-back programs (also called extended producer
because you don’t know how or where to get rid of responsibility), manufacturers are responsible for tak-
them. This electronic waste or “e-waste” generally ing back discarded electronics and establishing the
includes discarded consumer or business electronic proper recycling of the e-waste. Manufacturers often
equipment such as old television sets, VCR’s and DVD build in a recycling fee with their products. Proper
players, computers and monitors, game consoles, recycling means collecting e-waste in the manufactur-
stereos and cell phones. er’s own take-back program or in coordination with
E-waste is one of the fastest growing waste a certifi ed collection and recycling organization. It
streams in the world. In 2004, there were 183 does not include shipping the waste to developing
million computers sold countries. Because such
___________________________________________
globally. It is estimated programs make the manu-
that by the end of 2010, PA is among states considering differing facturers accountable for
there will be 716 million old products, take-backs
versions of e-waste legislation, one
new computers in use. also encourage compa-
of which (House Bill 409) the Joint
With an average life - nies to design products
Legislative Air and Water Pollution
span of just two years, that use fewer toxic sub-
Control and Conservation Committee
millions of tons of e-waste stances.
helped develop
will be generated over a The advance recovery
relatively short period of fee program s shift the
View the Committee’s “Report on E-
time. While many are recyclin g bu rden from
tempted to discard these Waste Recycling Programs and Policy the manufacturer to the
Options” on our website
materials alongside their consu m er. Under this
everyday trash, e-waste ___________________________________________ type of program, when
contains some potentially you purchase a new fl at
dangerous and toxic materials that require special screen TV, for example, you would pay a nonrefund-
handling. Some common hazards in e-waste include: able recycling fee somewhere between $4 and $12
mercury, which is used in fl at panel monitors; lead, dollars. These programs are often criticized because
used in TV and computer cathode ray tubes; bromi- of the upfront fees associated with the collection,
ated fl ame retardants, which are used in plastic cases recycling and disposal of the waste and the lack of
and cables; and cadmium, which was used in older, incentive to entice manufacturers to reduce their use
rechargeable cell phone batteries. of hazardous materials.
To help keep e-waste out of landfi lls, incinera- Currently, the Environmental Protection Agency
tors and your closet, states and local governments and the consumer electronics industry sponsor a pro-
are developing legislation to make sure e-waste is gram call “Plug-in to eCycling” to make it easier to
handled properly through permitted treatment, stor- donate and recycle electronics at local, regional and
age and disposal facilities. Proposed laws also aim national collection and recycling facilities. Last year,
to guarantee that new products are designed and the program recycled or reused more than 47 million
manufactured with fewer toxic materials. pounds of computers, cell phones and televisions.
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 2
ON THE HORIZON . . . A LOOK AT UPCOMING EVENTS
 Monday, September 27, 12 noon, Room G50 Irvis Office Building, Capitol Complex, Harrisburg, PA – En-
vironmental Issues Forum – Matt Smith, Vice-president for Forest Operations for Finite Carbon, a Pennsyl-
vania-based forest carbon development company, will speak about the carbon market and how to create and
monetize carbon credits.
Please call the Committee office at 717-787-7570
if you plan to attend the Environmental Issues Forum.
COMMITTEE CHRONICLES . . .
A REVIEW OF SOME
MEMORABLE COMMITTEE
EVENTS
Fans of the ABC TV show Extreme Home Makeover may want to scan the “extras” in an upcoming show for
familiar faces. The staff of the Joint Legislative Air and Water Pollution Control and Conservation Committee (Com-
mittee) was among the many volunteers on the set when the show came to Tilden Township, Berks County earlier
this month.
As the accompanying photos show, Executive
Director Craig Brooks and staffers Lynn Mash
(photo at left), as well as Tony Guerrieri (right)
and Geoff MacLaughlin (left), flanking Brooks
(back to camera) in photo at bottom left, donned
the show’s volunteer t-shirts and hard hats as part
of the “Urban Fairy Tale” episode.
In one week, volunteers led by the Berks
Homebuilders Association demolished a nearly
unlivable farmhouse and built a brand new
English cottage-style home (photo at top right) complete with windmill, solar panel and gazebo (photo at bottom
right), as well as “critter cottages” for the family’s farm animals for single mother Trish
Urban and her one-year-old daughter Cora. Urban
lost her husband to a congenital heart condition just
hours before giving birth to Cora in February 2009.
The Committee staff was invited to volunteer
by the PA Recycling Markets Center which helped
to provide “green” materials and recycled building
products for the project, as well as collecting and
separating recyclables and trash on the set.
The episode is expected to air in late September
or early October.
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 7
 ENVINVIRONMENTAL
RONMENTAL SYNOPSIS
alternative methods of compliance, and will result in unnecessary massive job
losses and industry closings. The standards would also require the addition of How to August 2010
multiple controls and complex monitoring in many cases.
In testimony before the task force, Fred Osman, a professional engineer and Contact Vol. 10, No. 8
Published Monthly
owner of Osman Environmental Solutions, an environmental consulting fi rm, said the The Joint
regulations are just one of seven regulatory programs EPA has proposed in the past
two months that “could have major implications for the use of wood or wood waste Conservation
in combustion processes.”
Carl Webb, plant engineering manager for Wood-Mode, Inc., a Kreamer, Sny-
Committee
der County-based leading national manufacturer of custom cabinetry, told the task

The Chairman’s Corner

Phone:
force that the cost of control equipment to meet the regulations would be as much
as $2 million, while building a new boiler would be at least another $2 million to 717-787-7570
$2.5 million. Webb added that just a few years ago, the company had as many Rep. Scott E. Hutchinson, Chairman
as 2,300 employees, but now has approximately 1,200, and consumes half of the Fax:

hardwoods board feet it consumed two years ago. Said Webb about the pro-
posed rules, “…if not checked and more reasonable considerations made, compli-
ance for us will be very prohibitive. The cost of compliance for several woodworking
industry companies will be too great. More companies will be forced to close their
doors or move off shore.”
_____________________________________________________________________
“…incorporate sustainable approaches that protect the
environment and public health while fostering economic recovery
and jobs within the bounds of the law.” – House Resolution 879
_____________________________________________________________________
F
717-772-3836 ollowing a recent meeting, a majority of the Leg-
islative Forestry Task Force (task force) of the Joint
Location: Legislative Air and Water Pollution Control and
Rm. 408, Finance Bldg. Conservation Committee urged changes to proposed U.S.
Environmental Protection Agency (EPA) regulations that
Internet Website: would impose strict new limits on emissions from industrial,
http://jcc.legis.state.pa.us commercial and institutional boilers and process heaters
– including biomass fi red boilers and heaters.
Mail: Left unchanged, the proposed federal regulations, called the Boiler Maximum
Joint Conservation Committee Achievable Control Technology Rule or Boiler MACT Rule, could result in massive
PA House of Representatives job losses and estimated compliance costs in the billions for a

Webb’s comments were echoed by representatives of Domtar, which operates
an environmental award-winning paper mill in Johnsonburg, Elk County that employs
more than 370 people. The company has seen cost estimates of between $10 mil-
lion to $20 million in controls and modifi cations to its two boiler units to comply with
the proposed rule changes.
Finally, Rhett McLaren, an environmental compliance specialist with Penn State
University, estimated that changes the university would have to make at its two steam
plants would carry life cycle costs of between $450 million and $460 million.
Because of the serious implications of the proposed regulations, I am cosponsor-
ing House Resolution 879, introduced by Forestry Task Force member Rep. Gary
Haluska (D-73) and cosponsored by task force member Rep. Kathy Rapp (R-65). The
resolution memorializes EPA to revise the proposed regulations to: “Use a method to
set emissions standards that is based on what real-world best performing units can
achieve…and that refl ects the variability that occurs in real-world, best performing
boilers.”
The resolution also calls on EPA to specifi cally revise its approach for biomass
boilers so that the boilers are not penalized because they start with cleaner fuel, and
have an emission baseline that is very low compared to other fuels.
I question why Pennsylvania and the federal government would offer incentives
to develop the biomass industry because it is sustainable, renewable, and a cleaner
alternative to traditional fossil fuels, only to see EPA then try to decimate a growth
industry with unreasonable infl exible emissions limits, so low that they would be virtu-
ally unachievable for biomass powered boilers.
The companies that our Forestry Task Force heard from are responsible citizens
In This Issue…
number of Pennsylvania manufacturing industries. While the forest
P.O. Box 202254
products industry – a major Pennsylvania employer – would be
Harrisburg, PA 17120-2254
 The Chairman’s Corner .................p. 1 especially hard hit, the proposed regulations would also impact
 Notes From the Director ................p. 2 universities, food product processors, and the chemical, metal-
 Research Briefs ..........................p. 3-6 working, auto, plastic and refi ning industries, just to name a few.
Manufacturing employers are already up against it economically.
 A Blueprint for a Green Economy
We need reasonable, realistic, science-based standards, not ir-
 Numeric Standards for Nutrients a responsible, industry-killing standards.
New Trend? After hearing testimony from several industry members, Penn
State University and an environmental consultant, the task force,
 Health Questions About LEED at the behest of a majority of its members, prepared and offered
Certified Buildings comments to the EPA seeking changes to the Boiler MACT Rule,
and encouraged other industries using such boilers to do the same
 Nitrogen Oxide Emissions Declining
before the August 23 comment period deadline.
 On The Horizon ............................p. 7 Among the national organizations seeking change to the rule,
 Committee Chronicles ...................p. 7 the American Forest and Paper Association (AF&PA) has estimated
the total capital cost of the EPA proposal to be in excess of $21
billion, and as much as $6 billion to $7 billion over the next two
to four years specifi cally for the forest products industry. According to the AF&PA,
the forest products industry has lost 350,000 jobs since the beginning of 2006,
and the proposed rules coupled with other EPA proposals in the pipeline could
mean the loss of “hundreds of thousands” more forest product jobs.
J oint Legislative

J
The National Association of Manufacturers (NAM) also expressed its opposition to
oint Legislative the proposal in a letter to the task force.

C
who are already meeting or exceeding environmental standards and constantly look- Air and Water

C
Pollution Control and Air and Water
ing for reasonable ways to economically improve their environmental performance. Pollution Control and The most common complaints from NAM and affected employers are that the

C
The Boiler MACT rules as presently constituted are unreasonable, and are part of onservation proposed emission limits are unrealistic and virtually impossible to meet, fail to

C
onservation
a tsunami of EPA regulations which will serve only to destroy jobs and close down ommittee take into account variables in fuels and boiler capabilities or allow for fl exible
businesses already on the edge. ommittee (continued on page 8)
ENVIRONMENTAL SYNOPSIS / AUGUST 2010 / P. 8 A Legislative Service Agency of the Pennsylvania General Assembly