Courts Overturn EPA Rules

Cellulosic Biofuel Mandate

The U.S. Court of Appeals for the District of Columbia overturned Environmental Protection Agency (EPA) rules setting quotas for cellulosic biofuels use.  These quotas began after passage of a law in 2007 to encourage “advanced” biofuels.

Production of cellulosic biofuels has been slower than projected.  The American Petroleum Institute, which brought the suit against the EPA, argued that gasoline refiners were required to meet a requirement they had little control over meeting.  The cellulosic biofuel producers were getting all the carrots; the gas producers were getting all the sticks.

The court more or less agreed.  They found that the quota was not consistent with likely Congressional intent.  In addition, the rule differed from other environmental regulation in that the group regulated, refiners, was not the group in control of the technology the agency wanted to develop, producers of cellulosic biofuels.

This is not a complete overturn of quotas for advanced biofuels use.  There are more widely available non-cellulosic biofuels that meet the legal definition of advanced biofuels that the agency can substitute to keep up the quota.

Stormwater Is Not a Pollutant

EPA also lost a case in federal district court related to stormwater discharges.  EPA rules established in 2011 limited stormwater discharges into Accontic Creek, a tributary of the Potomac River.  Virginia sued claiming that EPA only has the authority to limit pollutants, not the discharge of stormwater itself.  The court agreed.

So far, it is not common for EPA to regulate stormwater discharge as a surrogate for setting limits on the pollutants in stormwater.  They have used the strategy only in Virginia and Missouri.

Related posts and articles

Court Overturns E.P.A.’s Biofuels Mandate (Wald, M. L., New York Times, Jan. 25, 2013)

Judge: EPA Can't Treat Stormwater as Pollutant (Honeywell, R., Governing FedWatch blog, Jan. 8, 2013)

EPA Approves Missouri Wastewater Rule Change

Environmental Protection Agency (EPA) Region 7 has approved Missouri's change to state water quality standards rules to provide greater flexibility in Missouri's National Pollutant Discharge Elimination System (NPDES) permit program.

The Missouri Department of Natural Resources submitted rule changes to EPA on Dec. 11, 2012, for review and approval. The Clean Water Act (CWA) requires EPA to review the state's rule changes to determine if they comply with the law.

The state's regulations previously allowed no more than three years for a permittee, such as municipal sewage treatment plants and industrial facilities, to come into compliance with its NPDES permit. Due to the limits of current technology for controlling some pollutants, full compliance is not always possible within a three-year period. Missouri's new regulation now allows for a longer compliance period, in accordance with federal regulations.

EPA's Jan. 25, 2013, decision letter provides a more detailed description of EPA's review and the basis for this action. The decision letter is available at www.epa.gov/region7/newsevents/legal.

You can find the complete EPA news release here→.

EPA Blog Features Missouri

EPA Region 7’s Big Blue Thread blog feature information about the environment in Missouri, the home of this blog.  One post covers abandoned coal mines and the other aquatic conservation.

Iowa: EPA Threatens Wastewater Enforcement Takeover

The Des Moines Register reported that the Environmental Protection Agency (EPA) has threated to take over Clean Water Act enforcement from the Iowa Department of Natural Resources (IDNR).  EPA’s concerns, prompted by environmental groups, is that IDNR does not adequately enforce wastewater regulations related to livestock operations.

Missouri Impaired Waters List Finalized

The Environmental Protection Agency (EPA) Region 7 has made a final decision on Missouri’s list of impaired waters. EPA restored eight water bodies to Missouri’s list and removed one water body due to an approved pollution reduction plan, bringing the total number of impaired waters in the state to 258.

The Missouri Department of Natural Resources submitted its impaired waters list to EPA for review and approval as required by the Clean Water Act.   A water body is placed on the impaired waters list when monitoring finds that pollutant levels prevent it from attaining its beneficial uses. A water body can be removed from the list if it meets its beneficial uses or if a pollution reduction plan for the water body is approved by EPA.

EPA’s Nov. 13, 2012, decision letter provides a more detailed description of EPA’s review and the basis for this action. The decision letter, including the 2012 impaired waters list, is available online.

You can read the original EPA news release here.

EPA Introduces Water Bug to Kansas City (Not as Bad as it Sounds)

The Environmental Protection Agency’s Region 7 has released an app called KCWaterBug.  The app allows users to get estimated E. coli levels in Kansa City area streams updated hourly.  You can find out more about the app at Region 7’s Big Blue Thread blog.

EPA Accepting Applications for Environmental Education Grants until Nov. 21

U.S. Environmental Protection Agency (EPA) Region 7 will accept proposals from eligible schools and entities through November 21, 2012, for the its 2012 Environmental Education grants to develop new programs promoting environmental stewardship in Iowa, Kansas, Missouri and Nebraska.

EPA’s Environmental Education grants provide funding to local education agencies, state education and environmental agencies; colleges and universities; not-for-profit organizations; and non-commercial broadcasting entities. Tribal education agencies controlled by an Indian tribe, band or nation, including schools and community colleges, may also apply.

EPA expects to award one $216,000 grant in each of its 10 geographical regions, including Region 7, for a total of $2,160,000 in grants awarded nationwide.

Proposed projects should involve designing, demonstrating or developing innovative education tools and materials. Projects also should involve environmental education activities that go beyond disseminating information. A solicitation notice for the grants, and information about two webinars that will be held in September for interested applicants, are available online.

In EPA Region 7, all proposals for the 2012 grants must be received by 5 p.m. (CST) on Nov. 21, 2012. Through Sept. 30, 2012, proposals should be mailed to Denise Morrison, Environmental Education Coordinator, EPA Region 7, Office of Public Affairs, 901 N. Fifth St., Kansas City, KS 66101. After Oct. 1, 2012, due to relocation of the EPA Regional Office, proposals should be mailed to Denise Morrison, Environmental Education Coordinator, EPA Region 7, Office of Public Affairs, 11201 Renner Blvd., Lenexa, KS 66219. Applicants with specific questions about the grants may contact Ms. Morrison at morrison.denise@epa.gov.

Read the original EPA news release here.

Comments Sought on Missouri Impaired Waters List

The U.S. Environmental Protection Agency (EPA) released its proposed decision on Missouri’s 2012 list of impaired waters. EPA is approving Missouri’s listing of 253 waters as impaired, and the removal from the list of 66 water bodies. The Agency is requesting public comment on its proposed decision to restore a total of 10 water bodies and corresponding pollutants to Missouri’s 2012 impaired waters list.

The Missouri Department of Natural Resources submitted its 2012 impaired waters list to EPA for review and approval. The Clean Water Act and federal regulations require EPA to review the state’s list to determine if the state reasonably considered existing and readily available water quality-related data and information, and reasonably identified waters to be listed.

EPA is proposing to restore several water bodies that were excluded from listing or removed from Missouri’s list. These proposed additions to the list include waters found to be impaired by sediment, bacteria, ammonia and other pollutants.

The public comment period on EPA’s proposed decision ends September 12, 2012.  EPA will consider written public comments in reaching its final decision on the additional water bodies identified for inclusion on Missouri’s final 2012 impaired waters list.

EPA’s decision letter is available at www.epa.gov/region7/newsevents/legal. A link to the public notice, which describes how to submit comments, is available on the EPA Region 7 website at www.epa.gov/region7/public_notices. Additional supporting documentation is available upon request by contacting Carol Taylor-Curth, Water Quality Management Branch, EPA Region 7, 901 N. 5th Street, Kansas City, KS, 66101, taylor-curth.carol@epa.gov, (913) 551-7638 or (800) 223-0425.

You can read the original EPA news release here.

EPA Mostly Approves Missouri Water Quality Standards

Environmental Protection Agency (EPA) Region 7 issued a series of decisions approving most of the Missouri Department of Natural Resources’ (MoDNR) 2009 Water Quality Standards, acting on a court-ordered deadline. Overall, EPA is approving MoDNR’s proposed designated use changes for 244 Missouri water bodies, and disapproving 23 others. The agencies will continue to work out difference on the remaining water bodies.

EPA’s issuance of a formal decision letter comes in response to water quality standards revisions that were proposed by MoDNR in November 2009. The letter also resolves claims from a federal lawsuit filed in August 2010 by the Missouri Coalition for the Environment, which sought EPA’s action on the standards.

EPA is also approving numeric nutrient criteria for 25 Missouri lakes. The agency is disapproving the remaining portions of MoDNR’s numeric nutrient criteria, finding that the state was unable to demonstrate that the criteria values and the process for establishing the criteria is adequately protective of aquatic life uses, as required by the Clean Water Act.

EPA’s decision letter provides a more detailed description of its review and the basis for this action. The decision letter, including a complete list of approved and disapproved designated use changes for Missouri waters, is available at www.epa.gov/region7/newsevents/legal.

You can read the original EPA news release here.

Kansas Ag Director Appointed Advisor to EPA Regional Administrator

Environmental Protection Agency (EPA) Region 7 Administrator Karl Brooks announced the selection of Josh Svaty, recent Secretary of the Kansas Department of Agriculture, to be his senior adviser. As secretary, Svaty managed a $27 million budget, a 380-employee workforce and statutory duties for 17 programs.

He is the fifth-generation of his family to farm in Ellsworth County, KS. Svaty served as the State Representative of the 108th District in Kansas for seven years. His committee assignments included the committees for Energy and Utilities, Agriculture and Natural Resources and the joint committee on Energy and Environmental Policy. Svaty has testified before the U.S. Congress on agriculture, energy and water policy issues. He holds a B.A. from Sterling College in Sterling, KS.

You can read the original EPA news release here.

Jefferson City, MO, Part of Greening America’s Capitals Program

The U.S. Environmental Protection Agency (EPA) has selected Jefferson City, MO, (home of Infrastructure Watch) for green design assistance that includes cleaning up and recycling vacant lands, providing greater housing and transportation choices, reducing energy costs and improving waterways. Through its new Greening America’s Capitals program, EPA will fund private sector experts to provide sustainable design assistance to Jefferson City, Boston, MA; Hartford, CT; Charleston, WV.; and Little Rock, AR.

Greening Americas Capitals is a new project of the Partnership for Sustainable Communities, an agreement between EPA, the U.S. Department of Housing and Urban Development (HUD), and the U.S. Department of Transportation (DOT) to coordinate federal housing, transportation, and environmental investments; protect public health and the environment; promote equitable development; and help address the challenges of climate change. HUD and DOT were involved in the review and selection process and will provide technical expertise on relevant portions of each project.

Jefferson City and the four other state capitals were selected from a total of 38 cities that responded to a solicitation of interest. EPA will now organize teams of urban planners and landscape architects to provide direct, customized technical assistance as requested by Jefferson City officials. Greening America’s Capitals provides direct technical assistance to communities by working with private sector experts and leveraging partnerships, such as with HUD and DOT, to consider implementation options.

Jefferson City’s primary area of focus is bounded on the west by U.S. Highways 63/54, on the north by the Missouri River, on the south by U.S. Highways 50/63, and by the Capitol Building on the east. Wears Creek and vacant properties within the area provide the greatest opportunity for reconnecting nearby residents in the Southside neighborhood to the riverfront. Wears Creek can serve as an important connection to planned bike and pedestrian greenways.

EPA‘s support of the Jefferson City project is also undertaken to advance EPA’s Urban Waters focus, which seeks to support communities in their efforts to access, improve, and benefit from their urban waters and surrounding lands. EPA’s Urban Waters efforts place particular emphasis on engaging underserved neighborhoods and on providing equitable access to urban waters through well-planned community revitalization leading to improved urban water quality. EPA’s assistance to Jefferson City will integrate the goals of both the agency’s urban waters and livability efforts.

Partners on this project include: Governor Jay “Boondoggle Bridge” Nixon, State Senator Carl Vogel, Jefferson City Mayor John Landwehr, Missouri Department of Natural Resources, Missouri Department of Transportation, Missouri State Office of Administration Jefferson City Council, Jefferson City Housing Authority & Land Clearance Authority, Jefferson City Environmental Quality Commission, Jefferson City Planning & Zoning Commission, Jefferson City Parks & Recreation Department (tangentially, they have an adult kickball league), Historic Jefferson City, Old Town Revitalization Company, Downtown Association, Convention & Visitors Bureau, and the Jefferson City Area Chamber of Commerce.

Missouri Top State in Wastewater Stimulus Funding Use

The House Transportation and Infrastructure Committee recently recognized Missouri as the state that has most aggressively moved wastewater projects funded by the American Recovery and Reinvestment Act (ARRA) through the Clean Water State Revolving Fund (CWSRF). This is very good news considering that Missouri was the last state in the Environmental Protection Agency’s Region 7 to be awarded ARRA funds for the CWSRF.

You can read a news release from the Missouri governor’s office here.

Related posts and articles
Missouri Receives Stimulus Funds for Drinking Water and Wastewater

Kansas City to Improve Sewers, Decrease Overflows

The City of Kansas City, MO, agreed to make extensive improvements to its sewer systems, at a cost of more than $2.5 billion over 25 years, to eliminate unauthorized overflows of untreated raw sewage and to reduce pollution levels in urban stormwater. A consent decree filed with the U.S. District Court for the Western District of Missouri requires the city to implement an overflow control plan.

When completed, the sewer system will be able to capture and convey combined stormwater and sewage to the city’s treatment plants. This will keep untreated sewage from reaching surface waters.

Under the agreement, Kansas City will pay a civil penalty of $600,000 to the federal government, in addition to the $2.5 billion it will spend to repair, modify and rebuild its sewer system. As part of the agreement, the city will spend $1.6 million on a supplemental environmental project to implement a voluntary sewer connection and septic tank closure program for income-eligible residential property owners who elect to close their septic tanks and connect to the public sewer.

Kansas City’s, sewer system collects and receives domestic, commercial and industrial wastewater from a population of approximately 650,000 people in the city and 27 neighboring satellite communities, including a portion of Johnson County, KS. The system covers more than 420 square miles, and includes seven wastewater treatment plants, 38 pumping stations and more than 2,800 miles of sewer lines, making it one of the nation’s largest.

Of the 420 square miles covered by the system, 58 square miles mostly within the city’s urban core are presently served by combined sewers, which carry both stormwater and wastewater, and the remainder of the system is served by separated sewers. Under the consent decree, Kansas City has agreed to expedite certain projects that are expected to provide more immediate relief to residences and other properties situated in under-served areas of the city.

Since 2002, Kansas City has experienced approximately 1,294 illegal sewer overflows, including at least 138 unpermitted combined sewer overflows, 390 sanitary sewer overflows, and 766 backups in buildings and private properties. The overflows are in violation of the federal Clean Water Act and the terms of the city’s National Pollution Discharge Elimination System (NPDES) permits for operation of its sewer system.

The settlement is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Justice Department Web site and on the Environmental Protection Agency (EPA) Region 7 Web site.

You can read the original EPA news release here.

Environmental Protection Agency Region 7 Administrator Announced

Environmental Protection Agency (EPA) Administrator Lisa P. Jackson announced President Barack Obama’s selection of Karl Brooks to be the Regional Administrator for EPA’s Region 7. This region encompasses Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations.

Brooks has taught history and environmental studies at the University of Kansas for the past decade. Previously, Brooks was the Executive Director of the Idaho Conservation League and served six years in the Idaho State Senate. Brooks holds a B.A. from Yale University, a Masters in International Relations from the London School of Economics, a law degree from Harvard University and a Ph. D. from the University of Kansas.

You can read the original EPA news release here.

Missouri Environment & Infrastructure Roundup

Lead Contamination Continues in Herculaneum
Environmental Protection Agency (EPA) Region 7 is considering a range of enforcement actions against the Doe Run Resources Corporation, now that recent tests have shown more than one-third of a group of properties situated within a mile of the company's lead smelter in Herculaneum, contain lead at levels exceeding 400 parts per million (ppm), EPA's threshold for removing and replacing such soils.Of 372 properties sampled, 129 had at least one area exceeding the 400 ppm action level for lead. A total of 104 of those 129 "action level" properties have already undergone soil remediation within the past nine years, under work previously ordered by EPA. EPA intends to work with the Missouri Department of Natural Resources (MoDNR) to correct the problem by requiring Doe Run to implement a solution.Doe Run's facility at 881 Main Street in Herculaneum has been in operation for more than a century and is the largest smelter of its kind in the United States.

Both EPA and MDNR have taken a number of enforcement actions against Doe Run over the years, including EPA's July 2009 unilateral administrative order, directing the company to sample and test gravel driveways and surface yard soils from all homes within one mile of the smelter. Those tests, completed by a contractor hired by Doe Run, were completed last month, after which the company sent confidential letters to property owners and residents, informing them only of the test results from their respective properties. EPA received a full report of the sampling activity on October 8, 2009. A redacted copy of that report is available at www.epa.gov/region07/news_events/legal/.

See the original EPA news release here.

Stimulus Funds Aid Clean Up of Madison Co. Mine Superfund Site
EPA Region 7 has awarded a contract to an Ohio environmental firm to proceed with the cleanup of lead-contaminated soils at approximately 800 residential properties within the Madison County Mines Superfund Site in southeast Missouri. The contract is supported by more than $9.8 million in funding through the American Recovery and Reinvestment Act (ARRA) of 2009.Environmental Quality Management, Inc., of Cincinnati, has a two-year base period with one option year, and a maximum possible award of $13,915,694, under the contract. Total ARRA funding for the contract is $9,885,000.The funding will enable EPA to proceed with the cleanup of an estimated 800 residential properties at the site over a two-year period, with additional funding to clean up 200 more residential properties in the third year of the contract.Madison County Mines Superfund Site is located in southeast Missouri near Fredericktown, in the Old Lead Belt where heavy metal mining has occurred since the early 1700s. Past mining operations have left at least 13 major tailings and chat deposits from mineral processing operations within the county. Wind and water erosion has moved the lead-contaminated material to residential surface soils, sediments, groundwater and surface water, posing threats to human health and the environment.

See the original EPA news release here.

Governor Makes Environmental & Infrastructure Nominations
Gov. Jay “Boondoggle Bridge” Nixon has announced several nominees to boards and commissions.

Jack Baker, Air Conservation Commission (reappointment) - Baker is a cattleman who was first appointed to the Air Conservation Commission in 2002 and has served as chairman and vice-chairman of the committee. He sits on the state board for the Association of Missouri Electric Cooperatives and has served on several cattle-related boards. Baker has received several awards and honors for his Angus cattle. His term ends Oct. 14, 2013.

Thomas B. Bradley, State Soil and Water Districts Commission - Bradley is a farmer who is currently serving his fifth term as treasurer for New Madrid County. He earned a bachelor's degree in agriculture, with a minor in geology, from Southeast Missouri State University. Bradley also has served as a member and treasurer of the New Madrid County Soil and Water District. The Governor has appointed him for a term ending Aug. 15, 2012.

Steven B. Martin, Missouri Agricultural and Small Business Development Authority - Martin is the division manager for Crop Production Services for Missouri and Arkansas and has worked in the agricultural industry since 1980. He has also worked for United Agri Products Inc. and for Terra Industries in sales and management. Martin also is involved in the operation of a family farm. The Governor has appointed him for a term ending June 30, 2014.

William J. Schumake, Dam and Reservoir Safety Council - Schumake has owned Town and Country Motors in Sedalia for 42 years. He has served as director of the Sedalia Pettis County Development Corporation, the Thompson Hills Investment Corporation, and the Sylvia G. Thompson Residence Center Inc. His term ends April 3, 2010.

You can read the original news release here.

Water Roundup

Appropriations Bill Includes Money for Levee Improvements at St. Joseph, MO
The energy and water appropriations bill included funds for levee improvement projects in Kansas and Missouri in the St. Joseph area.

More information:
St. Joseph included in water resources bill
St. Joe included in water resources bill

Drinking Water and Wastewater Funding Included in Agriculture Bill
The agriculture appropriations bill that passed Congress in October included $568.7 million for the water and waste program that provides grants and loans for drinking water, wastewater and solid waste projects in rural areas.

More information:
Farm Bill Includes Environmental Funding
Rural water appropriations pass both houses
Water Legislation — recycling, research, efficiency

EPA Calls for Missouri to Revise Mississippi R. Standards Near St. Louis
The Environmental Protection Agency’s (EPA) Region 7 has requested that the Missouri Department of Natural Resources (MoDNR) revise water quality standards for a 28.6-mile section of the Missouri River upstream of its confluence with the Meramec River. The change is intended to protect the river for use for whole body contact recreation, though a MoDNR proposal to implement the standard was previously rejected by the state Clean Water Commission.

More information:
EPA Calls on State of Missouri to Set New Water Quality Standards for St. Louis Segment of Mississippi River
EPA Calls on State of Missouri to Set New Water Quality Standards for St. Louis Segment of Mississippi River (EPA news release)

Missouri Comes Out Swinging Over River Diversion Plan
Missouri politicians at both the state and are opposing a Bureau of Reclamation plan to divert water from the Missouri River for irrigation purposes in North Dakota. This is recent flare up in the longstanding fight for water among the states along the river that predates the act from 2000 that established North Dakota’s allotment of water from the river.

More information:
Governor Objects to Missouri River Water Diversion to Red River Valley
McCaskill wants Interior Secretary out of long-running Missouri River ruckus
Missouri Governor Encourages U.S. Secretary of Interior to Reject Diversion of Missouri River Water to Red River Valley
Missourians oppose river diversion by North Dakota Water war revival
Missourians Oppose River Diversion by North Dakota Water War Revival

Missouri Receives Stimulus Funds for Drinking Water and Wastewater

The Environmental Protection Agency (EPA) has awarded $146,503,800 to the Missouri Department of Natural Resources. The funding was authorized by the American Recovery and Reinvestment Act of 2009. The Recovery Act funds will go to the state's Clean Water and Drinking Water State Revolving Fund (CWSRF and DWSRF) programs.The CWSRF program will receive $108,641,800. It provides low-interest loans for water quality protection projects for wastewater treatment, non-point source pollution control, and watershed and estuary management. The DWSRF program will receive $37,862,000. It provides low-interest loans for drinking water systems to finance infrastructure improvements. The program also emphasizes providing funds to small and disadvantaged communities and to programs that encourage pollution prevention as a tool for ensuring safe drinking water.

You can read the original EPA news release here.

Related articles and posts:
Missouri Plans for SRF Funds from the Recovery Act
Missouri Receives Stimulus Funds for Water Quality Management Planning
Missouri Wastewater Financial Assistance Draft Plans Available

Missouri Receives Stimulus Funds for Brownfields Redevelopment

The Environmental Protection Agency (EPA) has announced that it has selected the Missouri Environmental Improvement and Energy Resources Authority (EIERA) to receive $1,160,000 to provide loans and grants to carry out brownfields cleanup and redevelopment. The grant was funded through the American Recovery and Reinvestment Act of 2009.

EIERA will use its supplemental funding to replenish a revolving loan fund, from which it will provide funding to support cleanup activities at as many as five shovel-ready projects identified as being contaminated with hazardous substances and petroleum. Brownfields are sites where expansion, redevelopment or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant.

You can read the original EPA news release here.

Public Input Sought on Missouri Impaired Waters List

The Environmental Protection Agency (EPA) has released its proposed decision on Missouri’s 2008 list of impaired waters. EPA is approving Missouri’s listing of 273 waters as impaired, and the delisting of 10 water bodies. EPA is requesting public comment on its proposed decision to add or restore a total of 17 water bodies and corresponding pollutants to the list.

The Missouri Department of Natural Resources submitted its 2008 impaired waters list to EPA for review and approval. The Clean Water Act and federal regulations require EPA to review the state’s list to determine if the state reasonably considered existing and readily available water quality-related data and information, and reasonably identified waters to be listed.

EPA is proposing to relist several water bodies that were excluded from listing or removed from Missouri’s list. These proposed additions to the list include waters found to be impaired by bacteria, chloride, metals, sediments and other pollutants.

The public notice link appears on the EPA Region 7 Homepage. The comment period ends October 5, 2009.The cover letter to the state and the decision document are available on the Legal Documents in the News page. The public notice is available under Water Public Notices. Additional supporting documentation is available upon request by contacting Carol Taylor, Water Quality Management Branch, EPA Region 7, 901 N. 5th Street, Kansas City, KS 66101, taylor.carold@epa.gov, (913) 551-7638 or toll-free (800) 223-0425.

You can read the original EPA news release here.

Missouri Receives Stimulus Funds to Clean Up Petroleum Leaks

The Environmental Protection Agency (EPA) announced the distribution of $3,254,000 to the Missouri Department of Natural Resources (MoDNR) under the American Recovery and Reinvestment Act (ARRA) of 2009 to assess and clean up underground storage tank petroleum leaks. EPA regional underground storage tank programs entered into cooperative agreements with MoDNR on June 25, 2009.

You can read the complete EPA news release here.