Please join me in wishing Drew Harris the best of luck this weekend as he will be the lone NKU representative running in the men’s 10,000 meter championship race this weekend in Evansville, IN.  For those of you interested in making the trip to University of Southern Indiana, it is a relatively painless 3 1/2 hour drive from Cincinnati, OH. 

 Just take I-71 south to Louisville, KY. Connect I-64 west, crossing over into Indiana, following I-64 100 miles to exit 29A which will connect you to I-264 south to Evansville.  13 miles south to exit 7B (Lloyd Expressway), then 10 miles west to S. Boehne Camp Road.  This will put you right on campus and they will have shuttle service to the start& finish area.

They will charge $5.00 per vehicle for admission.  Runners remember that you can cut through the woods on foot past the baseball field to get to the large grass field that is the start/finish area (USI may have this blocked off).   More information including course maps available at the NCAA website: http://www.usi.edu/sports/XCC_Championships/index.asp

Attorneys using the Judiciary’s Case Management/Electronic Case Files (CM/ECF) system will find they must acknowledge a reminder to redact private information from documents before they access the system. It is part of the Judiciary’s on-going effort to protect privacy in publicly accessible court records by reminding attorneys that it is their responsibility to comply with redaction rules.

 A message is displayed when an attorney logs in to CM/ECF. The attorney is required to check a box on the last line of the reminder to show they have read it. The message also provides links to the Federal Rules regarding redaction. In addition, another reminder message has been added to the screen where the attorney finalizes submission of the filed document. The message asks: “Have you redacted?”

 The messages for each type of court refer to the respective Federal Rules, but each contains the language, “IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact Social Security or taxpayer-identification numbers; dates of birth; names of minor children; financial account numbers.”

The messages for district and appellate courts also note that in criminal cases, home addresses also must be redacted.

A total of 401,576 electronic applications from lawyers seeking jobs as federal court law clerks were received in fiscal year 2009, a 66 percent increase from the 241,529 applications received in 2008 via the Online System for Clerkship Application and Review (OSCAR).

The applications were filed by 10,722 applicants who were competing for the 1,244 clerkship positions that were posted between October 1, 2008 and September 30, 2009.  About two-thirds of all federal judges participate in the OSCAR program, electing to maintain a judge profile, post a clerkship position and accept applications, or advertise that there are not hiring law clerks.

Fifty-two percent of the applicants that used OSCAR during FY 2009 were law school graduates, and 48 percent were third-year law students. But 68 percent of the 401,576 applications were generated by third-year law students.

The number of applications filed via OSCAR has increased each year since its introduction in FY 2005, when 94,693 applications were handled. The totals since have been 174,363 in 2006; 180,832 in 2007; 241,529 in 2008; and 401,576 in 2009.  For more information on OSCAR, see https://oscar.uscourts.gov

U.S. EPA released a draft report and related materials concerning two coal ash impoundments at American Electric Power’s (AEP) Philip Sporn facility in West Virginia. Out of an abundance of caution and in the spirit of transparency, EPA notified West Virginia and Ohio public officials, first responders and American Energy and Power of concerns about AEP’s Philip Sporn facility on October 29, 2009.

The agency took this highly unusual step because a report done as part of the ongoing comprehensive review of dam integrity of coal ash impoundment sites found factors at the AEP Philip Sporn facility that are similar to the TVA Kingston facility that failed in December 2008.

Though EPA does not believe the impoundments pose an imminent threat to the surrounding communities based on the draft report’s assessment and follow-up technical reviews, EPA issued an information request letter requiring the company to conduct several studies to assure the safety of these impoundments.

 The company is required to provide the results of those studies to EPA within 90 days. The company has agreed to perform the requested studies. The agency will continue to work with AEP and state and local officials and will use all necessary authority to assure the safety of the facility.

The process of reviewing and responding to these reports normally takes a month or more. In this case, however, EPA expedited the process so the community had access to as much information as quickly as possible.

Draft report and related materials:
http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/statement.htm

Heather Rosen, of Harvard Medical School, and her colleagues analyzed data in the US National Trauma Data Bank from 2002 to 2006. The analysis found uninsured patients had a 39% higher risk of dying following traumatic injury, such as a car accident, versus patients with health insurance coverage.  So much for the idea that everyone is America is treated equally by health care professionals.

When corrected for sex, race, age, injury severity and injury patients without health insurance coverage had an 80% higher chance of dying from traumatic injury.  

Now, I understand why the very first thing a secretary in a doctor’s office asks for is your insurance card and a co-payment.   If those statistics were not bad enough, if a younger patient without health care insurance really gets screwed by health care professionals — uninsured young people were at 89% increased risk of death. 

Check it out in the article entitled Downwardly Mobile – the accidental cost of being uninsured, a paper in Archives of Surgery

I would be far richer if I were as interested in money as my friends in the health care industry.  What a wickedly greedy profession to be in.

P&G turns to the sun for energy needed for California paper products plant.

Procter & Gamble and solar energy company Sun Edison have teamed up to install a 1.1 megawatt photovoltaic solar system at P&G’s paper products manufacturing plant located in Oxnard, Calif.,.   The solar powered generating system is expected to produce more than 34 million kilowatt hours during its first 20 years of operation. 

 The solar powered electric generating system will produce more than 1.9 million kilowatts of clean energy during its first year of operation.  Sun Edison paid for the entire installation of the system.  In turn, the alternative energy will be purchased by P&G under a long-term utility contract. 

A win-win situation powered by Cincinnati’s own P&G.  Good for them and good for the environment.

Greg Higson

Greg Higdon, a former Kentucky state senator and resident of Fancy Farm, Ky., has been named as president and CEO of the Kentucky Association of Manufacturers.  Higdon replaces Jim LeMaster, who retired in September to take a governmental affairs role in the Lexington office of Stoll Keenon Ogden PLLC law firm.

Higdon served in the Kentucky Senate from 1981 to 1991, when he became deputy secretary of the Natural Resources and Environmental Protection Cabinet and a special assistant to then-Gov. Brereton Jones.  Higdon has been involved with the Frankfort, Ky.-based manufacturers’ association since 1994, serving as director of the trade group’s Chemical Industry Council and policy advisor to past organization presidents.

Tall Stacks 2006 174

Clean Wate Act consent degree will take City of Akron decades to complete.

In a federal court settlement, the city of Akron, Ohio, agreed to make extensive improvements to its sewer system to reduce or eliminate sewage overflows that have long polluted the Cuyahoga River and its tributaries  According to the consent decree lodged under the Clean Water Act in federal court, the city is required to develop and implement a comprehensive plan to reduce or eliminate (i) untreated overflows of sanitary sewage and storm water from its combined sewer system; and (ii) bypasses around secondary treatment at the wastewater treatment plant.

The city of Akron’s sewage and wastewater discharges flow into the Cuyahoga River, the Little Cuyahoga River, the Ohio Canal and their tributaries and contribute to impairment of water quality in those waterways.  The Cuyahoga River, an American Heritage River, flows through Cuyahoga Valley National Park and the Cleveland metropolitan area, to Lake Erie. 

Yes, the same Cuyahoga River caught fire in the 1970s because it was so polluted with flammable wastes from the city of Cleveland’s industrial community. So, in 30 years the Cuyahoga River is now an American Heritage River.  Imagine how nice the Cuyahoga River will be, once the city of Akron stops dumping water pollution, including raw sanitary wastes in it!

As part of the settlement, the city will perform extensive analyses to identify appropriate methods of controlling or eliminating these discharges. After an opportunity for public participation, the federal and state governments will evaluate the results and require the city to implement appropriate improvements at various milestones, achieving full operation no later than Oct. 15, 2028.

Wow! It is simply amazing that the federal and state government conclude that twenty plus years is needed before the city of Akron finally fully complies with the Clean Water Act.  That is a pretty outrageous situation and a sad statement on the state of environmental compliance in America, as of November 2009.

In addition to the projects identified through the year-long analysis, over the next six years, the city will expand capacity at its wastewater treatment plant to allow for treatment of at least an additional 20 million gallons of wastewater per day.

Also, over the next eight years, the city will construct separate sewer lines for five combined sewer outfall points. Finally, the city will engage in comprehensive capacity, maintenance and emergency response programs to improve sewer system performance and to eliminate releases from the sewer collection system, including basement backups, releases into buildings, and onto property.

As part of the settlement, the city will pay a $500,000 civil penalty and provide $900,000 to fund the removal of the Brecksville (Route 82) Dam on the Cuyahoga River, as a state supplemental environmental project. EPA estimates that the dam removal will contribute to a significant improvement in water quality in the Lower Cuyahoga River. 

Why are the ratepayers of the city of Akron paying civil penalties to the U.S. Treasury?  What a waste of taxpayer money!  Instead of taking 20+ years to comply with the basic provisions of the Clean Water Act, take that $1.4 million dollars and speed up compliance measures. 

 The consent decree, lodged in the U.S. District Court for the Northern District of Ohio, is subject to a 60-day public comment period and approval by the federal court. A copy of the consent decree and a summary of the agreement are available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decress.html.

 

The Louisville Metro Air Pollution Control Board will hold its regular monthly meeting at 10:00 a.m. on Wednesday, November 18, 2009, in the Board Room, 850 Barret Avenue, Louisville. The Board invites the public to attend.

Meeting Agenda

1.    Call to Order

A.    Recognition of Quorum

2.    Introductions – Daniel Durrett, Air Pollution Tech II; Deborah Vavrek, Air Pollution Tech II; and Stewart McCollam, Engineer I

3.    Approval of Minutes – Public Hearing <http://www.louisvilleky.gov/NR/rdonlyres/CE7D2F5A-DCD3-4BBA-AD76-D4FE27F546F8/0/BoardPublicHearingMinutes2009_10_21.pdf>  and regular Board meeting <http://www.louisvilleky.gov/NR/rdonlyres/4CF41DD3-6F08-4C80-A9C3-30EA33069078/0/BoardMeetingMinutes2009_10_21.pdf>  on October 21, 2009

4.    Public Comment <http://www.louisvilleky.gov/APCD/Calendar/20091118BoardMeeting.htm#a1> [1]

5.    Unfinished Business

6.    New Business

7.    Committee Reports

8.    Staff Reports

 9.    Adjourn

 

You can download this agenda in PDF format <http://www.louisvilleky.gov/NR/rdonlyres/ADE7B7EE-359C-4605-96BD-DBA818E9CEB3/0/BoardMeetingAgenda2009_11_18.pdf> .

 

The next Board Meeting is  <http://www.louisvilleky.gov/APCD/Calendar/20091216BoardMeeting.htm> Wednesday, December 16, 2009 at 10:00 a.m.

 

1 This is a regularly scheduled agenda item to give individuals and organizations an opportunity to address the Board on air pollution issues. Presentations shall be limited to two minutes, except that the Board Chair may, for cause, allow three minutes. Persons wishing to address the Board shall notify Joseph <http://www.louisvilleky.gov/APCD/EMailExecAdmininistrator.htm>  Schweinhart, Secretary/Treasurer (502‑574‑5145) and submit a completed speaker’s registration card to the Secretary-Treasurer before 10:00 a.m. of the day of the Board meeting.

Coal is what's happening in Kentucky

Kentucky is 3rd biggest coal producing state in country.

Kentucky is the third largest coal-producing State, after Wyoming and West Virginia. It accounts for roughly one-tenth of total U.S. coal production and nearly one-fourth of U.S. coal production east of the Mississippi River.

Although all Kentucky coal is bituminous, its sulfur content varies across the Commonwealth. Coal produced in the Central Appalachian Basin is low in sulfur, while coal produced in the Illinois Basin is high in sulfur.

Nearly one-third of all the coal mines in the Nation are found in Kentucky, more than in any other State. Kentucky has both surface and underground coal mines.

 Large volumes of coal move into and out of Kentucky by railcar and river barge. Kentucky delivers approximately three fourths of State coal production to more than two dozen States, most of which are on the East Coast and in the Midwest.

 Nearly 95 percent of the coal used in Kentucky is burned for electricity generation, and most of the remainder is used in industrial and coke plants.

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