Legal and technical defensibility of data and the Triad approach

The Triad approach was developed primarily to limit decision uncertainty during cleanups at hazardous waste sites. The fundamental principles of the Triad approach include development of a site characterization model and use of emerging technologies, which can provide data at a higher density than could be affordably collected using traditional data collection methodologies, to refine the model in essentially real time. New data formats are used collaboratively with data in traditional formats to iteratively pin down the relative concentration, nature, and extent of contaminants, thus minimizing decision uncertainties. This article examines the potential admissibility as evidence in legal proceedings of data collected by technologies designed to improve the density of information that are commonly used during the course of Triad‐type projects. The article explains that such criteria may vary depending on the purpose for which the evidence is to be used (e.g., as direct evidence to prove site conditions or as support for the testimony of an expert witness) and the court in which the legal proceeding would take place (e.g., federal court or state court). Admissibility in federal courts of data both as direct evidence and as support for expert witness testimony is covered. © 2005 Wiley Periodicals, Inc.     

EPA’s LIMB Development and Demonstration Program

This paper describes and discusses key design features of the retrofit of EPA’s Limestone Injection Multistage Burner (LIMB) system to an operating, wall-fired utility boiler at Ohio Edison’s Edgewater Station, based on the preliminary engineering design. It further describes results of pertinent projects in EPA's LIMB program and shows how these results were used as the basis for the design of the system. The full-scale demonstration is expected to prove the effectiveness and cost of the LIMB concept for use on large-scale utility boilers. To date, a preliminary engineering design for the Edgewater unit has been prepared incorporating the technology developed in smaller-scale studies. The schedule calls for system start-up by March 1987. EPA is engaged in a multiyear program to develop an improved control technology for emission of sulfur and nitrogen oxides from the combustion of fossil fuels. The technology involves staged-flow coal burners and injection of a reactive sorbeht into the furnace to reduce emissions. The program includes fundamental studies of reaction chemistry and kinetics, bench and pilot scale experimental studies, a full-scale demonstration, and economic and applicability studies. It is structured to establish a basis for future public sector commercialization, as well as help in understanding the technology’s controlling factors.     

Treatment Technologies for Hazardous Wastes: Part 1 Treatment Alternatives for Dioxin Wastes

The 1984 Amendments to the Resource Conservation and Recovery Act (RCRA), called the Hazardous and Solid Waste Amendments, (HSWA) direct the EPA to determine if dioxin bearing wastes should be prohibited from landfills. This determination is to made by November 1986. Barring a determination by the Agency that the land disposal of dioxin wastes does not represent a threat to the environment, ot that appropriate alternative treatment technology is not available, a land disposal prohibition would go into effect at that time.¹ The purpose of this paper is to discuss the state of the art for several treatment processes for dioxin wastes that have been proposed to be used instead of land disposal for disposing of solid and liquid wastes containing dioxins.     

Temporal processes that contribute to nonlinearity in vegetation responses to ozone exposure and dose

Ozone interacts with plant tissue through distinct temporal processes. Sequentially, plants are exposed to ambient O₃ that (1) moves through the leaf boundary layer, (2) is taken up into plant tissue primarily through stomata, and (3) undergoes chemical interaction within plant tissue, first by initiating alterations and then as part of plant detoxification and repair. In this paper, we discuss the linkage of the temporal variability of apoplastic ascorbate with the diurnal variability of defense mechanisms in plants and compare this variability with daily maximum O₃ concentration and diurnal uptake and entry of O₃ into the plant through stomata. We describe the quantitative evidence on temporal variability in concentration and uptake and find that the time incidence for maximum defense does not necessarily match diurnal patterns for maximum O₃ concentration or maximum uptake. We suggest that the observed out-of-phase association of the diurnal patterns for the above three processes produces a nonlinear relationship that results in a greater response from the higher hourly average O₃ concentrations than from the lower or mid-level values. The fact that these out-of-phase processes affect the relationship between O₃ exposure/dose and vegetation effects ultimately impact the ability of flux-based indices to predict vegetation effects accurately for purposes of standard setting and critical levels. Based on the quantitative aspect of temporal variability identified in this paper, we suggest that the inclusion of a diurnal pattern for detoxification in effective flux-based models would improve the predictive characteristics of the models. While much of the current information has been obtained using high O₃ exposures, future research results derived from laboratory biochemical experiments that use short but elevated O₃ exposures should be combined with experimental results that use ambient-type exposures over longer periods of time. It is anticipated that improved understanding will come from future research focused on diurnal variability in plant defense mechanisms and their relationship to the diurnal variability in ambient O₃ concentration and stomatal conductance. This should result in more reliable O₃ exposure standards and critical levels.     

Quantifying the effects of trampling and habitat edges on forest understory vegetation – A field experiment

We investigated the effects of human trampling on boreal forest understory vegetation on, and off paths from suburban forest edges towards the interiors and on the likelihood of trampling-aided dispersal into the forests for three years by carrying out a trampling experiment. We showed that the vegetation was highly sensitive to trampling. Even low levels of trampling considerably decreased covers of the most abundant species on the paths. Cover decreased between 10 and 30% on paths which had been trampled 35 times, and at least by 50% on those trampled 70–270 times. On-path vegetation cover decreased similarly at forest edges and in the interiors. However, some open habitat plant species that occurred outside the forest patches and at forest edges dispersed into the forests, possibly through the action of trampling. A higher cover percentage of an open habitat species at the forest edge line increased its probability to disperse into the forest interior. The vegetation community on, next to, and away from lightly trampled paths remained the same throughout the trampling experiment. For heavily trampled paths, the community changed drastically on the paths, but stayed relatively similar next to and away from the paths. As boreal vegetation is highly sensitive to the effects of trampling, overall ease of access throughout the forest floor should be restricted to avoid the excessive creation of spontaneous paths. To minimize the effects of trampling, recreational use could be guided to the maintained path network in heavily used areas.     

Current Trends in Federal Interagency Relations Concerning Air Pollution

Under the first Federal Air Pollution Act of 1955, which assigned the responsibility for developing a national program to the Public Health Service, a significant phase of the program involved other federal agencies through a series of contractual relationships. These interdepartmental relationships were limited however, to the objective of capitalizing on the diverse research facilities and specialized competencies within the federal establishment, as a means of accelerating the research and technical assistance program authorized under the act. With the passage of the Clean Air Act of 1963, a major new emphasis has been added to the federal air pollution control program—application of technical knowledge, through broadly accelerated control programs. This emphasis is reflected in current trends in the nature and type of the Public Health Service’s developing relationships with other federal agencies. The emerging PHS programs to prevent and control air pollution from federal facilities, the PHS role in preventing pollution arising from transportation systems aided under the new Urban Mass Transportation Act, and other developing interagency relationships and problem areas are discussed in this context.     

Disturbance regimes,resilience, and recovery of animal communities and habitats in lotic ecosystems

Disturbance regime is a critical organizing feature of stream communities and ecosystems. The position of a given reach in the river basin and the sediment type within that reach are two key determinants of the frequency and intensity of flow-induced disturbances. We distinguish between predictable and unpredictable events and suggest that predictable discharge events are not disturbances. We relate the dynamics of recovery from disturbance (i.e., resilience) to disturbance regime (i.e., the disturbance history of the site). The most frequently and predictably disturbed sites can be expected to demonstrate the highest resilience. Spatial scale is an important dimension of community structure, dynamics, and recovery from disturbance. We compare the effects on small patches (⩽1 m²) to the effects of large reaches at the river basin level. At small scales, sediment movements and scour are major factors affecting the distribution of populations of aquatic insects or algae. At larger scales, we must deal with channel formation, bank erosion, and interactions with the riparian zone that will affect all taxa and processes. Our understanding of stream ecosystem recovery rests on our grasp of the historical, spatial, and temporal background of contemporary disturbance events.     

Assessing ecological risk on a regional scale

Society needs a quantitative and systematic way to estimate and compare the impacts of environmental problems that affect large geographic areas. This paper presents an approach for regional risk assessment that combines regional assessment methods and landscape ecology theory with an existing framework for ecological risk assessment. Risk assessment evaluates the effects of an environmental change on a valued natural resource and interprets the significance of those effects in light of the uncertainties identified in each component of the assessment process. Unique and important issues for regional risk assessment are emphasized; these include the definition of the disturbance scenario, the assessment boundary definition, and the spatial heterogeneity of the landscape. Although the research described in this article has been funded wholly or in part by the United States Environmental Protection Agency (EPA) through Interagency Agreement Number DW89932112-01-2 to the U.S. Department of Energy, it has not been subjected to EPA review and therefore does not necessarily reflect the views of EPA and no official endorsement should be inferred.     

HYDROLOGIC AND HYDRAULIC RESEARCH IN MOUNTAIN RWERS1

ABSTRACT: Although our current (1990) knowledge of hydrologic and hydraulic processes is based on many years of study, there are river environments where these processes are complex and poorly understood. One of these environments is in mountainous areas, which cover about 25 percent of the United States. Use of conventional hydrologic and hydraulic techniques in mountain-river environments may produce erroneous results and interpretations in a wide spectrum of water-resources investigations. An ongoing U.S. Geological Survey research project is being conducted to improve the understanding of hydrologic and hydraulic processes of mountainous areas and to improve the results of subsequent hydrologic investigations. Future hydrologic and hydraulic research needs in mountainous areas are identified.