The previous deadline had been January 16, 2011 which had been extended until January 21, 2011. EPA had requested on December 7, 2010 an extension until April 13, 2012 or, at a minimum, until July 15, 2011 to repropose the rule or at least respond to comments.
EPA released a statement indicating that the agency was disappointed that the extension was not longer. The Agency had planned to delay the rule for one year. EPA received more than 4,800 comments and additional data during the public comment period for these rules. This information shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler types. Given the extensive comments, EPA filed a motion with the court asking for more time to fully evaluate all the comments and data and finalize the rules.
The safeguard is designed to protect the 36 million Americans who live within three miles of these sources of air pollution by significantly lowering the releases of mercury, lead, and other toxics that make people sick.
The EPA’s draft health safeguard for boilers and incinerators, proposed in June 2010, is expected to save nearly five thousand lives each year and prevent 3,000 heart attacks, 33,000 cases of aggravated asthma, and millions of acute respiratory problems. The benefits of the proposed health safeguard are projected to outweigh the costs by at least $14 billion every year. The safeguard could also result in the creation of up to 9,000 jobs as pollution controls and new technologies are installed, according to the National Association of Clean Air Agencies.
Specifically, the health safeguard will reduce the amount of dioxins, soot, and dangerous metals in the air. It will also slash toxic mercury pollution coming from these plants.
The EPA’s action to control toxic emissions from industrial boilers and incinerators follows an Earthjustice lawsuit filed on behalf of Sierra Club. EPA has already finalized strong toxic air pollution safeguards for cement kilns, and the first ever toxic pollution limits for power plants are expected later this year.
Only Two Webcasts Remaining, Register Today for: IATA Update – What’s New for 2011?
Each year, the International Air Transportation Association (IATA) updates and revises the regulations for the transportation of dangerous goods (hazardous materials) by air. If you offer dangerous goods for transportation by air, you must follow the new regulations by January 1. A large number of significant changes are being implemented in the 2011 IATA Dangerous Goods Regulations (DGR).
At this live webcast, you will learn:
- Changes in the regulations for consumer commodities– new marking and shipping paper entries
- New test authorized to determine classification and packing group of corrosives
- Changes in the classification criteria for magnetized materials
- Revisions to the classification of environmentally hazardous substances, marine pollutants, and aquatic pollutants
- Phase in of new packing instructions for Class 3 flammable liquids, Class 4 flammable solids, Class 5 oxidizers/organic peroxides, Class 8 corrosives, Class 9 miscellaneous, and Division 6
- New entries on the IATA List of Dangerous Goods and new special provisions
- New marking requirements for net quantities, limited quantities, environmentally hazardous substances, and orientation arrows
Tampa, Florida RCRA and DOT Training
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Safety Tip of the Week™, the Environmental Tip of the Week™, and the Reg of the Day™.
DOT Issues Integrity Management Bulletin for Gas and Hazardous Liquid Pipelines
Louisiana DEQ Offers Free Workshops to Assist Body Shops Understand EPA6H Rule
DEQ is sponsoring a free workshop to assist auto body shops with understanding the EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) 6H rule. This session will give a basic understanding of the regulation as well as information about compliance and reporting requirements. The EPA 6H rule applies to paint stripping and miscellaneous surface coating operations.
Since all body shops should now be in compliance with the EPA 6H rule and existing sources must submit a notification of compliance by March 11, this class will help them understand and meet the requirements.
The workshop is being conducted at two locations:
Baton Rouge, Wednesday, February 16 from 10:00 am – 11:30 am
DEQ Headquarters – Pensacola Room
602 North 5th Street
New Orleans, Thursday, February 17 from 10:00 am – 11:30 am
DEQ Southeast Regional Office
201 Evans Road, Building 4, Suite 420
Carbon Capture and Storage Can Help Reduce GHG Emissions
An independent review panel concluded in a recent report that Californians would benefit from long-term geologic storage of carbon dioxide to reduce greenhouse gas (GHG) emissions.
“It is essential that as we move towards reaching the state’s greenhouse gas reduction goals, every viable technology is considered,” said Vice Chair James Boyd, California Energy Commission. “We are extremely grateful to the members of the Review Panel who freely gave their time and expertise to evaluate carbon capture and storage as part of the solution to climate change.”
The Review Panel, composed of experts from industry, trade groups, academia, and an environmental organization, was asked by the agencies to provide advice on the policies, institutional and regulatory changes required to enhance developing and using carbon capture and storage in California to reduce GHG emissions. Five public meetings were held last year to help identify key issues and frame the recommendations that would allow the state to include carbon capture and storage as an additional technology that would help meet California’s 2020 and 2050 GHG emission reduction goals.
CPUC President Michael R. Peevey said, “This is an important first step in providing the pathway for geologic carbon sequestration projects in California while ensuring safety and proper stewardship for our natural resources. CCS is a necessary tool to address climate change and reduce emissions during the transition to non-emitting sources of energy over the coming decades.”
In addition to agreeing that there is a public benefit from long-term storage of carbon dioxide as a strategy to reduce GHG emissions, the Panel found that there are also numerous challenges to large-scale projects are implemented and offered recommendations to resolve or begin a process to resolve some of those challenges. The Panel also concluded that there must be clear, efficient and consistent regulatory requirements and authority for permitting all phases of these projects in California including carbon dioxide capture, transport and storage.
The Panel recommended that California agencies recognize regulated carbon capture and storage as a measure that can safely and effectively reduce carbon dioxide emissions. Recommendations also included that the ARB should consider projects that store carbon dioxide as a viable carbon reduction measure and define accounting tools for measuring the stored carbon dioxide so that the carbon reductions can be valued and counted for compliance with California’s climate change regulations. Additionally, the Panel recommended designating the Energy Commission as the lead agency to prevent significant environmental impacts in carbon capture and storage projects.
“Carbon capture and storage shows promise as a climate change mitigation strategy, and the Review Panel findings identified important next steps including development of methods for emissions monitoring, verification and reporting,” said Mary D. Nichols, ARB Board Chairman.
Additionally, a Technical Advisory Team, including experts from state agencies and private industry, published a series of papers that provided valuable data and analysis supporting the report’s recommendations.
Ward Trucking Fined $80,000 for Storing Hazardous Waste without Permit
Ward Trucking LLC has agreed to pay an $80,000 penalty to settle hazardous waste violations at its facility located at 2800 Brecksville Road in Richfield. The company also will close and clean up two trailers that once housed hazardous waste.
In December 2009, Ohio EPA conducted a complaint investigation and inspection of the facility. Ohio EPA’s inspector found hazardous waste had been stored in dozens of 55-gallon drums for up to eight years. The company was cited with storing hazardous waste for more than 180 days without a hazardous waste permit and ordered to remove the drums for proper disposal. All drums of hazardous waste have been removed from the site.
Because the company established and operated a hazardous waste storage facility, it is required to submit to Ohio EPA an approvable closure/cleanup plan for the trailers. Once the plan is approved, the company will establish financial assurance and liability coverage, and complete the closure.
Ward Trucking operates a trucking terminal facility and occasionally handles hazardous materials that are damaged in transit or during loading/offloading operations.
Global Energy Efficiency Governance Study Released
This study aims to provide government officials and stakeholders with guidance on how to establish effective structures to promote energy efficiency. It highlights the importance of developing legal, institutional, funding, and coordination mechanisms to support national and sub-national energy efficiency policy implementation.
“This study is extremely valuable to supporting the implementation of good energy efficiency policies around the world,” said Nobuo Tanaka, IEA Executive Director.
Information for the study was gathered from 175 energy efficiency professionals in 70 countries.
Voluntary Labeling Program for Biobased Products; Final Rule
The USDA is establishing a voluntary labeling program for biobased products under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008. Under the voluntary labeling program, a biobased product, after being certified by USDA, can be marketed using the “USDA Certified Biobased Product” label. The presence of the label will mean that the product meets USDA standards for the amount of biobased content and that the manufacturer or vendor has provided relevant information on the product for the USDA BioPreferred Program Website. This final rule applies to manufacturers and vendors who wish to participate in the voluntary labeling component of the BioPreferred Program, and other entities.
Man Caught Illegally Burning Waste—Twice
Investigators within the Criminal Investigation Division of the Louisiana Department of Environmental Quality, along with deputies of the Rapides Parish Sheriff’s Office, arrested a Rapides Parish man for the alleged illegal burning and disposal of roofing shingles, tire rims, plastic products, aerosol cans, and other solid wastes.
Walter Monroe Smith, Sr., 61, of Pineville is alleged to have hired Leroy Joseph Taylor, 52, of Deville, to conduct a cleanup of some property owned by Smith. On or about September 27, 2010, Smith allegedly instructed Taylor to set fire to roofing shingles, tire rims, plastics products, and other solid wastes at the property. Smith is the owner of Rapides Roofing & Home Repair.
Smith’s arrest was executed in connection with an arrest warrant issued on January 19, 2011, by the Honorable George C. Metoyer, 9th Judicial District Court Judge. An arrest warrant has also been issued for Leroy Joseph Taylor regarding this incident.
Previously DEQ-CID investigated a similar incident involving Smith in February 2009. It is alleged Smith instructed his employees to set fire to piles of shingles on his property in located in Deville. Smith was charged by the Rapides District Attorney’s Office for this incident in September 2009 and currently awaits trial in the 9th Judicial District. Smith is set to appear in court for the February 2009 incident on January 25, 2011.
The violations cited in Smith’s arrest warrant are felonies. If convicted of the crime of knowingly disposing of or emitting pollutants which could endanger human life or health, Smith faces possible imprisonment for not more than 10 years with or without hard labor, or a fine of not more than $100,000, or both.
Thatcher Chemical Fined for Failing to Implement Risk Management Plan
A settlement agreement requires the company to implement improved maintenance and internal auditing of equipment used to store and process hazardous chemicals, as well as improving documentation of training for employees working with these chemicals
Under the Clean Air Act, operations such as Thatcher’s must develop a risk management program and submit a risk management plan to assist with emergency preparedness, chemical release prevention, and minimization of releases that occur. EPA Inspectors found that the facility had not adequately implemented those regulations.
“Companies that use chemicals and substances which pose a potential danger are responsible for having a robust risk management program in place,” said Mike Gaydosh, director of EPA’s enforcement program in Denver. “Failure to do so places the environment, employees, and the nearby community at risk.”
Thatcher, which has operations in several states, is subject to the risk management regulations because it stores large quantities of substances classified as extremely hazardous by EPA at its Salt Lake City plant including ammonia, chlorine, and sulfur dioxide. Failure to establish adequate programs and keep plans updated can increase the risk of accidents and reduce preparedness for emergencies.
Usibelli Coal Mine Fined $60,000 EPA for Clean Water Act Violations
According to documents associated with the case, the Mine had 11 unpermitted discharges into the Nenana River, Hoseanna Creek, Sanderson Creek, and Francis Creek between April 2007 and July 2010. During that time, they also had 10 violations of their discharge permit limits.
According to Edward Kowalski, Director of EPA’s Regional Office of Compliance and Enforcement, mining responsibly means paying attention and looking ahead to prevent future problems.
“Many of these discharges could have been minimized or avoided,” said EPA’s Kowalski. “By simply using and maintaining best management practices, we believe this penalty could have been avoided. Mining responsibly means making water quality protection a top priority.”
Sanderson Creek, Hoseanna Creek, Francis Creek, and nearby gravel ponds are all classified by the State of Alaska as suitable for use as water supply, water recreation, and growth and propagation of fish, shellfish, other aquatic life, and wildlife.
Metal Heat Treater Fined for Storing Hazardous Waste without Permit
General Metal Heat Treating Inc., has agreed to pay a $23,000 penalty to settle hazardous waste violations at its facility located at 941 Addison Road in Cleveland, Ohio. The company has addressed the violations and now operates in compliance with Ohio’s hazardous waste regulations.
Following a March 2010 facility inspection, Ohio EPA cited the company with violations related to the handling and storage of hazardous waste. The violations included accumulating and storing hazardous waste for more than 180 days without a permit; failing to properly label hazardous waste and used oil containers; and failing to inspect and maintain emergency response equipment.
General Metal Heat Treating operates a metal heat treating facility. The company is a small quantity generator of hazardous waste including spent barium chloride salts and sodium nitrate salts.
Range Fined for Contaminating Drinking Water
In the order, the EPA determined that Range had caused or contributed to the contamination of a drinking water aquifer in Parker County, Texas. The complaint asks the Dallas court to direct the companies to comply with portions of the order and to pay a civil penalty of up to $16,500 per day of violation.
EPA issued the order following an investigation into complaints from residents about methane contamination in their private drinking water wells. According to allegations in the complaint, testing confirmed the presence of methane gas and the presence of other contaminants, including benzene, a known human carcinogen, in the well water.
Residents noticed problems with their private drinking water wells soon after Range completed drilling and well stimulation operations on two natural gas wells located near the residents’ drinking water wells. During the course of conducting its investigation and while consulting with various state authorities, EPA determined that the risk of explosion warranted the issuance of an emergency order.
While Range offered to provide two affected residences alternative drinking water and installed explosivity meters in their homes after issuance of the emergency order, it has failed to comply with other requirements to conduct surveys of private and public water wells in the vicinity, to submit plans for field testing, and to submit plans to study how the methane and other contaminants may have migrated from the production wells, in addition to plans to remediate affected portions of the aquifer.
Carmeuse Lime Fined for Air Pollution Violations
Ohio EPA and Carmeuse Lime Inc., have reached a settlement to address violations of air pollution control requirements for operating unpermitted emission sources, excess visible emissions and other issues at its Jackson Township, Sandusky County plant. Most actions to correct the violations have been completed. The company also agreed to pay a $147,335 civil penalty.
The company has held a federal and state operating permit for the air pollution sources at the lime manufacturing plant since May 2003. The permit sets emission limitations, record keeping, and reporting requirements for significant air pollution sources. The violations were:
- Exceeding visible particulate emissions limitations on three emissions sources;
- Failing to obtain a permit-to-install for two emissions sources before installing the equipment;
- Failing to demonstrate compliance with particulate emission limits for the lime kilns after failed stack tests in 2007, 2008, and 2009 and failing to report the test results within the required time frame;
- Failing to maintain air pollution control equipment within required ranges and failing to report pressure drop deviations as required by the permit; and
- Failing to submit semi-annual compliance reports for 2008 and 2009 and conduct visible emission checks on stone-handling operations as required.
The company obtained the necessary permit-to-install from Ohio EPA on July 15, 2009. Carmeuse has begun monthly visible emissions checks. And while using only coal with no petroleum coke as fuel, the plant passed an emissions stack test in August 2009.
Under the terms of the settlement with Ohio EPA, Carmeuse must submit a revised permit renewal application incorporating the lime transloader and all storage piles as emission units and making other revisions. It also requires the company to demonstrate compliance with federal regulations before using petroleum coke for production in the lime kilns.
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Trivia Question of the Week
In the United States, companies waste how much money by leaving unused computers on overnight?
a. $50 million
b. $195 million
c. $1.1 billion
d. $2.8 billion
