A federal judge agreed with environmental and public health groups that EPA needs to set federal regulations for the safe and proper disposal of toxic coal ash.
The groups filed the lawsuit in April 2012 challenging the EPA’s lack of federal regulations for America’s second largest industrial waste stream.
The order of the US District Court for the District of Columbia offered little details about the timing or substance of the EPA’s rulemaking but said it will issue a Memorandum Opinion within the next 30 days with more specifics. For now, the decision marks the first step towards federally enforceable safeguards, monitoring, and protections against coal ash. In its order, the court did deny one of the environmentalists’ claims regarding testing procedures for coal ash contamination, but more details are needed before the groups are fully able to understand the implications.
Plaintiffs in the case claim that coal ash has already contaminated more than 200 rivers, lakes, streams, and aquifers with toxic pollutants like arsenic, lead, selenium, and mercury. In 2008, a spill at the TVA Kingston Fossil Plant in Harriman, Tennessee, dumped one billion gallons of coal ash over 300 acres, destroying homes and poisoning rivers. That spill led to the EPA proposing in May 2010 the first federal regulations for coal ash disposal. The agency never finalized that rulemaking, leaving open the opportunity for the power generating industry and some members of Congress to push for legislation that would prevent the EPA from ever setting federal regulations.
Knoxville RCRA and DOT Training
Atlanta Environmental, Transportation, and Safety Training
San Diego RCRA and DOT Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
EPA Restricts of Imports of Perfluorinated Chemicals
EPA published a final rule that will allow the agency to restrict imports of potentially harmful perfluorinated chemicals that could be used in carpets. The regulation will require companies to report to EPA all new uses, including in domestic and imported products, of these chemicals once used for soil and stain resistance in carpets. These chemicals have been shown to persist in the environment and bioaccumulate in humans and animals—they represent a potential threat to American’s health.
This action follows the US chemical industry’s voluntary phase out of these chemicals and a range of actions by EPA to address concerns with these chemicals. “While this category of chemicals has largely been voluntarily phased out by the US chemical industry and not in use in this country, they could still be imported in carpets. The action will ensure that EPA has the opportunity to take action to restrict or limit the intended use, if warranted, for any new domestic uses or imports,” said Jim Jones, EPA’s Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “This action will also provide a level playing field for those companies who stepped up to cease the use of these chemicals in this country, while at the same time protecting the American public from exposure to these chemicals in imported carpet products.”
This rule is one of several actions EPA has taken to protect the public from perfluorinated chemicals. In 2006, the eight major US companies producing LCPFAC chemicals committed to the EPA’s voluntary PFOA Stewardship Program, pledging to reduce global emissions and product content of LCPFAC chemicals by the end of 2015. As part of this phase-out program, the industry stopped using LCPFAC chemicals on carpets and aftercare treatment products. EPA has also issued other Significant New Use Rules to require EPA review and prior to the reintroduction of other perfluorinated chemicals included in the voluntary industry phase-out. EPA anticipates another Significant New Rule on additional perfluorinated chemicals in early 2014 as well as Significant New Use Rules on other chemicals that will include imported products.
California to Update AB 32 Climate Change Scoping Plan
The Scoping Plan describes the comprehensive range of efforts California must take to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020 and meet the state’s long-term goals to combat climate change.
AB 32 requires the Scoping Plan to be updated every five years. The original Plan, first released in 2008, was developed on the principle that a balanced mix of strategies is the best way to cut emissions and grow California’s economy in a clean and sustainable direction. This draft update continues with that approach and focuses on three questions:
- What has been done over the past five years?
- What is needed to continue the prescribed course of action to 2020?
- What steps must California now take to meet the state’s climate goals beyond 2020?
California’s strategy to meet the goals of AB 32 is based on the continued implementation of adopted actions including Advanced Clean Cars, the 33% Renewables Portfolio Standard, statewide energy-efficiency initiatives, Cap-and-Trade, the Low Carbon Fuel Standard and other programs. They are designed to achieve significant reductions of GHGs in every sector of California’s economy through improved energy efficiency, and by providing consumers with cleaner fuel choices.
The discussion draft includes an analysis of progress to date, finding that California is on track to meet the AB 32 2020 goal of GHG reductions. An overview of the current science of climate change in the draft includes an expanded discussion of short-lived climate pollutants such as methane and black carbon. It also includes actions California must take to continue GHG reductions in six key focus areas: energy; transportation, land use, fuels and infrastructure; water; agriculture; natural and working lands; and, waste.
The draft update is the result of a series of discussions and input over the past year by a broad range of state agencies and departments and the state Climate Action Team. In addition, four public workshops were held over the summer in Los Angeles, Fresno, Sacramento, and San Francisco in an effort to consider comments prior to developing the draft.
Future steps in the development of the Proposed Update include a public workshop on October 15 in Sacramento (which will also be webcast), and a meeting of the Board at the end of October to hear from all stakeholders and provide further direction to staff on revisions to the discussion draft presentation to the ARB at its Board meeting at the end of October. Following the October Board meeting, the draft will be revised and then presented to the Board at its December meeting. The Board is anticipated to consider approval of the update in spring of 2014.
EPA Obtains Warrant to Address Over 1000 Drums and Containers at New Jersey Facility
Many of the drums are leaking their contents onto the ground and are exposed to wind and rain. The EPA and the NJDEP are currently investigating the drums and containers at the site under a warrant that was previously issued by a federal judge when the facility owner refused to give the EPA access to the facility. The EPA is working with Elk Township, the local fire and police departments and the NJDEP on the investigation and cleanup of the facility.
“This facility contains a large number of barrels that need to be addressed. The EPA intends to do everything necessary to ensure that hazardous materials at the facility do not harm the public,” said Judith A. Enck, EPA Regional Administrator. "The EPA’s top priority is preventing a release, fire or explosion that could endanger the community or pollute the environment.”
On August 29, 2013, the EPA was asked by the NJDEP to evaluate the facility and take appropriate actions to remove any threat posed by substances in the drums and other containers. The EPA is currently evaluating what substances are present in the drums and containers and assessing whether they could cause a chemical release or fire. The site is partially in a federally protected wetland.
“Conditions at this facility are inexcusable,” New Jersey Department of Environmental Protection Commissioner Bob Martin said. “The DEP will continue to work with the Environmental Protection Agency on the categorization and safe removal of these materials, as well as soil testing and monitoring to ensure the environment and public health are protected. We will also support any legal or enforcement actions deemed necessary to restore this site and protect the public.”
The EPA began its investigation on August 30, 2013. Field tests indicate that some drums contain hazardous materials, including corrosive and flammable chemicals. Exposure to these pollutants can have serious health effects. Benzene is known to cause cancer and lead is a toxic metal that is especially dangerous to children because their growing bodies can absorb more of it than adults. Lead in children can result in I.Q. deficiencies, reading and learning disabilities, reduced attention spans, hyperactivity and other behavioral problems.
The EPA is continuing to sample the contents of containers and drums at the site. The first set of final laboratory data is expected in the next few weeks. The EPA has secured the facility by installing fencing, warning signs, and round the clock surveillance.
Once it completes its investigation, the EPA will work with state and local agencies to take appropriate steps to remove the hazardous waste and protect the public. The EPA is monitoring the air near the work areas. The EPA will secure the materials and make arrangements for their transport and proper disposal out of the area. Prior to removal of any of the hazardous materials, the EPA will develop a contingency plan to ensure that the removal of the chemicals is done safely. Fire department and hazardous materials response teams will be consulted and prepared to respond to the site if necessary. Throughout the cleanup, the municipal government and local community will be kept informed.
California and Quebec Sign Agreement to Integrate, Harmonize Cap-and-Trade Programs
California and Quebec took another step toward linking their cap and trade programs when representatives of the two jurisdictions signed an agreement outlining steps and procedures to fully harmonize and integrate the two programs.
Signing for Quebec were the Minister of International Relations, La Francophonie and External Trade, Jean-Fran?ois Lis?e and the Minister of Sustainable Development, Environment, Wildlife and Parks, Yves-Fran?ois Blanchet.
Signing the agreement is the latest step in a process to link the two jurisdictions that began more than five years ago. It will be followed in November by a report to the California Environmental Protection Agency and Governor Brown on the progress toward linking. In December 2012, the Government of Quebec adopted a regulation providing for linkage between the two programs. In April 2013 the Air Resources Board adopted a regulation setting January 1, 2014, as the start of the linkage, which will enable carbon allowances and offset credits to be exchanged between participants in the two jurisdictions’ programs.
“For more than five years, California and Quebec, along with other states of the United States and provinces of Canada, have worked together to address the risks of man-made climate change,” said Nichols. “We have created and are now implementing the most advanced and comprehensive programs to reduce the pollution that threatens our global environment.”
"The collaboration between Quebec and California in the development of a carbon market on a continental scale is an excellent example of North American regional cooperation that is beneficial to all partners, both from an economic and an environmental perspective. As leaders in the fight against climate change, California and Quebec advantageously position their businesses involved in the research and development of new clean technologies on the world stage. We seek nothing less than to become an international reference on this issue," said Minister Lis?e.
“Through this agreement, we continue our positive working relationship and the process of integrating our programs,” said Secretary of the California Environmental Protection Agency Matthew Rodriquez. “In doing so, we enhance the benefits to each of our peoples and our history of effective cooperation to achieve a shared goal will provide a model for others to emulate, not only in North America, but throughout the world.”
"The sale of emission allowances will generate at least $2.5 billion in revenue by 2020 in Quebec. These funds will be fully reinvested in initiatives to fight climate change, including facilitating the conversion to renewable energy, promoting energy efficiency, improving industrial processes, and preparing Quebec society to adapt to the impacts of climate change. The electrification of transportation is another major project on which our government will labor over the coming months," said Minister Blanchet.
The linked programs will provide a working model for other states and provinces that are seeking cost-effective approaches to reducing their GHG emissions. The recent announcement by the US EPA regarding limits on GHG emissions from power plants, for example, could lead to state-by-state caps and a system that would allow them to trade credits with other similar programs. The California-Quebec arrangement could be the template for that effort.
California Energy Commission Seeks Public Comment on Draft Guidelines for School Energy Projects
The California Energy Commission is hosting a series of public meetings to present draft guidelines and receive comments about the California Clean Energy Jobs Act (Proposition 39).
Passed by voters in November 2012, Proposition 39 makes changes to corporate income taxes and provides up to $550 million to improve the energy efficiency of California’s aging schools and grow the state’s significant clean energy economy. California public schools (K-12), county offices of education, community college districts, charter schools, and state special schools may receive funding for five fiscal years starting with the 2013-14 fiscal year.
As schools and community colleges begin the process of identifying energy needs, Energy Commission staff will explain the preliminary guidelines and funding allocations for eligible educational organizations. Five public meetings and three webinars will be held across the state. The public is invited to participate and provide input. The final Proposition 39 guidelines will be approved at an Energy Commission business meeting in December 2013.
Public comments submitted via email should include docket number 13-CCEJA-1 and indicate “Comments on Proposition 39” in the subject line.
City of Tacoma Settles with EPA for Violating Federal Rules on PCBs in Used Oil
“Simple testing for PCBs before shipping used oil off-site helps protect people and the environment and prevents contamination of oil that can otherwise be recycled and reused.”
According to EPA, the City of Tacoma shipped 750 gallons of used oil contaminated with PCBs from the City’s landfill to Emerald Services, an oil recycling and reuse company. The City did not know that the used oil was contaminated with PCBs before they shipped the oil. Emerald Services found the problem during their routine oil testing and was able to trace the PCB-contaminated oil to the City’s shipment.
EPA discovered the violations when Emerald Services provided a waste report to EPA, as required by federal regulations, describing the PCB waste. The City’s oil shipment resulted in the PCB contamination of approximately 8,250 gallons of used oil at Emerald Services. Under federal rules, Emerald Services could not recycle the PCB-contaminated oil, and instead was required to dispose of the used oil as hazardous waste.
To settle the violations, the City of Tacoma has agreed to pay a $40,000 federal penalty.
PCBs are chemicals used in paints, industrial equipment, and cooling oil for electrical transformers. More than 1.5 billion pounds of PCBs were manufactured in the US before EPA banned their production in 1978, and many PCB-containing materials are still in use today.
When released into the environment, PCBs remain for decades. Tests have shown that PCBs cause cancer in animals and are suspected carcinogens in humans.
Kick-off of Major Energy Efficiency Project at Connecticut Valley Hospital
The Department of Mental Health and Addiction Services has selected NORESCO to lead the implementation of an approximately $30 million energy make-over at Connecticut Valley Hospital (CVH), located in Middletown, the first project selected under an innovative new program designed to reduce costs through energy efficiency at state and municipal buildings.
The comprehensive energy retrofits, to be paid for through future guaranteed energy savings, will bring much-needed and highly efficient energy systems and equipment to the CVH campus, which first opened its doors in 1868 and where operations are constantly challenged by aging infrastructure.
This is the first project out of the gate under Connecticut’s new standardized energy savings performance contracting program, that allows state agencies and municipalities to enter into performance contracting agreements with energy service companies. These contracts enable agencies and municipalities to upgrade facilities and reduce energy costs, while creating jobs and driving investment in Connecticut’s economy. The program has a number of support mechanisms—like pre-approved contractors, on-call advisors, standardized contract templates, and targeted financial assistance—which will help ensure a streamlined approach and successful projects.
An energy savings performance contract is a tool that state agencies and municipalities can use to perform energy efficiency upgrades on their buildings with no up-front costs. The costs of the efficiency upgrades are paid for through guaranteed savings on future energy bills.
The CVH project will include approximately $30 million in energy efficiency upgrades. The staff at the Department of Mental Health and Addiction Services at the hospital will work closely with the Department of Energy and Environmental Protection, the Office of Policy Management, and the Clean Energy Finance and Investment Authority to secure private financing to provide the limited amount of upfront capital needed for the project.
“This performance contracting project at Connecticut Valley Hospital showcases yet another innovative program the state is using to meet our objectives for Connecticut’s cheaper, cleaner, and more reliable energy future,” said Governor Dannel P. Malloy. “This program supports our push to be better stewards of taxpayer dollars and also moves us closer to the goal of leading the nation in energy efficiency.”
Malloy’s budget secretary Ben Barnes said, “The State’s new standardized performance contracting program is an excellent example of how we can leverage private capital to advance our energy agenda. Through these contracts, state and local governments will immediately realize tremendous savings from energy efficiency projects without having to spend scarce dollars and then wait for the payback period.”
Department of Administrative Services Commissioner Don DeFronzo said, “We look forward to supporting this project and others through a truly collaborative effort among state agencies. Performance contracting offers an enormous opportunity for the state and its municipalities to modernize our building stock and save money while doing so.”
“We are delighted to be leading by example in reducing energy use and costs,” said Patricia Rehmer, Commissioner of the Department of Mental Health and Addiction Services. “This performance contracting project offers a means for us to realize much-needed infrastructure improvements that will significantly increase efficiency, reduce operating and maintenance costs, and improve the living environment for our patients. We look forward to working with NORESCO to achieve these savings and benefits.”
“The Lead By Example program and the Performance Contracting approach will help our state and local governments achieve huge savings in the cost of heating and lighting facilities,” said Daniel C. Esty, Commissioner of DEEP. “This is a real benefit to taxpayer and sets an example of the value and benefits of efficiency that will encourage residents and businesses in our state to take example of the many programs available to help them achieve similar gains.”
Energy savings performance contracting is a $4.1 billion annual market nationally, according to research by the Lawrence Berkeley National Laboratory. The performance contracting framework has been used successfully across the country for over three decades. In order to boost activity in Connecticut, the State has pre-qualified twelve energy services companies to implement projects under the new standardized program. NORESCO, one of the pre-qualified companies on state contract, was selected for the Connecticut Valley Hospital Project after reviewing proposals and interviewing a number of companies.
Asbestos Violations Results in $20,725 Penalty for New Hampshire-Based Realty Trust
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $20,725 penalty to Arraho Realty Trust of Nashua, New Hampshire for failing to follow asbestos removal procedures required by MassDEP regulations on a project in Auburn.
During a February 2011 inspection, MassDEP inspectors observed asbestos-containing siding shingles being improperly removed from a vacant residential structure located on Perry Street in Auburn. The shingles were being removed without any attempt to minimize breakage or to carefully lower them to the ground. During the inspection, MassDEP observed numerous dry, shattered asbestos-containing shingles uncontained on the ground
MassDEP regulations require asbestos-containing siding shingles to be removed wet, with adequate precautions taken to minimize breakage, carefully lowering them to the ground and sealing the asbestos waste while wet into leak-tight containers that have appropriate asbestos warning labels affixed to them. These work procedures, which were not being followed, are critical measures designed to prevent a release of asbestos fibers to the environment, to protect building occupants and the general public from exposure to asbestos fibers and to preclude other parts of the building from becoming contaminated.
Under the terms of a negotiated settlement, the company must pay $6,500 of the assessed penalty, and MassDEP has agreed to suspend the remaining $14,225 provided that the Trust does not have repeat violations for one year.
"Property owners should either hire licensed asbestos contractors for this type of work or comply with the removal, handling, packaging and storage requirements that must be followed when dealing with asbestos-containing siding themselves," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "Asbestos is a known carcinogen and following prescribed regulatory work practices is imperative to protect the health of workers and the general public, as well as the environment. Failure to do so will result in penalties, as well as escalated cleanup, decontamination and monitoring costs."
Property owners or contractors with questions about asbestos-containing materials, notification requirements, proper removal, handling, packaging, storage and disposal procedures or the asbestos regulations are encouraged to contact the appropriate MassDEP Regional Office for assistance.
Massachusetts Institute of Technology Penalized $15,000 for Air Quality Violations
The Massachusetts Department of Environmental Protection (MassDEP) penalized the Massachusetts Institute of Technology (MIT) $15,000 for air quality violations that occurred during 2010 and 2011. The violations were discovered after MassDEP reviewed reports submitted by MIT in 2012 and after MassDEP inspected MIT's central utility plant on Vassar Street in Cambridge, which houses boilers, a combustion turbine and an emergency generator; and conducted campus-wide inspections of emergency generators and boilers, focusing on their locations, exhaust stacks, and emission records.
The air violations at the central utility plant included: excess opacity (visible emissions); excess carbon monoxide emissions; excessive down-time for its continuous emission monitoring system (CEMS) for carbon monoxide; excessive down-time for its opacity analyzer; and excessive downtime for its CEMS for nitrogen oxides, a contributor to ground-level ozone.
"The inability to adequately monitor the facility's air quality emissions, in a manner that is consistent with its operating permit, is unacceptable," said Eric Worrall, acting Regional Director of MassDEP's Northeast Regional Office in Wilmington.
In addition to the penalty, MIT has agreed to establish within 60 days a plan to implement a training program for all personnel involved with the CEMSs and Continuous Opacity Monitoring Systems that will also include refresher training sessions occurring at least twice a year.
Further, MIT by December 31, 2013, will have upgraded the exhaust stacks for the existing natural gas boilers and emergency diesel engine/generator sets cited in the violations. The exact physical modification for each exhaust stack will be based on ongoing evaluation and will include one or more of the following: increasing stack height; modifying the exhaust stack to vent vertically; removing existing rain caps on the exhaust stacks where appropriate; and, installing active particulate matter filters on the diesel engines where appropriate.
Finally, by March 31, 2014, MIT will have either installed an active particulate matter filter on a previously installed diesel generator or permanently removed this generator from service.
Seacoast Marina Penalized $50,000 for Violating Fuel Safety Regulations
Attorney General Joseph A. Foster and New Hampshire Department of Environmental Services Commissioner Thomas S. Burack announced recently that the Rockingham County Superior Court approved a settlement between the State and the defendants, Pier People, LLC, and Spenser Epperson, for violations associated with Pier People's underground storage tank (UST) system and fueling operations. The violations occurred at the Wentworth by the Sea Marina in Newcastle. The settlement assesses a penalty of $50,000. Of this total amount, $15,000 will be permanently suspended provided the marina has no further violations.
The State alleged that the defendants unlawfully altered their UST system to engage in "fast fueling." To accommodate "fast fueling," the defendants altered the pipes leading from the UST to boats docking at the marina to accommodate additional fuel dispensed directly from a fuel truck. The combined capacity of the UST and the fuel truck allowed boats to be fueled more quickly; however, the alterations effectively bypassed some of the required safety systems, thus increasing the risk of uncontrolled releases of petroleum to the State's waters. Pier People, LLC, admits that it committed the violations but disputes the State's facts, claiming that the violations resulted from miscommunication. DES had previously emailed the defendants stating that the UST alterations were in "direct violation of New Hampshire regulations."
No fuel was spilled at the marina as a result of the "fast fueling" alterations, and the evidence indicates that actual fueling may only have occurred once using that system. Nevertheless, Attorney General Foster stated, "We cannot put human health and the environment at risk. We are fortunate that nothing was spilled this time and we are going to make sure that this type of behavior does not occur in the future at this or any other facility in New Hampshire." DES Commissioner Tom Burack stated, "DES encourages all fueling system operators to review their setups to ensure that they fully comply with all existing regulatory standards, and to consult with DES prior to undertaking any fueling system modifications in the future. DES is committed to working closely with fuel system operators to help ensure that they can operate their systems to meet their customers' needs while also protecting the environment and public health and safety."
Washington Proposes Repealing Two Chapters of Obsolete Low Level Radioactive Waste Rule
The Department of Ecology (Ecology) is in the process of repealing two chapters of a rule that Ecology no longer has the authority to implement. The rule regards the permitting of a commercial low-level radioactive waste disposal facility. The facility, commonly known as US Ecology, is located just north of Richland.
The authority to implement the Site Use Permit Program was transferred from Ecology to the Washington Department of Health in July 2012 by legislative action. Ecology is using the state's expedited rule process to repeal the old chapters. The department did not repeal the chapters last year, waiting until the new rule took full effect in September 2013.
"Ecology is conducting this action to conform to state law and to help eliminate possible confusion over obsolete rules," said Larry Goldstein, a section manager with Ecology’s Nuclear Waste Program. "Once we’re done, all our rules will be consistent and in uniformity with state laws already in effect."
The two chapters of the Washington Administrative Code (WAC) rule being repealed are:
- Chapter 173-325 WAC, Low-Level Radioactive Waste Disposal
- Chapter 173-326 WAC, Commercial Low-Level Radioactive Waste Disposal Site Use Permits
Under the expedited rule-making process, written objections regarding the rule-making process must be submitted by December 2, 2013 to Bari Schreiner, Ecology Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, or via Fax to 360-407-6989
Washington State Updates Clean Air Plan and Rules for Wood Stoves
The Department of Ecology (Ecology) is updating the statewide rule and plan for solid-fuel burning devices like wood stoves, fireplaces, pellet stoves, and masonry heaters.
The updates reflect recent changes to state law, meet federal requirements from the EPA, and will help improve air quality.
Washington’s clean air rules govern how air pollution is managed. Ecology incorporates many of these rules into a federally required statewide plan for meeting clean air standards.
The proposed changes will:
- Adjust the threshold for calling burn bans in at-risk areas for "nonattainment"
- Meet EPA requirements
- Help improve air quality in areas affected by wood stove pollution
- Include "housekeeping" changes identified through the update process
Air pollution managers will use the updates to help reduce levels of fine-particle pollution in all areas of the state. The updates also will support efforts to help the city of Tacoma and a portion of Pierce County continue to meet national clean air standards.
Ecology and Washington clean air agencies have been conducting burn ban programs consistent with the legislative changes in order to meet clean air goals, although Ecology’s current rule is outdated.
Ecology will hold two consecutive public hearings, one for the rule update and one for the plan update. The hearings begin at 7 p.m. on November 7. Participants can attend in person at Ecology’s Lacey headquarters building, 300 Desmond Drive SE (map) or through a webinar.
Environmental News Links
Trivia Question of the Week
Which source of electricity does not rely on water?
a) Coal
b) Nuclear power
c) Natural gas
d) None of the above
