The Drug Enforcement Administration (DEA) and government, community, public health, and law enforcement partners has announced a nationwide prescription drug take back initiative that seeks to prevent increased pill abuse and theft. DEA will be collecting potentially dangerous expired, unused, and unwanted prescription drugs for destruction at sites nationwide on Saturday, September 25th from 10 a.m. to 2 p.m. local time. The service is free and anonymous, no questions asked.
This initiative addresses a vital public safety and public health issue. Many Americans are not aware that medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are increasing at alarming rates, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, many Americans do not know how to properly dispose of their unused medicine, often flushing them down the toilet or throwing them away—both potential safety and health hazards.
“Today we are launching a first-ever National Prescription Drug Take-Back campaign that will provide a safe way for Americans to dispose of their unwanted prescription drugs,” said Michele M. Leonhart, Acting Administrator of the Drug Enforcement Administration. “This effort symbolizes DEA’s commitment to halting the disturbing rise in addiction caused by their misuse and abuse. Working together with our state and local partners, the medical community, anti-drug coalitions, and a concerned public, we will eliminate a major source of abused prescription drugs, and reduce the hazard they pose to our families and communities in a safe, legal, and environmentally sound way.”
“With this National Prescription Drug Take-Back campaign, we are aggressively reaching out to individuals to encourage them to rid their households of unused prescription drugs that pose a safety hazard and can contribute to prescription drug abuse,” said Acting Deputy Attorney General Gary G. Grindler. “The Department of Justice is committed to doing everything we can to make our communities safer, and this initiative represents a new front in our efforts.”
“Prescription drug abuse is the Nation’s fastest-growing drug problem, and take-back events like this one are an indispensable tool for reducing the threat that the diversion and abuse of these drugs pose to public health,” said Director of National Drug Control Policy Gil Kerlikowske. “The Federal/state/and local collaboration represented in this initiative is key in our national efforts to reduce pharmaceutical drug diversion and abuse.”
This site will be continuously updated with new take-back locations. Other participants in this initiative include the White House Office of National Drug Control Policy; the Partnership for a Drug-Free America; the International Association of Chiefs of Police; the National Association of Attorneys General; the National Association of Boards of Pharmacy; the Federation of State Medical Boards; and the National District Attorneys Association.
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Car or Airplane: What Increases Global Temperatures More?
Driving a car increases global temperatures in the long run more than making the same long-distance journey by air according to a new study. However, in the short run travelling by air has a larger adverse climate impact because airplanes strongly affect short-lived warming processes at high altitudes.
In the study, Jens Borken-Kleefeld and colleagues compare the impacts on global warming of different means of transport. The researchers use, for the first time, a suite of climate chemistry models to consider the climate effects of all long- and short-lived gases, aerosols and cloud effects, not just carbon dioxide, resulting from transport worldwide. They concluded that in the long run the global temperature increase from a car trip will be on average higher than from a plane journey of the same distance. However, in the first years after the journey, air travel increases global temperatures four times more than car travel. Passenger trains and buses cause four to five times less impact than automobile travel for every mile a passenger travels. The findings prove robust despite the scientific uncertainties in understanding the earth’s climate system.
“As planes fly at high altitudes, their impact on ozone and clouds is disproportionately high, though short lived. Although the exact magnitude is uncertain, the net effect is a strong, short-term, temperature increase,” explains Dr Jens Borken-Kleefeld, lead author of the study. “Car travel emits more carbon dioxide than air travel per passenger mile. As carbon dioxide remains in the atmosphere longer than the other gases, cars have a more harmful impact on climate change in the long term.”
Connecticut Revises Storm Water General Permit for Industrial Sites
To achieve greater consistency with EPA requirements, the Connecticut Department of Environmental Protection (DEP) has revised the requirements for management of storm water runoff from industrial sites under its General Permit program.
“The revised General Permit addresses EPA’s concerns and the growing awareness within Connecticut that contaminants in storm water runoff impact the quality of our lakes, rivers, and streams,” said DEP Commissioner Amey Marrella. “In developing the revised General Permit, DEP staff worked with both the regulated community and environmental advocates to identify cost-effective steps to monitor and manage storm water runoff at industrial sites.”
Curt Spalding, regional administrator of EPA’s New England office, said, “Across New England, EPA is increasingly focused on reducing the amount of pollutants which are carried in storm water into our rivers, lakes and other water bodies. Addressing pollution in storm water will help Connecticut to better meet the requirements of the federal Clean Water Act, thus helping to ensure a healthy environment. Cleaning our waters and keeping them clean means addressing not only major stationary sources, but also nonpoint sources like storm water.”
The revised industrial storm water General Permit is scheduled to go into effect October 1, 2011. DEP is in the process of reissuing the existing General Permit so that it will remain in effect until that date. Industrial facilities will automatically remain registered under the existing General Permit once it is reissued. All industrial facilities are required to register for the revised permit by June 1, 2011. This date was proposed by industry stakeholders as a timeframe by which permittees can meet the program requirements. To provide compliance assistance to permittees, DEP will conduct outreach on new permit requirements in the fall of 2010.
There are currently about 1,500 sites registered for an industrial storm water General Permit.
DEP uses both individual and general permits to regulate activities. Individual permits are issued directly to an applicant for a site specific activity—such as a water discharge. General permits are issued to streamline the permitting of a category—such as discharging storm water—which exists at many sites.
Under the General Permit program for storm water discharges, industrial facilities are required to “register” for the General Permit by submitting a registration form, and preparing and implementing a Pollution Prevention Plan (PPP). The plan must include information about the site, an inventory of exposed materials, a summary of potential pollutants, a description of and schedule for implementation of storm water control methods, storm water monitoring, and site inspection.
The most significant new requirements of the General Permit for management of storm water at industrial sites include:
Sectors
While provisions of the General Permit apply to all sites, there are now additional sector-specific requirements for monitoring and controlling contaminants that are likely to be present at specific types of industries. The sectors are: asphalt plants; non-metallic mines and quarries; refuse systems; auto salvage yards; scrap recycling facilities; steam electric power facilities; transportation and public works facilities; marinas and yacht clubs and boat dealers; ship and boat building and repair; and small scale composting facilities. This approach is more consistent with EPA’s specific sector-based permit requirements.
Monitoring
The revised permit requires all permittees to conduct visual monitoring of storm water discharges on a quarterly basis and sampling and testing of storm water for 10 common parameters on a semi-annual basis—as opposed to the current annual requirement. In addition to these standard requirements, the 10 industry sectors listed above have additional parameters that are specific to the industry type, which must be sampled. This monitoring is necessary to determine the quality of the storm water discharge and to determine if the control measures used at a site are adequate. One cost-effective change to the revised permit allows for a reduction in continued monitoring requirements for any parameter demonstrated to meet established benchmarks.
Impaired waters
The revised permit includes specific requirements for discharges to impaired waters. For existing discharges, a permittee will monitor annually for the pollutant(s) associated with the water impairment. In certain cases, a permittee will have to install additional site controls to improve storm water quality so that the impaired water quality can be improved. New discharges to impaired water will be authorized if the storm water discharge doesn’t contain the pollutant(s) of concern, or if the site prevents the exposure of the pollutant(s) of concern to storm water. However, if the pollutant(s) are present onsite and exposed to storm water, the registrant must demonstrate that the discharge meets requirements in place to meet water quality before the discharge can occur.
Public Notice
The General Permit creates expanded opportunities for public comment and access to information about pending registrations. PPPs can also be reviewed, with the exception of elements that are trade secrets or otherwise exempt from the disclosure requirements of the state Freedom of Information Act. These steps are in keeping with court rulings that determined opportunities for public access and comment are required under the federal Clean Water Act.
Washington Adopts Changes to Storm Water Permit that Covers the State’s Most Populated Areas
After a public process, the Washington Department of Ecology (Ecology) has adopted changes to the state’s Phase 1 Municipal Storm Water Permit.
The permit guides municipalities in the state’s most populated areas to protect downstream waters from polluted runoff—the number one pollution threat to the state’s urban waters, and notably Puget Sound.
The changes incorporate Ecology’s determination that Clark County’s Alternative Flow Control Program provides an equivalent environmental benefit. Changes also incorporate minor updates to King County and the city of Seattle equivalency documents.
The state issued the Phase 1 Municipal Stormwater General Permit in January 2007 and modified it in June 2009.
Michigan, Wisconsin Combine Efforts on Climate Change Issues
The states of Michigan and Wisconsin have agreed to work together to reduce greenhouse gas emissions and determine the best strategies to adapt to climate change. Michigan Department of Natural Resources and Environment Director Rebecca A. Humphries and Wisconsin Department of Natural Resources Secretary Matthew J. Frank recently signed a Memorandum of Understanding, outlining the importance of coordinating efforts and sharing information.
The agreement recognizes “the vital importance of the health and quality of the Great Lakes ecosystem, including the natural, physical and economic welfare of all of our citizens” and takes into account social, economic and governmental activities at the state and regional levels.
“As we move forward in addressing how climate change will impact our natural resources and environment, it is important that we recognize that these impacts are shared regionally,” said Humphries. “By coordinating efforts with Wisconsin, we can be even more informed of how the Great Lakes watershed will be affected by climate change.”
The states have agreed to exchange information and data; enhance coordination and cooperation along state borders, within watersheds and the Great Lakes; communicate opportunities for joint projects and programs; share research results; provide technical assistance for environmental and engineering evaluations; and propose action plans and explore funding options to address global warming and climate change adaptations.
The states are hopeful that the agreement will serve as a template for additional cooperation with other states, tribes, and municipalities.
New Jersey Adopts Tough Rules on Sulfur in Fuel Oil
New Jersey Department of Environmental Protection (DEP) Commissioner Bob Martin has announced that the state is adopting rules requiring significant reductions in sulfur content for home heating oil and other types of fuel oil used in the state. According to the DEP, the rules give refiners and distributors ample time to make preparations for the tougher standards and prevent potential price spikes for consumers.
“This rule is an important component of New Jersey’s plan to reduce air pollution and improve public health and welfare, which are priorities of the DEP, ‘‘ said Commissioner Martin. “This will markedly reduce sulfur dioxide, particulate and nitrogen oxide emissions, making New Jersey a much healthier place to live.
“At the same time, we have provided a strict but reasonable time frame to allow industry to be able to install new equipment and prepare to meet these new standards. This is a win for all sides.’’
A new maximum sulfur content standard of 500 parts per million (ppm) for home heating oil and lighter grade fuel oil will take effect on July 1, 2014, and a second phase of more stringent standards to reduce sulfur to 15 ppm will take effect on July 1, 2016. That is down from current maximums of 2,000 to 3,000 ppm.
By providing almost 6 years to phase in the 15 ppm sulfur limit, New Jersey is ensuring the refining industry has enough time to make the needed changes without causing disruption in the fuel supply or spikes in prices.
In moving to adopt tougher sulfur standards, New Jersey joins an effort undertaken by many other Mid-Atlantic and Northeast states in a regional strategy to reduce air pollution, said Commissioner Martin. New York, Connecticut, and Maine recently passed legislation mandating a 15 ppm home heating oil standards, while Massachusetts, Pennsylvania, Maryland, New Hampshire, Vermont, Delaware, Rhode Island, and the District of Columbia also are considering sulfur reductions.
Sulfur dioxide, which is formed from burning fuel containing sulfur, plays a major role in fine particulate formation, acid rain and reduced visibility. Regional strategies to reduce these emissions are important because air pollution is carried across state borders by the wind, the Commissioner noted.
The new rules will affect refineries, fuel oil storage facilities, fuel oil distributors, and fuel oil users, including commercial, industrial, and residential users. The rules will not apply to on- and -off-road diesel fuel, which is regulated by the federal government.
Under the State’s new rules, home heating oil must be as clean as ultra low sulfur diesel fuel (ULSD) currently available for diesel vehicles. This also will make home heating oil as clean as natural gas and enable the use of high efficiency condensing furnaces, which can significantly reduce oil use by about 10%, saving money for persons who buy such furnaces.
Also, the cleaner fuel will result in less frequent cleaning and maintenance on oil furnaces, saving money for all users of heating oil. Over time these savings will more than offset the potential increased cost to produce the lower sulfur heating oil, which is expected to be less than 9 cents per gallon.
The DEP’s amendment to sulfur content standards came after a series of public meetings held over the past five years. The Department declined some industry requests to lower sulfur standards to just 500 ppm or 50 ppm, but opted for the stricter 15 ppm standard that is being adopted.
The tougher sulfur rules will help New Jersey meet the National Ambient Air Quality Standards for fine particles, sulfur dioxide, and ozone. They also will help the State meet improved visibility goals of the Mid-Atlantic and Northeast Visibility Union, of which New Jersey is a member.
The amended sulfur rules will be published in the New Jersey Register on September 20.
Missouri Air Conservation Commission Refers Two Cases to Attorney General for Enforcement Action
The Missouri Department of Natural Resources and the Missouri Air Conservation Commission has referred two cases to the Missouri Attorney General’s Office to pursue legal action for violations of Missouri’s Air Conservation Law. The commission, at its August 26 meeting in West Plains, voted to refer the cases to the attorney general’s office to compel compliance and to seek an appropriate civil penalty for the violations.
The following entities refused to take appropriate responsibility for their violations and would not negotiate reasonable settlements with the department. The department had no recourse but to ask the attorney general to take legal action against the violators:
- Kenneth Hall, West Plains—Violated Missouri’s open burning restrictions by burning scrap tires. A notice of violation was issued June 25. Hall has had previous compliance issues with the department, including a notice of violation issued in 2009 for the illegal dumping and burning of scrap tires.
- Steve Turner, Waverly—Failed to have a Missouri certified asbestos building inspector perform an asbestos building inspection and failed to provide a demolition notification to the department prior to the demolition of a Lexington building. Turner was the contractor for the demolition. A notice of violation was issued to Turner on March 17.
In each of the cases, the department contacted the residents or business owners multiple times, but has not received an adequate response.
New Report Warns of Expanding Threat of Hypoxia in U. S. Coastal Waters
A report issued by four environmental and scientific federal agencies assesses the increasing prevalence of low-oxygen dead zones in U.S. coastal waters and outlines a series of research and policy steps that could help reverse the decades-long trend.
Incidents of hypoxia were documented in nearly 50% of the 647 waterways assessed for the new report, including the Gulf of Mexico, home to one of the largest such zones in the world.
The impact of the BP Deepwater Horizon oil spill on oxygen levels in the Gulf of Mexico was not considered in this report because the spill had not yet occurred at the time the report was completed. Only additional research will reveal how the presence of oil in the Gulf is affecting the large dead zone that forms every summer to the west of the Mississippi delta), the more than 100 other independent sites along the Gulf of Mexico coast that experience low-oxygen problems, and areas of naturally-occurring deepwater oxygen depletion.
Federal research programs are addressing many aspects of the problem of hypoxia, and coordination among the relevant governmental entities is increasing, the report finds; as a result, some areas are now in better condition than they were a few decades ago. But overall, management efforts to stem the tide of hypoxia “have not made significant headway,” the report concludes, in part due to increased development and population growth in coastal watersheds.
“The Nation’s coastal waters are vital to our quality of life, our culture, and the economy. Therefore, it is imperative that we move forward to better understand and prevent hypoxic events, which threaten all our coasts,” wrote Nancy H. Sutley, chair of the Council on Environmental Quality, and John P. Holdren, Director of the Office of Science and Technology Policy, in a letter accompanying the 163-page report, Scientific Assessment of Hypoxia in U.S. Coastal Waters, which was delivered to Congressional leaders.
Unnatural levels of hypoxia, which occur mostly in the summer, are primarily the result of human activities that deliver nutrients such as nitrogen and phosphorous into waterways. Fertilizer runoff from agricultural, urban and suburban landscapes, sewage discharges, and air pollution are major contributors. The supply of added nutrients entering bodies of water supports blooms of algae, which in turn are decomposed by oxygen-depleting bacteria. The resulting hypoxia can suffocate animals that cannot move away, such as shellfish, and—depending on how quickly the hypoxia develops—either kill or force into less suitable habitat free-swimming animals such as fish, shrimp, and crabs. The new report, produced by an interagency working group of the National Science and Technology Council’s Committee on Environmental and Natural Resources, also notes that climate change may be causing or exacerbating the problem.
Hypoxia has been prevalent throughout the Gulf of Mexico and the mid- and south-Atlantic coastal regions since the 1980s. Chesapeake Bay, in the mid-Atlantic region, has suffered from repeated summer bouts of hypoxia going back at least to the 1950s.
“The report shows good progress on research into the causes of hypoxia and the specific management requirements to restore systems such as the Gulf of Mexico and Chesapeake Bay, but we still have a long way to go to reduce this environmental threat,” noted Jane Lubchenco, Ph.D., administrator of the National Oceanic and Atmospheric Administration (NOAA), the lead agency involved in the report’s preparation. “The discovery of a new seasonal hypoxic zone off the coast of Oregon and Washington that may be linked to a changing climate emphasizes the complexity of this issue.”
The area off the Oregon and Washington coast is now the second largest seasonal hypoxic zone in the United States and third largest in the world (the largest is in the Baltic Sea), with serious repercussions for natural ecosystems and protected resources, including commercial fisheries. The report also finds that the Pacific and North Atlantic coasts have experienced the largest increase in hypoxic sites since the 1980s. In the last 20 years, the Pacific coast experienced a six-fold increase in the number of hypoxic sites, with 37 areas now experiencing low oxygen problems.
“This report contains the latest and most in-depth science assessing the environmental impact of low-oxygen dead zones, and EPA is proud to have played a key role in developing the study,” said EPA Administrator Lisa P. Jackson. “These growing dead zones endanger fragile ecosystems and potentially jeopardize billions of dollars in economic activity. This science can be the foundation for measures that will preserve our waters and reverse the trend, including innovative, watershed-based solutions to this challenge.”
The report also documents expanding efforts to reduce the flow of nutrients into coastal waters. “The Obama Administration has taken aggressive action to address water quality in the Mississippi River Basin and in turn, in the Gulf of Mexico,” said USDA Secretary Tom Vilsack. “For instance, USDA’s new Mississippi River Basin Healthy Waters Initiative is a targeted, science-based effort to give agricultural producers the tools and incentives they need to improve water quality.”
The report had significant inputs from the EPA, Department of Agriculture (USDA), U.S. Geological Survey (USGS), and the Virginia Institute of Marine Science. It provides a comprehensive list of the more than 300 U.S. coastal water bodies affected by hypoxia and, in eight case studies, highlights a range of representative ecosystems affected by hypoxia. It also describes Federal investments in research and monitoring of hypoxia and identifies future research priorities that span several Federal agencies.
“Significant progress has been made on monitoring to define the source areas and yields of nutrients delivered to coastal waters by streams and rivers and on modeling to determine the human activities that are the most significant contributors to those nutrient yields,” said USGS Director Marcia K. McNutt. “With some improvements this monitoring and modeling information would enable best management practices and mitigation measures to be targeted in the watersheds and on the human activities that have the most significant effect on decreasing nutrient transfer from land to coastal ecosystems.”
Public Release of the Low Carbon Fuel Standard Reporting Tool for Beta Testing
The California Air Resources Board (ARB) has released a beta-test version of the Reporting Tool for the Low Carbon Fuel Standard (LCFS). The LCFS Reporting Tool (LCFS RT, or LRT) is an online, web-based system designed for use by regulated parties to help meet the reporting requirements under the LCFS.
This version of the system is for testing purposes only and should not be used for official reporting to the ARB. Data collected or submitted through this Test Version will only be used to assess the LCFS RT’s performance as well as inform additional refinements prior to subsequently releasing a version for reporting purposes.
Background:
The ARB adopted the LCFS regulation in November, 2009. It became law on January 12, 2010. The goal of a LCFS is to reduce the carbon intensity of California’s transportation fuels by at least 10% by 2020 thereby reducing emissions of greenhouse gases (GHG). Carbon intensity is a measure of the GHG emissions associated with the combination of all of the steps in the “lifecycle” of a transportation fuel.
The Reporting Tool:
The Reporting Tool will play an important role in the implementation of the LCFS, and the public release of a beta-test version of the tool marks a significant step forward in moving California toward cleaner vehicle fuels.
The system enables regulated parties to store and submit quarterly and annual reports and track the amount of credits/deficits generated for providing a transportation fuel in California. ARB, in collaboration with regulated parties and other stakeholders, has been working on the development and testing of the LCFS RT system for the past year. ARB released the system in August 2010 to a small group of regulated parties for initial user-testing and feedback, which has been instrumental in preparing the system for this public release. Regulated parties are encouraged to fully exercise the test version of the LCFS RT including data entry and batch uploading.
Company Making Fertilizer from Hazardous Waste Ordered to Stop
EPA Region 7 has ordered the owners of a Clark County, Missouri, property, along with an Illinois minerals brokerage firm, and a Missouri company that processes materials at the location, to immediately halt the handling and processing of hazardous materials that have contaminated the property and an adjacent stream.
TNT General Contracting, Inc., of Kahoka, Missouri; Webb Minerals, LLC, of Quincy, Illinois; and the Carl and Carol Trump Trust, of Kahoka, are the respondents of a unilateral administrative order issued by EPA Region 7 in Kansas City, Kansas. The order directs the respondents to take a series of actions in regard to the site, including the development of a plan to clean up the property and any surrounding areas that may be polluted.
“This case was initiated by our partners at the Missouri Department of Natural Resources, who performed an initial inspection for hazardous waste issues at the site, and then returned to collect soil and water samples that confirmed the need for additional action,” EPA Regional Administrator Karl Brooks said. “EPA is well positioned to bring this enforcement action, as it involves parties outside the State of Missouri, and a potentially hazardous situation affecting water quality near the Mississippi River.”
TNT General Contracting uses property owned by the Trump Trust at Rural Route 3, Box 78C, in Kahoka, to blend zinc-bearing materials into zinc fertilizer ingredients for Webb Minerals, according to the order. Webb Minerals owns all of the zinc-bearing materials delivered to the facility, as well as the resulting mixtures processed by TNT General Contracting, and sells the processed mixtures to commercial fertilizer manufacturers for use as nutrient additives to their products.
According to the order, issued under the authority of the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA), some of Webb Minerals’ zinc-bearing materials brought to the facility for processing originate from metal plating and galvanizing operations. Such material often meets the definition of a hazardous waste.
The Missouri Department of Natural Resources (MDNR) inspected the facility for compliance with hazardous waste management practices on March 24, 2010. Based on findings from that inspection, MDNR returned to the facility on June 16, 2010, to collect various environmental samples. Analytical results from the sampling inspection documented water quality violations in an adjacent tributary of Weaver Branch, and the presence of multiple hazardous chemicals in various containers, piles, and surrounding soils on the property.
MDNR’s sampling of water from various locations on the property confirmed the discharge of boron, arsenic, copper, ammonia, zinc, chromium, cobalt, manganese, nickel, selenium, aluminum, barium, cadmium, and 2-Butanone into the Weaver Branch tributary.
Chemicals detected by the MDNR soil sampling included zinc, barium, mercury, nickel, 2-Butanone, tetrahydrofuran, toluene, arsenic, cadmium, chromium, and lead. The inspection noted numerous piles, bags, totes, drums, and other materials stored in an abandoned manner at the facility.
EPA’s administrative order directs the respondents to immediately develop and implement a plan describing the best management practices that will be used to prevent further discharges of pollutants from the facility to Weaver Branch and its tributaries. They must also stop receiving additional hazardous waste at the facility until the materials can be handled in compliance with all state and federal requirements. Additionally, the order requires the respondents to:
- Identify all solid and hazardous wastes currently being treated, stored or disposed at the facility;
- Restrict access to solid and hazardous wastes that have been disposed at the facility;
- Obtain a National Pollutant Discharge Elimination System (NPDES) permit from the State of Missouri;
- Develop a site characterization plan to determine where hazardous wastes have been disposed at the facility, including an investigation to determine the extent of off-site migration of waste; and
- Clean up the property and any contaminated surrounding areas as necessary.
EPA Disapproves Components of TCEQ’s Air Permitting Program
On August 31, EPA disapproved aspects of the Texas Commission on Environmental Quality’s (TCEQ) clean-air permitting program that do not meet federal Clean Air Act (CAA) requirements. EPA sought public comment on its proposed disapproval of “NSR Reform” components of the New Source Review (NSR) program which was published in the Federal Register in September 2009 and considered comments in reaching its final decision.
EPA has been working with the state and interested parties to better align TCEQ’s air permitting program with federal requirements and existing state programs, so that air permitting in the state will better protect air quality for all Texans. TCEQ continues to have the authority to issue permits under prior EPA approval of its 1992 NSR program.
The NSR program is one of the core elements of the federal CAA, and it is implemented in the state by TCEQ. The NSR program requires the best type of pollution control technology, requires permits in order to emit air pollutants, looks at how reducing one form of air pollution can sometimes cause another form of pollution to increase, and provides the state, federal government, and the public the means to know what pollutants are being emitted. Importantly, the NSR program requires that state-of-the art emission control technology is installed at new plants or existing plants that are undergoing a major modification.
EPA determined the revisions proposed by TCEQ’s New Source Review program did not meet federal CAA requirements. One example is the Pollution Control Project Standard Permit revision offered by TCEQ. The permit is designed to streamline permitting of changes within a plant but lacked adequate review of impacts on total air pollution levels should the changes be approved.
The CAA ensures that businesses across the country operate efficiently and cleanly. States have flexibility in carrying out the Act’s requirements, but states must still adhere to standards of public process, transparency, and public health protection.
Under the CAA, all states must develop plans approved by EPA for meeting federal requirements to protect public health. Since EPA approved Texas’ major clean-air permitting plan in 1992, the state has submitted over 30 regulatory changes to the EPA approved plan. This action represents EPA’s commitment to uphold the law and to work to protect public health, while working with permit holders and applicants to obtain the necessary permits they need to comply with the law.
Over the last several months, EPA has worked directly with refiners, utilities, and other businesses seeking to obtain state-issued permits that are consistent with federal requirements. EPA will continue this productive relationship with permit holders. In addition, EPA is continuing productive discussions with TCEQ about several elements of its air permitting program, and the Agency is hopeful that those discussions will result in changes so that the state can operate a permitting program that conforms to legal requirements.
In July 2009, the EPA and the Business Coalition for Clean Air (BCCA) Appeal Group, the Texas Association of Business, and the Texas Oil and Gas Association reached an agreement regarding the timing of federal review of regulatory changes to Texas’ air permitting program. This action is the latest in a series of actions under that agreement.
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Trivia Question of the Week
Approximately what percentage of old electronics are in storage, primarily because of the uncertainty of how to manage, recycle, or dispose of these materials:
a. 7%
b. 17%
c. 47%
d. 75%
