PCBs were used in some caulks throughout the US until they were banned in 1977. PCBs made the caulk sticky and easier to apply to window frames.
These buildings included schools and other public buildings. In a university building where similar levels of PCB were found in caulking material, PCB levels in indoor air ranged from 111 to 393 ng/m3; and in dust taken from the building ventilation system, < 1 ppm to 81 ppm.
The greatest hazard created by the caulk could be in dust. In one building the air sampling was sufficiently high that the EPA mandated removal of the caulk. According to the report, "Buildings that were constructed or refurbished before 1977 may still contain caulking with elevated levels of PCBs. Caulking has been analyzed only rarely for PCB content; therefore, it is poorly recognized as a hazard."
The study said the PCB-laden caulk "may pose a significant public health hazard" and recommended that testing be conducted where it is likely such caulk will be found, along with "comprehensive control" programs to eliminate it.
EPA Extends PAIR Rule Effective Dates
EPA revised the effective date of two rules published in the Federal Register on August 16, 2006 – The Preliminary Assessment Information Reporting Rule (PAIR) and the Health and Safety Data Reporting Rule – because of the relocation of the dockets for these two rules. Structural damage to the EPA Docket Center (EPA/DC) caused by flooding in June necessitated its relocation. Although the EPA/DC is continuing operations, the relocation of EPA/DC and resumption of normal operations has taken place during the period that withdrawal requests for removal of chemicals from these two rules would be arriving; therefore, EPA has decided that the effective dates for these two rules will be revised to ensure that all requests that were submitted to EPA by August 30 for withdrawal of chemicals listed in these two rules have been accounted for and addressed.
New Reportable Quantities
EPA adjusted the RQs for many EPCRA extremely hazardous substances (EHSs) to their threshold planning quantities (TPQs) in a final rule on May 7, 1996 (61 FR 20473). On September 8, 2003, EPA modified the TPQ for IPDI from 100 pounds to 500 pounds (68 FR 52978). However, EPA inadvertently did not make a corresponding RQ adjustment for this substance. Therefore, consistent with the approach described in the May 7, 1996, final rule, EPA is now adjusting the RQ for IPDI from 100 pounds to 500 pounds to ensure the RQ is the same as the TPQ.
This direct final rule will be effective on November 13, unless EPA receives adverse comments by October 11. EPA published a separate proposed rule on September 11 that will serve as the proposal to adjust the RQ for IPDI if adverse comments are filed (71 FR 53354). If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule and address all public comments in a subsequent final rule based on the proposed rule.
Budget Cuts Expected at EPA in 2008
These new cuts are being readied even as Congress is still reviewing administration proposals to reduce EPA spending by a record $100 million in FY 2007.
The June 8 memo from the EPA chief financial officer, Lyons Gray, to agency leadership calls for pinpointing “larger savings” as part of a series of austerities spread over the next 5 years. Slated for presentation to the President’s Office of Management & Budget on September 11, the agency’s fiscal reduction package includes:
- Closure of laboratories: The plan calls for closing 10% of EPA’s network of laboratories and research centers in which much of the agency’s basic and applied science concerning pollution monitoring, toxicological effects and other public health issues is conducted. By 2011, the laboratory network, comprised of approximately 2000 scientists, would shrink by 20%.
- Staff buy-outs: The plan gives EPA regions freer hands to carry out personnel reductions targeted at higher ranking (GS 12 to GS 15) scientists, analysts and managers. These cuts would be in addition to anticipated attrition which should be substantial, with 35% of EPA staff becoming eligible to retire during the next three years.
- Reduced state and tribal oversight: Additional savings would accrue from reducing the “regulatory burden” on, and reporting requirements for, state and tribal environmental agencies.
The memo calls identified reductions “disinvestments” and concedes that they will undoubtedly have “long-term consequences.” Agency budget cuts now being debated in Congress for the fiscal year that begins this October 1 have raised concerns that EPA is already losing its ability to maintain coherent scientific, regulatory or enforcement programs.
“EPA planning is now driven entirely by external fiscal targets without regard to the effects upon public or environmental health,” stated PEER Executive Director Jeff Ruch. “The Bush administration seeks to ‘disinvest’ in environmental science, pollution control and global sustainability.”
Air Cycle Corp Responds to EPA’s Evaluation of Mercury Lamp Drum-Top Crushers
EPA’s Mercury Lamp Drum-Top Crusher Study was released on August 24. Air Cycle’s Bulb Eater® was one of the devices tested in the study (Manufacturer C).
Air Cycle applauds EPA's efforts to encourage the safe handling and recycling of fluorescent bulbs. As the EPA's report notes, "recycling of spent lamps is one of the best ways to control the release of mercury to the environment from land filling of fluorescent lamps, by keeping mercury out of landfills in the first place.”
The purpose of the study was to examine how well the drum-top lamp crushing devices contained mercury exposure. The report concluded that operator exposure remained below the OSHA PEL and ACGIH TLV values when the three DTCs tested were operated optimally.
“I am pleased to see the readings so low, considering the study used what could be described as ‘worst case’ scenarios and actual operator exposure would likely be significantly lower under prescribed normal conditions,” said Scott Beierwaltes, president and CEO of Air Cycle.
“Specifically, the testing was performed in a confined space of roughly ten feet by ten feet with very little ventilation rather than in a well ventilated area as recommended by our company,” said Mr. Beierwaltes. “Furthermore, twice the maximum recommended limit of lamps were crushed which is significant since most users only crush two drums worth of lamps per year, not two drums per use. The drum change-out process was also particularly unusual in that the drums were left open for up to 10 minutes, whereas when done properly it should take roughly 30 seconds or less. Finally, the study was conducted at mercury processing centers which have an elevated background level of mercury which would not likely be present in normal conditions. Despite these less than optimal conditions, we believe our product performed well during the tests, particularly when compared to the appropriate eight-hour time weighted average exposure limit put forth by OSHA.”
“I would also like to point out that Environmental Resource Center’s initial report was a bit misleading in that it stated that the operator was exposed to levels of mercury above the ACGIH (TLV) and OSHA (PEL) values. It didn’t point out that both ACGIH and OSHA’s standards are 8-hour time-weighted averages and that those readings were not time weighted. When time weighted, the readings were all under the PEL and largely under the TLV even under those conditions,” Beierwaltes said.
Air Cycle is pleased to have participated in this study and looks forward to a continued collaboration with EPA as they continue to incorporate best practices into their design and operations. Several of the safety concerns noted in EPA's study, such as having a “helper” to speed up the drum change-out process to minimize exposure, choosing a well-ventilated location for operation away from other workers, and improving seals are already being incorporated by Air Cycle.
“Air Cycle Corporation is committed to reducing the amount of mercury released into our environment and to ensuring the safety of our operators. We believe the study was a good step in the process.”
EPA Fines Exporter for Pesticide Violations
EPA has reached a settlement for $16,290 with DECCO Cerexagri, Inc., of Monrovia, Calif., for four violations of federal pesticide law, including the alleged sale and distribution of three pesticides with inadequate labeling and the failure to identify these pesticides in a 2005 report.
The EPA cited DECCO Cerexagri for failing to include the required statement: “Not Registered for Use in the United States of America.” In addition, because these pesticides were not identified in the annual pesticide production report, the EPA cited the company for submitting a pesticide production report with major omissions of required information.
“Federal law requires that unregistered pesticides produced solely for export carry a statement that the product is not registered for use in the United States,” said Enrique Manzanilla, the Communities and Ecosystems Division director for the EPA’s Pacific Southwest Region. “In addition, accurate reports detailing a company’s pesticide production are necessary in the EPA’s effort to ensure safe management and distribution of these pesticides.”
The Federal Insecticide, Fungicide, and Rodenticide Act provisions protect public health and the environment by requiring safe handling and application of pesticides and by preventing false or misleading product claims.
This settlement was based on an inspection performed by the California Department of Pesticide Regulation in February.
Landlord Fined for Lead-Based Paint Violations
According to EPA, Allied Realty failed to disclose information on lead-based paint to tenants in 16 rental properties in Washington, D.C., and its Maryland suburbs.
Under the Residential Lead-Based Paint Hazard Reduction Act of 1992, sellers and landlords of residential housing built before 1978 (when the federal government banned the sale of lead-based house paint) are required to notify purchasers and tenants about the presence of known lead-based paint or disclose their lack of knowledge as to the presence thereof. The law also requires landlords to provide a lead-based paint information pamphlet to prospective tenants, provide a standard warning statement in the lease on the dangers of lead-based paint and include disclosure and acknowledgment language in sales contracts and leases.
EPA's administrative complaint cites 82 violations of the regulations implementing the lead-based paint disclosure rule, involving 19 lease agreements for 16 rental properties signed between November 2001 and May 2004. Among the cited violations are failure to disclose known lead-based paint to prospective tenants, failure to provide available reports regarding lead-based paint and failure to provide lead-warning statements in leases.
The Residential Lead-Based Paint Hazard Reduction Act provides for a maximum penalty of up to $11,000 per violation. EPA will propose a specific penalty after giving the company an opportunity to provide relevant information. The company has the right to a hearing to contest the alleged violations and proposed penalty.
$210,000 Penalty for UST Violations
A $210,000 penalty will be paid.
EPA inspections from February to August of 2005 showed that Niebrugge Oil failed to properly maintain underground storage tanks at 12 gas stations it owned and operated in Sesser, Carmi, Carlyle, Mattoon, Mount Vernon, Charleston, Herrin, Benton, Flora, Greenville, Gillespie, and Farmersville, Ill.
Among the violations are failure to: inspect tank linings, prevent overfill, test cathode protection systems, upgrade release detection method, monitor tanks at least every 30 days, and test piping and automatic line leak detectors.
EPA Cites University of Cincinnati and Republic Engineered Products for Exceeding Air Permit Limits
EPA Region 5 has cited the University of Cincinnati for alleged Clean Air Act violations at the university's power plant at 3001 Vine St., Cincinnati, Ohio.
EPA alleges that 2004 and 2005 data from continuous monitors at the university's boiler and turbines show that opacity (the amount of light obscured by smoke, dust, ash, etc.), as well as nitrogen oxide and carbon monoxide emissions exceeded limits in federal and state regulations and in the university's state operating and construction permits.
"EPA's mission is to protect public health and the environment," said Acting Regional Administrator Bharat Mathur. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."
Region 5 also cited Republic Engineered Products Inc. for alleged Clean Air Act violations at the company's steel mill in Lorain, Ohio. EPA alleges Republic violated federal and state regulations and its state operating permit by exceeding limits on opacity from its basic oxygen process vessels and its blast furnace cast house in 2005 and 2006.
The alleged violations were discovered during EPA and Ohio EPA inspections and from information submitted by Republic.
Manufacturing Plants Recognized for Energy Efficiency
The manufacturers' efforts not only cut pollution but also lowered energy consumption and reduced costs.
"By committing to smart energy use, America's historic economic backbone is now supporting our nation's brightening environmental future," said EPA Administrator Stephen L. Johnson. The plants represent six percent of cement production capacity, seven percent of wet corn milling capacity, and 23 percent of auto assembly capacity.
The U.S. manufacturing sector consumes about one-third of the energy used in the United States and contributes about 28 percent of U.S. greenhouse gas emissions. Energy is a significant, controllable expense for most manufacturers, and energy efficiency is a direct way to reduce this cost while avoiding emissions of greenhouse gases. EPA's national energy performance rating system, developed in cooperation with industry, enables companies in the wet corn milling, cement and auto assembly industries to evaluate the energy efficiency of their plants relative to their industries and develop challenging energy improvement goals and plans.
Plant owners are eligible to earn the Energy Star award if the plant's energy performance score is in the top 25 percent nationally using EPA's plant energy performance indicators. The scores are based on actual energy use. EPA is currently working with ten industries to advance innovative corporate energy management tools.
The first plants being recognized with the Energy Star award, listed by industry, include:
Auto Assembly
The Ford Motor Company in Chicago, IL
The Ford Motor Company in St. Paul, MN
The Ford Motor Company in Claycomo, MO
The Ford Motor Company in Norfolk, VA
The Nissan North America, Inc. in Canton, MS
The Nissan North America, Inc. in Smyrna, TN
The Toyota Motor Engineering & Manufacturing North America, Inc. (NUMMI passenger) in Fremont, CA
The Toyota Motor Engineering & Manufacturing North America, Inc. in Princeton, IN
The Toyota Motor Engineering & Manufacturing North America, Inc. in Georgetown, KY
Cement
The Ash Grove Cement Company plant in Chanute, KS
The Ash Grove Cement Company plant in Seattle, WA
The California Portland Cement Company plant in Colton, CA
The California Portland Cement Company plant in Mojave, CA
The Lafarge North America plant in Calera, AL
The Lafarge North America plant in Sugar Creek, MO
Wet Corn Milling
The Penford Products Company plant in Cedar Rapids, IA
The Tate and Lyle Ingredients Americas, Inc. Sagamore plant in Lafayette, IN
Energy Star is a voluntary, market-based partnership designed to offer business and consumers effective energy efficiency solutions for saving energy, money and the environment. In 2005, Americans, with the help of Energy Star, saved about $12 billion on their energy bills and prevented greenhouse gas emissions equivalent to those produced in powering 11 million single family homes.
Eastern Skies Continue Getting Cleaner
Power plants and other large facilities in the East cut ozone-forming emissions 11 percent between 2004 and 2005 under an EPA cap and trade program. The latest analysis illustrates that the agency's NOx Budget Trading Program continues to reduce the amount of the ozone-forming pollutant nitrogen oxide (NOx) released into the nation's skies.
The analysis, conducted as part of an annual report on the NOx Budget Trading Program, shows that eastern states have reduced NOx emissions by 57percent since 2000 and by 72 percent since 1990. In addition, based on 2003-2005 air monitoring data, nearly 70 percent of the areas that did not meet the national air quality standard for 8-hour ozone in 2004 now have better air quality than the standard requires. According to EPA, the Clean Air Interstate Rule is expected to continue this tremd with further reductions in ozone-forming emissions.
The NOx Budget Trading Program provides electric generating units, such as manufacturing facilities, with several options to reduce ozone season NOx emissions, such as adding NOx emission control technologies, replacing existing controls with more advanced technologies or optimizing existing controls. This flexibility, and an active NOx allowance market, has led to a compliance rate with the program's requirements of greater than 99 percent.
The Clean Air Interstate Rule and Clean Air Non-Road Diesel Rule will build on the NOx SIP Call by requiring additional reductions of NOx emissions both nationally and in the eastern U.S. The Clean Air Interstate Rule aims to reduce NOx emissions in the eastern U.S. by more than 60 percent and help prevent an estimated 17,000 premature deaths annually with a similar cap and trade program as the NOx Budget Trading Program. The Clean Air Non-Road Diesel rule is expected to reduce nationwide NOx emissions by more than 90percent and help prevent more than 6,000 children's asthma-related emergency room visits annually.
To make these reductions, the rule requires NOx reductions in 19 eastern states and the District of Columbia.
$10,000 Penalty for Illegal Asbestos Dumping
Arizona Department of Environmental Quality Director Steve Owens and Attorney General Terry Goddard announced a consent judgment that requires Yuma resident Peter Auza to pay $10,000 for illegally dumping asbestos-containing waste material (ACWM), a violation of Arizona's environmental laws.
In 2003, Auza purchased several trailers that contained regulated amounts of ACWM. Rather than properly dispose of this material, Auza illegally dumped it on privately owned property, burning a portion of the ACWM, in violation of state and federal laws.
ADEQ inspectors found unsealed ACWM disposal bags as well as visible emissions due to burning of ACWM on the site. Because Auza failed to comply with state and federal asbestos regulations governing the handling and disposal of regulated ACWM, ADEQ issued a notice of violation in 2004 and filed a complaint in Maricopa County Superior Court.
"Because asbestos is a hazardous material, handling and disposal of it must be conducted carefully and in accordance with the law," Owens said. "The penalty reflects the serious nature of the violations."
In addition to agreeing to pay the $10,000 civil penalty, Auza assisted efforts to clean up and properly dispose of the ACWM and ensure that dumping will not occur again on the site.
"Illegal dumping is a problem that affects public health and our environment, as well as having a negative effect on property values," Goddard said. "We must enforce the law to discourage illegal dumping to protect our families and neighborhoods."
ADEQ Cites Phelps Dodge for Air Quality Violations at Green Valley Mine
Arizona Department of Environmental Quality has issued a notice of violation (NOV) to Phelps Dodge for air quality violations at the company's Sierrita mine in Green Valley in Pima County.
On three separate occasions in late August and early September, tailings from Phelps Dodge's copper mine operations became airborne and impacted the town of Green Valley. Mine tailings dust infiltrated residents' homes and yards, as well as settling on several neighborhood streets.
"Phelps Dodge must control the tailings from their copper mine," said ADEQ Director Steve Owens. "It is simply unacceptable for loose tailings to be blown across the Green Valley community. This must not happen again."
The NOV requires Phelps Dodge to advise ADEQ within seven days of the immediate actions the company has taken to prevent the tailings from becoming airborne and protect the community from potentially harmful airborne tailings. Within thirty days Phelps Dodge also must advise ADEQ of the steps the company is taking to fix the problem permanently.
Phelps Dodge faces potential penalties of up to $10,000 per day for each of its violations of state environmental laws and conditions of the company's air quality permit.
New Electric Generating Unit Multi-Pollutant Regulation to Be Topic of September Public Hearings
The Delaware Department of Natural Resources and Environmental Control (DNREC) Air Quality Management Office will hold public hearings in each county this month on the planned adoption of a new regulation designed to help ensure that air emissions from coal and residual oil fired power plants do not cause or contribute to Delaware’s existing air quality problems as well as help to bring the First State into compliance with federal regulations.
Delaware is not in compliance with federal air quality standards for ground-level ozone and fine particulate matter. The new Regulation No. 1146, “Electric Generating Unit Multi-Pollutant Regulation,” will be submitted to the EPA as a revision to Delaware’s ozone and fine particulate matter state implementation plans. Its adoption will affect any owner or operator of a coal or residual oil fired power plant 25 megawatts or greater in size, including generating units at the Conectiv Edge Moor power plant near Wilmington, the City of Dover McKee Run plant and the NRG Indian River plant near Millsboro.
The goal of the new regulation is to protect public health, safety and welfare by setting strict emissions limits on nitrogen oxides, sulfur dioxides and mercury. Nitrogen oxides contribute to acid rain, global warming and the formation of ground-level ozone. Sulfur dioxide forms fine particulate and also contributes to acid rain. Mercury is a toxic metal linked to learning disabilities.
The regulation includes a state plan to control mercury emissions from coal fired power plants. This plan, which will be submitted to the EPA to satisfy federal requirements, will ensure mercury emission reductions occur in Delaware and does not allow compliance through participation in the federal mercury cap and trade program.
The public hearings will be held at the following times and locations:
- 6 p.m. Monday, Sept. 25, DNREC Auditorium, 89 Kings Highway, Dover
- 6 p.m. Wednesday, Sept. 27, DNREC Lukens Drive Office, 391 Lukens Drive, New Castle
- 6 p.m. Thursday, Sept. 28, Delaware Technical and Community College, Owens Campus, Route 18 and Seashore Highway, Georgetown
For more information or for appointments to inspect the proposed regulation and amendments, please contact Ali Mirzakhalili, Air Quality Program Administrator, 302-739-9402.
Environmental Workshop Scheduled for Delaware Hospitals and Healthcare Facilities
The Delaware Pollution Prevention Program of the Department of Natural Resources and Environmental Control, in partnership with the EPA Region 3, is holding a workshop to discuss common environmental issues that Delaware hospitals face and to introduce the national program, Hospitals for a Healthy Environment.
The workshop will be held from 9:30 a.m. to 2:30.p.m. Tuesday, Oct. 3, at Delaware Technical and Community College, Terry Campus, in Dover.
Discussions at the workshop will include environmental issues in hospitals, resources that the national Hospitals for a Healthy Environment program can offer, regulations that apply to hospitals and reducing waste and energy costs. The workshop will also provide participants with a chance to network with their peers from other hospitals in the state.
This environmental workshop is open to all Delaware hospitals and healthcare facilities. There is no fee to attend, but pre-registration is requested.
To register or for more information, please contact Crystal Nagyiski at 302-739-9909 by Sept. 25, 2006.
E85 Comes to Florida
Governor Jeb Bush and Florida Department of Environmental Protection Secretary Colleen M. Castille joined executives from General Motors and Inland Food Stores to open the first public E85 ethanol pump in Florida. Located in Tallahassee, the pump is the first of 17 ethanol pumps to be installed by Inland Food Stores in north Florida during the next eight months.
As part of the announcement, General Motors will promote the availability of ethanol fuel with dealers and the thousands of consumers with FlexFuel vehicles in the Tallahassee region. E85 FlexFuel vehicles can run on any combination of gasoline including E85, a fuel blend of 85 percent ethanol and 15 percent gasoline. The use of E85 can contribute to energy independence by diversifying the source of transportation fuels beyond petroleum, and it provides positive environmental benefits in the form of reduced greenhouse gas emissions.
“We congratulate General Motors and Inland Food Stores in the formation of this partnership to bring renewable biofuel to consumers at more retail locations,” said Charles Bronson, commissioner of the Florida Department of Agriculture and Consumer Services. “We’re pleased that the efforts of today’s partnership will help provide more Florida consumers with domestically grown and produced fuel choices like E85.”
Florida has one of the nation’s fastest growing populations, constantly increasing the demand for power and transportation fuel. The demand for motor vehicle transportation fuel is expected to grow from 28 million gallons per day to more than 32 million gallons per day, with Florida depending almost exclusively on other states and nations for supplies of oil and gasoline.
“GM already has more than two million vehicles on the road today that are capable of using E85 ethanol fuel,” said Elizabeth Lowery, GM vice president of environment and energy. “We appreciate that Inland Food Stores is joining our efforts to make this great fuel alternative available to people in Florida. We also appreciate the support of Governor Bush and the State of Florida as we continue to promote the use of E85 ethanol and its many benefits for the environment, the economy and consumers.”
Massachusetts to Implement First-in-the-Nation Regulation to Limit C02 Emissions from Power Plants
"This regulation provides real and vital environmental benefits, with a flexibility that is essential in this new and volatile energy market," Gov. Mitt Romney said. "It offers rate-hike protection for consumers and businesses, and perfectly complements my energy plan, which supports efficiency, conservation, and diversifying and increasing the energy supply through the use of renewable wood, hydro and wind power developments."
These regulations will be officially promulgated on October 6. Regulations established in 2001 set limits on the CO2 emissions from the six oldest and largest power plants in the state, and required those limits to be met in two phases beginning in 2006. These rules establish the criteria by which the power plants may meet emission limits for all GHGs, including CO2, the most common greenhouse gas. The rule includes criteria by which the power plants may use projects – conducted on or off their sites – that reduce, avoid or sequester GHG emissions to meet their compliance obligations. The projects may be conducted by the facilities themselves or by third parties.
The CO2 limits are part of the 2001 air quality protection regulation, designed to cut emissions of CO2, nitrogen oxides, sulfur dioxide and mercury from power plants. The 2001 regulation called for a CO2 offset program, and this regulation specifies how the offset program will work. It is expected that, when fully implemented, this regulation will result in the annual reduction of about 2 million tons of CO2.
The GHG regulation allows power generation companies to implement GHG reductions at their own facilities or fund other reduction projects off-site through a GHG credit program. To stay within their limits, power plants can reduce emissions on-site or purchase emission credits from third parties whose emissions reductions have been certified by MassDEP. Those third party projects could include the capture of combusted landfill gases, sequestration of GHG, or the generation of renewable energy, among others.
The CO2 and GHG regulations are also consistent with the governor's long-term energy plan, announced in July. Estimates suggest that when the energy plan is fully implemented, the combined results of the plan and the regulation being promulgated will produce a reduction of 3-6 million tons of GHG per year.
"The governor's energy plan, combined with the CO2 emissions limit, will produce emission reductions that will make a real difference in both our local air quality and our contribution to global climate change," Environmental Affairs Secretary Robert W. Golledge, Jr. said. "Massachusetts continues to lead the way forward on environmental protection and promoting technological innovations."
Because the market for GHG credits is just beginning, the GHG regulation contains protections against unexpected and excessive price increases for businesses and consumers.
The regulation implements a two-tiered system of triggers and safety valves. Initially, facilities may conduct offset projects or purchase offsets from projects conducted in northeastern US, which keeps environmental benefits and technological developments closer to Massachusetts. However, if the price of available offsets reaches a calendar year average of $6.50 per ton of GHG emissions, companies would then be allowed to shop for offsets anywhere in the world, where cheaper opportunities might be available, thus protecting ratepayers while providing the same environmental benefits.
In the event that the price of offsets climbs to $10 per ton – a point that would have an unacceptable economic impact – the power plants may meet their emissions obligation by paying into a greenhouse gas expendable trust. The trust will be used by the state to fund projects achieving the maximum amount of GHG reduction at the lowest price, with a preference for Massachusetts-based reductions.
As a further protection, the final regulations include a circuit breaker provision in the first three years of the program, which allows the commissioner of the Massachusetts Department of Environmental Protection (MassDEP) to expand the geographic scope of projects or allow payments into the GHG expendable trust, if credits are unavailable or prices rise unexpectedly. The circuit breaker sunsets on January 1, 2009, after which it is expected that the GHG emission credit market will be more firmly established.
Offset projects must demonstrate a reduction in GHG of at least 5,000 tons per year and may be submitted by any company for credit. The applicant, however, must demonstrate that offsets can be certified by MassDEP.
Ohio EPA Launches Mercury Switch Removal Program for Auto Recyclers
Ohio EPA is launching an automobile mercury switch removal program. The agency, partnering with End-of-Life Vehicle Solutions Corporation (ELVS), will provide licensed auto salvage yards $3 for each mercury switch they remove prior to dismantling or crushing vehicles.
Mercury-containing switches are commonly found in the hood, trunk and ABS components of automobiles manufactured before 2003. Nationally, it is estimated that 150 million switches, or about 150 tons of mercury, currently remain in vehicles. If switches are not removed prior to melting or crushing, mercury from switches is released, endangering both the environment and public health.
Ohio EPA's goal is to collect and recycle 20,000 switches with the initial $60,000 seed money, and then explore options to secure additional funding as needed. The initial funding came from a recent enforcement case settlement.
The program has been set up with minimal paperwork for auto recyclers. Ohio EPA will begin an outreach campaign, sending letters to all licensed auto salvage yards in the state with additional information and instructions on how to sign up for the program. Because mercury switch convenience lighting is no longer installed in most vehicles, Ohio EPA expects the majority of switches to be collected within the first few years the program is in place.
ELVS, created by numerous automakers, will arrange for collection and transport of the switches to proper recycling or disposal facilities. For more information on the mercury switch removal program, contact Laurie Stevenson by phone (614) 644-2344, or by writing to Ohio EPA, Office of Compliance Assistance and Pollution Prevention, Attention: Laurie Stevenson, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-1049,
Mercury Control Technology Readily Available, Affordable
Technology to control mercury from coal-fired power plants is readily available, sufficiently demonstrated and relatively inexpensive to install and operate, Pennsylvania Environmental Protection Secretary Kathleen A. McGinty recently told a state house panel.
“We are morally compelled to take effective action to safeguard our people against this toxic pollutant,” McGinty said in testimony before the Pennsylvania House Environmental Resources and Energy Committee. “And the good news is that we can take that action at minimal cost.”
McGinty said that mercury control technology is not expensive. Sorbent Technologies, for example, offers brominated powdered activated carbons for commercial sale to coal-fired power plants as well as injection systems needed to utilize the sorbents. The sorbents cost about $1 per pound and the systems cost between $500,000 and $1 million each.
Because of the particular characteristics of Pennsylvania’s bituminous coal, “reductions through activated carbon injection are particularly cost-effective,” according to Sorbent Technologies.
Mercury control technology also is well proven. Activated carbon injection technology has been used for years to control mercury emissions from municipal waste and hazardous waste combustors – systems that are quite similar to coal-fired power plants.
These points contradict the unfounded claims presented to residents and the state legislature by opponents of the state plan, McGinty said. They also are reinforced by a U.S. Department of Energy’s National Energy Technology Laboratory expert who noted publicly that technology to control mercury emissions is as much as 50 times cheaper than equipment needed to meet federal acid rain requirements.
Even when the annual costs to operate mercury-specific control technology is added to the capital costs for installation, the technology still compares favorably to the cost utilities would have to pay to purchase emission allowances under the EPA’s Clean Air Mercury Rule (CAMR).
The total cost of complying with the state-specific mercury rule in Phase 1 would be $15.4 million per year. Purchasing mercury allowances would cost $15.7 million per year.
The total cost for complying with Phase 2 would be $2.2 million more than the cost of complying with CAMR – equivalent to an increase of $0.000016 per kilowatt hour. The Phase 2 compliance cost for the state rule would be $16.7 million, while the total cost for allowances under CAMR would be $14.5 million.
The cost of purchasing allowances under the federal plan likely will be greater. Because of the substantial number of states rejecting the federal rule, the available pool of tradeable credits is likely much smaller than the federal government predicted, and the price likely would be correspondingly higher.
McGinty also countered claims that modest mercury control costs under a state-specific plan would strain electric generating units financially and affect reliability, as has been asserted by the power industry lobby. However, to operate in Pennsylvania, load-serving entities are required at all times to have access to electricity supply equivalent to 115% of the peak demand they serve. Power companies may not operate in such a way as to cause reliability problems for lack of adequate electricity generation.
McGinty also noted that these plants are reliable, substantial revenue earners. For example, a 300-megawatt coal-fired unit with an average wholesale clearing price of $30 per megawatt hour received $15.6 million in net energy market revenue in 2002. That amount increased nearly five times to $72.6 million in 2005.
New Information on Energy Conservation and Wastewater Treatment
Technical and cost information on a variety of energy management techniques and new energy-efficient equipment can be used to reduce a utility's energy bills. The fact sheet also includes information on ways to produce energy onsite by using solar cells, microturbines, fuel cells and effective utilization of bio-gas that can be produced in biosolids processing. In addition, several case studies of energy savings at utilities have been documented.
Ohio EPA Enforcement Activity
Ohio EPA recently reached settlements for past hazardous and solid waste violations and issued administrative consent orders on the dates noted for the following companies:
September 7 – The violations occurred at its facility located in Bedford, Ohio. The settlement includes a $11,250 penalty, of which $9,000 will be deposited into the state's hazardous waste cleanup fund. In lieu of paying the remaining $2,250 of the penalty, Hukill will fund a supplemental environmental project by making a contribution in the amount of $2,250 to the Ohio EPA Clean Diesel School Bus Program.
September 7 – The violations occurred at its facility located in Lancaster, Ohio. The settlement includes a $4,400 penalty which will be deposited into the state's hazardous waste cleanup fund.
August 31 – The violations occurred at its facility located in Norwalk, Ohio. The settlement includes a $16,500 penalty, of which $13,200 will be deposited into the state's hazardous waste cleanup fund. In lieu of paying the remaining $3,300 of the penalty, Heartland Petroleum will fund a supplemental environmental project by making a contribution in the amount of $3,300 to the Ohio EPA Clean Diesel School Bus Program.
August 24 – The violations occurred at its facility located in Columbus, Ohio. The settlement includes a $4,400 penalty, which will be deposited into the state's hazardous waste cleanup fund.
August 10 – The violations occurred at its facility located in Cincinnati, Ohio. The settlement includes a $32,000 penalty, of which $19,200 will be deposited into the state's hazardous waste cleanup fund. In lieu of paying the remaining $6,400 of the penalty, General Polymers will fund a supplemental environmental project by making a contribution in the amount of $6,400 to the Ohio EPA Clean Diesel School Bus Program.
DOT Revises Hazardous Materials Regulations to Improve Clarity
The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.