Countries have successfully launched a new commitment period under the Kyoto Protocol, agreed a firm timetable to adopt a universal climate agreement by 2015 and agreed a path to raise necessary ambition to respond to climate change. They also endorsed the completion of new institutions and agreed ways and means to deliver scaled-up climate finance and technology to developing countries.
"Doha has opened up a new gateway to bigger ambition and to greater action - the Doha Climate Gateway. Qatar is proud to have been able to bring governments here to achieve this historic task. I thank all governments and ministers for their work to achieve this success. Now governments must move quickly through the Doha Climate Gateway to push forward with the solutions to climate change," said COP President Abdullah bin Hamad Al-Attiyah.
The Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC), Christiana Figueres, called on countries to swiftly implement what has been agreed in Doha so that the world can stay below the internationally agreed maximum two degrees Celsius temperature rise.
"I congratulate the Qatar Presidency for managing a complex and challenging conference. Now, there is much work to do. Doha is another step in the right direction, but we still have a long road ahead. The door to stay below two degrees remains barely open. The science shows it, the data proves it," said Ms Figueres.
"The UN Climate Change negotiations must now focus on the concrete ways and means to accelerate action and ambition. The world has the money and technology to stay below two degrees. After Doha, it is a matter of scale, speed, determination and sticking to the timetable," she said.
In Doha, governments also successfully concluded work under the Convention that began in Bali in 2007 and ensured that remaining elements of this work will be continued under the UN Climate Change process.
The next major UN Climate Change Conference—COP19/ CMP9—will take place in Warsaw, Poland, at the end of 2013.
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EPA Acts to Protect Lives, Lungs, Special Places from Soot
Recently, EPA adopted protections that will slash the amount of soot allowed in our air, improving air quality for millions of Americans. This move by the EPA comes in response to legal action filed by Earthjustice on behalf of the American Lung Association and the National Parks Conservation Association asking that the EPA follow the Clean Air Act’s requirements to protect the public’s health and well-being.
Particle pollution does not just make people die a few days earlier than they might otherwise—these are deaths that would not have occurred if the air were cleaner.
“This new standard could save tens of thousands of lives and billions of dollars in health related costs every year,” said Earthjustice attorney Paul Cort, who represented the Lung Association and the National Parks Conservation Association in the lawsuit forcing EPA to issue the soot rule. “We know that soot kills and is especially dangerous for our children and seniors. We are encouraged that the EPA is finally willing to protect these communities. It is now up to the EPA to ensure these standards are met as soon as possible across the country.”
Deadly fine particulate matter, also known as soot, is caused by pollution from tailpipes, smokestacks, and industrial power plants. Breathing soot can cause premature death, heart disease, lung damage, and potentially cancer. It has also been linked with developmental and reproductive harms. Last year, Earthjustice, the American Lung Association, and Clean Air Task Force released “Sick of Soot,” a comprehensive report demonstrating that thousands of lives could be saved each year if soot pollution limits were set at the highest levels. The EPA’s proposal is slightly below the strongest recommended levels, but is nonetheless an important step towards cleaner, healthier air.
EPA also took action to protect public welfare from soot, specifically its impact on visibility. EPA and its science advisors had recommended specific measures to reduce unsightly haze pollution, but unfortunately the Administrator chose the least protective standard recommended.
“Every year, millions of people visit our national parks expecting clean air and clear views,” said Mark Wenzler, NPCA Vice President of Climate and Air Quality Programs. “But they instead find their health compromised and the beauty of these sites degraded because of lax controls for soot pollution. The EPA’s announcement will cut dangerous air pollution but could have done more to protect visibility in national parks. The EPA made a good first step towards cleaning up soot and we are hopeful that they will look to take additional measures to improve visibility in the future.”
Jose Font Selected to Direct EPA’s Caribbean Environmental Protection Division
EPA announced recently that Jose Font has been selected to lead the EPA’s Caribbean Environmental Protection Division, covering Puerto Rico and the US Virgin Islands. The division serves as the primary liaison on environmental issues and problems with the Commonwealth of Puerto Rico and Territory of the Virgin Islands governments, as well as with the press, community groups, and regulated industries and authorities. The Caribbean Environmental Protection Division is comprised of about 60 people who conduct inspections, identify violations and develop enforcement actions, and implement clean water, drinking water, air, Superfund, hazardous waste, toxics, and other EPA programs in Puerto Rico and the US Virgin Islands.
“I am so pleased to have selected Jose Font, who is truly dedicated to protecting the people and environment in Puerto Rico and the US Virgin Islands,” said Judith A. Enck, EPA Regional Administrator. “Jose is a remarkable person who has demonstrated that he can work with federal, commonwealth, territory and local governments to work out some of the tough environmental challenges that face the Caribbean. Jose Font will be working on a range of issues, including recycling, improving water quality, and cleaning up Vieques.”
Jose Font had served as Deputy Director of the Caribbean Environmental Protection Division since February 1997. He started his career with EPA in July 1984 as a project manager in the Superfund program working in the EPA’s office in New York City. As a project manager, Jose was responsible for the assessment and remediation of Superfund sites in Puerto Rico and the US Virgin Islands. In March 1987, Jose transferred to the EPA’s Caribbean Field Office where he worked both in the Superfund and enforcement programs.
Since 2000, he has served as an adjunct professor at the Universidad Del Turabo and at the Metropolitan University in Puerto Rico, where he teaches graduate environmental courses. Jose has also been a member of the External Advisory Board for the Civil Engineering Department of Universidad Politecnica de Puerto Rico. He has a Bachelor’s of Science in Chemical Engineering from University of Puerto Rico, Mayaguez Campus and a Master’s in Business Administration from Universidad del Turabo.
For more information about the EPA’s work in Puerto Rico, visit
Energy Department Invests $29 Million in Solar Energy Grid Solutions
The Energy Department on December 7 announced a $29 million investment in four projects that will help advance affordable, reliable clean energy for US families and businesses. These projects, part of the Energy Department's SunShot Initiative, are aimed at improving grid connection and reducing installation costs through innovative plug-and-play technologies and reliable solar power forecasts.
The Department announced a $21 million investment over five years to design plug-and-play photovoltaic (PV) systems that can be purchased, installed, and operational in one day. Plug-and-play PV systems will make the process of buying, installing, and connecting solar energy systems faster and less expensive for homeowners. Fraunhofer USA’s Center for Sustainable Energy Systems in Cambridge, Massachusetts, will develop PV technologies that allow homeowners to easily select the right solar system for their house and install, wire and connect to the grid. Additionally, North Carolina State University will lead a project to create standard PV components and system designs that can adapt simply to any residential roof and can be installed and connected to the grid quickly and efficiently. This effort is part of the Department’s broader initiative to bring down "soft" or non-module hardware costs.
The Department also announced an $8 million investment in two projects to help utilities and grid operators better forecast when, where, and how much solar power will be produced at US solar energy plants. The University Corporation for Atmospheric Research, based in Boulder, Colorado, will research methods to understand cloud impact and develop short-term prediction techniques based on this work. Also, the IBM Thomas J. Watson Research Center in Armonk, New York, will lead a new project based on the Watson computer system that uses big data processing and self-adjusting algorithms to integrate different prediction models and learning technologies. These projects are working with the Energy Department and the National Oceanic and Atmospheric Association to improve the accuracy of solar forecasts and share the results of this work with industry and academia. Enhanced solar forecasting technologies will help power system operators to integrate cost-competitive, reliable solar energy into the electricity grid.
The SunShot Initiative is a collaborative national effort to make solar energy cost-competitive with other forms of energy by the end of the decade.
EPA and Consumer Product Safety Commission Collaborate to Research Health Impacts of Nanomaterials
EPA and the US Consumer Product Safety Commission (CPSC) are collaborating in a worldwide research effort to assess any potential impacts of nanomaterials on people’s health and the environment. Nanomaterials appear in many household products ranging from clothing to building materials. For example, one ongoing study evaluates the potential human and environmental effects from exposure to copper nanomaterials, an ingredient in wood treatment products used on wood for building decks and fences.
The emerging field of nanotechnology has led to substantial advances in energy, medicine, electronics, and clean technologies. The field relies on using materials at the nanoscale level, these nanomaterials are made up of very small particles, which are about 100,000 times smaller than the width of a human hair. Because of the unique properties of these materials, it is important to conduct research to identify methods that will allow manufacturers and other stakeholders to ensure that products containing these materials do not harm people or the environment.
“Nanotechnology and nanomaterials used in the development of these products improve our everyday lives, but it is important that we understand how humans are exposed to nanomaterials and to assess the risks they may pose to people’s health and the environment,” said Dr. Tina Bahadori, national program director for EPA’s Chemical Safety for Sustainability Research. “This innovative research greatly improves what is known about nanomaterials and will inform the future design of more sustainable, effective nanomaterials.”
“These tiny nanomaterials are widely used in products ranging from clothing to sunscreen, but the need for additional research and knowledge on how they affect consumers is great. The CPSC staff is working diligently to meet the challenges involved in regulating this emerging technology and is pleased to be collaborating with staff at EPA to develop test methods and exposure data to adequately address health and safety concerns” said Dr. Treye Thomas, program manager for the CPSC Nanotechnology program.
EPA's collaborative research with CSPC is part of a larger international effort that focuses on:
- Identifying, characterizing, and quantifying the origins of nanomaterials
- Studying biological processes affected by nanomaterials that could influence risk
- Determining how nanomaterials interact with complex systems in the human body and the environment
- Involving industry to develop sustainable manufacturing processes
- Sharing knowledge through innovative online applications that allow for rapid feedback and accelerated research progress
CPSC, in working with other federal agencies, ensures that common public health concerns are met and will use research findings to inform:
- Protocol development to assess the potential release of nanomaterials from consumer products
- Credible rules for consumer product testing to evaluate exposure
- Determination of the potential public health impacts of nanomaterial used in consumer products
This research is a part of the US government’s efforts to assess the potential risks of nanomaterials. These efforts are coordinated by the US National Nanotechnology Initiative (NNI). NNI is a collaborative project comprised of 25 agencies, including EPA and CPSC.
Massachusetts Developers to Pay a Fine for Clean Water Act Violations in Uxbridge
EPA and Albee Realty Trust have resolved a penalty action for discharges of silt-laden storm water associated with development of a seven lot residential subdivision in Uxbridge, Massachusetts, in violation of the federal Clean Water Act.
Albee discharged stormwater from the construction site without a permit for several years. Albee also failed to install and maintain controls sufficient to minimize discharge of pollutants to the stream. On June 12, 2012, EPA issued a complaint against the Albee Realty Trust and its trustees seeking penalties as a result of these violations.
Because they are operators of a site disturbing more than one acre, Albee was required to apply for either an individual permit or coverage under a General Permit for “Storm Water Discharges from Construction Activities.” The permit requires the use of “best management practices” to prevent erosion and sedimentation of waterways that can result from construction activities. Under the agreement, Albee will pay a penalty of $24,000.
Rainwater running off construction sites can carry sediments, oil, and other pollutants, which contaminate nearby streams, ponds, and rivers. Erosion from a one-acre construction site could discharge as much as 20 to 150 tons of sediment in one year if not properly managed. Sediments reduce the storage capacity of drains and waterways, causing flooding and adversely affecting water quality and fish habitat. Sediments and chemicals can also contribute to fish die-offs, toxic algae blooms, contaminated shellfish beds, and closed swimming beaches.
To assist developers and builders into coming into compliance, EPA has developed written materials, web sites, workshops, and other products to help those involved in construction projects understand how to comply with storm water laws.
Nantucket Company Faces Penalty for Violations of Oil Pollution Prevention Regulations
Harbor Fuel Oil Corp., a fuel storage and distribution company on Nantucket Island in Massachusetts faces penalties of potentially up to $177,500 for alleged violations of the federal Clean Water Act.
EPA recently filed a complaint against the company for failing to properly prepare for possible oil spills at its Nantucket facility in violation of federal Facility Response Plan (“FRP”) requirements. The FRP requirements are part of the federal Oil Pollution Prevention regulations issued under the Clean Water Act and require facilities that store and distribute oil to have in place, and be prepared to adequately implement, a contingency plan for containing and cleaning up oil spills.
EPA’s action stems from a March 2012 unannounced exercise carried out by representatives of EPA, the Massachusetts Department of Environmental Protection and the US Coast Guard at the facility. The objective of this exercise—a simulated oil spill—is to determine whether a facility can successfully respond to an oil release. As a result of the March exercise, EPA determined that the company could not properly carry out the facility’s FRP and its personnel were not adequately trained, resulting in an “unsuccessful” overall rating for the exercise.
Federal law requires that facilities that have the potential for oil spills take every step possible to prevent oil discharges to the nation’s rivers, lakes, and oceans through implementation of Spill Prevention Control & Countermeasure (“SPCC”) plans. Any facility with more than 1,320 gallons of aboveground oil storage capacity and meeting certain other criteria must develop and implement SPCC plans to prevent and contain spills, such as by installing impervious secondary containment around storage tanks and transfer areas.
The law recognizes that it is equally important that facilities know how to minimize environmental damage when spills do occur, and therefore the FRP regulations require response planning and spill preparation especially for facilities that are expected to cause significant harm to the environment as the result of an oils spill—such as facilities like Harbor Fuel which have over one million gallons of storage capacity and/or transfer oil over water. To ensure that a facility can adequately respond to a spill, it must have adequate employee training, spill response equipment, and a contingency plan for containing and cleaning up a release.
New Hampshire Sand and Gravel Facility Pays Fine for Clean Water Act Violations
CSG Holdings, Inc., paid $150,000 to resolve EPA claims that it allowed polluted stormwater and process water from its Columbia, New Hampshire facility to flow into nearby waters, violating Clean Water Act provisions to prevent pollution from stormwater runoff at industrial sites. CSG Holdings is the former operator of Columbia Sand and Gravel, a sand and gravel mining facility on the banks of the Connecticut River.
EPA alleged that CSG Holdings discharged process wastewaters and stormwater from the facility without proper permits and violated the federal Oil Pollution Prevention Regulations by failing to prepare and implement a Spill Prevention, Control, and Countermeasure Plan. Monitoring confirmed that stormwater discharges from the facility contained high levels of total suspended solids, a pollutant that can adversely affect water quality and stress aquatic animals and plants.
The Clean Water Act prohibits the discharge of process waste waters without a permit and requires that industrial facilities, such as sand and gravel facilities, have controls in place to minimize pollutants from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants. Without on-site controls, runoff from sand and gravel facilities can flow directly to the nearest waterway and can cause water quality impairments such as siltation of rivers, beach closings, fishing restrictions, and habitat degradation.
Every year, thousands of gallons of oil are spilled from oil storage facilities, polluting New England waters. Even the effects of smaller spills add up and damage aquatic life, as well as public and private property. Spill prevention plans are critical to prevent such spills or, if they do occur, adequately address them.
EPA is working to bring facilities in the aggregate industry into compliance with storm water regulations. The effort includes enforcement actions and has also included development of written materials, web sites, workshops, and other products to help those involved in sand and gravel mining to understand how to comply with storm water laws at their facilities.
New Hampshire Company Will Help Clean Wood Stoves That Violated the Clean Air Act
A specialty coated products manufacturer has agreed to pay a penalty of $20,200 and to spend $80,800 to replace old, polluting wood stoves in southern New Hampshire with new, cleaner models to settle EPA claims that it violated the federal Clean Air Act.
Nashua Corporation has agreed to help homeowners replace their wood stoves with EPA-certified wood stoves or other cleaner, more efficient home heating equipment such as gas or propane heaters. The woodstove change-out program is being managed by American Lung Association of the Northeast. Nashua will provide a voucher—typically for $1,000 per household—as an incentive to replace pre-1988 woodstoves. Pre-1988 woodstoves are a significant source of indoor and outdoor air pollution. A new wood stove installation costs about $3,000.
“The Merrimack area will benefit from this wood stove change-out project,” said Curt Spalding, regional administrator of EPA’s New England regional office. “Homeowners will get help with buying new wood stoves, which will burn cleaner and more efficiently. This project will create green jobs, reduce fuel consumption, and improve air quality in communities by reducing the harmful pollutants that come from wood smoke.”
Nashua is a manufacturer of specialty coated products for printing, labeling, and ticketing applications and is a manufacturer of unique coatings for paper and film based products. EPA conducted a Clean Air compliance inspection of Nashua in May 2010. EPA determined that Nashua was subject to the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing. Nashua had failed to comply with the notification and reporting provisions of the regulation. Nashua has since submitted the required notifications and reports to EPA and paid the penalty.
Champion Brands Pays $50,755 Penalty for Consumer Product Air Quality Violations
The Air Resources Board announced that Champion Brands, a Missouri based supplier of specialty lubricants and consumer products for the automotive, racing, heavy truck, agricultural, industrial, and specialty markets, has been penalized $50,755 for selling consumer products that do not comply with state air quality standards.
An investigation revealed that Champion Brands supplied Champion Chain Lube Multi- Purpose Spray Grease, a consumer product that exceeded California’s limits for smog-causing pollutants, known as ‘volatile organic compounds.’ Some volatile organic compounds are known to cause cancer. The company also disclosed to ARB that an additional product, Champion Lube Spray Grease, also exceeded California’s limits for Multi-Purpose Lubricants.
“We need to address every major source of pollution that contributes to smog formation,” said ARB Enforcement Chief Jim Ryden. “Companies must do their part to protect public health by complying with California law and limiting the amount of volatile organic compounds in the products they manufacture, and sell to consumers.”
The settlement of $50,755 will be paid in four installments directly to the California Air Pollution Control Fund as civil penalties. On June 22, an initial payment of $12,688.75 was received following the signing of the settlement agreement. Three additional payments will be made prior to December 31, 2012.
Champion Brands agreed that it would not sell, supply, offer for sale, or manufacture for sale in California any consumer product in violation of California’s air quality standards. Both products have since been reformulated to meet California’s regulations for multi- purpose lubricants.
Road Master Fleet Services is Cited for Failure to Report, Clean up Spills
The Minnesota Pollution Control Agency (MPCA) and Road Master Fleet Services of Brooklyn Park reached an agreement recently resolving a hazardous waste spill and tank violations at the facility.
Road Master Fleet Services operated a truck-maintenance facility at 4025 85th Ave. N. in Brooklyn Park. A 10,000-gallon above-ground tank at the facility was used for fueling trucks. On August 9, 2010, MPCA staff observed evidence that diesel fuel from the tank had been spilled to the ground.
In Minnesota, there is a duty to notify immediately the MPCA via the State Duty Officer of a release and to clean up the spill to avoid pollution of land, waters or air of the state that might threaten the public’s safety or health. Road Master Fleet Services failed to take reasonable steps to prevent the spill, report it, and clean it up. It also failed to evaluate wastes to determine whether they were hazardous to ensure proper management.
The facility has agreed to ensure that all wastes are properly stored. It has also agreed to correct all of its violations and to change practices to prevent further violations. In addition, Road Master Fleet Services will pay a $10,000 civil penalty to the MPCA.
A stipulation agreement such as this one between the MPCA and Road Master Fleet Services is one of the tools the MPCA uses to achieve compliance with environmental laws. When calculating penalties, the agency takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. The MPCA also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner. For a comprehensive list of enforcement actions by the MPCA, go to the agency’s Quarterly summary of enforcement actions webpage.
EPA Suggests Burning Smarter this Winter
Are you burning wood in a wood stove or fireplace this winter? If so, EPA encourages you to burn a more efficient and cleaner fire. Wood smoke is made up of a mixture of gases and fine particle pollution that isn’t healthy to breathe indoors or out—especially for children, older adults and those with heart and lung disease, and asthma.
Reducing smoke from your chimney can be easy. Burning dry firewood in a properly installed and operated EPA-certified wood stove should produce little smoke.
Here are a few tips to help produce a more efficient and cleaner fire:
- Upgrade to an EPA-certified wood stove or fireplace insert. These models are more efficient than older models, making your air cleaner, your home safer, and your fuel bill lower, while keeping you warm in the winter. An estimated 12 million Americans heat their homes with wood stoves each winter, and nearly three-quarters of these stoves are not EPA-certified. An EPA-certified wood stove can emit nearly 70% less smoke than older uncertified models and is approximately 50% more efficient, meaning you get more heat with less wood.
- Burn only dry, seasoned wood. Burning dry firewood can add up to a significant cost savings over the winter. Look for wood that is darker, has cracks in the end grain, and sounds hollow when it is hit against another piece of wood. Use a wood moisture meter, available at wood working stores and online to tell if your wood is ready to burn. It should have 20% moisture or less. Never burn painted or treated wood or trash. Painted wood and trash can release harmful toxins and cause chimney fires.
- Have a certified professional inspect and service your wood stove or fireplace annually. A certified technician can clean dangerous soot from your chimney and keep your wood stove or fireplace working properly, which reduces your risk of a home fire.
- Consider converting your open wood-burning fireplace to a more efficient, less-polluting appliance by installing a wood stove insert or gas appliance. Wood-burning fireplaces do not burn as cleanly as EPA-certified wood stoves. If you continue to use the fireplace, consider having a professional install a gas fireplace insert, a gas log lighter or a catalyst device to reduce pollution and increase efficiency.
To learn more, check out the EPA website for “Burn Wise,” a partnership program that emphasizes the importance of burning the right wood, the right way, in the right wood-burning appliance to protect your home.
California Applauds Quebec on Adoption of Amended Cap-and-Trade Program
California Environmental Protection Agency Secretary Matthew Rodriquez and Air Resources Board Chairman Mary D. Nichols recently applauded Quebec on the adoption of the Province’s amended cap-and-trade regulation to allow for linking with California’s program.
"Quebec's announcement demonstrates the critical role that government can play in reducing carbon emissions and addressing climate change," said Matthew Rodriquez, Secretary for the
California Environmental Protection Agency. "Our two programs share a common objective and we look forward to coordinating our work in California with them.”
“This step marks a significant advance in our four-year collaboration to expand climate action between our individual jurisdictions,” said ARB Chairman Mary D. Nichols. “Quebec’s action sets the stage to link our two emissions trading programs to provide a model program that other states and provinces can join.”
California and Quebec have consulted closely on development of their respective cap-and-trade programs. As a result of Quebec’s action, ARB will now be requesting the Governor’s review of proposed linkage and Quebec’s program as required under AB 1532.
Both Canada and Quebec have also had conversations with other cap-and-trade jurisdictions around the world as they developed their climate regulations.
On November 14, 2012, California held its first cap-and-trade auction of carbon allowances. Covered parties begin full compliance starting January 01, 2013.
Connecticut Joins Multistate Effort Pushing For Federal Standards on Methane Emissions
Attorney General George Jepsen and state Energy and Environmental Protection Commissioner Daniel C. Esty said Connecticut has joined six other states in notifying the federal Environmental Protection Agency (EPA) they intend to sue, if necessary, to prompt agency action on methane gas emissions from new and existing sources of the greenhouse gas (GHG).
“EPA has determined that emissions of this potent GHG endanger public health and welfare, and that processes and equipment in the oil and gas sector emit vast quantities of methane,” Attorney General Jepsen said. “Yet the EPA failed to set standards and guidelines limiting methane emissions from oil and gas operations,” he said.
“Reserves of domestic natural gas that are now available offer a very real and important opportunity to make cleaner and cheaper energy available to our residents and businesses,” said DEEP Commissioner Esty. “But, we must take advantage of this valuable resource in an environmentally responsible manner—and that means strong regulatory oversight of methane emissions by EPA.”
Pound for pound, methane warms the climate about 25 times more than carbon dioxide. EPA has found that the impacts of climate change caused by methane include “increased air and ocean temperatures, changes in precipitation patterns, melting and thawing of global glaciers and ice, increasingly severe weather events, such as hurricanes of greater intensity and sea-level rise.”
Oil and gas systems are the largest source of methane emissions in the United States and the second-largest industrial source of US GHG emissions behind only electric power plants.
In a letter to EPA Administrator Lisa P. Jackson Tuesday, the attorneys general of the seven states said they intend to sue unless EPA corrects its failure under the Clean Air Act to set performance standards for new sources, and guidelines for existing sources, that curb emissions of methane from the oil and gas sector. EPA’s latest rule, published in August, failed to address the issue.
Connecticut joined with Delaware, Maryland, Massachusetts, New York, Rhode Island, and Vermont on this effort.
Section 111 of the federal Clean Air Act requires the EPA to establish standards of performance governing the emission of air pollutants from new sources in the oil and gas sector and to review and, if appropriate, revise those standards at least every eight years. As part of this review, EPA had a mandatory duty to determine whether standards covering methane emissions are “appropriate” and if appropriate, to promulgate standards.
Assistant Attorneys General Scott Koschwitz and Matthew Levine, Environment, and Kimberly Massicotte, Environment department head are assisting the Attorney General on this matter with Associate Attorney General Joseph Rubin.
Massachusetts Joins Six Other States in Northeast Recycling Council's 'The Reuse Marketplace' to Promote Recycling and Reuse
In collaboration with the Northeast Recycling Council, the Massachusetts Department of Environmental Protection (MassDEP) has joined with six other northeast states to offer a free web-based recycling clearinghouse to businesses, institutions and non-profit organizations called The Reuse Marketplace.
This no-cost regional network has been established to help save money and reduce waste by finding, selling, trading, or giving away many reusable and surplus items that would otherwise be disposed as trash. Businesses, institutions, government agencies, and non-profit organizations in Massachusetts, Connecticut, Delaware, New Jersey, New York, Rhode Island, and Vermont can become members by creating free accounts and posting listings for available items.
"Providing individuals and institutions easy access to recycling services is the challenge that 'The Reuse Marketplace' is aiming to solve," said MassDEP Commissioner Kenneth Kimmell. "People want to recycle because they know it's the right thing to do, and business wants to reduce costs, so giving them the opportunity to work together is the ultimate goal."
Members may post detailed listings of wanted items, specifying the types of items they need. While anyone can browse and access the posted items, only members can post items to offer. Actual exchange transactions are carried out directly between interested parties.
As a materials exchange, The Reuse Marketplace ( replaces individual state materials exchanges and allows for material flow to occur regionally across state borders. The Reuse Marketplace includes more than 30 categories of items ranging from agricultural to textiles, as well as more than 60 related subcategories. The site is intended to help businesses, institutions, government agencies, and non-profits reduce waste and save money on trash disposal by finding new owners for their unwanted items.
The Reuse Marketplace site administrator is The Northeast Recycling Council (NERC) , a regional non-profit dedicated to an environmentally sustainable economy through source and toxicity reduction, reuse, recycling, and green purchasing. NERC is responsible for reviewing the site membership requests and all listings prior to them being posted.
Reuse is an important part of managing solid waste and a productive economy that advances waste reduction by keeping goods and materials out of the waste stream. With few exceptions, reuse is even more effective than recycling in creating less air and water pollution, and reduces the strain on valuable resources, such as fuel, forests, and water supplies.
In addition to MassDEP, NERC has established this program with assistance from the following agencies: Connecticut Department of Energy & Environmental Protection; Delaware Solid Waste Authority; New Jersey Department of Environmental Protection; and the Rhode Island Resource Recovery Corporation. Businesses involved in the program include: All American Waste; Casella Waste Systems; Global Plastics Recycling; GreenCycle; Harvest Power; Wheelabrator Technologies; and the Willimantic Waste Paper Company.
Annual Report on Great Lakes Offers a Look at Water Issues, Recovery Efforts, and More
The Michigan Office of the Great Lakes released Michigan's annual State of the Great Lakes report for 2012.
Michigan law requires the annual report, which provides a snapshot of issues throughout the Great Lakes basin and informs policy discussions about protecting and managing Michigan's Great Lakes resources.
The 2012 State of the Great Lakes report focuses on Michigan's efforts to improve water quality, best use water resources, fight aquatic invasive species and restore degraded areas. Sections detail efforts to protect and restore Michigan's coastal areas, featuring experts from state and federal resource agencies, Michigan Sea Grant, academia, and the environmental community.
Several key initiatives in this year's publication reflect priorities Governor Rick Snyder recently outlined in his special message on Energy and the Environment. Governor Snyder's recent election to co-chair the Council of Great Lakes Governors signals his priority focus on Michigan's role as a leader in Great Lakes issues.
DES Reaches Agreement with Liberty Utilities on Lower Liberty Hill Road, Gilford Cleanup Plan
The New Hampshire Department of Environmental Services announced recently that it is has reached agreement with EnergyNorth Natural Gas, Inc., d/b/a Liberty Utilities (formerly National Grid) on a cleanup plan for the Lower Liberty Hill Road site in Gilford. The selected cleanup plan consists of the excavation of soil with coal tar impacts that serve as a source of groundwater contamination, off-site treatment of impacted soils, and site restoration.
In 2004, DES and EnergyNorth learned that a gravel pit located along the lower portion of Liberty Hill Road was used to dispose of waste coal tar from the former Laconia manufactured gas plant in the 1950s. From 2004 thru the present, EnergyNorth (whose predecessor company operated and dismantled the plant) has conducted site investigation and monitoring under the oversight of DES. After several previous proposed cleanup plans were deemed unacceptable, EnergyNorth has submitted a cleanup plan that meets the State’s criteria for approval.
DES will hold a public information meeting to discuss the status of the site and actions for moving forward with the cleanup plan. This meeting will be held at 7 pm, Wednesday, January 23, 2013, at the Gilford Public Library—Meeting Room, 31 Potter Hill Road.
A.G. Schneiderman Leads Multi-state Coalition In Action To Curb Climate Change Pollution From Oil And Gas Industry
Attorney General Eric T. Schneiderman, leading a coalition of seven states, recently notified the federal EPA of his intent to sue the Agency for violating the Clean Air Act by failing to address methane emissions from the oil and natural gas industry. EPA has determined that methane is a powerful climate change pollutant emitted by the industry in large quantities. Because of this, and the availability of affordable methods for controlling the industry’s methane emissions, Attorney General Schneiderman’s coalition charges that EPA violated the Clean Air Act when it largely ignored methane in recent updates to air pollution emission standards for the industry.
Methane is a very potent GHG. Pound for pound, it warms the climate about 25 times more than carbon dioxide. EPA has found that the impacts of climate change caused by methane include “increased air and ocean temperatures, changes in precipitation patterns, melting and thawing of global glaciers and ice, increasingly severe weather events—such as hurricanes of greater intensity—and sea level rise.” In 2009, EPA determined that methane and other GHGs endanger the public’s health and welfare.
The EPA’s decision not to directly address the emissions of methane from oil and natural gas operations—including hydrofracking—leaves almost 95% of these emissions uncontrolled.
“We simply can’t continue to ignore the evidence of climate change or the catastrophic threat that unabated GHG pollution poses to our families, our communities and our economy,” Attorney General Schneiderman said. “While it is clear that methane from oil and natural gas development contributes substantially to climate change pollution, regulators have failed to require the industry to use available and cost-effective measures to control these emissions. Our coalition is putting EPA on notice that we are prepared to sue to force action on curbing climate change pollution from the oil and gas industry.”
The EPA has determined that oil and natural gas production wells, gathering lines, processing facilities, storage tanks and transmission and distribution pipelines emit over 15 million metric tons of methane annually—the equivalent yearly climate change pollution of 64 million cars. As such, the industry is the single largest source of man-made methane emissions in the US, and the second largest industrial source of domestic GHG emissions behind only electric power plants.
The Clean Air Act requires EPA to set emission controls—known as “New Source Performance Standards” or “NSPS” —for industrial sectors that cause or significantly contribute to air pollution that endangers public health and welfare. In August 2012, EPA revised NSPS regulations for the oil and natural gas industry. These regulations included, for the first time, federal air emission standards for natural gas wells developed through hydraulic fracturing, or “fracking,” along with requirements for several other sources of pollution in the oil and gas industry that are currently not regulated at the federal level.
However, the revised regulations do not address the industry’s methane emissions. In fact, although EPA concluded that its regulations would have “co-benefits” in reducing methane emissions, its decision not to directly address the emissions of methane from oil and natural gas operations leaves almost 95% of these emissions uncontrolled.
In the notice of intent to sue, Attorney General Schneiderman’s coalition charges that the EPA violated the Clean Air Act when it failed to address methane emissions in the August 2012 regulations. Specifically, the coalition argues that because EPA recognizes that methane endangers public health and welfare and is emitted in large quantities by the oil and gas industry -- and has 18 years of data demonstrating that many methods of controlling these emissions are available and cost-effective -- the Agency broke the law by deferring a decision on whether to set NSPS standards for methane emissions from the industry. The coalition’s notice states that it intends to file suit against EPA in federal district court, unless the Agency makes timely decisions on setting standards to curb these methane emissions from the oil and gas industry.
The Clean Air Act requires parties to provide EPA a 60-day notice of intent to sue under provisions of the Act. Joining Attorney General Schneiderman in the notice are the states of Connecticut, Delaware, Maryland, Massachusetts, Rhode Island, and Vermont.
From severe droughts and heat waves to a string of devastating storms in the northeast over the last two years, it is becoming ever more apparent that increasing GHG pollution contributes to climate disruption in the US and around the globe. Since taking office, Attorney General Schneiderman has established himself as a leader, both in New York and nationally, in the fight against climate change. For example,
Schneiderman is currently leading a coalition of states in pressing EPA to honor its legal commitment to regulate emissions of climate change pollution from their largest source: fossil fuel powered electric generating plants. The Agency is expected to issue final regulations limiting GHG emissions from new fossil fuel power plants early next year.
Earlier this year, Attorney General Schneiderman successfully defended New York State’s participation in the “Regional GHG Initiative” (RGGI) -- a multi-state effort to reduce emissions of climate change pollution -- against a lawsuit backed by the out-of-state organization Americans for Prosperity.
Last month, Attorney General Schneiderman joined California and a number of environmental organizations by intervening in federal court to defend a national program to reduce GHG and improve fuel economy for passenger cars and light duty trucks. This follows on the heels of a successful defense of EPA’s first-ever GHG regulations. In a landmark decision handed down in June 2012 by a federal Appeals Court, Schneiderman argued on behalf of a coalition of states for the court to uphold these regulations.
DEP, Rosebud Mining Unveil Plan to Improve Little Conemaugh River Water Quality
Department of Environmental Protection Deputy Secretary for Active and Abandoned Mine Operations John Stefanko recently toured the site where Rosebud Mining Co., is building a facility designed to eliminate a major source of acid mine drainage into the Little Conemaugh River.
DEP has signed a groundbreaking Consent Order and Agreement with the company to treat the St. Michael discharge, enabling Rosebud to build and operate the facility.
"This is a significant agreement,” Stefanko said. “This plan will eliminate a major source of acid mine drainage into the Little Conemaugh River, and it will allow Rosebud to safely mine a significant coal reserve adjacent to the St. Michael discharge. It will provide jobs and benefit the local economy, while protecting the environment and taking a major step toward cleaning up the Little Conemaugh.”
The company estimates that the current St. Michael discharge is responsible for as much as 44% of the total acid mine drainage load to the Little Conemaugh River. By lowering the mine pool and treating the water in the St. Michael shaft, Rosebud will be able to access the coal reserves, which the company estimates will take up to 40 years to mine.
Under the agreement with DEP, Rosebud is responsible for all costs to treat the mine pool water, utilizing best available technology for the life of the mining operation. The company has also agreed to make annual payments to a special trust fund, which will be used to permanently pay the operations, maintenance and recapitalization costs for the discharge treatment facility once mining is completed.
Under the company’s original treatment plan, the treated water would still have contained certain levels of constituents that would not meet EPA standards.
“That problem threatened to kill the project,” Stefanko said.
To address it, DEP Mining staff and the agency’s Office of Chief Counsel worked with Rosebud and EPA to come up with a groundbreaking agreement for a National Pollution Discharge Elimination System Permit (NPDES) for the St. Michael facility. The result was the first mining permit issued in Pennsylvania to require Rosebud to document that its treatment of the St. Michael drainage discharge and others, as part of its mining operation, is improving water quality. It is also the first agreement to provide a method to calculate and report acid mine drainage load reductions on the river.
“There were major challenges to the project, and we at DEP are extremely proud of our staff for thinking outside of the box to resolve a mine drainage problem that has contaminated Pennsylvania’s rivers for decades,” Stefanko said. “Facing the challenge was a great partnership between state and federal government and industry, with overwhelming support from legislators, watershed groups and the local community.”
CalRecycle Loan Helps Sacramento Company Turn Food Waste Into Green Energy
Clean World Partners, a Sacramento company that recycles food waste into energy, will unveil its new biodigesting facility on Friday at Sacramento’s South Area Transfer Station.
In a process known as anaerobic digestion, the company turns tons of organic waste into compressed natural gas (CNG), electricity, and soil amendments.
The Department of Resources Recycling and Recovery (CalRecycle) is providing financial assistance to Clean World with $2 million in loans under its Recycling Market Development Zone (RMDZ) program.
“Clean World’s anaerobic digestion facilities are shining examples of how new technologies can help California reach its world-leading recycling and waste diversion goals,” said CalRecycle Director Caroll Mortensen. “CalRecycle is proud and excited to support Clean World as it diverts organic waste and converts it into clean energy.”
Initially, the biodigester is expected to convert 25 tons of food waste daily—nearly 10,000 tons annually—from local supermarkets and restaurants. In spring 2013, a planned expansion will increase capacity to 100 tons of organic waste per day. The facility also expects to begin operating its natural gas fueling station at that time. Atlas Disposal, which collects food waste for the facility, will fuel its trucks at the station. In the future, the fueling station will be available to other users as well.
AB 341, which went into effect earlier this year, sets a statewide goal to source reduce, recycle, or compost 75% of the state’s solid waste discards by 2020. Organic waste is the largest category of material in the waste stream at 33%, including 13% from food waste. It is especially troublesome because as it decomposes in landfills, it creates methane, a potent GHG.
Clean World’s first anaerobic digestion facility opened earlier this year at American River Packaging in North Natomas. The process used at both facilities was developed at UC Davis. The two sites combined will create 16 permanent local jobs.
CalRecycle grants low-interest revolving loans through its RMDZ program. The loans help California-based recycling businesses add jobs, create new facilities, expand existing operations, and develop additional markets for recycled-content products.
Since 1993, CalRecycle has approved and funded 170 RMDZ loans totaling approximately $120 million. The program is codified in Public Resources Code Section 42023.1-42024, and annual funding of $5 million initially came from the state’s Integrated Waste Management Fund. Since 2006, the program has been funded solely from the repayment of outstanding loans. The 4% interest rate charged to borrowers covers the state’s costs to administer the loan program.
The program provides loans, technical assistance, and product marketing to businesses that divert materials from the waste stream. CalRecycle’s website has more information about the RMDZ Revolving Loan Program.
Oil Company Owner Pleads Guilty to Illegal Discharges in State Waters
Lobdell Percy Brown III, the owner and Chief Executive Officer of Mandeville-based T&F Oil Company, entered a plea of guilty as a result of the illegal discharge of pollutants into state waters.
T&F Oil, along with Brown and his brother, T&F field technician Carr Brown, were indicted on October 21, 2011, by a Cameron Parish Grand Jury as a result of two willful and illegal discharges of oil and chlorides into the waters of the state, along with five additional spills that went unreported from sites located in the Little Chenier oilfield. The discharges were in violation of the Louisiana Pollutant Discharge Elimination System. Following the indictment, a warrant was issued for their arrest.
As a result of the guilty plea, Brown will be placed on bench probation for a total of six years. Within 90 days of his plea, Brown must pay $11,080 to the Louisiana Department of Environmental Quality’s Environmental Trust Fund for the cost of the investigation. Brown will be due reimbursement of up to half of this amount when and if money is paid by related defendant Carr Brown. In addition, Brown will pay a total criminal fine of $15,000 within 90 days of the plea, plus restitution as determined in a companion civil enforcement action currently in process.
As a condition of his probation, Brown will pay $50,000 into the registry of the Court as a down payment towards his pro rata share of the clean up and the pro rata share of the clean up attributed to T&F Oil Company during his ownership and/or control of the company. Brown is also ordered to pay all court costs imposed by the Court, plus additional fees imposed by the Clerk of Court for maintaining the funds filed into the registry. Should Brown violate his probation, he is subject to imprisonment of up to six years in jail.
The plea is a result of the investigation conducted by the Louisiana Department of Environmental Quality’s Criminal Investigation Division and the Louisiana Environmental Crimes Task Force.
“Business owners who choose to blatantly pollute our environment will be met with severe legal consequences as a result of their actions,” said DEQ Secretary Peggy Hatch. “DEQ has a strong relationship with its local, state and federal partners who collectively investigate and aggressively prosecute any person or business in Louisiana who knowingly evades environmental laws.”
ADEQ’s 25 Years of Existence Result in Cleaner Air in the Metropolitan Phoenix Area
During the Arizona Department of Environmental Quality’s 25 years of existence, the amount of pollution in the skies of metropolitan Phoenix has been greatly reduced.
Carbon monoxide levels have fallen 83%, dust has declined 40% and ozone 6% despite the population of the Valley almost doubling, the number of vehicles increasing 177% and the number of vehicle miles driven increasing 89% on Valley roads since 1987. Among the reasons are ADEQ’s Vehicle Emissions Inspection program, cleaner burning fuels and various dust control measures within the Valley.
Those statistics are among the findings contained in the release recently of the publication ADEQ—25 Years Protecting Arizona’s Environment 1987-2012 in honor of the agency’s 25th anniversary and which summarizes its many success stories during that time.
“We have helped accomplish many things that protect the public health and environment of our state and touch the lives of Arizonans since our inception a quarter of a century ago,” said ADEQ Director Henry Darwin.
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Trivia Question of the Week
Air pollution is on the rise. Scientists are able to monitor this increase using which kind of plant?
a. Lichen
b. Mushrooms
c. Giant Red woods
d. Palm Trees