DOT Adopts New Rules for Consumer Commodities, Limited Quantities

The DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating wide ranging amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport limited quantities, and vessel stowage requirements.

These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations.

Among the changes being adopted are:

• Eventual elimination of the ORM-D classification, which will be replaced by ID 8000
• Adoption of revised labeling and marking requirements for limited quantities
• Revisions in the classification of Division 1.4S Explosives
• Revisions in the classification of sour crude oil
• Expanded in vitro testing for corrosivity
• Revisions in shipping names, hazard classifications, and other requirements for about 100 hazardous materials, including: Engines, internal combustion; Alcohols, n.o.s.; Formaldehyde solutions; Nitric acid; Argon; Barium compounds; Dry ice; Ethanol; Medicines; and many other hazardous materials.

Register Today for: IATA Update – What’s New for 2011?

Each year, the International Air Transportation Association (IATA) updates and revises the regulations for the transportation of dangerous goods (hazardous materials) by air. If you offer dangerous goods for transportation by air, you must follow the new regulations by January 1. A large number of significant changes are being implemented in the 2011 IATA Dangerous Goods Regulations (DGR).

At this live webcast, you will learn:

• Changes in the regulations for consumer commodities– new marking and shipping paper entries
• New test authorized to determine classification and packing group of corrosives
• Changes in the classification criteria for magnetized materials
• Revisions to the classification of environmentally hazardous substances, marine pollutants, and aquatic pollutants
• Phase in of new packing instructions for Class 3 flammable liquids, Class 4 flammable solids, Class 5 oxidizers/organic peroxides, Class 8 corrosives, Class 9 miscellaneous, and Division 6
• New entries on the IATA List of Dangerous Goods and new special provisions
• New marking requirements for net quantities, limited quantities, environmentally hazardous substances, and orientation arrows

Nashville, Tennessee RCRA and DOT Training

Advertising Opportunities Available

Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™. 

State and Local Governments Form Interstate Chemicals Clearinghouse to Promote Toxics Reduction

The goals of the IC2 are to:

• Avoid duplication and enhance efficiency and effectiveness of state, local, and tribal initiatives on chemicals through collaboration and coordination
• Build agency capacity to identify and promote safer chemicals and products
• Ensure that state, local, and tribal agencies, businesses, and the public have ready access to high quality and authoritative chemical data, information, and assessment methods

Launched under the auspices of the Northeast Waste Management Officials’ Association (NEWMOA), the new Clearinghouse:

• Supports state, local, and tribal health and environmental agencies with development and implementation of programs to promote use of safer chemicals and products
• Supports the development of alternative assessment methods and identification of safer alternatives
• Shares data and information on chemical use, hazard, exposure, and alternatives
• Shares strategies and outcomes on chemicals prioritization initiatives
• Builds the capacity of agencies by sharing materials, strategies, and trainings
• Assists agencies in meeting the relevant information needs of businesses, consumers, and the public

The current IC2 Members have signed a Memorandum of Agreement (MOA) supporting the principles of the IC2 and formed a Board of Directors to oversee the Clearinghouse’s activities. They are inviting additional governmental entities, businesses, non-governmental organizations, academic researchers, consultants, and others to join them in the partnership.

According to Director Ted Sturdevant of the Washington Department of Ecology, “For several years many state and local environmental agencies have been working aggressively to reduce toxic chemicals in consumer products as part of a larger effort to reduce toxics in the environment and protect human health. In the absence of an effective national system for securing and sharing data on toxic chemicals, states are working together to share information and make the most of limited resources.”

Oregon Department of Environmental Quality’s Director Dick Pedersen notes that reducing toxic chemicals in the environment is a top priority for environmental organizations nationwide. “IC2 allows us to leverage state and local resources to be more efficient, effective, and strategic in reducing toxic chemicals regionally and nationally,” said Pedersen. “This interstate work is also inter-agency work here in Oregon, and a key opportunity to work together to protect Oregonians from potential harm from chemical exposures,” added Gail Shibley, Administrator, Oregon Health Authority, Office of Environmental Public Health.

Members of IC2 as of January 26, 2011:

• California Environmental Protection Agency
• Connecticut Department of Environmental Protection
• Massachusetts Department of Environmental Protection
• Michigan Department of Environmental Quality
• Minnesota Pollution Control Agency
• New Jersey Department of Environmental Protection
• New York Department of Environmental Conservation
• Oregon Department of Environmental Quality & Oregon Health Authority
• METRO Regional Government (Portland, Oregon)
• Washington Department of Ecology

NEWMOA is a non-profit, non-partisan interstate association made up of environmental agency directors from the hazardous waste, solid waste, waste site cleanup, pollution prevention, and underground storage tank programs in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont. Its mission is to help states articulate, promote, and implement economically sound regional programs for the enhancement of environmental protection.

DOT Converts Widely Used HazMat Transportation Permits into Federal Regulations

The DOT’s PHMSA announced the incorporation of the provisions of six widely used cargo tank special permits into Federal Hazardous Materials regulations. 

The special permits incorporated into regulations have long established safety records. Like all special permits, these were used to approve processes for hazmat transport not explicitly spelled out in PHMSA regulations. Over years, the practices approved in these permits became commonplace and were proven safe.

“President Obama asked us to find ways to make our government better for the people of the United States,” said U.S. Transportation Secretary Ray LaHood. “Getting rid of this cumbersome process will maintain safety and save businesses and the government both time and money.”

“This rulemaking is another step in incorporating tested transportation technologies and operations from longstanding special permits into the regulations, promoting safety and streamlining our processes.” said PHMSA Administrator Cynthia Quarterman.

Streamlining the hazardous materials special permit and approvals process is a major priority for PHMSA. Last year, the Department released an Action Plan to improve PHMSA’s safety oversight, processes, procedures, and policies for its hazardous materials special permits and approvals program.

Listed below are the six special permits that will be incorporated into the Hazardous Materials Regulations pertaining to the shipment of certain hazardous materials in cargo tanks.

Two of the special permits cover hazardous materials mounted on farm trucks used exclusively for agricultural purposes:

• Liquefied petroleum gas (LPG)
• Liquid soil pesticide (toxic substances)

One special permit covers the transportation of hazardous materials used for striping roads.

One special permit authorizes private motor carrier companies to transport propane tanks most commonly used for home heating and cooking.

Two special permits address nurse tanks:

• The first covers the transportation of nurse tanks securely mounted on field trucks.
• The second authorizes the use of the nurse tanks carrying anhydrous ammonia under certain conditions when the tanks are missing or have illegible identification plates.

Morning-after Spike in Ozone Air Pollution from Super Bowl XLV?

Not even the most avid fans could notice, but those spectacular aerial images of a brightly-lit Cowboys Stadium during Sunday’s Super Bowl XLV symbolize one of the hottest new pieces of scientific intelligence about air pollution.

Researchers have discovered—in a classic case of scientific serendipity—that the bright light from sports stadiums and urban street lights may boost daytime levels of ozone, a key air pollutant in many heavily populated areas. That’s among the topics included in a broader article called, “Monitoring the Skies,” about the chemistry of air pollution scheduled for publication in Chemical & Engineering News (C&EN), ACS’ weekly newsmagazine.

In the article, C&EN Associate Editor Jyllian Kemsley describes a so-called “field campaign” that took place in southern California and Mexico last year. It was a far-ranging effort by land, sea, and air to gain a deeper scientific understanding of all the factors involved in air quality and climate change. One of the experiments involved the use of detectors to measure the intensity of sunlight from an airplane.

As the plane flew over a brightly lit sports stadium, one of the crew suggested, perhaps only half seriously, turning the device on, even though it was the dead of night. Much to the scientists’ surprise, they found there was enough light to drive certain chemical reactions in the atmosphere that would boost daytime levels of ozone, one of the most prevalent and difficult-to-control air pollutants in urban areas. One of the scientists in the experiment notes in the article that cities and states, struggling to meet ever-stricter government air pollution limits, may want to consider the unexpected effects of night-time lighting of streets, sports stadiums, and other sources of bright light.

Arizona Withdraws Dust Control Plan

Despite measured reductions in particulate matter in the air around Maricopa County under a plan submitted to the EPA in 2007, the Arizona Department of Environmental Quality (ADEQ) is withdrawing the particulate matter air quality plan from EPA’s review.

On September 3, 2010, EPA proposed to partially approve and partially disapprove the particulate matter air quality plan prepared by the Maricopa Association of Governments (MAG) and submitted by ADEQ to EPA in 2007. This plan, also known as the Five Percent Plan, called for significant reductions in emissions of particulate matter 10 microns or less, also known as PM-10, from a variety of sources throughout the Valley.

If the plan had not been withdrawn, EPA would have taken final action on January 28, 2011, resulting in sanctions freezing regional transportation planning in Maricopa County. Unless resolved, disapproval could also impact the construction of new, large sources of dust within 18 months, and federal highway dollars after 24 months.

“We contend that the 2007 plan, which we have been following, has been effective in reducing dust throughout the county and should have been approved. We had no violations of the PM-10 standards at all in 2010,” said ADEQ Acting Director Henry Darwin. “There are always going to be opportunities to improve upon past submissions and this move will allow us to take advantage of new information that will improve the plan. ADEQ will soon convene a working group of stakeholders to assist ADEQ, Maricopa County and MAG in this important effort to further protect public health in this region.”

Air quality plans that require the reduction of PM-10 in the Maricopa County area have been effective at reducing emissions of dust throughout the county. As a direct result of the plans that have been submitted between 1990 and 2009, the annual average concentration of PM-10 within the Phoenix area has declined approximately 25%. Withdrawal of the plan from EPA’s review won’t threaten these gains.

Maricopa County Air Quality Department Director Bill Wiley said Maricopa County will continue to be vigilant in ensuring compliance with its dust control rules put in place under the 2007 plan while the new plan is being drafted.

“Our record is clear in protecting the health of our residents by ensuring strict air quality measures that have been implemented by Maricopa County and local jurisdictions,” said Wiley. “We believe ADEQ’s action will result in an improved plan that will further enhance those efforts.”

Although withdrawing the plan is subject to the same set of sanctions as a disapproval, Arizona will have more control over how long those sanctions remain in place by the withdrawal. To avoid the imposition of long-term sanctions, ADEQ must submit an updated air quality plan for PM-10 to EPA before June 25, 2012.

President Announces Better Buildings Initative

On February 3, President Obama announced an ambitious initiative to make American businesses more efficient as part of his plan to ensure that America wins the future by out-innovating, out-educating, and out-building the competition.

In his State of the Union address, the President laid out his vision for investing in innovative clean energy technologies and doubling the share of electricity from clean energy sources by 2035. Alongside that effort, the President is proposing new efforts to improve energy efficiency in commercial buildings across the country. The Better Buildings Initiative, outlined on February 3 at Penn State University, will achieve a 20% improvement over the next decade, saving companies and business owners tens of billions of dollars a year.

The plan will spur innovation by reforming tax and other incentives to retrofit, creating a new competitive grant program for states and localities that streamline their regulations to attract retrofit investment, and challenging the private sector to invest in building upgrades through a new “Better Buildings Challenge.”

• New tax incentives for building efficiency: The President is calling on Congress to redesign the current tax deduction for commercial building upgrades, transforming the current deduction to a credit that is more generous and that will encourage building owners and real estate investment trusts (REITs) to retrofit their properties. These changes could result in a ten-fold increase in commercial retrofit take up, leveraging job-creating investments.
• More financing opportunities for commercial retrofits: Access to financing is an important barrier to increased retrofit investment in some market segments. To address these gaps, the Small Business Administration is working to encourage existing lenders to take advantage of recently increased loan size limits to promote new energy efficiency retrofit loans for small businesses. The President’s Budget will also propose a new pilot program through the Department of Energy to guarantee loans for energy efficiency upgrades at hospitals, schools, and other commercial buildings.
• “Race to Green” for state and municipal governments that streamline regulations and attract private investment for retrofit projects: Much of the authority to alter codes, regulations, and performance standards relating to commercial energy efficiency lies in the jurisdiction of states and localities. The President’s Budget will propose new competitive grants to states and/or local governments that streamline standards, encouraging upgrades and attracting private sector investment.
• The Better Buildings Challenge: The President is challenging CEOs and university presidents to make their organizations leaders in saving energy, which will save them money and improve productivity. Partners will commit to a series of actions to make their facilities more efficient. They will in turn become eligible for benefits including public recognition, technical assistance, and best-practices sharing through a network of peers.
• Training the next generation of commercial building technology workers: Using existing authorities, the Administration is currently working to implement a number of reforms, including improving transparency around energy efficiency performance, launching a Building Construction Technology Extension Partnership modeled on the successful Manufacturing Extension Partnership at Commerce, and providing more workforce training in areas such as energy auditing and building operations.

The President has asked President Clinton, who has been a champion for this kind of energy innovation, to co-lead the private sector engagement along with the President’s Council on Jobs and Competitiveness, headed by Jeff Immelt, the CEO of General Electric.

Washington, British Columbia Expand on Climate Action Partnerships

Washington Department of Ecology (Ecology) Director Ted Sturdevant and British Columbia Minister of State for Climate Action John Yap signed joint action plans to promote public awareness of sea level rise and impacts on coastal areas, and to limit carbon emissions from government operations and facilities.

“British Columbia has taken decisive action to lower the province’s greenhouse gas emissions and we continue to see that same resolve in Washington state,” said Minister Yap. “We share the air, a coastline vulnerable to a similar range of climate change impacts and, most importantly, an understanding that immediate strong actions today can lead to a strong low-carbon economy tomorrow.”

Ecology Director Sturdevant said, “Climate is changing due to build-up of carbon already in the atmosphere from fossil fuel use around the world. We’re already suffering diminished stream flows, diseased forests, and other natural resource losses that undermine our quality of life and economic strength. Rising sea level from shrinking glaciers and ice caps will put coastal communities and infrastructure at risk. Only with decisive action to address emissions will we see a moderation of future impacts. Regional agreements like these we’ve signed today matter—because climate change doesn’t recognize borders and boundaries. It affects us all.”

Under the action plans signed February 2, 2011, Ecology and the Province of British Columbia will:

• Demonstrate how to make government operations as carbon-neutral as possible—sharing information and drawing on British Columbia’s success in achieving a carbon-neutral public sector.
• Further strengthen engagement with Washingtonians and British Columbians in helping their fellow citizens learn how sea level rise threatens critical shoreland areas and communities. Recently, Ecology and the British Columbia Ministry of Environment asked the public to observe and photograph extreme tides known as “king tides.” People have been asked to submit photos of these high tides to show what kind of impacts we can expect from rising ocean levels and tides.

These new action plans build on existing climate-related partnerships between Washington and British Columbia, including:

• The Pacific Coast Collaborative, which involves Washington, British Columbia, Oregon, California, and Alaska in joint efforts on energy, transportation, climate change, and ocean issues. For example, the participants are addressing ocean debris, transportation fuels, clean energy, and energy-efficient building standards and best practices.
• Work under the Washington-British Columbia Memorandum of Understanding on Coastal Climate Change Adaptation, including joint science workshops, exchanging information on sea level rise projections and mapping, sharing information on Green Shores programs, and Washington and British Columbia “king tide” photo initiatives.
• The Salish Sea Ecosystem / Puget Sound-Georgia Basin Ecosystem Research Conference, which is the largest, most comprehensive scientific research and policy conference that focuses on issues impacting the region known as the Salish Sea. British Columbia and Washington take turns hosting the biennial conference.
• Washington and British Columbia are active participants in the Western Climate Initiative, a cooperative effort to reduce greenhouse gas (GHG) emissions in seven U.S. states and four Canadian provinces.

Safety-Kleen Systems Fined $2,363 for Hazardous Waste Violations

The Massachusetts Department of Environmental Protection (MassDEP) has penalized Safety-Kleen Systems, Inc., $2,362.50 for hazardous waste management violations found during a July 28, 2010 inspection of its Salisbury, Massachusetts facility.

Safety-Kleen Systems, which is based in Plano, Texas, owns and operates a hazardous waste treatment, storage and disposal facility at 90 Rabbit Road in Salisbury. Among the violations observed by MassDEP during an inspection were: unexplained excess liquid in a spill containment system; an unlabeled container of waste; and failure to conduct internal facility inspections in accordance with its approved license.

“A facility that is licensed to treat, store and dispose of hazardous waste has to operate with vigilance in order to maintain compliance, because mistakes or confusion within that facility can have serious consequences both inside and outside the facility,” said Richard Chalpin, director of MassDEP’s Northeast Regional Office in Wilmington.

MassDEP subsequently determined the liquid in the spill containment system was water, but its presence represented a violation. Additionally, the unlabeled container was determined to be waste oil, but failure to properly label the container also represented a violation. Finally, Safety Kleen Systems has addressed the failure to conduct facility inspections and has agreed to act in compliance with applicable regulations.

EPA to Retain Carbon Monoxide NAAQS, Change Monitoring Requirements

The agency determined that these existing standards are sufficiently protective of public health.

EPA is proposing changes to the ambient air monitoring requirements for CO. The agency is proposing to require the co-location of CO monitors with “near-road” nitrogen oxide monitors in urban areas having populations of 1 million or more. EPA estimates that the proposed requirement to include CO monitors at these near-road stations would result in the operation of approximately 77 CO monitors within 53 urban areas, as part of the overall CO monitoring network. EPA is proposing to retain the existing implementation guidance and regulations for the CO NAAQS. EPA will accept comment on the proposal for 60 days after publication in the Federal Register. If a request for a public hearing is received by February 18, 2011, the agency will hold a public hearing on February 28, 2011. EPA will finalize the CO NAAQS by August 12, 2011.

EPA To Develop Regulation for Perchlorate and Toxic Chemicals in Drinking Water

 The decision to undertake a first-ever national standard for perchlorate reverses a decision made by the previous administration and comes after Administrator Jackson ordered EPA scientists to undertake a thorough review of the emerging science of perchlorate. Perchlorate is both a naturally occurring and man-made chemical, and scientific research indicates that it may impact the normal function of the thyroid, which produces important developmental hormones. Thyroid hormones are critical to the normal development and growth of fetuses, infants, and children. Based on this potential concern, EPA will move forward with proposing a formal rule. This process will include receiving input from key stakeholders as well as submitting any formal rule to a public comment process.

In a separate action, the agency is also moving toward establishing a drinking water standard to address a group of up to 16 toxic chemicals that may pose risks to human health. As part of the Drinking Water Strategy laid out by Administrator Jackson in 2010, EPA committed to addressing contaminants as a group rather than one at a time so that enhancement of drinking water protection can be achieved cost effectively. According to EPA, this action delivers on the promise to strengthen public health protection from contaminants in drinking water.

“Clean water is critical to the health and prosperity of every American community and a fundamental concern to every American family. EPA is hard at work on innovative ways to improve protections for the water we drink and give to our children, and the development of these improved standards is an important step forward,” said EPA Administrator Lisa P. Jackson. “Our decisions are based on extensive review of the best available science and the health needs of the American people.”

Research indicates that perchlorate may disrupt the thyroid’s ability to produce hormones that are critical to developing fetuses and infants. Monitoring data show more than 4% of public water systems have detected perchlorate and between 5 million and 17 million people may be served drinking water containing perchlorate. The science that has led to this decision has been peer reviewed by independent scientists and public health experts including the National Academy of Sciences. Perchlorate is both a naturally-occurring and man-made chemical that is used in the manufacture of rocket fuel, fireworks, flares and explosives, and may be present in bleach and in some fertilizers. This decision reverses a 2008 preliminary determination by the previous administration, and considers input from almost 39,000 public comments.

EPA will continue to evaluate the science on perchlorate health effects and occurrence in public water systems. The agency will also now begin to evaluate the feasibility and affordability of treatment technologies to remove perchlorate and will examine the costs and benefits of potential standards.

EPA will also be developing one regulation covering up to 16 chemicals that may cause cancer. This group of volatile organic compounds (VOCs), which are chemicals such as industrial solvents, includes trichloroethylene (TCE) and tetrachloroethylene (PCE) as well as other regulated and some unregulated contaminants that are discharged from industrial operations.  A key principle of the strategy is to address contaminants as groups rather than individually in order to provide public health protections more quickly and also allow utilities to more effectively and efficiently plan for improvements.

South Coast AQMD Adopts Pollution Credit Program

The South Coast Air Quality Management District (AQMD) approved a measure to comply with a mandatory emission fee provision in the federal Clean Air Act (CAA) without placing the fee burden on area businesses.

Since 2008, AQMD has worked collaboratively with impacted industries, as well as federal, state, and local agencies to craft an alternative measure that would satisfy requirements of the federal CAA’s Section 185 without requiring the region’s major facilities to pay costly mitigation fees.

“It was simply unfair to require large facilities already subject to the strictest air pollution requirements in the nation to carry the burden for the region’s failure to meet the federal ozone standard,” said William A. Burke, Ed.D., chairman of AQMD’s Governing Board. “This alternative measure will meet federal requirements and help clean up under-regulated mobile sources that are responsible for 80 percent of our air pollution.”

Section 185 of the federal CAA requires all major sources of smog-forming VOCs and nitrogen oxides (NOx) operating in severely polluted areas including Southern California to pay fees if the area fails to meet federal clean air standards. A major source is defined as a facility with the potential to emit more than 10 tons per year of VOCs or NOx.

Rule 317—Clean Air Act Non-Attainment Fees, satisfies the federal requirement with an alternative “fee-equivalent” program where funding for federal, state and local air quality improvement programs not currently being used to meet clean air plan commitments for the 1-hour ozone standard will be used to reduce emissions from mobile and other sources in the Southland. Program funds must be equivalent to fees that would have otherwise been collected from major sources.

The Southland is designated “extreme” non-attainment for the pollutant ozone and did not meet a 2010 deadline for attainment. Beginning in 2012, all major sources of VOC and NOx emissions would have been required to pay a fee for the portion of their emissions that exceeded 80% of their baseline emissions, totaling approximately $30 million per year for all affected businesses. Under the fee equivalent program major sources will no longer be required to pay a fee.

Under the fee equivalent program, AQMD will:

• Establish an account to be funded by mobile source emission reduction/infrastructure improvement programs that meet certain eligibility criteria. Only funding programs approved by the U.S. EPA, the California Air Resources Board (CARB), and AQMD may be used.
• Calculate fees that would have been required under the federal CAA provision. Funds collected under the fee-equivalent program must be at least equal to those required by the Section 185 provision.
• Annually, beginning July 1, 2012, determine sufficient funding is available to meet Section 185 requirements. Any additional funds may be credited to the following year.
• Annually report to U.S. EPA and CARB a list of major sources in the region and the amount of funding needed to meet the Section 185 fee obligation.
• Develop a backstop rule to be implemented should program funding drop below specified thresholds.

Major sources of VOC and NOx emissions in the Southland are required to meet the most stringent pollution control requirements in the nation and have reduced their emissions significantly over the years. Under the fee-equivalent program, funds available from various federal, state, and local programs will be used to fund projects to help reduce emissions from other sources, such as mobile sources and alternative fuel infrastructure.

Projects could include school bus replacements and retrofits, plug-in shore power for ships, liquefied natural gas trucks, clean vehicle rebates, lawn mower replacements, etc. Based on current estimates, sufficient funding should be available until at least 2020, and beyond when the federal 1-hour ozone standard is expected to be met. 

Leading Companies, Government Agencies and Academic Institutions Form Stewardship Action Council

The Stewardship Action Council (SAC) is new multi-stakeholder organization dedicated to promoting and improving sustainable and socially responsible business practices, providing a space where cross-functional collaboration can take place, and developing a performance-based sustainability index.

SAC is a coalition of industry, academia, the investment community and governmental and non-governmental organizations, coming together with the belief that collaboration among different groups can generate solutions to the sustainability challenges that each group is facing. With a focus on trust, transparency, and technical expertise, SAC offers a pathway to demonstrable results for all stakeholders.

Among SAC’s goals are creating a multi-stakeholder learning network, creating collaborative partnerships to address local and regional environmental, social and economic challenges, advancing sustainability performance, and recognizing and sharing outcomes.

“The world has changed, and the time for partnership and collaboration among these often disparate groups has come. If we are to succeed at creating a sustainable world, we will need to combine our knowledge, talents and varied perspectives. The Stewardship Action Council gives us a platform for this effort,” noted Anne Vogel-Marr, SAC Executive Director.

Membership in SAC is open to industrial facilities, academic institutions, governmental and non-governmental organizations, the investment community, and trade associations. Founding members of SAC include:

– American University

– Audubon International

– BMW

– Calvert Asset Management Company, Inc.

– Campbell Institute of the National Safety Council

– CLF Ventures

– Covanta Energy Corporation

– DM Petroleum Operations Company

– Forever Resorts

– Georgia Department of Natural Resources

– Indiana Department of Environmental Management

– Matt Potoski, Iowa State University

– Johnson & Johnson

– Lockheed Martin Manassas

– Michelin North America, Inc.

– Minnesota Pollution Control Agency

– National Pollution Prevention Roundtable (NPPR)

– North Carolina Department of Environment and Natural Resources

– Pfizer

– PRIZIM, Inc.

– Rockwell Collins

– Tennessee Department of Environment and Conservation

– Virginia Department of Environmental Quality

– Washington State Department of Ecology

– West Virginia Department of Environmental Protection

– Wildlife Habitat Council

– Wisconsin Department of Natural Resources

Members will be designated as Alliance or Participating Members, based upon their desire to set measurable goals and report upon them publicly. Alliance members, generally academic institutions and government and non-governmental organizations, will support SAC, but will not set goals. Participating members, generally industrial facilities, will set and report on goals.

Sunlight-to-Hydrogen System Works

Researchers at the Department of Energy’s Oak Ridge National Laboratory have developed a biohybrid photoconversion system—based on the interaction of photosynthetic plant proteins with synthetic polymers—that can convert visible light into hydrogen fuel.

Photosynthesis, the natural process carried out by plants, algae, and some bacterial species, converts sunlight energy into chemical energy and sustains much of the life on earth. Researchers have long sought inspiration from photosynthesis to develop new materials to harness the sun’s energy for electricity and fuel production.

In a step toward synthetic solar conversion systems, the ORNL researchers have demonstrated and confirmed with small-angle neutron scattering analysis that light harvesting complex II (LHC-II) proteins can self-assemble with polymers into a synthetic membrane structure and produce hydrogen.

The researchers envision energy-producing photoconversion systems similar to photovoltaic cells that generate hydrogen fuel, comparable to the way plants and other photosynthetic organisms convert light to energy.

“Making a self-repairing synthetic photoconversion system is a pretty tall order. The ability to control structure and order in these materials for self-repair is of interest because, as the system degrades, it loses its effectiveness,” said ORNL researcher Hugh O’Neill, of the lab’s Center for Structural Molecular Biology.

“This is the first example of a protein altering the phase behavior of a synthetic polymer that we have found in the literature. This finding could be exploited for the introduction of self-repair mechanisms in future solar conversion systems,” he said.

Small angle neutron scattering analysis performed at ORNL’s High Flux Isotope Reactor (HFIR) showed that the LHC-II, when introduced into a liquid environment that contained polymers, interacted with polymers to form lamellar sheets similar to those found in natural photosynthetic membranes.

The ability of LHC-II to force the assembly of structural polymers into an ordered, layered state—instead of languishing in an ineffectual mush—could make possible the development of biohybrid photoconversion systems. These systems would consist of high surface area, light-collecting panes that use the proteins combined with a catalyst such as platinum to convert the sunlight into hydrogen, which could be used for fuel.

The research builds on previous ORNL investigations into the energy-conversion capabilities of platinized photosystem I complexes—and how synthetic systems based on plant biochemistry can become part of the solution to the global energy challenge.

“We’re building on the photosynthesis research to explore the development of self-assembly in biohybrid systems. The neutron studies give us direct evidence that this is occurring,” O’Neill said.

The researchers confirmed the proteins’ structural behavior through analysis with HFIR’s Bio-SANS, a small-angle neutron scattering instrument specifically designed for analysis of biomolecular materials.

“Cold source” neutrons, in which energy is removed by passing them through cryogenically chilled hydrogen, are ideal for studying the molecular structures of biological tissue and polymers.

The LHC-II protein for the experiment was derived from a simple source: spinach procured from a local produce section, then processed to separate the LHC-II proteins from other cellular components. Eventually, the protein could be synthetically produced and optimized to respond to light.

O’Neill said the primary role of the LHC-II protein is as a solar collector, absorbing sunlight and transferring it to the photosynthetic reaction centers, maximizing their output. “However, this study shows that LHC-II can also carry out electron transfer reactions, a role not known to occur in vivo,” he said.

The research team, which came from various laboratory organizations including its Chemical Sciences Division, Neutron Scattering Sciences Division, the Center for Structural Molecular Biology and the Center for Nanophase Materials Sciences, consisted of O’Neill, William T. Heller, and Kunlun Hong, all of ORNL; Dimitry Smolensky of the University of Tennessee; and Mateus Cardoso, a former postdoctoral researcher at ORNL now of the Laboratio Nacional de Luz Sincrotron in Brazil.

“That’s one of the nice things about working at a national laboratory. Expertise is available from a variety of organizations,” O’Neill said.

The work, published in the journal Energy & Environmental Science, was supported with Laboratory-Directed Research and Development funding. HFIR is supported by the DOE Office of Science.

$390,000 Penalty for Illegal Wastewater Discharges into Kansas-Oklahoma River

An Illinois food processing company has agreed to pay a $390,000 civil penalty to the United States to settle allegations that its Baxter Springs, Kansas, processing facility overloaded the city’s wastewater treatment system with millions of gallons of industrial wastewater, at times causing pollution along a 22-mile-long section of the Spring River in southeast Kansas and northeast Oklahoma.

Orval Kent Food Company Inc., headquartered in Wheeling, Illinois, must also spend at least $32,500 on a project to re-stock fish in or near the watershed of the Spring River, under terms of a consent decree lodged in Kansas City, Kansas, by the U.S. Department of Justice. The project was designed in consultation with the Eastern Shawnee Tribe of Oklahoma.

“This settlement is meaningful not only because it helps to ensure compliance with the Clean Water Act but also because it addresses the impact that these violations have had on communities along the Spring River, including the Eastern Shawnee Tribe of Oklahoma,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “The environmental project to restock fish will help sustain the aquatic life of the river for the enjoyment and use of all.”

“EPA brought this case because Orval Kent’s decisions to overload the local discharge system hurt people all along this important river, which also plays a key part in Shawnee tribal culture,” EPA’s Regional Administrator Karl Brooks said. “The agency negotiated a settlement that targets relief to repair damages Orval Kent caused to the Spring River watershed. It demonstrates that companies can’t ignore their obligations to comply with the law.”

The company, which produces a variety of refrigerated salads and foods, was issued an administrative compliance order by EPA Region 7 in February 2008 after an inspection of the Baxter Springs publicly owned wastewater treatment works found that Orval Kent’s local processing facility was routinely overloading the city’s treatment system. As a result of the overloading, the city was unable to comply with the terms of its National Pollutant Discharge Elimination System (NPDES) permit.

After EPA issued the order to Orval Kent in 2008, the company installed new wastewater treatment equipment and changed its manufacturing processes to reduce waste material contained in the facility’s industrial wastewater.

Discharges from the Baxter Springs treatment system flow into the Spring River, which flows south from the city for about a mile before crossing the state line into northeast Oklahoma, where it continues to flow several miles through tribal lands of the Shawnee Tribe of Eastern Oklahoma.

Residents of Baxter Springs, tribal members, and other communities downstream use the Spring River for fishing and recreation. The state of Kansas has designated the river as “exceptional” and containing “special aquatic life,” partly because of its populations of threatened or endangered species. In Oklahoma, the Spring River is designated an “impaired water” because of turbidity and bacteria.

As part of the settlement, Orval Kent must conduct monitoring and reporting of its wastewater discharges to detect trends and help avoid future violations of the Clean Water Act (CWA). The consent decree is subject to a 30-day public comment period and court approval before it becomes final.

New Mexico Supreme Court: Governor Cannot Trump Law

 The lawsuit was filed by nonprofit New Energy Economy and reflects growing claims that Governor Martinez arbitrarily and illegally sought to suppress the rule.

The rule requires facilities that emit more than 25,000 metric tons of carbon pollution per year to reduce these emissions by 3% per year from 2010 levels starting in 2013. The rule aims to enable effective and economically efficient carbon pollution reduction that will spur job creation, investment, and innovation across New Mexico’s economy, particularly the energy sector. The rule also aims to increase jobs and revenue among oil and gas producers and boost momentum in the state’s emerging energy efficiency and renewable energy industries.

Mt. Tom Power Station Fined for Construction Storm Water Violations

The Mt. Tom Generating Company, LLC, has agreed to a settlement of $40,814 for violations of the federal CWA. The company violated its federally issued permit over a five month period when it was conducting construction work at its coal-fired power plant facility, located in Holyoke, Massachusetts. The company discharges its wastewater to the Connecticut River.

Discharges of muddy storm water resulting from construction work in violation of a federal CWA discharge permit had prompted EPA to file an enforcement action seeking penalties against the company. The company has since terminated the discharge to the river.

“All companies that are involved in construction activities play a critical role in protecting our waterways,” said Curt Spalding, regional administrator of EPA’s New England Office. “Protecting water quality in our rivers, lakes and streams means we are protecting the health of our citizens, guarding our natural resources and sustaining vibrant local economies.”

Rainwater running off construction sites can carry sediment and other pollutants which contaminate nearby streams, ponds, and rivers potentially impacting water quality and wildlife habitats. EPA works to ensure that companies engaging in construction implement protective measures to ensure that damaging discharges to our nation’s waters do not occur.

Five Organizations in the Southeast Recognized as 2010 WasteWise Award Winners

Five WasteWise partners in the southeast were recognized by the EPA for outstanding achievements as 2010 WasteWise award winners. Nationally, there were twenty-four winners, with awards in categories including business, government, and educational sectors.

The 2010 awardees are:

• Better World Books, Georgia – Better World Books collects and sells new and used books online, diverting waste from landfills and donating a portion of each sale to help literacy initiatives worldwide. In 2009, the company recycled 7,090 tons of materials, which is the carbon dioxide equivalent to removing 2,900 passenger vehicles from the road for one year.
• Freightliner Custom Chassis Corp (FCCC), South Carolina – Freightliner is the nation’s largest producer of diesel-powered chassis for the RV and walk-in van industry. FCCC’s extensive efforts have taken them from dumping 125 tons of solid waste per month in January 2008 to zero landfilling in September 2009, saving them $157,598 in 2009 alone.
• Fetter Group, Kentucky – Fetter Group, a printing company out of Louisville, has implemented several waste prevention ideas, such as switching to reusable plastic shipping boxes, decreasing trim waste during its label printing process, and no longer using “proof approval stickers,” eliminating the production of more than 10,000 proof stickers per year. In 2009, Fetter Group achieved a 93% diversion rate, reducing or reusing 955 tons of materials, and adding $250,000 to its bottom line.
• Florida Department of Financial Services, Division of Legal Services – The Division of Legal Services provides legal counsel to Florida’s Chief Financial Officer and State Fire Marshal. The Division has implemented several environmentally friendly practices, such as electronic filing of documents, enabling energy-save mode for electronics, reducing employee travel, freezing non-mission critical office supply ordering, encouraging double siding of draft documents, and others. The Division’s paper reduction efforts saved Florida taxpayers more than $1 million in 2009. Their switch to I-Serve, an electronic tool which processes lawsuits for insurers, reduced paper use by 1.5 million pages per year, and saved more than $85,000.
• Georgia Environmental Protection Division, Tradeport Complex – In 2009, employees recycled 100 tons of traditional recyclables, and diverted one ton of used coffee grounds from the break room for use in home compost bins. Combined, these efforts saved taxpayers almost $6,500, and represent a reduction in GHG emissions equivalent to approximately 37,000 gallons of gasoline.

WasteWise is a free, voluntary partnership program that helps businesses reduce their environmental impact and find cost savings through innovative waste reduction and recycling activities. The program currently has over 2,700 participating partners and endorsers.

Refinery Pays $230,000 to Settle CAA Violations

U.S. Oil & Refining Co., will pay a $230,000 fine for violations of federal air laws and spend hundreds of thousands of dollars on voluntary projects to reduce environmental impacts, according to a consent decree entered jointly by the EPA, U.S. Department of Justice, and the Puget Sound Clean Air Agency. The company owns and operates a petroleum refinery located on the tideflats in Tacoma, Washington.

“Petroleum refineries produce toxic emissions, so they must control environmental impacts and comply with the law,” said Jeff Kenknight, Manager of the Air Compliance Unit at EPA’s Seattle office. “These laws are in place to protect air quality and human health—this refinery is doing the right thing by upgrading its facility.”

The Tacoma refinery, which can process over 39,000 barrels per day, had a range of CAA violations between 1993 and 2006. The violations included failing to adequately report and track the benzene content in wastes from refinery operations in annual reports to EPA and the Puget Sound Clean Air Agency, and failure to repair and report leaking valves and pumps in a timely manner.

Benzene is found in emissions from burning coal and oil, gasoline service stations, and motor vehicle exhaust. It is a known human carcinogen. Short-term exposure can cause respiratory and skin irritation.

“We face a number of clean air challenges in Tacoma,” said Craig Kenworthy, Executive Director of the Puget Sound Clean Air Agency. “Meeting them means that everyone, including large operations like U.S. Oil, must comply with the standards that protect the health of the people in our region.”

As part of the settlement, the company will enhance its leak detection and benzene waste programs by making repairs when leaks are detected at levels lower than required by the regulations. It will also ramp up its monitoring of the quantities of benzene in the waste streams generated at the facility.

In addition to the fine, the company will spend $746,000 on upgrades to its facility to reduce other environmental impacts. These projects include controlling asphalt vapors that contain particulate pollution, a respiratory irritant and air pollutant.

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Trivia Question of the Week

Each water molecule will spend some time in the ocean, in ice, in lakes and rivers, and in the atmosphere. Over a 100 year period, how much time will the typical water molecule be present as fresh water in lakes and rivers?
a. 5 years
b. 1 year
c. 2 months
d. 2 weeks