DOT Corrects Errors in 2008 Emergency Response Guidebook

July 14, 2008

After the 2008 ERG was printed and distributed, errors were detected and are being corrected by DOT. The entries for anhydrous ammonia and petrol (gasoline)-ethanol mixtures have been corrected. 

Should You Enter the Net or Gross Weight on a Hazardous Waste Manifest?

. To correctly fill out the manifest, only the weight of the waste should be recorded on the manifest under Section 13, not the weight of the packaging and/or container. The weight of the waste should also be used to determine if the hazardous waste meets or exceeds the reportable quantity.

New York Aims for 7.5% Cut in Electricity Use by 2015

The New York State Public Service Commission (Commission) commenced its Energy Efficiency Portfolio Standard (EEPS) that seeks to reverse the pattern of ever-increasing energy use in New York by reducing electric usage 15% of projected levels by 2015; this is one of the most aggressive efficiency programs in the nation.

The energy-efficiency proceeding is designed to forestall an expected rise in energy consumption. At current trends, by 2015 electric energy usage in New York is estimated to be 11% higher than current levels. These factors—combined with expected fuel price increases, supply uncertainty, and the need to reduce greenhouse gas emissions—make it necessary to create energy-efficiency programs and quickly find ways to reduce energy use.

The ultimate program contemplated when fully funded is expected to provide more than $4 billion in benefits to customers through 2015. In addition, it is anticipated that thousands of jobs will be created to support the new energy-efficiency programs—retrofitting outdated, inefficient residential, commercial, and industrial properties, installing new energy-efficient equipment, and informing the public about the new opportunities for savings on energy bills—by 2015.

The Commission has established efficiency targets to be achieved by regulated entities through 2011. It also requires utilities to begin collecting additional set asides of $172 million annually, beginning in October 2008, in System Benefits Charge (SBC) funding to invest in energy-efficiency programs.

Furthermore, the development of an efficiency target for natural gas will provide the basis for additional benefits. The $13 million annually through 2011 in natural gas energy-efficiency programs included in the SBC funding is expected to result in a net benefit to New York’s economy of more than $160 million.

One of New York State’s highest energy priorities is to develop and encourage cost-effective energy efficiency over the long term and immediately commence or augment near-term efficiency measures. This initiative is in addition to the broader state policies for the development of the clean energy industry and economy in the state: policies including Executive Order No. 2 of Governor David Paterson, the Renewable Portfolio Standard, the Regional Greenhouse Gas Initiative, improvements in state energy building codes and appliance efficiency standards, and the Renewable Energy Task Force Report of then-Lieutenant Governor Paterson.

The Commission also approved certain New York State Energy Research and Development Authority (NYSERDA) energy-efficiency programs on a fast-track. In addition, the Commission expects utilities to submit new energy-efficiency programs for approval, which will be expedited for programs in specific pre-approved categories. Average customer bill impacts are projected to be modest.

Meanwhile, the Commission continues to develop additional issues of program design. Included among these are issues of setting a target for natural gas energy efficiency, utility performance incentives, on-bill financing, the roles of demand response and distributed generation, along with the impact on rental and low-income customers.

On May 16, 2007, the Commission issued its Order instituting the EEPS proceeding. Since then, staff of the Department of Public Service and a number of interested parties, including the major utilities in the state as well as relevant governmental groups, have been working diligently on the initiative.

In addition to the near-term efficiency goal adopted in this order, the Commission is emphasizing the importance of demand reduction as a critical objective. Reducing peak demand—the amount of power required to supply customers at times when need is greatest—will moderate commodity prices, improve system reliability, and potentially reduce, or at least defer, the need for construction of generation, transmission, and distribution facilities.

DOE Website Helps You Find Alternative Fuel Stations

Automakers and truck manufacturers are selling and leasing an increasing number of vehicles that run on alternative fuels, including E85 (a blend of 85% ethanol and 15% gasoline), B20 (a diesel blend containing 20% biodiesel), natural gas, propane, electricity, and even hydrogen. At the same time, E85 and B20 fuel pumps are springing up throughout the nation, and propane fueling stations are commonplace in some areas, while more limited efforts are underway to install fueling and charging stations for other alternative fuels. For owners of vehicles that can run on alternative fuels, the trick is to locate the fuel stations in your area or along a route you plan to take.

That is, until now. DOE's Alternative Fuels and Advanced Vehicles Data Center has launched an online alternative fuel station locator. Built upon a Google Maps interface, the station locator allows you to select an alternative fuel and find stations in your location or along a route. A highly recommended "advanced search" option lets you winnow down the list to public stations or to select a specific payment method. 

MIT Opens New Window on Solar Energy

Imagine windows that not only provide a clear view and illuminate rooms, but also use sunlight to efficiently help power the building they are part of. MIT engineers report a new approach to harnessing the sun's energy that could allow just that.

The work reported in the July 11 issue of Science, involves the creation of a novel "solar concentrator." "Light is collected over a large area [like a window] and gathered, or concentrated, at the edges," explains Marc A. Baldo, leader of the work and the Esther and Harold E. Edgerton Career Development Associate Professor of Electrical Engineering.

As a result, rather than covering a roof with expensive solar cells (the semiconductor devices that transform sunlight into electricity), the cells only need to be around the edges of a flat glass panel. In addition, the focused light increases the electrical power obtained from each solar cell "by a factor of over 40," Baldo says.

Because the system is simple to manufacture, the team believes that it could be implemented within three years—even added onto existing solar-panel systems to increase their efficiency by 50% for minimal additional cost. That, in turn, would substantially reduce the cost of solar electricity.

In addition to Baldo, the researchers involved are Michael Currie, Jon Mapel, and Timothy Heidel, all graduate students in the Department of Electrical Engineering and Computer Science, and Shalom Goffri, a post-doctoral associate in MIT's Research Laboratory of Electronics.

"Professor Baldo's project utilizes innovative design to achieve superior solar conversion without optical tracking," says Dr. Aravinda Kini, program manager in the Office of Basic Energy Sciences in the U.S. Department of Energy's Office of Science, a sponsor of the work. "This accomplishment demonstrates the critical importance of innovative basic research in bringing about revolutionary advances in solar energy utilization in a cost-effective manner."

Solar concentrators in use today "track the sun to generate high optical intensities, often by using large mobile mirrors that are expensive to deploy and maintain," Baldo and colleagues write in Science. Further, "solar cells at the focal point of the mirrors must be cooled, and the entire assembly wastes space around the perimeter to avoid shadowing neighboring concentrators."

The MIT solar concentrator involves a mixture of two or more dyes that is essentially painted onto a pane of glass or plastic. The dyes work together to absorb light across a range of wavelengths, which is then re-emitted at a different wavelength and transported across the pane to waiting solar cells at the window’s edges.

In the 1970s, similar solar concentrators were developed by impregnating dyes in plastic. But the idea was abandoned because, among other things, not enough of the collected light could reach the edges of the concentrator. Much of it was lost en route.

The MIT engineers, experts in optical techniques developed for lasers and organic light-emitting diodes, realized that perhaps those same advances could be applied to solar concentrators. The result? A mixture of dyes in specific ratios, applied only to the surface of the glass, that allows some level of control over light absorption and emission. "We made it so the light can travel a much longer distance," Mapel says. "We were able to substantially reduce light transport losses, resulting in a ten-fold increase in the amount of power converted by the solar cells."

This work was also supported by the National Science Foundation. Baldo is also affiliated with MIT's Research Laboratory of Electronics, Microsystems Technology Laboratories, and Institute for Soldier Nanotechnologies.

Mapel, Currie, and Goffri are starting a company, Covalent Solar, to develop and commercialize the new technology. Earlier this year, Covalent Solar won two prizes in the MIT $100,000 Entrepreneurship Competition. The company placed first in the Energy category ($20,000) and won the Audience Judging Award ($10,000), voted on by all who attended the awards.

Get Recognized for Your Environmental Efforts

The State of Minnesota is accepting applications and nominations for its Governor's Award Program for Pollution Prevention. Projects that reduce waste and pollution at its source, conserve natural resources, protect groundwater, save energy, and practice sustainability are eligible for the award. Applications will be accepted until noon on Aug. 1, 2008.

This year, the State of Minnesota is seeking nominations and applications in three categories:

  • Governor's Awards—Business/Nonprofit honor superior environmental achievement by Minnesota businesses, nonprofits, and private institutions for excellence in waste reduction and pollution prevention.
  • Governor's Awards—Government/MnGREAT acknowledge Minnesota's public institutions and government for their efforts and success in environmental planning.
  • Governor's Awards—Partnerships recognize exceptional environmental accomplishment by collaborations between Minnesota nonprofit organizations, businesses, agencies, and institutions.

 

This is an opportunity to recognize leaders at the highest level of environmental achievement. Projects will be judged based on the following criteria: benefit to the environment, economic efficiency, level of commitment and leadership, innovation, and the ability of the project to serve as a model for others.



Winners of the award will be recognized at Minnesota's Air, Water, and Waste Environmental Conference in February 2009.

RGGI States Announce Preliminary Release of Auction Application Materials

The 10 Northeast and Mid-Atlantic States participating in the Regional Greenhouse Gas Initiative (RGGI) took the next step toward launching the first-in-the nation auction of carbon dioxide (CO2) allowances. The RGGI states issued a preliminary release of technical materials outlining the process and requirements for market participants interested in bidding in the first auction. The states have committed to cap and then reduce the amount of CO2 that power plants in their region are allowed to emit, thus limiting the region’s total contribution to atmospheric greenhouse gas levels.

Based on the high level of interest expressed already and comments received from stakeholders, participating states have decided to move the first auction date, previously announced for Sept. 10, 2008, to Sept. 25, 2008. The additional time will provide prospective bidders with 60 days from the release of the final auction materials, scheduled for July 24, to prepare their applications to become qualified to bid at the auction and to arrange the necessary capital or credit to bid.

The materials released today provide a preview of auction applications and procedures for entities interested in participating in the first of the two early auctions to be held in 2008. In response to requests from electricity generators, the participating states are holding these auctions prior to the Jan. 1, 2009, start date for the first compliance period as specified by each participating state. Nearly 12.5 million CO2 emission allowances will be made available during the nation’s first carbon auction. All entities must become qualified if they want to participate in this auction.

This early release of materials provides information related to the auction schedule, the eligibility criteria for bidders, the auction format, and procedures for how potential bidders can become qualified to participate and indicate their intent to bid. Included in these materials is a detailed description of the information that will be included in the formal auction notice, scheduled to be released on July 24, the official start of the 60-day pre-auction process.

“The RGGI participating states are moving forward with a ground-breaking auction, and the release of these technical materials is a key step in preparing bidders for participation in the auction,” said Jonathan Schrag, executive director of RGGI. “For entities planning to bid for CO2 allowances in September, this is the information they will need to get ready.”

The states offering CO2 allowances for sale in the September auction will release final versions of the auction documents on July 24, 2008, when the official auction notice and application materials will be released. Also on July 24, RGGI will open an online question window on the auction website and host a conference call for prospective bidders from 2–5 p.m., Eastern time. 

The RGGI participating states also released a schedule for the CO2 allowances to be offered through 2011 and dates for 2008 and 2009 auctions. Future sales of CO2 allowances are planned through a steady offering of allowances in quarterly auctions described in the schedule released today. States have committed to offer for sale before the end of 2011 all of the allowances they are putting into the auctions for the first three-year compliance period. Regulated power companies must hold enough allowances to match their CO2 emissions for the first compliance period by March 1, 2012.

It is expected that the RGGI auction on September 25 will include allowances from Connecticut, Maine, Maryland, Massachusetts, Rhode Island, and Vermont, though power plants in all RGGI states and other parties will be eligible to bid. Other RGGI participating states will offer allowances for sale in future auctions as they complete their necessary rulemaking proceedings. A second auction is scheduled for December 2008, with all RGGI participating states expected to offer allowances for sale in the first 2009 auction.

RGGI is the first effort in the United States to reduce greenhouse gas emissions through a mandatory, market-based cap-and-trade program. Under RGGI, the 10 participating states will stabilize power sector carbon emissions at their capped level, and then reduce the cap by 10% at a rate of 2.5% each year between 2015 and 2018. All participating states plan to have implementing regulations in place by Jan. 1, 2009.

CO2 allowances under RGGI will be distributed primarily via auctions rather than the free allocation methodology used in other carbon markets. By using an auction, participating states are able to provide benefits to consumers. Revenues from the carbon allowance auctions will be invested by the participating states in energy-efficiency programs, renewable energy stimulus efforts and other programs to benefit consumers. As a result, RGGI will deliver economic and environmental benefits, save consumers money, and improve energy security through the reduced use of fossil fuels.

RGGI is a cooperative effort by participating states to reduce emissions of carbon dioxide (CO2), a greenhouse gas that causes global warming. RGGI, Inc. is a non-profit corporation created to provide technical and administrative services to the CO2 BudgetTrading Programs of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont.

EPA Report on Destruction of Ozone-Depleting Substances


This international agreement led to an amendment of the Clean Air Act (CAA) in 1990 to include Title VI, Stratospheric Ozone Protection. Title VI authorizes the U.S. Environmental Protection Agency (EPA) to manage the phaseout of ODSs. Among the regulations established by EPA are requirements for the safe handling of ODSs and prohibitions on the known venting or release of ODSs into the atmosphere. Therefore, as ODSs are phased out, surplus ODSs must be stored, reused (after recycling or reclamation), or destroyed.

 EPA plans to issue this report in a Notice of Data Availability (NODA) and requests that comments be submitted through the docket when it is published.

Pennsylvania Increases Environment and Energy Budgets

Pennsylvania Governor Edward G. Rendell said that issues critical to continuing the commonwealth’s economic progress and protecting its citizens will be addressed as part of the state’s 2008–2009 budget.

The Governor said new state resources will promote clean and renewable energy alternatives—measures that will improve the quality of life for all Pennsylvanians and build on the economic gains of the past five years.

“These new energy programs will save Pennsylvanians money and put our state in the forefront of the fast-growing alternative energy economy, which will result in thousands of new jobs,” the Governor said.

“This is a first step in addressing these issues. We’re making an unprecedented investment to spur development of advanced energy resources that will offer new options to consumers at a time when gasoline, diesel fuel, electricity, and natural gas prices are going through the roof.”

The Governor added that he intends to sign bills addressing these issues in the following days. In total, these measures will invest $665.9 million in alternative energy, of which $237.5 million will go to consumers to lower their energy costs and help them join the new energy economy, and $428.4 million will go to create jobs and expand the alternative energy sector in Pennsylvania.

This will occur in the following ways:

  • Invest $650 million in alternative and renewable energy deployment, conservation, and efficiency, and innovative research and development. Special Session House Bill 1 will include:
    • $180 million for solar energy
    • $165 million to encourage alternative energy projects
    • $25 million for green buildings
    • $25 million to for pollution control
    • $40 million for emergency energy assistance
    • $40 million to support early stage activities and $25 million for wind and geothermal. Another $150 million will be available over seven years to help consumers and small businesses weatherize their homes and adopt conservation tools and offer tax credits to businesses developing and building alternative energy projects in the commonwealth.
  • Increase the use of biofuels in retail gasoline and diesel fuel. House Bill 1202 will require that every gallon of diesel fuel use an increasing percentage of biodiesel as in-state production levels increase and reach defined thresholds. Additionally, gasoline must include at least 10% cellulosic ethanol once production reaches 350 million gallons annually. New investments will also be made in Pennsylvania’s biofuel producers; up to $5.3 million will be available annually through June 2011 to encourage the production of ethanol and biodiesel.
  • Invest up to $1.2 billion in the state’s water and wastewater facilities, dams and flood control projects. Senate Bill 2 will provide $800 million over 10 years to address the funding needs for critical water, sewer, and stormwater projects, as well as flood control and high hazard dam repairs in areas outside of Philadelphia and Pittsburgh. Voters will also have the opportunity to expand the amount of resources available for water and wastewater projects under a bond referendum provided for in Senate Bill 1341. If approved, SB 1341 would allow the commonwealth to borrow an additional $400 million to support these infrastructure components.


Despite these positives steps, Governor Rendell stressed that action must be taken to address rising energy costs. “We need to ensure our citizens and businesses have choices, are protected from the volatility of the open market, and have the tools they need to conserve energy to cut costs. I’m committed to working with the legislature throughout the summer to reach agreement on improvements to our current energy policy so that rather than shelling out billions of dollars more in higher electricity bills, we can help consumers save billions of dollars over the next decade.”

Green Slopes Workshop Highlights Energy Reduction and Recycling

On July 24, the New Hampshire Department of Environmental Services and Ski New Hampshire will hold the 2nd Annual Green Slopes Workshop at Cannon Mountain in Franconia Notch. The workshop, entitled “From Kilowatts to Cans,” will focus on energy reduction and solid waste recycling at ski facilities. Agenda topics include alternative energy sources such as wind and solar, streamlining solid waste and recycling, and case studies from various ski facilities that have enhanced their standard operating procedures and improved their environmental programs.

While the New England ski industry is important to the region’s economy, it also has a significant impact on the environment. The ski industry’s basic necessity is snow—lots of snow—and making snow takes energy, lots of energy. Water withdrawal for snowmaking, the energy snowmaking requires, and snow-melt runoff can all have environmental impacts. Unsustainable business practices coupled with climate change could result in the loss of a major industry, leading to severe economic impacts to the region. It is essential for ski facilities to operate in both an environmentally sound and functionally efficient manner if they are to remain a sustainable, profitable industry.

Owners and operators of ski facilities from New Hampshire, Maine, Massachusetts, and Vermont are invited to come together to discuss ways to reduce their impact on the environment as well as to increase the efficiency of their operations. In addition to presentations by industry and environmental experts, vendors with energy-saving technology and innovative operations techniques will be available to all attendees.

For questions or to register, please contact Tara Goodrich at tara.goodrich@des.nh.gov or 603-271-0878.

Kansas Plans Mercury Collection Program

The Kansas Department of Health and Environment (KDHE) is sponsoring a free program designed to safely remove and dispose of mercury and mercury-containing devices from homeowners and facilities generating less than 55 pounds (25 kg) of hazardous waste per month.

Mercury has been widely used in thermometers, blood pressure manometers, switches, and other products. Inhaling or ingesting mercury can cause irreversible damage to the brain, kidneys, or to developing fetuses.

“Reasonably priced alternatives to mercury-containing devices exist, so now is the time to make the change to a mercury-free alternative and help protect the health of others, as well as our environment,” said Maria Morey, program manager with the KDHE Bureau of Waste Management.

Items eligible for collection under the KDHE mercury collection program include elemental mercury, mercury amalgams, and mercury-containing devices (thermometers, barometers, manometers, mercury switches) from individuals, schools, city, county and state agencies, and institutions and businesses classified as small-quantity hazardous waste generators. Businesses that are classified as Kansas generators or EPA generators are not eligible for the program.

Collection dates are July 14 through September 13, 2008. 

Ohio Modifies NOx Budget Trading Program

These rules, which become effective on July 19, 2008, are related to Ohio’s NOx SIP call (NOx Budget Trading program) for the reduction of nitrogen oxides (NOx) during the ozone season from electrical generation units and large industrial boilers.

This action of the Director is final and may be appealed to the Environmental Review Appeals Commission (ERAC) pursuant to Section 3745.04 of the Ohio Revised Code.

EPA Partners With Best Buy to Recycle Electronic Goods Collected in Iowa Flood Cleanup

EPA has partnered with the Best Buy retail store chain to collect and recycle thousands of consumer electronic goods, also known as e-goods, that were ruined by recent Iowa floods.


Through the partnership, approximately 5,544 pieces of electronic equipment will be put on 250 pallets for transport to MPC facilities in Egan, Minnesota. Six semi-trucks will be used to transport damaged materials collected from several Iowa cities affected by June's flooding.

E-goods and household hazardous wastes are included in EPA's current flood response mission assignment from the Federal Emergency Management Agency.

Since June 22, 2008, EPA Region 7 on-scene coordinators have been working throughout Iowa's flood-damaged areas to collect household hazardous wastes, orphan containers, white goods, and e-goods. As of July 6, 2008, household hazardous waste items collected during the Iowa mission totaled approximately 107,203 pieces.

Best Buy's activities in support of the flood cleanup are at no cost to the federal government. They also reduce costs for disposal because the collected e-goods won't be taken to landfills.

Delaware Proposes Air Quality Rule Affecting the Manufacture of Lead-Acid Batteries


EPA has identified lead as among hazardous air pollutants that pose the greatest threat to public health in urban areas. Lead is classified as a probable carcinogen, and long-term exposure to lead is linked to blood disease (anemia), neurological effects, and kidney disease. The proposed amendment will provide increased protection for children and other at-risk populations against a variety of adverse health effects caused by lead exposure.

Comments may be presented verbally or in writing at the hearing or submitted prior to the hearing electronically to James.Snead@state.de.us or mailed to DNREC, Air Quality Management Section, 715 Grantham Lane, New Castle, DE 19720, Attn. James Snead.

Under the 1990 Clean Air Act Amendment, Congress mandated that the EPA identify 30 or more hazardous pollutants, identify small area sources that emit those pollutants, and develop regulations to reduce harmful emissions. In July 2007, the EPA promulgated its first area source standard affecting a Delaware source—the area source lead-acid battery manufacturing standard.

For more information, contact Jim Snead in New Castle at 302-323-4542.

Wanted: Water-Efficiency Leaders

EPA is accepting nominations for the 2008 Water Efficiency Leader Awards to recognize organizations and individuals who demonstrate outstanding leadership and innovation in water efficiency. Winners will be chosen by a panel of national water experts and based on three criteria: leadership, innovation, and water saved.

"We encourage organizations and individuals who are saving water, energy, and money for our nation's families and communities to apply for the 2008 Water Efficiency Leader Awards," said Benjamin H. Grumbles, EPA's assistant administrator for water. "Together, we are proving innovative technology and environmental stewardship can help conserve our country's greatest liquid asset."

The Water Efficiency Leader Awards promote a nationwide ethic of water efficiency, which is critical to helping our growing economy and improving our quality of life. The importance of water efficiency is also exemplified by WaterSense, a partnership program started by EPA in 2006 to educate American consumers on making smart water choices that save money, water, and energy, and maintain high environmental standards without compromising performance. 

Bristol-Myers Squibb Agrees to Clean Air Act Upgrades

Bristol-Myers Squibb has agreed to reduce the output of ozone-depleting refrigerants at multiple industrial facilities around the country at a combined cost of $3.65 million in order to resolve violations of the Clean Air Act.

Under an agreement filed in federal court in Evansville, Ind., New-York based Bristol-Myers Squibb will be required to retire or retrofit 17 industrial refrigeration units by July 2009 at facilities in Mt. Vernon and Evansville, Ind.; Hopewell, N.J.; and Humacao and Mayaguez, Puerto Rico. The units are used in the facilities’ industrial processes or as air conditioners and currently use hydrochlorofluorocarbons (HCFCs) as refrigerants. When leaked into the air, HCFCs deplete ozone in the earth’s stratosphere, which protects it from dangerous amounts of cancer-causing ultraviolet (UV) rays. Excessive UV exposure is linked to increased incidents of cataracts and poses risks to human immune systems and plant and animal life. The company has agreed to change over the 17 units to use only nonozone-depleting refrigerants.

In addition, the company has agreed to perform a supplemental environment project that will involve retiring two comfort cooling units at its New Brunswick, N.J., plant and connecting the air conditioners to the company’s new centralized refrigeration system. The new system uses water-chilled coolers, which act as the refrigerant to minimize the use of chemical agents in the chilling process.

Combined, the measures that the company is performing will remove more than 6,350 pounds of harmful HCFCs from their operations. Further, the company will take additional steps to assure compliance with the EPA regulations at 13 of its facilities and pay $127,000 in civil penalties.

Following an EPA information request to ensure compliance with ozone-depletion regulations for the Evansville facility, Bristol Myers-Squibb voluntarily conducted an audit of 25 of its other facilities and reported all potential violations that were discovered. The audit uncovered potential violations at the 13 facilities located in 6 states—Connecticut, Indiana, Massachusetts, Michigan, New Jersey, New York—and Puerto Rico.

"Bristol-Myers Squibb took action and reported Clean Air Act violations at multiple facilities and is now committed to removing thousands of pounds of harmful ozone-depleting refrigerants from its operations," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "We are pleased that after violating our ozone protection requirements, Bristol-Myers Squibb is now committed to a settlement that will be good for the environment and good business practice."

The proposed consent decree, lodged in the U.S. District Court for the Southern District of Indiana, is subject to a 30-day public comment period and approval by the federal court. Bristol-Myers Squibb is required to pay the penalty within 30 days of the court’s approval of the settlement.

Shipping Company Sentenced for Pollution-Related Charges

Italian shipping company B.Navi Ship Management Services (B.Navi) was recently sentenced to pay $1.5 million and serve three years probation in connection with the illegal dumping of oily sludge, bilge wastes, and oil-contaminated ballast water from the M/V Windsor Castle, a 27,000-gross-ton bulk carrier vessel, according to an announcement made by Ronald J. Tenpas, Assistant Attorney General for the Environment and Natural Resources Division, and Captain William Diehl, Commander of U.S. Coast Guard Sector Houston-Galveston.

Engine room operations onboard large ocean-going vessels such as the M/V Windsor Castle generate large amounts of waste oil. International and U.S. law prohibit the discharge of waste oil without treatment by a device known as an Oil Water Separator. The law also requires that all of the oil transferred onto, off of, or between tanks within a ship be recorded in an oil record book so all the oil on a ship can be accounted for when the ship is inspected by the U.S. Coast Guard. B.Navi pleaded guilty on Feb. 7, 2008, to a two-count criminal information charging it with violation of the Act to Prevent Pollution from Ships (APPS), and making materially false statements to the U.S. Coast Guard.

According to the plea agreements, on Aug. 17, 2007, the M/V Windsor Castle arrived at port in Houston, Texas, and was boarded by the U.S. Coast Guard. During the boarding, Coast Guard inspectors learned that the vessel’s Chief Engineer had ordered crew members to dump oil sludge and bilge wastes into the ocean and had falsified the ship’s oil record book to conceal these discharges. With assistance from several lower level crew members, Coast Guard inspectors discovered and seized the bypass hose and pipes used to dump the oil sludge, bilge waste, and contaminated ballast water overboard.

The court sentenced B.Navi to pay a $1.2 million criminal fine and ordered the company to make a $300,000 community service payment to the congressionally established National Fish and Wildlife Foundation, a nonprofit organization dedicated to the conservation of fish, wildlife, and plants and the habitat on which they depend. B. Navi is also subject to a three-year probation term during which it must implement and follow a stringent environmental compliance program that includes a court-appointed monitor and auditing of B.Navi ships for compliance with environmental laws.

The investigation was conducted by the U.S. Coast Guard Investigative Service working with marine investigators and vessel inspectors of U.S. Coast Guard Sector Houston/Galveston. The case was prosecuted by the Justice Department’s Environmental Crimes Section.

New York to Cut Greenhouse Gas Emission by 30% by 2017

New York Mayor Michael R. Bloomberg announced the long-term action plan to reduce energy consumption and greenhouse gas emissions from the city's municipal buildings and operations by 30% by 2017, as promised in PlaNYC. The long-term plan is a comprehensive guide to reducing the city's carbon footprint, by making city buildings more efficient, improving preventative maintenance, capturing energy potential at wastewater treatment plants, and more. The mayor was joined in making the announcement by Deputy Mayor Skyler; Ashok Gupta, Air & Energy Program Director of the Natural Resource Defense Council; and Gil Quiniones, Acting Chief Operating Officer of the New York Power Authority.

City government accounts for approximately 6.5% of New York City's total energy usage and 10% of its peak electricity demand. The projects in the long-term plan will be partially funded by an annual commitment of 10% of the city's energy budget, which in fiscal year 2009 will be $100 million. In total, the plan will require an estimated $2.3 billion investment over the next nine years, of which roughly $900 million has been committed by the city, and another $80 million was already spent in fiscal year 2008. The city is expected to break even on its investment in 2013 on an annual cash flow basis, and by fiscal year 2015, it is projected that the city will have saved more on its energy bills than it has spent on all the planned investments to that point.

To meet its 30% reduction goal by 2017, the city must produce 1.68 million fewer metric tons of carbon dioxide equivalents (CO2e) annually versus 2006 levels. This will be achieved through an aggressive capital improvement program for the city's facilities and significant enhancements to its current operations and maintenance practices.

The largest single opportunity for reductions, 57% of the total, is through upgrades to existing buildings, like firehouses, police precincts, sanitation garages, offices, and courthouses. Planned improvements include upgrading facility lighting, refrigeration units, boiler upgrades office equipment, and heating, ventilating, and air conditioning (HVAC) systems. There are other savings to be found in the way buildings are operated, including developing and implementing preventive practices in buildings that consume large amounts of energy. For example, leaking pipes, clogged steam traps, and inefficient air distribution, pumps, or fan systems will be systematically identified and repaired. The plan also includes retrocommissioning, a process that identifies the most wasteful inefficiencies that technicians can correct in a cost-effective manner.

Energy-saving projects at wastewater treatment plants account for the second largest opportunity for greenhouse gas reductions, 17% of the total. Wastewater treatment plants decontaminate sewage and storm water runoff through a series of physical, chemical, and biological processes, and release the water back into the environment once it has been cleaned. These processes generate significant amounts of methane gas, one of the strongest greenhouse gas emissions sources. Projects in this group include fixing methane gas leaks, using recaptured methane to power electric generation equipment, and making general efficiency improvements to other specialized equipment.

Further reductions will be achieved through accelerating the purchase of more energy-efficient vehicles, adopting best practices to economize vehicle miles traveled, and improving vehicular management programs. Also, 250- and 150-watt street lighting fixtures will be replaced with models that maintain equal lighting levels, but use one-third less wattage. The city will also expand on-site electricity generation at city facilities. Leading examples of this technology include solar panels and combined heat and power systems known as cogeneration. The city will also adopt energy-efficient technologies in new building construction and explore the use of new technology.

Border Demolition and Environmental Fined for Failure to Notify State of Demolition

The New Mexico Environment Department issued a compliance order to a Texas demolition contractor for failing to notify the department before conducting work related to the demolition of base housing at White Sands Missile Range. The demolition was necessary for a new base housing project.

White Sands hired Border Demolition and Environmental Inc. to clean up asbestos waste uncovered by another contractor at the demolition site. The company failed to notify the department of the work and failed to account for several bags of asbestos waste from the project.

“Asbestos waste can pose health threats to landfill workers or others who come in contact with it,” Environmental Protection Division Director Jim Norton said. “Managers of White Sands Missile Range and contractors of the base were aware of the presence of concrete asbestos pipe at the project site and failed to inform the department of that fact as required by law.”

People who breathe in high levels of asbestos have an increased risk of lung cancer, mesothelioma, and asbestosis. State Air Quality regulations require contractors to determine if asbestos is present in buildings prior to beginning demolition or renovation work. If asbestos if found, contractors must file a demolition/renovation notification form with the department’s Air Quality Bureau before beginning the work.

Other contractors hired for the demolition project uncovered water pipes at the project that contained asbestos and improperly handled the asbestos piping. The other contractors also unlawfully disposed of some of the asbestos waste at the Corralitos Landfill near Las Cruces.

Border Environmental was also responsible for removing the asbestos waste from Corralitos Landfill and taking it to Otero/Lincoln County Regional Landfill, which is permitted to accept asbestos waste. However, the department determined that waste was not accounted for at the Otero/Lincoln County landfill. The department cited Border Environmental for failing to account for five bags of asbestos waste that the company took from the Corralitos Landfill.

White Sands Missile Range and other contractors on the project will also face enforcement actions for failing to provide proper notices and for unlawful handling and disposing of the asbestos waste. The department may fine Border Environmental up to $15,000 per day for failure to file a proper notice and up to $5,000 per day for solid waste violations for failing to account for the asbestos. A specific fine has not yet been determined.

Los Alamos Medical Center Fined $51,250 for Infectious Medical Waste Violations

The New Mexico Environment Department issued an administrative compliance order with a proposed penalty of $51,250 to the Los Alamos Medical Center for violating state Solid Waste Management Regulations by disposing of infectious waste at a local landfill.

The violations stem from waste-screening inspections that determined the hospital disposed of infectious waste—including two human placentas with attached umbilical cords, vials of blood, and needles—at Los Alamos County Landfill in 2006 and 2007.

"The state's solid waste rules are intended to protect the public and workers at solid waste facilities from the effects of potentially harmful and infectious materials," New Mexico Environment Department Secretary Ron Curry said. "Los Alamos Medical Center's failure to properly manage its infectious (waste) is disconcerting and represents a breakdown of necessary operational procedures.”

The department’s Solid Waste Bureau determined during three waste-screening inspections between October and December 2006 and in January 2007 that three truckloads from the hospital contained infectious waste. That waste, which was contaminated or saturated with blood or bloody liquids, also included gauze, bedding, plastic tubing, and a vacuum pump.

The Solid Waste Act and New Mexico Solid Waste Rules bar the hospital from disposing of infectious waste at a landfill. Infectious waste requires treatment or incineration to render it noninfectious before it can be disposed at a landfill.

The hospital, which has 30 days to respond to the order, may request a public hearing. The order requires the hospital to properly manage and dispose of its infectious waste and pay the civil penalty.

Price Chopper Helps Environment With Revolutionary Refrigeration Technology

Price Chopper, an EPA GreenChill partner, unveiled a new CO2 Cascade Refrigeration System in its store on Route 50 in Saratoga Springs, N.Y. This installation condenses CO2 using R-404A and is the first of its kind in North America. It not only helps protect the ozone layer and significantly reduces the supermarket’s contribution to global warming, it is also economically efficient.

“This is a great example of a GreenChill partner taking the lead in developing a more environmentally friendly supermarket,” said Alan J. Steinberg, EPA Regional Administrator. “We’d like to see every supermarket in the nation follow Price Chopper’s example.”

A traditional supermarket refrigeration system contains about 3,000 to 4,000 pounds of the refrigerant HCFC-22, a chemical compound that harms the ozone layer and contributes to global warming when leaked into the atmosphere. The new technology condenses CO2 using R-404A, a refrigerant that EPA has found acceptable as a substitute for ozone-depleting substances.

R-404A is a hydroflurorocarbon blend that does not harm the ozone layer, and its flammability and toxicity risks are low. An added benefit is the lower cost of refrigerant—CO2 is dramatically less expensive than hydrofluorocarbon blends.

This revolutionary refrigeration system significantly reduces the amount of refrigerant used by the refrigeration system, which reduces the supermarket’s impact on the environment. The new system also reduces leaks into the atmosphere of refrigerant by about 97.5%. These reductions are equal to removing more than 160 cars from the road annually or eliminating the electricity of almost 120 homes for one year.

 GreenChill also helps save participants money. To date, estimated savings in operating costs for members equals almost $13 million.

Price Chopper will monitor the efficiency of its new refrigerating system over the next few months. If the system proves as effective as projected, the company plans to use this technology in various other locations.

Idaho Transportation Department to Pay $325,000 for Federal Storm Water Violations

The Idaho Transportation Department (ITD) has agreed to pay $325,000 in stipulated penalties for numerous violations of a Clean Water Act (CWA) Consent Decree.

The 2006 Consent Decree was the result of CWA violations by ITD and its contractor from 2001 to 2003, committed during the "Mica to Bellgrove" Highway 95 realignment project in northern Idaho. In that case, EPA fined ITD and its contractor a total of $895,000 for numerous storm water management problems and resulting discharges that harmed the Mica Creek watershed and violated the terms of EPA's national Construction General Permit.

“The provisions spelled out in the Consent Decree were meant to correct the fundamental, systemic problems that led to our initial case,” said Elin Miller, EPA’s Regional Administrator in Seattle. "The Construction General Permit for storm water is a key tool to preventing water pollution and protecting Idaho’s lakes, rivers, and streams from polluted construction site runoff."

Under the existing Consent Decree, ITD is required to provide storm water training to its personnel, implement new self-inspection protocols, improve communication with its contractors, and submit an annual report to EPA detailing its compliance. In its first annual report submitted in 2007, ITD disclosed a large number of violations from 2006.

The additional penalties are largely related to failure by ITD and its contractors to train environmental personnel in a timely way, failure to conduct self-inspections as required, and failure to document compliance with storm water requirements.

ITD claims it has recently taken corrective actions to try to prevent a repeat of the violations.

Sunoco and EPA Settle Alleged Clean Air Act Violations at Philadelphia Facility

EPA and Sunoco, Inc. (R&M) have agreed to a $200,000 settlement for past clean air violations at Sunoco's chemical manufacturing facility in Philadelphia. This facility is located at Margaret and Bermuda streets in Philadelphia’s Frankford section.

According to EPA, inspections in 2003 and subsequent document reviews found violations of the plant’s Clean Air Act permit and national emission standards for hazardous air pollutants, including regulations of benzene waste and hazardous organic compounds. The alleged violations included failing to 1) meet emission limits, 2) calculate and report emissions correctly, 3) operate certain units in accordance with its permit, 4) implement new requirements for specific vents, 5) keep proper records, and 6) timely recalculate and report the facility’s total annual benzene quantity.

As part of the settlement, Sunoco has agreed to conduct performance tests on specified pieces of equipment to ensure compliance with Clean Air Act regulations. Sunoco has neither admitted nor denied liability for the violations alleged by EPA.

EPA Releases Greenhouse Gas Document for Public Comment



"The ANPR reflects the complexity and the magnitude of the question of whether and how greenhouse gases could be effectively controlled under the Clean Air Act," EPA Administrator Stephen L. Johnson said.

The action is in response to the April 2, 2007, Supreme Court decision in Massachusetts vs. EPA, which found that greenhouse gas emissions could be regulated if EPA determines they cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. With the ANPR, EPA is evaluating the broader ramifications of the decision throughout the Clean Air Act, which covers air pollution from both stationary and mobile sources.

The ANPR solicits public input as EPA considers the specific effects of climate change and potential regulation of greenhouse gas emissions. In the advance notice, EPA presents and requests comment on the best-available science, requests relevant data, and asks questions about the advantages and disadvantages of using the Clean Air Act to potentially regulate stationary and mobile sources of greenhouse gases.

The notice's publication in the Federal Register begins a 120-day public comment period.

Environmental Groups Blast EPA's Refusal to Address Global Warming Pollution

Environmental conservation groups blasted the EPA’s refusal to act to reduce carbon-dioxide pollution before the end of the Bush Administration’s second term. In an "advanced notice of proposed rulemaking" (ANPR), EPA made it clear that it will delay action to address CO2 emissions indefinitely.

Last year, conservation groups Oceana, Friends of the Earth, the Center for Biological Diversity, the Natural Resources Defense Council, and Earthjustice, filed comprehensive petitions to EPA Administrator Stephen L. Johnson, urging the agency to regulate greenhouse gas emissions from two major non-road transportation sources: the shipping and aircraft industries. Their efforts were strengthened by similar petitions filed by the State of California and numerous other states and local governments. Yet to date, the agency has failed to take any meaningful action to respond to these petitions or to address the significant global warming pollution from ships and aircraft.

"It's another example of the Bush administration riding roughshod over our system of checks and balances, hidden behind a thin regulatory veil," said Jacqueline Savitz, senior campaign director for Oceana. "They are blatantly disregarding an order from the Supreme Court."

As federal appeals court judge David S. Tatel recently wrote in a related case, "The EPA has postponed—now indefinitely—deciding whether greenhouse gas emissions endanger public health and welfare, calling into question whether the agency's desire to promulgate regulations. . . is simply an excuse to avoid complying with the statute."

According to information revealed at Congressional hearings as well as in news reports, the EPA found in December that CO2 emissions endanger public health and welfare. Yet there is strong evidence that White House officials blocked publication of EPA staff findings.

"EPA has a legal obligation to issue a meaningful response to the petitions," said Martin Wagner, Earthjustice attorney. "This ANPR is simply the latest in what has become a long series of Bush administration attempts to avoid addressing one of the most serious problems of our time."

Earthjustice filed petitions on behalf of the aforementioned conservation groups with the EPA Administrator on October 3 and December 5, 2007. The 180-day deadline for an administration response to the joint petitions has passed.

"The real world consequences of Bush's stubborn opposition to solutions to global warming will be extinction for the polar bear and thousands of other plants and animals," said Kassie Siegel, climate, air and energy program director for the Center for Biological Diversity. "We can do better, and Americans deserve better than this endless delay."

"We now know that top scientists have found that global warming presents a threat to the health and safety of the American people and that the Clean Air Act gives EPA the tools to protect the public,” said U.S. Senator Barbara Boxer (D-CA), chairman of the Senate Committee on Environment and Public Works. “Special moneyed interests weighed in and lo and behold, today the Bush Administration has essentially ordered EPA to do nothing to address the danger of global warming."

"This means that the Clean Air Act, signed by Richard Nixon and carried out by every President since, has been shredded by President Bush, who will go down in history as the first president to so gravely endanger the health and safety of the American people," Boxer added.

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Trivia Question of the Week

When you process a ton of gold ore, you will get about 5 grams of pure gold. When you process a ton of discarded cell phones, you will recover approximately how much gold?

a. 10 grams
b. 100 grams
c. 150 grams
d. 150 pounds