This revision was made in response to formal comments received from multiple stakeholders outlining challenges faced by the regulated community in fully implementing the provisions of the final rule in conformance with the February 6, 2015, mandatory compliance date. The original compliance date of February 6, 2015, remains in place for offering, accepting, and transporting by aircraft.
Learn DOT’s New Rules for Lithium Battery Shipments
- Enhance packaging and hazard communication requirements for lithium batteries transported by air
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
- Revise the exceptions for small cells and batteries in air transportation
- Revise the requirements for the transport of lithium batteries for disposal or recycling
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries, as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
Houston RCRA and DOT Training
Indianapolis RCRA, DOT, IATA/IMO, and SARA Training
San Antonio RCRA and DOT Training
Turn Your Smartphone into a Real-time Pollution Monitor
When local pollution levels go up, the associated health risks also increase, especially for children and seniors. But air pollution varies widely over the course of a day and by location, even within the same city.
Mark J. Nieuwenhuijsen and colleagues note that many studies have investigated people’s exposure to air pollution, which is associated with respiratory and cardiovascular problems. But they usually create a picture of exposure based on air pollution levels outside people’s homes. This approach ignores big differences in air quality in school and work environments. It also ignores spikes in pollution that happen over the course of the day such as during rush hour. Nieuwenhuijsen’s team wanted to test technology’s ability to fill in these gaps.
The researchers equipped more than 50 school children with smartphones that could track their location and physical activity. The children also received sensors that continuously measured the ambient levels of black carbon, a component of soot. Although most children spent less than 4% of their day traveling to and from school, commuting contributed to 13% of their total potential black carbon exposure. The researchers conclude that mobile technologies could contribute valuable new insights into air pollution exposure.
Four Northwest Companies Cited for EPCRA Violations, Fines Total $166,555
The companies have agreed to correct the violations and pay the fines.
Two of the companies (Stack & Dickinson) violated the hazardous chemical release reporting requirements of EPCRA and CERCLA by failing to report releases of ammonia—in a timely manner—for releases at each facility that were over EPA’s established 100 lb reportable quantity (RQ) for ammonia. The two other companies (Apple King & Wind Flow) violated EPCRA’s Tier II hazardous chemical inventory reporting requirements. The four companies collectively paid $166,555 in penalties as part of the settlements.
“First responders and communities depend on accurate chemical storage information and quick release reporting when accidents occur,” said Kelly McFadden, manager of the Pesticides and Toxics unit in the EPA Seattle office. “These laws are designed to ensure that responsible emergency preparedness, diligent record-keeping and quick reporting will help minimize health risks if the unthinkable happens.”
The law’s passage followed the 1984 disaster in Bhopal, India, where a methyl isocyanate release killed or severely injured more than 3,000 people.
Here’s a snapshot of each settlement:
Stack Metallurgical Services, Inc. (Portland, OR) – EPCRA 304/CERCLA 103
On July 29, 2014, Region 10 settled with Stack Metallurgical Services, Inc., for EPCRA and CERCLA violations. On October 20, 2013, the company released 412 lb of anhydrous ammonia and failed to immediately notify federal and state authorities. EPCRA Section 304 and CERCLA Section 103 require companies to immediately report CERCLA hazardous substance and EPCRA extremely hazardous substance releases that exceed EPA’s listed reportable quantity (RQ). The company agreed to pay a $17,710 penalty.
Dickinson Frozen Foods, Inc. (Sugar City, ID) – EPCRA 304/CERCLA 103
On December 5, 2014, Region 10 settled with Dickinson Frozen Foods, Inc., for EPCRA Section 304 and CERCLA Section 103 violations. On February 15, 2014, the company released 500 lb of anhydrous ammonia and failed to immediately notify federal and state authorities. The company agreed to pay a $20,150 penalty.
Apple King, LLC (Yakima, WA) – EPCRA 312
On January 28, 2015, Region 10 settled with Apple King, LLC for EPCRA Section 312 violations for failing to file a Tier II Hazardous Chemical Inventory Report for four years for the anhydrous ammonia present at the facility at the federal threshold reporting amount. EPCRA Section 312 requires companies to file a hazardous chemical inventory report with the State Emergency Response Commission, the Local Emergency Planning Committee, and the local fire department each year by March 1st. The company agreed to pay a $65,709 penalty.
Wind Flow Fertilizer Inc. (Mattawa, WA) – EPCRA 312
On January 15, 2015, Region 10 settled with Wind Flow Fertilizer, Inc., for EPCRA Section 312 violations for failing to file a Tier II Hazardous Chemical Inventory Report for two years for aldicarb, paraquat dichloride, and 24 other chemicals present at the facility at federal threshold reporting amounts. The company agreed to pay a $62,985 penalty.
New York Proposes Legislation Banning Plastic Microbeads in Commonly Used Cosmetics
New York Attorney General Eric T. Schneiderman has submitted to the legislature leadership a program bill that bans a form of plastic pollution that is an emerging threat to New York waters. The Attorney General’s Microbead-Free Waters Act, first proposed last year, will prohibit the sale in New York of beauty and cosmetic products that contain tiny plastic particles that are often marketed as microbeads. The plastic beads, which have been found in alarmingly high levels in the New York waters of Lake Erie and Lake Ontario as well as in the Finger Lakes and other waters, can persist in the environment for centuries and accumulate toxic chemicals on their surface, threatening fish, wildlife, and public health. Last May, Attorney General Schneiderman released a report documenting the threat posed by microbeads, and finding that 19 tons of microbeads are potentially being discharged into New York’s wastewater stream each year. More recent studies have documented the presence of microbeads in the Finger Lakes and other New York waters as well.
“From the Great Lakes to the Finger Lakes to the Long Island Sound, we have a profound responsibility to restore and protect New York’s waters,” said Attorney General Schneiderman. “This common-sense legislation will stop the flow of plastic pollution from ill-designed beauty products into our vital waters, preserving our natural heritage for future generations.”
The Microbead-Free Waters Act would prohibit the production, manufacture, distribution, and sale in New York of any beauty product, cosmetic, or other personal care product containing plastic particles less than 5 millimeters in size. Microbeads are commonly found in more than 100 products, including facial scrubs, soaps, shampoo, and toothpaste, where they replace ground walnut shells, sea salt, and other natural materials as an abrasive. The bill was greeted by widespread expressions of support from the environmental advocacy community across New York State.
In addition to Attorney General Schneiderman’s push at the state level, US Senator Kirsten Gillibrand has also introduced legislation to ban microbeads in personal care products nationwide.
“When plastic microbeads leach into our water, they attract toxins that harm fish and birds and get passed on to humans,” said US Senator Kirsten Gillibrand. “We need to protect New Yorkers, our water, and our wildlife from dangerous pollutants and damage caused by microbeads. I am fighting to ban microbeads at the federal level and I support the push Attorney General Scheiderman is leading to ban them in New York State.”
When products containing microbeads are used in the home, the beads are rinsed down the drain and into our sewer systems. Because of their small size and buoyancy, microbeads escape treatment by sewage plants and are discharged into rivers, lakes, and oceans.
In 2012, a team of researchers that included scientists from the State University of New York at Fredonia discovered alarming levels of microbeads in Lake Superior, Lake Huron, and Lake Erie, averaging more than 466,000 piece of microplastic per square kilometer. Half of all plastics collected on the surface of Lake Erie were the perfectly spherical, multi-colored beads identical to the microbeads used in beauty products. A subsequent study found up to 1.1 million particles of microplastic per square kilometer in Lake Ontario. And, samples collected last November have confirmed the presence of microbead pollution in other New York waters: Cayuga Lake, Oneida Lake, the Erie Canal, and Mohawk River.
Once in the water, microbeads, like other plastics, can attract and accumulate certain toxic chemicals commonly found in waters across the state, and can be mistaken as food by small fish and wildlife. Scientific studies have shown that fish and wildlife of all sizes consume plastic. In addition, environmental pollution found in Great Lakes waters, such as PCBs (the industrial pollutant polychlorinated biphenyls), gravitate and attach to the surface of plastic. If fish and wildlife species low on the food chain eat these contaminated plastics, the chemicals might be passed on to larger birds, fish, and other animals that are eaten by people.
Several leading beauty product manufacturers—Colgate-Palmolive, Johnson & Johnson, L’Oreal, Proctor and Gamble, and Unilever—have made commitments to phase out the use of microbeads in their products. Other companies, such as Burt’s Bees, have never used these plastics in their products. Consumers can determine if their beauty or personal care products contain microbeads by checking the product ingredient list for polyethylene or polypropylene.
US Department of State and EPA Launch Partnership to Improve Air Quality Data
Air pollution is a serious and growing health threat worldwide, yet in many areas, real-time air quality data is not available. The US Department of State and EPA recently signed a statement of intent to launch a new partnership between the agencies and US diplomatic missions overseas. The partnership will enhance the availability of outdoor air quality data and expertise at a number of US diplomatic missions. The US Department of State has a keen interest in providing sufficient air quality information to US citizens and government personnel overseas to empower them to make informed health decisions.
A key feature of the partnership is expanding EPA’s existing AirNow system to include data from participating US embassies overseas. AirNow publicly shares air quality data, enabling viewers to reduce their exposure to poor quality air.
In the US, we are fortunate to have state and local officials with considerable experience in developing and implementing programs to monitor, improve, and meet air quality standards. A new fellowship program will enable US technical experts to visit participating diplomatic missions to help transfer skills and build capacity for air quality monitoring data analysis and maintenance. These visits will also include the opportunity for training and exchanges with the host governments and other participants.
This partnership reflects efficient use of government resources and a whole-of-government approach to diplomacy. It not only helps us better protect the health of our personnel overseas, but also contributes to the global scientific community and President Obama’s Open Government Initiative.
$612,338 Penalty Upheld for Hazardous Waste Violations at Chem-Solv
In a January 26, 2015, Final Decision and Order, the EAB upheld in its entirety the 2014 Initial Decision made by a EPA Chief Administrative Law Judge (ALJ), and ordered respondents to pay the full, original $612,338 civil penalty.
The chemical distribution facility—operated by Chem-Solv, Inc., and owned by Austin Holdings-VA, L.L.C.—handles and distributes various chemicals, including alcohols, acids, caustics, mineral oils, surfactants, glycols, and solvents.
“EPA takes seriously our obligation to protect people’s health and safeguard communities by assuring compliance with the nation’s environmental laws,” said EPA Regional Administrator Shawn M. Garvin. “This final decision and order affirms the due diligence we took in pursuing an enforcement action to address hazardous waste violations that put the public’s health and environment at risk.”
In its 2014 appeal, Chem-Solv raised four issues questioning the ALJ’s determination that:
- The company had impermissibly operated a hazardous waste storage tank regulated under the Resource Conservation and Recovery Act (RCRA)
- A leaking chemical drum contained a solid waste rather than a useful product
- The company had failed to make required hazardous waste determinations for materials in the storage tank and for certain aerosol paint cans
- Whether the ALJ demonstrated bias against the Chem-Solv in the underlying decision
In its January 26, 2015, Final Decision and Order, the EAB found that the ALJ’s Initial Decision was “supported by a preponderance of the evidence” and that Chem-Solv’s allegations that the ALJ exhibited bias were “without merit.” The EAB found “no evidence of bias in the record” and noted how the ALJ’s Initial Decision “thoroughly explain[ed] why she found each witness’ testimony credible or not, and cited to other facts in the record upon which she relied in reaching her decision.”
The EAB ordered full payment of the civil penalty within 30 days and let stand the ALJ’s original compliance order requiring the company to comply with applicable RCRA hazardous waste tank closure requirements.
EPA Issues Federal Greenhouse Gas Permit in Texas
EPA recently issued the final federal greenhouse gas (GHG) permit in the state of Texas. EPA has completed processing all submitted federal GHG permit applications, with the remaining applications transferred to the Texas Commission on Environmental Quality (TCEQ).
“We have worked with Texas and Texas businesses to issue over 60 GHG permits, creating well over 20,000 jobs and bringing over $24 billion in projects to the Texas economy,” said Regional Administrator Ron Curry. “I am proud of our team’s innovation and tireless effort to achieve this important milestone.”
On October 31, 2014, EPA announced both its approval of the state’s air plan and the withdrawal of the federal air plan, making TCEQ the primary GHG permitting authority in Texas. EPA and TCEQ worked closely with pending permit applicants during the transition period and ensured no unnecessary project delays result from this action.
The final GHG construction permit was issued to South Texas Electric Cooperative (STEC), allowing the company to build a new power plant near Edinburg, Texas. The facility will be an electric generating station used during periods of increased demand for electricity. When completed, the facility’s 12 new natural gas-fired engines will provide a fast ramp-up for electricity generation at a capacity of approximately 225 MW. The project will bring a $200 million investment and is anticipated to add approximately 250 temporary and 29 permanent jobs to the McAllen area.
In June 2010, EPA finalized national GHG regulations, which specify that beginning January 2, 2011, projects that substantially increase GHG emissions require an air permit. In Texas alone, EPA has received 93 GHG permit applications since 2011.
World Resources Company Fined Nearly $40,000 for Improper Shipment of Hazardous Wastes
EPA has fined World Resources Company, of Tolleson, Arizona, $39,900 for violations of hazardous waste laws. World Resources uses manufactured residues to produce metal concentrates and ships materials to smelters for industrial applications.
Michael C. Fina Co Fined Over a Quarter-Million Dollars for Improper Cleanup Actions at Massachusetts Site
Under a court order, the New York City-based Michael C. Fina Co., must pay $265,000 in penalties and fees for failure to adequately address historical releases of chlorinated solvents at the former Kent Silversmith plating facility in Taunton, Massachusetts. The court order also requires that the company and its environmental contractor perform a timely assessment and cleanup at the site, as required under state waste site cleanup regulations.
The complaint in the case alleged that the characterization of contaminants at the site was insufficient and that the numerous applications of remedial additives into the soil and groundwater at the site were excessive, resulting in the spread of solvent-contaminated groundwater and the intrusion of solvent vapors into several nearby residences. Remedial additives are chemicals used to treat and remove contaminants in the groundwater.
“Excessive use of a cleanup additive transformed a treatment process into something harmful, and the project went from treating the problem to driving it away from the original site and onto adjacent properties,” said Phil Weinberg, director of the Massachusetts Department of Environmental Protection’s (MassDEP) Southeast Regional Office in Lakeville.
Actions to restore the site were first initiated by Fina in 1993—that from 2000–2010 involved the use of remedial additives to help clean up solvent contamination in the soil and groundwater. However, use of remedial additives was suspended after MassDEP conducted an audit of the work in July 2010, after which Fina was required to conduct an assessment of the potential of vapor intrusion into adjacent residences.
Contaminants associated with the site were detected in the indoor air of several homes as a result of the assessment and MassDEP required immediate response actions to be undertaken by Fina to address the solvent vapor intrusion into the residences. Groundwater contamination was also determined to be more widespread than indicated by previous environmental assessments.
MassDEP identified numerous regulatory violations as a result of the site audit and referred the enforcement case to the Massachusetts Attorney General’s (AG) Office. The AG’s Office filed the court complaint against Fina for the various alleged violations that occurred during the performance of environmental response actions.
The court order requires Fina to pay a $205,000 penalty to the Commonwealth and reimburse MassDEP $60,000 for past site cleanup costs. The judgment also establishes deadlines for the completion of various cleanup actions required by the regulations over 23 months, culminating with the filing of a permanent or temporary cleanup solution no later than December 31, 2016.
Owner of Metal Plating Company Pleads Guilty to Criminal Charges, Closes Business
. On behalf of her business, Electro-Forming, Co., Patigler pleaded guilty to an additional four felony counts.
Patigler also faces three years in jail if she does not immediately close the business, located in Richmond, California.
Patigler faces three years in jail if she does not comply with the conditions of her five-year probation. In addition to immediately ceasing operation of her company, those conditions include cleanup of the business including removal of all hazardous materials, waste, and equipment; not engaging in any type of business that generates hazardous waste; and completing 200 hours of community service. She was ordered to pay $50,000 in criminal fines, and Electro-Forming, Co., was ordered to pay $250,000 in criminal fines. In addition, Patigler and the company are liable for $228,424 in restitution to DTSC.
“Our enforcement partnership with the Contra Costa County District Attorney stopped this toxic menace to the local community,” said Reed Sato, Chief Counsel for DTSC, “DTSC initiates criminal enforcement actions to protect citizens and show toxic violators that there are serious consequences from mishandling hazardous wastes.”
The February 18, 2015, sentencing of Patigler and her agreement to close the facility is the culmination of an investigation begun in 2012 by DTSC’s Office of Criminal Investigations. DTSC worked with the Contra Costa County District Attorney’s Office, the Contra Costa County Environmental Health Services Hazardous Materials Unit, Richmond City Fire Department, Alameda County District Attorney’s Office, and the Contra Costa County Central Sanitation District.
“This criminal resolution achieves our goal of holding Marion Patigler and her company Electro- Forming, Co., accountable for their conduct as well as protecting the public and the environment,” said Contra Costa County District Attorney Mark Peterson.
Panel Affirms Michigan Disposal Standard for Low-activity Radioactive Waste
Governor Rick Snyder directed the MDEQ in August 2014 to assemble a panel to provide a technical review of Michigan’s disposal guidelines for Technologically Enhanced Naturally Occurring Radioactive Materials, or TENORM, to ensure protection of public health and the environment. Established in 1996, Michigan’s standard of 50 picoCuries per gram (pCi/g) of Radium-226 was reaffirmed in 1999 by a US Department of Energy study.
In addition to confirming Michigan’s 50 pCi/g disposal guideline for all landfills, the TENORM Disposal Advisory Panel also suggested hazardous waste landfills may have adequate protections to allow for higher concentrations.
Other recommendations included requiring landfills to place TENORM waste at least 10 feet below the bottom of the landfill cap, restricting the annual total volume of TENORM waste received at landfills to minimize worker exposure, requiring landfills to monitor leachate and groundwater for Radium-226, and developing regulatory guidelines for the safe handling of TENORM contaminated with Lead-210.
The TENORM Disposal Advisory Panel investigated current federal and state standards, changes to risk methodology since the 1990s, the nature of how TENORM decays over time, methods of modeling dose assessments to workers and the public, and the design and operation of landfills.
California Air Resources Board Considers Improved Clean Fuels Regulation
The California Air Resources Board held the first of two public hearings to consider re-adoption of California’s groundbreaking Low Carbon Fuel Standard (LCFS). The LCFS is a GHG emission reduction regulation designed to help achieve the AB 32 goal of reducing California’s carbon dioxide emissions back to 1990 levels by 2020.
The proposal strengthens the LCFS regulation adopted in 2009, and is the product of a year-and-a-half long public process. It still requires the carbon intensity of transportation fuels be reduced 10% by 2020. But it contains new provisions designed to foster investments in the production of fuels with lower carbon intensity, offer additional flexibility to regulated parties, and streamline program operations. A number of businesses that produce innovative low carbon fuels testified in support of the proposal.
“The LCFS continues to play a critical role in California’s transition to cleaner fuels,” said Air Resources Board Executive Officer Richard Corey. “It is fostering investments that benefit California, help to reduce emissions of greenhouse gases as well as toxic pollutants, and provides consumers with more clean fuel choices.”
The Board is scheduled to vote on re-adoption of the regulation later this year after Air Resources Board staff finish revisions to the proposal.
Risk and Technology Review for Pulp and Paper Combustion Sources NESHAP
Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to conduct risk assessments on each source category subject to maximum achievable control technology (MACT) standards, and to determine if additional standards are needed to reduce residual risks, to be completed 8 years after promulgation.
Section 112(d)(6) of the CAA requires EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes, and control technologies, to be done at least every 8 years. The National Emission Standards for Hazardous Air Pollutant (NESHAP) for the Pulp and Paper Combustion Sources (Subpart MM) was promulgated in 2001 and also has not been reviewed.
To address these requirements, EPA expects to issue a Notice of Proposed Rulemaking by November 2016.
Eight More Charged in New Jersey DEP’s Crackdown to Combat Illegal Dumping on State Lands
New Jersey State Park Police have charged another eight people in the Department of Environmental Protection’s (DEP) continuing crack down on illegal dumping in state parks and recreational lands.
The DEP’s “Don’t Waste Our Open Space” campaign was launched in March 2014. Investigations of illegal dump sites on state properties by State Park Police, Division of Fish & Wildlife’s Conservation Officers, and DEP’s Compliance & Enforcement personnel has so far resulted in 36 arrests or charges.
The program is a coordinated effort of a host of DEP programs, including Parks, Fish & Wildlife, Solid Waste, Water Resources, State Forestry Services, and the Natural Lands Trust. All activities of this new effort are posted on www.stopdumping.nj.gov, a website that serves as a hub for the entire program.
“As we approach the one year mark of this important and productive initiative, we continue to seek out these illegal dumpers who have no regard for the environment, wildlife and people who enjoy the outdoors” Commissioner Martin said. “Those who are caught illegally dumping on our properties should know that their actions will have consequences.”
Recent enforcement actions for the illegal dumping initiative include:
- Andrew Carter, charged with illegal dumping and illegal transporting of solid waste after a dump site consisting of construction material, worksite debris, and household trash was discovered in Wharton State Forest. Carter faces a maximum fine of $15,000.
- Pawel Klos, charged with illegal dumping after an investigation of a construction debris dump site in D&R Canal State Park. Klos faces a maximum fine of $5,000.
- Dylan Nowakowski, charged with illegal dumping after disposing of construction and household debris in Allamuchy State Park. Nowakowski pled guilty and will pay $1,466 in fines.
- Drew Dash, charged with disposal and transportation of solid waste after several bags of trash and personal belongings were found at Wharton State Forest. Dash faces a maximum fine of $15,000.
- James Cassady, charged with illegal dumping after a Burlington County Park Ranger witnessed him dumping yard debris in Rancocas State Park. Cassady faces a $1,000 fine.
- Dylan Scarpone and Christopher Ederer, separately charged with illegal dumping on Waterloo Valley Road in Mount Olive Township. Both pled guilty in Mount Olive Court and will pay $283 in fines.
- Deanna Cottle, charged with illegal dumping after being captured on surveillance photos dumping leaves on three separate occasions in the White’s Bog section of Brendan Byrne State Forest. Cottle pled guilty and will pay a $283 fine.
The “Don’t Waste Our Open Space’’ campaign incorporates strict enforcement of illegal dumping practices, while raising awareness of the problem through outreach and education. Strategically deployed motion-sensor cameras have been set up in select state parks and wildlife management areas to help nab violators. Information on arrests and charges filed in connection with illegal dumping will be posted on www.stopdumping.nj.gov.
The DEP is being aggressive in its pursuit of civil and criminal complaints against violators with penalties for illegal dumping in state parks and in fish and wildlife areas including criminal fines of up to $5,000 per violation and civil penalties of up to $1,500 per violation. In addition, the state also will seek much stiffer penalties for major violations through the Solid Waste Management Act, which authorizes the DEP and county health departments to initiate civil actions for illegal dumping violations.
Pennsylvania DEP Enhances Advisory Role in Conventional Oil and Gas Regulation Development
Pennsylvania’s Department of Environmental Protection (DEP) has announced a newly formed Conventional Oil and Gas Advisory Committee () to increase transparency and communication about regulating the conventional oil and gas drilling industry.
“Creating this advisory committee will increase dialogue between DEP and the regulated community as well as broaden the interests we hear from,” Acting DEP Secretary John Quigley said. “Improving communication between all stake holders and our department will foster stronger environmental safeguards in the future.”
COGAC will advise DEP on matters related to conventional oil and gas extraction practices and regulations and will be structured similarly to DEP’s existing Oil and Gas Technical Advisory Board.
Nominations are being accepted for COGAC. Persons interested in nominating a committee member should send their full name, title, affiliation, address, email, and telephone number and their nominee’s resume to Todd Wallace of the Office of Oil at Gas Management at: Rachel Carson State Office Building, PO Box 2063, Harrisburg, PA 17105-2063 or twallace@pa.gov. Nominations will be accepted through March 3.
Rolling Frito-Lay Sales Fined $8,173 for Stormwater Violations
Specifically, the company only monitored for nine benchmark pollutants at Outfall #4 on three occasions during the 2013–14 monitoring year, and for pH at Outfalls #1 and #4 on three occasions during the year. The permit requires monitoring for these pollutants all four of outfalls on four occasions during the year.
Without monitoring, the company, DEQ and the public are unable to evaluate the effectiveness of stormwater controls in protecting water quality and public health. In December 2013, Rolling Frito-Lay Sales paid a $4,200 civil penalty for failing to conduct required iron monitoring of its stormwater during the 2012–13 monitoring year. Rolling Frito-Lay Sales has appealed the penalty.
Washington Announces Environmental Penalties for 4th Quarter 2014
The Washington Department of Ecology (Ecology) issued $113,280 in penalties of $1,000 or more for October through December of 2014.
Ecology works with thousands of businesses and individuals to help them comply with state laws. Penalties are issued in cases where non-compliance continues after Ecology has provided technical assistance or warnings, or for particularly serious violations.
The money owed from penalties may be reduced from the issued amount due to settlement or court rulings. Funds collected go to the state’s general fund or to dedicated pollution prevention accounts.
Ecology strives to protect, preserve, and enhance Washington’s environment and promote wise management for current and future generations. When someone pollutes Washington’s air, land, or waters, Ecology enforces state and federal regulations in hopes of changing behavior and deterring future violations.
Cleaner Electricity will be More Reliable, NRDC Expert Says
The Obama administration’s Clean Power Plan (CPP) to cut dangerous carbon pollution from power plants is “an opportunity to both reduce air pollution and to build a more reliable, modern energy system,” an expert for the Natural Resources Defense Council (NRDC) says.
The CPP will pose no risks to the reliability of the electric grid, contrary to some industry allegations, according to John Moore, a senior attorney with NRDC’s Sustainable Federal Energy Regulatory Commission (FERC) Project.
The CPP, proposed by the EPA last year and due to be finalized this summer, would cut the climate-altering carbon pollution from power plants by 26% in 2020 and 30% in 2030, compared to 2005 levels. It would set flexible, state-by-state pollution reduction goals, and allow a variety of means to achieve the pollution cuts, including more use of renewable energy like wind and solar, and programs to cut electricity waste.
While the coal industry has charged that the plan would lead to blackouts and outages, Moore says such fears are unfounded. “The CPP will not create unusual or unique challenges for grid operators,” he says, citing the plan’s flexibility and its decade-long period to comply with the final standards. “Experience shows that the system is capable of accommodating a range of environmental standards and requirements while maintaining reliability.”
“There is more renewable energy flowing through the power grid today than ever before. At times wind has supplied more than 60 percent of the electricity on some utility systems without reliability problems,” he notes in his testimony. “Solar power now routinely contributes 10 to 15 percent of the midday electricity demand in California.”
He says that the CPP contains a number of flexible provisions to cope with any potential reliability problems. Further, if a state still runs into difficulty meeting the targets, EPA has the authority to adjust the state’s compliance timetable.
Moore also notes that EPA’s plan has set a modest goals path consistent with most states’ current plans to shift toward cleaner power. “The electric system is already in the process of transitioning towards more natural gas and renewable generation,” he says. “Economic pressures from falling natural gas prices, new environmental standards and other factors have resulted in a decrease in coal generation from 49 percent in 2007 to 39 percent in 2013, while maintaining the reliability of the grid.”
Moore says the states, utilities, and grid operators must engage in a timely and thorough planning process to ensure a smooth adjustment. He encouraged states to use the option they have under the EPA plan to employ regional pollution-cutting strategies, which could lower the cost while maintaining reliability.
The NRDC’s Sustainable FERC Project is a coalition of environmental and other public interest organizations, housed within NRDC, that is working to expand the deployment of clean energy resources into America’s electricity transmission grid.
Free New Hampshire Small Business Environmental and Safety Workshop
The New Hampshire Department of Environmental Services and WorkWISE NH is offering the New Hampshire small business community a free, half-day educational workshop. This workshop will provide presentations on hazardous waste management for small quantity generators, air emissions for minor sources, and health and safety topics for small businesses.
Participants will review universal waste management, used oil requirements, emergency generator registration, volatile organic compound calculations, new OSHA reporting requirements, and how to survive an OSHA inspection.
The Small Business Environmental Workshop is scheduled for Monday, March 9 from 8:30 am to 12:00 pm at the Department of Environmental Services, 29 Hazen Drive in Concord. The event is free, but pre-registration is required. Please register early as seating is limited.
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Trivia Question of the Week
If a facility changed ownership in 2014, who is responsible for submitting the Tier II report due March 1, 2015?
a) Only the owner/operator in possession of the facility at the beginning of 2014
b) Only the owner/operator in possession of the facility at the end of 2014
c) Both the first and second owner/operator must file a Tier II report for their 2014 ownership period
d) If the approval of the the State Emergency Response Commission is obtained, one combined report capturing all the reportable information for 2014 may be filed
e) Both c and d
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