The US Department of Transportation's Pipeline and Hazardous Materials Safety Administration has issued a final rule that maintains alignment with international hazmat transportation standards and issued a notice requesting comments about the transport of lithium batteries.
- Extends authorization to ship packages marked “Consumer Commodity ORM-D” through December 31, 2020, for domestic highway, rail, and vessel transportation. The original phase-out date for these markings was December 31, 2015.
- Extends expiration date of the old square on point limited quantity markings with identification numbers to January 1, 2015
- Revises requirements for absorbents and package stack testing for consumer commodities shipped by air
- Provided relief from incident reporting for consumer commodities
- Revised overpack marking requirements for consumer commodities
- Extends the Materials of Trade exemption to include certain consumer commodities
- Amends recordkeeping requirements to require that a person who sells or transfers a packaging, or closes and offers a package for transportation, must retain the manufacturer notification (including closure instructions) for a period of 90 days once the package is offered to the initial carrier. Shippers must retain package manufactures instructions for one year from the date of shipment. Subsequent downstream offers of a filled and otherwise properly prepared unaltered package are not required to maintain manufacture instructions.
- Clarifies the requirements for shipping fire extinguishers as limited quantities
The primary benefit of harmonizing the HMR is that it reduces regulatory compliance costs faced by US companies and facilitates international commerce. The changes include:
- New and revised proper shipping names, hazard classes, packing groups, special provisions, and related requirements for several hazardous materials
- New entries on the hazardous materials table for chemicals under pressure
- An exception for the transportation of aircraft batteries aboard passenger carrying aircraft
- Revised vessel stowage requirements
- New minimum size requirements for the UN and NA markings on packages, and exceptions for certain reusable packages
- Authorization of wood packaging for certain explosives
- Adoption of a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Packages
According to DOT, these actions ensure the continued transportation of hazardous materials in international commerce by aircraft and vessel when these international standards become effective on January 1, 2013. The net benefits of the final rule are estimated to be $62 million per year.
PHMSA is seeking public input on HM-224F, the Transportation of Lithium Batteries, to determine whether the International Civil Aviation Organization (ICAO) requirements for the air transport of lithium cells and batteries, which were incorporated in HM-215L, should be applied to domestic flights.
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What do Cyborgs, Shale Gas, and TSCA Reform Have in Common?
What were the most notable advances in the chemical world in 2012? It also provides a reality check on discoveries that seemed promising a decade ago.
In “Research Year in Review,” which focuses on 11 key developments, C&EN cites several advances in integrating man and machine in efforts to combine electronics with living tissue, developments that the story says were foretold in fictional cyborgs and characters, such as Data—the humanlike android on Star Trek: The Next Generation. Among the magazine’s other picks for key 2012 advances: an easier way to make the mainstay antimalarial compound artemisinin, new laser tools for chemical analysis, designing proteins from scratch and innovative membrane technology that unmixes oil and water.
A second story in the package examines the year past for the chemical industry, including many setbacks for companies, especially in in Europe, and big positive developments for the US brought by shale gas. Another story considers government and policy topics, including congressional activity in tackling key science issues, such as climate change, energy policy, and attempts to reform the Toxic Substances Control Act. The cover package concludes with a retrospective on what research discoveries from 2002 are making a big impact today, and which have lost some luster.
Companies Caught Selling Illegal Pesticides
EPA has issued legal complaints against two companies, the Daifuku Trading Corp., of Englewood, New Jersey and the Everyday Group of Brooklyn, New York, for selling unregistered pesticides. Both companies face penalties for violating federal pesticides law. Daifuku faces additional fines for making false and misleading statements on one of its pesticide products, for not properly labeling six products, and for the improper importation of pesticide products. Under federal law, products used to kill pests must be registered with the EPA and contain labels written in English with instructions on their proper use.
"When stores sell illegal pesticides, the health and safety of people are put at risk," said EPA Regional Administrator Judith A. Enck. "Unless pesticide products are registered with the EPA and have the required EPA labels, they should not be sold. Store owners should protect the health of their customers and remove any unregistered pesticides from their shelves immediately."
EPA inspections of the Daifuku Trading Corp.’s stores in Flushing, New York, and Englewood, New Jersey, revealed that the company was selling unregistered and misbranded pesticide products, including insect repellents, laundry detergents and disinfectants. In addition, Daifuku failed to notify the EPA it was importing pesticide products into the US, also a violation of federal pesticide law.
EPA inspections of the Everyday Group’s Brooklyn offices and a Kearny, New Jersey, warehouse revealed the company was selling pesticide products that had not been registered with the EPA to stores throughout the New York City area. Among the products were mothballs imported from China that could be easily mistaken for candy. This product, called Fuji Lavender Moth Tablets, contained an active ingredient called para-dichlorobenzene, which is a toxic chemical.
Pesticides have been linked to various forms of illnesses in people, ranging from skin and eye irritation to cancer. Some pesticides may also affect the hormone or endocrine systems. In many situations, there are non-chemical methods that will effectively control pests. The EPA recommends the use of alternative methods as part of an overall pest management strategy.
Before a pesticide product is registered, the producer of the product must provide data from tests conducted according to EPA guidelines to ensure that the product will not be harmful to people’s health. The EPA examines the ingredients and the way in which the product will be used, and assesses a wide variety of potential human health and environmental effects associated with its use. Distributors and retailers are responsible for ensuring that all pesticides distributed and sold fully comply with the law.
Federal pesticide law additionally requires the filing of a Notice of Arrival prior to the arrival of all imported pesticides into the United States. Companies must submit detailed information on the Notice of Arrival form to allow the EPA to determine if the pesticide is approved for use in the United States or meets one of the few allowable exemptions. Products not registered with the EPA for use in the United States are denied entry and destroyed by US Customs and Border Protection, or immediately exported back to their country of origin under Customs supervision.
Transocean Pleads Guilty to Environmental Crimes in Deepwater Horizon Disaster
Transocean Deepwater, Inc., has agreed to plead guilty to violating the Clean Water Act (CWA) and to pay a total of $1.4 billion in civil and criminal fines and penalties, for its conduct in relation to the Deepwater Horizon disaster, the Department of Justice announced recently. The criminal information, and a proposed partial civil consent decree to resolve the US government’s civil penalty claims against Transocean Deepwater, Inc., and related entities were filed in US District Court in the Eastern District of Louisiana.
Transocean Deepwater, Inc., has signed a cooperation and guilty plea agreement with the government, also filed, admitting its criminal conduct. As part of the plea agreement, Transocean Deepwater, Inc., has agreed, subject to the court’s approval, to pay $400 million in criminal fines and penalties and to continue its on-going cooperation in the government’s criminal investigation. In addition, pursuant to the terms of a proposed partial civil consent decree also lodged with the court, Transocean Ocean Holdings, LLC, Transocean Offshore Deepwater Drilling, Inc., Transocean Deepwater, Inc., and Triton Asset Leasing GMBH have agreed to pay an additional $1 billion to resolve federal CWA civil penalty claims for the massive, three-month-long oil spill at the Macondo Well and the Transocean drilling rig Deepwater Horizon. Under the civil settlement, the Transocean defendants also must implement court-enforceable measures to improve the operational safety and emergency response capabilities at all their drilling rigs working in waters of the United States.
“This resolution of criminal allegations and civil claims against Transocean brings us one significant step closer to justice for the human, environmental, and economic devastation wrought by the Deepwater Horizon disaster,” said Attorney General Eric Holder. “This agreement holds Transocean criminally accountable for its conduct and provides nearly a billion dollars in criminal and civil penalties for the benefit of the Gulf states. I am particularly grateful today to the many Justice Department personnel and federal investigative agency partners for the hard work that led to today’s resolution and their continuing pursuit of justice for the people of the Gulf.”
“Today’s settlement and plea agreement is an important step toward holding Transocean and those responsible for the Deepwater Horizon disaster accountable,” said Cynthia Giles, assistant administrator for the EPA Office of Enforcement and Compliance Assurance. “EPA will continue to work with DOJ and its federal partners to vigorously pursue the government’s claims against all responsible parties and ensure that we are taking every possible step to restore and protect the Gulf Coast ecosystem.”
“Transocean’s rig crew accepted the direction of BP well site leaders to proceed in the face of clear danger signs—at a tragic cost to many of them,” said Lanny A. Breuer, assistant attorney general for the Justice Department’s Criminal Division. “Transocean’s agreement to plead guilty to a federal crime, and to pay a total of $1.4 billion in criminal and civil penalties, appropriately reflects its role in the Deepwater Horizon disaster.”
“The development and exploration of a domestic source of energy is vitally important, and it can and must be done in a responsible and sound manner. This unprecedented settlement under the Clean Water Act demonstrates that companies will be held fully accountable for their conduct and share responsibility for compliance with the laws that protect the public and the environment from harm,” said Ignacia S. Moreno, assistant attorney general for the Justice Department's Environment and Natural Resources Division. “This settlement will provide immediate relief and benefits to the people of the five Gulf states, and requires Transocean to implement significant safety measures, as well as stringent auditing and monitoring to reduce the risk of any future disasters.”
According to court documents, on April 20, 2010, while stationed at the Macondo well site in the Gulf of Mexico, the Deepwater Horizon rig experienced an uncontrolled blowout and related explosions and fire, which resulted in the deaths of 11 rig workers and the largest oil spill in US history. In agreeing to plead guilty, Transocean Deepwater, Inc., has admitted that members of its crew onboard the Deepwater Horizon, acting at the direction of BP’s “Well Site Leaders” or “company men,” were negligent in failing fully to investigate clear indications that the Macondo well was not secure and that oil and gas were flowing into the well.
The criminal resolution is structured to directly benefit the Gulf region. Under the order presented to the court, $150 million of the $400 million criminal recovery is dedicated to acquiring, restoring, preserving, and conserving—in consultation with appropriate state and other resource managers—the marine and coastal environments, ecosystems, and bird and wildlife habitat in the Gulf of Mexico and bordering states harmed by the Deepwater Horizon oil spill. This portion of the criminal recovery will also be directed to significant barrier island restoration and/or river diversion off the coast of Louisiana to further benefit and improve coastal wetlands affected by the oil spill. An additional $150 million will be used to fund improved oil spill prevention and response efforts in the Gulf through research, development, education, and training.
The civil settlement secures $1 billion in civil penalties for violations of the CWA, a record amount that significantly exceeds last year’s $70 million civil penalty paid by MOEX Offshore 2007 LLC, a 10% partner with BP in the Macondo well venture. The unprecedented $1 billion civil penalty is subject to the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (Restore Act), which provides that 80% of the penalty will be to be used to fund projects in and for the Gulf states for the environmental and economic benefit of the region. This civil resolution reserves claims for natural resource damages and clean-up costs.
Under the civil settlement, the Transocean defendants must also observe various court-enforceable strictures in its drilling operations, aimed at reducing the chances of another blowout and discharge of oil and at improving emergency response capabilities. Examples of these requirements include certifications of maintenance and repair of blowout preventers before each new drilling job, consideration of process safety risks, and personnel training related to oil spills and responses to other emergencies. These measures apply to all rigs operated or owned by the Transocean defendants in all US waters and will be in place for at least five years.
The guilty plea agreement and criminal charge announced recently are part of the ongoing criminal investigation by the Deepwater Horizon Task Force into matters related to the April 2010 Gulf oil spill.
The civil resolution announced recently is part of the ongoing litigation against defendants BP Exploration and Production, Inc., the Transocean defendants, and Anadarko Petroleum Corporation (among others) for civil penalties, injunctive relief, and a declaration of unlimited liability for removal costs and damages under the Oil Pollution Act.
Reducing Greenhouse Gas Emissions in the Internet and Telecommunications Industries
Amid growing concern over the surprisingly large amount of greenhouse gas produced by the Internet and other telecommunications activities, researchers are reporting new models of emissions and energy consumption that could help reduce their carbon footprint.
Researchers from the Centre for Energy-Efficient Telecommunications (CEET) and Bell Labs explain that the information communications and technology (ICT) industry, which delivers Internet, video, voice and other cloud services, produces more than 830 million tons of carbon dioxide (CO2), the main greenhouse gas, annually. That’s about 2% of global CO2 emissions—the same proportion as the aviation industry produces. Projections suggest that ICT sector’s share is expected to double by 2020. The team notes that controlling those emissions requires more accurate but still feasible models, which take into account the data traffic, energy use, and CO2 production in networks and other elements of the ICT industry. Existing assessment models are inaccurate, so they set out to develop new approaches that better account for variations in equipment and other factors in the ICT industry.
They describe development and testing of two new models that better estimate the energy consumption and CO2 emissions of Internet and telecommunications services. They tested the models on a simulated network and on a deployed network that serves the majority of schools in California. Both models delivered better estimates than the current “top-down” models. The researchers suggest, based on their models, that more efficient power usage of facilities, more efficient use of energy-efficient equipment, and renewable energy sources are three keys to reducing ICT emissions of CO2.
CEET is a partnership between Alcatel-Lucent, the University of Melbourne, and the Victorian State Government. It is the world’s first research center exclusively dedicated to energy-efficient telecommunications technologies. Its research efforts cover a broad range of telecommunications network infrastructures and how those elements can increase their energy efficiency.
Environmental Groups Call for Immediate Hold on Offshore Arctic Drilling
The Natural Resources Defense Council and The Wilderness Society recently called on the Obama administration to immediately put a hold on all current and future approvals for offshore oil exploration in America’s Arctic Ocean.
“Shell Oil’s long string of accidents and mistakes—culminating with Shell losing control of its Kulluk drilling ship this week—makes it crystal clear what a bad idea it is to drill offshore America’s Arctic,” Chuck Clusen, NRDC’s director of national parks and Alaska projects said on a press conference call recently.
“The risks are too big to get this wrong—especially in one of the most fragile places on the planet,” Clusen said. “And, as we’ve learned this week from the grounding of the Kulluk, the risks of exploration extend all up and down the fragile Pacific coastline from Seattle to the top of the world.”
The Department of the Interior and other agencies are currently reviewing permit applications for future Arctic Ocean drilling. Along with Shell, which has faced nonstop problems because of harsh Arctic conditions, mistakes and accidents, ConocoPhillips has applied for permits to begin drilling in the Chukchi Sea in 2014.
Shell lost control of its Kulluk drilling rig as it was being towed to Seattle, and the rig ran aground near Kodiak Island in Alaska on Monday.
“The implications of this very troubling incident are clear—the oil industry is no match for Alaska’s weather and sea conditions either during drilling operations or during marine transit,” Lois Epstein, PE, Arctic Program Director for The Wilderness Society, said on the press conference call.
In addition to calling on the Obama administration to put a hold on all permitting in the Arctic Ocean, NRDC and TWS called on the new Congress, which convened Thursday, to immediately enact the basic safeguards for offshore drilling that were recommended by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.
“Those basic safety recommendations may have come too late to prevent the BP disaster, but there’s no excuse for not doing everything possible to prevent a disaster in the Arctic, the worst place to drill on the planet,” Clusen said.
UL Launches Indoor Air Quality Services in China
Global product testing and certification leader UL (Underwriters Laboratories) recently announced the official launch of its indoor air quality (IAQ) services in its Nansha testing service center in Guangzhou, China. This move follows the increasing demand in the Chinese market for a more environmentally healthy lifestyle, and is in line with UL's global commitment of “working for a safer world."
The initiative was announced at the launch event in Guangzhou by Mr. Zhou Weifang, Chief Commercial Officer and Senior Vice President of UL. Joined by a team of UL’s IAQ service experts, he briefed guests on the essential nature of IAQ services in China as well as the company’s key service areas.
“Consumer demand for indoor environmentally preferable products is spurring manufacturers to turn their attention to green value. This can only be a good thing for the entire industry, to develop in a healthier and more transparent manner. For us at UL—a company which has long espoused environmental innovations—we are very glad to see increasing enthusiasm in the Chinese market for indoor environmental protection,” said Mr. Zhou. “Air pollution is an issue that we must all face. The extension of our services to air quality and safety is an attempt on our part to explore and expand the definition of safety.”
Meeting the need for environmentally preferable and low-emitting products in the Chinese market, UL’s Nansha operations will benefit a variety of stakeholders with an array of testing equipment and services. Using state-of-the-art testing technology, the new IAQ services include product emissions testing, chemical content testing, indoor air quality certification, and advisory services. The new IAQ services will help manufacturers determine, assess, and evaluate sources of pollution such as volatile organic compounds (VOCs), aldehydes, and phthalates in household electrical appliances, electronic products, furnishings, and building materials.
Indoor air quality is an issue of concern for people around the world. According to statistics from the US Environmental Protection Agency, people in North America spend on average 90% of their time indoors. UL Air Quality Sciences says that indoor air is typically two to 10 times more polluted than outdoor air. As such, the indoor environment can have a strong impact on human health.
The Chinese public has also shown increased concern for air quality. Specifically, a greater demand for environmental consciousness has grown around products made by manufacturers and used by renovation contractors, such as electrical appliances, furniture, and storage units. Owing to rapid economic growth and increasing urbanization, people are now more likely to come into contact or inhale an increasing number of chemical substances emitted by building materials, home furniture, and electrical products in homes, schools, and offices. Recent statistics from the China Center for Disease Control and Prevention show that 92% of newly decorated flats contain excessive formaldehyde content and that 76% contain five times more formaldehyde content than allowed. The need has never been more urgent to minimize the risk posed by renovation materials on the human body.
“As more and more consumers are beginning to become aware of the importance of indoor environmental protection, we’re seeing a new trend toward making environmentally preferable and green products from the manufacturing industry. While we support authorities in their ability to take action and enhance the consistency of indoor air quality laws and standards, we also value having independent, authoritative, third-party certification organizations to provide comprehensive services," said Dr. Hong Zhi Tai, head of Lenovo’s Environment and Technology department. “The launch of the IAQ service by UL is an excellent opportunity. We want to have a credible third-party certification organization like UL provide us with accurate information and services, and help us effectively position our indoor products as truly environmentally preferable. This will ultimately give us a more advantageous position in the market.”
Kentucky Utilities to Spend Millions in Settlement to Resolve Clean Air Act Violations
EPA and the U. Department of Justice announce that Kentucky Utilities Company will spend $57 million to install a sulfuric acid mist emission control system, replace a coal-fired boiler, and pay a civil penalty of $300,000 to resolve alleged Clean Air Act violations (CAA) at the Ghent Station facility in Ghent, Kentucky.
The terms of the settlement require Kentucky Utilities to adhere to more stringent and permanent emission limits and install a sulfuric acid mist pollution control system that will reduce sulfuric acid mist emissions by more than two-thirds (3.7 million lb/year). Kentucky Utilities will spend approximately $57 million dollars in injunctive relief to install the system and make other changes at the Ghent County facility. These changes will reduce emissions of sulfuric acid mist in an area that ranks among the top 10% of environmental justice areas in the Commonwealth of Kentucky.
"Reducing emissions of this pollutant is vital to protect the local environment and health of the residents of this community,” said Gwendolyn Keyes-Fleming, Regional Administrator for the EPA Southeast Office. “Reaching this settlement demonstrates EPA Administrator Lisa P. Jackson’s commitment to expand the conversation on environmentalism and bring people together to discuss environmental concerns.
As part of the settlement, the Company has also agreed to spend $500,000 for an environmental mitigation project that will include the replacement of a coal-fired boiler with a geothermal heating and cooling system at an elementary school in the Kentucky Utilities service area.
O’Reilly Automotive and Technical Chemical Company Fined $63,000 in Combined Case
The California Air Resources Board (ARB) announced that O’Reilly Automotive, a specialty retailer of automotive aftermarket parts, equipment, and accessories, and Technical Chemical Company, a manufacturer of automotive chemicals and products, paid a combined total of $63,000 to settle clean air violations.
Between December 2008 and May 2009, O’Reilly automotive sold O’Reilly Carb & Choke Cleaner, a consumer product that contained chemicals that contribute to the formation of smog that exceeded the limit for Carburetor Cleaners for cars in California. The product was manufactured for O’Reilly by Technical Chemical. Technical Chemical manufactured the product containing more smog-forming chemicals than permitted in California for sale outside the state, however, a labeling mistake led to the sale of the non-compliant product in California. Since O’Reilly and Technical Chemical were both responsible for the violation, the penalty was split between the two parties.
“The Air Resources Board is diligent in taking the necessary actions to limit these smog-forming chemicals in automotive products that consumers use,” said ARB Enforcement Chief James Ryden.
Under the settlement, a payment of $31,500 each from O’Reilly and Technical Chemical (half of $63,000 penalty) was paid directly to the California Air Pollution Control Fund as civil penalties. In addition, both companies agreed that they would not sell, supply, offer for sale, or manufacture for sale in California any consumer product in violation of California’s standards for carburetor cleaners.
Certa Pro Painters Penalized $5,750 for Dumping Waste Paint Wash Water in Storm Drain
The Massachusetts Department of Environmental Protection (MassDEP) has penalized the ProGroup Network, Inc., of Fairhaven (d/b/a Certa Pro Painters) $5,750 for dumping waste paint wash water into a storm drain at the Dartmouth Mall. On September 25, 2012, MassDEP responded to a complaint that colored water was emanating from a storm drain and discharging into the Paskamansett River in Dartmouth.
MassDEP, the US Coast Guard, and the Dartmouth Fire Department responded, and the source was quickly traced to a storm drain at the nearby shopping mall, where employees of Certa Pro Painters admitted responsibility. A subsequent inspection of the company's facility in Fairhaven found hazardous waste storage violations, including unlabeled 55-gallon drums of waste stored outside without containment.
"No one should ever be dumping anything into the storm drains without prior approval," said Philip Weinberg, director of MassDEP's Southeast Regional Office in Lakeville. "Storm drains are designed to convey storm water during wet weather events, and unpermitted discharges and dumping directly into a storm drain may impact sensitive nearby resource areas."
Once notified by MassDEP of the discharge, Certa Pro Painters immediately ceased the discharge and took immediate actions to clean up the material. Certa Pro Painters has corrected the hazardous waste violations, implemented an Environmental Protection Policy for proper handling and disposal of hazardous waste, and formalized the employee training to prevent any future dumping or discharge incidents to any storm drains.
MassDEP has agreed to suspend $2,875 of the assessed penalty, provided that Certa Pro Painters does not have any additional discharges to storm drains or surface water.
Filter Recycling Services, Inc. Cited for Multiple Hazardous Waste Violations
The California Department of Toxic Substances Control (DTSC) announced recently that the California Attorney General’s Office has filed a civil complaint on DTSC’s behalf against Filter Recycling Services, Inc., (FRS), a hazardous waste management facility located at 180 W Monte Avenue, Rialto, San Bernardino County, California, and its owner, Jon L. Bennett Jr. DTSC issued an operating permit to FRS, which allows the company to accept and manage specific, identified hazardous waste streams, and outlines the manner in which FRS must manage, handle, and transport such wastes.
The complaint, filed in Los Angeles County Superior Court alleges that between 2007 and 2012, FRS violated the California Hazardous Waste Control Law (HWCL) by accepting hazardous waste it is not authorized to handle, including water contaminated with gasoline, water contaminated with benzene, and pesticides.
The complaint also alleges that FRS further violated the state law by failing to store ignitable hazardous waste in an authorized manner, misrepresenting its activities in the facility’s operating records, and using an unregistered transporter.
The complaint contains a total of 11 causes of action. The alleged violations were discovered during a series of DTSC investigations and inspections in 2007, 2009, and 2012.
DTSC brought a civil action against FRS in 2001, which also alleged violations of the state law and the FRS permit. In 2004, the San Bernardino County Superior Court approved a stipulated judgment, which required FRS to pay $400,000 and correct the alleged violations.
“FRS has been cited for serious violations on multiple occasions and I believe they have again failed to comply with the specific requirements of its permit,” said DTSC’s Deputy Director for Enforcement Brian Johnson. “We will be seeking significant fines that are commensurate with the seriousness of the violations we have observed.”
Compliance Order Issued to Tacna Water Management Co. for Exceeding Arsenic Levels
Arizona Department of Environmental Quality (ADEQ) officials announced recently that a compliance order has been issued to Tacna Water Management Co., of Yuma for exceeding maximum contaminant levels of arsenic in its drinking water and a number of reporting violations. Tacna Water Company serves a population of 240 persons in the community of Tacna, located 40 miles east of Yuma, Arizona.
Six arsenic samples taken between February 2011 and April 2012 by the water company showed arsenic levels between 0.016 milligrams per liter and 0.022 milligrams per liter. The maximum contaminant level for arsenic under state and federal law is 0.010 milligrams per liter.
The compliance order notes that the company did not provide ADEQ with certification that it conducted public notice of the arsenic violations to its customers for the first, second, and third quarters of 2012. The compliance order requires the company to conduct public notification within 10 days.
“These are serious violations and the company needs to respond expeditiously to this compliance order,” ADEQ Director Henry Darwin said.
ADEQ found that the water company has not kept its facility in proper operating condition. An ADEQ inspection in June 2012 noted extensive weed growth within the well and storage tanking compound and several unrepaired leaks in the system, including a leak in a connection pipe leading to a 22,500 gallon storage tank that is the only interim water supply available to customers.
In addition, Tacna Water Company did not provide ADEQ with a copy of required consumer confidence reports for 2010 and 2011 and certification that the reports were distributed to customers.
TRU Compliance Check Resources for Carriers, Brokers, Forwarders, Shippers, and Receivers
Transport refrigeration units () are refrigeration systems powered by integral diesel internal combustion engines designed to control the environment of temperature-sensitive products that are transported in trucks, trailers, shipping containers, and railcars. The emissions from these units are a source of unhealthful air pollutants including particulate matter, toxic air contaminants, nitrogen oxides, carbon monoxide, and hydrocarbons, that all pose a potential threat to both public health and the environment. These units often congregate in large numbers at California distribution centers, grocery stores, and other facilities where they run for extended periods of time to ensure their perishable contents remain cold or frozen. These distribution and loading facilities are often in close proximity to schools, hospitals, and residential neighborhoods. In 2004, the TRU Airborne Toxic Control Measure (ATCM) was adopted by the California Air Resources Board (CARB) to reduce diesel particulate matter emissions from TRUs and TRU gen set engines. Amendments were adopted by the CARB in November 2010 and October 2011.
Under California law, the business entity that hires a carrier to transport perishable goods on California highways or railways must require the carriers they hire to only dispatch TRUs that comply with the in-use performance standards of California’s TRU Regulation. Brokers, forwarders, shippers, and receivers may be the affected hiring business entity if they hire or contract with carriers to transport perishable goods on California highways or railways.
TRUs and carriers that are based outside of California may not be included depending on whether they have voluntarily chosen to register TRUs in ARBER.
Carriers can quickly check the compliance status of TRUs that they have registered in ARBER and print out the ARBER certification page, which identifies the TRU, shows the compliance status, and the compliant-through date. Carriers may provide a current ARBER certification page printout as proof of compliance for the TRU that will be dispatched, if they are bidding to be hired by a broker, forwarder, shipper, or receiver.
Brokers, forwarders, shippers, and receivers can also check a TRU?s compliance status by entering a TRU’s ARB Identification Number, Vehicle Identification Number, or vehicle license plate number in the Public TRU Compliance Search Page.
The hiring business entity may also use the TRU 100% Compliant-Carrier Report Page to see if the carrier they are negotiating with owns only compliant TRUs. 100 % compliant means that all TRUs that are registered in ARBER by an owner are compliant with the TRU Regulation's in-use performance standards at the time of the report. Companies will not be included on this list if they have noncompliant units registered in ARBER, or if the TRUs they operate are owned by another business entity, such as a lessor, parent company, or holding company. Carriers based outside of California may not be included depending on whether they have voluntarily chosen to register. Please also be aware that a company's compliance status may change when a compliance deadline passes or when an owner brings its TRUs into compliance.
Washington Adopts State Environmental Policy Act Rule Changes
The Washington Department of Ecology (Ecology) has adopted a new rule that increases the flexible thresholds local governments may adopt to exempt certain minor new construction projects from review under the State Environmental Policy Act (SEPA).
Enacted in 1971, SEPA helps state and local agencies in Washington identify possible environmental impacts that could result from governmental decisions such as issuing permits for private projects, constructing public facilities, or adopting regulations, policies, or plans.
SEPA applies to all state and local agency decisions including state agencies, cities, counties, ports, and special districts such as school and water districts.
Every year, state and local agencies in Washington use SEPA to evaluate about 6,000 proposed decisions. Information learned through the review process can be used to change a proposal to reduce likely impacts, apply conditions to or deny a proposal when adverse environmental impacts are identified.
SEPA also gives local governments the option to allow some minor construction projects, depending on their size and scale, to be exempt from review.
To comply with a law passed by the 2012 Washington Legislature and approved by Governor Chris Gregoire, Ecology’s new rule increases the size and scale thresholds for building projects local governments can choose to be exempt from SEPA review, including:
- Small-scale residential housing developments
- Office, school, and commercial buildings with adjoining parking lots under a certain size
- Agricultural structures within a specific square footage
- Minor landfill and excavation activities
The exemption levels will vary depending whether a proposed project would be located in a city, unincorporated areas inside an urban growth area, or in a county that is or is not planning under the state Growth Management Act.
Besides increasing the flexible thresholds for minor construction projects, the new rule also:
- Makes the SEPA checklist more efficient by allowing checklists to be submitted electronically to lead state and local agencies and give agencies the ability to skip irrelevant checklist questions when considering changes to plans, programs, or policies
- Expands the exemption threshold for electrical utilities from 55,000 to 115,000 volts in existing rights-of-way and developed utility corridors
Ecology will conduct a second, broader round of SEPA rule revisions later this year.
Utility to Spend $7.2 Million to Resolve New Source Review Violations
“This settlement will eliminate thousands of tons of harmful air pollution each year, thus improving air quality in Wisconsin and downwind areas,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The agreement, which requires WPS to reduce emissions from both of its coal-fired power plants in Wisconsin, demonstrates the Justice Department’s continuing efforts, along with EPA, to bring large sources of air pollution into compliance with the Clean Air Act.”
“EPA is committed to protecting communities from the pollution problems that matter most, including reducing air pollution from the largest sources of emissions,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The pollution reductions and the significant investment in local environmental projects under this agreement will ensure that the people of Wisconsin and neighboring states have cleaner, healthier air.”
“This resolution of the Clean Air Act claims against WPS not only ensures that the damage to our environment from past, excessive emissions will be addressed but that residents throughout the region will benefit from the latest technology, resulting in significant future reductions in air pollutants,” said James L. Santelle, US Attorney for the Eastern District of Wisconsin. “The Justice Department and the EPA are strongly committed to promote innovative, alternative, and renewable sources of energy that also ensure that our next generations will breathe air that does not compromise their health. Today’s settlement promotes both goals—and accomplishes environmental justice for all Americans.”
The settlement, which covers the utility’s two power plants—the Pulliam plant in Green Bay, Wisconsin, and the Weston plant in Rothschild, Wisconsin—requires WPS to install new pollution control technology on one of its largest units, to continuously operate the new and existing pollution controls, and to comply with stringent emission rates and annual tonnage limitations. The settlement also requires WPS to permanently retire, refuel or repower four additional coal-fired units at the Pulliam and Weston plants. The actions taken by WPS to comply with this settlement will result in annual reductions of sulfur dioxide (SO2), nitrogen oxides (NOx), and particulate matter emissions by approximately 15,000 tons from 2010 levels. This settlement covers all eight coal-fired boilers at WPS’s two power plants.
WPS will also spend $6 million on projects that will benefit the environment and human health in communities located near the WPS facilities. WPS must pay $250,000 each to the US Forest Service and the National Park Service, to be used on projects to address the damage done from WPS’s alleged excess air emissions. Up to $4 million will be spent on a renewable energy resource enhancement project, up to $1.2 million on a wood stove change-out project, and up to $300,000 on a community digester project to convert food and/or animal waste to biogas or electricity. WPA may also fund a compressed natural gas or hybrid fleet conversion project, or a solar panel installation project.
Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011-2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near WPS facilities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. Because air pollution from power plants can travel significant distances downwind, this settlement will also reduce air pollution outside of the immediate region.
This is the 25th settlement secured as part of EPA’s national enforcement initiative to control harmful emissions from power plants under the Clean Air Act’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.
The settlement was lodged in the US District Court for the Eastern District of Wisconsin, and is subject to a 30-day public comment period and final court approval.
Oklahoma Oil and Natural Gas Permit by Rule Hearing
The January 16, 2013 Air Quality Advisory Council meeting will serve as a public hearing on the proposed permit by rule (PBR) for oil and natural gas minor facilities. The hearing is scheduled to begin at 9 am at DEQ headquarters. Click here for the rule proposal.
Written and oral comments on the proposed rule will be accepted prior to and at the January 16, 2013 Air Quality Advisory Council hearing. Send written comments to Cheryl Bradley, Department of Environmental Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-1677, or fax 405-702-4101.
Oklahoma Emissions Inventory Workshop
The annual free workshop will be held on Thursday, January 17, 2013 in Oklahoma City at the Metro Tech Springlake campus and again on Thursday, January 31, 2013 at the OSU-Tulsa campus. The workshop will be in the morning only, from 9 am to12 noon.
Review Draft of CalEnviroScreen Available
The California Environmental Protection Agency (Cal/EPA) and the Office of Environmental Health Hazard Assessment (OEHHA) announced the availability of the Second Public Review Draft of the California Communities Environmental Health Screening Tool ().
OEHHA considered input that Cal/EPA received from the Agency's Cumulative Impacts and Precautionary Approaches (CI/PA) Work Group, as well as comments received at regional and stakeholder-specific public workshops, an academic workshop, and written comments from the public. A summary of the major changes to the CalEnviroScreen methodology and report is also provided below.
Cal/EPA and OEHHA will convene a public meeting of the Agency's CI/PA Work Group on Friday, January 11, 2013, for the Work Group and the public to provide input on this CalEnviroScreen report.
Environmental News Links
Trivia Question of the Week
Which country was the first to introduce a carbon tax in 1990?
a. Finland
b. South Korea
c. Mexico
d. Norway