In taking this action, PHMSA also fulfills requirements of the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141) by making the application review process more transparent to our stakeholders.
“Hazmat special permits keep commerce moving while ensuring compliance with critical transportation safety requirements,” said US Transportation Secretary Anthony Foxx. “This rule makes the process for reviewing and approving these special permits easier and more efficient."
The HMR amendments include: standard operating procedures to support the administration of the special permit and approval programs; and criteria to support the evaluation of special permit and approval applications.
“These changes are consistent with PHMSA’s agency-wide initiative to identify opportunities to modernize, clarify and reduce burdens associated with our regulations while continuing to raise the bar on safety,” said PHMSA Administrator Marie Therese Dominguez.
Special permits set forth alternative requirements—or a variance—to the requirements in the HMR in a way that achieves a safety level at least equal to that required under the regulations. Special permits also provide a mechanism for testing new technologies, promoting increased transportation efficiency and productivity, and improving global competitiveness.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide-reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
EPA Issues New Industrial Stormwater General Permit
If you were permitted under the 2008 MSGP and need to obtain coverage under the new permit, you must submit your Notice of Intent (NOI)—in accordance with the 2015 MSGP’s updated NOI requirements—by September 2, 2015.
You will learn how to:
- Obtain a stormwater discharge permit
- Develop and implement an effective SWPPP
- Select and implement effective control measures (including best management practices)
- Develop and document inspection procedures
- Implement an effective monitoring and sampling plan
- Meet your permit’s training requirements
- Comply with reporting and recordkeeping requirements
- Certify no-exposure
- Comply with permit renewal requirements
- Terminate permit coverage
EPA’s Revises Underground Storage Tank Regulations
EPA has revised the Underground Storage Tank (UST) regulations for all facilities—including those with emergency generator tanks. These are the first major revisions to the UST regulations since 1988.
The rules establish new requirements for the use of equipment to reduce releases to the environment, as well as detect releases should they occur.
- Existing UST regulations and requirements
- EPA’s approved leak detection methods
- New requirements for:
- Secondary containment for new and replaced tanks and piping
- Operator training
- UST system capability for biofuel blends
- Operation and maintenance for UST systems
- Removed deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks—making these tanks fully regulated
- Updating codes and practices
Columbus RCRA and DOT Training
San Antonio RCRA and DOT Training
Cary 8-Hour HAZWOPER, DOT, and RCRA Refresher Training
Washington Department of Ecology Releases Environmental Penalties for Second Quarter 2015
The Washington Department of Ecology issued $234,650.95 in penalties of $1,000 or more April through June in 2015.
Ecology works with thousands of businesses and individuals to help them comply with state laws.
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.
EPA Proposes Revisions to Test Methods, Performance Specifications, and Testing Regulations for Air Emission Sources
In the proposed rule, EPA is making corrections and updates to testing provisions that contain inaccuracies and outdated procedures, and provide alternatives to existing testing regulations. According to the Agency, these revisions will improve the quality of data and provide testers flexibility to use recently-approved alternative procedures. Many of the proposed changes were suggested by testers and other end-users, and they will not impose new substantive requirements on source owners or operators.
New Pharmaceuticals Degrade Before they Can Contaminate Drinking Water
In recent years, researchers have realized that many products, including pharmaceuticals, have ended up where they’re not supposed to be—in our drinking water. But now scientists have developed a way to make drugs that break down into harmless compounds before they contaminate our taps. Their report appears in ACS’ journal Environmental Science & Technology.
A wide range of active ingredients originating from pesticides, shampoos, lotions, cosmetics, disinfectants, and drugs get washed into sewage systems or rivers and streams, ending up in our tap water. Scientists don’t have a complete picture yet of what effects these substances have on wildlife and human health, but they are a major concern. Researchers have detected them in low levels in streams and rivers across the United States and in other countries. To address the specific problem of medications in the environment, Klaus K?mmerer and colleagues made tweaks to pharmaceuticals so they degrade after they’ve passed through both the body and sewage treatment systems, which aren’t capable of scrubbing wastewater of all contaminants.
The researchers chose to work with a commonly used drug called propranolol — a beta blocker prescribed to treat high blood pressure and to prevent heart problems. It is very stable and has been found in sewage. They made a small molecular change in its structure that didn’t affect its beta blocking activity but allowed it to break down more easily than the original form. Further studies are needed, but initial testing showed that the altered drug and its byproducts are likely not toxic. The researchers suggest that a similar approach could be used to re-design other classes of drugs and chemicals to make them more environmentally friendly, too.
The authors acknowledge funding from the German Ministry of Education and Research.
Lynx Enterprises Faces Fine for Hazardous Waste Violations
The company agreed to pay a total of $28,750 in civil penalties and spend an additional $108,000 on training.
The plan prioritizes air and water quality, enforcement of public health standards and environmental justice in the Central Valley, which suffers from some of the most pressing issues in the region. As part of the enforcement initiative, EPA is dedicated to increase public engagement by helping communities better understand federal, state, and local roles in environmental rules, permitting, planning, and enforcement.
Duke Energy Corp. to Pay $975,000 for Clean Air Act Violations
Duke recently shut down 11 of the 13 units, and under the settlement those shutdowns also become a permanent and enforceable obligation under the consent decree. At the remaining two units, Duke must continuously operate pollution controls and meet interim emission limits before permanently retiring them. In addition, the settlement requires that Duke retire another unit at the Allen plant, spend a total of $4.4 million on environmental mitigation projects, and pay a civil penalty of $975,000. The United States is joined in the settlement by co-plaintiffs Environmental Defense, the North Carolina Sierra Club, and Environment North Carolina.
EPA estimates that the settlement will reduce emissions by approximately 2,300 tons per year from the three Allen units, as compared to recent emission levels. With these additional retirements, total emissions from all 13 allegedly modified units—which were in excess of 51,000 tons in 2000 when the suit was filed—will be zero.
"This settlement brings five more power plants into compliance under EPA’s national initiative to cut pollution from the country’s largest sources,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “After many years, we’ve secured a strong resolution, one that will help reduce asthma attacks and other serious illnesses for the people of North Carolina."
“The settlement announced today marks another milestone in our ongoing efforts to enforce the Clean Air Act and reduce air pollution from coal-fired power plants,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This settlement is a just and fair resolution to this long-running enforcement action in which we alleged that Duke modified these plants in ways that significantly increased their annual emissions. It is good news for the environment and public health in North Carolina.”
The United States initially sued Duke in 2000, and trial was set to begin in October 2015 following years of pre-trial litigation, including a landmark 2007 Supreme Court decision agreeing with EPA’s interpretation of the Clean Air Act regulations covering modifications that increase the annual amount of pollution from a plant. Under the settlement, Duke must continuously operate existing equipment to control sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions at two electricity-generating units at the Allen facility in Belmont, North Carolina, and meet enforceable emission limits, prior to permanently retiring both units in 2024. In addition, to help mitigate the harm from the alleged violations, the settlement also requires Duke to retire an additional unit at the Allen plant by 2024.
The settlement also requires Duke to spend at least $4.4 million to fund several environmental mitigation projects. These projects include restoring native wildlife and plants on National Park Service and Forest Service lands in North Carolina, a program to help North Carolina residents replace higher polluting wood stoves and fireplaces with cleaner burning alternatives and a program to increase the use of clean energy and energy efficiency measures in economically distressed communities. Other projects may include efforts towards increasing truck stop electrification and electric vehicle charging stations in North Carolina.
SO2 and NOx, two predominant 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 particulate matter that can cause severe respiratory and cardiovascular impacts and premature death.
This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes coal-fired power plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements. The total combined SO2 and NOx emission reductions secured from all these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.
McWane to Pay over $10 Million to Resolve CAA, RCRA, EPCRA, and TSCA Violations
The Alabama Department of Environmental Management is a co-plaintiff in this action.
Under the proposed Consent Decree, McWane will pay a total civil penalty of $471,031, of which $341,383 will go to the United States Treasury, $2,782 to the Oil Spill Liability Trust Fund to resolve alleged violations relating to its spill prevention program, and $126,866 to the State of Alabama. McWane will also implement a Supplemental Environmental Project, at an estimated cost of $2,500,000. McWane has already undertaken corrective measures to resolve all historical violations alleged in the Complaint, at an estimated cost of over $10 million. The proposed Consent Decree resolves only the specific violations alleged in the Complaint.
Cargill Inc. Violates Clean Air Act, Fined $110,000
Cargill’s Eddyville facility uses the hazardous air pollutants methanol, methyl tertiary butyl ether, and formaldehyde to produce Vitamin E and similar compounds from soybean byproducts.
Facility inspections and record reviews by EPA showed Cargill failed to comply with specific requirements of the Clean Air Act’s National Emission Standards for Hazardous Air Pollutants for Pharmaceutical Production at the plant. Specific violations included failure to comply with regulations designed to prevent leaks of air pollutants from equipment at the facility, and failure to identify wastewater at the facility subject to air pollutant emission control requirements.
Cargill’s failure to comply with the standards created the potential for excess emissions of hazardous air pollutants at its facility or at additional facilities that handle Cargill’s wastewater.
Under terms of an administrative civil settlement filed by EPA in Lenexa, Kansas, Cargill will pay an $110,000 civil penalty to the United States, and will perform an Enhanced Leak Detection and Repair project at the Eddyville facility for a period of one year. The project will raise the quality and effectiveness of the plant’s hazardous air pollutant leak detection program, reducing unanticipated emissions of hazardous air pollutants. Cargill’s program will be subject to third-party auditing.
Additionally, Cargill has agreed to spend at least $155,000 on a supplemental environmental project to incorporate sealless pump technology at its facility. The project will be completed within a year.
EPA and New York State Announce Ban on Dumping Sewage from Boats into Cayuga and Seneca Lakes and Seneca River
The US EPA and the New York State Department of Environmental Conservation recently announced that Seneca Lake, Cayuga Lake, and the Seneca River are now “no discharge zones,” which means that boats are completely banned from discharging sewage into the water.
Boaters must now dispose of their sewage at specially-designated pump-out stations around Lakes Cayuga and Seneca. This action is part of a joint EPA and New York State strategy to eliminate the discharge of sewage from boats into the state’s waterways.
Discharges of sewage from boats can contain harmful levels of pathogens and chemicals such as formaldehyde, phenols, and chlorine, which have a negative impact on water quality, pose a risk to people’s health and impair marine life. The EPA reviewed public comments on its initial determination for the establishment of a no discharge zone, which was proposed in April 2015. The no discharge zone is in effect now, following its publication in the Federal Register.
The no discharge zone includes Seneca Lake, Cayuga Lake, the Seneca River, and the connected navigable tributaries. Cayuga Lake and Seneca Lake are water bodies of unique ecological, economic, and public health significance as well as drinking water sources.
Establishing a “no discharge zone” for these lakes would help protect the water quality and marine life. This action is part of an EPA/New York State Department of Environmental Conservation strategy to eliminate the discharge of sewage from boats into the state’s waterways. New York State water bodies that have already been established as “no discharge zones” include Lakes Erie, Ontario, Champlain, and George, the New York State Canal System, and the Hudson River, among others.
Three Brazilian States Join Coalition to Limit Global Warming
Three Amazon basin states have become the latest to join a growing worldwide coalition of states and regions in signing a first-of-its-kind agreement to limit global warming to less than 2 degrees Celsius.
The Ucayali region of Peru also announced its intention to sign the agreement. The signing event was hosted by the Brazilian state of Acre, one of the founding signatories of the Under 2 MOU.
“California welcomes our new partners to this important agreement that highlights the collective climate efforts of sub-national governments and demonstrates their commitment to an ambitious international climate agreement in Paris,” said California Secretary for Environmental Protection Matthew Rodriquez.
To date, 21 states and provinces in nine countries and four continents have signed the Under 2 MOU. Collectively, the signatories represent a population of 138 million and more than $5.4 trillion in gross domestic product (GDP).
The Under 2 MOU provides a template for the world’s nations to follow as work continues toward an international agreement to reduce greenhouse gas (GHG) emissions ahead of this year’s United Nations climate change conference in Paris.
Signatories commit to either reduce GHG emissions 80 to 95% below 1990 levels by 2050 or achieve a per capita annual emission target of less than 2 metric tons by 2050. The MOU allows each government flexibility to tailor emission reduction plans to fit regional needs, including strategies that reduce emissions by curbing deforestation and protecting natural resources that sequester carbon.
The new Brazilian signatories are also members of the Governors’ Climate and Forests Task Force (GCF), a sub-national collaboration that seeks to promote rural development while curbing deforestation and link those activities with other programs to reduce GHG emissions. The GCF’s Rio Branco Declaration, which California signed in April, commits signatories to curb tropical deforestation by 80% by 2020 contingent upon international, performance-based financing.
“As signatories of the Rio Branco Declaration, we are signing the Under 2 MOU reaffirming our commitment to these goals,” said Amazonas’ State Secretary for Environment Antonio Ademir Stroski, in remarks at the Milan signing event. He thanked the state of Acre “for providing such a significant opportunity and reinforcing the union between states and countries.”
“It is particularly significant that these new states are also members of the Governors’ Climate and Forests Task Force, another critical sub-national partnership in the effort to forestall climate change and protect tropical forests,” said California Environmental Protection Secretary Rodriquez. “It demonstrates that the Under 2 MOU encompasses a wide array of climate programs from around the world.”
In addition to California and Acre, the founding signatories of the Under 2 MOU include: Baden-W?rttemberg, Germany; Baja California, Mexico; British Columbia, Canada; Catalonia, Spain; Jalisco, Mexico; Ontario, Canada; and Wales, United Kingdom. In the United States, the other founding signatories are Oregon, Vermont, and Washington.
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Trivia Question of the Week
Solar power saw record growth in the second quarter of this year. By what percentage did residential solar increase?
a) 10%
b) 30%
c) 50%
d) 70%