This final rule went into effect on November 30, 2010, and applies for the reporting year beginning January 1, 2011 which will affect the Form R and Form A Toxic Release Inventory (TRI) reports due July 1, 2012.
Chemicals added include: 1-Amino-2,4-dibromoanthraquinone; 2,2-bis(Bromomethyl)-1,3-propanediol; Furan; Glycidol; Isoprene; Methyleugenol; o-Nitroanisole; Nitromethane; Phenolphthalein; Tetrafluoroethylene; Tetranitromethane; and Vinyl Fluoride. Under the category Polycyclic aromatic compounds (PACs) the following are added: 1,6-Dinitropyrene; 1,8-Dinitropyrene; 6-Nitrochrysene; and 4-Nitropyrene.
IATA Update – What’s New for 2011?
Each year, the International Air Transportation Association (IATA) updates and revises the regulations for the transportation of dangerous goods (hazardous materials) by air. If you offer dangerous goods for transportation by air, you must follow the new regulations by January 1. A large number of significant changes are being implemented in the 2011 IATA Dangerous Goods Regulations (DGR).
At this live webcast, you will learn:
- Changes in the regulations for consumer commodities– new marking and shipping paper entries
- New test authorized to determine classification and packing group of corrosives
- Changes in the classification criteria for magnetized materials
- Revisions to the classification of environmentally hazardous substances, marine pollutants, and aquatic pollutants
- Phase in of new packing instructions for Class 3 flammable liquids, Class 4 flammable solids, Class 5 oxidizers/organic peroxides, Class 8 corrosives, Class 9 miscellaneous, and Division 6
- New entries on the IATA List of Dangerous Goods and new special provisions
- New marking requirements for net quantities, limited quantities, environmentally hazardous substances, and orientation arrows
Burbank RCRA and DOT Training
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™.
EPA to Require Electronic Reporting under EPCRA Section 313
Currently, facilities may submit Toxics Release Inventory (TRI) reporting forms electronically or by paper. Generally, the percentage of reporters who submit TRI reporting forms electronically has grown, with over 94% of reporters submitting electronically for the TRI 2009 reporting year.
Within the next 12 months, EPA plans to propose a rule that would require facilities to use the Toxics Release Inventory-Made Easy Web (TRI-MEweb) software to submit their TRI reports electronically. TRI-MEweb assists facilities in several ways as they input data and provide useful data quality checks. Removing paper submissions would also help minimize errors in the TRI National Database because the TRI Program must enter paper submissions into an electronic database before incorporating them into the TRI National Database, which can result in inadvertent transcription errors. Additionally, requiring electronic submissions would expedite the publishing of the TRI data for use by States, Tribes, agencies, and the public.
Under this rule, for any regulated chemical a facility claims as a trade secret, facilities will continue to submit physical versions of the substantiation and TRI reporting forms. With the exception of trade secret information, this rule will modify 40 CFR 372.85 to require regulated facilities to use TRI-MEweb to submit their TRI reports.
EPA Issues Greenhouse Gas Prevention of Significant Deterioration Rule
This rule calls on certain states to make changes to their PSD permitting regulations. Together, EPA and the state and local permitting authorities have determined that changes are needed to assure that these states have the authority to issue PSD permits addressing GHGs beginning in January 2011, or very shortly afterward.
EPA has identified the following 13 states that need to make changes to their State Implementation Plans (SIP), allowing them to issue permits that include GHG emissions: Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming. In this final rule, EPA found that PSD permitting regulations in these states do not meet Clean Air Act (CAA) requirements because their programs currently do not cover GHG emissions. In these states, neither EPA nor the state currently has authority to issue a PSD permit to sources of GHG emissions. EPA also issued a “SIP call,” which requires these states to revise their SIPs to ensure that their PSD programs cover GHG emissions.
If any state is unable to meet its deadline, EPA will issue a Federal Implementation Plan (FIP) that applies only to GHGs. The FIP will authorize EPA to issue PSD permits to the GHG sources located in that state or local area until the state’s required SIP revision is approved by EPA.
According to EPA, states are best-suited to issue permits to sources of GHG emissions and have long-standing experience working together with industrial facilities. The CAA requires states to develop EPA approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.
EPA and the states have worked closely to ensure a smooth transition to GHG permitting. The agency will continue to work with the affected states to help them develop, submit, and obtain approval of the necessary revisions that will enable all states to issue air permits to GHG emission sources.
In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the nation’s largest GHG emitters, such as power plants, refineries, and cement production facilities. Emissions from small sources, such as farms and restaurants are not covered by these GHG permitting requirements.
Prevention of Significant Deterioration GHG Tailoring Rule Narrowing of State Implementation Plan Approvals Rule
As part of a series of steps EPA is taking to implement the Prevention of Significant Deterioration (PSD) program for GHG-emitting sources, EPA is finalizing a proposed rulemaking to narrow its previous approval of a number of State Implementation Plan (SIP) PSD programs that apply to GHG-emitting sources. Specifically, EPA is withdrawing its previous approval of those programs to the extent they apply PSD to GHG-emitting sources below the thresholds in the Final Tailoring Rule, which EPA promulgated by Federal Register notice dated June 3, 2010 (RIN 2060-AP86). Having narrowed its prior approval, EPA is asking that each affected state withdraw from EPA consideration the part of its SIP that is no longer approved.
Additional Sources of Fluorinated GHGs Must Report GHGs
This rule requires monitoring and reporting of GHGs for these source categories only for sources with carbon dioxide equivalent emissions, imports, or exports above certain threshold levels. This rule does not require control of GHGs. The final rule is effective on December 31, 2010.
Mandatory Reporting of GHGs: Petroleum and Natural Gas Systems
. The rule adds this source category to the list of source categories already required to report GHG emissions. This action applies to sources with carbon dioxide equivalent emissions above certain threshold levels as described in the regulation. This action does not require control of GHGs. The final rule is effective on December 30, 2010.
Washington Adopts New GHG Reporting Rule
Beginning in January 2012, certain large facilities and transportation fuel suppliers in Washington must track their GHG emissions for reporting to the Washington Department of Ecology (Ecology).
In 2008, the Washington Legislature directed Ecology to develop a rule requiring the state’s largest sources of GHGs to report their emissions. In 2010, the Legislature updated the law to make Washington’s reporting program more consistent with federal GHG reporting rules. This law is an important tool for understanding the state’s GHG emissions profile.
On November 17, 2010, Governor Chris Gregoire issued an executive order that suspended new and current rule work until the end of 2011. However, Ecology moved ahead with the reporting rule because it eases the regulatory burden on those who must report emissions by closely aligning state and EPA requirements, and by starting the program in 2012.
Key points of the new reporting rule:
- Reporting begins in 2013 for 2012 emissions.
- The yearly reporting threshold is 10,000 metric tons of carbon dioxide equivalent for all sources.
- The rule adopts calculation and reporting methods used by EPA. This reduces reporter costs and makes it easier to compare Washington’s data with other states.
- Fuel suppliers and importers will report emissions from transportation fuels. They will use the same information provided to the state Department of Licensing instead of reporting by individual vehicle fleets. This gives a much more complete measurement of the state’s transportation emissions, which account for nearly half of Washington’s total GHG emissions.
- Emitters only have to report direct emissions from certain stationary source categories such as combustion, electricity generation, landfills, and various industrial operations.
- The list of GHGs to be reported includes gases added by Congress or included in EPA’s reporting regulation. If more GHGs are added, Ecology will update its rules as needed to stay current with federal regulations.
- Confidential business information is protected because a company could be placed at a competitive disadvantage if the information is made public. However, each reporter’s emissions will be available to the public and sufficient oversight will be in place to make sure reports are accurate.
- Organizations that are not required to report can voluntarily report their emissions.
Pennsylvania to Require E-Waste Recycling
Legislation that establishes a recycling program for computer equipment and televisions was signed into law on November 23 by Pennsylvania Governor Ed Rendell.
Pennsylvania State Representative Chris Ross said, “The disposal of these electronic devices is potentially hazardous to the environment and while some manufacturers and communities have taken steps to address the disposal problem, there was no statewide solution until now. This legislation will make recycling e-waste much more convenient for residents and small businesses, while allowing manufacturers the opportunity to develop recycling systems that are cost effective.”
Currently, the Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988 provides for mandatory recycling or proper disposal of certain materials in municipalities of more than 5,000 people, but the act does not specify computer equipment and televisions. House Bill 708 provides for the proper disposal of desktop and notebook computers, monitors, and televisions used by small businesses and consumers for personal use.
“Our goal is to keep these cumbersome devices out of our landfills and to provide consumers and businesses employing 50 or fewer people with a safe means of disposal,” said Ross. “My legislation will require manufacturers to register their brands with the state Department of Environmental Protection (DEP) within six months of the effective date of this legislation and to devise a plan to collect, transport and recycle televisions and personal computers.”
DEP will maintain a list on its website of each manufacturer and the brands the manufacturer uses for devices covered under the act. The new law goes into effect in 60 days.
EPA to Clarify Emission Limits and Compliance Dates for Portland Cement Manufacturing Industry NESHAP
EPA plans to clarify provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP) and correct a minor error in the New Source Performance Standards (NSPS) for the Portland Cement Manufacturing Industry, RIN 2060-AO15. These rules were published in the Federal Register on September 9, 2010 and took effect on November 8, 2010.
The final rule NESHAP amendments were unclear concerning compliance dates for some sources, and did not make clear that emission limits currently in effect for existing sources remain in effect until the compliance date of the new emission standards. The Agency also omitted text in one column in Table 1 of §63.1343(b). In the NSPS, EPA inadvertently omitted a required rule reference in the incorporation by reference provision. This action, which is expected to be published within the next 12 months, clarifies the compliance dates, and emissions limits, and corrects the two minor errors.
With almost one billion people lacking access to clean, safe drinking water, scientists are reporting development and successful initial tests of an inexpensive new filtering technology that kills up to 98% of disease-causing bacteria in water in seconds without clogging.
Yi Cui and colleagues explain that most water purifiers work by trapping bacteria in tiny pores of filter material. Pushing water through those filters requires electric pumps and consumes a lot of energy. In addition, the filters can get clogged and must be changed periodically. The new material, in contrast, has relatively huge pores, which allow water to flow through easily, and it kills bacteria outright, rather than just trapping them.
The scientists knew that contact with silver and electricity can destroy bacteria, and decided to combine both approaches. They spread sub-microscopic silver nanowires onto cotton, and then added a coating of carbon nanotubes, which give the filter extra electrical conductivity. Tests of the material on E. coli-tainted water showed that the silver/electrified cotton killed up to 98% of the bacteria. The filter material never clogged, and the water flowed through it very quickly without any need for a pump. “Such technology could dramatically lower the cost of a wide array of filtration technologies for water as well as food, air, and pharmaceuticals where the need to frequently replace filters is a large cost and difficult challenge,” their report states.
Hard and Decorative Chromium Electroplating, Chromium Anodizing, and Steel Pickling NESHAP Residual Risk and Technology Review
EPA is planning to address the residual risk and technology reviews conducted for two NESHAPs that include 6 source categories. Plans include addressing provisions related to emissions during periods of startup, shutdown, and malfunction. Additionally, the Agency plans to finalize changes to correct editorial errors, make clarifications, and address issues with implementation.
Latest Carbon Auction Yields Nearly $17 Million for Clean Energy Programs in New York
The Northeast and Mid-Atlantic states participating in the Regional Greenhouse Gas Initiative (RGGI) released the results of their 10th auction of carbon dioxide (CO2) allowances, held Wednesday, December 1. As with previous auctions, states are reinvesting the proceeds in a variety of strategic energy programs to save consumers money, benefit the environment, and build the clean-energy economies of the RGGI states.
The offering of current control period CO2 allowances (2009-11) in the auction yielded a total of $46 million from the sale of 24.8 million allowances. Approximately 57% of allowances offered were sold at a price of $1.86 per allowance.
States also offered a smaller number of allowances for a future control period (2012-2014). This offer produced $2.2 million from the sale of 1.8 million allowances. Approximately 53% of these allowances were sold at a price of $1.86 per allowance.
New York’s share of the total proceeds from the December auction is approximately $16.9 million. Since September 2008, proceeds from the 10 RGGI auctions have totaled approximately $777 million. New York’s share is approximately $282 million.
The participating states also released the report of the independent market monitor, which shows that electric generators and their corporate affiliates have won 85% of all CO2 allowances sold in auctions 1-10, and following post-auction trading now hold 95% of all allowances.
“RGGI continues to demonstrate we can take market-based actions to limit our carbon footprint and lay the groundwork for a clean energy economy,” said Peter Iwanowicz, Acting Commissioner of the New York State Department of Environmental Conservation. “And the auctions show that one of the major concerns of power generators—that they would not get the pollution allowances they needed—has not come to pass. RGGI is setting an example for the nation.”
“The innovative programs supported by the RGGI funds will help consumers all across New York lower their energy costs and improve their energy efficiency, while helping to support the growth of clean energy businesses here in New York State,” said Francis J. Murray Jr., President and CEO of the New York State Energy and Research Development Authority. “These funds have been and will continue to be a critical element in developing and delivering energy solutions for New York and our entire region.”
Garry Brown, Chairman of the New York State Public Service Commission, said, “The funds that are being raised through the RGGI auction process help support much-needed energy efficiency and weatherization initiatives. In addition to directly helping individual consumers, these clean-energy programs will help spur the creation of new jobs and economic growth in New York.”
More than 80% of the auction proceeds are being invested in strategic energy programs. For example, New York State is investing a portion of its proceeds to provide energy efficiency services to residential consumers across the state. Households that participate in the “EmPower New York” program—which, through the New York State Energy Research and Development Authority, incentivizes energy education, energy audits, and on-the-spot energy efficiency upgrades in some oil-heated households—save an average of 125 gallons of oil and realize approximately $500 in energy bill savings annually.
Caroline and Arthur Holmwood of Greenfield Center (Saratoga County) saw their energy bill decline by 50% after receiving a new boiler and improved insulation through EmPower New York.
“Over the summer, our electric bill was cut in half compared to the year before,” Caroline Holmwood said, “and we expect saving during the heating season as well from our new boiler. It’s 97% efficient.”
The 10 Northeast and Mid-Atlantic states participating in RGGI (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New Hampshire, New York, Rhode Island, and Vermont) have implemented the first market-based, mandatory cap-and-trade program in the United States to reduce GHG emissions. Power sector CO2 emissions are capped at 188 million short tons per year through 2014. The cap will then be reduced by 2.5% in each of the four years 2015 through 2018, for a total reduction of 10%.
A CO2 allowance represents a limited authorization to emit one short ton of CO2, as issued by a respective participating state. A regulated power plant must hold CO2 allowances equal to its emissions to demonstrate compliance at the end of each three-year control period. The first control period for fossil fuel-fired electric generators under each state’s CO2 Budget Trading Program took effect on January 1, 2009 and extends through December 31, 2011. Allowances for the first control period (2009-2011) may be used to meet current compliance obligations, or may be banked for use in future control periods. CO2 allowances for the second control period (2012-2014) can only be used to meet compliance obligations beginning in 2012. CO2 allowances issued by any participating state are usable across all state programs, so that the ten individual state CO2 Budget Trading Programs, in aggregate, form one regional compliance market for CO2 emissions.
$103,200 Penalty for Storing Hazardous Waste in Stormwater Retention Pond
During an inspection of the site in April, 2009, DTSC determined that sludge was being stored in the pond. Following the inspection, Exide notified the agency that the pond had been cleaned out once per year. According to a consent order between DTSC and Exide as well as the California Code of Regulations Title 22 section 66265.193 (c) (4), the sludge should have been removed from the pond within 24 hours or as soon as possible.
Holiday Waste Reduction Tips
Though motivated shoppers may be great for the economy, increased buying leads to as much as one million extra tons of solid waste generated nationally each week between Thanksgiving and New Year’s Day.
“The holidays are an exciting time but many consumers don’t realize how much waste is generated with wrapping, ribbons, and boxes,” said CalRecycle Director Margo Reid Brown. “CalRecycle encourages Californians to remember the importance of reducing waste while celebrating with loved ones.”
Tips include sending cyber-cards rather than disposable greeting cards. An estimated 2.6 billion holiday cards are sold in the United States each year, enough to fill a football field 10 stories high.
About 24 billion plastic bags end up in California’s landfills every year—and many of the bags that don’t make their way to a landfill become ocean debris or litter. This holiday season, choose reusable shopping bags rather than paper or plastic at the cash register. An attractive reusable bag can also double as a better alternative to a disposable gift bag.
Buying new electronics and cell phones? Be sure to dispose of those old electronics safely by dropping them off at a certified electronics collector or recycler. The Green Holidays page provides links to find a collection center in communities across the state, as well as information on how to properly dispose of single-use batteries. Better yet, consider buying rechargeable batteries that can be used again and again.
Finally, if you’re going over the river and through the woods for a family celebration, make sure you’re driving on properly inflated tires with adequate tread depth. Proper tire inflation improves gas mileage and reduces fuel consumption, which means more money in your pocket and fewer GHG emissions.
Washington Updates Construction Stormwater Permit
Muddy water is considered pollution because it can smother plants, animals, and fish eggs, and can damage fish gills. It can also carry a variety of toxic pollutants into downstream waters. Sediment and minerals in muddy runoff can feed plant growth and contribute to algae blooms that rob oxygen from water.
“The timely re-issuance of this permit provides regulatory certainty and stability for the construction industry in Washington,” said Kelly Susewind, manager of Ecology’s water quality program. “The new permit adds very few new requirements because we feel the expiring permit was doing a good job,” Susewind added.
One new feature of the permit is a requirement that permit holders submit their monthly stormwater monitoring results electronically. However, Ecology will accept paper submittals if a permit holder can demonstrate that they are unable to submit electronically.
Electronic submittals will save the state thousands of hours of staff time per year. Besides saving time, Ecology expects electronic submittals to increase accuracy and be easier for construction site operators to use.
Construction site operators are required to be covered by a Construction Stormwater General Permit if they are engaged in clearing, grading, and excavating activities that disturb one or more acres and discharge stormwater to surface waters of the state. Smaller sites may also require coverage if they are part of a larger common plan of development that will ultimately disturb one acre or more. The permit covers approximately 2,200 construction sites in Washington.
The new permit takes effect January 1, 2011. Ecology last issued this permit in 2005. The Federal Clean Water Act (CWA) requires Ecology to update National Pollutant Discharge Elimination System (NPDES) permits every five years.
Saint-Gobain Ceramics Fined $28,000 for Methanol Emissions
The Massachusetts Department of Environmental Protection (MassDEP) has assessed penalties totaling $28,000 to Saint-Gobain Ceramics & Plastics, Inc., located in Worcester, for failing to comply with air pollution control regulations contained in its permit.
Violations of the facility’s air quality plan approval were identified when the results of stack testing in the spring of 2009 revealed that the emissions of methanol, a volatile organic compound, to the ambient air were in excess of approved quantities. The air pollution capture and control equipment was not operating as required by the approval issued by the MassDEP.
The facility on New Bond Street is required to re-evaluate, re-design, and then conduct additional emission testing on the capture and control equipment to ensure that compliance with the approval is attained and methanol emissions are reduced.
To resolve the noncompliance issues, a consent order requires that Saint-Gobain Ceramics & Plastics pay a penalty of $7,000 to the Commonwealth. The company must also implement a Supplemental Environmental Project (SEP) worth an additional $21,000 that will fund the purchase and installation of a 3kW solar panel system for the Broad Meadow Brook Audubon sanctuary located in Worcester.
EPA Launches Website to Increase Transparency of Regulatory Activity
This new resource is part of the EPA’s continuing efforts to enhance the accessibility and transparency of its regulatory activities.
Reg Stat provides information on EPA documents published in the Federal Register between 2005 and 2009. It also provides in-depth information on rulemakings likely to be of most interest to stakeholders—those rules signed by the EPA administrator that substantively amend the Code of Federal Regulations. Users will be able to determine the number of rules signed by the administrator, how long it took to develop each rule, whether a rule underwent Executive Order 12866 regulatory review by the Office of Management and Budget (OMB), and the length of OMB review. Both summary graphics and searchable data tables are available.
An analysis of the data featured on Reg Stat shows that EPA publishes 1,700 to 1,900 documents in the Federal Register each year. Notices, which provide general information of public interest such as meeting announcements, make up the majority of these documents. Approximately 7%, or about 100, of those documents are rules that amend the Code of Federal Regulations and require the administrator’s signature; the average time to publish these rules is 974 days.
Users will be able to download and sort the data based on categories of interest. Information on Reg Stat will be updated annually.
New Jersey to Limit Access to Environmental Documents
New Jersey has signaled that it will eliminate public access to a broad range of currently public documents, including records regarding enforcement negotiations with polluters and pollution permits, according to Public Employees for Environmental Responsibility (PEER). Broad information categories that would leave the public domain also include records about reservoirs, refineries, sewage treatment plants, or any other facility deemed “critical infrastructure.”
- Records “relating to mediation proceedings conducted by or on behalf of the Department.” This could not only make confidential a broad range of enforcement-related negotiations with polluters but also shield the operations of DEP’s new Office of Dispute Resolution from public scrutiny.
- Information with homeland security implications. The sweeping wording (“If access to the record would interfere with the State’s security, then the record will not be produced”) could bar access to all DEP records on water, sewer, chemical plants or any other infrastructure; and records relating to land, acquisitions, property transfers, or title searches where disclosure might jeopardize transactions. This exemption would likely prevent pre-review of the sweetheart easement DEP negotiated this summer for a $2 billion natural gas pipeline crossing parklands.
“Virtually every aspect of New Jersey’s environmental programs would benefit from more openness, not less,” stated New Jersey PEER Director Bill Wolfe, a former DEP analyst, noting that closed-door mediation policies recently prevented the public from attending the whistleblower hearing of the DEP’s senior nuclear engineer, Dennis Zannoni, who had raised safety concerns about the re-licensure of the Oyster Creek reactor. “DEP has not made a cogent argument for why we need additional state secrets.”
Deal-making within DEP also figured into the blockbuster corruption indictments of state legislators and other officials in the summer of 2009. Within DEP, newly appointed Commissioner Bob Martin said in an interview this past March, “One of the key things … for us is just transparency…. It’s my goal … to get everything out in the press … be very open about what we’re doing all the time and there’s no secrets.”
“These new proposed public record exemptions do not square with Christie administration promises of transparency,” Wolfe added, pointing to his legal battles to extract records from DEP under the current OPRA standards. “Even if it is administratively inconvenient to the Department, the public has a right to know what is being done and said in its name.”
EPA Requests Texas Issue CWA Permits
EPA has requested the Texas Commission on Environmental Quality (TCEQ) take the necessary steps to reissue Clean Water Act (CWA) discharge permits to sewage treatment plants and industrial facilities in Texas.
The TCEQ has a significant number of draft CWA discharge permits which have not been issued pending resolution of various concerns raised by EPA. Of the 80 discharge permits of concern, a large number of these draft permits have been delayed due to issues regarding the toxicity of the discharges.
There are significant environmental consequences to the continued authorization of discharges under expired permits. In some cases, EPA is concerned that expired permits continue to authorize toxic discharges.
“We are taking a stand for clean water. The streams, lakes, and bayous of our great state deserve to be protected from chemicals, bacteria, and toxic metals,” said EPA Regional Administrator Al Armendariz. “Our children and future generations should be able to swim and fish anywhere in the state without worries about pollution.”
To ensure that TCEQ’s and EPA’s environmental goals and program commitments continue to be met, EPA has requested that TCEQ take the necessary steps to resolve its concerns. With its action, EPA is requesting that TCEQ issue the long overdue discharge permits within six months so that the cleanup and conservation of the state’s waters can proceed.
MassDEP Fines United Water Environmental Services, Inc. for Delayed Reporting of Chlorine Gas Leak
MassDEP has assessed a $9,487 penalty to United Water Environmental Services, Inc., for failing to provide notification of a release of chlorine gas to the environment within the proper timelines following a leak at a site in Devens.
On July 1, 2009, a 150-pound compressed chlorine gas cylinder located at the Shabokin Public Water System well house on Patton Road in Devens, leaked 56 pounds of chlorine gas to the ambient air. United Water, a Delaware-based corporation that operates drinking water treatment facilities in Massachusetts, delayed making notification to MassDEP, and failed to meet the two-hour regulatory timeframe for reporting the incident.
Since the release, United Water upgraded the system by replacing the gas with liquid hypochlorite solution, conducted incident response training for all of its employees nationwide, and established a 24/7 emergency hotline number for employee use in case of future events.
“A timely notification to MassDEP is essential to minimize impacts from a release of hazardous materials to the environment,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. “United Water has taken important proactive steps to prevent this type of incident from reoccurring by training staff and changing the treatment process.”
Precision Rebuilders Referred to Attorney General for Hazardous Waste Violations
The Missouri Department of Natural Resources referred the case against Precision Rebuilders, a St. Clair truck parts manufacturer, to the Missouri Attorney General’s office to pursue civil penalties for 24 violations of Missouri’s Hazardous Waste Law and Regulations.
The violations, which were observed during a department inspection, include:
- Failure to determine if its waste was hazardous.
- Operating as an unpermitted hazardous waste treatment and storage facility.
- Failure to properly label and maintain hazardous waste storage containers. Proper markings and packaging helps facility personnel and emergency responders quickly indentify the types of hazardous waste present at the facility in an emergency situation and assists in the safe and legal daily management of hazardous waste.
- Failure to inspect and maintain the facility on a weekly basis and perform daily inspections of areas where hazardous waste spills would be likely.
Under department oversight, the facility was able to return to compliance. The department referred this matter to the attorney general to seek an appropriate civil penalty for the violations. The Missouri Constitution requires civil penalties to be paid to the school fund of the county in which the violation occurred.
EPA Announces New Tool to Promote Safer Chemicals and Products
As part of the agency’s Design for the Environment (DfE) program, EPA unveiled the new criteria which are an important tool under its DfE Alternatives Assessments for identifying safer alternatives to chemicals that pose a concern to human health and the environment.
“This new approach for evaluating and identifying safer chemicals is an important step toward ensuring that that the chemicals used in this country are safe,” said Steve Owens, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “Making this information available will not only lead to the manufacture of safer products, it will increase the public’s access to critical chemical information.”
The DfE program works in partnership with industry, environmental groups, and academia to help industry choose safer alternatives to chemicals that may pose a concern to human health or the environment. Information on chemical hazards from DfE Alternatives Assessments is combined with industry data on performance and cost to guide the choice of safer alternatives. To distinguish among alternatives, DfE evaluates data for each chemical and assigns hazard levels of high, moderate, or low for human health and environmental concerns.
DfE Alternatives Assessments will be conducted for bisphenol A (BPA), phthalates, decabromodiphenyl ether (decaBDE), hexabromocyclododecane (HBCD), and nonylphenol and nonylphenol ethoxylates (NP and NPEs). Both the BPA and decaBDE efforts are under way and include the use of BPA and its alternatives in thermal paper, such as cash register receipts, and the review of flame retardant alternatives to decaBDE in products such as textiles, plastic palettes, and electronics. Assessments of phthalates, the flame retardant HBCD, and NPEs will begin in 2011.
The assessments will lead to the manufacture of safer products and reduced chemical exposures. For example, replacing BPA in thermal paper with safer alternatives will safeguard children, cashiers, and others from BPA in cash register or sales receipts. Similarly, safer alternatives to decaBDE flame retardants used in textiles and electronics will eliminate an important route of human and environmental exposure to this chemical.
EPA will accept comment on the criteria through January 31, 2011.
New York Companies Recognized for Environmental Excellence
A small family-owned business that customizes countertops, a manufacturer that makes a better gasket, a lighting company manufacturer that relies solely on renewable energy, and a major financial institution’s high-performance green building are among the winners of the 2010 Environmental Excellence Awards announced by the New York State Department of Environmental Conservation (DEC). The seventh annual New York State Environmental Excellence Awards ceremony took place recently as part of the NYS Association of Reduction, Reuse and Recycling’s (NYSAR3) Annual Conference. The award winning projects are an example of how innovation combined with commitment and leadership can result in actions that improve and protect New York’s environment and have positive impacts on the economy.
DEC established this awards program in 2004 to recognize projects that achieve exceptional environmental, social, and economic benefits for New York State. A statewide committee made up of 18 representatives from public and private sectors selected the winning submissions from 33 applicants.
The 2010 winners are:
Bank of America—The Tower at One Bryant Park (Manhattan)
The Tower at One Bryant Park is situated in New York City at 42nd Street and Sixth Avenue. The Tower is 945 feet tall, 55 stories high, and has 2.1 million square feet of building space, and is the largest development site in midtown Manhattan.
The Tower has received the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED®) Core and Shell Platinum certification. By using environmentally friendly design, benefits being achieved include: saving 7.7 million gallons of water annually; reducing daytime peak electricity demand by 30% by using a 4.6 megawatt, on-site cogeneration system; providing approximately 25% of the building’s annual cooling requirements by using an ice storage system which supplements the building’s cooling system; and reducing lighting and cooling energy by up to 10% by using an automated daylight dimming system.
Garlock Sealing Technologies—VOC Elimination Project (Wayne County)
Garlock Sealing Technologies of Palmyra voluntarily eliminated 100% of toluene in its manufacturing of fiber sheet gaskets. By demonstrating the use of a non-traditional solvent to produce a viable product, Garlock Sealing Technologies provided the industry with a new benchmark for environmentally responsible manufacturing practices. The new gasket was made at a comparable price and was shown to seal even better than its solvent-containing predecessors. This has further benefits to the environment since tighter seals mean less fugitive emissions and has resulted in a healthier work environment for its employees.
Other highlights of this innovative pollution prevention project include a reduction of fire risk and the ability to recover and recycle over 95% of the non-hazardous solvent.
Monroe Industries—Robal Recycled Glass Products (Livingston County)
Monroe Industries’ Robal Recycled Glass product line exemplifies how a small, family-owned business can achieve environmental excellence and serve as a model of innovation and sustainability.
Located in Livingston County, Monroe Industries currently employs nine people. The company custom manufactures cast-polymer countertops, shower walls and floors, and vanity tops. Traditionally these product lines are made with a variety of mined minerals and gemstones, such as granite and quartz. The products are typically mixed with a liquid polyester resin and binder which is then cast into a mold and allowed to cure.
While developing the Robal product line, Monroe identified a resin supplier who would provide them with bio-based resins. As a result, not only is the product using recycled glass, it is using a more sustainable binder formula.
Other benefits of this project include using more than 5,000 pounds per month of recycled glass from local and regional suppliers rather than mined minerals which were transported from more remote locations.
Remains Lighting—Building Renovation and Employee Colocation (Brooklyn)
Remains Lighting demonstrated that sustainable buildings don’t necessarily carry high-tech designs with high costs. Remains Lighting is a traditional artisanal maker of lighting fixtures and custom metal work in Brooklyn. This small company’s comprehensive renovation of an industrial building shows a commitment to both environmental and social stewardship.
In 2008, Remains Lighting purchased and renovated a 25,000 square foot industrial building in Bushwick. Following the renovation, Remains Lighting moved its production workforce and brought its design, engineering and project management staff under one “green” roof.
The facility is operated entirely by renewable energy sources through the use of on-site solar panels and the purchase of wind power. Electricity consumption reductions total 18 thousand kilowatts annually and carbon dioxide emissions are reduced, equivalent to removing approximately 22 automobiles from the road. During the renovation process, an average of 84% of the 32 tons of construction waste was separated and recycled.
Town of Babylon—Long Island Green Homes Project (Suffolk County)
The Long Island Green Homes (LIGH) project in Suffolk County is the first operational, municipally-administered and -financed energy efficiency retrofit program in the nation. The program began in 2008 and has resulted in more than 400 houses that are now more energy efficient due to upgrades and retrofits. The average participating homeowner saves over $1,000 in utility costs.
Environmental benefits being achieved include an annual savings of 115,300 kilowatts of electricity, 75,485 gallons of oil, 29,000 cubic feet of natural gas, and 2,421 gallons of propane, along with a reduction of 1,080 tons of carbon dioxide emissions.
Study Will Recommend Ways to Strengthen Sustainability at EPA
“Today I am formally requesting President Cicerone and the National Academies convene a committee of experts to provide to the U.S. EPA an operational framework for sustainability that applies across all of the agency’s programs, policies, and actions,” said EPA Administrator Lisa Jackson at an event held at the National Academy of Sciences’ Koshland Science Museum.
Builder to Pay Almost $1 Million to Resolve Stormwater Violations
Beazer Homes USA Inc., a national residential homebuilder, has agreed to pay a $925,000 civil penalty to resolve alleged CWA violations at its construction sites in 21 states, the Justice Department and EPA announced. As part of the settlement, Beazer will also implement a company-wide stormwater program to improve compliance with stormwater runoff requirements at current and future construction sites around the country.
“This settlement will help many communities across the nation by protecting their waterways from harmful pollutants in stormwater runoff,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Contamination from runoff can be easily prevented, and those who do not take the necessary measures face the prospect of enforcement action under the Clean Water Act.”
“Contaminated stormwater puts children and families at risk as it may carry pollutants, including sediment, debris, and pesticides that contribute to water quality problems. These pollutants affect our nation’s rivers, lakes and sources of drinking water,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance and Assurance. “Today’s settlement will help protect public health and the environment by requiring Beazer to meet the requirements of our nation’s environmental laws and improve its oversight of its construction facilities.”
The government complaint, filed simultaneously with the settlement agreement in federal court in Nashville, Tennessee, alleges a pattern of violations that was discovered through site inspections and by reviewing documentation submitted by the company. The alleged violations include failure to obtain permits until after construction began, or failing to obtain them at all. At sites with permits, violations included failure to prevent or minimize the discharge of pollutants such as silt and debris in stormwater runoff.
“This settlement, which covers more than 30 Beazer Homes construction sites in middle Tennessee, demonstrates yet again that this office will act vigorously to protect the health and safety of citizens and residents of the district, and to safeguard the environment for all,” said Jerry E. Martin, U.S. Attorney for the Middle District of Tennessee.
The settlement requires Beazer to develop improved pollution prevention plans for each construction site, conduct additional site inspections, and promptly correct any problems detected. The company must properly train construction managers and contractors and designate trained staff for each site. Beazer must also implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA.
The CWA requires that construction sites have controls in place to prevent pollution from being discharged with stormwater into nearby waterways. These controls include simple pollution prevention techniques such as silt fences, phased site grading, and sediment basins to prevent common construction contaminants from entering the nation’s waterways.
Keeping contaminated stormwater out of America’s waters is one of EPA’s national enforcement initiatives. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, stormwater can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents, and other debris. Polluted runoff can harm or kill fish and wildlife, degrade aquatic habitat, and affect drinking water quality.
A portion of the settlement helps EPA efforts to protect the Chesapeake Bay, North America’s largest and most biologically diverse estuary. The bay and its tidal tributaries are threatened by pollution from a variety of sources, and overburdened with nitrogen, phosphorus, and sediment that can be carried by stormwater. The settlement will result in a reduction of approximately 10.4 million pounds of pollutants to the bay watershed.
This settlement is the latest in a series of enforcement actions to address stormwater violations from construction sites around the country. In the last several years, EPA and DOJ have reached consent decrees with nine residential construction companies for stormwater violations resulting in approximately $6.3 million in penalties. In 2009, Beazer ranked as the nation’s 10th-largest home building company.
Utility Pleads Guilty to Endangered Species Act and Migratory Bird Treaty Act Violation
The Kaua’i Island Utility Cooperative (KIUC) entered a plea agreement in federal court in Honolulu to resolve violations of the Endangered Species Act (ESA) and Migratory Bird Treaty Act (MBTA), the U.S. Department of Justice announced. KIUC pleaded guilty to count one and count 16 of a 19-count indictment returned by a federal grand jury in May 2010.
Count one charged a violation of the ESA by knowingly “taking” at least 14 Newell’s shearwaters, a federally protected threatened species, at or near Ke?lia Beach. Count 16 charged a violation of the MBTA by the “taking” of at least 18 Newell’s shearwaters, also protected as a migratory species, at KIUC’s Port Allen facility.
Under the ESA, “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct.
“The Department of Justice sought a criminal prosecution of KIUC only after a long history of attempts to resolve ongoing violations,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “The resolution of this case will set an example for others and help in the successful recovery of the Newell’s shearwaters, a threatened native species that is part of Hawaii’s cultural and natural heritage.”
In accordance with the terms of the plea agreement, KIUC was sentenced to the maximum statutory fine of $40,000 for the two counts to which KIUC pleaded guilty and a period of probation of 18 months with specific conditions intended to avoid additional violations during the period of probation. KIUC agreed to modify and reconfigure power lines associated with the highest incidences of take. KIUC must also monitor two stretches of inland power lines to help determine the number of protected birds colliding with those lines. KIUC is also required to apply for an incidental take permit that would authorize, as required by law, the taking of such threatened species under certain conditions and requirements.
The plea agreement also required that, as community service, KIUC make a payment of $225,000 to an account, established at the National Fish and Wildlife Foundation, to benefit protected seabirds on Kaua’i. The plea agreement stated that this requirement was aimed at repairing the loss to Kaua’i of these culturally and ecologically important seabirds, while recognizing KIUC’s annual funding of the Save Our Shearwaters program since 2003.
“What would we and Hawaii be if these birds vanished from the earth? I say we would be diminished as a community and as a place; a place so special compared to all others,” said Paul Chang, Special Agent in Charge of Law Enforcement in the Fish and Wildlife Service’s Pacific Region. “The result of this case allows me to believe there is hope for all of us working together to preserve Hawaii’s unique wildlife.”
The Newell’s shearwater (known in the Hawaiian language as ‘a’o) is a seabird native to the Hawaiian Islands. The majority of the world’s population of Newell’s shearwaters nests on the island of Kaua’i, specifically in burrows on inland mountains. Adult Newell’s shearwaters fly between the ocean and these nesting areas from spring through fall of each year. Young shearwaters leave these inland mountain nests and make their first flight to the sea from September to December each year, typically at night. The young birds use mountain air currents or physical drop offs to become airborne. If a young shearwater falls to the ground in a location without conditions such as those that occur in the inland mountains or at sea, it usually will be unable to regain flight. The species is identified as endangered on the International Union for Conservation of Nature (IUCN) red list.
The Endangered Species Act prohibits the unauthorized taking, including harming and harassing, of species listed as threatened or endangered. The Migratory Bird Treaty Act prohibits the unauthorized “taking,” including wounding or killing, of bird species listed as migratory.
$40,000 Penalty for Stormwater Violations
American Science & Engineering, a company that makes X-ray detection and related equipment has agreed to pay $40,000 to settle EPA claims that it violated the federal CWA.
According to EPA’s New England office, American Science & Engineering violated the CWA by discharging without authorization stormwater associated with industrial activity. The stormwater was discharged into wetlands adjacent to a Shawsheen River tributary.
The CWA requires many industrial operations to have permits and controls in place to prevent pollutants from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that puts in place practices that the company will follow to prevent runoff from being contaminated by pollutants. Without these controls, stormwater can pick up pollutants as it flows over the site. The stormwater can then carry the pollutants to nearby waterways, where they can degrade water quality as well as swimming, fishing, and drinking water.
AS&E disclosed its violations to EPA and took some measures to minimize stormwater runoff, but the company did not meet all legal requirements, nor all the requirements of EPA’s self-disclosure policy. EPA took the company’s disclosure into consideration in setting the penalty.
EPA Fines Kettleman City Landfill / Chemical Waste Management Fails to Meet Requirements for PCB Storage and DisposalIn order to protect human health and the environment, EPA regulations and facility specific permit requirements require that PCBs are properly tracked, stored, and disposed.
The CWM Kettleman Hills Facility is a commercial hazardous waste facility located in Kings County, California. The facility handles the treatment, storage and disposal of PCBs, hazardous, and non-hazardous waste. The Kettleman Hills Landfill is the only landfill in California federally regulated to handle PCBs, and is just one of ten PCB regulated landfills in the country.
“Companies charged with safely disposing of society’s most toxic materials need to rigorously follow the protective laws established to secure both the public safety and public trust. Violations of federal environmental laws at the Kettleman hazardous waste facility are unacceptable,” said Jared Blumenfeld, the EPA’s Regional Administrator for the Pacific Southwest.
During a series of 2010 inspections, EPA investigators found that CWM improperly managed PCBs at the facility. Further analysis revealed spills next to the facility’s PCB Storage and Flushing Building. Samples taken by EPA and CWM in and around the building detected PCBs at elevated levels ranging from 2.1 parts per million (ppm) up to 440 ppm. These levels are above the regulatory limit of 1 ppm and, in soil, demonstrate that PCBs were improperly disposed of in violation of federal law.
In January 2010, EPA committed to working with the State of California and the community of Kettleman City to both investigate compliance with federal laws and research environmental stressors. The current fines relate to the mismanagement of PCBs within the confines of CWM’s property. There is no evidence to suggest that the current spills posed any danger to adjacent communities. The question of whether there is any human health or environmental risk of PCBs migrating off site is being evaluated by a PCB congener study that is nearing completion.
PCBs are liquids that were used in electrical transformers, capacitors, circuit breakers, voltage regulators/switches, plasticizers, and additives in lubricating and cutting oils.
Tests have shown that PCBs cause cancer in animals and are suspected carcinogens in humans. Acute PCB exposure can also adversely affect the nervous, immune, and endocrine systems as well as liver function.
The EPA’s Hazardous Waste Program oversees the safe management and disposal of hazardous waste including PCBs. Concerns about human health and the extensive presence and lengthy persistence of PCBs in the environment led Congress to enact the Toxic Substances Control Act in 1976. The Act authorized EP
