á
The first streamlines the regulatory requirements for qualified facilities and equipment regulated under 40 CFR 112. The second extends the SPCC compliance dates for all facilities. In order to allow facilities that may be affected by the final rule the necessary time to apply the provisions, EPA is proposing to extend the compliance deadline by which all facilities must prepare or amend and implement their SPCC Plan to Oct. 31, 2007. The agency also wants to provide members of the regulated community with sufficient time to understand the full impact offered in the proposal in light of the information contained in the forthcoming "SPCC Guidance for Regional Inspectors" document. Finally, the effects of the recent hurricanes on many industry sectors could have adversely impacted their ability to meet the upcoming compliance dates if no extension is provided. The SPCC rule applies to non-transportation-related facilities that meet an oil storage capacity threshold and that could reasonably be expected to discharge oil into navigable U.S. waters. SPCC regulations require each owner or operator of such a facility to have a SPCC plan, certified by a professional engineer. The plan must address the facility's design, operation and maintenance procedures for preventing discharges as well as countermeasures to mitigate effects in case of discharge.
This document has not been published in the Federal Register and is not an official version of the final rule. The official rule will be published in the Federal Register.
á
á
EPAReleasesSPCC Guidance for Regional Inspectors
á
On December 2, 2005, EPA released the SPCC Guidance for Regional Inspectors. The guidance document is intended to assist regional inspectors in reviewing a facility's implementation of the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR 112. With its publication, EPA seeks to establish a consistent understanding among regional EPA inspectors on how particular provisions of the rule may be applied. The guidance document covers topics such as applicability, environmental equivalence, secondary containment and impracticability determinations, and integrity testing, as well as the role of the inspector in the review of these provisions. The document is also available as a guide to owners and operators of facilities that may be subject to the requirements of the SPCC rule and the general public on how EPA intends the SPCC rule to be implemented.
á
á
New Jersey becomes First State to Require Chemical Plant Security Measures to Protect against Terrorist Attack
á
Acting Governor Richard J. Codey announced that New Jersey is the first state in the nation to require enforceable plant security practices for its 140 chemical facilities to provide the public and workers greater protection from potential terrorist acts.
á
ôCertain New Jersey industries are more vulnerable to domestic threats,ö said Acting Governor Richard J. Codey. ôWe must explore any measure û including the possibility of using inherently safer technology û to better protect us from uncertainty. We will work with New Jersey businesses to ensure that this initiative improves security and emergency response plans at each chemical facility.ö
á
The new requirements continue facility-by-facility security assessments to evaluate potential security threats and vulnerabilities and likely consequences of a chemical release.á Of the 140 facilities that must comply with the standards, 43 are subject to the state's Toxic Catastrophe Prevention Act (TCPA) program.á As part of the new requirements, these 43 facilities must review the potential for adopting inherently safer technology as part of their assessment.
á
ôNew JerseyÆs newly mandated chemical security standards are the first in the nation for facilities that handle extraordinary hazardous substances,ö said Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell. ôWe fully recognize that we must strengthen the protection of our communities from the risk of catastrophic accidents at chemical plants caused by either a natural occurrence or a terrorist attack.ö
á
ôSince its inception in 2001, the Domestic Security Preparedness Task Force has been working to ensure that security is enhanced in the chemical sector,ö said Attorney General Peter C. Harvey, who also serves as Task Force chair. ôThe Task ForceÆs endorsement of DEPÆs upgraded chemical security standards is just the latest step in an ongoing process to increase protection for this vital industry and our citizens.ö
á
Senators Steve Sweeney (D-Gloucester, Cumberland and Salem) and Barbara Buono (D-Middlesex) sponsored Bill S588 that amended the ôToxic Catastrophe Prevention Act.ö
á
ôOver the past few years, security measures have been revamped in nearly every area of life, including ports, air travel, government buildings - chemical plants should be treated no differently,ö said Senator Sweeney. ôNew Jersey is home to 140 major chemical facilities - facilities that, ináterrorist situations, could possibly be used as weapons.á It is imperative that we toughen the plant access requirements, as well as the penalties for criminal trespassing to help protect New Jerseyans from terrorist attacks.ö
á
ôIn the post-September 11th world, the role of government in protecting its people has never been more important,ö said Senator Buono.á ôIn New Jersey, the chemical industry is a boon to the economy, but, we would be foolish not to recognize the increased danger posed to the residents of the Garden State by the substantial presence of chemical plants.á This policy directive requires chemical plants to maintain a plan of action against terrorist attacks, to protect our citizens from a potential worst case scenario.ö
á
In 2003, the New Jersey Domestic Security Preparedness Task Force approved best security practices that were built upon the security code of the American Chemistry CouncilÆs responsible care program and the American Petroleum InstituteÆs security guidelines, respectively.á The best practices were developed by the Task Force and its Infrastructure Advisory Committee, which includes representatives of the stateÆs chemical and petroleum industry. Many New Jersey-based facilities have voluntarily begun to implement these practices.á This action clarifies that the best practices for chemical facilities are now mandatory.
á
The 43 chemical facilities in the TCPA program must analyze and report the feasibility of:á reducing the amount of material that potentially may be released; substituting less hazardous materials; using materials in the least hazardous process conditions or form; and, designing equipment and processes to minimize the potential for equipment failure and human error.
á
Best practices included provisions for the facilities to prepare an emergency incident prevention, preparedness and response plan and outline the status of implementing other security practices.á The state standards also now require worker participation in the development of the security assessments and prevention and response plans at each facility.
á
Under the new requirements, chemical facilities have 120 days to develop an assessment of facility vulnerabilities and hazards that might be exploited by potential terrorists. The assessments must include a critical review of:
- áááááááá Security systems and access to the facility grounds (including the regular testing and maintenance of security systems)
- áááááááá Existing or needed security measures outside the perimeter of the facility that would reduce vulnerabilities to an attack on the facility
- áááááááá Storage and processing of potentially hazardous materials
- áááááááá Employee and contractor background checks and other personnel security measures
- áááááááá Information and cyber security
á
In addition to the above û in a separate action û DEP will hold two hearings to take comment and establish a public record on best security practices adopted in 2003 for chemical and petroleum facilities. The public is invited to comment on areas where the best practices can be strengthened.
á
The first public hearing will be held at 10 a.m. Thursday, December 1 in DEPÆs public Hearing Room in Trenton. Written comments on the security best practices for the chemical sector will be accepted through January 5, 2006.
á
A second public hearing on New JerseyÆs security best practices for the petroleum sector will be held at 10 a.m. Thursday, January 12, 2006. Written comments on the security best practices for the petroleum sector will be accepted through February 13, 2006.
á
á
Solid Waste Incinerator Standards to Reduce 1,900 Tons of Air Pollution Annually
EPA is requiring new performance standards to reduce emissions of air pollutants from the last remaining category of waste incinerators requiring Clean Air Act regulation.
" (OSWI).á OSWI consist of very small municipal waste combustion units and institutional waste incineration units.á The final performance standards will provide important improvements in protecting human health and the environment by reducing approximately 1,900 tons per year of air pollution from the estimated 248 incinerators estimated to be subject to the new standards.á Very small municipal waste combustion units are incinerators that burn less than 35 tons per day of municipal solid waste collected from residential, commercial, institutional, and industrial sources.á Institutional waste incineration units are incinerators located at institutions -- such as public or private schools, churches or civic organization -- that burn solid waste generated on site.á EPA has already issued regulations to control emissions from large municipal waste combustors (greater than 250 tons per day capacity); small municipal waste combustors (250 - 35 tons per day capacity); medical waste incinerators; and commercial and industrial solid waste incinerators. These final standards will establish emission limits for the following nine air pollutants from these incinerators:á particulate matter, sulfur dioxide, hydrogen chloride, nitrogen oxides, carbon monoxide, lead, cadmium, mercury, and dioxins/furans.á
ááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááá
Public Comment Period Extended on New Source Review Amendments
á
EPA is extending until Feb. 17, 2006, the public comment period on proposed changes to the New Source Review (NSR) permitting program to provide nationwide consistency in how states implement the program for electric generating units. The changes, proposed Oct. 13, 2005, would standardize the emissions tests used in NSR to determine if a physical or operational change at a power plant would cause emission increases that would require the plant to install additional pollution controls.á The proposed rule would adopt the test used under the Clean Air Act's New Source Performance Standards (NSPS).á A uniform nation-wide emissions test for the NSR program provides regulatory clarity and certainty needed to aid the smooth and effective implementation of these programs. EPA will hold a public hearing on the proposed changes from beginning at 9 a.m. Friday, Dec. 9, 2005 at EPA's offices in Research Triangle Park, N.C.
á
EPA Welcomes the USPS Northeast Area to the National Partnership for Environmental Priorities
á
EPA officials welcomed the U.S. Postal Service, Northeast Area as a new partner in a national voluntary program targeted to eliminate over 5,000,000 pounds of 31 so- called "priority" chemicals.á Almost all of these chemicals are persistent, bioaccumulative, and/or toxic in the environment. More than 50 individual industrial, state and federal facilities and organizations have joined the National Partnership for Environmental Priorities (NPEP), and the list is growing.
á
The U.S. Postal Service Northeast Area (USPSNEA) office, based in Albany, oversees more than 3,200 facilities in Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, upstate New York and Connecticut. The U.S. Postal Service Northeast Area office joined WasteWise, the Agency's municipal waste reduction program in 1997 and was inducted into the Wastewise program's "Hall of Fame" last month.
á
á
Asbestos Project Plan Available
EPA is releasing the Asbestos Project Plan describing its current and planned actions to ensure a coordinated agency-wide approach to identify, evaluate and reduce the risks to people from asbestos exposure.á The Asbestos Project Plan represents EPA's comprehensive effort to address asbestos concerns and protect public health.á The plan focuses on improving the state of the science for asbestos; identifying and addressing exposure and seeking risk reduction opportunities associated with asbestos in products, schools and buildings; and better understanding and minimizing asbestos exposures through assessment and cleanup.á
á
The agency is also currently updating the Integrated Risk Information System (IRIS) file for asbestos and has started work on the non-cancer assessment.á As part of its effort to address asbestos-related issues comprehensively, EPA is working with other federal agencies and with state and tribal representatives to ensure that there is appropriate coordination among government agencies.á As the agency obtains new information, it will take additional appropriate steps to address asbestos exposure and reduce risk to the public.á EPA is committed to providing accurate and timely public health information and is continuing to address concerns about asbestos.á
á
á
Surveyor Pleads Guilty for Falsifying Wetlands Delineation Maps
Michael Todd Ball of Loganville, Ga., pleaded guilty on Nov. 15 in U.S. District Court for the Eastern District of North Carolina to conspiracy, making a false statement and violating the Clean Water Act.á
á
According to the charges against him, Ball conspired with others to falsify wetlands delineation maps and make specific parcels of land appear suitable for development.á He then assisted in the development of a false delineation map and forged the signature of an Army Corps of Engineers official on the false map.á The map was then turned in to the Corps of Engineers to justify land-clearing activities which impacted protected wetlands.á The current landowners are working with regulatory agencies to mitigate damage at the site.á
á
Wetlands are important resources for purifying surface waters and they are a home for many species.á The case was investigated by the Charlotte Office of EPA's Criminal Investigation Division, the North Carolina State Bureau of Investigation, the Defense Criminal Investigative Service, the U.S. Army Criminal Investigation Division and the Army Corps of Engineers.á It is being prosecuted by the U.S. attorney's office in the Eastern District of North Carolina.
á
á
EPA Fines Shell Oil $16,500 for SARA Title III Chemical Reporting Violations
á
The EPA recently settled with Equilon Enterprises LLC/Shell Oil in Bakersfield, Calif. for $16,500 for failing to accurately report releases from chemicals used at the facility, a violation of the federal Emergency Planning and Community Right-to-Know Act.
á
The company allegedly failed to accurately report use of cyclohexane and MTBE to the annual Toxic Release Inventory reporting system in 2000 and 2001.
á
"These reports provide citizens with valuable information about the toxic chemicals being released in their communities and it is important that these reports are accurate," said Enrique Manzanilla, the EPA's Communities and Ecosystems Division director for the Pacific Southwest.
"This case should remind others that the EPA is maintaining a close watch over chemical reporting practices and is serious about enforcing community right-to-know laws."
á
The facility self reported the violations, and was therefore eligible for penalty reductions under the EPA's Penalty Policy.á The company has since submitted corrected reports for 2000 and 2001.
á
Federal law requires that facilities using toxic chemicals over specified amounts file annual reports of their chemical releases with the EPA and the state.á Information from these reports is then compiled into a national database and made available to the public.
á
Each year the EPA publishes a report entitled the Toxic Release Inventory Public Data Release, which summarizes the prior year's submissions and provides a trend analysis of toxic chemical releases.
á
á
SNUR for 2-ethoxyethanol, 2-ethoxyethanol acetate, 2-methoxyethanol, and 2-methoxyethanol acetate
á
EPA issued a significant new use rule under section 5(a)(2) of the Toxic Substances Control Act (TSCA) which requires persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of 2-ethoxyethanol, 2-ethoxyethanol acetate, 2- methoxyethanol, or 2-methoxyethanol acetate for domestic use in a consumer product or the manufacture or import of 2-MEA at levels greater than 10,000 pounds per year. This action finalizes the SNUR proposed in the Federal Register of March 1, 2005 (70 FR 9902) (FRL-7692-8). EPA believes this action is necessary because these chemicals may be hazardous to human health and their use in a consumer product may result in human exposure. The required notice will provide EPA with the opportunity to evaluate intended new uses and associated activities, and if necessary, prohibit or limit those uses and activities before they occur. This final rule is effective on December 29, 2005.
á .á Publicly available docket materials are available either electronically in EDOCKET or in hard copy at the OPPT Docket, EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday. The EPA Docket Center Reading Room telephone number is (202) 566-1744 and the telephone number for the OPPT Docket, which is located in the EPA Docket Center, is (202) 566-0280.
á
á
Utility Sector Leaders Pursue Energy Efficiency as Solution to Rising Energy Costs
áááááááááá
More than 50 organizations, the U.S. Department of Energy and the EPA have developed a leadership group to launch an aggressive new national commitment to energy efficiency.á The joint effort could substantially increase utility funding for energy efficiency and could save customers $200 to $300 billion on energy bills over the next 15 to 20 years. "Improving energy efficiency is not just a responsibility that falls to consumers, but the private sector and the government too," Energy Secretary Samuel W. Bodman said.á "By working together and sharing the best information and efficiency technologies, all Americans will benefit from an increased energy supply, and hopefully, lower costs." "Innovative efforts in energy efficiency are proving that environmental progress and economic development can, in fact, advance hand-in-hand," said EPA Administrator Stephen L. Johnson.á "While meeting President Bush's call to conserve, EPA and our partners are working to address our nation's growing energy demand in a way that supports our goals for a clean environment, a healthy economy, and lower energy costs." In the face of rising energy demands and costs, larger utility investments in energy efficiency are an effective way to lower consumer energy bills, decrease demand for natural gas, improve the reliability and security of the nation's energy systems, and help protect the environment.á However, a number of factors are limiting greater utility investment in energy efficiency.á Accordingly, the leadership group will look at policies and programs that are delivering results around the country, develop a common understanding of what works, and develop and follow through on recommendations for action. The leadership group is co-chaired by Diane Munns, member of the Iowa Utilities Board and president of the Natural Association Regulatory Utility Commissioners, and Jim Rogers, chairman and chief executive officer of Cinergy.á In addition to the federal agencies, the group is made up of representatives from leading gas and electric utilities, state agencies, energy service providers, environmental/energy efficiency organizations, and energy consumers. "Given the interrelationship between price, reliability and environmental impact of our energy resource decisions, I am honored to be part of this process which encourages regulators to take a fresh look at cost-effective energy efficiency resources as a means to provide necessary utility services to the customer today and in the future," said Munns. "Like Cinergy, many utilities are looking to energy efficiency to balance high demand growth with corporate goals for reduced environmental impact and costs," said Rogers.á "We are pleased to be part of this national leadership to advance the business case for energy efficiency." Leadership group members include state utility commissioners from California, Connecticut, District of Columbia, Iowa, Minnesota, New Jersey and Washington; utility executives from American Electric Power, Austin Energy, Baltimore Gas and Electric, Bonneville Power Administration, Cinergy, Entergy, Exelon, New Jersey Natural Gas, New York Power Authority, Pacific Gas and Electric, PNM Resources, Sacramento Municipal Utility District, Santee Cooper, Seattle City Light, Southern California Edison, Southern Company, and Xcel Energy; state agency representatives from California, Connecticut, Maine, North Carolina, Ohio, and Texas; environmental/energy efficiency organizations such as the Alliance to Save Energy, American Council for an Energy-Efficient Economy, and Natural Resources Defense Council; as well as representatives from ISO New England, PJM Interconnection, The Dow Chemical Company, Food Lion, Johnson Controls, Servidyne Systems, US Automobile Association Realty Company andá Vermont Energy Investment Corporation.á American Gas Association, American Public Power Association, Edison Electric Institute, National Association of Energy Service Companies, National Association of Regulatory Utility Commissioners, National Association of State Energy Officials, National Energy Assistance Directors' Organization, National Rural Electric Cooperative Association, and North American Insulation Manufacturers Association are serving as observers to the Leadership Group.
á
EPA Celebrates the Nation's Cleaner Environment on its 35th Anniversary
EPA celebrated its 35th anniversary by citing the significant progress made in pollution reduction and protecting the health of all Americans.á Since its creation by President Richard Nixon on Dec. 2, 1970, EPA has been instrumental in creating a cleaner, healthier environment. "While at 35, EPA may still be one of the newer kids on the block, the results we have delivered to the American people can stack up next to any of our federal partners in the government," said EPA Administrator Stephen L. Johnson.á "EPA's birthday present is cleaner air, water and land for all Americans -- fulfilling our obligation to leave the nation's environment healthier than when we found it."
á
Between 1970 and 2004, total emissions of the six major air pollutants dropped by 54 percent.á This is particularly impressive when noted that the gross domestic product increased 187 percent, energy consumption increased 47 percent, and U.S. population grew by 40 percent during the same time, proof that economic growth and environmental protection do go hand in hand.á Through land restoration efforts, 600,000 acres of contaminated land now provide ecological, economic, and recreational benefits.á Just last year alone, EPA and its partners took action to restore, enhance, and protect nearly 830,000 acres of wetlands. In the enforcement area, EPA since 1995 has received commitments from industry to spend more than $35 billion on environmental improvements, reducing more than 10 billion pounds of pollutants annually. "Over the last three-and-a-half decades, through the use innovative and collaborative approaches to environmental protection and a commitment to responsible stewardship, we have made remarkable progress in our ongoing effort to make the air cleaner, water purer, and the land better protected," Johnson added.á After 35 years, EPA's work continues to make substantial impacts on the environment.á Last month, the agency released an annual report highlighting progress made in 2005.á These successes include new rules for mercury and interstate air pollution that will dramatically reduce power plant emissions and an aggressive campaign to reduce pollution from diesel engines. EPA also announced $76.7 million in brownfields grant funding this year which will be used to assess, clean up and revitalize blighted sites in 45 states.á Also in FY 2005, agency enforcement actions reduced treated or eliminated more than 1.1 billion pounds of pollutants.
á
á
Toyota Voluntarily Eliminating 1,700,000 Pounds per Year of Hazardous Waste
á
EPA Region 5 presented an award to Toyota Motor Manufacturing Indiana Inc. for voluntarily eliminating 1.7 million pounds a year of hazardous waste from its manufacturing process. TMMI joined EPA's National Partnership for Environmental Priorities Program in April of 2004. Since then, TMMI identified its purge solvent and fuel tank primer as two areas where waste could be minimized. Following some experimentation and innovation, TMMI was eventually able to reduce its purge solvent waste by more than half-from 6.60 to 3.02 pounds per vehicle. This is an annual reduction of over 1.3 million pounds of hazardous waste. TMMI was also able to eliminate its fuel tank primer process resulting in a 400,000 pound annual reduction in barium. The NPEP voluntary program challenges businesses and manufacturers to become more environmentally aware and to adopt a resource conservation ethic that results in less waste, more recycling and more environment-friendly products. Waste minimization not only means polluting less; it means saving money too. Participating companies throughout the nation are learning that reducing or eliminating waste can boost production efficiency, and improve their image in their community and increase profits. EPA created NPEP as part of the Agency's family of voluntary partnership programs, to reduce 30 highly toxic, priority chemicals found in the nation's hazardous waste. This program seeks solutions that prevent pollution at its source, by recovering or recycling chemicals that cannot be easily eliminated or reduced at the endpoint. EPA's goal is to work with industry and the public to reduce the presence of the 30 priority chemicals in hazardous waste by 50 percent before the end of this year, compared with amounts generated in 1991.
á
Missouri Launches Compliance Assistance Initiative
á
The Department of Natural Resources has launched a new compliance assistance initiative to assist citizens, communities and businesses that receive permits, licenses, certifications and registrations from the department and to improve environmental compliance.
á
In the first phase of the new initiative, the department will visit land disturbance sites, newly permitted air sources, drinking water facilities where permit actions are anticipated, limestone quarries and hazardous waste generators. The department will walk permittees through their unique permit requirements and provide compliance assistance rather than conduct formal inspections.
á
ôOur goal is to enhance environmental compliance by assisting permitted facilities that have not had a previous visit or inspection,ö said Department of Natural Resources Director Doyle Childers. ôBecause this is not a formal inspection, compliance assistance will be provided with the expectation that corrections will be made if we discover any problems. However, the department will initiate formal enforcement actions if violations of a very serious nature are found.ö Very serious violations are those that are immediately or imminently harmful to human health or the environment, such as a hazardous waste release.
á
Working on compliance up front is more beneficial for everyone, said Childers. ôFirst and foremost, it protects the environment because itÆs preventative rather than an after-the-fact cleanup,ö said Childers. ôThis saves time and effort for citizens, communities and businesses while our air, land and water resources are protected.ö
á
The Department of Natural Resources conducted about 250 assistance visits in November. The experiences from this startup phase will be reviewed, and changes will be made where warranted. This type of visit will become routine starting in January 2006. The department is also actively pursuing other improvements to its permitting and enforcement processes. ôWe believe a faster, more comprehensive permitting process, in combination with our compliance assistance efforts, will enhance environmental protection and result in improved service to Missouri citizens, communities and businesses,ö said Childers.
á
á
EPA Reaches Agreement with Checkmate Boats
á
EPA Region 5 has reached an agreement with Checkmate Boats Inc. on alleged clean-air violations at the company's boat manufacturing plant at 3691 State Route 4 N., Bucyrus, Ohio. EPA assessed a $1,500 penalty. The agreement resolves EPA allegations that Checkmate used fiberglass resins, gel coats, solvents and adhesives in its manufacturing processes that contained excessive amounts of hazardous air pollutants. EPA also alleged that the company failed to comply with reporting and recordkeeping requirements. In a related action, Checkmate agreed to an EPA order to comply by the end of January 2006 with all EPA regulations alleged to have been violated.
á
EPA Cites Greif Brothers and H-O-H Chemicals for Clean-Air Violations
á
EPA Region 5 has cited Greif Brothers Corp., 4300 W. 130th St., Alsip, Ill., and H-O-H Chemicals Inc., 500 S. Vermont St., Palatine, Ill., for alleged clean-air violations at two industrial process cooling towers at the Greif Brothers metal drum production plant in Alsip. EPA alleges that H-O-H Chemicals supplied and monitored chromium-based corrosion inhibitors for treating water used in the Greif Brothers cooling towers in violation of national emission standards for hazardous air pollutants. The chemicals used were sodium chromate and sodium dichromate, both hexavalent chromium compounds. "EPA's mission is to protect public health and the environment," said Regional Administrator Thomas V. Skinner. "We will take whatever steps are needed to ensure compliance with the Clean Air Act." These are preliminary findings of violations. To resolve them, EPA may issue compliance orders, assess administrative penalties or bring suits against the companies. The companies have 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations. Short-term exposure to hexavalent chromium can cause shortness of breath, coughing and wheezing. Long-term exposure can cause perforations and ulcerations of the nasal septum, bronchitis, decreased pulmonary function, pneumonia and other respiratory effects. Hexavalent chromium is also a known cancer-causing agent.
á
EPA Cites Top Die for Clean-Air Violations
EPA Region 5 has cited Top Die Casting Co. for alleged clean-air violations at the company's secondary aluminum production plant in South Beloit, Ill. EPA alleges that Top Die failed to test its emissions for dioxins and furans. In addition, EPA alleges that the company failed to comply with notification and reporting requirements. "EPA's mission is to protect public health and the environment," said Regional Administrator Thomas V. Skinner. "We will take whatever steps are needed to ensure compliance with the Clean Air Act." These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. Top Die has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations. There is evidence that dioxins may cause liver damage and probably cause cancer in humans, while furans may also cause cancer.
á
á
EPA Cites Del's Metal for Clean-Air Violations
á
EPA Region 5 has cited Del's Metal Co. for alleged clean-air violations at the company's secondary aluminum production operation in Rock Island, Ill. EPA alleges that Del's Metal failed to test its sweat furnace emissions for dioxins and furans or to install an afterburner to destroy the dioxins and furans. EPA also alleges that the company did not comply with planning, notification and recordkeeping requirements. "EPA's mission is to protect public health and the environment," said Regional Administrator Thomas V. Skinner. "We will take whatever steps are needed to ensure compliance with the Clean Air Act." These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. Del's Metal has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations. There is evidence that dioxins may cause liver damage and probably cause cancer in humans, while furans may also cause cancer.
á
á
Hog Farm Sentenced for Clean Water Act Violation
á
EPA announced that Indika Farms, Incorporated of Windsor, Virginia, was sentenced to 60 months probation and ordered to pay a $50,000 fine for violating the Clean Water Act. The company must also provide $50,000 as community service to the City of Norfolk to be used by the Norfolk Fire-Rescue Department for hazardous materials training, equipment and supplies, and implement an environmental management system The criminal indictmentá filed on June 8, 2005, alleges that Indika Farms, Incorporated on three occasions between October 1999 and December 2003, used a sump pump and hose to deliberately discharge liquefied waste from its hog lagoon, knowing the discharge would enter Carbell Swamp in Isle of Wight County. Carbell Swamp is a water of the United States which flows into Lake Prince, a drinking water reservoir of the City of Norfolk. Each of the three discharges began in the late afternoon and continued into the night. On each occasion, the sump pump was operated for at least eight hours and discharged at least 120 gallons of waste per hour. On none of the occasions did the defendant notify the EPA or any other state or local regulatory agency, either before or after the discharge. Nor, after any discharge, did the defendant take measures to modify the lagoon to withstand severe weather. There is no evidence that the discharges affected the City of NorfolkÆs treated drinking water supply. According to the Hampton Roads Daily Press, the farm received an award for clean water efforts from the state Department of Conservation and Recreation in 1998.
á
á
Training for Remediation of Munitions Sites
á
ôITRC Site Investigation and Remediation for Munitions Response Projects - December 6.öá This training provides an introduction and overview of the processes, tools, and techniques used in investigation and remediation. These concepts are illustrated using an example munitions response site. Major steps in each process are identified and key regulatory considerations discussed. This training also identifies additional sources for more detailed information on key aspects of investigation and remediation. Anyone who needs to understand the general processes involved in these critical aspects of the munitions response process will benefit from this training.á
á
á
EPA Orders Central Jefferson County Utilities to Correct Clean Water Act Violationsááá
á
EPA has issued an administrative compliance order to the Central Jefferson County UtilitiesÆ wastewater treatment plant to immediately correct significant, long-standing violations of the Clean Water Act.
á
The Central Jefferson County UtilitiesÆ (CJCU) plant services the Raintree Plantation subdivision. The plant does not have sufficient capacity and has not been properly operated and maintained, which has caused illegal discharges of sewage to Gallagher Creek.
á
To prevent further illegal discharges and environmental harm, the order prohibits CJCU from allowing new hookups to its wastewater system unless it certifies that the system has sufficient capacity to handle the additional flows.
á
The order also requires CJCU to clean up the sewage that it has illegally discharged into Gallagher Creek. In addition, the order requires CJCU to immediately rectify some of its ongoing operation and maintenance problems.
á
EPA has closely coordinated with the Missouri Department of Natural Resources (MDNR) on this action. EPA issued the order after CJCU failed to work with MDNR to correct its problems in a cooperative manner.
á
EPA understands that future growth is expected in the Raintree Plantation subdivision. CJCU has applied for and received a permit to upgrade construction on its wastewater treatment plant, but it is our understanding that they have not broken ground on this project yet. EPA issued the order to prevent further damage to the environment while the plant expansion is pending.
The order only addresses these immediate actions. Additional actions requiring further long-term plant improvements, as well as penalties, are possible.
á
á
Arizona Fines Praxair $550,000 for Air Quality Violations
á
Arizona Department of Environmental Quality Director Steve Owens announced a $550,000 penalty against Praxair for air quality violations at the company's Mohave County facility.
á
Owens said that Praxair has entered into a Consent Judgment with ADEQ and is paying the penalty because since at least May 2003 the company failed to properly maintain its air pollution scrubbing equipment and had illegally operated without air quality monitoring equipment connected to the scrubber. Praxair's operation in this manner led to an unknown amount of emissions of arsine, a toxic gas that is formed when arsenic comes in contact with acid. Praxair also violated several other conditions of its air quality permit requiring monitoring and reporting of emissions of hazardous air pollutants at its facility which is located approximately 15 miles south of Kingman.
á
"Arsine is a very hazardous gas, and the substantial penalty reflects the grave and serious nature of the violations that occurred at this facility," Owens said.
á
Per the Consent Judgment, Praxair will be required to monitor and report emission levels to ADEQ. Failure to monitor and report, or failure to follow the operations and maintenance plan approved by ADEQ could result in additional penalties against Praxair.
á
Praxair's Kingman facility produces and supplies gases for various manufacturing purposes.
The Consent Judgment is subject to final court approval in Maricopa County Superior Court.
á
á
Connecticut Proposes Rules to Cut Greenhouse Gas Emissions from Cars, SUVs and Light Trucks
á
Attorney General Richard Blumenthal and the Connecticut Department of Environmental Protection (DEP) announced that proposed rules to reduce greenhouse gas emissions from cars, SUVs and light trucks are one step closer to completion.
á
At a news conference in Hartford, Attorney General Blumenthal and DEP Commissioner Gina McCarthy said revised clean car regulations to keep Connecticut in compliance with the so-called California Low Emission Vehicle (LEV II) program are being sent for final approval to the General AssemblyÆs Regulations Review Committee. The committee is expected to act on the regulations û which were developed by DEP and signed by the Attorney General - at a meeting scheduled for December 20.
á
The regulations will require California-certified vehicles sold in Connecticut beginning with the 2009 model year to reduce emissions of greenhouse gases by up to 30% by the year 2016. The new DEP regulations were drafted in response to passage last year of Public Act 04-84, which directed the DEP to implement the California LEV II program and to revise the stateÆs emissions standards whenever necessary to keep them identical with CaliforniaÆs requirements.
á
Attorney General Blumenthal said, "These standards mean a new era of cleaner cars - putting Connecticut at the forefront of the national battle against greenhouse gas emissions and global warming. The new technology is readily available and cost-effective to drastically reduce emissions from cars, which account for about 40 percent of our state's home-grown air pollution. Global warming caused by greenhouse gas emissions such as CO2 does real and drastic damage by eroding our shorelines, spreading infectious disease, worsening storms and floods."
"Cars are a major culprit and states with one-third of all the nations' cars will join these regulations by year's end," Attorney General Blumenthal said. "Necessity should be the mother of environmental invention. We are ready and able to fight any court challenge such as the one already brought in California against specious industries' objection. If there were a superbowl for arrogance, the automobile industry could retire the trophy for challenging these regulations."
á
Commissioner McCarthy said, "With the leadership of Governor Rell, controlling air pollution from cars and trucks is a top priority for the state of Connecticut and DEP. Our efforts did not begin, nor did they end, with the passage of last yearÆs landmark "Clean Cars" legislation and the initial adoption of our LEV II rules. Motor vehicles are responsible for about 40% of our "home-grown" air pollution, including greenhouse gases such as carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O) and hydrofluorocarbons (HFCs). Adopting the latest California standard will put a real dent in the level of these emissions."
á
"Climate change is real, as is the threats it poses to the safety and well being of the people of Connecticut," Commissioner McCarthy said. "The question we must now ask ourselves is, æWhat can we do to minimize our personal contribution to greenhouse gas emissions and climate change?Æ The answer lies in how we conduct our daily lives: how we drive, what we drive, and how we heat and power our homes and offices. These proposed regulations are another solid step to move us in the right direction."
á
The proposed DEP regulations will revise ConnecticutÆs current clean car regulations that implement the California LEV II program. Existing regulations to comply with the California LEV II program already require steps to reduce emissions starting with model year 2008 car, SUVs and light trucks. The proposed new regulations will reduce greenhouse gas emissions starting with model year 2009 by requiring the use of "off-the-shelf" technology, such as more efficient turbocharged engines and air conditioner systems.
á
While the new LEV II requirements are expected to increase the price of a new car by about $1,000 when fully phased in, experts say reduced operating expenses will offset this cost within two-three years depending on the cost of fuel.
á
In addition to Connecticut, nine other states have adopted or are moving to adopt the more stringent California LEV II program. Those states are: New York, New Jersey, Massachusetts, Rhode Island, Vermont, Pennsylvania, Maine, Washington and Oregon. Experts say these states represent about one-third of the nationÆs auto sales.
á
á
Pennsylvania Implements Aggressive Steps to Improve Water Quality
á
Governor Edward G. Rendell said 2005 has been a pivotal year for water quality improvements in Pennsylvania, as restoration efforts have focused on implementing new and innovative approaches to reduce nutrient pollution permanently and consistently throughout the Chesapeake Bay watershed.
á
ôThis year marked a turning point,ö Governor Rendell said during the annual meeting of the Chesapeake Executive Council. ôUsing scientific studies done since 2000, we have taken aggressive action to clean up our waterways, including imposing mandatory discharge reductions on sewage treatment plants and other major sources, tough new water quality requirements for farming operations and hundreds of millions of new state dollars for restoration.ö
á
ôThe key now is to stay on track, see these ambitious new requirements through and, hopefully, succeed in securing new and additional support from our partners in Washington,ö Governor Rendell said.
á
In January, Governor Rendell unveiled a wide-ranging water quality initiative designed to clean up the stateÆs rivers and streams, enhance the health of families and preserve the rural character and farming economy of Pennsylvania. This tributary strategy also signaled a dramatic increase in state funding targeted for water quality initiatives and resulted in a greatly increased rate of implementation for mechanisms and delivery systems needed to clean up waterways.
á
Pennsylvania took an important step in August by imposing new nutrient conditions in the National Pollution Discharge Elimination System permits of 190 significant sewage and industrial dischargers in the commonwealth. Permits will be amended to require the monitoring and reporting of total nitrogen and phosphorus. For planning purposes, estimated nutrient load limits will be provided to significant discharges before the end of the year. Nutrient load limits will be included in permits as they come up for renewal and re-issuance.
á
Full implementation of the point source control program will achieve an estimated reduction of 5.4 million pounds of nitrogen and 250,000 pounds of phosphorus per year in the Susquehanna and Potomac River watersheds in Pennsylvania.
á
The commonwealth also finalized extensive water quality regulations for large-scale farms and expanded the number of farming operations considered Concentrated Animal Feeding Operations from 165 to 350, therefore requiring more operations to obtain permits. CAFOs are large farming operations with a high number of animals. These operations produce large amounts of animal waste, which must be properly managed to protect water quality.
á
New manure management requirements for all agricultural operations establish vegetative buffers or setbacks along the edge of streams and close the ôexport loophole,ö requiring farms that import manure to meet the same requirements as the farm that produces the manure. With these sweeping changes, more than 5,000 farms will have full nutrient management plans -- increasing the number of highly regulated farms in Pennsylvania by 600 percent.
á
Pennsylvania was the first state to enact nutrient management laws for farms, as well as a leader in setting up a federally approved permit program for large-scale farming operations. The changes go beyond federal requirements and provide a comprehensive solution to nutrient management problems in the state, balancing the needs of the stateÆs agricultural community with efforts to protect the integrity of commonwealth water resources.
á
In September, Governor Rendell introduced a new nutrient and sediment trading policy that offers farmers, communities and industries another tool to help them meet, or exceed, state and federal water quality goals. This market-based program provides incentives for entities to create credits by going beyond statutory, regulatory or voluntary obligations and goals. The credits can be traded to others to help them more cost effectively meet their obligations or goals.
á
While many facilities can cost effectively achieve nutrient reductions by proper planning and operational changes, others may have to incur capital costs. Nutrient trading allows these facilities to look at nutrient reduction as an environmentally creative and cost-effective way to tackle water quality issues.
á
Pennsylvania is investing heavily in water restoration efforts. The GovernorÆs Growing Greener II initiative secured $625 million in new funds that, like the original Growing Greener program, provide substantial new resources for projects that improve water quality. PennWorks provides $250 million to finance upgrades to water and wastewater systems statewide and specifically makes nutrient reduction investments a priority in the Susquehanna and Potomac watersheds in Pennsylvania.
á
More than half of the state is within the 64,000-square-mile Chesapeake Bay Watershed. The Susquehanna River, the BayÆs largest tributary, provides roughly half of the total freshwater flow to the Bay. The Potomac River adds another 20 percent.
á
As part of the Chesapeake 2000 Agreement among Bay states and partners, Pennsylvania agreed to reduce yearly nitrogen, phosphorus and sediment discharges to the Bay to no more than 71.9 million pounds, 2.46 million pounds and 0.995 million tons, respectively. These reductions are projected to prevent localized impairment and improve water quality in the Bay.
ôWe are moving aggressively to restore PennsylvaniaÆs waterways -- reducing nutrients and sediments that flow into local streams and impair our rivers,ö Governor Rendell said. ôThe innovations weÆre putting in place today and the actions weÆre taking now will contribute further to the stateÆs already successful efforts to restore these vital natural resources.ö
á
As recognized by the American Farmland Trust, Pennsylvania leads the nation in the number of farms and acres of farmland protected. Pennsylvania has preserved 2,717 farms totaling 311,679 acres -- more than any other state in the nation.
á
Pennsylvania already has reached the Chesapeake 2000 Agreement land preservation goal to permanently preserve 20 percent of the land area in its Bay watershed. More than 3 million acres are preserved. By the end of 2005, Pennsylvania also will have restored 1,135 miles of riparian forest buffers more than 35-feet wide.
á
More than 2,250 acres of wetlands have been restored and an additional 2,830 wetland acres have been enhanced to improve their function. Pennsylvania also has made the restoration of fish passageways a high priority. To date, 548 stream miles have been opened. Pennsylvania has advanced the removal of more than 50 dams and the construction of nearly a dozen fish passage facilities in the Susquehanna River Basin since 1994.
á
Governor Rendell is the stateÆs first chief executive to serve as chairman of the Chesapeake Executive Council since its inception. At the conclusion of his term, Governor Rendell turned over the chairmanship duties to Maryland Governor Robert L. Ehrlich Jr. during a ceremony at National Geographic SocietyÆs headquarters in Washington, D.C.
á
á
á
Pennsylvania Issues Notice of Violation to PPL
á
The Department of Environmental Protection has issued a notice of violation to PPL Corp. for a fish kill that occurred last Wednesday. The kill happened because of a sharp increase in the temperature of the water discharged into the Susquehanna River from the companyÆs Brunner Island electric generating facility.
á
ôPPL took a circulation pump off line and that resulted in a rapid and dramatic rise of about 20 degrees in the temperature of the water flowing to the river from the companyÆs discharge channel,ö DEP South-central Regional Director Rachel Diamond said. ôPPL exceeded the thermal limits in their discharge permit and violated sections of PennsylvaniaÆs Clean Streams Law.ö
The notice of violation requests that a full report of the incident be submitted to DEP within 10 days. The report must include the circumstances leading to the incident, measures taken to alleviate the problem and plans to prevent similar incidents in the future.
á
PPL notified DEP of the incident Wednesday. During a field investigation, the department documented the fish kill in the river.
á
DEPÆs investigation of the incident is ongoing. The Pennsylvania Fish and Boat Commission is investigating the extent of the fish kill.
á
á
Building Contractor Pays $4,200 DEQ Penalty for Mismanaging Asbestos Abatement
á
Bogatay Construction Inc. of Klamath Falls has paid a $4,200 Oregon Department of Environmental Quality (DEQ) penalty for conducting an unlicensed asbestos abatement project without being licensed during the companyÆs remodeling of the KC Building at 2121 Main St. in Klamath Falls.
á
Bogatay failed to properly package and label broken and shattered asbestos-containing waste material generated during the project to prevent it from exposure to the elements. While in this friable state, asbestos-containing waste material may continue to release asbestos fibers into the air, exposing neighbors and the public to asbestos.
á
Asbestos fibers are a respiratory hazard proven to cause lung cancer, mesothelioma, asbestosis and other respiratory diseases; they also are a hazardous air contaminant for which there is no known safe level of exposure.
á
An Oregon-licensed asbestos abatement contractor is required to handle the removal of friable asbestos-containing materials. A licensed asbestos abatement contractor would have wet the material during removal, placed it in leak-tight containers, clearly labeled the containers as asbestos-containing and disposed of it in a timely manner to prevent emissions of asbestos fibers into the air.
á
Nonfriable (unbroken and intact) asbestos-containing waste materials can be safely handled by homeowners and general contractors, provided it is wet and remains intact during the removal process. As there are various handling and notification requirements for different types of asbestos-containing materials, contacting DEQ is recommended before starting any related project.
á
á
Auto Dealer Pays $1,416 Penalty for Solid Waste Management Violation
á
Bend Garage Company, doing business as Bob Thomas Chevrolet-Cadillac-Honda, has paid a $1,416 Oregon Department of Environmental Quality (DEQ) penalty for disposing of solid waste at a location other than a solid waste disposal site permitted by DEQ to receive waste. á
á
In December 2004, the company began voluntary cleanup of 10 cubic yards of soil contaminated with high levels of diesel, heavy oils, toxic metals and other pollutants caused by a spill from a waste oil storage tank on the dealershipÆs property at 345 NE Third St. in Bend. DEQ regulates the disposal of contaminated soil because of the threat these materials present.
á
The companyÆs environmental consultant advised that the petroleum-contaminated soil needed to be disposed of at Knott Landfill, a nearby facility permitted by DEQ to accept solid wa
