EPA and DOT’s Semiannual Spring 2010 Regulatory Agendas Now Available

EPA and DOT are among the many federal agencies that have made information available through the Federal Government’s Unified Regulatory Agenda. The goal of the agenda is to update the public regarding:

• Regulations and major policies currently under development,
• Reviews of existing regulations and major policies, and
• Rules and major policymakings completed or canceled since the last Agenda.

The actions included on the Agenda are a combination of pre-rules, proposed rules, final rules, and long-term actions.

Some highlights of EPA’s Spring 2010 Agenda items include:

• Proposed Rule—Oil and Natural Gas Systems Greenhouse Gas Reporting Rule )
• Proposed Rule—Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs (
• Proposed Rule—Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Requirements 
• Proposed Rule—Determination of Confidential Business Information Collected Under the GHG Mandatory Reporting Program (
• Proposed Rule—TSCA Inventory Update Reporting Modifications (
• Final Rule—Toxics Release Inventory (TRI) Articles Exemption Clarification Rule (
• Long-Term Actions—Hazardous Waste Manifest Revisions--Standards and Procedures for Electronic Manifests (
• Long-Term Actions—Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes (
• The actions included in the Agenda specifically under DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) are as follows:

Agency	Agenda Stage of Rulemaking	Title	RIN
DOT/PHMSA	Prerule Stage	Hazardous Materials: Combustible Liquids
DOT/PHMSA	Prerule Stage	Hazardous Materials: Adoption of American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code Section XII and the National Board Boiler and Pressure Vessel Inspectors Code
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Requirements for Storage of Explosives During Transportation
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Combination Packages Containing Liquids Intended for Transport by Aircraft
DOT/PHMSA	Proposed Rule Stage	Pipeline Safety: Completing Regulation of Hazardous Liquid Pipelines Operating at Low Stress
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Bulk Loading and Unloading Operations
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Compatibility With the Regulations of the International Atomic Energy Agency (IAEA)
DOT/PHMSA	Proposed Rule Stage	Revision to Requirements for Harmonization With the UN Recommendations, IMDG Code, and ICAO Technical Instructions
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Miscellaneous Amendments
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids (Wetlines)
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Incorporation of Certain Rail Special Permits Into the Hazardous Materials Regulations
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Incorporation of Certain Cargo Tank Special Permits Into the HMR
DOT/PHMSA	Proposed Rule Stage	Hazardous Materials: Revision of Special Permits Procedures
DOT/PHMSA	Proposed Rule Stage	Pipeline Safety: Miscellaneous Amendments to the Pipeline Safety Regulations
DOT/PHMSA	Final Rule Stage	Hazardous Materials: Enforcement Regulations
DOT/PHMSA	Final Rule Stage	Pipeline Safety: Updates to Pipeline and Liquefied Natural Gas Reporting Requirements
DOT/PHMSA	Final Rule Stage	Incorporation of Special Permits Into Regulations
DOT/PHMSA	Final Rule Stage	Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Edits
DOT/PHMSA	Final Rule Stage	Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries
DOT/PHMSA	Long-Term Actions	Pipeline Safety: Enforcement of State Excavation Damage Laws
DOT/PHMSA	Completed Actions	Hazardous Materials: Miscellaneous Packaging Amendments
DOT/PHMSA	Completed Actions	Pipeline Safety: Distribution Integrity Management
DOT/PHMSA	Completed Actions	Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements
DOT/PHMSA	Completed Actions	Pipeline Safety: Control Room Management/Human Factors
DOT/PHMSA	Completed Actions	Hazardous Materials: Registration and Fee Assessment Program
DOT/PHMSA	Completed Actions	Hazardous Materials: Adjustment of Maximum and Minimum Civil Penalties
DOT/PHMSA	Completed Actions	Pipeline Safety: Editorial Amendments to the Pipeline Regulations
DOT/PHMSA	Completed Actions	Hazardous Materials: Requirements for Batteries & Battery-Powered Devices; and Harmonization With the UN Recommendations, IMDG Code & ICAO Technical Instructions; Corrections

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EPA Makes Chemical Information/Searchable Database on Chemical Hazard, Exposure, and Toxicity Data Available

EPA is making it easier to find chemical information online. ToxRefDB captures 30 years and $2 billion of testing results.

“Tens of thousands of chemicals are in commerce and current chemical testing is expensive and time consuming.  “ToxRefDB allows the public to search, find and compare available studies about chemical toxicity and potential health effects.”

ToxRefDB provides detailed chemical toxicity data in an accessible format. Those interested in chemical toxicity can query a specific chemical and find all available public hazard, exposure, and risk-assessment data, as well as previously unpublished studies related to cancer, reproductive, and developmental toxicity.

ToxRefDB connects to an EPA chemical screening tool called ToxCast. ToxCast is a multi-year, multi-million dollar effort that uses advanced science tools to help understand biological processes impacted by chemicals that may lead to adverse health effects. ToxCast currently includes 500 fast, automated chemical screening tests that have assessed over 300 environmental chemicals. ToxRefDB, along with ACToR, allows users to take advantage of this linkage to find and download these results.

ToxRefDB also contains toxicity information that forms the basis for pesticide risk assessments when combined with other sources of information, such as those on exposure and metabolism.

EPA to Cut Mercury and Other Toxic Emissions from Boilers and Solid Waste Incinerators to Reduce Air Pollution

EPA is issuing proposals that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters, and solid waste incinerators. These pollutants include several air toxics which are known or suspected to cause cancer or other serious health problems and environmental damage. The proposed rules are estimated to yield more than 5 dollars in public health benefits for every dollar spent.

“Strong cuts to mercury and other harmful emissions will have real benefits for our health and our environment, spur clean technology innovations and save American communities billions of dollars in avoided health costs,” said EPA Administrator Lisa P. Jackson. “This is a cost-effective, commonsense way to protect our health and the health of our children, and get America moving into the clean economy of the future.”

Combined, these proposals would cut annual mercury emissions from about 200,000 industrial boilers process heaters and solid waste incinerators, slashing overall mercury emissions by more than 50%. Industrial boilers and process heaters are the second largest source of mercury emissions in the United States.

Mercury can damage children’s developing brains and nervous systems even before they are born. When emitted to the air, mercury eventually settles in water, where it can change into methylmercury, which builds up in ocean and freshwater fish and can be highly toxic to people who eat the fish. This sometimes leads to fish consumption advisories to protect public health.

When fully implemented, EPA’s proposal would yield combined health benefits estimated at $18 to $44 billion annually. These benefits include preventing between 2,000 and 5,200 premature deaths, and about 36,000 asthma attacks a year. Estimated annual costs of installing and operating pollution controls required under these rules would be $3.6 billion.

These actions cover emissions from two types of combustion units. The first type of unit, boilers and process heaters, burns fuel such as natural gas, coal, and oil to produce heat or electricity. These units can also burn non-hazardous secondary materials such as processed tires and used oil. Boilers are located at large industrial facilities and smaller facilities, including commercial buildings, hotels, and universities. The second type of unit, commercial and industrial solid waste incinerators, burns solid waste.

Large boilers and all incinerators would be required to meet emissions limits for mercury and other pollutants. Facilities with boilers would also be required to conduct energy audits to find cost effective ways to reduce fuel use and emissions. Smaller facilities, such as schools, with some of the smallest boilers, would not be included in these requirements, but they would be required to perform tune-ups every two years.

EPA is also proposing to identify which non-hazardous secondary materials would be considered solid waste and which would be considered fuel. This distinction would determine whether a material can be burned in a boiler or whether it must be burned in a solid waste incinerator. EPA is also soliciting comments on several other broader approaches that would identify additional non-hazardous secondary materials as solid waste when burned in combustion units.

EPA will take comment on these proposed rules for 45 days after they are published in the Federal Register and EPA will hold a public hearing on these rules soon after they are published in the Federal Register. 

Statement of Lisa P. Jackson to House Subcommittee on Energy and the Environment: Legislative Hearing on Clean Energy Policies that Reduce U.S. Dependence on Oil

Chairmen Markey and Waxman, Ranking Members Upton and Barton, Chairman Emeritus Dingell, and Members of the Subcommittee, thank you for inviting me to testify about the Environmental Protection Agency’s work to reduce America’s oil dependence and greenhouse gas emissions. That work stems from two seminal events.

First, in April 2007, the U.S. Supreme Court concluded in Massachusetts v. EPA that the Clean Air Act’s definition of air pollution includes greenhouse gases. The Court rejected then-Administrator Johnson’s refusal to determine whether that pollution from motor vehicles endangers public health or welfare.

In response to the Supreme Court’s decision, and based on the best available science and EPA’s review of thousands of public comments, I found in December 2009 that motor-vehicle greenhouse gas emissions do endanger Americans’ health and welfare.

I am not alone in reaching that conclusion. Scientists at the 13 federal agencies that make up the U.S. Global Change Research Program have reported that unchecked greenhouse gas emissions pose significant risks to the wellbeing of the American public. The National Academy of Sciences has stated that the climate is changing, that the changes are mainly caused by human interference with the atmosphere, and that those changes will transform the environmental conditions on Earth unless counter-measures are taken.

The second pivotal event was the agreement President Obama announced in May 2009 between EPA, the Department of Transportation, the nation’s automakers, America’s autoworkers, and the State of California to seek harmonized, nationwide limits on the fuel consumption and greenhouse gas emissions of new cars and light trucks.

My endangerment finding in December satisfied the prerequisite in the Clean Air Act for establishing a greenhouse gas emissions standard for cars and light trucks of Model Years 2012 through 2016. So I was able to issue that final standard earlier this month, on the same day that Secretary of Transportation Ray LaHood signed a final fuel efficiency standard for the same vehicles.

Using existing technologies, manufacturers can configure new cars and light trucks to satisfy both standards at the same time. And vehicles complying with the federal standards will automatically comply with the greenhouse gas emissions standard established by California and adopted by 13 other states. This harmonized and nationally uniform program achieves the goal the President announced last May.

Moreover, the EPA and DOT standards will reduce the lifetime oil use of the covered vehicles by more than 1.8 billion barrels. That will do away with more than a billion barrels of imported oil, assuming the current ratio of domestic production to imports does not improve. The standards also will eliminate more than 960 million metric tons of greenhouse gas pollution.

But if Congress now nullified EPA’s finding that greenhouse gas pollution endangers the American public, that action would remove the legal basis for a federal greenhouse gas emissions standard for motor vehicles. Eliminating the EPA standard would forfeit one quarter of the combined EPA-DOT program’s fuel savings and one third of its greenhouse gas emissions cuts. California and the other states that have adopted California’s greenhouse gas emissions standard would almost certainly respond by enforcing that standard within their jurisdictions, leaving the automobile industry without the nationwide uniformity that it has described as vital to its business.

I would like to mention one more action that EPA has taken to reduce America’s oil dependence and greenhouse gas emissions. In February, I signed a final renewable fuels standard. It substantially increases the volume of renewable products—including cellulosic bio-fuel—that refiners must blend into transportation fuel. EPA will implement the standard fully by the end of 2022. In that year alone, the standard will decrease America’s oil imports by 41 and a half billion dollars. And U.S. greenhouse gas emissions that year will be 138 million metric tons lower thanks to the standard.

EPA’s recent work on vehicles and fuels shows that enhancing America’s energy security and reducing America’s greenhouse gas pollution are two sides of the same coin.

NSF International and GREENGUARD Partner to Develop New Standard to Help Limit Indoor Air Contaminants

This comprehensive standard will streamline the many methods currently used for measuring and limiting chemical emissions from products, and will incorporate the most recent science on human health and toxicology to provide acute and chronic chemical exposure limits.

The final GEI-NSF standard will serve as a valuable tool for sustainability programs; federal, state, and local governments; code officials; architects and designers; health professionals; specifying professionals; and consumers by helping them choose products that minimize air pollutants in indoor environments.

“Building occupants are exposed to thousands of chemicals emitted from products—many of them harmful—and few programs address more than a small percentage of these compounds,” said Henning Bloech, executive director of GEI. “I am hopeful that this effort will go beyond existing programs and create a new, health-focused leadership standard that consumers, manufacturers, and building codes and rating systems can adopt to minimize chemical exposure.”

The GEI-NSF standard will be developed under the American National Standard Institute’s (ANSI) Essential Requirements for adoption as an ANSI Standard. The ANSI Standard development process ensures that the standard is developed in a balanced, open, and collaborative manner with participation from multiple stakeholders to avoid potential conflicts of interest. A consensus committee made up of government and public health officials, academics, industry leaders, and product users helps develop and vote on the standard, while a group of subject matter experts provides insight and guidance. Subsequent mandatory public comment periods allow individual stakeholders and organizations to participate in the development process.

“This collaboration was a natural fit for our two organizations, as GEI and NSF both strive to protect public health as part of their mission,” said Jane Wilson, Director of Standards Development for NSF International. “Integrating GREENGUARD’s expertise in product emissions and NSF International’s expertise in standards development will help to improve indoor air quality.”

Oklahoma Pipeline Company Fined Over $400,000 for Gasoline Spill

The Magellan Pipeline Company, L.P., of Tulsa, Oklahoma, has agreed to pay a $418,000 fine in order to resolve violations of the federal Clean Water Act. According to the consent decree, on January 5, 2008, approximately 1,075 barrels (45,150 gal) of gasoline leaked from Magellan’s 12-inch distribution pipeline near Oologah, Oklahoma. The gasoline reached Four Mile Creek, a tributary of the Verdigris River, which flows into Lake Oologah. The cause of the pipeline leak was a failed weld at a coupling point.

“Pipeline owners and operators must ensure necessary steps are taken to minimize the potential of fuel spills,” said EPA Regional Administrator Al Armendariz. “EPA will pursue those who fail to comply with laws that protect our nation’s waters.”

The Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon navigable waters of the United States or adjoining shorelines in quantities that may be harmful to public health or the environment. The fine paid for this spill will be deposited in the federal Oil Spill Liability Trust Fund. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate for damages when there is a discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.

Brown Transfer and Storage Co. Ordered to Comply with Hazardous Waste Storage and Management Laws

EPA Region 7 has issued a legal order against Brown Transfer and Storage Co., a warehouse company in St. Joseph, Missouri.

 The consent agreement and final order directs Brown Transfer and Storage Co., to address issues at warehouses located at 1711 Penn Street, 920 South 6th Street, 1302 North 6th Street, and 2345 South 6th Street.

Inspections in January 2008 found the company was storing a combined total of more than 5,000 lb of various hazardous wastes at those facilities, all without proper permits as required by the federal RCRA regulations and Missouri state laws.

The stored materials included xylene, hydrochloric acid, sodium hydroxide, paint wastes, petroleum distillates, flammable liquids, sodium hydroxide, waste aerosols, and broken fluorescent bulbs, among others. These hazardous wastes were determined to be ignitable, corrosive, reactive, and/or toxic, and potentially harmful to human health and the environment. Brown Transfer and Storage Co., properly disposed of the wastes in March 2008.

In addition to storing the materials without proper permits, the legal filing alleges that Brown Transfer and Storage Co., failed to conduct hazardous waste analysis for the stored materials for at least a year, that it failed to perform weekly inspections of the materials, and that it failed to properly train employees on the management of hazardous wastes. The company also failed to make necessary precautionary arrangements with local hospitals and emergency responders in regard to each facility, and did not have contingency plans and emergency procedures in place for each facility, the order states.

Brown Transfer and Storage Co., must act within 14 days of the order to select a contractor, subject to EPA approval, to develop a plan to conduct site characterizations of areas in which wastes were stored and where releases of solid and hazardous wastes have occurred. Related work plans must include schedules for the ultimate cleanup of any contaminated areas. EPA may also require the company to perform investigatory sampling of air, soil, surface water, and groundwater, and other activities that may be determined necessary for the protection of human health and the environment.

Oregon DEQ Issues $6,961 Penalty to Auto Truck Transport Corp. for Stormwater Permit Violations

 

Auto Truck Transport Corp., failed to conduct required visual monitoring and grab samples of its discharges during the 2008-09 monitoring period (from July 1, 2008 through June 30, 2009).

Having companies conduct visual discharge monitoring and reporting results to DEQ is important because the state relies almost exclusively on complete, accurate information from pollution sources. Without accurately reported information, DEQ cannot assess whether a permittee’s discharges meet pollution benchmarks outlined in the permit. Failure to meet benchmarks may indicate the presence of harmful levels of industrial pollutants that could enter public streams and rivers. These discharges can damage aquatic species and their habitat and affect the safety of waters for public use.

Auto Truck Transport Corp., has appealed the penalty.

Pennsylvania DEP Fines American Rock Salt Co. $4,500 for Illegal Stormwater Discharges

 

“American Rock Salt’s stormwater permit requires that its large salt piles be covered at all times with a few exceptions to prevent salty stormwater from running off into Pennsylvania’s waters,” said DEP North-central Regional Director, Robert Yowell. “Our investigation in October revealed that the company was negligent because significant portions of the salt pile were uncovered.”

DEP’s investigation also documented numerous dead aquatic organisms in the immediate area of the company’s stormwater discharge point. DEP sample results showed chloride in the discharge at 106,615 ppm and sodium at 63,860 ppm. In addition to the stormwater permit violations, the discharges also violated the Pennsylvania Clean Streams Law.

Oregon DEQ Issues $3,600 Penalty to Environmental Conservation Consultancy Inc. for Hazardous Waste Violations

Oregon DEQ has issued a $3,600 penalty to Environmental Conservation Consultancy Inc., for improper disposal of 240 lb of mercury-contaminated waste.

DEQ staff investigated and determined that the source of the waste was Environmental Conservation Consultancy Inc. The company had authorized removal of the material from its property at 10400 SW Paulina Drive in Tualatin.

Because the company generated more than 220 lb of hazardous waste in one calendar month, DEQ has ordered the company to register with DEQ as a small quality generator and file an annual report.

DEQ regulates the management and disposal of fluorescent lamps. When released into the environment, mercury may contaminate air or groundwater and affect public health. Because the company did not properly dispose of the lamps, people may have been exposed to mercury-laden dust.

Oregon DEQ Issues $2,022 Penalty to Larsen Motor Co. for Hazardous Waste Violation

 

During a December 15, 2009 inspection of the business, DEQ noted several violations of hazardous waste regulations. DEQ assessed a $2,022 penalty to the company for improperly managing hazardous spent solvent sludge. Improper characterization and management of hazardous waste poses a threat to public health and the environment.

During its inspection, DEQ noted other violations but did not assess penalties for them. These violations included:

• Failing to ensure that all employees were familiar with proper emergency procedures and waste management practices relevant to their responsibilities.
• Failing to make required arrangements with local authorities, such as the fire department, in the event of a hazardous waste spill or other emergency at the site.
• Failing to close and failing to label a five-gallon container storing hazardous waste solvent on the premises.

In assessing the penalty, DEQ noted Larsen Motor Co.’s efforts to correct all of its hazardous waste violations. Larsen Motor Co. Inc., has appealed the penalty and is in settlement discussions with DEQ.

Developing World will Double the E-waste Produced by Developed Countries by 2030

Developing countries will be producing at least twice as much electronic waste (e-waste) as developed countries within the next 20 years, according to a new study published in American Chemical Society’s semi-monthly journal, Environmental Science & Technology. It foresees in 2030 developing countries discarding 400 million–700 million obsolete personal computers per year compared to 200 million–300 million in developed countries.

Eric Williams and colleagues cite a dramatic increase in ownership of PCs and other electronic devices in both developed and developing countries. At the same time, technological advances are shrinking the lifetime of consumer electronics products, so that people discard electronics products sooner than ever before. That trend has led to global concern about environmentally safe ways of disposing of e-waste, which contains potentially toxic substances.

The scientists used a computer model to forecast global distribution of discarded PCs. It concluded that consumers in developing countries will trash more computers than developed countries by 2016, with the trend continuing and escalating thereafter. “Our central assertion is that the new structure of global e-waste generation discovered here, combined with economic and social considerations, call for a serious reconsideration of e-waste policy,” the report notes.

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Trivia Question of the Week

What does LCA stand for?

a. Leftover Carcinogen Assessment
b. Limit Coal Association
c. Life Cycle Assessment
d. Learning Curve Advancement