The bulk of current EPA Uniform Hazardous Waste Manifest must be printed with black ink, with red ink being used for marginal text used to distinguish the various copies and their distribution.The revised rule will facilitate manifest printing using laser printers or other methods.
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Recycling: A New Source of Indispensible Rare Earth Materials
That axiom of sustainability—“recycle and reuse”—could help ease concerns about a reliable supply of substances, indispensible for a modern technological society, that are produced almost exclusively in the Peoples’ Republic of China. That’s the conclusion of a study on these so-called “rare earth” elements in the ACS journal Environmental Science & Technology.
Xiaoyue Du and Thomas E. Graedel note that the dozen-plus rare earth elements (REEs) have unique physical and chemical properties making them essential for defense applications, computers, cell phones, electric vehicles, batteries, appliances, fertilizers, liquid crystal displays, and other products. But there is growing concern about the supply, since only one country, China, is the major source. “Since 1990, China has played a dominant role in REE mining production; other countries are almost completely dependent on imports from China with respect to rare earth resources,” the researchers state.
To determine how much recycling potential of the REEs from in-use products could add to the supply, they did the first analysis of the amount of REEs available in products in the United States, Japan, and China. Those countries are the major uses of REEs. The analysis concluded that nearly 99,000 tons REEs were included in products in 2007. This invisible stock, equivalent to more than 10 years of production, “suggests that REE recycling may have the potential to offset a significant part of REE virgin extraction in the future...and minimize the environmental challenges present in REE mining and processing,” the report notes.
Congressmen Introduce Electronic Waste Recycling Bill
In 2008, the Government Accountability Office reported that many of the developing nations that receive e-waste from the United States do not have the capacity or facilities to safely recycle and dispose of these used electronics. H.R. 2284 would address this growing problem.
“E-waste is the fastest growing waste stream in the United States, and it can pose a serious problem in that most e-waste contains toxic chemicals which present environmental and health concerns when not properly handled,” said Rep. Green. “As the Ranking Member on the House Energy and Commerce Environment and Economy Subcommittee, I look forward to working with the majority in the House to pass this bill, which successfully addresses this growing issue. I also want to thank Senators Sheldon Whitehouse [D-RI], Sherrod Brown [D-OH], and Lisa Murkowski [R-AK] for introducing the companion bill in the Senate.”
“Each year, millions of tons of electronics equipment are discarded in the U.S. and shipped to developing nations for unsafe salvage and recovery,” said Rep. Thompson. “By carefully regulating the export of e-waste, this bipartisan legislation takes concrete steps to address a growing environmental and health crisis while creating good-paying recycling jobs here in the U.S.”
Specifically, H.R. 2284 creates a new section of the Resource Conservation and Recovery Act (RCRA) that prohibits the export of “restricted electronic equipment” from the U.S. to developing nations. In defining restricted electronic equipment, the bill lists several toxic materials, the presence of which would cause some covered equipment to be considered restricted waste. The bill calls for the EPA to set de minimis levels for these toxic substances and clarifies that material streams such as plastics, metals, and glass that do not contain hazardous chemicals above the de minimis levels may be exported.
Under H.R. 2284, tested and working equipment can still be exported to promote reuse, along with products exported for warranty repair or due to recall. Importing countries must give their consent to accept exempted exports. This legislative approach is consistent with the e-waste policies adopted by most other developed nations via international treaties, such as the Basel Convention and Basel Ban Amendment.
“As an industry leader in product lifecycle improvements, HP does not allow the export of e-waste from developed countries to developing countries. We support the work of Rep. Gene Green (D-TX) and Rep. Mike Thompson (D-CA) to pass the Responsible Electronics Recycling Act, and we encourage other companies to join the effort and promote responsible recycling,” said Ashley Watson, Vice President and Chief Ethics and Compliance Officer for HP.
“This is the most important step our federal government can take to solve the e-waste problem—to close the door on e-waste dumping on developing countries,” said Barbara Kyle, National Coordinator of the Electronics TakeBack Coalition, a national environmental coalition which promotes responsible recycling of e-waste. “It will bring recycling jobs back to the U.S.”
H.R. 2284 also creates a research program at the Department of Energy to help assess the recycling and recovery of Rare Earth Metals from electronics. This provision will help ensure the proper collection and recycling of precious and strategic metals.
H.R. 2284 has garnered bipartisan support with original Republican cosponsors, Rep. Steven LaTourette (OH-14) and Rep. Lee Terry (NE-2). The legislation is also broadly supported by the recycling industry, including official backing from Hewlett Packard, Dell, Apple, Samsung, Best Buy, the Electronics TakeBack Coalition, and 29 recyclers representing 74 recycling operations in 34 states.
NACAA Sends Letter to Appropriations Leadership about Reduced Staffing Levels
The letter included information gathered from a recent NACAA survey of the membership showing that agencies have experienced significant cuts in staffs and budgets, resulting in a host of programs that have been curtailed or eliminated. The letter notes that many agencies have reduced their staffs during the last four years; been subject to furloughs; suffered decreased budgets; and curtailed critical activities including monitoring, permitting, inspections, toxics programs, public education and outreach.
Final Standards of Performance for Stationary Compression Ignition and Spark Ignition Internal Combustion Engines
EPA is finalizing revisions to the standards of performance for new stationary compression ignition internal combustion engines under section 111(b) of the Clean Air Act. In addition, the action revises the requirements for engines with displacement at or above 30 liters per cylinder to align more closely with recent standards for similar mobile source marine engines, and for engines in remote portions of Alaska that are not accessible by the Federal Aid Highway System.
The action also provides additional flexibility to owners and operators of affected engines, and corrects minor mistakes in the original standards of performance. Finally, the action makes minor revisions to the standards of performance for new stationary spark ignition internal combustion engines to correct minor errors and to mirror certain revisions finalized for compression ignition engines, which provides consistency where appropriate for the regulation of stationary internal combustion engines. The final standards will reduce nitrogen oxides by an estimated 1,100 tons per year, particulate matter by an estimated 38 tons per year, and hydrocarbons by an estimated 18 tons per year in the year 2030.
Update on Waters of the U.S. Draft Guidance
In response to requests from state and local officials, as well as other stakeholders, EPA and the Corps will take additional comments until July 31, 2011 on this important draft guidance that aims to protect U.S. waters. These waters are critical for the health of the American people, the economy, and ecosystems in communities across the country.
This change in the public comment period will not impact the schedule for finalizing the guidance or alter the intent to proceed with a rulemaking.
Public input received will be carefully considered as the agencies make final decisions regarding the guidance. These comments will also be very helpful as the agencies prepare a Notice of Proposed Rulemaking.
The original 60-day public comment period was originally set to expire on July 1, 2011. The agencies will be publishing a notice of this 30-day extension in the Federal Register.
EPA Seeks Input from Small Entities on Revisions for the Lead and Copper Rule
EPA is inviting small businesses, governments, and non-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. The panel will focus on the agency’s development of a rule that proposes revisions to the lead and copper rule.
EPA’s reconsideration of the current rule is based on a national review of the implementation of the lead and copper rule. The review identified several areas of concern about the effectiveness of the existing regulations. The changes under consideration are intended to improve the effectiveness of the measures to safeguard public health to control lead and copper in drinking water.
The Regulatory Flexibility Act requires EPA to establish an SBAR Panel for rules that may have a significant economic impact on a substantial number of small entities. The panel will include federal representatives from the Small Business Administration, the Office of Management and Budget, and EPA. The panel asks a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the panel about the potential impacts of the proposed rule on small entities.
EPA is seeking self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.
EPA to Tackle Emissions from Trucks Used at Ports
EPA has joined with the Coalition for Responsible Transportation and the Environmental Defense Fund, in launching a new initiative to protect people’s health, the environment, and promote sustainable economic growth by reducing pollution from thousands of short-haul trucks that service the nation’s ports.
“U.S. ports generate jobs and are critical to our nation’s economy,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “EPA’s SmartWay dray truck initiative will help ports contribute to their local economies—while protecting the air quality, environment and public health of nearby communities.”
Many of the dray trucks today are older and dirtier than trucks used on highways, and contribute to serious public health and environmental challenges at ports and surrounding areas. Model year 1994 and older dray trucks emit approximately 60 times more fine particle (PM 2.5) emissions than model year 2007 and newer trucks. PM 2.5 is linked to premature deaths, heart attacks, childhood asthma, and increased emergency room and hospital visits.
Under the SmartWay dray truck initiative, carriers sign an agreement with EPA to track and reduce PM 2.5 emissions by 50% and nitrogen oxides (NOx) emissions by 25% below the industry average over a three year period. In addition, SmartWay dray shipper partners will commit to use the cleaner trucks to haul 75% or more of port freight. Charter shipper partners in the program include Best Buy, The Home Depot, Hewlett Packard, JC Penney, Lowe's, Nike, Target, and Walmart.
Under the agreement and through the incentives, EPA and its SmartWay partners expect to build on the SmartWay program’s success in cutting fuel costs, reducing harmful diesel emissions, preserving jobs, and protecting air quality. Since 2004, SmartWay partners including many of the country’s top retailers, trucking and rail companies and manufacturers have reduced fuel use, cut foreign oil imports by 50 million barrels, and saved an estimated $6.1 billion in fuel costs.
SmartWay contributes to the agency’s goal for improving air quality goals by eliminating harmful air emissions including 16.5 million metric tons of carbon dioxide, 234,000 tons of NOx, and 9,000 tons of particulate matter.
In addition over the past decade, EPA has set emissions standards for new diesel engines, such as trucks, buses, locomotives, and boats. The standards are projected to prevent tens of thousands of deaths every year when fully implemented.
EPA, Coast Guard Announce Agreement to Enforce Air Pollution Requirements for Vessels Operating in U.S. Waters
The requirements establish limits on nitrogen oxides (NOx) emissions and require the use of fuel with lower sulfur content, protecting people’s health and the environment by reducing ozone-producing pollution, which can cause smog and aggravate asthma. The most stringent requirements apply to ships operating within 200 nautical miles of the coast of North America.
“Reducing harmful air pollution is a priority for EPA and by working with the Coast Guard we will ensure that the ships moving through our waters meet their environmental obligations, protecting our nation’s air quality and the health of our coastal communities.”
"This agreement demonstrates the Coast Guard's long-standing commitment to protecting our nation's marine environment," said Rear Adm. Kevin Cook, director of Prevention Policy for the U.S. Coast Guard. "Aligning our capabilities with EPA enhances our commitment to the marine environment while minimizing the impact on shipping."
The large marine diesel engines that provide propulsion and auxiliary power on many ocean-going vessels emit significant amounts of pollution. Without further action, EPA estimates that by 2030, NOx emissions from ships will more than double, growing to 2.1 million tons per year. The memorandum of understanding (MOU) signed by EPA and the USCG outlines the agencies’ commitment to jointly enforce federal and international laws that EPA projects could prevent 12,000-31,000 premature deaths annually by 2030. Under the MOU, both the USCG and EPA will perform inspections and investigations, and will take appropriate enforcement actions if a violation is detected.
A letter to industry was signed by USCG and EPA to provide the regulated community with notice that USCG and EPA will be taking measures to promote compliance with federal and international air pollution requirements and will be actively pursuing violations.
The International Maritime Organization (IMO) is a United Nations agency which deals with maritime safety, security, and the prevention of marine pollution from ships across the globe. The International Convention for the Prevention of Pollution from Ships (MARPOL), developed through the IMO, is the main international convention covering prevention of pollution of the marine environment by ships. MARPOL Annex VI addresses air pollution from ships through the use of both engine-based and fuel-based standards. Additionally, MARPOL Annex VI requires ships operated in designated geographical areas, known as emission control areas or ECAs, to meet the most advanced standards for NOx emissions and fuel sulfur limits. The United States became a party to MARPOL Annex VI in 2008 and the treaty is implemented in the United States through the Act to Prevent Pollution from Ships (APPS).
Metco Metal Finishing Inc. to Pay $75,000 Penalty
The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office have announced that Metco Metal Finishing Inc., will pay a $75,000 penalty as part of a consent judgment entered in Maricopa County Superior Court for hazardous waste violations at the South Phoenix plating facility. In addition, Metco Metal Finishing, located at 3508 E. Corona Ave., will spend $50,000 for an as yet undetermined supplemental environmental project, institute an environmental management system at its plant, and conduct regular audits by a third party for three years.
The settlement with Metco brings to 12 the number of electroplating facilities in Arizona brought into compliance with hazardous-waste rules under ADEQ's "Plating Initiative." ADEQ launched the initiative in 2008 after facility inspections beginning in 2004 determined that many facilities were not in compliance with the Arizona Hazardous Waste Act, which regulates hazardous waste in the state.
The company was cited for a total of 26 violations following ADEQ inspections in 2006 and 2007. The violations include disposal of hazardous waste without a permit, failing to properly mark containers, and failing to determine if some stored materials were hazardous waste. In 2005, Metco Metal Finishing paid a $100,000 penalty for hazardous waste violations after a cyanide gas release left two employees unconscious in late 2003. "Their inappropriate management of hazardous waste put employees and the community at risk but the company has stepped up and improved the way it does business," ADEQ Director Henry Darwin said. "Any company handling hazardous waste needs to rigorously comply with state standards to protect the health of our citizens and our environment," Attorney General Tom Horne said. The consent judgment is subject to court approval.
Boeing Fined $102,000 for Fuel Spill
The Washington Department of Ecology (Ecology) has fined The Boeing Company (Boeing) $102,000 for spilling an estimated 300 gallons of jet fuel into the Duwamish Waterway in Seattle last year.
The spill occurred May 28, 2010, at a Boeing fuel terminal in south Seattle near the waterway. A tank truck was delivering jet fuel to an aboveground storage tank at the Boeing terminal. A terminal operator heard and smelled leaking fuel and immediately stopped the delivery.
At the time—the Friday evening of the 2010 Memorial Day weekend—Boeing staff believed a large stormwater vault had contained the spill on the company’s property and the fuel had not entered the Duwamish. On Tuesday morning, however, the company realized fuel had reached the waterway, and reported the spill to Ecology and the U.S. Coast Guard.
Washington law and the facility’s water quality permit issued by Ecology require immediate reporting of oil spills—including spills to stormwater systems—to state and federal authorities.
Meanwhile, on Saturday, May 29, 2010, Ecology and the Coast Guard received citizen reports of oil in the Duwamish. State and federal responders found oil in the mouth of Slip 4, a Duwamish inlet several dozen yards downstream from the Boeing facility. The Coast Guard hired a cleanup contractor, but the oil had spread out on the water into a coating too thin for cleanup.
Ecology later matched oil samples from the river and from the Boeing facility to identify the Friday night incident as the source of the oil seen Saturday on the waterway.
Besides the penalty, Ecology also billed Boeing $5,500 to recover the state’s costs for conducting the spill cleanup and investigation.
“This incident highlights why spillers must immediately report all oil spills to state and federal authorities, even if a spill seems contained,” said Dale Jensen, who manages Ecology’s spill prevention, preparedness and response program, “Since the spill wasn’t reported to us quickly, we lost any opportunity to mount a rapid, aggressive and well-coordinated response to protect the environment.”
During the May 28 fuel delivery, company staff found an open three-quarter-inch maintenance valve that should have been closed. Some incoming jet fuel flowed through the open valve into a 19,000-gallon underground stormwater vault. The vault empties into an oil-water separator that discharges to the stormwater system.
In addition to the open valve, an automatic pump that empties the vault was left on—even though the company’s oil spill prevention plan requires that power be off during fuel deliveries. Workers closed the valve and cut power to the pump.
Boeing staff then checked for oil in catch basins along part of the storm line. Since they saw no signs of oil, they resumed the fuel delivery. However, staff on scene did not know that one catch basin contained a special filter that—unless removed—blocked a view of the water in the storm drain.
On Tuesday morning, June 1, 2010, Boeing contacted Ecology and the Coast Guard to report finding oil at the riverbank around the storm drain outfall—three days after the spill occurred.
Ecology’s Jensen said, “Once they determined what happened, Boeing cooperated fully with our investigation. Unfortunately, there was negligence in failing to check the required settings before the fuel transfer, in the oversights during the first check of the storm drain line, and in not immediately reporting the spill. These factors significantly increased the penalty.”
On realizing the spill had reached the waterway, Boeing placed oil cleanup materials around the outfall. The company then conducted an independent cleanup around the outfall to remove waterway sediments contaminated by the spill and replace them with clean materials.
Boeing estimated that it lost about 6,600 gallons of fuel through the open maintenance valve into the stormwater vault. Approximately 300 gallons discharged into the storm drain and into the Duwamish.
Mary Armstrong, Boeing vice president of Environment, Health and Safety, said: "Once we discovered the spill, Boeing worked with the U.S. Coast Guard, EPA, Ecology and the U.S. Army Corp of Engineers to contain and clean up the fuel. We fully restored the shoreline by excavating the contaminated sediment and soil, and replaced it with clean sand. We removed more than 30 creosote-coated pilings and additional riprap, and created an intertidal habitat that looks like a natural shoreline. To ensure that this type of spill won’t happen again, Boeing launched a special effort to strengthen reporting procedures and safeguards at all of our fuel tank locations throughout the company.”
The company has the right to appeal Ecology’s penalty to the Washington State Pollution Control Hearings Board within 30 days.
PA DEP Fines Chief Oil & Gas $180,000 for Oil Spill and Waste Violations
The Pennsylvania Department of Environmental Protection (DEP) announced that Chief Oil & Gas LLC has paid $180,000 in civil penalties for a hydraulic oil spill and for failing to properly maintain a drill pit at a Marcellus Shale natural gas well in Jefferson Township, Somerset County.
A June 10, 2010 site inspection by DEP found evidence of the discharge of hydraulic oil onto the ground. Operators are required to notify DEP of any spills of that nature because the oil is classified as a residual waste. Chief did not notify DEP of the spill and was not permitted to discharge residual waste at the site. Chief Oil & Gas has since successfully remediated the site.
EPA Fines Metal Plater $100,000 for Hazardous Waste Violations
EPA fined TMW Corporation in Van Nuys, California $100,000, for RCRA violations. The violations were discovered at the company’s facility, Crown Chrome Plating, a Division of TMW Corporation, during an inspection conducted by EPA in April 2009. The facility, which does metal plating primarily for the aerospace industry, is located in a light industrial zone of Van Nuys, a San Fernando Valley community of approximately 136,000 residents.
“The toxic wastes and sludges at the Crown Chrome facility have the potential to pose a danger to employees, the surrounding community and the environment,” said Jared Blumenfeld, the EPA’s Regional Administrator for the Pacific Southwest. “EPA is committed to enforcing the federal laws that require all companies to properly store and handle their hazardous wastes.”
TMW Corporation generated multiple hazardous wastes including, paint wastes, alkaline and acidic corrosive liquids, and sludges containing heavy metals such as chromium and lead. These hazardous wastes, and the waste handling violations associated with them, are typical of those produced by metal plating shops, which are often the target of EPA enforcement actions.
The federal hazardous waste regulations require companies to properly manage hazardous waste to prevent harm to human health and the environment. EPA discovered the following violations at TMW Corporation’s facility:
- Storage of hazardous waste for over 90 days without a permit
- Failure to conduct required inspections
- Failure to train personnel or maintain training records
- Failure to maintain required emergency communications equipment
- Failure to make a hazardous waste determination
As a result of this enforcement action, TMW Corporation has returned to compliance with federal law and will pay a fine of $100,000.
EPA's hazardous waste rules require facilities to properly store, label, and close hazardous waste containers. Facilities must also have properly trained staff, as improperly stored hazardous waste can spill and pose a risk to workers and the environment.
Federal, state, and local regulatory agencies have formed a Los Angeles Enforcement Collaborative to focus resources over a multi-year effort to ensure that businesses and industries in this area are complying with environmental laws. U.S. EPA is joining forces with several state and local agencies under this collaborative including Cal/EPA, the California Department of Toxic Substances Control, the Los Angeles Regional Water Quality Control Board, and the California Air Resources Board as well as local non-profit organizations to improve environmental and public health conditions in Los Angeles communities.
EPA will continue to devote resources to conducting inspections of generators of hazardous waste and pursuing appropriate enforcement.
Swamp Angel Energy Fined for Dumping Brine in National Forest Wells
EPA has proposed a $157,500 civil penalty against a Kansas-based company for alleged illegal discharges of more than 228,000 gallons of oil brine into injection wells in the Allegheny National Forest in McKean County, Pennsylvania.
EPA alleges violations of the federal Safe Drinking Water Act and EPA regulations on the underground injections of fluids and wastes, in seeking the penalty against Swamp Angel Energy, LLC, of Wichita, Kansas.
“EPA takes our responsibility to protect public health very seriously,” said EPA Regional Administrator Shawn M. Garvin. “When companies break the law and threaten our drinking water supplies, they must be held accountable.”
The proposed Administrative Order and Complaint for Penalty against Swamp Angel Energy alleges that the company illegally pumped brine generated from its oil production operations into the underground wells. In addition to the penalty, EPA’s action also requires the company to properly plug one of the two wells at issue, known as “Old Glory.”
In its complaint, EPA states that the unauthorized disposal of brine into injection wells without the proper safeguards poses a potential threat to underground sources of drinking water. In Pennsylvania, EPA authorizes and enforces Underground Injection Control (UIC) permitting requirements including responsibility for regulating the construction, operation, and closure of injection wells that place fluids underground for storage or disposal.
Two company employees were previously convicted on criminal charges in connection with the illegal brine injection.
Tips on Summer Cooling to Save Money, Reduce Air Pollution
To help you stay cool, comfortable and save energy, the EPA’s Energy Star program suggests a few simple steps.
The average American home spends almost 20% of its utility bill on cooling. Increased energy production to run cooling systems raises your costs and contributes to pollution that adversely affects the quality of the air we breathe. Here are seven simple ways to help protect your wallet and the environment:
- Use Ceiling Fans Optimally. Run your ceiling fan to create a cool breeze. If you raise your thermostat by only two degrees and use your ceiling fan, you can lower cooling costs by up to 14%. Remember that ceiling fans cool you, not the room, so when you leave the room make sure to turn off the fan.
- Maximize Shade. Pull the curtains and shades closed before you leave your home to keep the sun’s rays from overheating the interior of your home. If you can, move container trees and plants in front of sun-exposed windows to serve as shade.
- Find the Best Thermostat Settings. If you have a programmable thermostat, program it to work around your family’s summer schedule—set it a few degrees higher (such as 78?F) when no one is home, so you are not cooling an empty house.
- Reduce Oven Time. Use a microwave or grill outside instead of oven cooking, when you can. Ovens take longer to cook food and can make your house warmer, requiring your air conditioning system to work harder to keep the house at a comfortable temperature.
- Check Air Conditioner Filters. Check your cooling system’s air filter every month. If the filter looks dirty, change it. A good rule is to change the filter at least every three months. A dirty filter will slow air flow and make the system work harder to keep you cool—wasting energy. Also, remember to have your system serviced annually to ensure it’s running at optimum efficiency for money and energy savings.
- Change to More Efficient Light Bulbs. Change out incandescent light bulbs with more energy-efficient lighting choices. Energy Star qualified lighting uses less energy and also produces approximately 75% less heat than incandescent lighting.
- Plug Duct System Leaks. As much as 20% of the air moving through your home’s duct system is lost due to leaks and poor connections. Seal duct work using mastic sealant or metal tape and insulate all the ducts that you can access (e.g., those in attics, crawlspaces, unfinished basements, and garages). Also, make sure that connections at vents and registers are well-sealed where they meet floors, walls, and ceilings. These are common locations to find leaks and disconnected ductwork.
Energy Star was started by EPA in 1992 as a market-based partnership to reduce greenhouse gas emissions through energy efficiency. Today, the Energy Star label can be found on more than 60 different kinds of products, as well as new homes and commercial and industrial buildings that meet strict energy-efficient specifications set by the EPA. Last year alone, Americans, with the help of Energy Star, saved approximately $18 billion on their energy bills while preventing greenhouse gas emissions equivalent to the annual emission of 33 million vehicles.
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Trivia Question of the Week
Plastic has been found in what percent of fish in the Northern Pacific?
a. 1%
b. 9%
c. 19%
d. 91%
