EPA Considers New Enforcement Priorities

EPA is soliciting public comment and recommendations on national enforcement initiatives (NEI) for fiscal years 2017–2019. The agency selects these initiatives every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor and where federal enforcement attention can make a difference.

 

• Reducing air pollution from the largest sources
• Cutting toxic air pollution
• Assuring energy extraction and production activities comply with environmental laws
• Reducing pollution from mineral processing operations
• Keeping raw sewage and contaminated stormwater out of our Nation’s waters
• Preventing animal waste from contaminating surface and ground water

Proposed new initiatives for 2017-2019 include:

• Protecting communities from exposure to toxic air emissions
• Keeping industrial pollutants out of the nation’s waters many waters
• Reducing the risks and impacts of industrial accidents and releases

Follow the on- line instructions for submitting comments.

New Exclusions for Solvent Recycling and Hazardous Secondary Materials

EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.

The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.

The second, and more wide-reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.

Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:

• Which of your materials qualify under the new exclusions
• What qualifies as a hazardous secondary material
• Which solvents can be remanufactured, and which cannot
• What is a tolling agreement
• What is legitimate recycling
• Generator storage requirements
• What documentation you must maintain
• Requirements for off-site shipments
• Training and emergency planning requirements
• If it is acceptable for the recycler to be outside the US

 

EPA Issues New Industrial Stormwater General Permit

 If you were permitted under the 2008 MSGP and need to obtain coverage under the new permit, you must submit your Notice of Intent (NOI)—in accordance with the 2015 MSGP’s updated NOI requirements—by September 2, 2015.

 

You will learn how to:

• Obtain a stormwater discharge permit
• Develop and implement an effective SWPPP
• Select and implement effective control measures (including best management practices)
• Develop and document inspection procedures
• Implement an effective monitoring and sampling plan
• Meet your permit’s training requirements
• Comply with reporting and recordkeeping requirements
• Certify no-exposure
• Comply with permit renewal requirements
• Terminate permit coverage

 

EPA’s Revises Underground Storage Tank Regulations

EPA has revised the Underground Storage Tank (UST) regulations for all facilities—including those with emergency generator tanks. These are the first major revisions to the UST regulations since 1988.

The rules establish new requirements for the use of equipment to reduce releases to the environment, as well as detect releases should they occur.

 

• Existing UST regulations and requirements
• EPA’s approved leak detection methods
• New requirements for:
• Secondary containment for new and replaced tanks and piping
• Operator training
• UST system capability for biofuel blends
•  
• Removed deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks—making these tanks fully regulated
• Updating codes and practices

 

San Antonio RCRA and DOT Training

 

 

Chicago RCRA and DOT Training

 

 

Los Angeles RCRA and DOT Training

 

EPA Proposes New Emission Standards or Oil and Natural Gas industries

 The agency is including requirements for methane emissions in this proposal because methane is a greenhouse gas (GHG), and the oil and natural gas category is currently one of the country’s largest emitters of methane. In 2009, the EPA found that by causing or contributing to climate change, GHGs endanger both the public health and the public welfare of current and future generations.

The EPA is proposing both methane and VOC standards for several emission sources not currently covered by the NSPS and proposing methane standards for certain emission sources that are currently regulated for VOC. The proposed amendments also extend the current VOC standards to the remaining unregulated equipment across the source category and additionally establish methane standards for this equipment. Lastly, amendments to improve implementation of the current NSPS are being proposed which result from reconsideration of certain issues raised in petitions for reconsideration that were received by the Administrator on the August 16, 2012, final NSPS for the oil and natural gas sector and related amendments.

Except for the implementation improvements and the setting of standards for methane, these amendments do not change the requirements for operations already covered by the current standards.

EPA Revises NESHAP for Secondary Aluminum Production

In this action, EPA is finalizing the residual risk and technology review (RTR), and the rule review, EPA conducted for the Secondary Aluminum Production source category regulated under national emission standards for hazardous air pollutants (NESHAP). In this action, EPA is finalizing several amendments to the NESHAP based on the rule review. These final amendments include a requirement to report performance testing through the Electronic Reporting Tool (ERT); provisions allowing owners and operators to change furnace classifications; requirements to account for unmeasured emissions during compliance testing for group 1 furnaces that do not have add-on control devices; alternative compliance options for the operating and monitoring requirements for sweat furnaces; compliance provisions for hydrogen fluoride; provisions addressing emissions during periods of startup, shutdown, and malfunction (SSM); and other corrections and clarifications to the applicability, definitions, operating, monitoring, and performance testing requirements.

According to the agency, these amendments, which go into effect on September 18, 2015, will improve the monitoring, compliance, and implementation of the rule.

EPA Releases Draft Control Techniques Guidelines for the Oil and Natural Gas Industry

 This document, when finalized, will provide state, local, and tribal air agencies (air agencies) information to assist them in determining reasonably available control technology (RACT) for volatile organic compound (VOC) emissions from such sources.

Comments on the CTG must be received on or before November 17, 2015.  Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket.

California DTSC’s Emergency Response Unit to Clean Up Hazardous Waste from Wildfires

As California suffers one of the worst wildfire seasons in decades, the Department of Toxic Substances Control’s (DTSC’s) Emergency Response Unit is helping devastated property owners deal with the aftermath.

“Part of our mission is to help protect people and the environment from the dangers posed by hazardous waste,” said Adam Palmer, supervisor of the Emergency Response Unit. “The quicker we can get in to remove the hazardous waste, the faster the people affected by the fires can go back and rebuild their lives.”

 

So far this year, DTSC has assisted with the cleanup effort following the Rocky fire which burned more than 69,400 acres in Lake, Yolo, and Colusa counties in August. Two weeks after the fire raged through the area, DTSC staff, along with hazardous waste/asbestos removal contractors, spent six days traveling through steep hills to reach the more than 70 homes leveled by the flames.  The removal of all waste is expected to be completed by mid-October.

DTSC’s Emergency Response Unit is also coordinating with Trinity County officials on the multiple wildfires that burned in August, and will start evaluating their fire damaged properties in late September. DTSC will later begin working with Amador and Calaveras counties as soon as the Butte fire that is currently burning is fully contained.

DTSC is in contact with Lake County officials to assist with the Valley fire due to the more than 500 homes destroyed in Lake and Napa counties.

With the possibility of an El Niño-driven rainy season right around the corner, DTSC’s work is critical. 

Emergency Guidance on Wildfire Fact Sheets:

 

 

EPA and USDA Set Goals to Reduce Waste Food

Recently, EPA Administrator Gina McCarthy and US Department of Agriculture Secretary Tom Vilsack announced the United States’ first-ever national food waste reduction goal, calling for a 50% reduction by 2030. As part of the effort, the federal government will lead a new partnership with charitable organizations, faith-based organizations, the private sector and local, state and tribal governments to reduce food loss and waste in order to improve overall food security and conserve our nation’s natural resources. The announcement occurs just one week before world leaders gather at the United Nations General Assembly in New York to address sustainable development practices, including sustainable production and consumption. As the global population continues to grow, so does the need for food waste reduction.

“Let’s feed people, not landfills. By reducing wasted food in landfills, we cut harmful methane emissions that fuel climate change, conserve our natural resources, and protect our planet for future generations” said EPA Administrator Gina McCarthy. “Today’s announcement presents a major environmental, social and public health opportunity for the US, and we’re proud to be part of a national effort to reduce the food that goes into landfills.”

“The United States enjoys the most productive and abundant food supply on earth, but too much of this food goes to waste,” said Agriculture Secretary Tom Vilsack. “This announcement demonstrates America’s leadership on a global level in getting wholesome food to people who need it, efficient use of natural resources, cutting environmental pollution and promoting innovative approaches for reducing food loss and waste.”

Food loss and waste in the United States accounts for approximately 31%—or 133 billion lb—of the overall food supply available to retailers and consumers and has far-reaching impacts on food security, resource conservation, and climate change. Food loss and waste is the single largest component of disposed US municipal solid waste, and accounts for a significant portion of US methane emissions, which fuel climate change. This large volume of wasted food is a main contributor to the roughly 18% of total US methane emissions that come from landfills. Landfills are the third largest source of methane in the United States.

Furthermore, experts have projected that reducing food losses by just 15% would provide enough food for more than 25 million Americans every year, helping to sharply reduce incidences of food insecurity for millions. It is estimated that at the retail and consumer levels in the United States, food loss and waste totals $161 billion dollars.

By the end of 2014, the US Food Waste Challenge had over 4,000 active participants, well surpassing its initial goal of reaching 1,000 participants by 2020. EPA is working with nearly 800 grocers, restaurants, venues, stadiums, and other organizations to reduce wasted food through prevention, donation, and composting. 

USDA and EPA will also continue to encourage the private sector—food service companies, institutions, restaurants, grocery stores, and more—to set their own aggressive goals for reducing food loss and waste in the months ahead. Organizations such as the Consumer Goods Forum, which recently approved a new resolution to halve food waste within the operations of its 400 retailer and manufacturers members by 2025, are helping to lead the way.

The United States is leading global efforts to address the threat of climate change. The first-ever national food waste goal is just one part of the Obama Administration’s commitment to protecting our environment for future generations.  By setting achievable environmental goals, this Administration is making strides to help boost the economy and protect the health of American families for the long-term.

Electric Vehicles Could Curb Greenhouse Gas Emissions and Improve Air Quality

 

Widespread use of electric vehicles (EVs)—including lawn and garden equipment and heavy industrial equipment such as forklifts—could improve air quality, particularly in densely populated urban areas.

 

“This research points to the importance of two fundamental and parallel trends in energy and the environment,” said Mike Howard, EPRI president and CEO. “First is the continuing decarbonization of the electricity sector and second is the electrification of energy use in transportation and industry. We expect to see continued interest and work in measuring and understanding these trends more fully in the years and decades ahead.”

The study analyzes two potential scenarios of the future electric sector, the “Base GHG” and “Lower GHG” scenarios. Both project grid emissions decreasing over time, in part because of existing and potential regulations and plausible economic conditions. In the Lower GHG Scenario, further reductions in carbon emissions result from adoption of policies that apply an increasing price on carbon emissions, resulting in faster deployment of low-emission generation technologies.

• In the Base GHG scenario, the study estimates that, by 2050, the electricity sector could reduce annual GHG emissions by 1030 million metric tons relative to 2015 levels, a 45% reduction.
• In the Lower GHG scenario, the study estimates that, by 2050, the electricity sector could reduce annual GHG emissions by 1700 million metric tons relative to 2015 levels, a 77% reduction.

The analysis modeled electric sector and transportation sector emissions with and without widespread vehicle electrification to determine the effect of electrification of light-duty vehicles, medium-duty vehicles, and certain non-road equipment. The results indicate that electrification could displace emissions from conventional petroleum-fueled vehicles for each scenario as follows:

• In the Base GHG scenario, emissions were reduced by 430 million metric tons annually in 2050—equivalent to removing 80 million passenger cars from the road.
• In the Lower GHG scenario, emissions were reduced by 550 million metric tons annually in 2050—equivalent to removing 100 million passenger cars.

When combining reductions from vehicle electrification, a cleaner electric sector, and existing programs that improve conventional vehicle efficiency, the modeled electricity and transportation sectors together achieve a 48% reduction in GHG emissions between 2015 and 2050 in the Base GHG scenario, and a 70% reduction in the Lower GHG scenario. In the Lower GHG scenario, in 2050, total emissions for the electricity and transportation sectors could be reduced by 2610 million metric tons relative to 2015 levels.

While electric vehicles are cleaner than petroleum-fueled vehicles, the GHG reductions can be maximized by charging vehicles from a cleaner grid. With a 62% share of light- and medium-duty vehicles in 2050 electric vehicles would consume 13% of grid-supplied electricity.

The study’s models show that EVs can help reduce ground-level ozone and particulate matter in both urban and rural areas across the country. Air quality benefits from adoption of PEVs are expected to increase as a greater portion of the transportation fleet is electrified.

“The potential reductions here are significant,” said David Hawkins, director of climate programs at NRDC. “Widespread transportation electrification should be a key part of the US strategy to combat climate change and ensure a clean energy future.”

While there are more than 20 models of electric vehicles on the market today from leaders such as the Chevy Volt and Nissan LEAF, other automakers are increasingly expanding their offerings. Tesla Motors has announced more than $4 billion of investments by 2020 and German automakers are investing $7.5 billion in EVs by 2019. Across the industry, at least 24 newly announced electric vehicle models will be on the market before 2019.

“Today’s study gives us a clear vision of how expanding transportation electrification is a key strategy to achieving critical greenhouse gas and air quality goals,” said Ted Craver, chairman, president and CEO of Edison International. “This underscores the important role utilities can play nationally in accelerating the market through efforts such as investing in infrastructure to support public and workplace charging stations and incorporating EVs into our own fleets.”

The report builds on an earlier EPRI-NRDC report released in 2007, which was the first to combine electric system, electric vehicle, and air quality models. The modeling system accounts for the evolution in grid and vehicle technologies, the impact of public policies, and the growth in electricity demand.

Utilities supporting this research include American Electric Power; British Columbia Hydro and Power Authority (BC Hydro); Duke Energy Corporation; FirstEnergy Corporation; LG&E and KU; New York Power Authority; Oncor Electric Company; Southern California Edison; Southern Company; Seattle City Light; and the Tennessee Valley Authority (TVA).

Report from Environmental Group Identifies Flaws in Industry Attack on Stronger Ozone Standard

As a court-ordered deadline looms for a decision by the EPA on strengthening national clean air standards for ozone, a detailed new report finds that an industry-funded study “grossly” exaggerates the cost of meeting stronger standards—by more than 700%. It further finds “unfounded and unsupportable” claims that a stronger standard would lead to economic harm or job losses.

. Synapse was retained by Earthjustice to fact-check a study conducted by NERA Economic Research for the National Association of Manufacturers (NAM) that claimed compliance with stronger ozone health standards would cost 10 times more than predicted by the EPA and would depress the economy. The Synapse report finds that NERA significantly exaggerated compliance costs due to major flaws, math errors, and unfounded assumptions in NERA’s analyses. Among other things, Synapse found:

• NERA significantly exaggerated the emission reductions needed to meet a stronger standard through a series of unfounded and skewed assumptions
• Applying a more reasonable estimate of needed emission reductions to EPA’s cost estimation approach yields an annual cost figure that is $1.4 billion/year lower than EPA’s projected cost of meeting a stronger standard
• NERA grossly inflated the costs of meeting a stronger standard by basing those costs on a high-priced version of a “cash for clunkers” program where people would be paid to scrap older cars, one of the most expensive and inefficient ways imaginable for cutting ozone-forming pollution
• NERA’s analysis, as presented to the EPA, suffers from a math error of about $70 billion—nearly half of NERA’s annualized cost estimate

Ozone is a GHG formed from pollutants emitted by power plants, factories, and motor vehicles. Literally thousands of studies now link ozone-to an array of serious health impacts, including bronchitis, asthma attacks, emergency room visits, hospitalizations, and premature deaths. The research shows these impacts occur at levels well below those allowed by the current standard. Four times in the last eight years, the EPA’s independent science advisors have unanimously called for stronger standards. That call has been joined by the nation’s leading medical societies and health organizations, including, the American Medical Association, the American Pediatric Association, the American Thoracic Society, the American Lung Association, and the American Heart Association.

Last December, the EPA proposed strengthening the ozone standard from 75 parts per billion to within a range of 65-70 ppb. The proposal is currently being reviewed by the White House Office of Management and Budget, and, by court order, must be finalized by October 1.

“The NERA report grossly overstates compliance costs, due to major flaws, math errors, and unfounded assumptions,” the report’s authors wrote. The study also faults NERA’s claim that a stronger ozone standard would harm the economy, finding that the claim defies reality and ignores the economic stimulus that results from investment in pollution controls. NERA also failed to factor in the $19-$38 billion in health and other benefits from a more protective ozone standard. And contrary to repeated claims by NAM, the NERA study does not predict actual job losses from a stronger standard.

Earthjustice Managing Attorney David Baron said NAM’s effort is political and intended to pressure EPA to ignore its legal duty to protect public health. “Ozone is dangerous to kids, seniors, and asthmatics,” said Baron. “EPA needs to set standards based on what’s needed to protect these people—not on industry’s wildly exaggerated cost claims.”

Costs cannot be considered in setting the standard—only in implementing them.

Earthjustice attorney Seth Johnson, who specializes in air pollution issues, said the error-ridden NAM/NERA analysis has no merit and shows that the claims about economic impact have no factual basis.

“NAM’s error-ridden cost estimates are indefensible,” said Johnson. “This industry trade group has spent huge sums of money to deceive the American public and elected officials into believing that Americans must make a choice between their health and the economy. Today’s report shows that the economic threat NAM claims is baseless.”

Johnson noted that the correlation between protecting the public from air pollution and economic impact that industry always tries to draw is not backed up by the facts. 

Townsend Industries Site to Address Hazardous Waste Contamination

 

An administrative order on consent, proposed by EPA Region 7 in Lenexa, Kansas, requires the operation and maintenance of on-site containment and remediation systems to reduce contamination in groundwater at, and coming from, the site. The site includes approximately 12 acres of land and a 45,000-square-foot industrial building at 4400 Vandalia Road in Pleasant Hill.

 

 DD#1, L.L.C., will be required to provide site access so the necessary environmental work can be done.

EPA will require the operation and maintenance of the groundwater containment and remediation systems to continue as long as needed to clean up an off-site contaminant plume and reduce the mass of on-site contamination. On-site land use controls and an assessment of vapor intrusion risks on- and off-site will also be required, under the proposed settlement.

A variety of hazardous wastes or hazardous constituents have been detected at the facility, including acetone, benzene, methyl ethyl ketone, 1,1-dichloroethane, 1,1-dichloroethene, 1,2-dichloroethene (cis), 1,4-dioxane, ethylbenzene, methylene chloride, tetrachloroethylene (PERC), toluene, 1,1,1-trichloroethane, trichloroethene or trichloroethylene (TCE), vinyl chloride and xylenes.

EPA will receive written comments relating to the proposed settlement for a 30-day public comment period. Comments must be submitted in writing to Mr. Dan Gravatt, EPA Region 7, AWMD/RCAP, 11201 Renner Boulevard, Lenexa, KS 66219. Comments should reference EPA Docket No. RCRA-07-2015-0017.

EPA Approves Massachusetts Plan to Protect Cape Cod Waters

EPA has formally approved an updated plan from the Commonwealth of Massachusetts that creates a robust framework for Cape Cod communities to reduce nitrogen levels that are currently harming ecological health of ponds, bays, and other surface waters on the Cape.

. EPA has also approved the designation by the Commonwealth for the Cape’s towns to act as waste management agencies, giving them the authority to take necessary actions under the plan. This designation includes the Towns of Barnstable, Brewster, Bourne, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet, and Yarmouth.

“While being green is good, that’s not true when it comes to our watersheds,” said Curt Spalding, regional administrator of EPA’s New England office. “EPA is pleased that the Commonwealth, the Cape Cod Commission, Cape communities and residents have really stepped up with a strong plan to take action to protect the Cape’s environment and economy for generations to come. This plan gives Cape communities the tools they need to design and implement local solutions across watershed boundaries. The next year is pivotal for Cape communities to make decisions on their path forward.”

“Nitrogen pollution in Cape waters affects not only the natural resources, but the economy and quality-of-life there too,” said Governor Charlie Baker. “With this plan, we hope to help Cape Cod’s communities develop local solutions to address their water quality issues. The administration continues to be committed to working with municipal and federal partners to improve water quality and protect the Commonwealth’s citizens and environment.”

Cape Cod is experiencing wide-spread pollution problems due to too much nitrogen getting into its ponds, lakes, and bays. Excess nitrogen results in algal blooms, degraded ecological vitality, loss of habitat for organisms, and reduced recreational opportunities for residents and visitors alike. Available studies indicate that Cape waters need nitrogen reductions of up to 87%.

The economy of Cape Cod relies heavily on a clean and healthy environment to support tourism, fishing, shellfisheries, and numerous recreational pursuits. This economic foundation is threatened by degraded water quality due to excessive nutrients, especially nitrogen.

The Commonwealth of Massachusetts has played a pivotal role working with the Cape Cod Commission and Cape communities, and has invested significant funding and technical and policy resources.

“In many Cape Cod communities, nitrogen discharges contaminate local water bodies and bays, threatening the environment, the economy and the tourism industry in one of the most beautiful places on earth,” said Energy and Environmental Affairs Secretary Matthew Beaton. “This plan will help communities develop the most effective and affordable solutions to this problem, tailored to local needs. As part of the plan, the administration is committed to funding a monitoring initiative that will ensure that this vital work makes a difference on Cape Cod for generations to come.”

 

“This plan is the product of unprecedented cooperation among Federal, State, Regional and local agencies and most importantly a lot of hard work by the people who live here. It is a plan for Cape Cod by Cape Cod that establishes the framework for watershed-based action to restore water quality and protect our economy,” said Paul Niedzwiecki, Executive Director of the Cape Cod Commission.

The Cape Cod Commission has worked closely with communities and other stakeholders to develop the Plan Update. They have offered to help all the communities craft watershed-based solutions, especially where they cross town boundaries. EPA and the Massachusetts Department of Environmental Protection (MassDEP) will continue to work closely with all entities to ensure that effective and practical solutions are developed and implemented to protect Cape Cod waters from excessive nitrogen pollution.

Court Order Prevents Defunct Company from Conducting Further Work at Property

The owner of a former paper plant in Lawrence has been ordered to pay $591,100 in penalties and agency response costs related to years of illegal demolition and metal salvaging that released dangerous asbestos at the property, Attorney General Maura Healey announced recently.

The final judgment, entered in Suffolk Superior Court on September 8 by Judge Bonnie MacLeod, also prohibits David Padellaro and his now defunct company, Merrimack Street Redevelopment Authority, LLC, from conducting further work at the South Canal Street property, except as necessary to comply with a Massachusetts Department of Environmental Protection (MassDEP) approved plan to safely remediate the damage.

“Mr. Padellaro’s actions put both his workers and the health of the public at risk,” AG Healey said. “We are pleased that this judgement not only imposes a substantial penalty for Mr. Padellaro’s longstanding illegal activities, but that it will pave the way for cleaning up the property and allowing it to be restored by the city.”

“For too long, Mr. Padellaro conducted activities with little consideration of the impact those actions had on the local environment or the health of his workers or the public at-large,” MassDEP Commissioner Martin Suuberg said. “This court order bars those activities, properly penalizes Mr. Padellaro for the violations, and moves this site closer to a comprehensive cleanup.”

“Thanks to Attorney General Healey and her staff for sticking with this investigation and ensuring that after avoiding and evading the financial and safety responsibility that Mr. Padellaro has to the City of Lawrence, that the residents and taxpayers who have been footing the bill will finally have their say,” Lawrence Mayor Dan Rivera said.

The final judgment orders Padellaro to pay $400,000 in civil penalties and more than $111,000 to reimburse the state for contractor expenses and other costs incurred by MassDEP in addressing the damage he caused at the property. It also requires Padellaro to pay $79,800 for past-due MassDEP administrative penalties assessed in October 2011.

The property located on the Merrimack River was acquired by Padellaro in 2010 and houses numerous vacant, structurally unsound and asbestos-riddled buildings. The buildings on the property have been repeatedly vandalized and damaged by fires over the years and now are in danger of potentially collapsing.

Despite MassDEP issuing two administrative orders and repeated warnings about the risks to his workers Padellaro continued his metal salvaging operations for years without implementing legally required safety measures including:

• Wetting building areas to prevent the release of asbestos
• Monitoring the air during such operations
• Properly disposing of asbestos-containing waste material at the site

Padellaro also allegedly allowed illegal storage of solid waste at the site, including concrete, brick, metal and other debris, and failed to give MassDEP required notice of his metal salvaging and demolition activities on numerous occasions over the past three years.

MassDEP paid $111,300 in contractor and oversight costs to control the damage that Padellaro did to the site.

The AG’s Office filed a complaint against Padellaro and his company in February 2014. A preliminary injunction was also ordered that prohibited him from conducting further work at the property.

 

Assistant Attorney General Tracy Triplett from Attorney General Healey’s Environmental Protection Division is handling this case, with assistance from Investigator Anthony Crespi, along with John MacAuley of MassDEP’s Asbestos Compliance Program, Chris Bresnahan of MassDEP’s Waste Site Cleanup Program and Colleen McConnell of MassDEP’s Office of General Counsel.

Wells Fargo Bank Agrees to Resolve Underground Storage Tank Act Violations

 

Wells Fargo failed to conduct a compliance inspection in a timely manner, conduct leak detection monitoring, and correct violations within the allotted timeframe established by DEQ. Shasta Steinweden of DEQ’s Enforcement Division explained that without proper leak detection, regulated substances could be released into the environment without the owner’s knowledge.

Wells Fargo has agreed to conduct leak detection monitoring, submit results of the leak detection monitoring to DEQ, obtain a re-inspection, and pay a $750 penalty.

Research Laboratory REI Consultants Loses Accreditation and Pays Fine

The Department of Environmental Protection (DEP) recently announced it has fined research laboratory REI Consultants, Inc., (REIC) $75,000 for violations at their Beaver, West Virginia, lab. REI Consultants will also need to fund a third party assessor to review the lab’s abilities to meet accreditation standards as part of the consent order and agreement with DEP.

“We believe, with this agreement, REIC will become a lab that consistently generates valid and accurate data,” said Dr. Martina McGarvey, director of the DEP Bureau of Laboratories.

In March 2015, DEP’s Laboratory Accreditation Program conducted a regularly scheduled on-site assessment of REIC and found that the laboratory’s management was not providing adequate oversight and training of the laboratory personnel. In addition, there were numerous violations during the data review and on-site assessment of REIC. Based upon the DEP’s assessment, REIC agreed to voluntarily relinquish certain accreditations and the DEP then suspended other areas of accreditation for the fields impacted by the violations.

Pennsylvania DEP is REIC’s primary accreditation authority, but the lab does not perform compliance testing for DEP. REIC uses its primary National Environmental Laboratory Accreditation Program (NELAP) accreditation from DEP to obtain secondary NELAP accreditation from Virginia.

REIC is an environmental laboratory performing primarily commercial environmental and industrial laboratory services to outside customers in microbiology, wet chemistry, trace metals, and organics primarily in non-potable water, and Solid & Chemical Materials.

In addition to the $75,000 fine the lab has agreed to hire an independent third-party auditor to review the lab’s operations abilities to meet the conditions of its accreditation. Any issues the independent auditor’s report uncovers must be corrected within 30 days.

DRA Power Technology Settles Air Pollution Control Violations

DRS Power Technology, Inc., which operates a machinery manufacturing facility in Fitchburg, Massachusetts has been assessed a $6,072 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating air pollution control regulations.

MassDEP inspected the facility in April 2015 and found that the company failed to obtain an Air Quality Plan Approval prior to installing equipment that could produce air emissions.

In a consent order, the company agreed to comply with the regulations and seek permit approval to use the new equipment, as well as pay the assessed penalty. All of the penalty will be used to purchase energy-efficient LED lighting for the YMCA of Central Massachusetts in Fitchburg, under MassDEP’s policy for Supplemental Environmental Projects.

“I am glad that DRS has taken this opportunity to help the YMCA improve their energy efficiency as a means to settle this matter,” said John Kronopolus, deputy director for MassDEP’s Central Regional Office in Worcester. “The company quickly applied for the necessary permit for the previously installed equipment.”

New Index Quantifies Urban Heat Islands

The California Environmental Protection Agency released a study recently that identifies areas across California experiencing hotter summer temperatures as a byproduct of urban development.

Urban areas have higher temperatures during summer compared with adjacent rural communities, a phenomenon known as the urban heat island. Heat islands are created by a combination of dark pavement and roofs that absorb heat, heat-generating activities such as engines and generators, and the absence of vegetation that provides evaporative cooling.

While the phenomenon is well-known, the study for the first time creates an Urban Heat Island Index to quantify the extent and severity of the heat island effect for individual cities throughout the state. The study found temperature increases ranging from a few degrees in small cities and coastal areas to as much as 19 degrees on average over a day in large, inland urban areas.

“Until now there was no way to measure the urban heat island effect in California,” said California Secretary for Environmental Protection Matthew Rodriquez. “The Urban Heat Island Index offers state and local governments a tool to help prioritize areas for programs that reduce heat in urban communities, such as urban greening projects and cooler roofs and pavements.”

Concentration of heat in urban areas is a concern because it creates health risks from heat exposure and the increased formation of air pollutants, particularly ground-level ozone or smog. It also affects energy consumption through additional air conditioning needed to counter-balance the higher temperatures. The urban heat island effect is projected to increase with climate change.

Last year was the warmest year on record since1880, when modern temperature records were first kept, according to NASA and the National Oceanic and Atmospheric Administration. All 10 of the hottest years have come since 1998, and this year is on track to break another record.

“Because of climate change, we can expect to see heat waves becoming more frequent, more intense and longer lasting,” said Dr. Gina Solomon, CalEPA’s Deputy Secretary for Science and Health. “Knowing an area’s Index score could help communities target outreach and education to protect against heat illness in vulnerable populations such as children and the elderly.”

The index assigns a score for each census tract in and around most urban areas throughout the state. The scores are based on atmospheric modeling over two three-month-long summer seasons—2006 (the year of a major heat wave) and 2013 (the most recent year for which data were available). 

Among the study’s findings:

• Hotter parts of California don’t necessarily have the most intense urban heat islands. For example, the heat island effect in Fresno averages 4?F, a relatively modest increase over the already high average summer temperature of about 84?F. In contrast, the average summer temperature in Ontario is about 78?F, while the heat island effect is greater, averaging around 9?F.
• Wind and topography can shift the urban heat island effect. In major coastal cities, cool ocean air blows heated urban air inland where it gets trapped against mountain ranges. As a result urban heat generated in one area tends to move inland to blanket other areas with the overheated air. A similar phenomenon occurs with ozone air pollution.
• Heat island effects are related to the size of the urban area. Large urban areas have average daily summer temperature increases up to 9?F compared with non-urban regions, while smaller cities average an increase of up to 5?F. The largest effect is in southern California, where the urban heat islands blur together to form an “urban heat archipelago” with average temperatures up to 19?F higher in the Riverside-San Bernardino region at the eastern end of the basin.

The study was performed with guidance and peer review from a multi-agency Project Oversight Workgroup.

AG Healey Announces Owner of Former Paper Plant in Lawrence Will Pay Nearly $600,000 for Illegal Demolition, Asbestos Violations

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Trivia Question of the Week

 

A ten meter rise in sea levels from glacial melting would flood how much of the US population?

 

a) 5%

b) 15%

c) 25%

d) 50%