The proposal will protect public health, move the United States toward a cleaner environment and fight climate change while supplying Americans with reliable and affordable power.
"Climate change, fueled by carbon pollution, supercharges risks to our health, our economy, and our way of life. EPA is delivering on a vital piece of President Obama's Climate Action Plan by proposing a Clean Power Plan that will cut harmful carbon pollution from our largest source—power plants," said EPA Administrator Gina McCarthy. "By leveraging cleaner energy sources and cutting energy waste, this plan will clean the air we breathe while helping slow climate change so we can leave a safe and healthy future for our kids. We don't have to choose between a healthy economy and a healthy environment—our action will sharpen America’s competitive edge, spur innovation, and create jobs."
Power plants account for roughly one-third of all domestic (GHG) gas emissions in the United States. While there are limits in place for the level of arsenic, mercury, sulfur dioxide, nitrogen oxides, and particle pollution that power plants can emit, there are currently no national limits on carbon pollution levels.
With the Clean Power Plan, EPA is proposing guidelines that build on trends already underway in states and the power sector to cut carbon pollution from existing power plants, making them more efficient and less polluting.
By 2030, the steady and responsible steps EPA is taking will:
- Cut carbon emission from the power sector by 30% nationwide below 2005 levels, which is equal to the emissions from powering more than half the homes in the United States for one year
- Cut particle pollution, nitrogen oxides, and sulfur dioxide by more than 25% as a co-benefit
- Avoid up to 6,600 premature deaths, up to 150,000 asthma attacks in children, and up to 490,000 missed work or school days—providing up to $93 billion in climate and public health benefits
- Shrink electricity bills roughly 8% by increasing energy efficiency and reducing demand in the electricity system
The Clean Power Plan will be implemented through a state-federal partnership under which states identify a path forward using either current or new electricity production and pollution control policies to meet the goals of the proposed program. The proposal provides guidelines for states to develop plans to meet state-specific goals to reduce carbon pollution and gives them the flexibility to design a program that makes the most sense for their unique situation. States can choose the right mix of generation using diverse fuels, energy efficiency, and demand-side management to meet the goals and their own needs. It allows them to work alone to develop individual plans or to work together with other states to develop multi-state plans.
Also included in the proposal is a flexible timeline for states to follow for submitting plans to the agency—with plans due in June 2016, with the option to use a two-step process for submitting final plans if more time is needed. States that have already invested in energy efficiency programs will be able to build on these programs during the compliance period to help make progress toward meeting their goal.
Since last summer, EPA has directly engaged with state, tribal, and local governments, industry and labor leaders, non-profits, and others. The data, information and feedback provided during this effort helped guide the development of the proposal and further confirmed that states have been leading the way for years in saving families and businesses money through improving efficiency, while cleaning up pollution from power plants. To date, 47 states have utilities that run demand-side energy efficiency programs, 38 have renewable portfolio standards or goals, and 10 have market-based GHG emissions programs. Together, the agency believes that these programs represent a proven, common-sense approach to cutting carbon pollution—one in which electricity is generated and used as efficiently as possible and which promotes a greater reliance on lower-carbon power sources.
EPA will accept comment on the proposal for 120 days after publication in the Federal Register and will hold four public hearings on the proposed Clean Power Plan during the week of July 28 in the following cities: Denver, Atlanta, Washington D.C., and Pittsburgh. Based on this input, EPA will finalize standards next June following the schedule laid out in the June 2013 Presidential Memorandum.
In 2009, EPA determined that GHG pollution threatens Americans' health and welfare by leading to long lasting changes in our climate that can have a range of negative effects on human health and the environment. Taking steady, responsible steps to cut carbon pollution from existing power plants will protect children’s health and will move our nation toward a cleaner, more stable environment for future generations, while supplying the reliable, affordable power needed for economic growth.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- Can the rule be applied to uniforms or spill absorbents?
- How is the new rule impacted by current state regulations?
Dayton RCRA and DOT Training
Raleigh RCRA, DOT, and EHS Training
Macon RCRA and DOT Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
How to Tell When a Sewage Pipe Needs Repair — Before it Bursts
The nation’s sewer system is a topic most people would prefer to avoid, but its aging infrastructure is wearing out, and broken pipes leaking raw sewage into streets and living rooms are forcing the issue.
Mark T. Hernandez and colleagues note that the maintenance of US wastewater collection systems costs an estimated $4.5 billion every year, much of which goes toward fixing or replacing 8,000 miles of sewers. In the future, these annual costs could top $12 billion. Part of the problem is corrosion caused by sewer gases that feed acid-generating microbes, which grown in biofilms on the inside top surface of the pipes. Although microbe communities have long been recognized as a factor in the corrosion of concrete pipes, they have not been well studied. To fill in the gaps, Hernandez’s team decided to figure out what kinds of bacteria and other conditions were most closely associated with corrosion problems.
From 10 different sewer systems in major cities around the country, the scientists measured bacterial diversity, gas concentrations in the air above the wastewater and other factors. In the most worn pipes, they found markedly little variety in the kinds of bacteria present, as well as elevated levels of both hydrogen sulfide and carbon dioxide gases. The researchers concluded that wastewater utilities could economically monitor combinations of these gases in sewage pipes to figure out which sites might be at higher risk for corrosion and take the necessary steps to prevent major damage.
ADEQ Announces Formation of Stakeholder Group to Assist in Response to EPA’s Carbon Dioxide Rules
Arizona Department of Environmental Quality officials announced that a stakeholder group will be formed to assist ADEQ in developing a plan in response to the EPA’s proposed requirements to cut carbon pollution from existing power plants in Arizona.
The stakeholder group will employ the same partnership model as the successful Phoenix Five Per Cent Plan, which brought the Valley in compliance with EPA dust standards, relying on input from elected officials, industry representatives, utilities, environmental activists, cities, ADEQ staff, and EPA. The group will be charged with guiding ADEQ’s development of a response to EPA’s proposed rules that make sense for Arizona’s unique environment and economy by June 30, 2016.
“Over the course of the next few days ADEQ will be reaching out to those most affected by these proposed rules,” said ADEQ Director Henry Darwin. “We need a healthy discussion about creating a sustainable energy future for Arizona at the same time we consider all of our other potential responses, including challenging EPA’s legal authority to set the standards if the proposed rule goes final.”
The EPA announced on Monday new proposed rules that require states to develop plans to reduce carbon dioxide, or CO2, from existing fossil fuel fired power plants. According to EPA statistics, Arizona’s energy mix in 2012 was 36.2% coal, 28.8% nuclear, 27.3% natural gas, 6.1% hydroelectric and less than 2% from other sources.
EPA’s proposal establishes emission reduction goals for each state and purports to achieve a 26 to 30% reduction in CO2 emissions from 2005 levels, as well as achieve important reductions in other pollutants that increase concentrations of soot and ozone, by 2030. EPA’s authority for creating these rules, however, was limited to establishing procedures by which states set standards.
EPA’s proposal offers states a large number of options to achieve the overall goals. States are provided with options that allow emissions reductions credit for everything that reduces the emissions of CO2 during the production of electricity through the efficiency savings experienced by the end user. States may also choose to achieve the emissions reductions target by controlling emissions at a single facility, balancing progress at the state level, or working cooperatively with multiple states.
The overall goal for each state must be achieved by 2030. Due to the complexities of the different solutions, states also have an option to use a two-step process to submit a final plan if more time is required for activities such as obtaining legislative approval or to complete the construction of a regional approach. In those cases EPA can extend the deadline by one or two years, respectively. Should any state fail to submit an initial plan by June 30, 2016, however, EPA has the authority to make the final decisions for that state.
Hazardous Waste Facility in Washington Settles $180,000 Fine
Burlington Environmental, LLC, has paid $45,000 to the state Department of Ecology as part of an agreement to settle a $180,000 penalty issued in September 2013 for improper dangerous waste management at its facility in Kent.
The company will devote the remaining $135,000 to a two-year audit program, subject to Ecology’s review and approval, of its waste handling, processing, and storage practices. Burlington Environmental will submit reports generated by the auditor to Ecology.
The company processes these wastes for proper disposal at permitted facilities.
While Burlington corrected its violations quickly, it makes sense for this company to make itself the leader in this area.”
“We appreciate that Ecology recognizes and supports our role as an integral part of the state’s business infrastructure,” said Matt Marra, Vice President, Environmental, Health and Safety & Materials Management of Burlington Environmental. “Our Kent facility safely processes more than 100,000 containers of materials each year. We will continue to work cooperatively with Ecology and the community to ensure our waste-handling practices are safe and protective.”
“We want to stress that none of the matters addressed in the settlement caused immediate threat to human health or the environment,” Marra added. “We continue to work diligently to improve our compliance with the rules and regulations that govern our business.”
Ecology has approved the hiring of HDR Inc. of Olympia, to conduct the audits of Burlington Environmental’s facility at 20245 77th Ave. S. in Kent.
“We expect this audit to lead to changes and corrections,” said Seiler, “and we expect to review proposals that implement the auditor’s recommendations. We also reserve the option to take further compliance actions if the audit identifies additional violations.”
Under the settlement, Burlington Environmental does not admit to any violation, and both parties avoid the cost of litigating an appeal of the penalty.
California Delists Chlorsulfuron as Reproductive Toxin
Effective June 6, 2014, the Office of Environmental Health Hazard Assessment (OEHHA) is removing chlorsulfuron from the list of chemicals known to the State of California to cause reproductive toxicity for purposes of Proposition 651.
Chlorsulfuron was added to the list on May 14, 1999, based on its formal identification by the EPA, an authoritative body, as causing reproductive toxicity. On November 18, 2013, EPA concluded that there is no compelling evidence of reproductive toxicity for chlorsulfuron3. Following receipt of a petition from DuPont Crop Protection, OEHHA reviewed the basis for listing the chemical. Subsequently, pursuant to regulatory requirements, OEHHA referred chlorsulfuron to the Developmental and Reproductive Toxicant Identification Committee (DARTIC) for reconsideration. Consequently, the chemical is being removed from the list.
Lithium Sulfur: A Battery Revolution on the Cheap?
Whip together an industrial waste product and a bit of plastic and you might have the recipe for the next revolution in battery technology. Scientists from the National Institute of Standards and Technology (NIST), the University of Arizona in Tucson, and Seoul National University in Korea have combined common ingredients to make an inexpensive, high-capacity lithium-sulfur battery that can be cycled hundreds of times without losing function.
“The new battery’s performance would be competitive in today’s marketplace,” says NIST materials scientist Christopher Soles. “Five hundred cycles with the capacity we’ve shown is definitely better than what’s in your laptop today.”
Batteries deliver power by shuttling positive ions between two electrodes—an anode and a cathode—while electrons travel around a circuit and do useful work. In the past decade, compact batteries using tiny lithium ions have achieved ever larger energy densities, packing more power in smaller volumes and helping to make smart phones and other mobile technologies ubiquitous. But lithium-ion batteries require bulky cathodes, typically made from ceramic oxides like cobalt oxide, to house the ions, which limits the battery’s energy density. This means that for more power-intensive applications like long-range electric vehicles, even lithium-ion technology does not cut it.
Enter lithium-ion’s slimmer cousin, lithium-sulfur. These batteries’ cathodes are made mainly of sulfur, a cheap waste product of petroleum processing. Sulfur weighs barely half as much as cobalt, atom for atom, and can pack more than twice as many lithium ions into a given volume as can cobalt oxide; thus, lithium-sulfur batteries have several times the energy density of lithium-ion batteries. But sulfur cathodes have two major weaknesses. Sulfur easily combines with lithium to form compounds that crystallize and gum up the battery’s insides, and it tends to crack under the stress of repeated cycling. As a result, a typical lithium-sulfur battery becomes useless within a few dozen cycles—far too few for a laptop or car battery that may get cycled once a day for years.
To create a more stable cathode, the research team heated sulfur to 185 degrees Celsius, melting the element’s eight-atom rings into long chains. They then mixed the sulfur chains with DIB, a carbon-based plastic precursor that links the sulfur chains together, creating what is known as a co-polymer. The team dubbed their manufacturing process “inverse vulcanization” because it resembles the process used to make rubber tires, with one crucial difference: in tires, carbon-containing material makes up the bulk, and sulfur is just sprinkled in.
Adding DIB to the cathodes prevents them from cracking as easily and keeps lithium-sulfur compounds from crystallizing. The scientists tested different mixtures of sulfur and DIB and found that the optimum mix contained between 10 and 20% DIB by mass: less DIB did not provide the cathode-protecting properties while more of the electrochemically inactive DIB began to drag down the battery’s energy density.
The researchers ran their optimized battery through 500 cycles and found that it retained more than half its initial capacity. Other experimental lithium-sulfur batteries have performed similarly, but their cathodes require more complex manufacturing processes that would be expensive to scale up, says Jeffrey Pyun, a chemist at the University of Arizona and Seoul National University. By contrast, the team’s polymer cathode requires only easily available materials and moderate heat. “We take it, we melt it in one step and pow, we get this plastic,” Pyun says. “If you were to come to our lab, we could do this in five minutes.”
Even so, we aren’t likely to see lithium-sulfur batteries in stores right away. Soles notes that a commercial battery technology has to do more than just meet performance specs. For example, lithium can combust if exposed to air, so any commercial lithium-sulfur battery will need to undergo rigorous safety testing before it hits the market.
All-Natural Mixture Yields Promising Fire Retardant
What sounds like fixings for a wizard’s potion—a dash of clay, a dab of fiber from crab shells, and a dollop of DNA—actually are the ingredients of promising green fire retardants invented by researchers at the National Institute of Standards and Technology (NIST).
Applied to polyurethane foam, the bio-based coatings greatly reduced the flammability of the common furniture padding after it was exposed to an open flame.
“This is the biggest reduction in flammability that we have achieved to date,” says team leader Rick Davis. The all-natural coatings outperform other promising experimental fire-retardants that the NIST researchers have devised with their layer-by-layer assembly method. But Davis says the bio-based coatings must be applied more generously, in stacks of about 20 layers as compared with six or seven layers.
Although still under study, the all-natural formulations might offer an alternative to existing fire retardants, including some that have been linked to human health risks and environmental problems. The new coatings use negatively charged DNA molecules to link two positively charged materials known to enhance fire resistance: montmorillonite, a type of soft clay that forms tiny crystals, and chitosan, a fiber derived from the shells of shrimp, lobsters, and other crustaceans. For its part, DNA, which was obtained from herring sperm, may also confer added protection because it bubbles and swells when heated, protecting the material beneath.
The team tested four different combinations of the three ingredients. In each combination, clay, chitosan and DNA were ordered in a specific arrangement and then stacked 20 to 30 layers high. Of the four, the best candidate for a bio-based fire retardant, according to the researchers, appears to be 10 repeating bilayers of chitosan overlain by a mixture of DNA and montmorillonite.
Besides providing the highest level of fire protection, the bilayer arrangement “is likely to be easier, faster, and less expensive to fabricate” than the other combinations, the team reports. However, this coating increased the weight of the foam by 16%. A lighter alternative, which provides only slightly less fire protection, is a coating that features five repeating four-layer stacks, each consisting of chitosan, DNA, chitosan, and clay. This arrangement increases the foam’s weight by 5%.
“Both recipes are great candidates” for environmentally benign fire-retardant coatings,” the team says. Ongoing research aims to simplify processing, enhance effectiveness, and test strategies to ensure durability.
Unilever Fined $362,500 for Sales of Hair Products that Violate California’s Air Pollution Laws
The California Air Resources Board announced that Conopco, Inc., has agreed to settle two cases with fines totaling $362,500 for violations of air quality laws related to the sale of hair styling products in California.
Conopco does business as Unilever and is a subsidiary of Unilever PLC, a multinational consumer goods company with US headquarters in New Jersey.
In both cases the products—Motions Oil Sheen & Conditioning Spray and TreSemme Root Busting Spray—exceeded a 6% VOC limit under a state consumer products regulation.
VOC compounds are regulated by the ARB because they react with other pollutants under sunlight to form ground-level ozone, a main ingredient in smog.
“When consumers statewide use products that do not comply with California’s standards, they unknowingly release significant quantities of smog-forming chemicals into the atmosphere,” said ARB Enforcement Chief James Ryden. “These violations by Unilever impact air quality and public health.”
The case was a repeat violation of California’s consumer products regulations for both Unilever and Alberto-Culver, which Unilever purchased in May 2011. The settlement was enhanced as a result, but also reduced in part because Unilever purchased the manufacturer of the product and cooperated with the investigation.
The products were sold in California for more than a year. In each case, ARB staff discovered the violations after purchasing and testing the hair styling products during routine inspections.
ARB estimated that about 17 tons of excess VOCs were emitted as a result of direct sales to consumers of the two products. The case involving Motions Oil Sheen & Conditioning Spray, which resulted in most of those emissions, was settled for $355,000. The second agreement, covering VOC violation for TreSemme Root Busting Spray, was settled for $7,500.
National Geothermal Data System to Accelerate Geothermal Energy Development
This innovative online tool will allow academia and industry to access quantifiable, technical data in digital format, breaking down one of the geothermal energy industry’s greatest barriers to development and deployment of this promising clean energy source.
The goal of the NGDS is to accelerate research and development in order to drive down the cost and improve the accuracy of subsurface exploration while also encouraging investment in geothermal energy production. The public data platform encompasses thousands of databases, geologic maps, and reports, drawing from millions of digitized records that were previously unavailable—and can aid discovery of new data on geologic features, faults, seismicity, heat flow, geochemistry, drilling, and temperatures at various depths and in specific geographic areas. Already, industry is using the free, online tool to simulate geological features and locate and monitor geothermal reservoirs beneath the Earth's surface.
All Energy Department-funded geothermal projects submit cutting-edge research data to the network through a dedicated interface called the Geothermal Data Repository. NGDS conforms to the US Geosciences Information Network (USGIN) protocols, a joint undertaking of the United States Geological Survey and the Association of American State Geologists, and the framework uses the same free, open-source content management system as Data.gov, making NGDS data fully transparent to researchers and developers.
First Quarter Enforcement Actions in EPA Region 10
EPA, Region 10, completed nearly 25 environmental compliance and enforcement actions in Alaska, Idaho, Oregon, and Washington from January 1, 2014 through March 31, 2014.
Violations of environmental laws put public health and the environment at risk. EPA enforces federal environmental laws to protect communities and to keep the region’s air, land, and water healthy. These compliance and enforcement efforts also level the playing field by deterring violators who might otherwise have an unfair business advantage over environmentally compliant facilities and businesses.
EPA Inspection Reveals Violations of Renovation, Repair, and Painting Rule for Renovation Company
M&L Construction has agreed to pay a $9,548 civil penalty to settle allegations that it violated the RRP Rule.
According to an administrative consent agreement and final order filed by EPA Region 7 in Lenexa, Kansas, the inspection revealed that M&L Construction failed to become a certified firm; failed to hand out the Renovate Right pamphlet to a homeowner; failed to retain records documenting lead-safe work practices; and failed to assign a certified renovator to projects.
M&L Construction was legally required to use proper lead-safe work practices during renovations and provide owners and occupants of the properties with an EPA-approved lead hazard information pamphlet, known as the Renovate Right pamphlet, before starting renovations at the properties.
The Renovate Right pamphlet helps homeowners and tenants understand the risks of lead-based paint, and how best to minimize these risks to protect themselves and their families. M&L Construction did not provide this pamphlet, assign a certified renovator to a renovation, or maintain lead-safe work practice records.
EPA became involved in this case as a result of information received from a tip and complaint.
The RRP Rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities are trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities, like sanding, cutting and replacing windows, minimize the creation and dispersion of dangerous lead dust. EPA finalized the RRP Rule in 2008 and the rule took effect on April 22, 2010.
Emergency renovations are those performed in response to situations necessitating immediate action to address safety or public health hazards or threats of significant damage to equipment or property. Many renovators are unfamiliar with the limitations to emergency renovation situations. The need for immediate action relieves firms from some, but not all, lead-safe work requirements. Once the emergency renovation is over, the typical Renovation, Repair, and Painting rules apply.
This enforcement action addresses RRP Rule violations that could result in harm to human health. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing. Today, at least 4 million households have children living in them that are being exposed to high levels of lead. There are approximately half a million US children ages 1–5 with blood-lead levels above 5 micrograms per deciliter (µg/dL), the reference level at which CDC recommends public health actions be initiated.
EPA Settlement with US Postal Service Helps Protect Soil and Groundwater from Underground Storage Tank Leaks
As part of this certification, USPS has corrected violations associated with its failure to conduct release detection testing; line leak detector testing; a line tightness test, and failure to investigate/report a suspected release. The USPS will also pay a civil penalty of $55,258.
With millions of gallons of petroleum products and hazardous substances stored in USTs throughout the US, leaking tanks are a major source of soil and groundwater contamination. Federal and state UST regulations are designed to reduce the risk of underground leaks thus minimizing environmental harm and avoiding the costs of major cleanups.
EPA alleged violations of federal and state UST regulations at the following facilities:
- USPS Prince William Branch, Woodbridge. $16,469 penalty for failure to conduct: release detection testing; annual test of the line leak detector; annual line tightness test; and failure to investigate/report a suspected release associated with its 10,000 gallon gasoline tank
- USPS Woodbridge Main Branch. $5,514 penalty for failure to conduct annual test of the line leak detector associated with its 4,000 gallon gasoline tank
- USPS’s Dulles Vehicle Maintenance Facility, Sterling. $15,296 penalty for failing to conduct annual test of the line leak detectors associated with three of its 10,000 gallon diesel and gasoline tanks
- USPS Cave Springs Facility, Roanoke. $3,399 penalty for failing to conduct annual test of the line leak detector associated with its 10,000 gallon gasoline tank
- USPS’s Hampton Vehicle Maintenance Facility, Hampton. $14,580.00 penalty for failing to conduct annual test of the line leak detectors associated with its 10,000 gallon gasoline tank; 4,000 diesel fuel tank; 1,000 gallon motor oil tank; and a 1,000 gallon used oil tank
As part of these settlements, the USPS did not admit liability for the alleged violation. The settlement penalties reflect the USPS’s cooperation with EPA in correcting the alleged violations and resolving this matter.
EPA Settlement with Destination Maui will Fund Blood Lead Testing for 350 Children
The EPA announced a settlement valued at $55,000 with Destination Maui, Inc., for failing to notify its tenants about the potential presence of lead-based paint at eight properties located on Maui.
“More than half a million children in America have blood lead levels that can lead to learning disabilities and behavior problems,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Household paint is the main source of exposure, so it’s crucial for landlords to provide tenants the information they need to protect their families from lead poisoning.”
In addition to a fine of $5,500, Destination Maui will spend approximately $49,500 to fund the testing of 350 children for lead exposure and provide blood lead analysis equipment to three community health clinics operated by Malama I Ke Ola Health Center on Maui that serve low income and homeless residents. The blood testing program will take place over the next three years, and will target uninsured children under the age of 6 years old.
An EPA inspection found that the firm did not provide information about the potential presence of lead based paint before leasing eight properties in Kahului, Kihei, Wailuku, Lahaina, Makawao, Kula, and Haiku.
The inspection was one of several conducted at property management firms in May 2011 throughout Maui that rent older housing that may have a risk of lead hazards. EPA places a high priority on addressing environmental health risks like lead poisoning that disproportionately affect children and environmental justice communities. Even low levels of lead in the blood of children can result in behavior and learning problems, lower IQ and hyperactivity, and other harmful health effects. Because such effects may not be immediately apparent in young children, testing is recommended to identify lead poisoning and take action to prevent further harm.
The federal government banned lead-based paint from housing in 1978. In addition, contractors who work on such housing or child-occupied facilities must be certified by EPA if they perform significant renovation, repair, or painting.
Emerald Kalama Chemical Resolves Clean Air Violations, Repair Lapses
Emerald Kalama Chemical has agreed to resolve inadequate leak detection and repair practices that violated federal clean air laws at its facility in Kalama, Washington, according to a settlement with the EPA. The company produces food preservatives and flavoring, anti-microbials, fragrances, and plastic products.
“Industrial facilities handle materials that can be toxic, and they are responsible for ensuring those facilities are in working order.”
An EPA inspection found that from 2009 to 2011 the facility failed to perform required leak detection and repairs on pumps, valves, and monitoring instruments.
The company has agreed to pay a fine of $18,340.
Georgia Man Pleads Guilty to Federal Charges for Discharging Waste into Potomac River
The guilty plea was announced by Acting Assistant Attorney General Sam Hirsch of the Justice Department’s Environment and Natural Resources Division; US Attorney for the District of Columbia Ronald C. Machen Jr.; Special Agent in Charge David G. McLeod Jr. of the Environmental Protection Agency’s criminal enforcement program for the Middle Atlantic States; and Acting Chief Robert D. MacLean of the United States Park Police.
Brightwell pleaded guilty in the US District Court for the District of Columbia to one count of violating the Clean Water Act by knowingly discharging a pollutant without a permit and one count of presenting false claims to the United States. The Honorable James E. Boasberg scheduled sentencing for September 3, 2014. Under federal sentencing guidelines, Brightwell faces a likely range of 46 to 57 months in prison and a fine of up to $75,000. Brightwell also has agreed to pay $270,667 in restitution to the National Park Service, representing the losses for the work that was not properly performed. He also must pay a forfeiture money judgment totaling $230,899.
An eight-count indictment of Brightwell was unsealed following his arrest in Georgia on December 5, 2013. The remaining charges will be dismissed as part of the guilty plea.
“While he was supposed to be helping to keep the National Mall—a treasure of our national park system—clean and free of trash, Brightwell was actually directing the dumping of debris and wastewater into the Potomac River,” said Acting Assistant Attorney General Hirsch.
“Patrick Brightwell harmed the US taxpayer and our nation’s capital by directing his workers to dump waste in the Potomac River,” said US Attorney Machen. “Instead of fulfilling a contract to take waste from the National Mall to a disposal facility, Brightwell polluted our water by telling his employees to cut corners regardless of the damage to our environment.
“The defendant dumped untreated wastewater and debris into one of our nation’s most treasured rivers, the Potomac,” said Special Agent in Charge McLeod. “Businesses and their contractors who flout the nation's environmental laws will be held accountable. EPA and its partner agencies are committed to vigorously working together to protect the public from this type of illegal and dangerous action.”
“The guilty pleas in this case shall serve as a reminder that environmental crimes will not be tolerated by the National Park Service, law enforcement, the criminal justice system, and the community," said Acting Chief MacLean. “I applaud the collaborative efforts of every agency involved as a testament to the inherent dedication to protecting our nation's natural resources.”
According to a statement of offense signed by the government and defendant, from in or about 2007 through 2011, Brightwell was a manager of a company that had a contract with the National Park Service to clean the storm water sewer system on the National Mall. The contract required that waste removed from the Mall’s storm drains and oil-water separators be disposed of at a proper disposal facility in compliance with District of Columbia regulations and federal law.
Brightwell hired employees and subcontractors to perform work under the contract and oversaw their work from 2008 to 2011. To clean the structures, Brightwell and his company used a vacuum truck, a vehicle designed to gather, store, and transport such waste. When the storage compartment in the vacuum truck became full, workers would have to discharge waste from the truck prior to continuing the cleaning.
In 2009, 2010 and 2011, according to the statement of offense, Brightwell directed his employees and subcontractors to discharge waste from the vacuum truck at a storm drain near a parking lot in East Potomac Park, across Ohio Drive from the Potomac River. Brightwell concealed these discharges from the National Park Service and police. Workers also discharged waste at a manhole near Fort McNair in the District of Columbia.
During this period, Brightwell continued to invoice the National Park Service for cleaning services, but concealed and did not disclose that the waste was not being properly disposed, as required by the contract. From 2009 through 2011, Brightwell’s company received approximately $406,000 in payments from the National Park Service related to the contract.
According to the statement of offense, the employees and subcontractors illegally dumped waste at the parking lot approximately two-thirds of the time, and dumped the waste at a proper disposal facility in Fort Washington, Maryland, about one-third of the time.
The subcontractor, B&P Environmental LLC, and a B&P employee working on June 6, 2011, both pleaded guilty in November 2014 to violations of the Clean Water Act before the US District Court. As part of their pleas, both the company and employee agreed to cooperate with the government’s investigation. Both the company and employee are awaiting sentencing.
JR Custom Harvesting Company and Others Fined $141,000 for Diesel Fleet Air Quality Violations
The Air Resources Board has fined JR Custom Harvesting Company, Inc., and its associates New Venture Trucking, LLC, and Zion Harvest Company, Inc., a total of $140,925 for a variety of air quality violations relating to the company’s diesel vehicle fleet.
An investigation by the ARB showed that the Salinas-based company failed to:
- Properly self-inspect its diesel trucks to insure they met state smoke emission standards
- Meet the requirements of the Truck and Bus Regulation’s Engine Model Year Compliance schedule
- Register its Transport Refrigeration Units in ARB’s TRU tracking system
In addition, the company was cited for having non-compliant TRUs and for failing to properly label them as required.
“All businesses operating in the state must do their part to protect public health,” said ARB Enforcement Chief Jim Ryden. “We are hopeful that this company will learn from this experience that in the long run, it doesn’t pay to circumvent the rules.”
JR Custom Harvesting provides growers with farm labor for harvesting produce and trucking services to get produce from the field to processing facilities throughout California and Arizona. This is the first time the company has been found in violation of ARB regulations.
As outlined in the settlement agreement, the company paid $105,694.00 to the California Air Pollution Control Fund, which provides funding for projects and research to improve California's air quality, and $35,231.00 to the Peralta Colleges Foundation to fund diesel education classes conducted by participating California community colleges.
Diesel exhaust contains a variety of harmful gases and more than 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death and other health problems.
EPA Finalizes Greenhouse Gas Permit for Company in Hale County, Texas
EPA has issued a final GHG Prevention of Significant Deterioration (PSD) construction permit to Golden Spread Electric Cooperative, Inc. (GSEC), Antelope Elk Energy Center in Abernathy, Texas. Golden Spread plans to construct a natural gas-fired simple cycle turbine.
“We continue to work with Texas’ businesses to take action on reducing greenhouse gas emissions,” said EPA Regional Administrator Ron Curry. “We are pleased to see companies making a positive difference to reduce environmental impacts on our climate and create jobs that foster clean energy initiatives.”
The plant will operate in a peaking and intermediate power generation mode while maintaining grid stability and meeting load when weather conditions are not conducive to wind energy production. The estimated project cost is $110 million and will bring almost 200 jobs to the area. The plant will also construct a diesel-fired emergency generator, a gas-fired fuel gas heater, and circuit breakers.
In June 2010, EPA finalized national GHG regulations, which specify that beginning on January 2, 2011, projects that increase GHG emissions substantially will require an air permit.
EPA believes states are best equipped to run GHG air permitting programs. Texas is working to replace a federal implementation plan with its own state program, which will eliminate the need for businesses to seek air permits from EPA. This action will increase efficiency and allow for industry to continue to grow in Texas.
Qu?bec and California Announce Plans for Joint Auction of Greenhouse Gas Emission Allowances
The California Air Resources Board (ARB) and the minist?re du D?veloppement durable, de l’Environnement et de la Lutte contre les changements climatiques (Ministry of Sustainable Development, Environment and the Fight against Climate Change) (MDDELCC) of Qu?bec recently announced plans to conduct a joint practice auction for the California and Qu?bec cap-and-trade programs. A successful practice auction will pave the way to holding the first joint auction of emission allowances by the two programs in November 2014.
Application for the practice auction will begin in the last week of July, and the bidding window will be open one day during the first week of August. All registered participants in the California and Qu?bec programs are eligible to participate in the practice auction.
During the practice auction, participants will test the updated auction platform and become familiar with the new features that support a joint auction, such as the handling of both Canadian and US currency. California and Qu?bec officials will monitor the practice auction simultaneously, testing and verifying joint oversight and communication procedures. Following the practice auction, the ARB and the MDDELCC will evaluate its performance to confirm that all systems and procedures work properly.
California and Qu?bec have each committed to timely and effective action to reduce emissions of GHGs that are contributing to climate change. To achieve these emission reductions, each jurisdiction is implementing a portfolio of programs, including linked cap-and-trade programs. The linked programs provide a working model for other states and provinces that are seeking cost-effective approaches for enhancing economic growth and innovation while reducing GHG emissions.
Conservationists Sue to Stop Coal Ash Pollution Leaking into Apalachicola River
On behalf of three conservation groups, Earthjustice has filed a federal lawsuit to stop toxic water pollution that is leaking into the Apalachicola River from an aging 40-acre coal ash dump at Gulf Power Company’s Scholz Generating Plant near Sneads, Florida. The groups say Gulf Power is illegally discharging dangerous pollutants—including arsenic and lead—into the river, threatening people and the environment in the most ecologically-diverse area of the southern US.
Gulf Power, a subsidiary of the $38-billion Southern Company, has flushed millions of gallons of toxic coal ash sludge into 40 acres of unlined pits that sit atop a bluff along the Apalachicola River. The groups say the waste is leaking out of the pits and into the river, contaminating the water with pollutants including arsenic, cadmium, and chromium—all well-known carcinogens—as well as aluminum, barium, beryllium, copper, lead, nickel, zinc, selenium, and the neurotoxin mercury.
One test, in June 2013, found that arsenic levels coming out of the unlined pits were 300 times the amount of arsenic considered safe for drinking water.
Earthjustice filed its Clean Water Act suit in US District Court in Tallahassee, Florida, on behalf of the Southern Alliance for Clean Energy, Waterkeeper Alliance, and Apalachicola Riverkeeper.
Gulf Power has a federal Clean Water Act permit, which allows it to discharge treated coal ash water and chlorinated condensing water directly into the Apalachicola through an outfall. But the groups say that contamination is leaking at other points on the site and not receiving proper treatment—and those discharges are not covered by the permit.
“This is a public hazard,” said Earthjustice attorney Alisa Coe. “Taxpayers have spent millions over the years to buy huge tracts of land around the Apalachicola to protect the river. Gulf Power does not have the right to pollute our public river, and that’s why we’re going to court.”
The toxic heavy metal leaks—and the company’s decision not to report them—violate Gulf Power’s federal permit requirements under the Clean Water Act.
“On any given day, you can find people boating and fishing on the Apalachicola just downstream of Gulf Power’s toxic waste dump. This illegal pollution threatens the health of people who use the river and everything in it,” said Waterkeeper Alliance attorney Pete Harrison. “This plant was built in 1953, and it is a dinosaur that is illegally polluting one of the most incredible rivers in the Southeast. It’s not fair for one corporate polluter to get away with fouling the water that belongs to us all.”
Apalachicola Riverkeeper Dan Tonsmeire points out that the river and estuary support a multi-billion seafood industry in the Gulf of Mexico including a world renowned oyster fishery in Apalachicola Bay.
“The Apalachicola is not just a local asset, it’s a national treasure that needs to be protected,” Tonsmeire said.
Ulla Reeves, who directs the High Risk Energy Program for the Southern Alliance for Clean Energy, says the massive piles of coal ash waste from power plants are a pressing pollution threat throughout the region—even at retiring facilities like the Scholz Plant. Forty percent of the coal ash pits—which the industry calls “impoundments” or “lagoons”—are located in the Southeast.
“This February in North Carolina, a stormwater pipe below a massive Duke Energy coal ash impoundment failed, spilling 140,000 tons of toxic pollution into the Dan River,” Reeves said. “This coal ash sludge now coats the bottom of the Dan River for 70 miles downstream, and the full health and economic impacts of this spill are still adding up. A tragedy like that on the Apalachicola would devastate the river and those who depend on it.”
New York DEC Announces Long Island Pesticide Pollution Prevention Strategy
A new strategy to better protect Long Island groundwater and surface waters from pesticides was released recently by the state Department of Environmental Conservation (DEC), Commissioner Joe Martens announced.
The Long Island Pesticide Pollution Prevention Strategy was developed by DEC in collaboration with numerous stakeholders. The Strategy, which will be effective on July 11th, is a blueprint for action that strengthens DEC's existing pest management regulatory program by adopting a new management approach to prevent pesticide-related impacts of surface water and groundwater, while recognizing the need for pest management. Approximately 3 million residents in Nassau and Suffolk counties rely on drinking water from a sole source aquifer.
"Protecting environmental resources on Long Island, including the sole source aquifer, is essential to ensure the health and safety of residents and maintain the quality of life in the region," Commissioner Martens said. "Under this Strategy, DEC will assess specific pesticide active ingredients, work closely with partners to identify and implement best management practices to prevent adverse impacts and use water quality monitoring data to determine if the environment has been damaged. Our goal is to better protect Long Island's critical water resources, while meeting the region's pest management needs."
The Strategy will address pollutants at the source and includes close scrutiny of vital water resources to ensure the environment and public health are protected. The Strategy includes the following recommendations:
- DEC will convene and meet with a Technical Review and Advisory Committee (TRAC) comprised of state and local government agencies, local organizations, and academic representatives. The TRAC will advise DEC on pesticide use patterns, aquifer vulnerability and human health risks, and will also recommend alternatives and pollution prevention measures to address pesticide-associated contaminants in groundwater.
- DEC will collaborate with stakeholder work groups, including experts on pesticide use, water quality and pest management, to assess certain pesticide active ingredients and collaborate on identifying less toxic alternatives, conducting outreach and education, and implementing specific pollution prevention measures.
- DEC will identify and prioritize pesticide pollution measures and work with partners to develop and implement product or use alternatives, outreach and education on integrated pest management, and voluntary label changes.
- DEC, with the assistance of other organizations and experts, will develop best management practices and track the results of pollution prevention initiatives to determine if additional monitoring or measures are necessary for the effective protection of water quality or pest management. Based on water quality results, DEC and the State Health Department may consider regulatory actions if significant public health threats are detected.
As part of this Strategy, DEC will maximize the use of water quality monitoring data and devote additional resources to evaluate the success of pollution prevention measures.
Dale Moyer, associate executive director, Cornell Cooperative Extension of Suffolk County, said, "The Long Island Pesticide Pollution Prevention Strategy is a comprehensive, scientifically sound, and balanced approach which protects our water resources from pesticide related contamination, while meeting our pest management needs. This coincides with the goals of Cornell Cooperative Extension of Suffolk County's Agriculture Program."
DEC carefully reviewed all public comments received and then revised the Strategy to clarify the factors that will be considered in pursuing pollution prevention measures and other appropriate actions, establishing water quality goals and pollution reduction targets, and measuring the Strategy's success.
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Trivia Question of the Week
According to EPA, coal is the single biggest air polluter in the US. How much of the country’s electricity is provided by coal?
a) 22%
b) 44%
c) 66%
d) 88%