EPA Defers GHG Permitting Requirements for Biomass

 

The agency intends to use this time to seek further independent scientific analysis of this complex issue and then to develop a rulemaking on how these emissions should be treated in determining whether a Clean Air Act (CAA) permit is required.

“We are working to find a way forward that is scientifically sound and manageable for both producers and consumers of biomass energy. In the coming years we will develop a commonsense approach that protects our environment and encourages the use of clean energy,” said EPA Administrator Lisa P. Jackson. “Renewable, homegrown power sources are essential to our energy future, and an important step to cutting the pollution responsible for climate change.”

By July 2011, EPA plans to complete a rulemaking that will defer permitting requirements for CO2 emissions from biomass-fired and other biogenic sources for three years. During the three-year period, the agency will seek input on critical scientific issues from its partners within the federal government and from outside scientists who have relevant expertise. EPA will also further consider the more than 7,000 comments it received from its July 2010 Call for Information, including comments noting that burning certain types of biomass may emit the same amount of CO2 emissions that would be emitted if they were not burned as fuel, while others may result in a net increase in CO2 emissions. Before the end of the three-year period, the agency intends to issue a second rulemaking that determines how these emissions should be treated or counted under GHG permitting requirements.

The agency plans to issue guidance soon that will provide a basis that state or local permitting authorities may use to conclude that the use of biomass as fuel is the best available control technology for GHG emissions until the agency can complete an action on the three-year deferral in July.

In a separate but related letter, EPA is notifying the National Alliance of Forest Owners that it will grant its petition to reconsider the portion of the May 2010 tailoring rule that addresses the same issue.

CO2 emissions from biomass-fired and other biogenic sources are generated during the combustion or decomposition of biologically based material. Sources covered by this decision would include facilities that emit CO2 as a result of burning forest or agricultural products for energy, wastewater treatment and livestock management facilities, and landfills and fermentation processes for ethanol production.

On January 2, 2011, air permitting requirements began for large GHG emitting industries that are planning to build new facilities or make major modifications to existing ones. These facilities must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHG emissions. This includes the nation’s largest GHG emitters, such as power plants and refineries. Emissions from small sources, such as farms and restaurants, are not covered by these GHG permitting requirements.

IATA Update – What’s New for 2011?

Each year, the International Air Transportation Association (IATA) updates and revises the regulations for the transportation of dangerous goods (hazardous materials) by air. If you offer dangerous goods for transportation by air, you must follow the new regulations by January 1. A large number of significant changes are being implemented in the 2011 IATA Dangerous Goods Regulations (DGR).

 

 

At this live webcast, you will learn:

• Changes in the regulations for consumer commodities– new marking and shipping paper entries
• New test authorized to determine classification and packing group of corrosives
• Changes in the classification criteria for magnetized materials
• Revisions to the classification of environmentally hazardous substances, marine pollutants, and aquatic pollutants
• Phase in of new packing instructions for Class 3 flammable liquids, Class 4 flammable solids, Class 5 oxidizers/organic peroxides, Class 8 corrosives, Class 9 miscellaneous, and Division 6
• New entries on the IATA List of Dangerous Goods and new special provisions
• New marking requirements for net quantities, limited quantities, environmentally hazardous substances, and orientation arrows

 

 

Columbia, South Carolina RCRA and DOT Training

 

Advertising Opportunities Available

 

Environmental Resource Center is making a limited number of advertising positions available in the Safety Tip of the Week™, the Environmental Tip of the Week™, and the Reg of the Day™. 

 

New Guidance for Enhanced Monitoring of Hexavalent Chromium in Drinking Water

 

The agency announced that it is delivering on that promise and has issued guidance recommending how public water systems might enhance monitoring and sampling programs specifically for hexavalent chromium. The recommendations are in response to emerging scientific evidence that chromium-VI could pose health concerns if consumed over long periods of time.

“Protecting public health is EPA’s top priority. As we continue to learn more about the potential risks of exposure to chromium-VI, we will work closely with states and local officials to ensure the safety of America’s drinking water supply,” said Administrator Jackson. “This action is another step forward in understanding the problem and working towards a solution that is based on the best available science and the law.”

The enhanced monitoring guidance provides recommendations on where the systems should collect samples and how often they should be collected, along with analytical methods for laboratory testing. Systems that perform the enhanced monitoring will be able to better inform their consumers about any presence of chromium-VI in their drinking water, evaluate the degree to which other forms of chromium are transformed into chromium-VI, and assess the degree to which existing treatment affects the levels of chromium-VI in drinking water.

EPA currently has a drinking water standard for total chromium, which includes chromium-VI, and requires water systems to test for it. Testing is not required to distinguish what percentage of the total chromium is chromium-VI versus other forms such as chromium-III, so EPA’s regulation assumes that the sample is 100% chromium-VI. This means the current chromium-VI standard has been as protective and precautionary as the science of that time allowed.

 

 However, the science behind chromium-VI is evolving. The agency regularly re-evaluates drinking water standards and, based on new science on chromium-VI, has already begun a rigorous and comprehensive review of its health effects. In September 2010, the agency released a draft of the scientific review for public comment. When the human health assessment is finalized in 2011, EPA will carefully review the conclusions and consider all relevant information to determine if a new standard needs to be set. While EPA conducts this important evaluation, the agency believes more information is needed on the presence of chromium-VI in drinking water. For that reason, EPA is providing guidance to all public water systems and encouraging them to consider how they may enhance their monitoring for chromium-VI.

State Clean Air Agencies Endorse Lesser HAP Threshold for Mercury

 

 Currently, the major source threshold for HAPs is 10 tons per year of a single pollutant or 25 tons per year of a combination of HAPs, but provides the Administrator with the authority to establish a lesser-quantity threshold (LQT) for persistent and bioaccumulative toxic (PBT) pollutants.

The NACAA letter reported that on October 19, 2010, the NACAA Board of Directors unanimously endorsed the recommendation to lower the major source definition for mercury.

Residual Risk and Technology Review for Secondary Lead Smelters NESHAPUnder the technology review provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them “as necessary (taking into account developments in practices, processes and control technologies)” no less frequently than every 8 years. Under the residual risk provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect.

The MACT standards for Secondary Lead Smelters, which are also known as the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Secondary Lead Smelters, were promulgated on June 23, 1995, under CAA section 112(d). The standards establish emission limitations and work practice standards for all new and existing secondary lead smelters that produce refined lead from lead scrap, mainly recycled spent lead acid batteries. The RTR for secondary lead smelters will be conducted in this rulemaking. These reviews will address possible residual risks, technology advancements, and technical deficiencies in the existing NESHAP. 

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units

EPA promulgated emissions standards for Other Solid Waste Incineration (OSWI) units on December 16, 2005. Units covered under this rule include certain very small municipal waste combustion and institutional waste incineration units. Because EPA did not have emissions test data on OSWI units specifically, the 2005 rulemaking was based on test data from hospital, medical, infectious waste incineration (HMIWI) units, which were considered to be similar to OSWI units. EPA did not issue standards or guidelines for sewage sludge incinerator units, pathological waste incinerator units, and other categories of units.

In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA’s definition of “solid waste incineration unit.” In that decision, the court held that any facility that combusts any solid waste material is a commercial or industrial solid waste incineration unit. Based on that decision, EPA has reevaluated some of the categories of units for which EPA did not issue standards or guidelines in the 2005 OSWI rule—for example, pathological waste incinerators—and concluded that such units are in fact solid waste incineration units and as such must be regulated under CAA section 129.

This rule will require that an information collection request (ICR) be used to gather data necessary to develop MACT floors and emission limits for the various subcategories of OSWI. 

Correction to Insert Credible Evidence Language Missing from the Compliance Certification Provisions for Operating Permits Programs

EPA plans to amend the operating permit compliance certification provisions to restore a sentence removed by error in a previous amendment. The June 27, 2003, final rule that amended the Compliance Certification Requirements language inadvertently omitted the following sentence, “If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information.”

An Inspector General report strongly recommended that the language be restored to maximize the effectiveness of “all credible evidence” regulations. EPA is taking action to correct this error by restoring the omitted sentence in the rules. 

Semiconductor Emissions Estimate Calculator

The tool was developed in response to stakeholder requests. Its use is voluntary.

The tool can be used to help owners and operators calculate emissions required by the California’s semiconductor regulation, which became effective on January 1, 2010. The Air Resources Board staff developed this tool in consultation with stakeholders over the past several months.

 

Amendments to NESHAP for Area Sources: Plating and Polishing

On June 12, 2008, EPA issued a NESHAP for the plating and polishing area source category under section 112 of the CAA and is now planning to take direct final action to amend the NESHAP for this area source category.

The final amendments will clarify that the emission control requirements of the plating and polishing area source NESHAP do not apply to any bench-scale activities. Also, several technical corrections and clarifications that do not make significant changes in the rule’s requirements have been made to the rule text. EPA plans to make these amendments by direct final rule within the next 12 months, without prior proposal, because the agency views these revisions as noncontroversial and anticipates no adverse comments.

North American International Auto Show Spotlights Hybrids

The 2011 North American International Auto Show (NAIAS), which will be open to the public from January 15–23 after industry previews, has already shown a spotlight on hybrid vehicles.  The carmaker showed off its first production plug-in hybrid electric vehicle, the C-MAX Energi plug-in hybrid. It also revealed its C-MAX Hybrid. Both are based on the new Ford C-MAX five-passenger multi-activity vehicle. The models will be built alongside the all-new 2012 Ford Focus and Focus Electric at Ford’s Michigan Assembly Plant in Wayne, Michigan. The carmaker, which revealed its Focus Electric last week, announced at NAIAS that it would add 7,000 U.S. jobs over the next two years as a result of its growth, and that it was specifically seeking engineers who specialized in electrification.

The honor is given by a jury of 49 automotive journalists from across a spectrum of media in Canada and the United States. The hybrid Volt beat out the electric Nissan Leaf and the Hyundai Sonata, which were also finalists. Volt previously collected Motor Trend 2011 Car of the Year honors. Others also sought to make a splash. 

 

EPA Halts Disposal of Mining Waste to Appalachian Waters at Proposed Spruce Mine

EPA is acting under the law and using the best science to protect water quality, wildlife and Appalachian communities, who rely on clean waters for drinking, fishing, and swimming. EPA has used this CWA authority in just 12 circumstances since 1972 and reserves this authority for only unacceptable cases. This permit was first proposed in the 1990s and has been held up in the courts ever since.

“The proposed Spruce No. 1 Mine would use destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and clean water on which they depend,” said EPA Assistant Administrator for Water Peter S. Silva. “Coal and coal mining are part of our nation’s energy future and EPA has worked with companies to design mining operations that adequately protect our nation’s waters. We have a responsibility under the law to protect water quality and safeguard the people who rely on clean water.”

EPA’s final determination on the Spruce Mine comes after discussions with the company spanning more than a year failed to produce an agreement that would lead to a significant decrease in impacts to the environment and Appalachian communities. The action prevents the mine from disposing of the waste into streams unless the company identifies an alternative mining design that would avoid irreversible damage to water quality and meets the requirements of the law. Despite EPA’s willingness to consider alternatives, Mingo Logan did not offer any new proposed mining configurations in response to EPA’s Recommended Determination.

EPA believes that companies can design their operations to make them more sustainable and compliant with the law. Last year, EPA worked closely with a mining company in West Virginia to eliminate nearly 50% of their water impacts and reduce contamination while at the same time increasing their coal production. These are the kinds of success stories that can be achieved through collaboration and willingness to reduce the impact on mining pollution to our waters. Those changes helped permanently protect local waters, maximize coal recovery, and reduce costs for the operators.

EPA’s decision to stop mining waste discharges to high quality streams at the Spruce No. 1 mine was based on several major environmental and water quality concerns. The proposed mine project would have:

• Disposed of 110 million cubic yards of coal mine waste into streams.
• Buried more than six miles of high-quality streams in Logan County, West Virginia with millions of tons of mining waste from the dynamiting of more than 2,200 acres of mountains and forestlands.
• Buried more than 35,000 feet of high-quality streams under mining waste, which will eliminate all fish, small invertebrates, salamanders, and other wildlife that live in them.
• Polluted downstream waters as a result of burying these streams, which will lead to unhealthy levels of salinity and toxic levels of selenium that turn fresh water into salty water. The resulting waste that then fills valleys and streams can significantly compromise water quality, often causing permanent damage to ecosystems and streams.
• Caused downstream watershed degradation that will kill wildlife, impact birdlife, reduce habitat value, and increase susceptibility to toxic algal blooms.
• Inadequately mitigated for the mine’s environmental impacts by not replacing streams being buried, and attempting to use storm water ditches as compensation for natural stream losses.

According to the EPA, during the permitting process there was a failure to consider cumulative watershed degradation resulting from past, present, and future mining in the area.

EPA’s decision prohibits five proposed valley fills in two streams, Pigeonroost Branch, and Oldhouse Branch, and their tributaries. Mining activities at the Spruce site are underway in Seng Camp Creek as a result of a prior agreement reached in the active litigation with the Mingo Logan Coal Company. EPA’s Final Determination does not affect current mining in Seng Camp Creek.

Background on CWA Section 404(c)

CWA section 404(c) authorizes EPA to restrict or prohibit placing dredged or fill material in streams, lakes, rivers, wetlands, and other waters if the agency determines that the activities would result in “unacceptable adverse effects” to the environment, water quality, or water supplies. This authority applies to proposed projects as well as projects previously permitted under the CWA although EPA is not considering such action for other previously permitted projects.

With this action, EPA has exercised its section 404(c) authority only 13 times in its history of the CWA. EPA recognizes the importance of ensuring that its section 404(c) actions are taken only where environmental impacts are truly unacceptable and will use this authority only where warranted by science and the law.

Congress Takes on Secret Chemicals Used in Controversial Gas Drilling Technique

Members of Congress signaled their support for disclosure of secret chemicals used in gas drilling on public lands, signing onto a letter sent to U.S. Interior Secretary Ken Salazar. Led by Congressman Maurice Hinchey (D-NY), Congresswoman Diana DeGette (D-CO), and Congressman Jared Polis (D-CO), 46 members of Congress signed the letter. The move was prompted by health concerns posed by the controversial gas drilling technique—known as “hydraulic fracturing”—in which drillers blast millions of gallons of chemically treated water into the earth to force gas from underground deposits.

Earthjustice Legislative Associate Jessica Ennis said, “…we have virtually no idea what chemicals drillers are pumping underground during the hydraulic fracturing process. But when it comes to chemicals in our drinking water, the American people deserve to know more, not less.”

Hands-on Training Offered by Louisiana DEQ for NetDMR Online Reporting

The Louisiana Department of Environmental Quality (DEQ) is offering training for permittees on the use of the NetDMR online application for the submission of discharge monitoring reports (DMR). A DMR is a self-reporting document that is generated by permittees that have a Louisiana Pollutant Discharge Elimination System permit. The DMR contains information pertaining to water discharges into waters of the state.

The three-hour session is intended to provide permittees and data providers with an overview of the NetDMR application that will enable the online submissions of the required discharge monitoring reports. The training will instruct participants on registering for an account, entering data, and signing and submitting a DMR online using the NetDMR test environment.

The training is available at the DEQ Headquarters in Baton Rouge on February 2, 12:30 to 3:30 p.m., and in Alexandria at Central Louisiana Technical College on March 2 from 9 a.m. to 12 noon. Registration is required as space is limited. 

Administrator Named to Head Nevada Division of Environmental Protection

Department of Conservation and Natural Resources (DCNR) Director Leo Drozdoff has announced the appointment of Dr. Colleen Cripps to lead the Nevada Division of Environmental Protection (NDEP).

Dr. Cripps has been with NDEP for 21 years. Currently serving as the Acting Administrator, she previously served as the Deputy Administrator responsible for the agency’s Air, Waste, and Federal Facilities Bureaus and, prior to that, held the position of Chief of the Bureau of Air Quality. Dr. Cripps has served on numerous boards including the National Association of Clean Air Agencies’ (NACAA) Executive Board from 2003-2009 and as NACAA President from 2008-2009, she served as a member of the Executive Committee and Vice-President of the Western States Air Resources Council (WESTAR), she represented Nevada on the Western Regional Air Partnership (WRAP), and Dr. Cripps was one of Nevada’s observers to the Western Climate Initiative.

“I am pleased to be asked to serve as administrator of the Division of Environmental Protection,” Cripps said. “This is a tremendous opportunity to continue my career working to protect the health of both the public and the environment. But, above all else, I am honored to be working with the dedicated and professional staff of NDEP.”

“Dr. Cripps has served Nevada and NDEP well as she navigates the complex scientific and technical world of environmental protection with skill and professionalism. I look forward to her leadership at NDEP,” Drozdoff stated.

A native Nevadan born in Ely, Dr. Cripps holds a Ph.D. in Biochemistry and a M.A. in Public Administration from the University of Nevada, Reno.

EPA Orders New Jersey Hospital Group to Stop Misuse of Disinfectants

EPA has ordered the Monmouth-Ocean Hospital Corporation (MONOC) to stop applying disinfectants using a fogging system in ambulances.

 This process breaks disinfectants down into micro particles and can potentially make people ill. EPA has reason to believe that some ambulance workers have already become ill as the result of MONOC’s actions. The Agency is taking this action to prevent any further misuse of disinfectants by this company.

“MONOC has been put on notice that what they were doing is not consistent with federal law,” said Judith Enck, EPA Regional Administrator. “A ride to a hospital should not include over exposure to pesticides. EPA has ordered the hospital to stop this practice immediately.”

Prior to asking EPA to take over the case, the New Jersey Department of Environmental Protection (DEP) issued a notice to MONOC informing them that they were in violation of pesticide law. According to information that EPA obtained through inspections and through the corporation itself, MONOC misapplied the disinfectant Zimek QD in ambulances using a fogger about 125 times, and misapplied the disinfectant Sporicidin in a similar manner at least 1 time.

EPA’s order, issued to MONOC on January 4, 2011, directed the company to stop applying any pesticide acquired from the manufacturer of the disinfection system in a manner inconsistent with its labeling. Disinfectants are considered pesticides because they are designed to kill microbiological organisms, known more widely as microbes. EPA registers all pesticides and as part of that process, any product containing pesticides must have an EPA-approved label that contains detailed application instructions.

MONOC is a non-profit company comprised of fifteen hospitals throughout New Jersey. The company operates more than 100 ambulances.

Facilities Across the Southeast Ordered to Stop Discharging and Comply with CWA

EPA issued Administrative Orders (AOs) against seven entities in North Carolina, Tennessee, Kentucky, and South Carolina during the last quarter of 2010 for violations of the CWA.

“Controlling water pollution sources is key to protecting waterways across the Southeast and the health of all people who depend on them,” said Gwendolyn Keyes Fleming, EPA Region 4 Regional Administrator.

Three entities were cited for alleged storm water-related violations of the CWA. Polluted storm water runoff is a leading cause of impairment to the nearly 40% of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. The entities cited and their associated violations include:

• YDV, Inc., for violations at the Compass Pointe Phases 2, 3, and 11 sites in Leland, North Carolina;
• Marion Retail Investments, LLC, for violations at its Grandview Station construction site in Marion, North Carolina; and
• Shelby County Schools, for violations at the Shelby County Administration Building in Arlington, Tennessee.

EPA issued AOs requiring the violators to conduct a variety of remediation activities, including revising and implementing their Construction Pollution Prevention Plans and Erosion and Sedimentation Control Plans; installing and maintaining Best Management Practices; conducting adequate self-inspections; ceasing sediment discharges; and addressing areas where sediment had been discharged.

The City of Oak Ridge, Tennessee, was cited for unauthorized discharges of sewage from the wastewater collection and transmission system. Sanitary sewer overflows (SSOs) like these pose a significant threat to public health and the environment, and remain a leading cause of water quality impairment. SSOs contain raw sewage and have high concentrations of bacteria from fecal contamination, as well as disease-causing pathogens and viruses. Besides being illegal under the CWA, the SSOs also constitute a failure to comply with the requirements of the utility’s National Pollutant Discharge Elimination System permit. EPA issued an AO requiring the utility to address wet weather capacity-related issues in the sewer system. In addition, the order requires the development of management, operation, and maintenance programs.

Licking River Resources, Inc., and Clintwood Elkhorn Mining Company were each cited for unauthorized discharges of wastewater associated with their surface mining and/or coal processing and preparation plants in West Liberty and Phyllis, Kentucky, respectively. The Mullins Branch Preparation Plant in West Liberty discharges wastewater into Mullins Branch, while the Miller’s Creek Mine Plant in Phyllis discharges wastewater into Miller’s Creek. Under the CWA, such discharges require a National Pollutant Discharge Elimination System (NPDES) permit, and EPA has ordered each facility to cease all unpermitted discharges into waters of the United States.

EPA issued an AO for violations of the Concentrated Animal Feeding Operations requirements of the CWA at a dairy operation known as Lee Mayer #1 in Newberry, South Carolina. The order requires the owner, Mayer Farms, Inc., to cease the discharge of pollutants from the facility and come into compliance with the land-application requirements in accordance with its Waste Management Plan and permit. The AO also requires Mayer Farms to provide quarterly sampling reports for its waste, and for its crops and harvest plants to determine nutrient levels.

Congress enacted the CWA in 1972 to protect the nation’s rivers, lakes, and streams, as well as some of the more fragile and vital wetland habitats. The entities cited violated the CWA by failing to meet the requirements of their National Pollutant Discharge Elimination System (NPDES) permits, and subsequently causing point source discharges. Pollutants of concern include nutrients, sediment, oil and grease, chemicals, and metals. When left uncontrolled, water pollution can deplete needed oxygen and/or otherwise result in the destruction of aquatic habitats, as well as the fish and wildlife that depend on them. Water pollution can also contaminate food, drinking water supplies, and recreational waterways, thereby posing a threat to public health.

Air Quality, Tank Violations Cited at Minnesota Beet Sugar Co-Op Plant

Air quality and storage tank environmental rule violations at the Southern Minnesota Beet Sugar Cooperative processing plant near Renville, Minnesota, have resulted in a $50,400 civil penalty from the Minnesota Pollution Control Agency (MPCA).

From 2007 to 2009, the plant recorded 32 violations of air-quality standards for hydrogen sulfide, and at times exceeded the limit on nitrous oxide emissions. Inspectors also found violations of storage tank requirements, including late and missing tank inspections, a malfunctioning corrosion-protection system, paint failure and surface corrosion on steel tanks and piping, unreported leaks and spills of beet juice, and degradation of the concrete secondary containment surrounding acid-storage tanks. In an agreement with the MPCA, the operators have corrected violations and are working on plans and improvements.

The stipulation agreement is one of the tools used to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.

NOAA: 2010 Tied For Warmest Year on Record

According to NOAA scientists, 2010 tied with 2005 as the warmest year of the global surface temperature record, beginning in 1880. This was the 34th consecutive year with global temperatures above the 20th century average. For the contiguous United States alone, the 2010 average annual temperature was above normal, resulting in the 23rd warmest year on record.

This preliminary analysis is prepared by scientists at NOAA’s National Climatic Data Center in Asheville, North Carolina, and is part of the suite of climate services NOAA provides government, business, and community leaders so they can make informed decisions.

Combined global land and ocean annual surface temperatures for 2010 tied with 2005 as the warmest such period on record at 1.12 ?F (0.62 ?C) above the 20th century average. The range of confidence (to the 95% level) associated with the combined surface temperature is +/- 0.13 ?F (+/- 0.07 ?C).

The global land surface temperatures for 2010 were tied for the second warmest on record at 1.73 ?F (0.96 ?C) above the 20th century average. The range of confidence associated with the land surface temperature is +/- 0.20 ?F (+/- 0.11 ?C).

Global ocean surface temperatures for 2010 tied with 2005 as the third warmest on record, at 0.88 ?F (0.49 ?C) above the 20th century average. The range of confidence associated with the ocean surface temperature is +/- 0.11 ?F (+/- 0.06 ?C).

In 2010 there was a dramatic shift in the El Ni?o-Southern Oscillation (ENSO), which influences global temperature and precipitation patterns—when a moderate-to-strong El Ni?o transitioned to La Ni?a conditions by July. At the end of November, La Ni?a was moderate-to-strong.

According to the Global Historical Climatology Network, 2010 was the wettest year on record, in terms of global average precipitation. As with any year, precipitation patterns were highly variable from region to region.

The 2010 Pacific hurricane season had seven named storms and three hurricanes, the fewest on record since the mid-1960s when scientists started using satellite observations. By contrast, the Atlantic season was extremely active, with 19 named storms and 12 hurricanes. The year tied for third- and second-most storms and hurricanes on record, respectively.

The Arctic sea ice extent had a record long growing season, with the annual maximum occurring at the latest date, March 31, since records began in 1979. Despite the shorter-than-normal melting season, the Arctic still reached its third smallest annual sea ice minimum on record behind 2007 and 2008. The Antarctic sea ice extent reached its eighth smallest annual maximum extent in March, while in September, the Antarctic sea ice rapidly expanded to its third largest extent on record.

A negative Arctic Oscillation (AO) in January and February helped usher in very cold Arctic air to much of the Northern Hemisphere. Record cold and major snowstorms with heavy accumulations occurred across much of eastern North America, Europe, and Asia. The February AO index reached -4.266, the largest negative anomaly since records began in 1950.

From mid-June to mid-August, an unusually strong jet stream shifted northward of western Russia while plunging southward into Pakistan. The jet stream remained locked in place for weeks, bringing an unprecedented two-month heat wave to Russia and contributing to devastating floods in Pakistan at the end of July.

In the contiguous United States, 2010 was the 14th consecutive year with an annual temperature above the long-term average. Since 1895, the temperature across the nation has increased at an average rate of approximately 0.12 ?F per decade.

Precipitation across the contiguous United States in 2010 was 1.02 inches (2.59 cm) above the long-term average. Like temperature, precipitation patterns are influenced by climate processes such as ENSO. A persistent storm track brought prolific summer rain to the northern Plains and upper Midwest. Wisconsin had its wettest summer on record, and many surrounding states had much above-normal precipitation. Since the start of records in the U.S. in 1895, precipitation across the United States is increasing at an average rate of approximately 0.18 inches per decade.

The year began with extremely cold winter temperatures and snowfall amounts that broke monthly and seasonal records at many U.S. locations. Seasonal snowfall records fell in several cities, including Washington; Baltimore, Maryland; Philadelphia; Wilmington, Delaware; and Atlantic City, New Jersey. Several NOAA studies established that this winter pattern was made more likely by the combined states of El Ni?o and the Arctic Oscillation.

Twelve states, mainly in the Southeast, but extending northward into New England, experienced a record warm June-August. Several cities broke summer temperature records including New York (Central Park); Philadelphia; Trenton, New Jersey; and Wilmington, Delaware.

Preliminary totals indicate there were 1,302 U.S. tornadoes during 2010. The year will rank among the 10 busiest for tornadoes since records began in 1950. An active storm pattern across the Northern Plains during the summer contributed to a state-record 104 confirmed tornadoes in Minnesota in 2010, making Minnesota the national tornado leader for the first time.

During 2010, substantial precipitation fell in many drought-stricken regions. The U.S. footprint of drought reached its smallest extent during July when less than 8% of the country was experiencing drought conditions. The increased precipitation and eradication of drought limited the acres burned and number of wildfires during 2010. Hawaii had near-record dryness occurring in some areas for most of the year.

Natural Dissolved Organic Matter Plays Dual Role in Cycling of Mercury

Nature has a bit of a Jekyll and Hyde relationship with mercury, but researchers at the Department of Energy’s Oak Ridge National Laboratory have made a discovery that ultimately could help explain the split personality.

While scientists have known that microbes in aquatic environments make methylmercury, a more toxic form of mercury that accumulates in fish, they also know that nature and other types of bacteria can transform methylmercury to less toxic forms. What they haven’t completely understood are the mechanisms that cause these transformations in anoxic environments—lacking in oxygen—in nature.

“Until now, reactions between elemental mercury and dissolved organic matter have rarely been studied in anoxic environments,” said Baohua Gu of the the lab’s Environmental Sciences Division.

In a paper published in the Proceedings of the National Academy of Sciences, a team led by Gu reports that compounds from the decay of organic matter in aquatic settings affect mercury cycling. Low concentrations of these compounds can chemically reduce mercury, but as those concentrations increase, that reaction is greatly inhibited. They performed their experiments by simulating conditions found in nature.

“This study demonstrates that in anoxic sediments and water, organic matter is not only capable of reducing mercury, but also binding to mercury,” said co-author Liyuan Liang. “This binding could make mercury less available to microorganisms for making methylmercury.”

The authors also noted that their paper offers a mechanism that helps explain the seemingly contradictory reports on the interaction of organic matter and mercury in nature.

Gu and Liang hope this newly gained knowledge will play a role in helping to understand how mercury cycles in aquatic and sediment environments and help in informed decision-making for mercury-impacted sites around the nation.

“Our long-term goal is to understand the mechanisms controlling the production of methylmercury in the environment,” Liang said. “This understanding could lead to ways to reduce levels of mercury in fish as this is a global problem of enormous significance.”

Mercury is distributed around the globe mainly through the burning of coal, industrial uses and through natural processes such as volcano eruptions. Various forms of mercury are widely found in sediments and water.

This research benefits from ORNL’s expertise in field-to-laboratory geochemistry and microbiology, computational modeling and simulation, world-class neutron sources and high-performance computing.

Other authors of the paper, “Mercury Reduction and Complexation by Natural Organic Matter in Anoxic Environments,” are Carrie Miller and Wenming Dong of ORNL, and Yongrong Bian and Xin Jiang, visiting scientists from the Chinese Academy of Science.

 

Workshops Offered on New Hampshire Rule Changes for Rock Crushing Plants

The New Hampshire Department of Environmental Services will offer two morning workshops for non-metallic mineral processing plants, commonly known as rock crushing plants or rock crushers.

If you are involved in gravel pit operations or any other type of rock crushing (non-metallic mineral processing plants that grind or crush any non-metallic mineral, such as stone, sand, gravel, clay, rock, salt, and vermiculite), you should attend this workshop to learn about the new rules and how they apply to you and your business. Municipal officials may want to attend this if they have any rock crushing operations in their municipality.

The workshops will cover the newly adopted Env-A 2800 non-metallic mineral processing rules and the NESHAP: Reciprocating Internal Combustion Engines, 40 CFR 63, Subpart ZZZZ.

Workshops will be on Wednesday, January 26, in Concord, New Hampshire, and Tuesday, February 8, in Lincoln, New Hampshire.

 

Recent Bird Deaths Caused by Impact Trauma

Large wildlife die-off events are fairly common, though they should never be ignored, according to the U.S. Geological Survey (USGS) scientists whose preliminary tests showed that the bird deaths in Arkansas on New Year’s Eve and those in Louisiana were caused by impact trauma.

Preliminary findings from the USGS National Wildlife Health Center’s (NWHC) Arkansas bird analyses suggest that the birds died from impact trauma, and these findings are consistent with the Arkansas Game and Fish Commission’s statement. The State concluded that such trauma was probably a result of the birds being startled by loud noises on the night of December 31, arousing them and causing them to fly into objects such as houses or trees. Scientists at the USGS NWHC performed necropsies—the animal version of an autopsy—on the birds and found internal hemorrhaging, while the pesticide tests they conducted were negative. Results from further laboratory tests are expected to be completed in 2–3 weeks.

“Although wildlife die-offs always pose a concern, they are not all that unusual,” said Jonathan Sleeman, director of the USGS NWHC in Madison, Wisconsin, which is completing its analyses of the Arkansas and Louisiana birds. “It’s important to study and understand what happened in order to determine if we can prevent mortality events from happening again.” Sleeman directs a staff of scientists whose primary purpose is to investigate the nation’s wildlife diseases from avian influenza to plague and white-nose syndrome in bats.

In 2010, the USGS NWHC documented eight die-off events of 1,000 or more birds. The causes: starvation, avian cholera, Newcastle disease, and parasites, according to Sleeman. Such records show that, while the causes of death may vary, events like the red-winged blackbird die-off in Beebe, Arkansas, and the smaller one near Baton Rouge, Louisiana, are more common than people may realize.

“The USGS NWHC provides information, technical assistance, research, education, and leadership on national and international wildlife health issues,” Sleeman added.

According to USGS NWHC records, there have been 188 mortality events across the country involving 1,000 birds or more during the past 10 years (2000–2010). In 2009, individual events included one in which 50,000 birds died from avian botulism in Utah; 20,000 from the same disease in Idaho; and 10,000 bird deaths in Washington from a harmful algal bloom.

Mass mortality events occur in other animal populations as well, according to the USGS NWHC. For example, prairie dog colonies in the West can be destroyed by sylvatic plague, which can then kill off the highly endangered black-footed ferret that preys on prairie dogs exclusively. The USGS NWHC is involved with developing vaccines, delivered through bait, which can immunize prairie dogs against plague.

In the 1970’s and 1980’s, most USGS NWHC die-off investigations involved large numbers of waterfowl deaths from avian cholera, avian botulism, and lead poisoning; in the 1990’s, the USGS NWHC was highly involved in investigating the emergence of West Nile virus in North America. In 2008, the USGS NWHC discovered the cause of white-nose syndrome, a fungal disease that has devastated cave hibernating bat species in the Northeastern U.S.

Public reporting of wildlife mortality events is important, and in 2010, the USGS Wildlife Disease Information Node initiated an experimental reporting system to facilitate this.

Criminal Program Reforms Coming Undone

This reversal threatens to spark resumption of the ruinous turnover that has plagued EPA’s Criminal Investigation Division (CID), the unit charged with investigating major pollution and other eco-crimes.

 

 

• A pattern of “personnel abuses, including a workplace of fear, divisiveness, low morale [which] may have resulted in a significant loss of talented staff”;
• Excessive use of disciplinary actions resulted from “unchecked” and “unreasonable management behavior.” The report cited 37 completed or pending disciplinary actions taken among a cadre of only 154 field agents, according to a tabulation of active agents by PEER; and
• CID is split into “two camps… one of HQ managers and SACs [Special Agents-in-Charge] and the other of [field] agents and other staff.”

Not surprisingly, several CID agents have reported their extreme consternation to PEER over end-of year personnel moves, including:

• Becky Barnes, who had been removed as CID Director, returning as Assistant Director for OCEFT, the parent organization, making the move a functional promotion;
• Doug Parker, detailed away from his position as CID Deputy Director, as acting Deputy Director of OCEFT, another functional promotion; and
• Restoration of the human resources attorney responsible for what one agent called a “reign of terror” of disciplinary actions, excruciating evaluation exercises, and internal investigations.

“It appears that a palace counter-revolt snuffed out the promise of reforming EPA’s criminal enforcement program,” stated PEER Executive Director Jeff Ruch, who is attempting to determine ongoing turnover rates within CID and what is being done to increase retention of experienced investigators. “This is not just about a ‘screw-up-and-move-up’ culture inside EPA. Allowing these dysfunctional conditions to fester threatens to cripple our main defense against criminal corporate pollution practices.”

While new agents are needed, steady loss of seasoned agents disrupts complex multi-year investigations while lowering overall efficiency and effectiveness of a unit already plagued by lack of clear investigative focus and management disarray.

“After admitting severe breakdowns in communication and trust, bringing back the same managers who fostered this ‘upstairs-downstairs’ organizational conflict sends precisely the wrong message if EPA wants to keep agents from bailing,” Ruch added. “Taxpayers have a big investment in training these specialized white-collar criminal investigators.”

NIPSCO to Spend $600 Million to Resolve CAA Violations

The proposed settlement covers all of NIPSCO’s coal fired power plants, located in Chesterton, Michigan City, Wheatfield and Gary, Indiana. It will require that NIPSCO spend $9.5 million on environmental mitigation projects and pay a civil penalty of $3.5 million. The state of Indiana has been involved with developing this settlement and is a signatory.

“This settlement will bring substantial reductions in sulfur dioxide, nitrogen oxides, particulate matter and carbon dioxide emissions that will benefit the health and environment of residents across Indiana and the surrounding area,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Under the settlement, NIPSCO will achieve compliance with the Clean Air Act and reduce emissions from its entire coal-fired power plant system. This marks another positive step in our efforts, alongside EPA, to target large sources of air pollution and to bring about system and region-wide improvements to the environment.”

“The pollution reductions achieved in this settlement will ensure that the people of Indiana and neighboring states have cleaner, healthier air to breathe,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to advancing its national enforcement initiative to reduce air pollution from the largest sources of emissions.”

The proposed settlement was lodged in the U.S. District Court for the Northern District of Indiana, and is subject to a 30-day public comment period and final court approval.

Under the proposed settlement, NIPSCO will install pollution control technology at three of its four coal-fired power plants to comply with stringent emission rates and annual tonnage limitations. These actions will result in annual reductions of nitrogen oxide (NOx) emissions by 18,000 tons and sulfur dioxide (SO2) emissions by 46,000 tons. The proposed settlement will also result in significant reductions of particulate matter emissions. The proposed settlement also requires NIPSCO to permanently retire its fourth facility, the Dean H. Mitchell facility in Gary, Indiana. The facility has been out of operation since 2002 and its permanent retirement will ensure the facility does not restart without proper permitting under the CAA.

“The residents of northwest Indiana who are all too familiar with air pollution issues will benefit from this reasonable agreement that will improve air quality and fund local environmental projects including restoration near the Indiana Dunes, a unique area of remarkable ecological diversity. My office and our state and federal colleagues have worked diligently to ensure that the laws are enforced fairly and the public is protected,” said Indiana Attorney General Greg Zoeller, whose office represented the Indiana Department of Environmental Management (IDEM) in the settlement negotiations.

The proposed settlement also requires NIPSCO to spend $9.5 million on projects that will benefit the environment and human health in communities located near the NIPSCO facilities. These projects include a clean diesel retrofit project for public vehicles, a woodstove and outdoor boiler change-out project, and a land restoration project to restore lands adjacent to the Indiana Dunes National Lakeshore.

Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011–2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near NIPSCO facilities, particularly, communities disproportionately impacted by environmental risks and vulnerable populations, including children. In addition, air pollution from power plants can drift significant distances downwind, thereby affecting not only local communities, but also populations in a much broader area.

Draft Rules Would Make Existing Ohio C&DD Landfills More Protective

 This action follows the recent release of draft rules covering new and expanding C&DD facilities.

Under the draft rules, existing C&DD facilities would be required to significantly improve existing ground water monitoring systems so they are capable of detecting any ground water impacts associated with landfill operations. The draft rules also would require a contaminant detection to be assessed and would require the owner or operator of the facility to take necessary corrective action.

The draft rules also would add a first-time requirement for a five-year post-closure care period after closing an existing C&DD facility. During the five-year period, operators would be responsible to continue to care for and monitor ground water at the facility. The operator would also be required to establish sufficient financial assurance to cover the estimated costs of monitoring and care. Post-closure care could be extended beyond five years if necessary.

Furthermore, the draft rules would provide local health departments or Ohio EPA the authority to require a greater amount of financial reserve to close the facility, extending beyond the current $13,000 per acre allowance. This amount has been shown to be inadequate for covering the expense of closing a C&DD landfill.

In 2005, the Ohio General Assembly required Ohio EPA to revise its construction and demolition debris disposal regulations. The Agency published draft regulations in 2006 and received extensive comments from the public. In response to comments received, Ohio EPA conducted a leachate study with results announced in 2009. The study found that leachate from Ohio C&DD landfills pose a threat to public health and the environment if released to ground water or surface water. Based on the results, and the legislative mandate, Ohio EPA has developed and released two separate draft C&DD rule packages for comment.

Comments on the closure, post-closure, and financial assurance draft rules that apply only to existing C&DD facilities can be e-mailed or mailed by February 28, 2011, to Ohio EPA, Division of Solid and Infectious Waste Management, Attn: Michelle Braun, P.O. Box 1049, Columbus, Ohio 43216-1049.

Comments on draft ground water monitoring rules that would provide criteria to determine which existing C&DD landfills would be required to do ground water monitoring are due by April 1, 2011.

The first draft rule package released by Ohio EPA applies only to new and expanding C&DD landfills. In addition, licensing and ground water monitoring rules that affect multiple landfill programs, including C&DD landfills, are currently open for public comment through April 1, 2011.

Current Climate Information Insufficient, Say World’s Financial Institutions

The availability of and access to climate change information remains insufficient, according to many of the world’s leading financial institutions. A recent study confirms the increasing financial relevance of climate change and the fact that insurers and lenders need better information regarding the physical and economic impacts of the world’s changing weather patterns.

More than 60 institutions, from both developed and developing countries, took part in the survey.

Financial service providers and their customers are increasingly affected by the impacts of climate change, such as extreme weather events. Moreover, the survey shows that insurers, reinsurers, lenders, and asset managers expect these kinds of risks to increase in the future.

Given that financial institutions are able to influence their clients and investee companies across all sectors of the economy, they can play a key role in accelerating the implementation of adaptation measures by the private sector.

But in order for the sector to manage climatic risks affecting their business portfolios and to give the best possible a