According to the Agency, these additional opportunities for public input will ensure that any final standard will be informed by input and feedback from key stakeholders, including the public, industry, and public health communities.
Input through the public comment process already resulted in dramatic cuts in the cost of implementation, while maintaining maximum public health benefits, under the rule announced in February. This process of careful consideration of public comments, and close attention to both costs and benefits, is consistent with the president’s directives with respect to regulation, as set out in executive order 13563, issued on January 18.
Following the April 2010 proposals, the agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. Based on this input, EPA made extensive revisions to the standards, and in December 2010 requested additional time for review to ensure the public’s input was fully addressed. The court only granted EPA 30 days, resulting in the February 2011 final rules. The agency is reconsidering the standards because the public did not have sufficient opportunity to comment on these changes, and, as a result, further public review and feedback is needed.
EPA will accept additional data and information on these standards until July 15, 2011.
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Chemical Waste Management Fined for Hazardous Waste Release
The California Department of Toxic Substances Control (DTSC) ordered Chemical Waste Management (CWM) facility in Kettleman City, to pay $46,000 in penalties for failure to report releases of hazardous waste. The order also requires the facility, which is permitted to dispose of or treat hazardous waste, to fully comply with spill reporting conditions in its hazardous waste permit.
The releases at the CWM facility in Kettleman City were discovered as a result of joint inspections by the DTSC and EPA in 2010. DTSC penalized CWM for violating its hazardous waste facility permit by failing to report the discovery of PCB releases orally and in writing. The permit requires verbal notification within 24 hours, and written notification within 10 days of the discovery of the release. The violations were discovered between February and July 2010.
In October 2010 DTSC issued a Corrective Action Order that required CWM to clean up the PCB contamination. The following month EPA fined the facility $300,000 for failing to properly manage the PCBs. The contamination was contained onsite. DTSC has no evidence to suggest that the spills posed any danger to nearby communities.
Smoke-Related Chemical Discovered in the Atmosphere Could Have Health Implications
Cigarette smoking, forest fires, and woodburning can release a chemical that may be at least partly responsible for human health problems related to smoke exposure, according to a new study by NOAA researchers and their colleagues.
Isocyanic acid has been difficult to detect with conventional measurement techniques.
. “We also demonstrated that it dissolves readily in water, which means that humans can be exposed directly if it gets into eyes or lungs.”
The health effects of such exposure are not fully known. In the body isocyanic acid, described by the chemical formula HNCO, is part of a biochemical pathway linked with cataracts and inflammation that can trigger cardiovascular disease and rheumatoid arthritis. Until now, the acid had not been measured in air outdoors or in tobacco smoke.
. The team also made the first measurements of the acid’s ability to dissolve in water, which determines the chemical’s tendency to dissolve into moist tissues in the body.
“There are literally billions of people in the world who burn biomass for cooking and heating,” Roberts said. “If these indoor fires release similar levels of isocyanic acid as the fires we studied in the laboratory, families could be exposed to high levels of the chemical.”
The research project started in the Missoula Fire Sciences Laboratory, where scientists burned brush, tree branches, and other vegetation, to better understand the air quality effects of wildfires. They used a new, specialized instrument—a mass spectrometer built by Roberts and several colleagues—to measure the amounts of a suite of organic acids, which are emitted by burning vegetation. Such acids are involved in chemistry that can degrade air quality.
During simulated wildfires in the Montana laboratory, levels of HNCO approached 600 parts per billion volume (ppbv). The HNCO was a few thousand times less concentrated in both the air in Los Angeles during a time without recent fires, and in the air in Boulder when the Fourmile Canyon fire was burning upwind.
At about 1 ppbv, the research team calculated that enough HNCO would dissolve into exposed tissues—lungs and eyes—that those tissues could be vulnerable to “carbamylation,” part of the chemical process triggering inflammation and cataract development. People could experience higher exposure to HNCO near wildfires or in indoor environments where coal, wood, or other biomass is burned for heating or cooking. The health effects of chronic exposure to lower-level amounts isocyanic acid, such as those found in the California and Colorado air are not known.
The extreme sensitivity of the new instrument to low concentrations of HNCO made it impossible to quantify the very high levels of isocyanic acid in cigarette smoke.
“We conclude that tobacco-derived HNCO needs to be measured more extensively and potential exposure to it quantified,” the scientists wrote, adding that the acid is not currently listed as a “harmful” or “potentially harmful” constituent in tobacco products or smoke.
In their paper, researchers noted other sources of atmospheric HNCO, including pollution-control equipment that is being introduced in California and Europe to reduce emissions by diesel trucks. The systems are designed to reduce nitrogen oxides, which contribute to air quality problems, but they emit HNCO as a by-product. This new source could increase human exposure to the chemical in urban areas.
Moreover, climate change is expected to bring hotter temperatures and drier conditions to some regions of the world, with accompanying increases in biomass burning, including wildfire. “We may be facing a future of higher amounts of HNCO in the atmosphere,” said Roberts. “It is fortunate that now we can measure it.”
Searchable Website for Drinking Water Violations
The SDWA is designed to safeguard the nation’s drinking water and protect people’s health. SDWA requires states to report drinking water information periodically to EPA.
“Today’s improvements to EPA’s ECHO tool support President Obama’s directive to make it easier for the public to search for and use the information we collect,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Improved access to information about our nation’s drinking water is critical for communities, nonprofit organizations, public water suppliers, regulators and industry that all have a stake in ensuring the water in our communities is safe and healthy to drink.”
The new Safe Drinking Water Act information on EPA’s website provides:
- Users with information about whether their drinking water has exceeded drinking water standards.
- A serious violators report that lists all water suppliers with serious noncompliance.
- EPA’s 2009 National Public Water Systems Compliance Report, which is a national summary of compliance and enforcement at public drinking water systems.
The serious violators list identifies water systems that have had serious noncompliance due to a combination of unresolved violations. The data in ECHO shows that overall, the number of systems identified as serious violators continues to decrease due to lead agencies, in most cases the states, more efficiently addressing serious noncompliance. Currently, approximately 4% of all public water systems are considered serious violators. Through increased oversight and enforcement efforts, EPA will continue to work to reduce the rate of noncompliance and the number of public water systems that are serious violators.
Under the SDWA, water suppliers are required to promptly inform customers if drinking water has been contaminated by something that could cause immediate illness or impact people’s health. If such a violation occurs, the water system will announce the violation and provide information about the potential health effects, steps the system is taking to correct the violation, and the need to use alternative water supplies (such as boiled or bottled water) until the problem is corrected. Systems inform customers about violations of less immediate concern in the first water bill sent after the violation, in a Consumer Confidence Report, or by mail.
EPA’s enforcement goals for clean water include working with states and tribes to ensure clean drinking water for all communities and improving transparency by making facility compliance data available to the public. The release of drinking water violations data in ECHO advances these goals and creates additional incentives for government agencies to improve their reporting of drinking water violations and increase efforts to address those violations.
New Program to Help Eliminate Greenwashing
NSF International, an independent organization is offering two new environmental programs to meet the growing demand for science-based support to verify environmental product claims. NSF can now provide Product Category Rule (PCR) development and Environmental Product Declaration (EPD) verification across multiple product groups and industries.
Based on international environmental management guidelines (ISO 14025), Product Category Rules define how to conduct a life cycle assessment for a particular product group, and what to include in the resulting report. A life cycle assessment measures inputs, outputs, and environmental impacts of a product across its lifespan, from cradle to grave. The Environmental Product Declaration is the third-party-verified report that functions like a nutrition label to explain the data generated from a life cycle assessment.
Adopted by European countries and growing in recognition in the US, PCRs and EPDs provide an international standard of communication to compare and report a product’s environmental impact throughout its entire life cycle. This is a benefit for organizations that manufacture and sell products internationally.
As a leading ANSI-accredited developer of more than 70 American National standards, NSF’s National Center for Sustainability Standards (NCSS), serves as a Program Operator for developing Product Category Rules. The NCSS develops PCRs in a transparent and open process in accordance with internationally-recognized environmental standards.
NSF’s National Center for Sustainability Standards has already begun working with several flooring trade associations on the first North American PCR for resilient, carpet, laminate, tile, and wood flooring products, including:
- Carpet and Rug Institute (CRI)
- National Wood Flooring Association (NWFA)
- North American Laminate Flooring Association (NALFA)
- Resilient Floor Covering Institute (RFCI)
- Tile Council of North America (TCNA)
Both the Resilient Floor Covering Institute (RFCI) and Carpet and Rug Institute (CRI) have a history of collaboration with NSF’s National Center of Sustainability Standards. RFCI participated in the development of the sustainability assessment standard for resilient flooring (NSF/ANSI 332), and CRI on the development of the sustainability assessment standard for carpet (NSF/ANSI 140). Both of these standards utilize life cycle assessments to support certification.
According to Bill Freeman, consultant to the Resilient Floor Covering Institute, “Product Category Rule development provides the necessary foundation for life cycle assessment reporting and Environmental Product Declarations of flooring materials. All three are essential to lend credibility to environmental data and provide our customers with a comprehensive tool to evaluate the environmental impacts of their flooring products.”
“PCRs and EPDs help eliminate greenwashing by providing industries and organizations with a verified, scientific and internationally-accepted method of supporting environmental product claims,” said Jane Wilson, NCSS Director. “Professionals that specify and purchase these products will have verified data to use in analyzing and selecting environmentally preferable products.”
Texas Egg Producer Will Pay $1.9 Million Penalty to Resolve CWA Violations
The Department of Justice and EPA have announced Mahard Egg Farm, Inc., a Texas corporation operating in both Texas and Oklahoma, has agreed to pay a $1.9 million penalty to resolve claims that the company failed to comply with the Clean Water Act (CWA) at its egg production facilities. The civil penalty is the largest ever to be paid in a federal enforcement action involving a concentrated animal feeding operation (CAFO), and is in addition to approximately $3.5 million that Mahard will spend on remedial measures to bring the company into compliance with the law and protect the environment and people’s health.
The CWA complaint, filed jointly with the settlement by the United States and the states of Texas and Oklahoma, alleges that Mahard operated one facility without a permit and discharged pollutants into area waterways. Mahard also allegedly discharged pollutants or otherwise failed to comply with the terms of its permits at six other facilities, including its newest facility near Vernon, Texas where it also failed to comply with the Texas Construction Storm Water General Permit and to ensure safe drinking water for its employees. The states of Texas and Oklahoma also alleged similar violations of state laws.
“This agreement is the result of extensive cooperation between the states of Texas and Oklahoma and the federal government to address multiple violations of the Clean Water Act at Mahard facilities,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division at the Department of Justice. “Ensuring the lawful handling of CAFO wastes will mean cleaner steams and waterways in Texas and Oklahoma, which is important for aquatic habitats, safe drinking water and public recreation.”
“By working with the Department of Justice and our state partners in Texas and Oklahoma, we have reached a significant settlement that reflects the seriousness of Mahard’s violations,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Large animal feeding operations that fail to comply with our nation’s environmental laws threaten public health and the environment and put smaller farming operations at a disadvantage.”
Most egg production facilities generate various wastes, including wet or dry manure from chicken houses, wastewater from the egg-washing process, and compost from chicken carcasses. If done properly, these wastes may be sold or contained on-site in manure storage lagoons prior to being applied to nearby fields. However, the joint complaint alleges that, as a result of Mahard’s historic practice of over-applying waste to its fields, the soils at its facilities are extremely high in nutrients (nitrogen and phosphorus). During and after rainfall, these nutrients are discharged into area streams and waterways. In addition, at several facilities, Mahard abandoned inactive and improperly designed manure lagoons rather than closing them as required by law.
As part of this settlement, Mahard has committed to comprehensive, system-wide changes in order to bring each of its seven CAFO facilities into compliance with applicable state and federal laws, permits and regulations and to restore the lands so as to prevent future discharges to area waterways. The settlement mandates the performance of specific requirements, such as proper lagoon closures, groundwater monitoring, and the construction and maintenance of buffer strips along area waterways within the facility boundaries. It also requires on-going land restoration and management measures, such as restrictions on the land application of manure and on livestock grazing.
Preventing animal waste from contaminating surface and ground waters of the US is one of EPA’s National Enforcement Initiatives for 2011-2013. The initiative continues EPA’s focus on large and medium sized CAFOs that are discharging pollution without or in violation of a permit.
The settlement, lodged in the U.S. District Court for the Northern District of Texas, is subject to a 30-day public comment period and approval by the federal court.
DOE Guide for 50% More Energy Efficient Office Buildings
The 50% AEDG series will provide a practical approach to commercial buildings designed to achieve 50% energy savings compared to the commercial building energy code used in many areas of the country. These commercial building guides support President Obama’s goal to reduce energy use in commercial buildings 20% by 2020 and will help drive demand for energy-saving products made in the US.
Not only will these guides help builders achieve performance beyond the current energy code, but they will also provide recommendations detailing how designers can incorporate available technology to achieve these savings. The guides help architects and engineers choose energy efficient designs for daylighting, building envelope assemblies, and heating and cooling systems, among other technologies. The guides also recommend equipment commonly available from manufacturers and reduce the time and cost burdens otherwise required in order for designers to individually model energy use for specific high performance buildings. The guides will also inform the development of future commercial building energy codes.
The 50% Advanced Energy Design Guide series is being developed through a partnership with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), American Institute of Architects (AIA), U.S. Green Building Council (USGBC), and Illuminating Engineering Society of North America (IESNA). The Small and Medium Office guide is the first installment in the 50% Series, which will address three additional major commercial building types: K-12 Schools, Medium to Big Box Retail Buildings, and Large Hospitals.
The Advanced Energy Design Guide for K-12 School Buildings is the second guide being developed in the 50% series, and is currently open for peer review through Friday, May 13, 2011. This guide is intended to provide user-friendly, ‘how-to’ design guidance and efficiency recommendations for elementary, middle and high school buildings, resulting in facilities that consume 50% less energy than conventional schools.
Chesapeake Energy Fined More Than $1 Million for Water Contamination
Pennsylvania Department of Environmental Protection (DEP) fined Chesapeake Energy $1,088,000 for violations related to natural gas drilling activities. Under a Consent Order and Agreement (COA), Chesapeake will pay DEP $900,000 for contaminating private water supplies in Bradford County, of which $200,000 must be dedicated to DEP’s well-plugging fund. Under a second COA, Chesapeake will pay $188,000 for a February 23 tank fire at its drilling site in Avella, Washington County.
“It is important to me and to this administration that natural gas drillers are stewards of the environment, take very seriously their responsibilities to comply with our regulations, and that their actions do not risk public health and safety or the environment,” DEP Secretary Mike Krancer said. “The water well contamination fine is the largest single penalty DEP has ever assessed against an oil and gas operator, and the Avella tank fire penalty is the highest we could assess under the Oil and Gas Act. Our message to drillers and to the public is clear.”
At various times throughout 2010, DEP investigated private water well complaints from residents of Bradford County’s Tuscarora, Terry, Monroe, Towanda, and Wilmot townships near Chesapeake’s shale drilling operations. DEP determined that because of improper well casing and cementing in shallow zones, natural gas from non-shale shallow gas formations had experienced localized migration into groundwater and contaminated 16 families’ drinking water supplies.
As part of the Bradford County COA, Chesapeake agrees to take multiple measures to prevent future shallow formation gas migration, including creating a plan to be approved by DEP that outlines corrective actions for the wells in question, remediating the contaminated water supplies, installing necessary equipment, and reporting water supply complaints to DEP. The well plugging fund supports DEP’s Oil and Gas program operations and can be used to mitigate historic and recent gas migration problems in cases where the source of the gas cannot be identified.
The Avella action was taken because on February 23, while testing and collecting fluid from wells on a drill site in Avella, Washington County, three condensate separator tanks caught fire, injuring three subcontractors working on-site. DEP conducted an investigation and determined the cause was improper handling and management of condensate, a wet gas only found in certain geologic areas. Under the COA, Chesapeake must submit for approval to the department a Condensate Management Plan for each well site that may produce condensate.
“Natural gas drilling presents a valuable opportunity for Pennsylvania and the nation,” Krancer said. “But, with this opportunity comes responsibilities that we in Pennsylvania expect and insist are met; we have an obligation to enforce our regulations and protect our environment.”
Lydall Filtration/Separation Inc. to Pay $20,000 Environmental Penalty
New Hampshire Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services (DES), announced that the Strafford County Superior Court, (Brown, J.) has approved a settlement between the State and Lydall Filtration / Separation, Inc., located in Rochester, New Hampshire, to resolve a civil enforcement action involving violations of state water pollution control regulations.
In its lawsuit, the State alleged that Lydall Filtration removed sludge from lagoons at its Rochester plant and deposited the sludge and wastewater onto the ground, without a permit from the State. The plant is within 300 feet of the Cocheco River. Lydall Filtration has since removed the sludge and shipped it to an authorized facility. The company is currently in compliance with applicable sludge management regulations.
The settlement imposes a $20,000 civil penalty on Lydall Filtration which will be paid to the State within twenty-one days.
“Keeping New Hampshire’s water quality high is an important part of our environmental protection efforts,” said Attorney General Delaney. “The State’s environmental laws must be followed.”
“It is critically important for businesses to stay in compliance with all applicable environmental rules. I am pleased by the efforts and cooperation shown by Lydall Filtration to resolve this situation in a timely manner,” said Commissioner Burack.
Tips on Summer Cooling to Help Save Money, Reduce Pollution
With summer around the corner, the EPA Energy Star program has issued its annual list of ideas to help the public cut cooling costs, protect their health and stay comfortable at home.
The average home spends almost 20% of its utility bill on cooling. Increased energy production to run cooling systems not only raises costs, it also can contribute to pollution that adversely affects the quality of the air we breathe. Here are seven simple things that can be done to help protect your wallet and the environment:
- Change to More Efficient Light Bulbs. Change out incandescent light bulbs with more energy-efficient lighting choices. Energy Star qualified lighting not only uses less energy, but also produces approximately 75% less heat than incandescent lighting, so cooling bills will be reduced, too.
- Find the Best Thermostat Settings. If you have a programmable thermostat, program it to work around your family’s summer schedule—set it a few degrees higher (such as 78?F) when no one is home, so your cooling system isn’t cooling an empty house.
- Use Ceiling Fans Optimally. Run your ceiling fan to create a cool breeze. If you raise your thermostat by only two degrees and use your ceiling fan, you can lower cooling costs by up to 14%. Remember that ceiling fans cool you, not the room, so when you leave the room make sure to turn off the fan.
- Maximize Shade. Pull the curtains and shades closed before you leave your home to keep the sun’s rays from overheating the interior of your home. If you can, move container trees and plants in front of sun-exposed windows to serve as shade.
- Reduce Oven Time. Use a microwave instead of an oven to cook, when you can. Ovens take longer to cook food and can make your house warmer, requiring your AC system to turn on to keep the house at a comfortable temperature.
- Check Air Conditioner Filters. Check your cooling system’s air filter every month. If the filter looks dirty, change it. A good rule is to change the filter at least every three months. A dirty filter will slow air flow and make the system work harder to keep you cool—wasting energy. Also, remember to have your system serviced annually to ensure it’s running at optimum efficiency for money and energy savings.
- Plug Duct System Leaks. As much as 20% of the air moving through your home’s duct system is lost due to leaks and poor connections. Seal duct work using mastic sealant or metal tape and insulate all the ducts that you can access (such as those in attics, crawlspaces, unfinished basements, and garages). Also, make sure that connections at vents and registers are well-sealed where they meet floors, walls, and ceilings. These are common locations to find leaks and disconnected ductwork.
U.S. Silver Corporation Fined $87,000 for CWA Violations
U.S. Silver Corporation, owner and operator of the Coeur and Galena Mines and Mills near Wallace in Idaho’s Silver Valley, has agreed to pay $87,000 in penalties to settle federal CWA discharge violations.
The agreement, captured in a Consent Agreement and Final Order (CAFO) between EPA and U.S. Silver, resolves the company’s National Pollution Discharge Elimination System permit violations and unpermitted discharges at the mines and mills that occurred from 2008 to 2010.
According to Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle, discharge violations in the Silver Valley are especially troubling.
“The South Fork Coeur d’Alene River and its tributary streams are struggling to recover from a century of mine waste discharge,” Kowalski said. “Companies need to ensure that they are not only meeting their permit obligations, but also investing in their plant and equipment to protect Idaho’s rivers and streams for future generations.”
Officials familiar with the case confirm that U.S. Silver’s violations included unpermitted discharges of mine tailings and exceedances of the NPDES permit’s effluent limits for copper, lead, and mercury.
In addition to paying the $87,000 penalty, U.S. Silver recently made structural improvements to its tailings pipelines to reduce risk of future spills, and encouraged employees to become more vigilant in preventing and reporting accidental spills.
Bipartisan Energy Efficiency Bill Introduced in Senate
“At a time of extremely acrimonious partisanship on Capitol Hill, Sens. Shaheen and Portman have reached bravely across the political divide to help American consumers and businesses that are reeling from rising energy costs,” commented Alliance President Kateri Callahan. She continued, “The Alliance applauds Sens. Shaheen and Portman for their statesmanship in putting our economy, our energy security and our environment ahead of party politics. We urge Congress to follow their important lead by enacting the Energy Savings and Industrial Competitiveness Act of 2011 (ESIC) as quickly as possible.”
Sen. Jeff Bingaman (D-N.M.), chair of the Senate Energy and Natural Resources Committee and an honorary vice-chair on the Alliance’s Board of Directors, stated, “I commend Sen. Shaheen and Sen. Portman for their bipartisan work on effective energy efficiency policies, including updated provisions on the building codes sections and appliance standards first found in the American Clean Energy Leadership Act of 2009. I look forward to working with the senators to schedule a hearing on their bill.”
National Grid an Associate member of the Alliance, has also commended the bill. “National Grid applauds Sens. Shaheen and Portman for their efforts to encourage the use of energy efficiency technologies across all sectors of our economy,” said President Tom King. “We look forward to working with them on their newly introduced bipartisan bill to promote energy efficiency, improve the environment and foster innovative technologies while creating jobs.” National Grid is an international energy delivery company committed to the protection and enhancement of the environment.
The Alliance and many other businesses, advocacy groups and associations worked closely with the senators and their staff on ESIC, which provides energy efficiency financing options for manufacturers, strengthens building energy codes, requires the federal government to improve its energy management, and establishes a wide range of new appliance standards, among its many cost-effective energy efficiency provisions.
By driving job creation and lowering energy demand and costs in the buildings, utilities, appliances, manufacturing/industrial and federal government sectors, the bill would save consumers and businesses tens of billions of dollars, create jobs, and bolster our global competitiveness and energy independence.
The Alliance estimates that American households will spend about $5,700 this year on energy for their homes and vehicles, up nearly 25% over the past two years. These rising costs threaten the fragile economic recovery underway. The Shaheen-Portman bill, if enacted, “can take a big bite out of these costs by cutting energy waste in buildings, in the industrial sectors and in the appliance and equipment we use every day,” the Alliance said.
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