EPA announced final disapproval of the flexible permit program that the Texas Commission on Environmental Quality (TCEQ) had submitted for inclusion in its clean-air implementation plan. EPA has determined that this program does not meet several national Clean Air Act (CAA) requirements that help to assure the protection of health and the environment.
EPA disapproved the permit program after determining that it allows companies to avoid certain federal clean air requirements by lumping emissions from multiple units under a single “cap” rather than setting specific emission limits for individual pollution sources at their plants.
“Today’s action improves our ability to provide the citizens of Texas with the same healthy-air protections that are provided for citizens in all other states under the Clean Air Act,” said Al Armendariz, Regional Administrator. “EPA will continue working closely with Texas, industry, environmental organizations, and community leaders to assure an effective and legal air permitting system.”
The CAA ensures that businesses across the country operate efficiently and cleanly to safeguard public health from harmful levels of air pollution. Under the Act, all states must develop State Implementation Plans (SIP) for meeting federal requirements to protect public health. Those plans must include an air permitting program to set pollution levels for industrial facilities. In 1992, EPA approved Texas’ SIP but since 1994 the state has submitted over 30 regulatory changes to the air pollution permitting part of the plan. This action represents a final EPA decision to disallow one of the most important changes made by Texas for failing to meet the protective measures of the CAA.
In September 2009, EPA proposed to disapprove the state’s flexible permits program and invited public comment. EPA has carefully reviewed comments and decided to finalize its proposed disapproval of the program.
To insure no disruptions for facilities, EPA has reached out to industry, the environmental community and TCEQ to discuss how to convert flexible permits into more detailed permits that comply with the CAA. One tool proposed by EPA is encouraging flexible permit holders to participate in a voluntary compliance audit program. The program will expedite efforts to identify emission limits, operating requirements and monitoring, reporting, and recordkeeping data. Public comment on the proposed audit program closed on July 2, 2010.
On June 16, 2010, the TCEQ approved proposed revisions to the state’s flexible permit rules. The public comment period on the rules package opens on July 2, 2010 and runs through August 2, 2010. The state must then finalize its proposal and submit it to EPA for review. EPA will examine the new rules when submitted but believes that public health and federal law require disapproval of the existing program without further delay.
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EPA Issues Revisions to NESHAPS for Reciprocating Internal Combustion Engines (RICE)
EPA published in the Federal Register on March 3, 2010, a document amending the national emission standards for hazardous air pollutants (NESHAPS) for existing stationary compression ignition reciprocating internal combustion engines (RICE). The amendments inadvertently removed paragraphs from the regulation. This correction is effective on June 30, 2010.
Online Permit Application Submission Program Launched in Louisiana
The Louisiana Department of Environmental Quality (DEQ) launched an internet application which allows oil and gas operators to submit their permit applications for specific water discharge permits online. The application is for the Oil and Gas Exploration, Development, and Production Facilities inside the state, also known as an LAG330000. LAG330000 gives oil and gas facilities that are operating inland of the territorial seas on any waters of the state strict parameters for discharge of certain types of water. The web-based application process is for any oil and gas operators who require general permit authorization and allows them to bypass the initial paper submittal process.
This water discharge permit covers deck drainage, treated sanitary wastewater, and other common discharges from oil and gas facilities into the waters of the state. The online application has undergone several months of testing to ensure all environmental regulations are met and that the environment and stakeholders will benefit.
By allowing operators to submit their data online, the process is expected to reduce DEQ’s time and resources used during the paper submittal process by making it more efficient, while still being protective of human health and the environment. Upon submission of the necessary information, the applicant’s data is automatically inserted into the permit database for review, thereby reducing some steps in the permit writer’s initial permit setup procedures.
“This function will enable the public to initiate general permit applications in a more expeditious and comprehensive manner,” said Cheryl Nolan, DEQ Assistant Secretary. “As this program gets underway, we will evaluate its practical capabilities and hopefully explore an expansion of the online service across other types of permits, such as wastewater treatment, solid waste and air. By moving to an online application process, DEQ is becoming more efficient. Businesses that need the general permit can begin the application process electronically and the department can allocate its resources to better address the state’s permitting needs.”
Prior to initiating the online application process, the applicant must apply for and receive an Agency Interest (AI) number if one has not been assigned to the facility. Once an AI number has been assigned to the facility, the applicant may begin entering the required data online and bypass the paper submission process.
Currently, the online application submission program only applies to the LAG330000 General Permits.
Man Arrested for Faking PE Certification on Hazardous Waste Certification
Nathan Redwine was re-arrested by the Louisiana DEQ Criminal Investigation Division investigators for allegedly misrepresenting himself as a Professional Engineer on public documents submitted to DEQ. DEQ-CID was assisted by the U.S. EPA Criminal Investigation Division.
Redwine is alleged to have falsely represented himself as a Professional Engineer when Hazardous Waste drip pad inspection certifications were submitted to the Louisiana DEQ. These certifications were sealed with a signature certifying Redwine as a Professional Engineer. According to the Louisiana Professional Engineering and Land Surveying Board, Redwine is not a Professional Engineer. The seal contained a registration number belonging to a professional engineer residing in Texas.
Under the Hazardous Waste regulations, owners or operators of wood treating facilities that use new or existing drip pads, must conduct annual assessments and submit the results of these assessments to DEQ. These assessments must be reviewed and certified by a professional engineer.
An investigation by DEQ-CID and EPA CID investigators shows that Redwine allegedly signed three drip pad assessments with a false professional engineer certification.
“Submitting false public documents is a serious offense,” said Jeffrey Nolan, Director of DEQ’s Criminal Investigation Division. “The professional engineer certification is a major requirement of these drip pad assessments which are intended to protect the health and safety of the citizens of Louisiana.”
As a result of a prior investigation by DEQ-CID, Redwine has been charged with three counts of Filing False Public Records by the East Baton Rouge Parish District Attorney’s Office and is awaiting trial.
Filing false public records containing a forgery, wrongful document alteration or false statement, or false representation of material fact, is illegal under the Louisiana Revised Statute. A conviction in the crime of filing false public records can result in imprisonment for not more than five years with or without hard labor, or a fine of not more than $5 thousand, or both.
NOAA Models Long-Term Oil Threat to Gulf and East Coast Shoreline
NOAA has used modeling of historical wind and ocean currents to project the likelihood that surface oil from the Deepwater Horizon/BP oil spill will impact additional U.S. coastline. This modeling, part of NOAA’s comprehensive response to the unprecedented Gulf oil disaster, can help guide the ongoing preparedness, response, and cleanup efforts.
“This NOAA model shows where oil may be likely to travel, thereby giving coastal states and communities information about potential threats of shoreline impacts. This kind of information should assist in the preparation of adequate preparedness measures,” said Jane Lubchenco, Ph.D., under secretary of commerce for oceans and atmosphere and NOAA administrator. “NOAA is strongly committed to providing reliable information to the public and to responders at all levels.”
Each assumes a 90-day oil flow rate of 33,000 barrels per day—the net amount from the flow rate ceiling of 60,000 barrels per day (the lower bound is 35,000 barrels/day) minus the daily estimated amount being skimmed, burned, and/or collected by the Top Hat mechanism. The model also accounts for the natural process of oil “weathering” or breaking down, and considers oil a threat to the shoreline if there is enough to cause a dull sheen within 20 miles of the coast. If, for example, 250 of the 500 scenarios indicated a shoreline threat for a particular area, the overall threat for that area would be a 50% probability.
Considering these factors, the NOAA model indicates:
- Along U.S. Gulf of Mexico shorelines, the oil is more likely to move east than west, with much of the coast of Texas showing a relatively low probability of oiling (ranging from less than 1% in southern Texas to up to 40% near the Louisiana border).
- Much of the west coast of Florida has a low probability (20% down to less than 1%) of oiling, but the Florida Keys, Miami, and Fort Lauderdale areas have a greater probability (61–80%) due to the potential influence of the Loop Current. Any oil reaching this area would have spent considerable time degrading and dispersing and would be in the form of scattered tar balls and not a large surface slick of oil.
- There is a low probability of shoreline impacts from eastern central Florida up the Eastern Seaboard (20% diminishing to less than 1%). Potential impacts become increasingly unlikely north of North Carolina as the Gulf Stream moves away from the continental U.S. at Cape Hatteras. If oil does reach these areas, it will be in the form of tar balls or highly weathered oil.
The threat outlined in the model does not necessarily indicate that oil will come ashore. Whether or not oil comes ashore will depend upon wind and ocean currents at the time. In addition to these and other natural factors, booms and other countermeasures could be used to mitigate the actual coastal contact.
The modeling results are based on several simplifying assumptions. In particular, they do not start with the current footprint of the spill, but rather model the spill beginning at day one, based on historical weather and current patterns. Also, the analysis does not adjust for effects of dispersants on the volume, weathering, and movement of oil on the water’s surface. To date, no significant amount of oil has entered the Loop Current.
NOAA will continue to closely monitor the movement of the oil slick and develop daily 72-hour forecast projections. NOAA will also produce updated models of the long-term outlook as new data are gathered.
Updated scenarios and more information about the model can be found at:
IEPA Seals Pioneer Asphalt Site for Serious Soil and Water Pollution
Illinois EPA Director Doug Scott has signed an order sealing the Pioneer Asphalt Corporation, in Lawrenceville, due to conditions at the site that create a substantial danger to human health and the environment. The Seal Order restricts public access to the site, and prohibits entry by anyone except specified personnel in the performance of their duties. Those entering the site must also comply with applicable OSHA regulations.
In addition, Director Scott has asked the Illinois Attorney General’s office to proceed with enforcement action against the facility, which is located at 802 Ash Street, Lawrenceville, in an industrial area near the former Indian Refinery.
Illinois EPA inspections have revealed approximately 250 drums of various types of solid and liquid chemicals; most of the drums were unlabeled. The drums were exposed to the elements and many had already ruptured. The inspectors also found tanks that had been cut, releasing various tar-like materials into the environment. During rainfalls, contamination from these materials flow from the facility toward off-site properties, and groundwater resources are put at risk. Suspected asbestos containing materials were also found.
The Illinois EPA believes that current site conditions require immediate action, including but not limited to removal of abandoned product, wastes, and all soils contaminated by the many releases.
While ownership records continue to be explored, Pioneer Asphalt appears to be affiliated with Ziegler Chemical and Mineral Corporation, serving as Ziegler’s asphalt supplier in the mid-west. The Lawrenceville plant closed in 2004.
The Illinois EPA will continue to provide technical and other support, as needed and as other information is revealed, to the Attorney General. The Seal Order will remain in effect until rescinded by Director Scott.
Ohio Revisions to Air Pollution Permit-by-Rule Provisions
Ohio EPA has proposed rule changes regarding how some low-emitting air pollution sources are regulated. A public hearing on these proposed changes will be held Friday, July 16, 2010, at 10:30 a.m., Ohio EPA Lazarus Government Center, room 6B, 50 West Town Street, Suite 700, Columbus.
Permit-by-rule allows Ohio EPA to regulate facilities through rules rather than permits. The rules are industry-sector specific and include qualifying criteria and all requirements that would normally be detailed in a site-specific permit. If a company qualifies for a particular permit-by-rule, it must apply and comply with all requirements in the rule to eliminate the need for an individual permit.
Ohio EPA is proposing to amend two specific rule categories to reach two objectives:
- Simplify the permitting process for small or mid-size printing businesses in the Cleveland-Akron-Lorain ozone attainment area while continuing to comply with federal air pollution control requirements; and
- Allow the owners or operators of emergency generators to utilize qualifying engines in regional and local emergency response events as part of good energy management practice.
Neither change imposes any additional requirements on affected facilities.
Permit-by-rule provisions exist in Ohio’s rules for specific operation categories including emergency electric generators, plastic molding facilities, crushing operations, soil vapor remediation and soil liquid remediation, auto body refinishing, two types of gasoline dispensing facilities, natural gas-fired boiler/heaters, small size printing and mid-size printing facilities.
Written comments should be submitted by close of business July 16. Written statements submitted after that date may be considered as time and circumstances permit, but will not be a part of the official public record of the hearing.
Questions or comments also can be mailed to Jennifer at: Ohio EPA, Division of Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216- 1049.
Cemen Tech to Pay $59,775 Civil Penalty for Hazardous Waste Violations
Cemen Tech, Inc., a manufacturer of concrete mixing equipment, has agreed to pay a $59,775 civil penalty to the United States to settle a series of alleged violations of federal hazardous waste laws at its facility in Indianola, Iowa.
EPA Region 7 conducted inspections of Cemen Tech’s facility at 1700 N. 14th Street in Indianola in 2007 and 2009, according to an administrative consent agreement and final order filed in Kansas City, Kansas.
The inspections noted a series of violations of federal RCRA, which regulates the proper storage, handling, and management of hazardous wastes. Those alleged violations included Cemen Tech’s failure to perform hazardous waste determinations, operating as a hazardous waste treatment, storage, or disposal facility without a permit; improper management of used oil, and improper shipping manifests for the transport of hazardous wastes.
In the course of its business as a manufacturer of concrete mixing equipment, Cemen Tech conducts metal fabrication, parts machining, welding, cleaning, painting, and maintenance. Through that work, the company generates a variety of hazardous wastes, including paint and solvent wastes, used oil, and used fluorescent and mercury vapor lamps.
“Industries that fail to properly manage their hazardous wastes can pose serious risks to the health and safety of their employees because improper disposal of those wastes can cause serious harm to the environment,” EPA Regional Administrator Karl Brooks said. “EPA enforces the RCRA to make sure our communities are safe and our natural resources are protected against pollution.”
As part of the settlement, Cemen Tech has agreed to conduct and document hazardous waste determinations for various wastes at its facility. It has also agreed to document that it has properly addressed issues with spilled paint hazards and hazardous waste storage containers at its facility, and that it will make quarterly reports to EPA for one year to demonstrate its compliance with RCRA.
Alaskan Seafood Processor Fined $135,000 for Clean Water Act Violations
Highland Light Seafoods, LLC, an Alaskan seafood processor headquartered in Seattle, has agreed to pay a $135,000 penalty to settle federal Clean Water Act (CWA) violations, according to an EPA order.
Based on an inspection in December 2008, EPA found that the Highland Light Seafoods’ 160 foot catcher-processor vessel, Westward Wind, was not in compliance with its NPDES Permit while operating in Alaskan waters. Highland Light Seafoods had the following NPDES violations:
- Over the past five years, the company failed to maintain records documenting visual monitoring of the effluent grind size and waste conveyance systems.
- During 2004 and 2005, the company failed to maintain records documenting visual monitoring of the shoreline and sea surface.
- In 2005, the company violated its NPDES permit when the Westward Wind discharged to Nazan Bay.
In 2006, the Westward Wind discharged near the Pribilof Islands without an authorized NPDES permit. On numerous occasions, the Westward Wind discharged seafood waste in quantities greater than the company specified in its application, and the company failed to update its application after it made significant changes in its operation.
According to Kim Ogle, NPDES Compliance Manager, the penalty amount was driven by the lack of demonstration that the crew of the Westward Wind was monitoring its operation for the last five years.
“Monitoring is a cornerstone of the NPDES Program and provides real time input for the company on the effectiveness of its operations,” said EPA’s Ogle. “Using monitoring to improve operations is an important step in reducing the effects of discharges on the environment.”
EPA Voids Certificates Approving Import of Up to 200,000 Small Recreational Vehicles
EPA withdrew its approval of the import and sale of up to 200,000 gas-powered off-road motorcycles and all-terrain vehicles. The agency suspects that tailpipe emissions information was either incomplete or falsified. This is the first time EPA has voided certificates of conformity for these types of vehicles and only the second time the agency has done so for any type of vehicle. EPA is considering an enforcement action under the CAA, which could lead to significant financial penalties against the businesses that manufactured or imported these types of recreational vehicles.
As a result of a lengthy investigation, EPA is alleging that the applications for the certificates contained false or incomplete information. EPA issued the certificates in 2006 and 2007 to the U.S. counterparts of four of China’s largest manufacturers of these types of vehicles: Hensim USA (City of Industry, California), Loncin USA (Hayward, California), Peace Industry Group (Norcross, Georgia), and Seaseng (Pomona, California). The certificates were issued based on applications compiled by their consultant, MotorScience Enterprise. EPA believes MotorScience Enterprise intentionally submitted false or incomplete emissions information.
The Chinese manufacturers are Chongqing Hensim Group Co., Chongqing Longting Power Equipment Co., Zhejiang Peace Industry and Trade Co., and Zhejiang Chisheng Industry and Trading Co.
All vehicles imported or manufactured in the United States are required to have certificates of conformity, which are issued by EPA. To obtain a certificate, a manufacturer or importer must submit an application that describes the vehicle and its emission control system, and provide emissions data that demonstrates that the vehicle will meet federal emission standards for certain pollutants, including nitrogen oxides (NOx) and total hydrocarbons. EPA alleges that this information was falsified.
Without proper emission controls, recreational vehicles can emit substantially more pollution than allowable under EPA standards.
Volatile organic compounds and NOx emissions contribute to the formation of ground-level ozone, or smog. In addition, exposure to even low levels of ozone can cause respiratory problems, and repeated exposure can aggravate pre-existing respiratory diseases.
The California Air Resources Board, which issued executive orders similar to EPA’s certificates of conformity, has also voided its executive orders covering the same vehicles that were sold in California.
The action impacts the companies that manufactured and imported these vehicles. A consumer who owns a model that was covered by these voided certificates is not responsible for these companies’ wrongdoing and can continue to use the vehicle.
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Trivia Question of the Week
What is UNITAR?
a. United Nations Institute for Training and Research
b. Level-B impervious suit, made of non-woven fabric, being made popular at the Deepwater Horizon spill clean-up
c. Crude oil separated from salt water in oil water separators
d. U.S. Testing and Assessment Research Commission