The data from these sectors will provide a better understanding of where GHGs are coming from and will help EPA and businesses develop effective policies and programs to reduce emissions.
“Gathering this information is the first step toward reducing greenhouse emissions and fostering innovative technologies for the clean energy future,” said EPA Administrator Lisa P. Jackson. “It’s especially important to track potent gases like methane, which traps more than 20 times as much heat as carbon and accelerates climate change. Once we know where we must act, American innovators and entrepreneurs can develop new technologies to protect our atmosphere and fight climate change.”
EPA finalized the first-ever mandatory greenhouse gas reporting requirement in October of 2009. That rule required 31 industry sectors, covering 85% of total U.S. GHG emissions, to track and report their emissions.
In addition to those 31 industries, the agency is now proposing to collect emissions data from the oil and natural gas sector, industries that emit fluorinated gases, and from facilities that inject and store carbon dioxide (CO2) underground for the purposes of geologic sequestration or enhanced oil and gas recovery. Methane is the primary GHG emitted from oil and natural gas systems and is more than 20 times as potent as CO2 at warming the atmosphere, while fluorinated gases are even stronger and can stay in the atmosphere for thousands of years. Data collected from facilities that inject CO2 underground would enable EPA to track the amount of CO2 that is injected and in some cases require a monitoring strategy for detecting potential emissions to the atmosphere.
The data will also allow businesses to track their own emissions, compare them to similar facilities, and identify cost effective ways to reduce their emissions in the future.
EPA is also proposing to require all facilities in the reporting system, including those in this proposal, to provide information on their corporate ownership.
Under these proposals, newly covered sources would begin collecting emissions data on January 1, 2011 with the first annual reports submitted to EPA on March 31, 2012. These proposals will be open for public comment for 60 days after publication in the Federal Register. The agency will also hold public hearings on these proposals on April 19, 2010 in Arlington, Virginia, and April 20, 2010 in Washington, D.C.
2010 California Hazardous Waste Verification Questionnaire and Manifest Fees Assessment
The 2010 Verification Questionnaire (VQ) and Manifest Fees Assessment are scheduled to be mailed mid-June 2010 to approximately 115,000 permanent and temporary EPA ID Number holders. Dedicated telephone lines and staff will be available after the mailing to answer calls regarding the Verification Questionnaire and Fees Assessment. The phone number is 877-454-4012 (toll-free when calling from within California) and 916-255-4439 when calling from outside California.
The Department of Toxic Substances Control (DTSC) expects that the telephone lines will be extremely busy for several weeks after the mailing. In order to assist you in completing these forms, DTSC has compiled answers to common questions about the forms.
Process in Plasma TVs Can Produce Ultra-Clean Fuel
The process that lights up big-screen plasma TV displays is getting a new life in producing ultra-clean fuels, according to a report at the 239th National Meeting of the American Chemical Society (ACS). It described a small, low-tech, inexpensive device called a GlidArc reactor that uses electrically-charged clouds of gas called “plasmas” to produce in three steps super-clean fuels from waste materials. One is a diesel fuel that releases 10 times less air pollution than its notoriously sooty, smelly conventional counterpart.
“Low-tech and low cost are the guiding principles behind the GlidArc reactors,” said Albin Czernichowski, Ph.D., who presented the report. “Almost all the parts could be bought at your local hardware or home supply store. We use common ‘plumber’ piping and connections, for instance, and ordinary home insulation. Instead of sophisticated ceramics, we use the kind of heat-resistant concrete that might go into a home fireplace. You could build one in a few days for about $10,000.”
Czernichowski noted that the reactors, about the size of a refrigerator, are custom designed to clean dirty gases produced by a low-tech gasification of locally available wastes, biomass, or other resources to produce clean mix of carbon monoxide and hydrogen gas to synthesize biofuels. Corn farming regions, for instance, could use corn stover (leaves and stalks left in the field after harvest) as the raw material. In urban areas, waste cooking oil from restaurants could be the raw material. In regions that produce biodiesel fuel, glycerol could be converted into clean fuels. Czernichowski pointed out production of biofuels results in huge amounts of glycerol byproduct—200 pounds for every 2,000 pounds of biodiesel. The glycerol is expensive to refine to the high purity needed for commercial use. GlidArc reactors could transform glycerol into a clean synthesis gas (the carbon monoxide and hydrogen) for production of fuels, he said.
A professor with the University of Orleans, France, Czernichowski realized in 1986 that a branch of science called non-equilibrium cold plasma could be used to produce new transportation fuels that are less polluting than their conventional counterparts as they lack harmful substances found in traditional transportation fuels.
The technology gets it name from the use of a gliding arc of electricity to that produces a plasma inside the reactor. The plasma allows chemical reactions to occur at dramatically reduced temperatures. Gases from heating (pyrolyse or gasification) biomass or glycerol, for instance, become clean and chemically active, and this allows for the transformation of those materials into clean fuels.
“The main advantage of such biobased fuels that the GlidArc Technology can create is that they constitute “drop-in replacements” for fossil Diesel oil, gasoline or kerosene, and no modifications are needed in engines, vehicles and distribution systems,” Czernichowski said. “The biofuels can also be used as additives to various types of engine fuels to improve certain fuel properties. Another important advantage, of course, is their much lower toxicity for mankind and the environment compared to conventional fuels.
Smart Roof Saves Energy in Hot and Cold Climates
Top a building with a light-colored cool roof, and it reflects sunlight, cutting air conditioning bills in summer, but increasing winter heating costs. Choose black shingles, and the roof soaks up sunlight to cut winter heating costs but makes the roof bake in the summer sun. One or the other. You couldn’t have it both ways—until now.
Scientists have reported the development of a smart roof coating, made from waste cooking oil from fast food restaurants, that can read a thermometer. The coating automatically switches roles, reflecting or transmitting solar heat, when the outdoor temperature crosses a preset point that can be tuned to the local climate. They described the coating at the 239th National Meeting of the American Chemical Society (ACS).
Roofs coated with the material would reflect scorching summer sunlight and reduce sticker-shock air-conditioning bills. When chilly weather sets in, the coating would change roles and transmit heat to help warm the interior.
“This is one of the most innovative and practical roofing coating materials developed to date,” said Ben Wen, Ph.D., leader of the research project. He is the vice-president of United Environment & Energy LLC in Horseheads, New York. “This bio-based intelligent roof coating, compared with a traditional cool roof, could reduce both heating and cooling costs as it responds to the external environment. It will help save fuel and electricity and reduce emissions of volatile organic compounds from petroleum-based roofing products. In addition, it will provide a new use for millions of gallons of waste oil after it is used to cook french fries and chicken nuggets.”
Scientists already have evidence that white roofs—roofs that are painted white to reflect solar heat and help cool buildings during peak summer weather—could significantly reduce global warming by lowering fuel consumption. However, white roofs can have a wintertime heating penalty because they reflect solar heat that would help warm the building. So white roofs are a benefit in summer, but a detriment in winter.
The new intelligent coating may sidestep this quandary. Tests on coated asphalt shingles showed that it could reduce roof temperatures by about 50–80% in warm weather. In cooler weather, the coating could increase roof temperatures up to 80% compared with the traditional cool roof. By changing the coating’s composition, Wen and colleagues can tune the substance, so that it changes from reflective to transmitive at a specific environmental temperature.
“Even though the roof temperature is reduced or increased by a few degrees, depending on the outside temperature, this change could make a big difference in your energy bill,” Wen noted. In producing the coating, waste cooking oil is processed into a liquid polymer that hardens into a plastic after application. Unlike raw waste oil, which can smell like French fries or fish, the resulting polymer is virtually odorless. Manufacturers could potentially produce it in any shade, ranging from clear to black, depending on what additives are used, he said. The material is also non-flammable and nontoxic.
Wen cautions against pouring ordinary cooking oil on a roof in an attempt to achieve a similar energy-saving effect. That’s because ordinary cooking oil won’t turn into a polymer, doesn’t contain the key ingredient for controlling infrared light levels, and could well pose a fire hazard for the building.
The coating can be applied to virtually any type of roof. Wen expects that the coating can last many years and can be reapplied when it wears off. If further testing continues to go well, he estimates that the coating could be ready for commercial use in about three years.
Wen’s research is funded by the Department of Energy (DOE). His collaborators in this study include Peng Zhang and Marianne Meyers, also of United Environment & Energy LLC.
New CO2 Scrubber from Ingredient in Hair Conditioners
Relatives of ingredients in hair-conditioning shampoos and fabric softeners show promise as a long-sought material to fight global warming by “scrubbing” carbon dioxide (CO2) out of the flue gases from coal-burning electric power generating stations, scientists reported at the 239th National Meeting of the American Chemical Society (ACS).
Their report, the first on use of these so-called aminosilicones in carbon dioxide capture, concluded that the material has the potential to remove 90% of CO2 from simulated flue gas. The new “scrubber” material may be less expensive and more efficient than current technologies for reducing emissions of carbon dioxide, the main “greenhouse” gas linked to global warming, the scientists say.
Robert Perry, Ph.D., and colleagues pointed out that coal-burning electric power plants are a major source of the carbon dioxide that has been building up in Earth’s atmosphere. An estimated 2.8 billion tons of the gas enters the atmosphere each year from the 8,000 coal-fired power plants in the United States alone. Those are among 50,000 coal-fired generating stations worldwide. Perry cited a critical need for practical technology to remove carbon dioxide from flue gases before it enters the atmosphere. The new scrubber material would meet the goal of the DOE, which funded the research, of developing carbon capture technologies with at least a 90% CO2 capture efficiency.
Ohio EPA Proposes Changes to General Permit Rules for Discharges
The existing 12 rules would be reduced to two. Ohio EPA will accept comments on the proposed changes through March 31, 2010. A public hearing on the proposed rules will be held at 10:30 a.m. on March 31, 2010, at Ohio EPA’s headquarters in conference room C, 50 West Town Street, Suite 700, Columbus.
Three major changes have been proposed. The updated rules explicitly state that sludge coming from point source discharges would be covered by a general permit. If this rule is adopted, a sewage sludge general permit could be developed and issued in the future. The rules also clearly define when a renewal notice of intent and an associated fee would be due. In addition, the deadline for applying to transfer permit coverage from one owner to another would be reduced from 60 to 30 days prior to changing ownership.
General permits are permitting tools used when environmental impacts are minimal, and have a limited application. A one-time public comment period is held at the beginning of the process when the general permit is under development, rather than on a site-specific basis. Issuing a general permit is beneficial because it allows Ohio EPA to focus its resources on reviewing larger projects with greater environmental impact.
Bathing and Showering: Under-Appreciated Sources of Water Pollution from Medicines
That bracing morning shower and soothing bedtime soak in the tub are potentially important but until now unrecognized sources of the hormones, antibiotics, and other pharmaceuticals that pollute the environment, scientists reported at the 239th National Meeting of the American Chemical Society (ACS). The first-ever evaluation they said, could lead to new ways to control environmental pollution from active pharmaceutical ingredients (APIs), which has been the source of growing concern.
“We’ve long assumed that the active ingredients from medications enter the environment primarily as a result of their excretion via urine and feces,” said Dr. Ruhoy. She directs the Institute for Environmental Medicine at Touro University in Henderson, Nevada, and did the research with Christian Daughton, Ph.D., of EPA’s National Exposure Research Laboratory in Las Vegas. “However, for the first time, we have identified potential alternative routes for the entry into the environment by way of bathing, showering, and laundering. These routes may be important for certain APIs found in medications that are applied topically, which means to the skin. They include creams, lotions, ointments, gels, and skin patches.”
Ruhoy and Daughton identified this potential new source of APIs through a comprehensive review of hundreds of scientific studies on the metabolism and use of medications. They focused on APIs in medications that are applied to the skin or excreted from the body via sweat glands. These two sources can result in residues being washed off the body and down bathroom drains. These include steroids (such as cortisone and testosterone), acne medicine, antimicrobials, narcotics, and other substances.
DOE Opens Investigation into Alleged Lighting Efficiency Violations
The U.S. Department of Energy (DOE) announced it had issued subpoenas to three companies who were identified as selling certain torchiere lamps that failed to meet federal energy efficiency standards. Under the subpoenas, Target Corp., Adesso, Inc., and Habitex Corp., are required to submit detailed information about the design of these products and how the companies marketed and sold them in the U.S.
These investigations are part of the ongoing efforts at the DOE and across the Obama Administration to strengthen and enforce federal energy efficiency standards that will save money for consumers and reduce greenhouse gas emissions across the country.
“As part of our expanded energy efficiency enforcement efforts, the Department of Energy will continue to open investigations whenever we have credible information that products are violating federal conservation standards,” said DOE General Counsel Scott Blake Harris. “We are looking forward to receiving the data from these companies and are not prejudging the merits of this particular case.”
A torchiere is a type of electric floor lamp that includes a reflector bowl that directs light upwards rather than downwards. Both Target and Adesso privately label torchieres manufactured by Habitex and sell them to consumers under their own brand names. The companies have 30 days to respond to the subpoena and based on the information they provide, DOE will determine whether these products violate the energy conservation standards for torchiere lamps. Under DOE’s energy efficiency standards, torchieres must not be capable of operating with light bulbs that total more than 190 watts.
Commercial Cooking Elevates Hazardous Pollutants in the Environment
As you stroll down restaurant row and catch the wonderful aroma of food—steaks, burgers, and grilled veggies—keep this in mind: You may be in an air pollution zone. Scientists in Minnesota are reporting that commercial cooking is a surprisingly large source of a range of air pollutants that could pose risks to human health and the environment. They discussed the topic at the 239th National Meeting of the American Chemical Society.
Deborah Gross, Ph.D., pointed out that commercial food cooking is a known source of air pollutants, including gases and tiny solid particles—as is cooking in the home. “While that mouth-watering smell may whet our appetites, it comes from the emission of smoke from the cooking process into the air that we breathe,” Gross said. Research conducted in the U.S. during the past decade has shown that cooking is by far the largest source of respirable particles generated in the home, as well. “Exposure to high concentrations of these particles is common.”
Gross, who is with Carleton College in Northfield, Minnesota, has been working with colleagues Tom Kuehn, Bernard Olson, and Dabrina Dutcher of the University of Minnesota to define the specific contribution that commercial cooking makes to air pollution. The project, also involving Carleton undergraduate student Lisa Wang, already has resulted in two air quality management districts in California implementing restrictions on commercial cooking emissions. They are the South Coast and Bay Area Air Quality Management Districts. Much of the Los Angeles Basin now requires the use of catalytic converters to minimize the release of aerosol particles from charbroiler grates.
Gross and Wang set out to get the chemical signature of the mouth-watering aroma from the cooking process. They used a novel combination of chemical and physical measurements of the aerosol particles—solid and liquid droplets—emitted from food being cooked. They did the study with typical commercial cooking appliances in a kitchen laboratory at the University of Minnesota during cooking of pizzas in an oven, steaks in a broiler, and hamburgers on a griddle, clamshell broiler, and charcoal fire.
Which foods create the most emissions in commercial kitchens? Fatty foods cooked with high heat, especially with open flames, such as cooking hamburger patties on a conveyor broiler. Kuehn’s previous research has found that for every 1,000 lb of hamburger cooked on conveyor broilers, 25 lb of emissions are created. The same weight of pepperoni pizza cooked in an oven created just three pounds of emissions. The use of certain oils also could increase emissions. For 1,000 lb of chicken cooked in a wok with peanut oil, 45 lb of emissions were produced.
“These experiments help us to assess what needs to be replicated in standardized laboratory tests, and to suggest better methods of emission control,” Gross said. “In combination with other measurements, we can provide a relatively comprehensive chemical and physical signature of the emissions from various cooking operations. Not only do these emissions affect air quality, but they contain chemicals that are known carcinogens.”
Central Sandblasting Co. Fined for Alleged Air-Quality Violations
The Minnesota Pollution Control Agency (MPCA) has announced that Central Sandblasting Co., recently paid a $19,500 civil penalty for alleged air-quality violations and has begun taking steps to return the facility to compliance.
The company owns and operates a sandblasting and metal-coating facility in Mounds View, Minnesota. The facility cleans, often by sandblasting, and then paints steel components and equipment. Many parts of the company’s processes generate air emissions and use equipment regulated by state permits.
The alleged violations included failing to obtain a permit before construction and operation of a paint booth, generating emissions that exceeded permitted levels for hazardous air pollutants and volatile organic compounds, failing to submit information about increased facility production, and failing to submit emissions inventory data.
In October 2007, Central Sandblasting began constructing a new paint booth without applying for, or receiving, a required state permit. MPCA staff received the permit application in October 2008 and issued a permit for the existing facility in March 2009. In May 2009, the agency was notified that the company had exceeded permit limits prior to receiving the air emission permit. Emission data submitted since June 2009 indicated the company is still out of compliance with the current permit limits.
The company has since corrected problems, including submitting emission data for facility painting operations that demonstrates compliance with federal hazardous air pollutant emission limits, and submitted the required 2007 and updated 2008 emission inventory reports.
Stipulation agreements are one of the tools the MPCA uses 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.
Minnesota law requires owners and operators of facilities with the potential to release air pollutants to have MPCA permits. They must also carefully monitor and maintain equipment because emissions exceeding state standards can degrade air quality. The MPCA offers outreach and training to help facilities meet their permit requirements. All MPCA staff can also be reached toll-free at 800-657-3864.
Hard Plastics Decompose in Oceans, Releasing Endocrine Disruptor BPA
Scientists have reported widespread global contamination of sea sand and sea water with the endocrine disruptor bisphenol A (BPA) and said that the BPA probably originated from a surprising source: Hard plastic trash discarded in the oceans and the epoxy plastic paint used to seal the hulls of ships.
“We were quite surprised to find that polycarbonate plastic biodegrades in the environment,” said Katsuhiko Saido, Ph.D. He reported on the discovery at the 239th National Meeting of the American Chemical Society (ACS).
Saido and Hideto Sato, Ph.D., and colleagues are with Nihon University, Chiba, Japan. “Polycarbonates are very hard plastics, so hard they are used to make screwdriver handles, shatter-proof eyeglass lenses, and other very durable products. This finding challenges the wide public belief that hard plastics remain unchanged in the environment for decades or centuries. Biodegradation, of course, releases BPA to the environment.”
The team analyzed sand and seawater from more than 200 sites in 20 countries, mainly in Southeast Asia and North America. All contained what Saido described as a”significant” amount of BPA, ranging from 0.01 parts per million (ppm) to 50 ppm. They concluded that polycarbonates and epoxy resin coatings and paints were the main source.
In research reported at the ACS’s August 2009 National Meeting, Saido and colleagues first busted the myth of the everlasting quality of plastics. They revealed that the light, white-foamed plastic commonly known as Styrofoam decomposed rapidly at temperatures commonly found in the oceans. In decomposing, Styrofoam releases potentially toxic substances. In the new report, Saido’s group now has added hard plastics and hard epoxy resins—to the plastics that decompose under conditions commonly found in the oceans. Millions of gallons of epoxy resins are used each year to seal the hulls of ships, protecting them from rust and fouling with barnacles and other deposits.
“When epoxy resin breaks down, it releases BPA, a typical endocrine disruptor,” Saido explained. “This new finding clearly demonstrates the instability of epoxy, and shows that BPA emissions from epoxy do reach the ocean. Recent studies have shown that molluscs, crustaceans and amphibians could be affected by BPA, even in low concentrations.”
He said that waste plastics are finding their way into the environment through littering, and also may be carried by water into the oceans, spreading this pollution widely. Each year as much as 150,000 tons of plastic debris, most notably Styrofoam, wash up on the shores of Japan alone, Saido said. Vast expanses of waste, consisting mainly of plastic, float elsewhere in the oceans. The so-called Great Pacific Garbage Patch between California and Hawaii was twice the size of Texas and mainly plastic waste. Plastics are, in fact, the main source of garbage in marine debris, according to Saido. “This process is expedited by the low temperatures at which plastic degradation can occur, temperatures present in oceans,” he added.
“Marine debris plastic in the ocean will certainly constitute a new global ocean contamination for long into the future,” Saido predicted.
Missouri Opens Access to Millions of Missouri DNR Lab Records
The Missouri Department of Natural Resources (DNR) has completed the first phase of a project that will increase public access to millions of sampling records from its laboratories to the public. In addition to the approximately 2.6 million records dating from 2002 that are now available, new samples from the department’s Environmental Services Program laboratory tests have a target of being posted to the Web within two business days of the samples being released to the program that ordered the tests.
The records now available to the public in LIMS, the Laboratory Information Management System, are from the department’s air, water and solid waste management programs.
“The Web interface will give the public easier access to test results from our lab,” said DNR Director Mark N. Templeton. “This is another window for the public to look in and see how the staff at DNR does its work.”
With the implementation of the first phase, the department is beginning to plan for additional access, working to resolve legal issues to give the public the ability to search through files from the Hazardous Waste Management Program, as well as being able to review third-party samples the agency receives.
As required by law, Records that may be part of criminal or environmental enforcement investigations have been excluded from the online database.
Maine Enacts Law to Encourage Recycling and Reuse of Consumer Products
Governor John E. Baldacci held a State House ceremony to celebrate the signing of LD 1631, “An Act to Provide Leadership Regarding the Responsible Recycling of Consumer Products,” into law. The bill, sponsored by Representative Melissa Walsh Innes (D-Yarmouth) and supported by the Maine State Chamber of Commerce and the Natural Resources Council of Maine, among others, provides incentives to recycle and reuse more consumer products.
“Business, environmental groups and legislators came together to advance this practical approach to addressing the growing, expensive problem of managing consumer product waste, and I commend them for their efforts,” said Governor Baldacci. “This law will not only help Maine people and businesses have safe and convenient ways to recycle these products responsibly, but will also help create opportunities for Maine businesses to collect, recycle and remanufacture old, unwanted products into new ones.”
Specifically, the bill establishes a process to expand product stewardship through Maine Department of Environmental Protection rulemaking. Product stewardship involves the collection of certain products at the end of their intended use by their manufacturers. Maine has established product stewardship for a number of items, including certain electronics and mercury auto switches and mercury thermostats. Such items are more likely to stay out of the waste stream and manufacturers have the incentive through product design to use safer materials that are more likely to be able to be recycled or reused.
The bill sets criteria by which the department will address certain products for stewardship, and the process enables manufacturers and others to provide input.
“This approach builds on Maine’s leadership for existing product stewardship programs for electronic waste and mercury-containing products,” said the Governor. “This law will help identify additional troublesome products for privately-run collection and recycling programs, and will help Maine people and businesses have safe and convenient ways to recycle these products responsibly.”
The bill was signed into law by the Governor on March 17.
EPA R&D Chief: Green Chemistry will Guide US into a Sustainable Future
Scientific advances in a rapidly emerging field termed “green chemistry” offer the brightest promise for guiding the American economy into a new era of sustainability, the EPA’s top R&D official said last week. Paul T. Anastas, Ph.D., assistant administrator for the EPA’s Office of Research and Development, described that future epoch as one in which people use water, air, energy, and other resources in ways that meet current needs without compromising the ability of future generations to meet their needs. Anastas delivered the keynote address at the 239th National Meeting of the American Chemical Society (ACS). More than 1,600 of the 12,000 technical presentations on the ACS’ agenda are devoted to sustainability, which is the central theme of a meeting expected to draw more than 18,000 scientists and others.
“Green chemistry is the chemistry of sustainability and sustainability is our true north,” said Anastas. “Chemists, chemical engineers and our colleagues throughout scientific community can forge the path forward; together their innovation will lead the way.”
Some regard Anastas as the “Father of Green Chemistry,” an approach that strives to incorporate 12 principles into the design, manufacture, and disposal of products throughout the economy. Those principles include prevention of waste, use of safer chemicals and renewable raw materials, and designing products that break down when discarded without persisting in the environment.
“Everybody wins with green chemistry,” said Anastas. “We can have a vibrant economy and a healthier environment because of the use and development of innovative and sustainable technologies.”
Anastas cited significant progress in embracing green chemistry and green engineering, predicted that the pace will increase, and expressed confidence that the economy will become sustainable.
“There’s an amazing amount of this kind of out-of-box thinking going on now,” Anastas said. “These remarkable innovations are moving us closer to the day when green chemistry becomes standard and is recognized for what it truly is: A way to boost profits and increase productivity while protecting the environment and human health.”
Before joining the EPA, Anastas was the Director of the Center for Green Chemistry and Green Engineering, and the inaugural Teresa and H. John Heinz III Professor in the Practice of Chemistry for the Environment at Yale University’s School of Forestry and Environmental Studies. Anastas previously was the founding Director of the ACS Green Chemistry Institute, headquartered at the American Chemical Society in Washington, D.C.
$16,875 Civil Penalty for Deficiencies in Risk Management Plan
H.B. Fuller has agreed to pay a $16,875 civil penalty and correct deficiencies in its risk management plan as part of a settlement with Ohio EPA. The company owns and operates a polymer emulsion glue factory that makes water-based adhesives.
Ohio law requires facilities that have greater than a threshold amount of certain chemicals file a risk management plan with Ohio EPA. The plans outline a program to prevent accidental releases, which includes staff training and handling procedures for working with the chemical as well as describing a worst case scenario. Identifying the worst case scenario in the plan is useful in case of emergency releases. Companies often coordinate plan development with local fire departments and other emergency responders.
A March 26, 2008, inspection determined that H.B. Fuller had seven violations of the rules that govern risk management plans. During discussions that followed, company representatives indicated that the line that required the risk management plan would be shut down and so the facility will not need a plan in the future unless it once again houses regulated materials above the threshold levels.
Plating Company Fined $8,000 for Environmental Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized Valley Plating, Inc., a metal finishing company based in Springfield, $8,000 for violations of Massachusetts’ water pollution control laws.
Prompted by a company-reported acid release to the Springfield sewer system, the violations were discovered as part of MassDEP inspections of the facility conducted on December 11, 2008 and February 5, 2009. The release was attributed to operator error, however, it was determined that the facility had never applied for, or received a permit to discharge to the Springfield sewer system.
Valley Plating has agreed to pay a penalty of $3,000, with the remaining $5,000 suspended pending compliance with the terms and conditions of the consent order issued by MassDEP. Conditions include applying for a permit and providing additional process controls.
“Permits to discharge to a sewer system are required so that municipalities can effectively handle the quality and quantity of various discharges and maintain compliance with their own permit limitations at their treatment facilities,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield.
MassDEP Penalizes Two Companies a Total of $64,200 for Asbestos Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized two local companies a total of $64,200 for asbestos removal and disposal violations at a South Boston site.
MassDEP assessed Trinity Green Development, LLC of Milton a $32,100 fine as a result of numerous asbestos removal and disposal violations found during an inspection at 518 East Sixth Street, South Boston. Trinity owned this former elementary school building, which was being redeveloped into residential units in 2008.
MassDEP also issued a separate $32,100 penalty to Cleanouts Inc., the trash removal company that was found to be responsible for the asbestos violations at the South Boston redevelopment project. Cleanouts Inc., based in South Boston, was issued a unilateral penalty after repeated attempts to negotiate a consent order with the company failed.
As a result of a complaint, MassDEP inspected the property on January 18, 2008, and found an improper demolition operation had commenced with dry, loose asbestos-containing debris scattered throughout the site. The required notification to MassDEP had not been submitted for this asbestos removal, the work area had not been sealed and the asbestos-containing material was improperly disposed.
Paint Booth Air Permit Violations Lead to $25,000 Fine
The facility designs and manufactures large compressors used in the natural gas gathering, pipeline, and gas storage industries. Ariel Corp., has since installed state-of-the-art monitoring equipment to track its coating (paint) usage and better meet record-keeping requirements.
The company owns and operates several emissions units, each of which is considered an air contaminant source. Ohio EPA regulates sources of air pollution to protect public health and safety and the environment.
In 2002, Ohio EPA issued an air permit-to-install for a paint booth emissions unit at the Ariel Corp.’s facility. The permit limited coating use to 10 gallons per day. Following an inspection of the facility and review of the company’s records in 2008, Ohio EPA determined that on multiple occasions, the company exceeded the coating limit in violation of its permit. The company also failed to submit required deviation reports to the Agency and maintain records for emissions of volatile organic compounds (VOCs) released during coating applications. VOCs can contribute to the formation of ground-level ozone.
Ohio EPA issued the company a notice of violation and then pursued an enforcement case to settle the matter. A portion of the company’s civil penalty ($5,000) will go to Ohio EPA’s Clean Diesel School Bus Fund. This fund helps retrofit school buses with pollution control equipment to reduce particulate emissions from their diesel engines and thereby protect the children who ride the buses.
Lead in Bags Leads to Fine for Barnes & Noble
The New Hampshire DES recently announced the execution of an administrative fine by consent with Barnes & Noble Inc., of New York City in the amount of $3,000. The agreement resolves alleged violations of the state’s Toxics in Packaging laws.
Under the terms of the agreement, Barnes & Noble, which operates five retail stores in New Hampshire, agreed to not contest the alleged violations and will pay administrative fines totaling $3,000 to the state. The fines resolve allegations that the company distributed plastic store bags that contained high levels of lead and failed to submit certificates of compliance upon request.
In June and in August 2008, the Toxics in Packaging Clearinghouse, which coordinates implementation of the law on behalf of ten state members, notified Barnes & Noble of the potential violation and requested a certificate of compliance and supporting documentation to prove compliance. State toxics in packaging laws require the submittal of certificates of compliance within 60 days of receiving a request.
DES Commissioner Tom Burack said, “New Hampshire passed the toxics in packaging law in 1990, so this is not a new law. We conduct outreach with nine other states through the Clearinghouse, which provided Barnes & Noble the opportunity to address the problem without enforcement.”
Once contacted by the states of Iowa and Washington in the spring of 2009, Barnes & Noble began removing non-compliant bags from circulation. Payment of the administrative fine followed an administrative order issued to Barnes & Noble by DES in September 2009. The Barnes & Noble response to the administrative order included a statement that the company had removed the non-compliant bags from all of its New Hampshire stores prior to the date of the administrative order.
For more information on this case or on New Hampshire’s toxics in packaging law, contact Sharon Yergeau, DES Planning, Prevention & Assistance Unit, at 603-271-2918.
EPA’s New Vision for Clean, Safe Drinking Water
The aim is to find solutions that meet the health and economic needs of communities across the country more effectively than the current approach. EPA is also announcing a decision to revise the existing drinking water standards for four contaminants that can cause cancer.
“To confront emerging health threats, strained budgets and increased needs—today’s and tomorrow’s drinking water challenges—we must use the law more effectively and promote new technologies,” said EPA Administrator Jackson. “That means fostering innovation that can increase cost-effective protection. It means finding win-win-win solutions for our health our environment and our economy. And it means broad collaboration. To make our drinking water systems work harder, we have to work smarter.”
The new vision is meant to streamline decision-making and expand protection under existing law and promote cost-effective new technologies to meet the needs of rural, urban and other water-stressed communities. Specifically, this shift in drinking water strategy is organized around four key principles:
- Address contaminants as a group rather than one at a time so that enhancement of drinking water protection can be achieved cost-effectively.
- Foster development of new drinking water treatment technologies to address health risks posed by a broad array of contaminants.
- Use the authority of multiple statutes to help protect drinking water.
- Partner with states to share more complete data from monitoring at public water systems.
EPA’s current approach to drinking water protection is focused on a detailed assessment of each individual contaminant of concern and can take many years. This approach not only results in slow progress in addressing unregulated contaminants but also fails to take advantage of strategies for enhancing health protection cost-effectively, including advanced treatment technologies that address several contaminants at once. The outlined vision seeks to use existing authorities to achieve greater protection more quickly and cost-effectively.
While exploring this shift in strategy, EPA continues to look for opportunities to increase protection using traditional approaches. Tetrachloroethylene and trichloroethylene are used in industrial and/or textile processing and can be introduced into drinking water from contaminated ground or surface water sources. Acrylamide and epichlorohydrin are impurities that can be introduced into drinking water during the water treatment process. Within the next year, EPA will initiate rulemaking efforts to revise the tetrachloroethylene and trichloroethylene standards using the strategy’s framework. Revision of epichlorohydrin and acrylamide standards will follow later. As EPA looks at its new approach to addressing groups, the agency will consider whether revisions to these standards fit into that approach.
There are ongoing efforts on 14 other drinking water standards. For example, EPA is considering further revisions to the lead and copper rule in order to better address risks to children. EPA also has ongoing health risk assessments or information gathering for chromium, fluoride, arsenic, and atrazine. EPA continues to consider whether to regulate perchlorate. When these efforts are complete, should additional action be required, EPA will move ahead to address any risks in an expedited manner.
EPA believes it is critical to enhance drinking water protection to address the growing number of contaminants. By pursuing these sets of goals outlined above, EPA seeks to provide more robust public health protection in an open and transparent manner, identify cost and energy efficient treatment technologies and to collaborate more broadly with states, the drinking water industry, public health professionals, technology developers and manufacturers and the public to address this challenge.
Drug and Laboratory Disposal Inc. Fined for Hazardous Waste Violations
EPA Region 5 has reached an agreement with Drug & Laboratory Disposal Inc., Plainwell, Michigan, for alleged violations of RCRA requirements for hazardous waste treatment, storage, and disposal facilities. The company has agreed to pay a penalty of $41,300 to settle the violations.
Drug & Laboratory Disposal failed to comply with the storage time limits, container labeling and dating rules of its operating license. The company also failed to follow hazardous waste container labeling provisions of RCRA.
$38,000 Penalty for Lack of SPCC Plan
Automotive & Industrial Distributors has agreed to pay the EPA a $38,500 penalty for violations of the Clean Water Act requirements related to the prevention of oil spills. The alleged violations occurred at an oil storage and distribution facility operated by A&I, located in Pocatello, Idaho.
According to documents in the case, EPA alleges that A&I violated federal Spill Prevention, Control, and Countermeasures () regulations, as specified under the Clean Water Act. These regulations require that facilities handling or storing a certain volume of oil take specific actions to prepare for and prevent spills. SPCC requirements include having a detailed, written plan to guide the facility on a variety of measures for preventing and responding to petroleum spills.
During an EPA inspection of the A&I facility in September 2008, inspectors observed several violations of these regulations, most notably the failure to prepare and implement an adequate SPCC Plan.
“The SPCC regulations are designed so that control measures are in place before a spill occurs, and companies that handle or store oil need to comply with these regulations,” said Edward Kowalski, EPA Director of the Office of Compliance and Enforcement in Seattle. “Developing plans, installing containment structures and taking other safety measures helps ensure that spills won’t occur, and if they do, they are contained.”
Several storm drains near the facility discharge directly to the Portneuf River, which is a spawning habitat for cutthroat, rainbow, and brown trout. The Portneuf River feeds the Portneuf Aquifer, a source of drinking water.
Foti Contracting to Pay Penalty for Fugitive Emissions
Foti Contracting LLC has agreed to pay Ohio EPA a $10,000 penalty as a settlement for violating Ohio’s air pollution control laws at an Akron construction site.
On at least four occasions in 2008 and 2009, Foti Contracting workers failed to use required control measures to prevent or minimize dust emissions during masonry sawing operations at the University of Akron stadium jobsite. The violations were documented by the Akron Regional Air Quality Management District, Ohio EPA’s contractual representative for administering the air pollution control program in Summit County.
The outdoor operation of masonry sawing equipment can emit fugitive dust and must be controlled with the use of water or other suitable dust suppression chemicals. As part of the settlement, Foti Contracting has agreed to use dust control devices for its masonry sawing equipment used at Ohio construction sites.
The civil penalty includes $4,000 to support state and local air pollution control programs, $4,000 to the Ohio Environmental Education Fund and $2,000 to Ohio EPA’s clean diesel school bus program.
Flooring Contractor Fined for Asbestos NESHAP Violations
According to EPA, Morrison-Clark, Inc., of South Barre violated certain requirements of the Asbestos NESHAP when they performed a flooring removal and replacement job, in July 2008, at the Main Street Middle School in Montpelier. The flooring consisted of vinyl asbestos tile.
As part of the settlement, Morrison-Clark will be prohibited from participating in any future demolition or renovation involving vinyl asbestos tile.
The federal Clean Air Act and the Asbestos NESHAP regulations require owners and operators of renovation operations to follow certain inspection requirements prior to beginning work and, for jobs involving regulated asbestos-containing materials, to abide by specific notification, work practice, and waste disposal requirements.
Schwarzenegger Signs Legislation for Green Tech Manufacturing Equipment Sales Tax Exemption
“California is leading the way with the largest green economy in the nation, creating jobs when they’re needed the most and proving to the world that we can protect our environment and build a stronger economic future at the same time,” said Governor Schwarzenegger. “SB 71 will expand our clean tech industry and bring the green jobs and businesses we need to rebuild California’s economy—we’re sending a clear message to every entrepreneur and innovator that it pays to invest in a clean future for California.”
California leads the world in environmental technology as the home to 10,209 clean-tech companies and home base to the innovative minds and year-round sunshine that power the clean technology industry. SB 71 will allow California to maintain this competitive edge by expanding the range of projects which may be approved for a sales tax exemption to include all clean-tech manufacturers. This targeted sales tax exemption will not cost the state tax dollars; it will increase revenue by expanding the number of clean technology manufacturing companies with sites in California.
SB 71 encompasses legislation originally co-sponsored by the Governor and Treasurer Bill Lockyer and authored by Assembly member Sam Blakeslee (R-San Luis Obispo) in 2009, which would have codified and expanded the existing authority of the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA). Previously, CAEATFA could provide a sales tax exemption for the purchase of new manufacturing equipment for zero-emission vehicles; under SB 71 they will now be able to provide an exemption for all clean-tech manufacturers.
“SB 71 will help us jump-start green technology manufacturing and create good-paying jobs with a future for California,” said Treasurer Bill Lockyer. “I’m committed to implementing the program in a way that not only financially benefits businesses, but also helps preserve vital public services by generating revenues the State and local governments need to balance their budgets.”
EPA Recognizes Partners for Major Waste and Chemical Reductions
The partners are being honored for environmental achievements to prevent and recycle waste, and for specific programs that go beyond current federal standards to reduce greenhouse gases and remove harmful chemicals.
“WasteWise and NPEP members continue to develop economically sustainable ways to reduce, reuse, and recycle waste,” said Matt Hale, director of EPA’s RCRA office. “Last year’s partners reported that 11 million tons of materials that would otherwise be waste were eliminated from the waste stream or were recycled. This provides tremendous benefits to the environment.”
WasteWise inducted two of its members, Kitsap County, Washington, and NEC Electronics America, Inc., of Roseville, California into the WasteWise Hall of Fame for their sustained program performance over the years.
Since its inception in 1994, WasteWise partners have helped prevent and recycle more than 160 million tons of non-hazardous waste. Since 2004, NPEP partners have reduced 18 million pounds of priority chemicals, including lead and mercury.
WasteWise and NPEP are both voluntary programs with a combined total of more than 3,000 members from private and public organizations nationwide.
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Trivia Question of the Week
EPA is studying the impacts of fracking, which is:
a. Fracturing rock with explosives and extracting precious metals with cyanide
b. Injecting water, sand, and chemicals underground to enhance oil or gas production
c. Extracting coal from mountain tops
d. Milling nanoparticles
