EPA Extends SPCC Rule for Some Facilities - Again

 However, some facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010.

Last year, EPA amended the SPCC rule to strengthen certain provisions. Regulated facilities are required to amend and implement these changes as part of their overall SPCC plans. The purpose of the SPCC rule, which was finalized in 1973, is to establish requirements for facilities to prevent a discharge of oil into navigable waters or adjoining shorelines.

Types of facilities not eligible for the extension who must comply by November 10, 2010 include: drilling, production or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit facility response plans (FRPs), due to the threats these facilities could pose of significant oil spills to navigable waters or adjoining shorelines.

Types of facilities eligible for the one year extension include: onshore oil production, farms, electric utility plants, petroleum refining and related industries, chemical manufacturing, food manufacturing, manufacturing facilities using and storing animal fats and vegetable oils, metal and other manufacturing, real estate rental and leasing, retail trade, contract construction, wholesale trade, other commercial, transportation, arts entertainment & recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals & other health care, accommodation and food services, fuel oil dealers, gasoline stations, information finance and insurance, mining, warehousing and storage, religious organizations, military installations, and government facilities.

In summary, the rule would:

• Extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan by one year to November 10, 2011.
• Delay the compliance date by which facilities must address milk and milk product containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO until one year after EPA finalizes a rule for these facilities.
• Maintain the current November 10, 2010 compliance date for drilling, production, and workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit FRPs.
• Reconcile the compliance dates for new production facilities.

These amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations in effect at that time.

Advertising Opportunities Available

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

FAA Issues Warning on Lithium Batteries

Last week, the FAA alerted air carriers of the results of new research on the risks associated with transporting lithium batteries as cargo on aircraft and recommended actions air carriers can take to reduce those risks.

The research also indicates that Halon 1301, the suppression agent found in Class C cargo compartments, is ineffective in suppressing lithium metal battery fires.

The SAFO includes recommended procedures air carriers can institute when transporting lithium batteries.

Transport Rule to Address 2010 Ozone Standards

On January 19, 2010, EPA proposed revisions to the ozone standards. If finalized, the new ozone standards would trigger a requirement for states to address any emissions that significantly contribute to downwind attainment and maintenance problems associated with the revised standards.

States are required by the CAA to prohibit emissions that significantly contribute to nonattainment of the revised ozone standard in other states, and to prohibit emissions that interfere with other states’ ability to maintain the revised ozone standard. In this rulemaking, EPA plans to evaluate the extent to which upwind states’ emissions of nitrogen oxides contribute to downwind states’ ability to attain and maintain the new ozone standard. EPA will also analyze numerous factors including control costs and the air quality improvements associated with those control costs to identify the portion, if any, of individual states’ contributions that must be prohibited.

Electroplater Awarded for Greener Process

The California Department of Toxic Substances Control (DTSC) honored Valley Chrome Plating and its president Ray Lucas for taking steps to significantly prevent pollution and leading the industry in greening their business. Valley Chrome, which joined DTSC’s Metal Finishing Model Shop program in 2008 implemented a cleaner, greener way to manufacture truck bumpers and truck accessories.

During the past two years, DTSC experts helped Valley Chrome make its business more environmentally friendly and reduce pollution. This resulted in eliminating about 3,000 lb per year of potential lead waste that could have ended up in landfills, and eliminating 6,000 lb per year of hexavalent chrome waste, resulting in a safer, less-toxic manufacturing process.

Electroplater Faces Fine for Hazardous Waste Violations

EPA has proposed a penalty of $54,397 against a metal finishing and electroplating facility in Saco, Maine, for five counts of violating state and federal hazardous waste laws.

The complaint filed last month grew out of a January inspection of the facility by EPA.

US Ecology to Pay Nearly $500,000 for Hazardous Waste Violations

EPA fined US Ecology $497,982 for 18 counts of hazardous waste violations. The company operates a commercial hazardous waste treatment, storage, and disposal facility in Nye County, Nevada.

EPA inspectors found numerous violations at a hazardous waste unit designed to thermally treat contaminated materials, like soils, to remove the hazardous components. On two occasions, US Ecology reports showed that the unit was “smoking,” releasing hazardous components to the air. The treatment unit has been permanently shut down by US Ecology.

“We impose strict environmental controls to make sure hazardous waste is actually treated and not simply released into the air,” said Jared Blumenfeld, the EPA’s Regional Administrator for the Pacific Southwest. “Our goal is to safeguard worker health and nearby communities, so it’s imperative for facilities like US Ecology to properly manage their waste.”

In addition, EPA inspectors found PCBs were improperly labeled, stored, and handled. EPA sampling results detected PCBs at elevated levels both in and outside the PCB storage building (43,500 ppm and 900 ppm, respectively). Inspectors determined that between 2006 and 2008 six spills, leaks, or other uncontrolled PCB discharges occurred and were not reported as required by law.

The EPA’s Resource Conservation and Recovery Act (RCRA) program oversees the safe management and disposal of hazardous waste. Concerns about human health and the extensive presence and lengthy persistence of PCBs in the environment led Congress to enact the Toxic Substances Control Act (TSCA) in 1976.

Residential Lead Dust Hazard Standards

On August 10, 2009, EPA was petitioned under the Administrative Procedures Act (APA) to lower the residential lead dust hazard standards. Pursuant to section 403 of TSCA, EPA promulgate regulations on January 5, 2001 to establish standards for lead-based paint hazards in most pre-1978 housing and child-occupied facilities. Under these standards, lead is considered a hazard when equal to or exceeding 40 micrograms of lead in dust per square foot on floors, 250 micrograms of lead in dust per square foot on interior window sills, and 400 parts per million (ppm) of lead in bare soil in children’s play areas or 1200 ppm average for bare soil in the rest of the yard.

These standards provide a regulatory threshold and it is important to note that given the potential dangers related to lead poisoning, any exposure to deteriorated lead-based paint presents a hazard. In addition to this citizen’s petition, the Clean Air Science Advisory Committee (CASAC) has advised EPA that based on recent epidemiological studies, the current hazard standards are insufficiently protective. Therefore, based on the APA petition and CASAC recommendation, EPA will be analyzing current science to determine if new regulatory standards are required under TSCA section 403. A proposed rule could be published within the next 12 months. 

Proposed Updates to Rule that Regulates Industrial Sources of Air Pollution in Washington

The Washington Department of Ecology (Ecology) is inviting comment on updates to the state’s rule that regulates air pollution from new or modified industrial sources.

Chapter 173-400 of the Washington Administrative Code (WAC) regulates criteria pollutants and toxic air pollutants. The federal government sets health-based standards for criteria pollutants, such as fine particles, ozone, and sulfur dioxide. Examples of toxic air pollutants include benzene from gasoline and heavy metals.

The rule affects a broad range of industries and facilities. Ecology proposes changes to:

• Develop New Source Review rules for sources in nonattainment areas
• Make needed corrections to the state’s plan for meeting air quality standards
• Make some needed “housekeeping” changes

These proposed changes will:

• Bring the rule into compliance with federal regulations. They include standards for excess emissions and major stationary sources located in a nonattainment area.
• Set a new exemption level for greenhouse gas emissions. Below that level, emitters won’t be required to have a permit.
• Establish new permitting procedures for backup power sources (e.g., diesel-fueled generators), nonroad engines, and relocation of portable sources.

The comment period is open and continues through November 12, 2010. Ecology will hold a public hearing at 6 p.m. on November 9 at the agency’s headquarters, 300 Desmond Drive SE, Lacey. The public also can take part in the hearing via video conference at Ecology’s Spokane office at 4601 N. Monroe St.

Comments can also be mailed to Linda Whitcher, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600. The agency expects to adopt the revised rule in January 2011.

EPA to Reconsider Portions of RICE NESHAP

On March 3, 2010, EPA issued a final rule establishing standards for national emissions of hazardous air pollutants (NESHAP) from existing reciprocating internal combustion engines (RICE) that are stationary diesel engines located at major and area sources. The final rule revised the requirements for emergency stationary engines to allow operation for up to 15 hours per year in emergency demand response, if needed to maintain stability in the grid, as determined by the regional transmission organization. EPA has received two petitions to reconsider this decision to allow 15 hours of operation for emergency demand response for emergency stationary engines.

EPA plans to issue a Federal Register notice announcing the Agency’s decision to grant reconsideration and soliciting information and public comments on the emergency demand response issue. 

NPDES Application and Program Updates Rule

EPA is planning to update elements of the existing National Pollutant Discharge Elimination System (NPDES) in order to better harmonize regulations and application forms, improve permit documentation and transparency, and provide clarifications to the existing regulations.

This effort will deal with any legacy application, permitting, monitoring, and reporting requirements that have become obsolete or outdated due to programmatic and technical changes that have occurred over the past 20 years. Specifically, the focus will be on revising the NPDES permit application forms to specifically include all final agency data standards, improve the consistency between the application forms, update the applications to better reflect current program practices, and specifically incorporate new program areas into the forms (e.g., Clean Water Act section 316(b) requirements for cooling water intake structures). This endeavor will also deal with other program elements including permit documentation procedures to improve the quality and transparency of permit development.

Short-Chained Chlorinated Paraffins (SCCPs); Significant New Use Rule (SNUR)

EPA intends to designate any new manufacture or import of Short-chained Chlorinated Paraffins (SCCPs) as a significant new use under section 5 of TSCA. Before the chemical can be manufactured or imported for the significant new use, a company would be required to provide advance notification to EPA. This approach gives EPA the opportunity to evaluate any concerns, and if necessary, regulate future manufacture, import, or uses associated with this chemical.

EPA believes that this action is necessary because these chemical substances may be hazardous to human health and the environment. The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those uses or activities.

FTC to Tighten Rules on Green Labeling

The proposed changes are designed to update the Guides and make them easier for companies to understand and use.

The changes to the Green Guides include new guidance on marketers’ use of product certifications and seals of approval, “renewable energy” claims, “renewable materials” claims, and “carbon offset” claims. The FTC is seeking public comments on the proposed changes until December 10, 2010, after which it will decide which changes to make final.

“In recent years, businesses have increasingly used green marketing to capture consumers’ attention and move Americans toward a more environmentally friendly future. But what companies think green claims mean and what consumers really understand are sometimes two different things,” said FTC Chairman Jon Leibowitz. “The proposed updates to the Green Guides will help businesses better align their product claims with consumer expectations.”

The Green Guides were first issued in 1992 to help marketers ensure that the claims they are making are true and substantiated. The Guides were revised in 1996 and 1998. The guidance they provide includes:

1. General principles that apply to all environmental marketing claims;
2. How consumers are likely to interpret particular claims and how marketers can substantiate these claims; and
3. How marketers can qualify their claims to avoid deceiving consumers.

The proposed Guides include changes designed to strengthen the FTC’s guidance on those marketing claims that are already addressed in the current Guides as well as to provide new guidance on marketing claims that were not common when the Guides were last reviewed. The proposed changes were developed using information collected from three public workshops, public comments, and a study of how consumers understand certain environmental claims.

Proposed Revisions to the Guides

The revised Guides caution marketers not to make blanket, general claims that a product is “environmentally friendly” or “eco-friendly” because the FTC’s consumer perception study confirms that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. Very few products, if any, have all the attributes consumers seem to perceive from such claims, making these claims nearly impossible to substantiate.

The proposed Guides also caution marketers not to use unqualified certifications or seals of approval—those that do not specify the basis for the certification. The Guides more prominently state that unqualified product certifications and seals of approval likely constitute general environmental benefit claims, and they advise marketers that the qualifications they apply to certifications or seals should be clear, prominent, and specific.

Next, the proposed revised Guides advise marketers how consumers are likely to understand certain environmental claims, including that a product is degradable, compostable, or free of a particular substance. For example, if a marketer claims that a product that is thrown in the trash is degradable, it should decompose in a reasonably short period of time—no more than one year.

New Guidance Proposed

The FTC’s consumer perception research suggests that consumers could be misled by these claims because they interpret them differently than marketers intend. Because of this, the Guides advise marketers to provide specific information about the materials and energy used. Moreover, marketers should not make unqualified renewable energy claims if the power used to manufacture any part of the product was derived from fossil fuels.

The proposed revised Guides also provide new advice about carbon offset claims. Carbon offsets fund projects that reduce greenhouse gas emissions in one place in order to counterbalance or offset emissions that occur elsewhere. The Guides advise marketers to disclose if the emission reductions that are being offset by a consumer’s purchase will not occur within two years. They also advise marketers to avoid advertising an offset if the activity that produces the offset is already required by law.

The FTC is seeking comment on all aspects of its proposal. Examples include:

• How should marketers qualify “made with renewable materials” claims, if at all, to avoid deception?
• Should the FTC provide guidance concerning how long consumers think it will take a liquid substance to completely degrade?
• How do consumers understand “carbon offset” and “carbon neutral” claims? Is there any evidence of consumer confusion concerning the use of these claims?

The proposed Guides have been reorganized and simplified where possible so they are easier for businesses to read and use.

Finally, either because the FTC lacks a sufficient basis to provide meaningful guidance or because the FTC wants to avoid proposing guidance that duplicates rules or guidance of other agencies, the proposed Guides do not address use of the terms sustainable, natural, and organic. Organic claims made for textiles and other products derived from agricultural products are currently covered by the U.S. Department of Agriculture’s National Organic Program.

The Commission vote approving the issuance of the proposed revised Green Guides for public comment was 5-0. The FTC is accepting comments on the Guides through December 10, 2010.

Agreement on Changes to Construction Equipment Emissions Rule in California

Representatives from the California Air Resources Board (ARB) and the Associated General Contractors of America (AGC) trade organization agreed on proposed changes to the California’s landmark off-road regulation that will offer affected businesses additional time and more flexible options for compliance.

“This marks a new chapter for California and its effort to clean up emissions from diesel engines. We applaud the AGC for showing leadership on this issue and recognizing that California needs to control all sources of diesel emissions,” said ARB Chairman Mary Nichols.

First adopted in July 2007, the rule affects the state’s estimated 150,000 “off-road” vehicles used in construction, mining, airport ground support, and other industries. It calls for installation of diesel soot filters and the replacement of older, dirtier engines with newer emission-controlled models to curb diesel exhaust. Improvements were originally scheduled to begin in March 2010 for larger fleets, with medium and small-sized fleets having staggered implementation through 2015.

“We worked closely with the Associated General Contractors using a common set of data and assumptions about emissions to develop a set of proposals that will be cost effective and improve air quality,” said Nichols. “Our efforts today recognize the severe financial hardships that many businesses are experiencing due to the recession, while also ensuring that we meet our clean air obligations under Federal law.”

The newly proposed amendments, which will be presented for approval at ARB’s December 16–17 hearing, would streamline the compliance process and offer businesses additional time and flexible options to meet requirements. They would also provide credits for efforts already made to reduce emissions, and incentivize continued early actions.

If approved, the changes will:

• Delay start of requirements until January 1, 2014
• Increase the number of “low-use” equipment exempted
• Provide simpler compliance options for the smallest fleets
• Extend benefits for businesses that comply before their deadline
• Lower annual requirements to clean up engines

Other portions of the regulation that went into effect this year, including reporting, idling, and equipment labeling requirements for all fleets, remain intact and are being enforced.

Diesel particulate matter, or diesel “soot,” was identified as a toxic air contaminant in 1998. In 2000, the ARB established California’s Diesel Risk Reduction Plan, which aims to reduce diesel emissions to 85% below 2000 levels by 2020. Other sources of diesel particulate matter such as port trucks, private fleet trucks, transit buses, cargo-handling equipment, trash trucks, and ship engines have already been addressed through regulations, along with diesel fuel.

A recent ARB study, using peer-reviewed EPA methodology, found that very fine particulate matter (PM 2.5) is responsible for 9,000 premature deaths in California, underscoring the need to address the health risks associated with this form of pollution. 

EPA Announces its 5-Year Plan

EPA submitted the Plan to the Congress and to the Office of Management and Budget on September 30, 2010.

The Plan identifies the measurable environmental and human health outcomes the public can expect over the next five years and describes how EPA intends to achieve those results. The Plan represents a commitment to EPA’s core values of science, transparency, and the rule of law in managing EPA’s programs.

The Plan identifies five strategic goals to guide the Agency’s work:

Goal 1: Taking Action on Climate Change and Improving Air Quality

Goal 2: Protecting America’s Waters

Goal 3: Cleaning Up Communities and Advancing Sustainable Development

Goal 4: Ensuring the Safety of Chemicals and Preventing Pollution

Goal 5: Enforcing Environmental Laws

The Plan also introduces five cross-cutting fundamental strategies which set clear expectations for changing the way EPA does business in achieving its results:

• Expanding the Conversation on Environmentalism
• Working for Environmental Justice and Children’s Health
• Advancing Science, Research, and Technological Innovation
• Strengthening State, Tribal, and International Partnerships
• Strengthening EPA’s Workforce and Capabilities

EPA to Revise EPCRA Tier I and II Forms

EPA is revising the Emergency and Hazardous Chemical Inventory Forms (Tier I and II) under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) to require additional data elements and revise some existing data elements. The revisions are not expected to be implemented for at least another year. 

New Solar Panels on the White House Residence

U.S. Energy Secretary Steven Chu and Council of Environmental Quality (CEQ) Chair Nancy Sutley have announced plans to install solar panels and a solar hot water heater on the roof of the White House Residence. These two solar installations will be part of a Department of Energy (DOE) demonstration project showing that American solar technologies are available, reliable, and ready for installation in homes throughout the country. Secretary Chu and Chair Sutley made the announcement during CEQ’s 2010 GreenGov Symposium, which is bringing together leaders from Federal, state, and local governments; nonprofit and academic communities; and the private sector to identify opportunities around greening the Federal Government.

“This project reflects President Obama’s strong commitment to U.S. leadership in solar energy and the jobs it will create here at home,” said Secretary Chu. “Deploying solar energy technologies across the country will help America lead the global economy for years to come.”

“President Obama has said the Federal Government has to lead by example in creating opportunity and jobs in clean energy,” said Nancy Sutley, Chair of the White House Council on Environmental Quality. “By installing solar panels on arguably the most famous house in the country, his residence, the President is underscoring that commitment to lead and the promise and importance of renewable energy in the United States.”

Similar to the system installed at Environmental Resource Center last year, the White House PV system will convert sunlight directly to electricity. The solar hot water heater will have a solar collector facing the sun that will heat water for use in the White House Residence.

By installing solar panels at your business or home, you are able to effectively lock in the price of electricity you will pay in the years ahead, acting as an insulator against future rises in electricity prices since the systems installed today are expected to last approximately thirty years. Financial incentives are also available to offset the initial costs of installing solar energy systems, including a 30% federal tax credit and additional state, local, and utility incentive programs to encourage the deployment of renewable energy. 

New Jersey DEP to Transform Itself

“This document establishes the process to transform the DEP into a more streamlined organization that maximizes the abilities of our fiscal and human resources to protect New Jersey’s environment and natural resources,” Commissioner Bob Martin said. “For the sake of both the environment and economy, we cannot continue to operate as we always have. We need to take bold steps to change how the DEP operates.”

The Transformation Plan builds upon the Vision and Priorities documents that Commissioner Martin issued over the summer as blueprints for the DEP to return to its core mission of protecting the environment while playing a positive role in the economic growth of the state.

Recognizing that additional resources will not be available in the current economic climate, the Department is eliminating non-critical functions, streamlining business processes, leveraging information technology and relying on the expertise of its constituents—both internal and external—to cut the costs of compliance while ensuring maximum protection.

The Transformation Plan outlines a series of specific steps for the DEP’s management team to follow as it develops reforms for each of the agency’s major program areas: Natural and Historic Resources, Land Use Management, Water Resource Management, Climate and Environmental Management, Site Remediation, Compliance and Enforcement, and Economic Growth and Green Energy.

“The DEP has long had a broad and diverse mission,” said Deputy Commissioner Irene Kropp, who is spearheading the DEP’s transformation. “We will continue to vigorously protect the environment and provide for recreational opportunities, but we will do so with clearly defined focus and direction, as well as metrics to evaluate how well we are doing. To achieve our goals, we need input and support from all who are willing to step up and work with us.”

The Transformation Plan tasks senior leadership and every staff member to think creatively in order to become better problem-solvers. Specifically, the plan:

• Calls on all assistant commissioners and managers to thoroughly analyze all organizational structures and business processes with the goal of achieving Governor Chris Christie’s Executive Orders on reducing regulatory red tape and bringing common sense to decision making processes. This process may result in elimination of non-critical or redundant operations, with allocation of staff to areas where they could do more good.
• Requires that all managers and staff participate in customer service training programs to become more responsive, head off potential conflicts, and improve communications skills. The process calls on managers to develop sets of metrics to evaluate the services they provide and determine where change is needed.
• Establishes a process for the vetting of issues and development of solutions to problems specific to each of the DEP’s program areas. Commissioner Martin is urging all employees to think boldly with regard to suggestions for changes, and to recognize that transformation is an evolution of ideas and processes, not a stagnant event.
• Calls for each of the program areas to work closely with stakeholders, prioritize and execute action items, develop potential information technology solutions, and prepare white papers that recommend additional changes to business practices.

After a summer of transformation meeting sessions with DEP staff, the solutions-development process has already begun with senior management retreats and will continue through the fall and into next year with follow-up meetings as the DEP fine-tunes its transformation priorities. This process will engage a team of 20 to 30 stakeholders representing constituents such as environmental advocacy groups, business leaders, local government leaders, and developers.

“Changing the agency’s work culture is a top priority,” Commissioner Martin said. “Our employees already are doing a stellar job of embracing the objectives of transformation and providing input. The process will be one of gradual improvement, but there is urgency to the reforms we’re pursuing.”

EPA Releases New Edition of NPDES Permit Writers’ Manual

First released in 1996, the revised NPDES Permit Writers’ Manual has been thoroughly reviewed and updated to reflect current policy and guidance, address changes to the NPDES program, and include discussions of new EPA program areas, such as the Stormwater Phase II Rule, concentrated animal feeding operations, cooling water intake structures (i.e., Clean Water Act Section 316(b)], pesticide applications, and vessel discharges).

Doe Run Corporation to Pay $14 Million to Resolve Air and Waste Violations

The EPA, U.S. Department of Justice, and the Missouri Department of Natural Resources signed a consent decree with the Doe Run Corporation for violating federal and state environmental laws. The decree, signed on October 8 in the U. S. District Court for the Eastern District of Missouri, involves the company’s operations at 10 facilities in eastern Missouri. The EPA initiated the legal action, with the state Department of Natural Resources joining later.

As part of the decree, the lead mining company will be required to pay $7 million in civil penalties for violating the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act. Half of that amount will go to the federal government; half will be paid to the state and distributed to the school funds of Iron, Reynolds, Jefferson and Washington counties. Doe Run also will be required to repair environmental damage to a creek and complete a series of local environmental projects.

“The size and scope of this settlement is significant,” said Kip Stetzler, interim director of the Department of Natural Resources. “It addresses past violations of environmental law, and includes steps to prevent future violations in order to better protect human health and the environment. It also provides funding to help area schools with environmentally related projects.”

Doe Run will be required to spend an additional $2 million on several environmental projects at schools in the four-county area, including:

• Retrofitting diesel vehicles, engines, and equipment—with an emphasis on school buses—to cut diesel emissions;
• Removing old, out-dated, or dangerous chemicals from school science labs; and
• Improving energy efficiency in schools through weatherization, installation of high-efficiency heating and cooling, high-efficiency lighting, and ground source heat pump systems.

The decree also calls on the company to spend up to $5.8 million to repair the environmental damage caused to 8.5 miles of Bee Fork Creek in Reynolds County.

NOAA Proposes Five Atlantic Sturgeon Populations for Listing as Endangered or Threatened

NOAA’s Fisheries Service has proposed that five populations of Atlantic sturgeon along the U.S. East Coast receive protection under the federal Endangered Species Act. The Gulf of Maine population is proposed for listing as threatened, and endangered status is proposed for the Chesapeake Bay, New York Bight, Carolina, and South Atlantic populations.

Species listed as endangered receive the full protection of the Endangered Species Act, including a prohibition against “take,” defined to include harassing, harming, pursuing, wounding, killing, trapping, capturing, or collecting. Similar prohibitions usually extend to threatened species. An endangered listing offers protections designed to prevent extinction. For threatened populations, protections are focused on preventing a species from becoming endangered.

A formal status review was completed for the Atlantic sturgeon in 2007 by a team of biologists from NOAA, the U.S. Geological Survey, and the U.S. Fish and Wildlife Service. The review found that unintended catch of Atlantic sturgeon in fisheries, vessel strikes, poor water quality, dams, lack of regulatory mechanisms for protecting the fish, and dredging were the most significant threats to the fish.

Atlantic sturgeon are large, slow-growing, late-maturing, long-lived, estuary-dependent fish that live the majority of their lives in salt water, but hatch and spawn in freshwater. Historically, their range included major estuary and river systems from Labrador to Florida. Atlantic sturgeon populations are currently documented in 35 U.S. rivers and spawning is believed to occur in 20 of these. Because the marine range of an individual sturgeon can be very broad regardless of where it originated, threats along the East Coast can affect fish from any of these populations.

Historical catch records indicate that these fish were once abundant, supporting important colonial fisheries. In the late 19th century, demand grew for sturgeon caviar and the first major U.S. commercial fishery for them developed. This lasted from about 1870 until the 1950s with landings peaking in 1890. The commercial fishery collapsed in 1901 when landings were about 10% of the peak. Landings by fisheries targeting sturgeon declined to even less in subsequent years, persisting until a moratorium on landings was established in 1998. It is currently illegal to fish for, catch, or keep Atlantic sturgeon from U.S. waters.

Illinois EPA Refers Magnesium Elektron to Attorney General for Enforcement

Illinois EPA Director Doug Scott has asked the Illinois Attorney General’s office to proceed with an enforcement action against Magnesium Elektron North America, Inc., for endangering human health and the environment as a result of a recent explosion and fire.

Magnesium Elektron is located in Madison County with portions of the facility located in adjacent Venice. Late in the evening of October 4, 2010, a fire and several explosions occurred, releasing a large plume of magnesium oxide particulates. According to information currently available to the Illinois EPA, the incident originated at one of the coil reheating furnaces. Specific information as to the cause of the fire is still being gathered; however, it appears the explosions were caused by a water line rupturing above the furnace allowing water to contact molten magnesium.

The Illinois EPA requests that Magnesium Elektron conduct a thorough investigation to determine the root cause of the incident and submit a detailed report to include findings and preventative measures. In addition, it should implement the recommended preventative measures to prevent a similar incident from recurring.

Tanner Industries Faces Fine for Ammonia Violations

Tanner Industries, an East Providence, Rhode Island, company that distributes ammonia, faces a $149,080 penalty for violating federal regulations meant to prevent chemical accidents, according to a recent complaint by EPA.

Tanner operates ammonia distribution facilities across the country, including one in East Providence, and is subject to the CAA’s risk management planning requirements because ammonia is an extremely hazardous substance. Although Tanner has a risk management plan (RMP), EPA’s New England office is proposing to fine Tanner for a deficiency in its plan concerning the failure to anticipate the problems that could arise if an ammonia release occurred at the East Providence facility during periods when the facility is unstaffed. In a separate administrative order issued in June 2009, EPA New England ordered Tanner to correct these deficiencies, and Tanner is cooperating, according to EPA.

The facility is not routinely staffed except when ammonia is transported into or out of the facility. Tanner’s primary emergency plan is to rely on local emergency responders to respond to any ammonia releases, although the facility has no automatic ammonia sensors to alert emergency responders of potential releases. The facility is about a tenth of a mile from a residential neighborhood, and even closer to other public businesses.

According to the complaint filed by EPA, Tanner failed to do the required analyses or take precautions to address the fact that its facility is not routinely staffed except when ammonia is being actually received or distributed. For instance, Tanner failed to consider the use of sensors or monitors to detect leaks of ammonia or conditions that might lead to leaks. Tanner’s emergency response program also did not include adequate communication and coordination with local emergency response agencies, and the company’s plan did not ensure that the public would receive adequate notice of an accidental release.

Scrap Metal Business Penalized for Air Pollution Control Violations

OmniSource Corp., is taking steps to minimize dust emissions that have caused repeated public nuisances at three scrap metal processing plants in northwest Ohio.  The settlement also requires the company to pay a $163,900 penalty, which includes expenditures for additional pollution reduction projects.

OmniSource, headquartered in Fort Wayne, Indiana, has resolved violations stemming from public complaints and Ohio EPA inspections dating between 2004–2008 at its facilities near Lima, St. Marys, and in Mansfield.

Air pollution violations included excessive fugitive dust emissions from paved and unpaved roadways; drag out of mud onto public roads; failure to employ adequate control measures; open burning; causing a dust nuisance; and failure to obtain required permits and submit dust control plans. For example, at the Mansfield facility, the company increased the amount of scrap it processed from 8,000 to 40,000 tons a day in 2004. The increased road traffic produced increased fugitive dust emissions. The company did not apply for a permit for the expansion that increased dust emissions.

At the St. Marys location, the company was cited for failing to obtain state permits to install and operate jet torches, which were added to the facility in 2003, and for failing to obtain a permit to operate for roadways and parking areas. The company also did not have adequate emission controls on the torches, resulting in complaints about dark yellow or multi-colored clouds coming from the facility. Use of the jet and conventional torches also sparked multiple open fires to which the local fire department frequently responded. The fires violated Ohio’s open burning regulations.

At all three sites, the company has taken steps to control fugitive dust from roadways and from carryout of mud onto paved public streets, including mechanical sweeping, paving some areas with concrete, cleaning mud from truck tires before trucks exit the lots, and improving drainage to reduce the amount of mud produced during rain storms. These actions have eliminated or reduced dust complaints at these facilities since 2008.

At the St. Marys facility, the company applied for and was granted a permit-to-install-and-operate (PTIO) for the jet torches in August 2009. By August 2011, the company must submit a written request to modify its permits for new paved roadways at the facility.

To reduce fires caused by the cutting torches, the company has produced a list of prohibited scrap materials and has pledged to use fire extinguishers and sand to put out small fires. It also added an enclosure that vents to a fabric filter for air emissions caused by the jet torching operations. At the Mansfield location, the company has obtained a permit for the increased production. The permit requires dust control measures to prevent excess fugitive dust.

OmniSource will pay $66,120 that will be split between Ohio EPA’s Environmental Education Fund and air pollution control programs. It will pay $32,780 to Ohio EPA’s Clean Diesel School Bus Program Fund. The remaining $65,000 of the penalty is being credited back to the company for two projects that will further reduce fugitive dust at its Lima, St. Marys, and Toledo locations. At Lima, the company will receive a penalty credit for paving three unpaved roadways. The company is required to spend at least $185,000 on the project and must complete the project by May 2011.

At St. Marys, the company was granted a penalty credit to transfer an existing mechanized sweeper from its Toledo facility to the St. Marys site and purchase a new sweeper for its Toledo facility. The company must use the sweepers on both the public roadway and paved surfaces at the St. Marys and Toledo plants. The company is required to spend at least $150,000 for the new sweeper at the Toledo facility and complete the project by January 2011.

Plastics Manufacturer Ordered to Comply with Hazardous Waste Laws

EPA recently issued a Complaint and Compliance Order against Hudson Color Concentrates, a division of L&A Molding, Inc., for violating state and federal hazardous waste management requirements.

Hudson Color, of Leominster, Massachusetts, produces custom color plastic pellet concentrates for the plastics industry by blending, mixing, melting, extruding, quenching, drying, and chipping processed mixtures of color pigments.

EPA’s complaint alleges that that Hudson Color violated RCRA by failing to conduct an adequate hazardous waste determination of waste pigment powders containing high concentrations of lead found in the Facility’s raw material storage areas, pigment room, and blending area. In addition, the EPA inspectors found that the company did not handle universal waste in accordance with state and federal regulations by not properly managing mercury-containing fluorescent bulbs in a way that would prevent bulbs from breaking, potentially releasing of mercury into the environment.

The failure to conduct adequate hazard waste determinations of the pigments could result in release of lead into the environment and unnecessarily expose the company’s employees and others to hazardous wastes. In addition to proposing fines of up to $68,466, EPA is ordering Hudson Color to correct these violations by conducting appropriate waste determinations: ensure that mercury-containing universal waste is managed so as to prevent releases of mercury; and, ensure that containers of universal waste are marked with dates of accumulation.

EPA Issues Clean Water and Drinking Water Infrastructure Sustainability Policy

Communities across the country are facing challenges in making costly upgrades and repairs to their aging water infrastructure, which include sewer systems and treatment facilities. Making this infrastructure last longer while increasing its cost-effectiveness is essential to protecting human health and the environment, and maintaining safe drinking water and clean water bodies. The new policy is part of EPA Administrator Lisa P. Jackson’s priority to protect America’s waters.

The policy emphasizes the need to build on existing efforts to promote sustainable water infrastructure. The policy also focuses on working with states and water systems to employ comprehensive planning processes that result in projects that are cost effective over their life cycle, resource efficient, and consistent with community sustainability goals. The policy encourages effective utility management practices to build and maintain the level of technical, financial, and managerial capacity necessary to ensure long-term sustainability.

The policy represents a collaborative effort between EPA and its federal, state, and local partners. Working with these partners, EPA will develop guidance, provide technical assistance, and target federal, state, and other relevant federal financial assistance in support of increasing the sustainability of America’s water infrastructure.

EPA’s WaterSense Partners of the Year

EPA has named three organizations and one individual as WaterSense Partners of the Year for their exceptional efforts in promoting water efficiency and WaterSense labeled products. 

“These partners contributed significantly to our efforts to make WaterSense labeled products a household fixture in 2009,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “They also helped consumers who purchased these products save 36 billion gallons of water and more than $267 million in water and sewer bills in 2009.”

The partners of the year are:

• Promotional Partner of the Year—Cascade Water Alliance, King County, Washington
• Manufacturer Partner of the Year—Moen Incorporated
• Retailer Partner of the Year—Lowe’s Companies, Inc.
• Irrigation Partner of the Year—Judy Benson of Clear Water Products and Services, Inc. (Clear Water PSI), Florida

Following are just a few of the ways that WaterSense Partners of the Year helped consumers save water in 2009:

• Cascade Water Alliance collaborated with retailers and plumbers to promote water efficiency in the Puget Sound region and rebated more than 3,000 WaterSense labeled toilets for households and local businesses.
• Moen earned the WaterSense label for all of its 267 bathroom faucet fixtures, ensuring availability of water-saving faucets for consumers at every price point, and garnered significant national media attention for WaterSense.
• Lowe’s launched a “Build Your Savings” program to help customers select products that save energy, water, and money, winning WaterSense Retail/Distributor Partner of the Year for the second year in a row.
• Judy Benson educated businesses and consumers on outdoor water efficiency and encouraged other irrigation professionals in the central Florida region to partner with WaterSense.

This year, WaterSense expanded its Partner of the Year awards program to include its first ever Excellence Awards, which recognize additional organizations and individuals whose WaterSense support stood out in one or more of the evaluation categories. Winners of the Excellence Awards are listed on the WaterSense website.

CEQ Issues Guidance on Federal Greenhouse Gas Accounting and Reporting

The Guidance serves as the Federal Government’s official Greenhouse Gas Protocol and will be used by Federal agencies to develop their first GHG inventories. Federal agencies will submit GHG inventories annually beginning in January of 2011, as called for in the Executive Order on Federal Leadership in Environmental, Energy, and Economic Performance  signed by President Obama on October 5, 2009.

“For the first time, this guidance sets consistent standards and requirements for measuring and reporting the Federal Government’s greenhouse gas emissions. Today we take an important step forward in transparency and accountability for the Federal Government’s greenhouse gas pollution. We continue President Obama’s commitment to lead by example toward a healthy and prosperous clean energy future for America,” said Nancy Sutley, Chair of the White House Council on Environmental Quality.

The Guidance was announced by Chair Sutley at the first GreenGov Symposium, a three-day event held by CEQ from October 5-7, 2010, in Washington, D.C., that brought together a broad group of sustainability leaders to identify opportunities around greening the Federal Government.

Earlier this year, President Obama announced a Federal Government-wide target of a 28% reduction by 2020 in direct GHG emissions, such as those from fuels and building energy use, and a target 13% reduction by 2020 in indirect GHG emissions, such as those from employee commuting and landfill waste. Combined, these two goals could result in a cumulative reduction of 101 million metric tons of CO2 emissions, equivalent to the emissions from 235 million barrels of oil. Meeting Federal agency GHG pollution reduction targets is estimated to result in a cumulative $8 billion to $11 billion in avoided energy costs through 2020.

The Executive Order directed the Department of Energy’s Federal Energy Management Program to develop recommended Federal GHG reporting and accounting procedures, in coordination with the EPA, Department of Defense, General Services Administration, Department of the Interior, Department of Commerce, and other agencies as appropriate. These recommendations established the foundation for the Guidance. CEQ released draft Guidance for public review and comment on July 12, 2010. 

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Trivia Question of the Week

Greenhouse gases emitted in the U.S. are estimated to be about how many tons per year?
a. 70 million tons
b. 170 million tons
c. 700 million tons
d. 7 billion tons