Established as part of the Emergency Planning and Community Right to Know Act (EPCRA), TRI is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities. The proposal is part of Administrator Lisa P. Jackson’s ongoing efforts to provide communities with more complete information on chemicals.
EPA has concluded, based on a review of available studies, that these chemicals could cause cancer in people. The purpose of the proposed addition to TRI reporting requirements is to inform the public about chemical releases in their communities and to provide the government with information for research and potential development of regulations.
Four of the chemicals are being proposed for addition to TRI under the polycyclic aromatic compounds (PACs) category. The PACs category includes chemicals that are persistent, bioaccumulative, toxic (PBT) and are likely to remain in the environment for a very long time. These chemicals are not readily destroyed and may build up or accumulate in body tissue.
The TRI, established as part of the EPCRA of 1986, contains information on nearly 650 chemicals and chemical groups from about 22,000 industrial facilities in the U.S. Congress enacted EPCRA to provide the public with additional information on toxic chemicals in their communities. EPA will accept public comments on the proposal for 60 days after it appears in the Federal Register.
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™.
DOT Considers Revising Flammable and Combustible Liquid Definitions
Based on petitions from several organizations representing shippers of hazardous materials, the DOT is considering revisions to the classification and requirements for flammable and combustible liquids. The Department has identified a number of issues that it might revise the rules, including: 1) harmonizing the definitions and requirements for combustible liquids with international standards; 2) modifying the hazardous materials regulations for marking and placarding shipments of combustible liquids to eliminate confusion that occurs when shipments marked and placarded for domestic transportation are transported in international commerce; and 3) expanding current exceptions for combustible liquids to accommodate unique operational requirements.
EPA Considers Banning Lead in Aviation Gas
EPA is expected to publish an advance notice of proposed rulemaking to address a 2006 request by Friends of the Earth (FOE) that the agency propose emissions standards for lead from general aviation aircraft. The Agency will publish information about the use of leaded avgas, its effect on air quality, and will request comments on that information. The general aviation industry has been working a plan to transition to unleaded avgas for piston-engine airplanes.
The FOE petition requested that the EPA find that lead emissions from GA aircraft may endanger public health and welfare—conditions that make those emissions fall under the Clean Air Act and give the EPA the authority to regulate them—and propose emissions standards under the Clean Air Act.
In 2007, the EPA issued a Federal Register notice seeking comment on the FOE’s petition. The agency said that it has concerns regarding lead exposure, particularly during childhood, and that leaded avgas is used at almost 20,000 airport facilities in the United States.
Template for SPCC Plans Now Available
The template is intended to help the owner or operator of a Tier I qualified facility develop a self-certified SPCC Plan. To use the template, the facility must meet all of the applicability criteria of a Tier I qualified facility in 40 CFR 112.3(g)(1) of the SPCC Rule. The template provides every SPCC Rule requirement necessary for a Tier I qualified facility that must be addressed and implemented. The owner or operator may complete the template either electronically or by hand on a printed copy.
This template may be used to comply with the SPCC Rule or used as a model and modified as necessary to meet facility-specific needs. If the owner or operator modifies the template, the SPCC Plan must include a section cross-referencing the location of each applicable requirement of the SPCC Rule, and the Plan must be an equivalent Plan that meets all applicable rule requirements in 40 CFR 112.6(a)(3).
California Adds Three Chemicals to Proposition 65 List
The Office of Environmental Health Hazard Assessment (OEHHA) within the California Environmental Protection Agency is adding Bromochloroacetic acid (CAS No. 5589-96-8), Cumene (CAS No. 98-82-8) and Diclofop-methyl (CAS No. 51338-27-3) to the list of chemicals known to the state to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 ). The listing of bromochloroacetic acid, cumene, and diclofop-methyl became effective April 6, 2010.
Bromochloroacetic acid (CAS No. 5589-96-8), cumene (CAS No. 98-82-8) and diclofop-methyl (CAS No. 51338-27-3) are being listed as chemicals known to the State of California to cause cancer. The listing of the chemicals bromochloroacetic acid and cumene is based on formal identification by an authoritative body (the National Toxicology Program (NTP)), that the chemicals cause cancer. The listing of diclofop-methyl is based on formal identification by the authoritative body, the EPA, that the chemical causes cancer. The criteria used by OEHHA for the listing of chemicals under the “authoritative bodies” mechanism can be found in Title 27, Cal. Code of Regs., Section 25306.
OEHHA analyses of dose-response data to establish the no significant risk levels (NSRLs) for bromochloroacetic acid, cumene, and diclofop-methyl under Proposition 65 have not yet been conducted.
Stricter Drinking Water Regulations Announced
EPA Administrator Lisa P. Jackson announced on March 22 new EPA strategies to protect public health from the growing number of drinking water contaminants and has decided to revise the drinking water standards for four cancer causing contaminants: tetrachloroethylene, trichloroethylene (TCE), acrylamide, and epichlorohydrin. The first two industrial solvents (tetrachloroethylene and TCE) which can be introduced into drinking water from contaminated ground or surface water will be revised to new standards within the next year. The second two, acrylamide and epichlorohydrin (water treatment process impurities that can contaminate drinking water), will be revised at a later date.
Website Provides Unlimited Climate Change Data
The site provides a description of the various impacts climate change is having/may have on the region, especially sea-level rise on estuaries, barrier islands, and coastal cities as well as related information linked to local, state, and national sites. Tables and charts show total, per capita and percentage CO2 emissions for sectors and states within the region as well as emissions for the region and nation as a whole.
Website Identifies Power Plant Fuel Data
Moving the mouse over any map point displays a popup box containing detailed information about the facility including power plants and other power generating facilities that utilize clean fuel technologies, carbon-based fuels, or both.
Newly Reissued Industrial Stormwater Permit May Affect Thousands of Unaware Business Owners
A newly-re-issued permit from the Minnesota Pollution Control Agency (MPCA) has the potential to affect thousands of businesses across the state. Despite extensive public outreach and requests for comment, many business owners and operators may not be aware they are now required to apply for an Industrial Stormwater Multi-Sector General Permit that went into effect April 5, 2010.
The new permit affects 10 industrial categories organized into 29 sectors. These sectors range from timber products to chemical manufacturing, scrap recycling, landfills, air transportation, and salvage yards. The site also has the permit application and instructions, describes sector-specific permit application dates, offers 14 steps to permit compliance, guides permittees on how to create a related pollution-prevention plan, lists a schedule of training and outreach opportunities, and includes information about how businesses may gain certification for a five-year permit exclusion called “No Exposure.”
The EPA and all states require industrial stormwater permit coverage and offer the No Exposure option. Until now, Minnesota was one of very few states that did not require industrial stormwater discharge monitoring. This new permit establishes risk-based monitoring objectives that can be reached through best management practices and site-based controls.
Stormwater generally refers to precipitation, snowmelt, and surface runoff as well as drainage to groundwater. It is one of the most common sources of water flowing into Minnesota lakes and streams. Stormwater permit regulations help businesses prevent, reduce or control potential contamination of state surface and groundwater resources by restricting contact between pollutants and industrial equipment, machinery, raw materials, products, waste-handling equipment, and wastes. Even though an individual industrial facility may contribute minimal pollution to the state’s water resources, the cumulative impact of thousands of facilities’ stormwater discharges can account for significant water quality problems.
Since the previous industrial stormwater permit expired in 2002, agency staff have been developing permit language that is aligned with federal and state requirements, reduces pollutants in industrial stormwater discharges and provides a balance of environmental protection and facility flexibility. Key differences between the two permits include new sampling and monitoring requirements and discharge restrictions related to impaired waters.
For more information, call the MPCA industrial stormwater program staff at 651-757-2119 or 1-800-657-3864.
EPA Announces New Restrictions on Phosphine Fumigants
The new restrictions prohibit all uses of the products around residential areas, increase buffer zones for treatment around non-residential buildings that could be occupied by people or animals, and create more protective product labeling. These actions are part of Administrator Lisa P. Jackson’s comprehensive effort to strengthen the agency’s chemical management program and assure the safety of chemicals.
“Phosphine fumigants are poisons and must be kept away from where our children live,” said Steve Owens, assistant administrator of EPA’s Office of Prevention, Pesticides, and Toxic Substances. “These new safeguards prohibit the use of these toxic pesticides near homes and impose restrictions to protect our families from exposure to them.”
Aluminum and magnesium phosphide fumigants are used primarily to control insects in stored grain and other agricultural commodities. They also are used to control burrowing rodents in outdoor agricultural and other non-domestic areas. The fumigants are restricted to use by specially trained pesticide applicators and in only narrow circumstances.
EPA is expediting approval of the new labels to reduce the potential for accidental poisonings. The primary manufacturer is voluntarily implementing the changes. EPA will apply these changes to all aluminum and magnesium phosphide products.
California Materials Exchange: A Craigslist for Business
CalMAX is helping California businesses stay in ship-shape year round. The Department of Resources Recycling and Recovery’s () CalMAX service helps jurisdictions, businesses, and organizations find “green” alternatives to throwing away valuable materials—by buying and selling them on the Web.
Consumers have Craigslist and eBay to help keep their closets tidy. CalMAX, also known as the California Materials Exchange, works the same way for commercial and nonprofit enterprises. After creating a CalMAX account online, businesses can post free listings for a variety of goods from pavers and rubber scrap to hand soap and file cabinets.
CalMAX is based on a simple idea: “One business’ trash is another business’ treasure.” The program’s mission is to build reuse markets for materials used by businesses, organizations, industry, schools, and individuals, and to find markets for non-hazardous materials that may otherwise be discarded.
The commercial sector contributes more than half of the trash that ends up in California’s landfills. However, by reusing these materials instead of throwing them away, the commercial sector conserves energy, resources, and landfill space, and reduces greenhouse gas emissions, disposal, and purchasing costs.
EPA Launches Blog on Acid Rain
EPA is hosting a month-long online discussion to expand the conversation on acid rain. Acid rain is a serious environmental problem that affects large parts of the United States and is particularly damaging to lakes, streams, and forests and the plants and animals that live in these ecosystems. Sulfur dioxide (SO2) and nitrogen oxides (NOx), the pollutants that form acid rain, can cause serious respiratory illnesses and premature death.
Topics will include an overview of acid rain and its effects, a description of the Acid Rain Program’s cap and trade policy, an explanation of how EPA monitors power plant emissions, and how air and water quality monitoring data are used to measure environmental improvements.
EPA established the Acid Rain Program 20 years ago under the 1990 Clean Air Act Amendments and it requires major emission reductions of sulfur dioxide SO2 and nitrogen oxide NOx from the electric power industry. Since the first year of the program in 1995, SO2 and NOx emissions have each been cut by more than 60%. The program sets a permanent cap on the total amount of SO2 that may be emitted by electric generating units in the United States, and includes provisions for trading and banking allowances.
$180,740 for Air Permit Violations
The company also owns a nearby quarry.
The company has held an operating permit since May 2002 for the 1967 West County Road 42 plant. Since that time, several violations of air permit requirements have occurred. These violations include: exceeding emission limitations for several pollutants emitted from the facility, failing to obtain installation and operating permits for new sources, and failing to meet emission limitations and control visible emissions of dust.
Most of the violations have been corrected. Under the terms of the agreement, Carmeuse must submit an installation permit application for a source modification and an application to modify its facility operating permit to include the restrictions from a recently obtained installation permit for a new and a modified pollution source.
NYC Landlord Fined for Failing to Provide Lead Paint Information
Thinking of renting or selling a home or apartment? Make sure you disclose its lead-based paint history. Mr. Wolfe Landau did not and it cost him a $20,000 fine. The landlord with over 25 properties in Brooklyn and 1 in Manhattan has signed an agreement with the EPA to pay the civil penalty for alleged violations of lead-based paint disclosure rules. EPA has cited the property owner for failing to properly inform residents about potential lead-based paint in their apartments through disclosure statements, warning statements, and failing to make them aware of records or reports that would alert them of the potential lead hazards. In addition, Mr. Landau must take proper steps to address violations of lead rules.
It is estimated three-quarters of the U.S. residential dwellings built before 1978 contain some lead-based paint. Lead poisoning in children can have serious, long-term consequences including learning disabilities, hearing impairment and behavioral problems. Lead poisoning remains one of the most prevalent threats to children’s well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.
“If you sell or rent a residence, you must properly notify a buyer or tenant of potential lead paint hazards,” said Judith Enck, EPA regional Administrator. “EPA takes very seriously its commitment to reducing people’s exposure to lead-based paint. New York City has a large supply of older housing units, so people in NYC need to take steps to protect themselves and their families against lead hazards. Complying with the law is so simple and takes such minimal effort that sellers, landlords, and their representatives have no excuse for not doing so. This case should serve as a message to the real estate community that we are serious about enforcing lead laws to protect children.”
Specifically, federal law requires that people and entities that sell or rent housing built before 1978 must provide an EPA-approved lead hazard information pamphlet; include lead notification language in sales and rental forms; disclose any known lead-based paint hazards and provide reports to buyers or renters; allow a lead inspection or risk assessment by home buyers; and maintain records certifying compliance with applicable federal requirements for three years.
In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).
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Trivia Question of the Week
Dutch firm Jaap Van der Braak has invented what novel energy producing product?
a. Sidewalk pavers that generate electricity when people walk on them
b. Fuel manufactured from discarded wooden shoes
c. Wind mills disguised as oak trees
d. Solar cells that can be painted onto virtually any surface
