In accordance with a consent decree and in line with requirements under the Clean Water Act, the EPA will propose a range of options to help reduce dangerous pollutants, including mercury, arsenic, lead, and selenium that are released into America’s waterways by coal ash, air pollution control waste, and other waste from steam electric power plants. The proposed rule includes a variety of options for whether and how these different waste streams should be treated. EPA will take comment on all of these options, which it will use to help inform the most appropriate final standard.
Steam electric power plants currently account for more than half of all toxic pollutants discharged into streams, rivers, and lakes from permitted industrial facilities in the United States. High exposure to these types of pollutants has been linked to neurological damage and cancer as well as damage to the circulatory system, kidneys, and liver. Toxic heavy metals do not break down in the environment and can also contaminate sediment in waterways and impact aquatic life and wildlife, including large-scale die-offs of fish.
“America’s waterways are vital to the health and well-being of our communities,” said Acting Administrator Bob Perciasepe. “Reducing the pollution of our waters through effective but flexible controls such as we are proposing today is a win-win for our public health and our economic vitality. We look forward to hearing from all stakeholders on the best way forward.”
EPA has put a focus on ensuring any final rule would protect public health while being sensible and achievable, and in line with that goal, under every preferred option proposed by EPA, more than half of America’s coal fired power plants would be in compliance without incurring any additional cost.
The proposal updates standards that have been in place since 1982, incorporating technology improvements in the steam electric power industry over the last three decades as required by the Clean Water Act. Under the proposed approach, new requirements for existing power plants would be phased in between 2017 and 2022, and would leverage flexibilities as necessary.
Fewer than half of coal-fired power plants are estimated to incur costs under any of the proposed preferred options, because many power plants already have the technology and procedures in place to meet the proposed pollution control standards.
The four preferred options differ in the number of waste streams covered (such as fly ash handling systems, treatment of air pollution control waste and bottom ash), the size of the units controlled and the stringency of the treatment controls to be imposed. EPA estimates that the regulations would reduce pollutant discharges by 470 million to 2.62 billion lb annually and reduce water use by 50 billion to 103 billion gallons per year.
EPA also announced its intention to align this Clean Water Act rule with a related rule for coal combustion residuals (CCRs, also known as coal ash) proposed in 2010 under the Resource Conservation and Recovery Act. The two rules would apply to many of the same facilities and would work together to reduce pollution associated with coal ash and related wastes. EPA is seeking comment from industry and other stakeholders to ensure that both final rules are aligned to reduce pollution efficiently and minimize regulatory burdens.
There are approximately 1,200 steam electric power plants that generate electricity using nuclear fuel or fossil fuels such as coal, oil, and natural gas in the US. Approximately 500 of these power plants are coal fired units which are the primary source of the pollutants being addressed by the proposed regulation. Power plants that are smaller than 50 megawatts would not be impacted by these new standards, and the majority of coal-fired power plants would incur no costs under the proposed standards.
The public comment period on the proposed rule will be open for 60 days after publication in the Federal Register. The agency is under a consent decree to take final action by May 22, 2014.
Charlotte RCRA, DOT, and SARA Training
Hilton Head RCRA and DOT Training
Orlando RCRA and DOT Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
Compliance Self-Assessment: The Michigan Environmental Audit Privilege and Immunity Law
The webcast, which will be held May 2, 2013, 10:00 am–11:30 pm, offers a practical step-by-step how-to for applying to do an audit under the law, performing the self audit, and following up with the disclosure in order to maximize your benefits and protections under the law. The webinar will also include a brief review of the origin and purpose of the Audit law.
EPA Identifies Companies that Use the Most Green Power
“We applaud the leadership demonstrated by organizations that are helping reduce carbon pollution and spur the growth of clean, American-made energy sources by increasing their use of renewable energy,” said EPA Acting Administrator Bob Perciasepe. “As President Obama has made clear, clean energy is critical to our health, our economy, our security, and our ability to effectively address climate change.”
Intel Corporation continues to top the list, using green power to cover 100% of its electricity load. Microsoft Corporation moved into second place by increasing its green power use to more than 1.9 billion kilowatt-hours (kWh) annually. Apple, Inc., new to the Top 50 list, ranks number 10 with 85% of its nationwide electricity now coming from green power.
The top 10 partners appearing on the Top 50 list include:
1. Intel Corporation
2. Microsoft Corporation
3. Kohl’s Department Stores
4. Whole Foods Market
5. Wal-Mart Stores, Inc.
6. US Department of Energy
7. Staples
8. Starbucks Company-Owned Stores
9. Lockheed Martin Corporation
10. Apple Inc.
For the first time, EPA also released a list of partners that have committed to purchasing green power for a period of five years or more. These organizations send a strong signal to renewable energy developers, stating that they are committed to green power for the long-term and are helping to reduce future GHG emissions. Among the partners with the longest-running contracts are the University of Oklahoma, Oklahoma State University, The Ohio State University, Iowa State University, and the University of Maryland. Of the 47 partners appearing on the list, 15 are higher education institutions.
For the seventh year in a row, EPA is encouraging increased green power use among higher education institutions through the College and University Green Power Challenge. Of the 32 competing conferences, the Big 10 is this year’s conference champion, collectively using more than 315 million kWh of green power annually and avoiding carbon pollution equal to that produced by the electricity use of more than 33,000 American homes. The University of Pennsylvania continues to be the top individual school in the challenge, purchasing more than 200 million kWh of wind power annually—more green power than any of the 75 other competing schools.
Green power is a subset of renewable energy and represents the renewable energy resources and technologies that provide the highest environmental benefit. EPA defines green power as electricity produced from solar, wind, geothermal, biogas, eligible biomass, and low-impact small hydroelectric sources.
As part of the EPA’s Green Power Partnership, more than 1,400 organizations are purchasing more than 27 billion kilowatt-hours of green power annually, avoiding carbon pollution equal to that created by the electricity use of more than 2.8 million American homes. The partnership provides quarterly updated lists of partners using green power in the following categories: K-12 schools, technology and telecommunications, local government, and retail, among others.
Additional information is available from EPA regarding:
Calculating the Cost Benefit of Pollution Prevention and Greenhouse Gas Emission Reduction
This webinar will provide an overview of recently developed and tested tools designed to measure the environmental and economic performance results of pollution prevention activities. The tools are provided at no cost to the user and designed to help calculate GHG emissions; cost savings from P2 activities; and to help convert standard business units into environmental measurement units that increase the transparency of reported data, and make references clear for customers, suppliers, stakeholders and local communities.
EPA Publishes 18th Annual US Greenhouse Gas Inventory
Recent trends can be attributed to multiple factors including reduced emissions from electricity generation, improvements in fuel efficiency in vehicles with reductions in miles traveled, and year-to-year changes in the prevailing weather.
GHGs are the primary driver of climate change, which can lead to hotter, longer heat waves that threaten the health of the sick, poor, or elderly; increases in ground-level ozone pollution linked to asthma and other respiratory illnesses; as well as other threats to the health and welfare of Americans.
GHG emissions in 2011 showed a 6.9% drop below 2005 levels. Total emissions of the six main GHGs in 2011 were equivalent to 6,702 million metric tons of carbon dioxide. These gases include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
The Inventory of US Greenhouse Gas Emissions and Sinks: 1990-2011 is the latest annual report the US has submitted to the Secretariat of the United Nations Framework Convention on Climate Change since it was ratified by the US in 1992. The treaty sets an overall framework for intergovernmental efforts to address the challenge posed by climate change. EPA prepares the annual report in collaboration with other federal agencies and after gathering comments from stakeholders across the country.
The inventory also calculates carbon dioxide emissions that are removed from the atmosphere through the uptake of carbon by forests, vegetation, soils, and other natural processes (known as carbon sinks).
Wind Power Surges to New Record
Although policy uncertainty in the main OECD markets is a cause for concern, strong markets in China, India, and Brazil, as well as in new markets in Latin America, Africa, and the rest of Asia will drive global growth during the period.
"Wind power may be variable, but the greatest threat to the continued stable growth of the industry is the variability and unpredictability of the politicians who set the frameworks for the energy sector", said Steve Sawyer, GWEC Secretary General. "However, all of the fundamentals which have driven wind power to date are still in place: energy security, price stability, local economic development, climate change mitigation and local air and water pollution issues; and wind is now competitive in an increasing number of markets, despite fossil fuel subsidies which last year amounted to an incentive to emit CO2 of about $110/ton."
Record installations in the United States and Europe led global installations of 44.8 GW of new wind power globally in 2012, 10% more than was installed in 2011. Global installed capacity has now reached 282.5 GW, a cumulative increase of almost 19%. The forecast is for a modest downturn in 2013, however, followed by a recovery in 2014 and beyond; with global capacity growing at an average rate of 13.7% out to 2017, and global capacity nearly doubling to 536 GW.
The US regained the #1 spot for global markets in 2012 for the first time since 2009, eking out China by 164 MW. However, the late extension of the US Production Tax Credit on 1 January 2013 means that the US market will drop precipitously in 2013, although with substantial recovery expected in 2014. Europe's record installations in 2012 are unlikely to be repeated in 2014, as a result of policy uncertainty and backtracking.
"European Governments are driving up the cost of meeting their 2020 renewable energy targets by making policy changes that undermine investor confidence", said Thomas Becker, CEO of the European Wind Energy Association. "An ambitious and binding 2030 renewable energy target would hugely reduce uncertainty. It would create jobs and exports and boost Europe's world-leading wind industry."
After a year of market consolidation in China, the world's largest market with over 75 GW of installed capacity, Chinese authorities are calling for 18 GW of installations in 2013; and after a year-long policy hiatus in India, the market is expected to recover and return to growth in 2014. Brazil continues to lead the Latin American market, and may surpass 2 GW of annual installations in 2013; and both Mexico and Canada are expected to grow substantially over the period.
There are also hundreds of MW under construction in South Africa, with another 500 MW expected to come to financial close this year, leading a surge in installations in sub-Saharan Africa which began in Ethiopia in 2012. In Asia, Pakistan, Mongolia, the Philippines and Thailand are all expected to see significant installations in 2013 and beyond.
ORNL Leading Study Focused on Afterlife of Electric Vehicle Batteries
Once they've finished powering electric vehicles for hundreds of thousands of miles, it may not be the end of the road for automotive batteries, which researchers believe can provide continued benefits for consumers, automakers, and the environment.
Five used Chevrolet Volt batteries are at the heart of the Department of Energy Oak Ridge National Laboratory's effort to determine the feasibility of a community energy storage system that would put electricity onto the grid. Over the next year, researchers from ORNL, General Motors and the ABB Group will conduct studies and compile data using a first-of-its-kind test platform officially commissioned today.
"With about one million lithium-ion batteries per year coming available from various automakers for the secondary market beginning in 2020, we see vast potential to supplement power for homes and businesses," said Dr. Imre Gyuk, manager of the Energy Storage Research Program in DOE's Office of Electricity Delivery and Energy Reliability. "Since these batteries could still have up to 80% of their capacity, they present a great opportunity for use in stationary storage devices before sending them to be recycled."
By distributing electrical energy storage into many locations, these units could provide the benefits of a centralized unit but with potentially more localized applications. The ORNL platform provides 25 kilowatts of power and 50 kilowatt-hours of energy that could potentially provide cost-effective backup energy to homes and businesses, said Michael Starke of ORNL's Energy and Transportation Science Division.
Given reports like "Drive Green 2020" that estimate production volumes of hybrids, plug-in hybrids and battery electric vehicles at hundreds of thousands per year before the end of this decade, the potential for energy storage and production is impressive, according to Starke.
Already, GM and ABB have demonstrated how a Chevrolet Volt battery pack can collect electrical energy and feed it back to the grid to deliver supplemental power to homes or businesses. Researchers noted that the system could potentially reduce energy costs and increase grid stability and reliability.
Last year in San Francisco, a GM/ABB energy storage system provided 100% of the electricity needed to power a temporary structure for several hours. A similar application could one day power a group of homes or small commercial buildings during a power outage or help make up for gaps in solar, wind or other renewable power generation.
"This project with Oak Ridge will enable us to start obtaining data to see if Volt batteries can perform by providing energy cost savings through peak load and time-of-use energy management," said Bill Wallace, director of GM battery systems engineering. The ORNL platform is the culmination of three years of research that began with a scoping study to determine the market for energy storage on the grid. This test moves research from the development stage to testing, which will provide researchers with the ability to quantify the technical and cost performance of the system under various real-world conditions.
"In the future, distributed energy storage on the electric grid may become as commonplace as batteries in cell phones by providing greater energy reliability and reduced energy cost to the consumer," said George Andrews of ORNL's Power and Energy Systems Group.
Funding for this work was provided by DOE's Office of Electricity Delivery and Energy Reliability. The Office's Energy Storage Research Program supports research on a wide spectrum of storage applications and a broad portfolio of technologies. Ongoing work with ORNL explores the feasibility of using re-purposed EV batteries for stationary storage applications.
GM, which produces vehicles in 30 countries, is focused on assuring battery systems used in its vehicles provide environmental and societal benefits beyond their use in the vehicle. Long before a battery is recycled, secondary use in electric grid applications provides the opportunity to fully utilize these batteries.
ABB (is a leader in power and automation technologies that enable utility and industry customers to improve performance while lowering environmental impact. The ABB Group of companies operates in about 100 countries and provides 145,000 jobs.
The Office of Science is the single largest supporter of basic research in the physical sciences in the United States and is working to address some of the most pressing challenges of our time.
CEMEX, Inc. Agrees to Reduce Harmful Air Emissions at Colorado Plant
EPA and the US Department of Justice (DOJ) have announced that CEMEX, Inc., the owner and operator of a Portland cement manufacturing facility in Lyons, Colorado, has agreed to operate advanced pollution controls on its kiln and pay a $1 million civil penalty to resolve alleged violations of the Clean Air Act (CAA).
The Department of Justice, on behalf of EPA, filed a complaint against CEMEX alleging that between 1997–2000, the company unlawfully made modifications at its Lyons plant that resulted in significant net increases of nitrogen oxide (NOx) and particulate matter (PM) emissions. The complaint further alleges that these increased emissions violated the CAA’s Prevention of Significant Deterioration and Non-Attainment New Source Review requirements, which state that companies must obtain the necessary permits prior to making modifications at a facility and install and operate required pollution control equipment if modifications will result in increases of certain pollutants.
As part of the settlement, CEMEX will install Selective Non-Catalytic Reduction (SNCR) technology at their Lyons facility, which is an advanced pollution control technology designed to reduce NOx emissions. This will reduce their NOx emissions by approximately 870–1,200 tons of NOx per year. The initial capital cost for installing SNCR is approximately $600,000 and the cost of injecting ammonia into the stack emissions stream, a necessary part of the process, is anticipated to be about $1.5 million per year.
NOx emissions may cause severe respiratory problems and contribute to childhood asthma. These emissions also contribute to acid rain, smog, and haze which impair visibility in national parks. CEMEX’s facility is located within 20 miles of Rocky Mountain National Park, and its emissions may contribute to visibility impairment and to the nitrogen pollution problem that is affecting the park’s vegetation, water quality, and trout populations. Air pollution from Portland cement manufacturing facilities can also travel significant distances downwind, crossing state lines and creating region-wide health problems.
The proposed consent decree will be lodged with the Federal District Court for the District of Colorado, and will be subject to a 30-day public comment period.
Grain Processing Corporation to Pay $129,000 for Clean Water Act Violations
EPA Region 7 has announced that Grain Processing Corporation (GPC), in Muscatine, Iowa, has agreed to pay a civil penalty for violations of the federal Clean Water Act (CWA) that occurred in 2011.
GPC failed to comply with its National Pollutant Discharge Elimination System (NPDES) monitoring requirements by taking unrepresentative flow measurements and not conducting settleability tests; failing to maintain all facilities and control systems in good working order; and exceeding the effluent limitations for biochemical oxygen demand, total suspended solids, temperature, and pH. GPC came into compliance with CWA regulations after EPA Region 7 issued an order to the company on July 29, 2011, requiring it to correct the violations.
“Discharge permits are one of the Clean Water Act’s most important tools to protect our waters’ health and productivity,” said EPA Region 7 Administrator Karl Brooks. “EPA takes NPDES violations very seriously and this penalty sends a message to GPC and others that protecting our waters is an important part of their operations.”
Effluent limitation violations negatively impact the receiving water (Mississippi River). Operations and maintenance violations, such as malfunctioning equipment and failure to comply with monitoring requirements, lead to situations where the wastewater treatment plant’s operations, including the pollutants in the effluent, are not accurately known or documented.
By agreeing to the settlement, GPC has certified that it is in compliance with the CWA.
Landlords Fined for Failing to Notify Tenants about Lead Paint Hazards
Two Rhode Island landlords will pay an EPA penalty of $13,900 for violations of federal lead disclosure laws. EPA alleges Donald Ciotola and Carol Simeone violated the federal Toxic Substance Control Act (TSCA) when the landlords failed to notify prospective tenants about potential lead-paint hazards in housing they owned in Woonsocket, Rhode Island, as required by the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Lead-Based Paint Disclosure Rule.
Exposure to lead paint is a serious health concern due to the age of the housing stock. Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.
The purpose of the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule is to ensure that prospective tenants have enough information about lead-based paint in general and known lead-based paint hazards in specific housing to make an informed decision about whether to lease a particular property.
Property managers and owners therefore play an important role in helping to prevent lead poisoning. Violations of the federal disclosure requirements are subject to the penalty provisions set forth in TSCA.
2013 Proposed Connecticut Water Quality Standards Regulations
The Water Quality Standards set the overall policy for management of surface water and ground water quality in accordance with the state and federal clean water programs. They designate use goals, define allowable discharges, and identify measures necessary to maintain the chemical, physical, and biological integrity of Connecticut’s waters, provide for the protection and propagation of fish, shellfish, and wildlife, for recreation in and on the water, and to protect public and private drinking water supplies.
The established Water Quality Standards go through a public review process in accordance with state statute and federal law. The most recent revision of the Standards was finalized February 25, 2011.
These regulations are being proposed by the Commissioner of the Department of Energy and Environmental Protection under the authority of section 22a–426 of the Connecticut General Statutes (CGS). This section of the CGS was recently amended to require the promulgation of the state’s Water Quality Standards as regulations. The proposed regulations codify the existing Standards into a regulatory format in fulfillment of the statute’s requirements.
The proposed regulations will be known as the Connecticut Water Quality Standards Regulations.
The proposed regulations include, but are not limited to, provisions regarding: 1) short title and description; 2) purpose, goals and applicability; 3) definitions; 4) surface waters; 5) biological condition gradient model; 6) lake trophic categories; 7) ground waters; 8) antidegradation standards and antidegradation implementation policies; and 9) environmental criteria.
ADEQ Reaches $9,000 Settlement for Failing to Register the Storage of Vehicle Tires Outdoors
Arizona Department of Environmental Quality officials announced recently that a $9,000 settlement has been reached with Arlington Land, LLC, of Buckeye in Maricopa County for failure to register the storage of more than 100 vehicle tires outdoors with ADEQ.
The Solid Waste Inspections and Compliance Unit (SWICU) inspected the Maricopa County site in May 2010. In addition to the company not registering the tires, “No Smoking” signs were not posted at the site and the company also did not have required fire extinguishers. A Notice of Opportunity to Correct was issued at that time.
After another inspection in July 2010 found no correction of the situation, a Notice of Violation was issued. A later inspection revealed that Arlington had constructed a tire wall as well as met the requirements of the earlier NOV.
Tennessee Salvage Company Owners and Operators Plead Guilty to Conspiring to Violate the Clean Air Act
Three owners and operators of a Tennessee salvage and demolition company, A&E Salvage, Inc., pleaded guilty in federal court in Greeneville, Tennessee, for conspiring to violate the Clean Air Act.
Newell (Nick) Smith, Armida Di Santi, and Milto Di Santi pleaded guilty before US District Court Judge Greer for the Eastern District of Tennessee to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” salient to the proper wetting, stripping, bagging, and disposal of asbestos. According to the charges, Smith and the Di Santis, along with other co-conspirators, engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were improperly removed from components of the former Liberty Fibers Plant or were illegally left in place during demolition.
Smith and the Di Santis face up to five years in prison and a fine of up to $250,000 or twice the gross gain or loss to the victims.
Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. The EPA has determined that there is no safe level of exposure to asbestos.
This case was investigated by Special Agents of the Environmental Protection Agency. The case is being prosecuted by Assistant US Attorney Matthew T. Morris of the US Attorney’s Office for the Eastern District of Tennessee and Trial Attorney Todd W. Gleason of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
California Proposes Maximum Allowable Dose Levels (MADLs) for the Chemical Methanol
On March 16, 2012, the Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Proposed Rulemaking proposing Maximum Allowable Dose Levels (MADLs) for the chemical methanol and amending Title 27, California Code of Regulations, section 25805(b). A public comment period was provided from March 16 to June 25, 2012. A public hearing was held on May 7, 2012. Four written comments were received by OEHHA.
The Office of Administrative Law (OAL) approved the adoption of the MADLs for methanol and the amendment to Title 27, California Code of Regulations, section 25805(b) on April 10, 2013. The regulation was filed with the Secretary of State on April 10, 2013, and will become effective July 1, 2013. OEHHA announces the availability of the regulatory text and the supporting rulemaking documents.
State Water Board Effort to Root out Suspected Fraudulent Billings to the Underground Storage Tank Cleanup Fund
The program was initially launched as a pilot program on January 27, 2010, at the time a $1.2 million settlement was being finalized against E2C Remediation, Inc., a Central Valley environmental consulting firm. The Fraud, Waste and Abuse Prevention (FWA) Unit ferrets out patterns of fraud against the UST Cleanup Fund, then investigates and develops cases to refer to the State Attorney General’s Office for potential criminal and/or civil prosecution.
“Since the pilot program began we’ve received many complaints and tips about fraud against the UST Cleanup Fund, so it only makes sense to make the FWA Unit a permanent fixture at the Office of Enforcement,” said Cris Carrigan, Director of the Office of Enforcement. “The new fraud prevention unit is the best tool we can use to put an end to fraud and deter future fraudulent schemes. The citizens of California deserve no less.”
Since 2010, the FWA Unit has referred cases to the Attorney General’s Office that have resulted in criminal and civil complaints being filed and search warrants being conducted at three consultant’s offices.
The FWA Unit includes a staff of seven with diverse professional backgrounds. Staff has experience working for the UST Cleanup Fund, consulting firms, regulatory agencies, and in enforcement. Special assistance is provided by the UST Cleanup Fund, the Department of Toxic Substances, and the Air Resources Board.
The UST Cleanup Fund, financed by a two-cent per-gallon gasoline storage fee, is used to reimburse up to $1.5 million per site for cleanup of petroleum releases at underground storage tank facilities. There are approximately 3,700 active claims to the UST Cleanup Fund for reimbursement. The UST Cleanup Fund has reimbursed $2.9 billion for eligible costs since 1992. Approximately 6,500 UST Cleanup Fund sites have been cleaned up and closed since the program’s inception in 1989.
Pyrethroid Pesticides Increase in Latest Pollution Trends Monitoring Study of California Stream Bed Sediments
A popular form of insecticide is showing up in significantly higher levels in samples of California stream bed sediments, according to the latest Stream Pollution Trends monitoring program study.
The Stream Pollution Trends (SPoT) monitoring program is an annual assessment of a sample of large watersheds across California to determine how stream pollution concentrations are affected by urban and agricultural land use.
The pyrethroid pesticide residue was detected in 85% of the statewide samples taken in 2010, the latest samples analyzed. The pesticide was detected in 55% of the 2008 samples. Pyrethroids are a man-made pesticide used in many household insecticides and pet sprays, as well as in public mosquito control programs.
Concentrations of several other classes of organic chemicals, including DDT and PCB’s in sediment decreased or remained unchanged in the SPoT program study. Metals in sediments were unchanged between 2008 and 2010.
Industrial compounds, some metals and many pesticides were found at higher concentrations in urban watersheds than in agricultural or open watersheds around the state.
The samples are analyzed for industrial compounds, pesticides, metals, and toxicity to aquatic organisms.
The first report that came out in 2012 assessed the status of large watersheds from the field year 2008. This report summarizes results of the 2009 and 2010 annual surveys and identifies chemicals of concern and the watershed land uses associated with their presence in streams. These data were compared to those of the 2008 SPoT sampling year, allowing a preliminary assessment of emerging trends.
Man Pleads Guilty to Illegal Discharges in State Waters
Carr William Brown, 53, of Vidalia entered a plea of guilty as a result of the illegal discharges of pollutants into state waters in Cameron Parish, Louisiana. Brown is an employee of Mandeville-based T&F Oil Company.
Brown, along with his brother, Lobdell Percy Brown, the owner of T & F Oil, were indicted on October 21, 2011, by a Cameron Parish Grand Jury as a result of two willful and illegal discharges of oil and chlorides into the waters of the state, along with five additional spills that went unreported from sites located in the Little Chenier oilfield in Cameron Parish. Carr Brown dumped oilfield wastes from a production facility owned and operated by T&F Oil into Little Chenier. The waste contained oil and produced water.
The discharges were in violation of the Louisiana Pollutant Discharge Elimination System. Following the indictment, a warrant was issued for their arrest.
For his part in the illegal discharges and unreported spills, Carr Brown was sentenced to 3 years of probation and a $5,000 criminal fine. The plea is a result of the investigation conducted by the Louisiana Department of Environmental Quality’s Criminal Investigation Division and the Louisiana Environmental Crimes Task Force.
“Anyone who makes the decision to blatantly pollute our environment will be met with severe legal consequences as a result of that decision,” said DEQ Secretary Peggy Hatch. “DEQ’s strong relationship with its local, state and federal partners allows us far-reaching authority to investigate and aggressively prosecute any individual or business in the state who chooses to evade environmental laws.”
New Jersey Fertilizer Law to Reduce Pollution and Keep Waterways Clean
The Christie Administration’s law aimed at reducing pollution from lawn fertilizers is now being fully implemented this lawn care season, with reformulated products designed to reduce environmental impacts now available through stores and suppliers across New Jersey.
The Department of Environmental Protection (DEP) is encouraging residents as they clean out flower beds, spread mulch and tune up mowers this spring to take a few minutes to become knowledgeable about the reformulated fertilizers and learn how to take other steps to reduce the impacts of poor lawn care practices on the environment. The second phase initiated the creation of a certification program for professional fertilizer applicators and lawn care providers.
Now the third phase has kicked in, with manufacturers providing fertilizers with reduced nitrogen and zero phosphorous content for use in most typical lawn care situations. There are exceptions, including when establishing or repairing turf or when a soil test indicates the need for phosphorous. The law applies only to lawn fertilizers, not those used in gardens. “The sale and use of reformulated lawn fertilizer products is now mandatory throughout the state,” said Michele Siekerka, DEP Assistant Commissioner for Water Resource Management. “These products are better for the environment and are still good for your lawn. Using them and using them properly is the responsible thing to do.”
Nitrogen and phosphorus are nutrients required for plant growth. A limited amount of these nutrients is important for healthy plant life. An overabundance, however, can be unhealthy for lawns. These nutrients when carried by storm water into lakes, rivers and streams, can stimulate excessive algae and aquatic weed growth, reducing dissolved oxygen and sunlight needed for healthy aquatic life. ““As residents rebuild from Superstorm Sandy, now is a good time to consider replacing your traditional lawn with native, drought-tolerant plants.”
Here are some helpful tips:
- Read fertilizer labels. All fertilizer products for turf must contain at least 20% slow-release nitrogen and zero percent phosphorus, unless a soil test demonstrates a need for more. Check the first and second number on the package for nitrogen and phosphate content (formula 26-0-3 for example, means no phosphate).
- Hiring a certified fertilizer applicator can help ensure the proper use of fertilizers. All professional fertilizer applicators and lawn care providers are now required to undergo training and become certified through the New Jersey Agricultural Experiment Station at Rutgers University.
- If you do apply fertilizer yourself, read and follow directions carefully. Use the proper spreader setting. Do not apply fertilizer if a heavy rain is expected. Sweep up excess fertilizer; and use proper fertilizing equipment. Additional information is available at the resource links provided below.
- Conserve water. Do not over water your lawn. Adjust sprinklers if water runs into the gutter. Water during cooler times of the day.
- Identify pests before spraying pesticides. Ask a specialist at your garden center for advice on how to treat for that specific pest. Use integrated pest management (IPM) methods to minimize chemical use in your garden. Many IPM methods do not even require the use of chemical pesticides.
- Reduce the amount of grass by planting ground cover. This reduces the need for fertilizers, herbicides and pesticides.
- Use natural pesticides such as milky spore and nematodes wherever possible. If you must use chemical pesticides, use them sparingly and in targeted areas.
- Have your lawn tested at the county Rutgers Cooperative Research and Extension office to determine if you need to fertilize. If so, use natural and slow-release nitrogen fertilizers and make sure to follow the manufacturer’s directions. Never apply to your lawn or garden if the weather calls for rain.
- Use a mulching mower instead of bagging grass clippings to reduce lawn wastes and to reduce the need for fertilizer. Do not put loose leaves or grass clippings in the street. Use them in a compost pile as a source for enriched soil. If you do need to dispose of leaves or grass clippings, contact your municipality to determine the appropriate method to dispose these wastes.
- If you must use herbicides, apply them directly to the weeds rather than broadcasting if possible. A healthy lawn will reduce weed growth.
- Use mulch on flower beds and gardens to prevent weeds from growing and to help absorb water.
- Use drought-resistant native plants in gardens and beds. These plants require less fertilizer and less water, thereby reducing the amount of potential polluted runoff.
“The DEP would like to recognize the members of the Healthy Lawns Healthy Waters Workgroup and the New Jersey Agricultural Experiment Station at Rutgers University for their continued cooperation, guidance and support with implementing the state’s new fertilizer law,’’ said Kerry Pflugh, Manager of DEP’s Office of Constituent Services. “We also give two green thumbs up to the companies, fertilizer applicators, homeowners and property owners who are already complying with this law and helping to keep it green and keep it clean,” she said.
Pasadena Septic Firm Pleads Guilty to Water Pollution Charges
Maryland Attorney General Douglas F. Gansler announced recently that A-1 Septic Services, Inc., a Pasadena septic waste and wastewater hauler, pleaded guilty to illegal water pollution discharges in the District Court for Baltimore County. The incident involved the spillage of industrial wastewater on the Frances Scott Key Memorial Bridge in January 2012. Judge Lawrence Daniels ordered the company to pay a $5,000 fine, suspending all but $2,500, to the Maryland Clean Water Fund. A-1 Septic Services was placed on three years unsupervised probation.
"Improving and protecting the waters of Chesapeake Bay and its tributaries is a campaign we must pursue on many fronts in order to be successful," said Attorney General Gansler. "We'll see progress when those responsible know that polluting these waters, by accident or design, comes with a price."
The case was investigated and pursued by Attorney General Gansler's Environmental Crimes Unit (ECU) after a unit investigator observed the spill while driving on the Francis Scott Key Memorial Bridge. At that time, the investigator spotted a leaking valve on a septage hauling truck owned and operated by A-1 Septic Services. The truck was transporting industrial wastewater to the Back River Wastewater Treatment Plant for proper disposal.
The Owner of A-1 Septic arrived at the scene and cleaned up the spillage as directed by the investigator. There was a stormwater drain approximately 15 feet away from the spill, placing the pollutant in a position likely to pollute the waters of the State.
Attorney General Gansler reminds all citizens to report violations of illegal water discharges to the Maryland Department of the Environment at 866-MDE GO TO (866-633-4686) or, the Attorney General's Environmental Crimes Unit at 410-537-3333.
MPCA Completes 51 Enforcement Cases in First Quarter of 2013
In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency concluded 51 enforcement cases in 36 counties throughout Minnesota during the first quarter of 2013.
Penalties from all 51 cases totaled more than $190,000. Twenty% of these cases were for various air quality violations that totaled just over $51,000.
Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff continue to provide assistance, support and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.
California and Qu?bec to Link Cap-and-Trade Programs
California's cap and trade program marked a major milestone when the Air Resources Board voted to approve a date of January 1, 2014, to officially link California's cap-and-trade program with that of the Canadian Province of Qu?bec.
"The Board's action today broadens the environmental impact of California's cap-and-trade program and helps fight climate change by reducing greenhouse gases, “said Air Resources Board Chairman Mary D. Nichols. "California retains absolute control over its own program, and the larger carbon market overall provides additional options for California businesses.
California and Qu?bec have worked together over the past four years to develop their respective cap-and-trade programs to provide for potential linkage. That joint effort and experience help ensure that the two programs will complement one another and provide covered facilities in both jurisdictions with the benefits of a larger program.
The linkage agreement also provides an opportunity to closely monitor and fine-tune these first two programs, setting the stage for similar arrangements with other jurisdictions that are committed to reducing GHGs.
Governor Brown recently supported the Board's action when he formally indicated that the Qu?bec program is as stringent as California's, a finding required by legislation passed last year. The Governor's decision to move forward was supported by a legal analysis of the linkage with Qu?bec by Attorney General Kamala Harris.
In his letter, the Governor also noted that now "CARB and the Qu?bec Ministry of Environment will test and evaluate their auction platforms and trading systems to ensure that they are fully compatible and ready to be implemented, and that linkage can be accomplished without disruption to California's program."
How it works:
- Each jurisdiction will accept the other’s carbon allowances and approved offsets for compliance under their respective cap-and-trade program
- The two jurisdictions will share the Compliance Instrument Tracking System Service for tracking allowances and approved offsets
- California and Qu?bec will share the online auction platform
- Jurisdictions will share market monitoring services and information
- Both will be supported by WCI, Inc. for basic administrative functions
- Both will maintain control over their respective programs
Benefits to California:
- Expands environmental impact of GHG emissions reduction effort
- Larger pool of available allowances and approved offsets
- Provides additional opportunities for investment in the carbon market
- Provides a template for possible future linkage with other programs
Air Resources Board staff will work closely with their Qu?bec counterparts between now and the implementation date to complete harmonization of program technology, processes and procedures in preparation for the first linked cap-and-trade auction. No date is yet set for the first California- Qu?bec joint auction.
MPCA Urges Preparation of Fuel Storage Tanks for Possible Flooding
With snowmelt and more rain and snow expected, the Minnesota Pollution Control Agency (MPCA) is urging Minnesotans to prepare their fuel oil, gasoline and other petroleum tanks for possible flooding.
Because water is heavier than fuel, floodwater can enter buried and uncapped tanks, forcing fuel out, into yards or residences with tanks in their basements.
Doug Bellefeuille, emergency responder at the MPCA’s Detroit Lakes office, said farmers and other rural residents who have underground fuel storage tanks should make sure their tanks are vented above the height of potential floodwater.
If you have an above-ground storage tank, it will also need attention. “The best way to prepare an above-ground fuel storage tank for a flood is to have it emptied,” Bellefeuille advised. “Your bulk fuel distributor can do that. If that’s not possible or practical, the tank should be secured to concrete anchors or dead men in the ground so it can’t float away or turn over, spilling its contents.”
If floodwater comes into contact with unsecured fuel oil tanks in basements, it will cause them to become unstable, tip over and/or float on the surface of the water. If a tank’s vent, fill pipe or other openings are not watertight, floodwater will enter the tank and displace the fuel into the home or office.
“A fuel spill in a home can be very costly,” Bellefeuille said. “In addition to creating possible fire and environmental hazards, the fuel will be absorbed by any porous material it comes in contact with, such as wood, cinder block, carpet and drywall. Once that happens, fuel vapors may persist in the building indefinitely.”
Bellefeuille said these steps will help prevent spilling or leaking of fuel from an indoor tank in the event of a flood:
- If floodwater is expected to be high enough in your home or office to cause your tank to tip over or float, have a bulk fuel distributor remove the fuel from the tank and plug its vent and fill pipes. Although this will make the tank more buoyant in water, it will prevent or reduce leakage of fuel into your home or office should floodwater tip the tank over or enter it through an opening.
- The tank may float like a bobber if your basement becomes flooded. Secure the tank in such a way that it will be kept in an upright position if floodwater causes it to float. Anything used to secure the tank must be able to withstand buoyancy forces. The fill and vent should be plugged to prevent water from entering the tank and displacing the fuel.
- If floodwater gets into your home or office but does not come into contact with the tank, monitor the situation to ensure that the tank’s supports are secure and its stability is not undermined by the water.
- If the tank is no longer in service, remove the unused equipment, including all piping, and seal the vent and fill openings on the building.
- Underground tanks at commercial facilities should be topped off and their vents and fill openings sealed so the tanks are watertight.
Tank owners who notice that their tanks have leaked must report the leak to the Minnesota Duty Officer at 800-422-0798. Tank owners with questions may call the MPCA’s offices in Detroit Lakes, Marshall, Willmar, Rochester, Brainerd, St. Paul, or Duluth at 800-657-3864.
Washington Municipalities Agree to Upgrade Combined Stormwater Systems
The state of Washington was a co-plaintiff and partner in these settlements.
“Today’s settlement will substantially reduce overflows of sewage-contaminated stormwater into the Puget Sound and other area waterways and significantly benefit the environment and health of residents of King County and Seattle,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The agreement provides a long-term planning approach to managing the area’s stormwater that integrates green infrastructure and requires improvements to system-wide sewer operations and maintenance.”
“EPA is working with cities and counties to find smart, effective solutions to reduce raw sewage and contaminated stormwater,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlements allow Seattle and King County to use innovative solutions, like green infrastructure, to help dramatically improve local water quality.”
“We’re pleased with the commitments King County and Seattle make in these legal agreements to reduce and control these overflows off Seattle’s shores,” said Maia Bellon, Washington state Director of Ecology. “The Consent Decrees allow flexibility in selecting and coordinating clean water projects, while setting firm dates to finish the job.”
Both agreements allow the city and county to use an integrated planning approach, which encourages communities to set their own clean water project priorities and invest in fixing the most pressing problems first. The settlements also require King County and Seattle to develop and implement a joint plan to improve system-wide operations and maintenance, since Seattle conveys the combined sewage it collects to King County’s system for treatment prior to discharge.
Under the terms of the county settlement, King County will implement a long-term plan for controlling sewer overflows. By implementing these measures, King County will reduce its raw sewage discharges by approximately 95 to 99%, better protecting Puget Sound, Lake Washington and the Duwamish River from sewage-laced overflows. The improvements and upgrades are expected to cost approximately $860 million. In addition, King County will pay a civil penalty of $400,000.
The agreement allows the county to substitute green infrastructure projects, like green roofs, permeable pavements and urban gardens, which help reduce the demands on local sewer and stormwater systems, at four of its sewer overflow control projects.
Between 2006 and 2010, King County discharged approximately 900 million gallons of raw sewage to waters of the United States on an annual basis through discharges from its combined sewer system. During this time period, the county also violated the effluent limitations of its discharge permit, including fecal coliform at more than one of its wastewater treatment plants, and allowed wastewater to bypass secondary treatment at one of its wastewater treatment plants in violation of its discharge permit and the Clean Water Act.
Under the settlement with the city of Seattle, the city will develop and implement a long-term plan for better controlling sewer overflows and improve system-wide operations and maintenance. The city will also implement plans to control fats, oils and greases, and reduce debris being discharged by the system. In addition, the settlement provides Seattle with the opportunity to also use an integrated planning approach and to substitute green infrastructure at several of its sewer overflow control projects. By implementing these measures, the city will reduce its raw sewage discharges by approximately 99% at an estimated cost of $600 million. Seattle will also pay a civil penalty of $350,000.
Between 2007 and 2010, Seattle discharged approximately 200 million gallons of raw sewage into area waterways on an annual basis. During this time period, the city also improperly operated and maintained its sanitary sewer system, resulting in unauthorized discharges of raw sewage to public and private properties, including basement backups.
Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of the EPA’s top priorities. Reductions in sewer and stormwater overflows are accomplished by obtaining cities’ commitments to implement timely, affordable solutions to these problems, which may also include the use of Integrated Municipal Stormwater and Wastewater Plans. This approach can also lead to more sustainable and comprehensive solutions, such as green infrastructure, that improve water quality and enhance community vitality.
Communities Ask Court for Protection from Toxic Air Pollution
Recently, environmental and community groups asked a federal court to stay a decision by the EPA to weaken and delay Clean Air Act protection against toxic pollution from cement plants. By the agency’s own calculations, the delay will cause between 1,920 and 5,000 avoidable deaths and will allow cement plants to release an additional 32,000 lb of mercury into the environment.
The groups seeking relief are Cape Fear River Watch, Citizens’ Environmental Coalition, Desert Citizens Against Pollution, Downwinders at Risk, Friends of Hudson, Huron Environmental Activist League, Montanans Against Toxic Burning, PenderWatch & Conservancy, and Sierra Club, all of which have members who live and work in close proximity to cement plants and have suffered from cement plants’ excessive pollution for many years. Earthjustice filed the stay motion on their behalf in the US Court of Appeals for the D.C. Circuit. Read the groups’ motion.
Cement plants are among the nation’s worst polluters, emitting vast quantities of particulate matter, mercury, lead, and other hazardous air pollutants.
“As if gutting and delaying the rule were not bad enough, EPA has essentially created a compliance shield for the industry, making it impossible for citizens to hold facilities accountable for their toxic emissions. These changes in the cement rule are irresponsible and reckless,” said Jennifer Swearingen, of Montanans Against Toxic Burning.
“Los Angeles is ringed by cement plants, and three of them operate near my home in Rosamond,” said Jane Williams, of Sierra Club and Desert Citizens Against Pollution. “The pollution from these plants hurts the people in this community and robs us of the outdoor lifestyle we came here to enjoy. We can’t wait two more years to get relief from these plants’ pollution. I don’t want anyone in these communities to be among the people this pollution is going to sicken and kill.”
Midlothian, Texas is considered the cement capital of the United States. Jim Shermbeck, of Downwinders at Risk, is working to keep these plants