EPA Proposes NESHAP Revisions for Off-Site Waste and Recovery Facilities

July 07, 2014

 In light of EPA’s residual risk and technology review, the Agency is proposing to amend the requirements for leak detection and repair and the requirements for certain tanks. In addition, the EPA is proposing amendments to revise regulatory provisions pertaining to emissions during periods of startup, shutdown and malfunction; add requirements for electronic reporting of performance test results; revise the routine maintenance provisions; clarify provisions pertaining to open-ended valves and lines; add monitoring requirements for pressure relief devices; clarify provisions for some performance test methods and procedures; and make several minor clarifications and corrections.

Cleveland RCRA and DOT Training

 

Greensboro RCRA and DOT Training

 

Dallas RCRA and DOT Training

 

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

 

  • Does the rule apply to both cloth and paper wipes and rags?
  • What solvents can be on the towels, and which are prohibited?
  • Does the rule also apply to towels that contain characteristic hazardous waste?
  • Can P or U-listed wastes be on the towels?
  • How must the towels be stored on-site?
  • Do they need to be tested for anything?
  • How long can they be stored?
  • How must the containers be marked or labeled?
  • How must they be prepared for transportation?
  • Where can you ship them and what are the disposal and recycling options?
  • What are the documentation requirements?
  • How is the new rule impacted by current state regulations?

 

How to Implement OSHA’s Globally Harmonized Hazard Communication Standard

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.

 

EPA to Require Reductions in Methane, Other Harmful Pollution from New Landfills

. These updates would require certain landfills to capture additional landfill gas, which would reduce emissions of methane, a potent greenhouse gas (GHG), and help further reduce pollution that harms public health. The agency also is seeking broad public feedback on how and whether to update guidelines for existing landfills.

Non-hazardous waste from homes, business, and institutions ends up in municipal solid waste landfills, where it decomposes and breaks down to form landfill gas, which includes carbon dioxide, a number of air toxics and methane. Methane has a global warming potential 25 times that of carbon dioxide.

“Reducing methane emissions is a powerful way to take action on climate change,” said Administrator Gina McCarthy. “This latest step from the President’s methane strategy builds on our progress to date and takes steps to cut emissions from landfills through common-sense standards.”

The recent proposal would require new MSW landfills subject to the rule to begin controlling landfill gas at a lower emissions threshold than currently required. Under the proposal, landfills would capture two-thirds of their methane and air toxics emissions by 2023—13% more than required under current rules. EPA estimates the net nationwide annual costs of complying with the additional requirements in the proposed rule would be $471,000 in 2023.

Methane accounts for nearly 9% of all GHG emissions in the United States, and landfills are the third-largest source of human-related methane in the country, accounting for 18% of methane emissions in 2012. Regulatory and voluntary programs, including the agency’s Landfill Methane Outreach Program, have helped reduce emissions from landfills by 30% from 1990 to 2012. However, without additional actions, methane emissions are projected to increase through 2030.

EPA also issued an Advance Notice of Proposed Rulemaking (ANPR) seeking broad public input on whether and how to update current emissions guidelines for existing landfills to further reduce their emissions, including methane. The agency is considering updating those guidelines based on a several factors, including significant changes that have occurred in the landfill industry since the original guidelines were issued in 1996. Nearly 1,000 MSW landfills in the US currently are subject to either the 1996 emission guidelines for existing landfills or the 1996 NSPS for new landfills.

EPA will take public comment on the proposed performance standards updates and the ANPR for 60 days after they are published in the Federal Register. If a hearing is requested, it will be held on August 12, 2014 in Washington, D.C.

US Court of Appeals Throws out Dangerous Loopholes for Burning Hazardous Waste

The groups that successfully challenged these exemptions were Natural Resources Defense Council (NRDC), Sierra Club, and Louisiana Environmental Action Network (LEAN). Earthjustice represented the groups in court.

In the first case, Natural Resources Defense Council v. EPA, the Court vacated an exemption that allowed chemical plants, refineries, and a wide variety of other industrial facilities to burn many types of hazardous wastes without meeting requirements to control the resulting pollution and prevent spills and explosions. In a companion case, Sierra Club v. EPA, the Court vacated a similar exemption that allowed refineries to burn hazardous wastes in gasification units without meeting federally required hazardous waste safeguards.

EPA and Partners to Talk About Wastewater Technologies

EPA will be presenting and exhibiting on the initiatives underway with their partners as well as on SepticSmart, EPA's homeowner education program. Advanced treatment system technology and water reuse are two of the hot topics this year. Use of these technological advancements is more important than ever in conserving water and protecting water quality in areas where sewers are unavailable and/or unaffordable.

Fort Wainwright Reduces Water Contamination Risk from Fuel Tanks

The US Army is taking steps to improve management of its fuel storage tanks and comply with federal laws designed to protect groundwater at Fort Wainwright Garrison, located near Fairbanks, Alaska, according to a settlement with the EPA.

 

“Underground tanks hold hundreds or even thousands of gallons of fuel and other liquids that can leak into groundwater if not properly maintained,” said Peter Contreras, manager of the Groundwater Unit at the EPA Seattle office. “Communities in Fairbanks, including those living at Fort Wainwright, depend on groundwater for drinking water. Fuel tanks have to be in compliance and in good working order to protect water resources.”

Fort Wainwright uses the tanks, some of which have a capacity to hold up to 30,000 gallons, to store gasoline, diesel, used oil, jet fuel, and anti-freeze. These products are used in vehicles; jets; emergency generators; ski hill and golf course maintenance carts; and other equipment. EPA found that 19 tanks out of a total of 20 tanks at Fort Wainwright were out of compliance.

Fort Wainwright has hired a new operator who will manage compliance with federal and state underground storage tank requirements. In addition, some of the tanks have been decommissioned and taken out of service.

 

Ruuhwa Dann & Associates, Inc. Violates Hazardous Waste Laws

The California Department of Toxic Substances Control (DTSC) recently announced it has reached a $36,000 settlement with Ruuhwa Dann & Associates, Inc., operator of Cal Micro Recycling for allegedly violating hazardous waste laws at a facility it formerly operated in San Bernardino County.

Ruuhwa Dann & Associates collected and recycled old or unused cathode ray tubes and electronic devices at its former facility at 1541 Brooks St. in Ontario. The waste is considered hazardous.

Under the terms of the Consent Order (CO), signed on June 27, 2014, Ruuhwa Dann & Associates will pay DTSC a total of $36,000, of which $20,842 is an administrative penalty, and $15,158 is reimbursement of costs incurred by DTSC. Ruuhwa Dann & Associates corrected the violations.

The settlement stems from violations that a DTSC inspector observed during the May 9, 2013 inspection. The inspector noted:

  • Failure to conduct hazardous waste treatment activities over, or in, a containment device to contain any hazardous substances that might be released to the environment.
  • Failure to submit a closure plan, no later than 30 days prior to initially conducting treatment activities.
  • Failure to maintain financial ability to respond in damages resulting from the operation of the facility.
  • Failure to prepare and submit documentation demonstrating financial assurance for closure to fund the cost estimate for facility closure.

Washington State to Set Guidance for Reclaiming Wastewater

Every year, millions of gallons of water go down the drain that could be re-used.

The state Department of Ecology is developing guidance for local governments so they have an approved, standardized approach to reclaim water.

“Water is our most precious natural resource and is declining in many parts of our state,” said Ecology Director Maia Bellon. “If we can be more efficient, it will help us balance competing needs—providing water for people while protecting stream flows for fish."

Reclaimed water is treated by sewer plants to ensure it’s safe for non-drinking uses, such as irrigating crops, flushing toilets, or even controlling dust.

Reclaimed water can also be a resource to create, restore, and enhance wetlands, recharge underground water supplies, and increase flows in our rivers.

Work that was paused in 2010 during the economic recession now picks up where the state left off. Ecology has “restarted the clock” on the official rule-making process, going back to the beginning of that formal process, but not on the development and writing of the rule.

The completed rule will provide technical standards and a predictable and efficient regulatory review and permitting process for local governments to reclaim water.

Ecology’s goal is for greater regulatory certainty when facilities want to reclaim water.

Ecology will begin the reclaimed water rule-making process by hosting a statewide videoconference workshop from 1:30 to 3:30 p.m. on July 14. 

Ecology will reinstate a Rule Advisory Committee to address lingering issues or questions with the rule as needed.

EPA Settlement Resolves Clean Water Act Violations Affecting Baltimore Creek

 

Brent McMinn agreed to pay a $20,000 civil penalty as part of the settlement filed by EPA Region 7 in Lenexa, Kansas.

 The tributaries are classified as waters of the US by the CWA. The work was performed without a permit issued pursuant to Section 404 of the CWA. The USACE referred the case to EPA after discovering the violations.

Unauthorized fill activity degrades watershed health, results in habitat loss, impacts stream channel configuration, decreases biological diversity, and limits the movement of fish, other aquatic organisms, and organic material. Such activity can also deprive downstream landowners and the public from the use and enjoyment of public waters.

As part of the settlement agreement, McMinn has certified that he is now in compliance with the Clean Water Act. The consent agreement is subject to a 40-day public comment period before it becomes final.

 

New Title 24 Standards Will Cut Residential Energy Use, Save Water, and Reduce Greenhouse Gas Emissions

Updated building standards, designed to get more energy savings from new and existing residential and nonresidential buildings, take effect July 1 in California. The 2013 Building Energy Efficiency Standards (Title 24) will lead to 25% less energy consumption for residential buildings and 30% savings for nonresidential buildings over 2008 Energy Standards.

"These new Title 24 standards will help California buildings function beautifully and economically. The most effective way to optimize building performance is during construction," said Commissioner Andrew McAllister who oversees the Energy Commission's energy efficiency division. "Standards are a foundational part of California's long-term goals for meeting our energy needs, conserving resources, and protecting the environment."

The 2013 standards update codes for lighting, space heating and cooling, ventilation, and water heating. These standards add approximately $2,000 to the new residential building construction costs. Estimated energy savings to homeowners, however, is more than $6,000 over 30 years. In total, these standards are estimated to save 200 million gallons of water (equal to more than 6.5 million wash loads) and avoid 170,500 tons of GHG emissions a year.

The significant changes to the Building and Standards code are the first update since California's energy agencies agreed upon a Zero-Net Energy goal: all new residential buildings by 2020 and new nonresidential buildings by 2030. The 2016 and 2019 Building Energy Efficiency Standards will move the state even closer to the Zero-Net Energy goal.

New standards call for:

Residential

  • Insulated hot water pipes to save water and energy, and cut the time it takes to get hot water
  • Improved window performance to reduce heat loss during winters and heat gain during summers
  • Whole house fans when appropriate, to reduce the need for air conditioning
  • Improved wall insulation to reduce heating and cooling loads in all climate zones
  • Mandatory duct sealing in all climate zones
  • Mandatory solar ready zone to facilitate future installation of solar systems
  • Recognizing photovoltaic compliance credit for the first time in the building standards

Nonresidential

  • High performance windows that reduce heating and cooling loads in buildings year round
  • Efficient process equipment in grocery stores, commercial kitchens, data centers, laboratories, and parking garages
  • Advanced multi-level lighting controls and sensors to minimize the usage of electric lighting by taking advantage of available daylighting and demand response opportunities
  • Occupant Controlled Smart Thermostats allow for setting and maintaining a desired temperature and voluntarily participation in a utility's demand response programs
  • Increased solar reflectance for low-sloped roof to reduce cooling load in summer time
  • Increased cooling tower energy efficiency and water savings by requiring drift eliminators and other water saving measures

Standards for all types of buildings require "solar ready roofs" to accommodate future installations of solar photovoltaic panels. This is the first time photovoltaics are included as a compliance option.

To help the industry meet the 2013 standards, the Energy Commission developed public domain software to assist with compliance. The California Building Energy Code Compliance (CBECC) software is a free, open-source program that models residential and nonresidential buildings, giving businesses a better understanding of what is required to be in compliance. The CBECC platform provides more consistent simulation results, and facilitates compliance analysis within third-party building energy design tools. In addition to CBECC, there are three additional available vendor software programs to help designers, builders, contractors, and others measure and evaluate results.

"The development, adoption and roll out of the 2013 Title 24 standards have been a major priority for the Energy Commission," McAllister continued. "They are a critical piece of any strategy for California to reach our emission reduction targets in 2020 and beyond."

California's first building energy efficiency standards went into effect in 1978. The standards are periodically updated to allow new energy efficient technologies and construction methods for consideration and incorporation. The standards will save energy, increase electricity supply reliability, increase indoor comfort, avoid the need to construct new power plants, and preserve the natural environment.

 

Industrial Finishing Services Investigated by MPCA for Air Quality, Hazardous Waste Violations

Industrial Finishing Services (IFS), a metal coating company, has been the subject of a Minnesota Pollution Control Agency (MPCA) investigation for air quality and hazardous waste violations at its facility in Perham.

The company needed a piece of equipment called a thermal oxidizer to control hazardous air pollutants associated with coatings the company uses. Because IFS’s emission levels were increasing, the company should have applied for a different category of permit in 2009 but did not do so until 2014. The violations were discovered during the application process for the new permit.

The MPCA also discovered the company had begun construction on a new expansion before receiving a required MPCA permit, and found other issues with contingency planning, personnel training, use of a non-licensed site for hazardous waste disposal and pollution risks posed by hazardous waste at the facility.

The company has agreed to changes that will bring the facility into compliance with air pollution and hazardous waste regulations. Many of the corrective actions have been completed. The company has also agreed to pay a $60,000 civil penalty.

When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.

Environmental News Links

 

Trivia Question of the Week

If Americans were to turn off or unplug devices that are left in stand-by mode, they could save how much money per year?

a) $11 million

b) $111 million

c) $1 billion

d) $11 billion