EPA Proposes New Draft General NPDES Permit for Direct Discharges in Region 5

September 24, 2012

 Once finalized, this permit will be available to eligible surface discharging system owners or operators who submit an administratively complete notice of intent to be covered by the general permit, including the technological and economic feasibility analyses. Comments are due on or before 15 November 2012. For additional information, contact Mark Ackerman, EPA, Region 5, NPDES Programs Branch--WN-16J, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590; 312-353-4145.

Companies Join EPA Challenge for Safe Management of Used Electronics

EPA Deputy Assistant Administrator for Solid Waste and Emergency Response Lisa Feldt, joined by leaders from Best Buy, LG Electronics, Panasonic, Samsung, Sharp, Sprint, and Staples, made the announcement at Vintage Tech Recyclers, a certified electronics recycling facility in Romeoville, Illinois.

“Already, the US generates almost 2.5 million tons of electronic waste per year—and that number will only grow. Used electronics have materials in them that can be recovered and recycled, reducing the economic costs and environmental impacts of securing and processing new materials for new products,” said EPA Administrator Lisa. P. Jackson. “The SMM Electronics Challenge will help us ensure that we are doing all we can to repurpose or safely dispose of the cell phones, computers, and other devices we use every day—all while helping to build a robust market for electronics recycling in the US.”

As the volume of used electronics continues to grow in the US and the world, so has the importance of safely managing and recycling used electronics. Electronics are made of valuable resources such as precious metals, copper, plastic, and glass—all of which require energy to mine and manufacture. Recycling or reusing these electronics conserves these materials and prevents greenhouse gas (GHG) emissions and other pollution.

By participating in the SMM Electronics Challenge, leaders in the electronics industry are committing to send 100% of the used electronics that they collect to third-party certified refurbishers and recyclers and to increase the amount of used electronics they collect. Through this challenge, EPA is providing a transparent and measurable way for electronic companies to commit to safe and environmentally protective practices for the refurbishment and recycling of used electronics, and publically show progress toward recycling goals.

Third-party recyclers, including Vintage Tech Recyclers, are expanding to meet growing demand for this accreditation. Vintage Tech Recyclers attributes 80% of new jobs added in the last two years to their third-party certification.

In conjunction with the release of the National Strategy in July of 2011, Dell, Sony, and Sprint committed to EPA to follow a set of responsible management practices with their used electronics. The commitments of these three companies formed the foundation from which the Electronics Challenge was developed.

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California Announces First Cap-and-Trade Auction

 

The allowances sold at the auction are for compliance with the state’s GHG reduction effort under the 2006 Global Warming Solutions Act (AB 32). Compliance with the program begins January 1, 2013, and includes nearly 600 industrial facilities and utilities.

The November 14 auction will take place during a three-hour bidding window (10am–1pm PST). A total of 61.2 million carbon allowances will be offered for sale. Allowances from the 2013 and 2015 vintages will be available. The vintage of an allowance determines the year in which it may first be used for compliance.

After the auction the following information will be publicly released:

  • Names of qualified bidders
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EPA Sets Bio-based Diesel Volumes for 2013

 

“This action, which meets goals designated by Congress, is another step that strengthens America’s energy security by reducing dependence on foreign oil,” said EPA Administrator Lisa P. Jackson.

EPA’s action sets the 2013 volume at 1.28 billion gallons under the Energy Independence and Security Act of 2007 (EISA), which established the second phase of the Renewable Fuel Standards program. EISA specifies a one billion gallon minimum volume requirement for the biomass-based diesel category for 2012 and beyond.

The law also calls on EPA to increase the volume requirements after consideration of environmental, market, and energy-related factors. This final action follows careful review of the many comments and additional information received since EPA proposed the volume in 2011.

CO2 from Water Pollution—as Well as Air Pollution—May Adversely Impact Oceans

Carbon dioxide (CO2) released into the oceans as a result of water pollution by nutrients—a major source of this GHG that gets little public attention—is enhancing the unwanted changes in ocean acidity due to atmospheric increases in CO2. 

William G. Sunda and Wei-Jun Cai point out that atmospheric levels of CO2, the main GHG, have increased by about 40% since the Industrial Revolution due to the burning of fossil fuels and land-use changes. The oceans absorb about one-third of that CO2, which results in acidification from the formation of carbonic acid. However, pollution of ocean water with nutrient runoff from fertilizer, human, and animal waste, and other sources also is adding CO2 via the biological breakdown of organic matter formed during algal blooms, which also depletes oxygen from the water.

Sunda and Cai developed a computer model to project the likely consequences of ocean acidification from this process both currently and with future increases in atmospheric CO2. The model predicted that this process will interact synergistically with the acidification of seawater from rising atmospheric CO2 in seawater at intermediate to higher temperatures. Together, the two ocean processes are predicted to substantially increase the acidity of ocean waters, enough to potentially impact commercial fisheries in coastal regions receiving nutrient inputs, such as the northern Gulf of Mexico and Baltic Sea. Clams, oysters, scallops, and mussels could be the most heavily impacted, the report indicates.

Kinder Morgan Fined for Risk Management Plan Violations at Natural Gas Plants

 In addition, the company has agreed to establish new operating procedures, improve equipment maintenance, and perform integrity tests on pressure vessels to reduce the possibility of an accidental release of hazardous chemicals at both facilities.

Under the CAA, facilities that contain hazardous and flammable substances above specified thresholds must develop and submit a RMP to assist with emergency preparedness, chemical release prevention, and minimization of releases that occur. EPA inspectors found that the Kinder Morgan facilities had not adequately implemented those regulations.

Alaska Gold Settles With EPA for CWA Violations at Mine Site

The Alaska Gold Company has paid a penalty for alleged Clean Water Act (CWA) violations at the Rock Creek mine near Nome, Alaska. 

In addition to paying a $177,500 penalty, the company has already taken corrective actions to comply by submitting and implementing an upgraded Stormwater Pollution Prevention Plan and reclaiming a portion of the area disturbed during construction.

EPA and the Alaska Department of Environmental Conservation (DEC) performed six inspections at the mine between June 2009 and September 2011, which revealed numerous alleged violations of federal construction stormwater regulations.

Infractions included drainage channels without rock armoring, creating bank erosion, and undercutting and sloughing of channel sidewalls. Inspectors also noted areas where proper erosion control measures were not installed or maintained, which caused the discharge of large amounts of silt and sediment to Rock Creek and Lindblom Creek.

The company also failed to create, maintain, and implement an adequate Stormwater Pollution Prevention Plan that met all requirements of the NPDES General Permit for Storm Water Discharges from Construction Activities.

Both Rock Creek and Lindblom Creek are tributaries to the Snake River, which enters the Bering Sea near Nome.

EPA Fines Biosearch Technologies for Hazardous Waste Violations

Biosearch Technologies is a large quantity generator of hazardous waste in an industrial area of the city located in Marin County. The company designs and manufactures products, such as DNA sequencing kits, for the discovery of genetic information for medical and research uses.

As a result of an unannounced EPA inspection in February 2011, the company revamped its environmental management operations to ensure compliance with the law and improve facility efficiency. Biosearch went beyond the requirements of EPA’s enforcement actions to voluntarily invest over $140,000 to improve their operations. Biosearch conducted an independent audit, hired an environmental management specialist, and purchased new equipment as part of their improved operations.

The violations revealed by the EPA inspection include failure to manage hazardous waste in a closed container in good condition, and failure to comply with hazwaste training requirements for employees. The facility also did not meet requirements for contingency plans for accidents and emergencies.

 

Denbury Onshore, LLC, Fined a Third Time for Violating the CWA

The EPA has fined Denbury Onshore, LLC, of Alvin, Texas, $16,600 for violating the federal CWA.

On April 4, 2012, the EPA inspected the company’s Central Treating Station oil storage facility in Montgomery County, Texas, and found that the company had failed to develop and implement a Facility Response Plan (FRP) as required by federal regulations. The CWA requires oil storage facilities that have a storage capacity of one million gallons more to develop and implement an FRP to demonstrate a facility’s preparedness to respond to a worst case oil discharge. The facility’s drainage area travels to Crystal Creek, a tributary of the San Jacinto River, and the facility has a storage capacity of over three million gallons.

In July 2011, the company was fined $13,905 for a 7,560-gallon oil spill into Crystal Creek and $19,927 for a 14,700-gallon oil spill in July 2012.

The CWA prohibits the discharge of oil or a hazardous substance into or upon the navigable waters of the US or adjoining shorelines in such quantities that have been determined may be harmful to public health. The EPA is charged with enforcing the Act and ensuring that human health and the environment are protected from harmful impacts of these violations.

Louisiana Issues Penalty to Stolthaven for Failure to Notify in Timely Manner

The Louisiana Department of Environmental Quality (DEQ) issued a penalty today to Stolthaven in Braithwaite, Louisiana, for $12,189.61. The penalty was issued because the facility failed to notify DEQ of an emergency situation within one hour of the occurrence. DEQ was notified of a release of 1-octene and Ethyl Acrylate from the facility on September 1. The release occurred on August 30th in the aftermath of Hurricane Isaac.

DEQ issued the Stolthaven facility a notice of potential penalty on September 4 for failure to notify in a timely manner. By law, penalties cannot be assessed until after 10 days from this notification.

“During the first phase of the investigation into the incident at Stolthaven, we found the facility did not follow the regulations to report an emergency in a timely manner,” said DEQ Peggy Hatch. “We will continue to provide oversight to ensure Stolthaven cleans up the area properly. As the investigation continues, there could be additional enforcement actions with the possibility of fines up to $32,500 per day for each potential violation.”

General Electric Company Signs Agreement to Protect Drinking Water at Superfund Site; Drinking Water Impacted by VOCs

 GE will pay $50,000 of the EPA’s past costs associated with the site, as well as the EPA’s costs of overseeing the work under the agreement.

The drinking water of many properties had become contaminated by volatile organic compounds (VOCs) that seeped into the ground water from a facility on Genessee Street in Auburn, New York. GE and a related company, Powerex, Inc., manufactured semiconductors at the site. VOCs can cause serious damage to people’s health and the environment. In late 2000, in response to contamination detected in drinking water wells, the EPA installed treatment systems at 55 properties in order to provide safe drinking water. All but the four properties included in the agreement were eventually connected to public water supplies. The EPA has been maintaining the four treatment systems since 2001.

The site was added to the federal Superfund list in 2002. The EPA conducted an in-depth investigation of the extent of the contamination in order to determine how best to clean it up over the long term.

The EPA presented its proposed cleanup plan at a public meeting on August 2, 2012 in Union Springs, New York. The proposal divides the site ground water into three areas for planning purposes. For Area 1, which is the most contaminated area and is located immediately south of the former Genessee Street facility, the agency will use bioremediation. Bioremediation involves adding chemicals and biological enhancements to the ground water to promote the breakdown of the VOCs. The specific type of chemical and process to be used will be determined by the EPA as part of the design of the cleanup.

For the two other areas of ground water, which contain lower levels of contamination, the EPA is proposing to rely on natural processes to reduce the level of contamination to meet ground water standards. These areas are Area 2, located immediately south-southwest of Area 1, and Area 3 located south and southwest of Area 2. In order for natural processes to work quickly and completely enough, the right conditions must exist underground. In this case, the EPA believes the right conditions exist in Areas 2 and 3. The EPA is requiring periodic collection and analysis of ground water samples to verify that the level and extent of contaminants will decline.

In addition, an important aspect of the long-term cleanup of ground water at the Cayuga County Ground Water Contamination site involves cleanup actions being conducted by GE and overseen by the New York State Department of Environmental Conservation (DEC) at the former Genessee Street facility, which is the major source of the contamination impacting the area ground water. Successful completion of the cleanup of the ground water at this facility is important to the full realization of the benefits of the EPA’s proposed cleanup plan. DEC and the EPA are working closely to coordinate their cleanup efforts.

Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s most hazardous sites. The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups. Cleanups are only funded by taxpayer dollars when those legally responsible for the pollution cannot be found or are not financially viable. In this instance, the EPA has spent about $10 million in response costs, to date, primarily on investigations and studies and will be seeking to have the selected cleanup carried out by those responsible for the contamination at the site.

Soil Cleanup to Start at Solvent Savers Superfund Site

 Soil and ground water on the site were contaminated with VOCs and polychlorinated biphenyls (PCBs) by past waste disposal activities at the site. These chemicals can cause serious damage to people’s health and the environment. In addition to the work announced today, the EPA is also reviewing a work plan to build a system to treat the contamination in the ground water.

The EPA will hold a public meeting on September 28, 2012 to explain the soil cleanup work and answer any questions the public may have. The meeting will be held at 7 p.m. at the Lincklaen Town Hall, 651 Union Valley-Lincklaen Rd., DeRuyter, New York 13052.

Solvent Savers, Inc., operated as a chemical waste recovery operation at the site on Union Valley Road where industrial solvents and other wastes were reprocessed or disposed of from about 1967 to 1974. The company recovered solvents sent by the parties responsible for the cleanup for reuse, reconditioned drums, and buried liquids, solids, sludge, and drums in several areas at the site. Based on environmental findings by the DEC and a subsequent investigation by the EPA, the site was placed on the Superfund list of hazardous waste sites in 1983.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the country’s most contaminated hazardous waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups.

The design of the work plan and the cleanup of the Solvent Savers Superfund site are being conducted and paid for by the parties responsible for the contamination, with oversight by the EPA. These companies are American Locker Group, Inc., Bristol-Myers Squibb Company, Inc., General Electric Company, Inc., International Business Machines Corporation, Pass & Seymour Corporation, as well as the US Air Force.

The EPA has already addressed the most immediate risks posed by the site and developed a detailed plan to handle the more complex long-term cleanup of the site. One hundred and sixty drums and drum parts buried on-site were excavated and removed. Soil excavated during the removal of the drums was also removed.

Once the immediate risks were addressed, a soil vapor extraction treatment system was used to reduce the VOCs in the soil. This method removes harmful chemicals from the soil in the form of vapor by applying a vacuum. At the Solvent Savers site, this method successfully reduced the volume of soil that was contaminated with VOCs from approximately 135,000 cubic yards to about 6,500 cubic yards. The remaining VOCs are located in two hot spot areas that are also contaminated with PCBs. In addition, soil in other areas of the site is contaminated with PCBs.

The work announced today will address the hot spots and the other areas of soil contaminated with PCBs. Soil that is contaminated with VOCs and PCBs will be excavated and disposed of off-site at EPA-approved facilities. Excavated soil that has high levels of PCBs will be treated by introducing an agent similar to cement to bind the contaminants before it is disposed of off-site.

Approximately 15,000 cubic yards of contaminated soil will be excavated and properly disposed of off-site. All excavated areas will be filled with clean soil and re-planted with vegetation. The work is estimated to take about 13 months to complete. Efforts will be made to minimize site-related traffic during the work and health and safety procedures, including air monitoring around the work zone and site perimeter, will be in place to protect the surrounding community.

Work related to designing a system to extract and treat the contaminated ground water is currently underway. The EPA’s long-term cleanup plan calls for the completion of construction of the system in 2015.

EPA Begins Three Navajo Uranium Mine Cleanups

The work, expected to cost $7.15 million, is part of the EPA’s five year plan to address uranium contamination on the Navajo Nation and is being done in partnership with the Navajo Nation’s EPA. Funding for all three actions is from responsible parties, rather than the Superfund trust fund. The three cleanups will take place in Cove, Arizona; Casamero Lake, New Mexico; and near Church Rock, New Mexico. The EPA expects to complete the cleanups by November.

The first cleanup in the Cove area is expected to cost $1.5 million and take four to six weeks. Uranium mining in Cove Chapter, which lasted from the 1940s to the 1980s, included two transfer stations where uranium-bearing ore from the mines was stockpiled before trucks took the ore to the Shiprock Mill for processing. The transfer stations still contain some leftover uranium-tainted ore. Because this residual ore is hazardous, the public should avoid these areas until the cleanup is complete. EPA will remove the contaminated soil at Cove from one transfer station to another, where it will be sealed and stabilized. The area will be fenced and warning signs will be posted until a permanent disposal site can be selected. During the cleanup process, EPA will conduct air quality monitoring to ensure that residents in the immediate area—including the students at Cove Day School—are protected from any dust from the excavation.

Near Casamero Lake, New Mexico, EPA will clean up contaminated soil left by the Section 32 Mine. That cleanup will cost an estimated $1.65 million and will include consolidating scattered contaminated soils on the main mine waste pile. Once that process is completed, the contaminated soils will be secured using a soil sealant, or temporary clean soil cover. The site will also be fenced until a final disposal decision is reached.

North of Church Rock, EPA will oversee work by General Electric/United Nuclear Corporation (UNC) and Rio Algom Mining to clean up soils and a road located near the Northeast Church Rock Mine, the largest underground uranium mine in the US, and the Quivira mine which is located approximately 1/4 mile to the northeast. The UNC mine was operated from 1967–1984 and produced approximately 9.8 million lb of uranium. The Quivira Mine was operated between 1976–1985 and produced 3.1 million lb of uranium. This fall’s $4 million dollar work at the two areas near the Northeast Church Rock and Quivira mines precedes a larger $44 million cleanup of the Northeast Church Rock Mine expected to begin in 2016, contingent upon federal agency approvals.

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Trivia Question of the Week

Who was the longest-serving EPA Administrator?

a. Russell Train
b. Carol Browner
c. Lee Thomas
d. Christine Todd Whitman