These lists are used to identify hazardous substances at sites across the country that need to be properly and safely managed. Saccharin is a white crystalline powder used as an artificial sweetener and can be found in diet soft drinks, chewing gum, and juice.
Since the 1980s, saccharin was included in EPA’s lists of hazardous wastes, hazardous constituents, and hazardous substances because it was identified as potentially causing cancer in people. In the late 1990s, the National Toxicology Program (NTP) and the International Agency for Research on Cancer (IARC) re-evaluated the available scientific information on saccharin and its salts and concluded that saccharin and its salts are not potential human carcinogens. Because the scientific basis for remaining on EPA’s lists no longer applies, the agency is issuing a proposed rule to remove saccharin and its salts from the list.
Comments on this proposed rule may be submitted through June 21, 2010.
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Hovnanian Enterprises, Inc to Pay $1 Million for Stormwater Discharge Violations in 18 States
Hovnanian Enterprises, Inc., a builder of residential homes nationwide, has agreed to pay a $1 million civil penalty to resolve alleged Clean Water Act violations at 591 construction sites in 18 states and the District of Columbia, the EPA and the U.S. Justice Department have announced. As part of the settlement, the company will also implement a company-wide stormwater compliance program designed to improve compliance with stormwater run-off requirements at existing and future construction sites around the country.
“This case is a result of EPA’s effort to protect local waters by vigorously enforcing the nation’s environmental laws,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance and Assurance. “Without appropriate onsite pollution controls, sediment-laden runoff from construction sites can pollute local waterways. This enforcement agreement will mean cleaner water for hundreds of communities across the country.”
The Clean Water Act requires that construction sites have controls in place to prevent pollution from being discharged with stormwater into nearby waterways. These controls include simple pollution prevention techniques such as silt fences, phased site grading, and sediment basins to prevent common construction contaminants from entering the nation’s waterways.
Improving compliance at construction sites is one of EPA’s national enforcement initiatives. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, stormwater can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents, and other debris. Polluted runoff can harm or kill fish and wildlife, degrade aquatic habitat, and affect drinking water quality.
Similar consent decrees have been reached with multiple national and regional home building companies.
Along with the federal government, the District of Columbia, the states of Maryland, West Virginia, and the Commonwealth of Virginia have joined the settlement. The District and each of the states will receive a portion of the $1 million penalty.
One Third of Countries Show Low Carbon Economic Growth since Copenhagen
The 2010 Climate Competitiveness Index, the most comprehensive study to date of national progress to create green jobs and economic growth through low carbon products and services, shows that in spite of uncertainty surrounding international climate negotiations, countries have forged ahead with low carbon growth strategies in the first quarter of 2010. The annual Climate Competitiveness Index (CCI), produced by the independent non-profit institute AccountAbility, in partnership with the United Nations Environment Programme (UNEP), combines two sets of data.
It investigates “Climate Accountability” to validate if a country’s climate strategy is clear, ambitious, and supported by stakeholders, as well as “Climate Performance,” considering each country’s capabilities and track record on delivering its strategy. The Index analyzed 95 countries responsible for 97% of global economic activity and 96% of global carbon emissions. The study concluded that despite gaps in performance and accountability, 46% of countries have demonstrated some improvement in climate accountability since the UNFCCC Copenhagen conference in December 2009.
Thirty two countries have made significant improvements, with Germany, China, and the Republic of Korea being the outstanding examples. India, Indonesia, Kenya, Mexico, the Philippines, and Rwanda have also enhanced their climate accountability.
“This report comes as a breath of fresh air,” said Alex MacGillivray, Managing Director at AccountAbility.
“The CCI shows that countries at all levels of development can develop political leadership, stronger institutions and engaging with stakeholders to deliver climate competitiveness. Climate competitiveness is no longer rhetoric. It is a real, massive and dynamic economic frontier. This latest analysis proves that governments are seizing opportunities for Green Growth and making significant strides to tackle the climate crisis.”
He added, “The Climate Competitiveness Index is the essential guide to understanding opportunities—and accountability—in the multi-trillion dollar low carbon economy of the new decade.”
The CCI predicts that the global market for low carbon products and services will be in excess of 2 trillion U.S. dollars in 2020.
EPA Proposes “Next Generation” Stormwater Controls in Clean Water Permit for Washington D.C.
EPA has announced it has issued a proposed permit to the District of Columbia requiring the District to continue improving its Municipal Separate Storm Sewer System (MS4) program for controlling stormwater runoff. EPA is accepting comments on the permit until June 4.
“The innovations in this new permit are vital to restoring and protecting the health of local waterways in the District, as well as the Chesapeake Bay,” said Shawn M. Garvin, EPA mid-Atlantic Regional Administrator. “We all need to do our part, and this permit can serve as a model to other municipalities for preventing runoff from washing harmful pollutants into streams and rivers in the Bay watershed.”
Medium and large MS4s such as the District’s are required by federal law to have permits covering their discharges. The permit announced today requires the District to take progressive steps that were not required by the old permit issued in 2004, including:
- Implementing a sustainable and enforceable approach to promoting low impact development and green infrastructure, including enhanced tree planting, green roofs, and water reuse onsite to slow down the rate of runoff from paved areas of the District.
- Complying with strict discharge limits, and new performance standards requiring 90% on-site retention of storm flows at non-federal facilities for new development, redevelopment, and retrofit projects to avoid pollutant runoff and stream damage.
- Increasing monitoring of total maximum daily loading (TMDL) or “pollution diet,” for impaired waterways, including the Anacostia and Potomac rivers, Rock Creek, and the Chesapeake Bay.
- Controlling and reducing trash through enhanced street sweeping and implementing the Anacostia River TMDL for a “Trash Free Potomac” by 2013.
The new permit conditions are necessary because large portions of impervious surfaces such as roads, rooftops, and parking lots channel stormwater directly into local streams and rivers. Improperly managed stormwater runoff from the District can damage streams, cause significant erosion, and carry excessive nitrogen phosphorus, sediment, toxic metals, volatile organic compounds, and other pollutants downstream and into the Chesapeake Bay.
The comment period for the permit is April 21 through June 4. Following the close of public review, EPA will prepare a response and make any necessary modifications to the permit to address public comment. EPA expects to finalize the permit within 3 months of the close of the public review.
New Study Examines Transportation’s Role in Reducing U.S. Greenhouse Gas Emissions
A number of strategies can be used to reduce greenhouse gas emissions from transportation, such as using low-carbon fuels, increasing vehicle fuel economy, improving system efficiency and reducing travel that involves high levels of carbon emissions, according to a report released by DOT.
“Reducing the greenhouse gas emissions that contribute to global climate change is one of the great challenges of our time,” said U.S. Transportation Secretary Ray LaHood. “Transportation is one of the major contributors to greenhouse gases, and the transportation sector must be a big part of the solution. This report provides valuable information that will help us in our effort to protect the environment.”
According to the report, 29%of all U.S. greenhouse gas emissions and 5% of global emissions are due to burning fuel to power U.S. vehicles. The majority of these emissions, totaling 59%, come from light-duty vehicles, followed by freight trucks at 19% and aircraft at 12%. Between 1990 and 2007, greenhouse gas emissions from U.S. transportation increased 27%, and accounted for almost one-half of the total national increase during that period.
The report, while making no specific recommendations, analyzes the full range of strategies available to reduce transportation’s greenhouse gas emissions. Among specific findings:
- More fuel efficient gasoline vehicles could reduce per-vehicle emissions by 8–30%, hybrid vehicles 26–54%, and plug-in hybrids 46–75%.
- More direct routing of airline flights using NextGen technology and more efficient takeoffs and landings could reduce aviation greenhouse emissions by up to 10% by 2025.
- Reducing the number of vehicle-miles traveled through a combination of strategies, including improved public transportation, coordinated transportation and land use strategies, and greater opportunities for walking and biking could reduce transportation greenhouse emissions 5–17% by 2030.
The report also discusses policy options for implementing these strategies, such as efficiency standards, transportation planning and investment, market-based incentives, research and development, and economy-wide carbon policies.
DOT has already begun work in these areas. “Earlier this month we established historic new fuel economy standards that will save nearly a billion tons of greenhouse gas emissions over the lives of the vehicles covered,” said Secretary LaHood. “In aviation, DOT has put energy and environmental concerns at the heart of NextGen—the iniative to modernize the U.S. air traffic system. The Department’s Sustainable Communities Partnership with EPA and HUD is providing low carbon transportation options.”
California ARB Considers Options for Additional Flexibility in Diesel Control Regulations
“We fully recognize that the economy has had an effect on the owners and operators of big rigs, buses and construction equipment, and has also resulted in emissions from these vehicles being lower than we expected,” said ARB Chairman, Mary D. Nichols. “We are committed to taking those impacts into consideration for our diesel clean-up program.”
“The direction by the Board today,” added Nichols, “will result in additional flexibility to affected companies and individuals, while still continuing to achieve the significant air quality and health benefits these diesel controls will deliver.”
The Board has asked staff to draft changes to the regulations that will mitigate the potential effects of an unfavorable economy on affected businesses, while keeping in mind the need to protect public health, meet federal clean air deadlines, and continue moving forward even through uncertain times. The Board also directed staff to consider approaches to give credit to firms that have already complied with the regulations, and to examine the possibility of additional loans and incentive funding for the program.
Staff presented an update on diesel emission estimates, and the approach for incorporating new information on diesel fuel use, emission factors and equipment use. A new emissions estimate will be used in the rule revision process.
ARB staff will conduct a series of workshops in May and June in Los Angeles, Sacramento, and Fresno with stakeholders and the public to solicit information about proposed revisions to the regulations that will be presented to the Board in September.
ARB has already extended deadlines for off-road equipment owners through AB8 2X (signed by the Governor in February 2009), including delayed compliance and credits for those who have reduced their fleet size or operating hours in response to the recession.
In addition, ARB will continue its program of financial support to help owners and operators of these trucks and equipment. Over $100 million in Proposition 1B funds alone have been allocated for cleaning up on-road diesel trucks through retrofits or replacement. Additional funds have been made available through the Carl Moyer Grant Program, along with loans via AB 118 and federal stimulus funds.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
Westward Seafoods Inc. to Pay More than $500,000 for Alleged Environmental Violations
Westward Seafoods Inc., the operator of a seafood processing plant in Dutch Harbor, Alaska, will pay a $570,000 civil penalty as part of a settlement agreement to resolve alleged violations of the Clean Air Act and the Emergency Planning and Community Right-to-Know Act
Under the settlement agreement filed in federal court in Alaska, Westward Seafoods, a Seattle-based company, will be required to undertake four measures designed to improve the company’s environmental compliance. The agreement requires the company to create a preventative maintenance and operations plan, develop and implement an annual training plan for all employees responsible for operating generating equipment, develop and submit to EPA an organizational chart that outlines staff that have environmental compliance responsibilities, and develop internal procedures for submitting required reports to federal, state, and/or local environmental agencies.
The settlement resolves a complaint that alleged that Westward Seafoods had multiple violations of the Clean Air Act from 2002 until 2006. The complaint alleged violations including the burning of approximately 1.3 million gallons of diesel fuel with excessive sulfur; operating three diesel generators while air pollution control devices were inoperable, resulting in excessive emissions of nitrogen oxides; and failing to respond to repeated requests for information from state and federal inspectors.
The complaint also includes SARA Title III violations in the form of failing to annually report 80,000 pounds of ammonia in use and storage at the Dutch Harbor plant to the State Emergency Response Commission, local fire department, and Local Emergency Planning Committee.
“We expect companies that handle hazardous chemicals and operate diesel generators to comply with the law. This settlement is designed to put a system into place that will prevent future violations of the environment and public safety laws,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.
“We have laws regulating emissions and chemicals for a reason—these substances can have serious consequences for residents and the environment,” said Edward Kowalski, Director of the Office of Compliance and Enforcement in EPA’s Seattle office. “We work closely with the state, and we will act when a facility is not responsive to state requests, or is putting the environment and Alaskans at risk due to unlawful practices.”
Industrial Plating Corp. Fined $60,000 for Improper Spill Reporting
Under an agreement with EPA, Industrial Plating Corp. (IPC), a Seattle metal finishing service company, will pay a $60,000 penalty for failing to immediately report a 50,000 gallon spill of hazardous wastewater and sludge. The settlement is related to a March 28, 2008, release at the IPC facility located at 2411 South Sixth Ave. A wooden storage tank holding wastewater and sludge ruptured, releasing the contents onto the street and into the storm drains. No known injuries occurred as result of the release.
In the agreement, EPA alleges that IPC failed to notify the appropriate emergency response entities for more than three hours after the release occurred. The release and failure to notify appropriate agencies immediately are violations of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and SARA Title III.
According to Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle, these laws help communities prepare for and respond to chemical accidents.
“Effective emergency response begins with timely notification, which allows local, state and federal responders to plan and to take action to protect public health and safety.” said Kowalski.
Arizona Transmissions System to Pay $30,000 for Illegally Discharging Oil into City Sewer Line
The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office have announced that Arizona Transmissions System, LLC, a Mesa, Arizona, transmission repair shop, will pay a $30,000 penalty for used oil violations under a consent judgment.
Arizona Transmissions System, LLC, was issued a Notice of Violation in 2007 by ADEQ for discharging used oil and water into a sewer line, not doing a hazardous waste determination on the oil, and failing to clean up the used oil spill prior to the ADEQ investigation. A notice of violation was served after a City of Mesa inspector noted foul smells and oil in the sewer line where the facility was the only user of the line.
As part of the settlement, the company agreed to install a three-stage oil-water separator and to develop and implement an Environmental Management System.
“This negligent act potentially put Mesa city workers maintaining the line at risk,” Attorney General Terry Goddard said. “Automobile repair shops must follow Arizona law and dispose of automotive fluids in an environmentally safe way.”
Rotation Dynamics Corp. Assessed $53,937 Penalty for Asbestos Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $53,937 penalty to Rotation Dynamics, an Illinois-based corporation, for asbestos violations that occurred at the company’s facility, located at 33 Hayes Memorial Drive in Marlborough, Massachusetts.
During a March 2008 site inspection, MassDEP inspectors determined that company employees had used a forklift to remove a piece of decommissioned process equipment that contained asbestos insulation and left it uncontained in the parking lot. MassDEP observed numerous pieces of dry, friable asbestos insulation uncontained on the ground in the parking area, exposed to the ambient air.
Rotation Dynamics was cited for failing to notify MassDEP of a demolition/renovation operation involving asbestos-containing materials, as required by law. The company was also cited for improper removal and handling of asbestos-containing materials, improper packaging and storage of asbestos-containing waste materials, and allowing asbestos-containing materials to be handled in a manner that caused or contributed to a condition of air pollution at the site.
Upon discovery of the violations, MassDEP required the company to hire a Massachusetts Division of Occupational Safety licensed asbestos contractor to properly remove, package and dispose of all the asbestos-containing waste on site.
Under the terms of a consent order with MassDEP, Rotation Dynamics will comply with all applicable regulations in the future and pay $30,000 of the assessed penalty. The remaining $23,937 penalty was suspended pending the company’s compliance with the terms of the order.
EPA Signs an Agreement to Improve Environmental Sustainability of 12 Hospitals
The North Shore-Long Island Jewish Health System will incorporate a number of environmentally-sound practices into daily operations at the 12 hospitals it manages across Long Island and in New York City, under an agreement signed with EPA. The hospital system has pledged to conserve water and energy, reduce air pollution, increase recycling, and use environmentally-preferable materials at all of its facilities.
“Medical professionals work every day to improve the health of the people they serve, and the environmentally sound practices in this agreement will help them create a healthier environment for all,” said EPA Regional Administrator Judith Enck. “The eve of Earth Day is the perfect time to sign this comprehensive agreement between EPA and an entire health care network.”
Under the new agreement between EPA and North Shore-Long Island Jewish Health System, the system will:
- Join EPA’s Energy Star program with the goal of reducing energy usage by at least 10%. North Shore-Long Island Jewish Health System already completed a $15 million energy and water conservation project and plans to spend an additional $30 million to cut energy usage.
- Join EPA’s WasteWise program, which reduces waste and increases recycling, with the goals of improving recycling, establishing a food composting program, and minimizing construction waste that goes to landfills.
- Join EPA’s Clean Construction USA Program, which will reduce air pollution from vehicles and construction. North Shore-Long Island Jewish Health System will work with contractors to ensure that emission-reducing equipment is used during construction projects.
- Build green buildings by continuing to work with the U.S. Green Building Council-Long Island to earn the council’s Leadership in Energy and Environmental Design (LEED) rating for eight construction projects.
- Install water fixtures certified by EPA’s WaterSense program, which use at least 10% less water than conventional products. North Shore-Long Island Jewish Health System’s new construction projects will use water efficient toilets, urinals, showers and faucets.
- Incorporate the use of environmentally-preferable landscaping materials and consider practices like collecting rainwater for reuse, using porous pavement in parking lots, and installing green roofs and those that reflect the sun, using EPA’s GreenScapes landscaping program as its guide.
- Apply for membership in EPA’s Coal Combustion Products Partnership Program with the goal of increasing the use of coal combustion products, which require less energy to produce than typical concrete and cement.
- Improve the efficiency of the Long Island Jewish Medical Center’s 2.8 megawatt combined heat and power plant, making it an even cleaner and more efficient power source.
North Shore-Long Island Jewish Health System will submit a status report to EPA every six months, and EPA will use the report to determine the environmental benefits associated with system’s activities. Since 2006, EPA has reached similar agreements with the New York Jets and New York Giants for the New Meadowlands Stadium, the New York Mets for Citi Field stadium, and numerous other organizations.
Embraer Aircraft Holding, Inc. Joins EPA’s National Partnership for Environmental Priorities
EPA has recognized Embraer Aircraft Holding, Inc. (EAH) as the newest environmental steward to join the National Partnership for Environmental Priorities (NPEP). As an EPA partner, EAH will recycle fluorescent lamps and aircraft batteries, ensuring the safe reuse of lead and mercury.
“We commend Embraer for its commitment to reducing pollution from their processes,” said EPA Acting Regional Administrator Stan Meiburg. “Partnerships are an important tool in advancing environmental protection.”
“We are committed to being a good steward of the environment and believe Embraer can make a difference by recycling mercury and lead acid batteries,” said Gary Spulak, President of Embraer Aircraft Holding, Inc. “Each employee at Embraer is educated on the importance of recycling and reducing the amount of waste that accumulates in our landfills. This reduction of hazardous waste in landfills is our contribution to the community and to the world, which is why forming a partnership with the EPA is an investment in the future.”
EPA formed the NPEP to pursue the goal of reducing the use or release of 31 highly toxic, priority chemicals found in America’s manufacturing processes. It has established a National Waste Minimization Goal to act as a measurement of program success. The goal is to work with industry and the public to reduce the use or release of 4 million pounds of priority chemicals by 2011.
Five New England Colleges and Universities Recognized for Recycling Efforts
In only 10 weeks of work, college students among 76 New England schools competing in a nation-wide recycling competition recovered 9.27 million pounds of recyclables and organics. Five of the top New England schools were recognized on Earth Day at EPA’s Merit Award ceremony for their recycling efforts during the competition, called RecycleMania.
The five winning New England colleges and universities were:
- United States Coast Guard Academy—New London, Connecticut
- Franklin W. Olin College of Engineering—Needham, Massachusetts
- Harvard University—Cambridge, Massachusetts
- Westfield State College—Westfield, Massachusetts
- Middlebury College—Middlebury, Vermont
Nationally, 607 schools participated in the 2010 RecylceMania challenge, resulting in over 84.5 million pounds of material being recycled, which in turn prevented the release of nearly 137,500 metric tons of carbon dioxide equivalent.
“RecycleMania is reinvigorating colleges to minimize their waste and help the environment,” said Curt Spalding, regional administrator of EPA’s New England office. “As we celebrate the 40th Anniversary of Earth Day, it’s exciting and gives us hope that college students throughout New England are actively helping to protect our environment.”
54 Universities Compete in EPA’s Green Power Challenge
For the fourth year in a row, the University of Pennsylvania has emerged as the top individual school in EPA’s 2009-2010 College and University Green Power Challenge. The university beat out 53 other universities by purchasing more than 192 million kilowatt hours (KWh) of green power, or 46% of their power purchases. Green power electricity generates less pollution than conventional power and produces no net increase in greenhouse gas emissions, which helps with climate change.
Collectively, the Ivy League is the overall college conference champion in the challenge, with an annual green power usage of more than 225 million kWh—the equivalent environmental impact of avoiding the annual carbon dioxide (CO2) emissions of nearly 31,000 vehicles. After the Ivy League, the Big Ten Conference, followed by the University Athletic Association are in the No. 2 and No. 3 spots, respectively.
EPA ranks collegiate athletic conferences by the total amount of green power used by their member schools. To be eligible, each school in the conference has to qualify as an EPA Green Power Partner and each conference has to collectively use at least 10 million kWh of green power.
Spread across 26 athletic conferences nationwide, 54 universities competed in this year’s challenge. The challenge’s total annual green power usage of more than 1 billion kWh has the equivalent environmental impact of avoiding the CO2 emissions of nearly 160,000 vehicles.
EPA’s Green Power Partnership encourages organizations to use green power as a way to reduce the environmental impacts associated with traditional fossil fuel-based electricity use. Green power is generated from renewable resources such as solar, wind, geothermal, biomass, biogas, and low-impact hydropower. The partnership includes a diverse set of organizations including Fortune 500 companies, small and medium businesses, government institutions, as well as a growing number of colleges and universities.
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Trivia Question of the Week
What percentage of the world’s fresh water is readily accessible for direct human use?
a. 25%
b. 10%
c. 5%
d. less than 1%
