Under the proposals, new, modified and existing landfills would begin collecting and controlling landfill gas at emission levels nearly a third lower than current requirements.
Climate change threatens the health and welfare of current and future generations. In addition to methane, landfills also emit other pollutants, including the air toxics benzene, toluene, ethylbenzene, and vinyl chloride.
Municipal solid waste landfills receive non-hazardous wastes from homes, businesses and institutions. As landfill waste decomposes, it produces a number of air toxics, carbon dioxide, and methane. MSW landfills are the third-largest source of human-related methane emissions in the US, accounting for 18% of methane emissions in 2013—the equivalent of approximately 100 million metric tons of carbon dioxide pollution.
Combined, the proposed rules are expected to reduce methane emissions by an estimated 487,000 tons a year beginning in 2025—equivalent to reducing 12.2 million metric tons of carbon dioxide, or the carbon pollution emissions from more than 1.1 million homes. EPA estimates the climate benefits of the combined proposals at nearly $750 million in 2025 or nearly $14 for every dollar spent to comply. Combined costs of the proposed rules are estimated at $55 million in 2025.
The proposals are based on additional data and analysis, and public comments received on a proposal and Advance Notice of Proposed Rulemaking EPA issued in 2014.
The agency will hold a public hearing if one is requested within five days of publication.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide-reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Bring your questions to this live webcast.
EPA Issues New Industrial Storm Water General Permit
If you were permitted under the 2008 MSGP and need to obtain coverage under the new permit, you must submit your Notice of Intent (NOI)—in accordance with the 2015 MSGP’s updated NOI requirements—by September 2, 2015.
You will learn how to:
- Obtain a stormwater discharge permit
- Develop and implement an effective SWPPP
- Select and implement effective control measures (including best management practices)
- Develop and document inspection procedures
- Implement an effective monitoring and sampling plan
- Meet your permit’s training requirements
- Comply with reporting and recordkeeping requirements
- Certify no-exposure
- Comply with permit renewal requirements
- Terminate permit coverage
Pennsylvania DEP Releases Latest Revisions of Oil and Gas Rulemaking
The Pennsylvania Department of Environmental Protection (DEP) recently announced the draft final revisions to the “Environmental Protection Performance Standards at Oil and Gas Well Sites” rulemaking (Chapters 78 and 78a). This revision continues DEP’s commitment to modernizing and strengthening the environmental controls employed by both the conventional and unconventional industries to assure the protection of public health, safety, and the environment.
“Responsible energy development in Pennsylvania is key to the commonwealth’s future,” said DEP Secretary John Quigley. “We are committed to protecting our natural resources, and these rules strengthen safeguards for our water and environment.”
“These rules are the culmination of one of the largest public participation efforts the department has ever seen, with nearly 30,000 comments and 12 public hearings during two public comment periods,” said Quigley.
The amendments to the oil and gas regulations began in 2011 to address surface activities at well sites, and center on five core areas. The amendments:
- Improve protection of water resources
- Add public resources considerations
- Protect public health and safety
- Address landowner concerns
- Enhance transparency and improve data management
“We asked the people of Pennsylvania for their concerns about developing oil and gas resources in the commonwealth, and they answered,” said Quigley. “These amendments reflect a balance between meeting the needs of the industry and the needs of public health and the environment; all while enabling drilling to proceed.”
After the latest round of public comment, two significant changes were made. DEP decided not to include the provisions for noise mitigation and centralized storage tanks for wastewater in the final regulations. Because of the complex nature of noise mitigation, it was determined that a separate process is more appropriate to address those concerns. In terms of centralized storage tanks, the department decided to remove this provision because these facilities will continue to be regulated under the residual waste regulations.
In addition, changes were made in this latest draft to address comments received and add clarity.
The amendments will be discussed at the upcoming meetings of the Conventional Oil and Gas Advisory Committee (COGAC) and, Oil and Gas Technical Advisory Board (TAB) in late August and early September, respectively. DEP will be working with these advisory committees to ensure the amendments are technically sound.
School Indoor Air Quality Assessments Go Mobile
The EPA recently launched a new mobile app to assist schools and school districts with performing comprehensive indoor air quality (IAQ) facility assessments to protect the health of children and school staff.
“Kids learn best in a healthy school environment. Now there’s an app for that! This app puts a powerful tool in the hands of people at the state, district and school level to protect children's health” said Janet McCabe, assistant administrator for EPA’s Office of Air and Radiation. “This mobile app is our latest effort to provide updated, user-friendly guidance to help schools identify, resolve and prevent indoor air quality problems, using low- and no-cost measures.”
. Schools that want to develop, sustain, or reinvigorate their IAQ management programs can use this tool to identify and prioritize IAQ improvements. The School IAQ Assessment mobile app complements existing IAQ management programs and can become the central tracking mechanism schools and districts use to organize building assessments and prioritize IAQ improvements.
Today, half of the schools in the United States have adopted IAQ management programs, the majority of which are based on EPA’s IAQ Tools for Schools guidance. EPA developed the mobile app to help these schools more efficiently carry out their IAQ management programs and to help the remaining nearly 60,000 schools to conduct regular and thorough assessments to ensure their schools are safe and productive places to learn.
How It Works
- Access the How to Get Started section to review the set-up options, intent, and capabilities of the app.
- Assess: Conduct a walkthrough of your school buildings using a set of easy-to-follow checklists—all you need is an Internet connection. Then, submit your completed checklists via email to a designated IAQ coordinator for review and follow-up action. You can also attach photos and detailed notes about the assessed area in your completed checklist submission.
- Discover: The completed checklists will identify IAQ concerns and validate good IAQ practices already in place. Checklists are provided to your designated IAQ Coordinator with recommended action steps generated by the app to address identified IAQ problems.
NetDMR Training for the 2015 MSGP – Aug 25
This free training is designed for the Multi-Sector General Permit (MSGP) facilities covered under the EPA issued permit which are now required to submit their DMRs electronically.
Central Mass Recycled Metals Fined $36,775 for Violating Asbestos and Mercury Management Act Regulations
The Massachusetts Department of Environmental Protection (MassDEP) assessed a $36,775 penalty to Central Mass Recycled Metals, LLC, which operates a scrap metal recycling business at 14-21 McCracken Road in Millbury, for violating state asbestos and mercury management regulations.
MassDEP's asbestos program and Environmental Strike Force inspected the company's recycling facility in August and October of 2013. During the August inspection, agency personnel observed dry, asbestos-containing insulation lying uncontained on the ground outdoors, on pieces of scrap metal and on pieces of dismantled boilers exposed to the ambient air at the site. During the October inspection, agency personnel determined that the company was partially crushing vehicles without first removing mercury-added components, as required by law.
The company was required to retain a Massachusetts Department of Labor Standards-licensed asbestos contractor to properly remove, package and dispose of the asbestos-containing waste materials and to cease crushing vehicles without first removing the mercury-added components.
"Metal recycling facilities must ensure that the scrap metals they receive are clean and free of asbestos, as asbestos is a known carcinogen. Preventing asbestos-containing materials from entering these facilities protects workers, customers and the general public from exposure," said John Kronopolus, deputy regional director in MassDEP's Central Regional Office in Worcester. "Failure to remove mercury-added components from vehicles prior to crushing poses a serious threat to the environment and public health. As this penalty demonstrates, companies that fail to comply with these regulations face significant penalties, as well as escalated cleanup, decontamination and monitoring costs."
BNSF Fined $86,000 for Water Quality Violations
The Department of Ecology has fined BNSF Railway $86,000 for placing creosote-treated railroad ties and other materials from maintenance projects in Whatcom and Skagit county water bodies.
“BNSF has repeatedly disregarded water quality protection at projects along or near the water,” said Heather Bartlett, Ecology’s Water Quality program manager. “We understand the importance of repair and maintenance, but all sorts of industries plan environmental practices into such work. We expect BNSF Railway to do so, as well.”
- August 2013 in Bellingham: BNSF left debris, including fill and creosote pilings, in and near the water at Chuckanut Bay.
- February 2014 in Van Zandt: BNSF placed railroad ties, newly treated with creosote, in ditches flowing with water. Ecology inspectors noted creosote pooling on the surface of many of the ties, residue stains on snow and ground underneath, and creosote sheen in the water.
- November 2014 in Burlington: BNSF placed several hundred freshly coated creosote replacement ties onto areas that sloped to wetlands and ditches in Burlington. The ties slid to the water’s edge and creosote sheen was found in the water.
- December 2014, January and February 2015 in Bellingham: BNSF placed construction debris including fill material and creosote-treated ties in a seasonally flooded area that drains to Bellingham Bay.
Excess sediment in the water damages habitat and can smother fish spawning areas.
Ecology cited BNSF for failing to employ industry-standard pollution prevention practices, despite warnings and technical assistance.
Proceeds from Ecology’s water quality penalties supports Ecology’s Coastal Protection Fund, which issues grants to public agencies for natural resource restoration projects.
Ecology actions under state clean water law may be appealed within 30 days to the Washington State Pollution Control Hearings Board.
Qwest Corporation Penalized for Underground Storage Tank Act Violations
Qwest failed to conduct leak detection monitoring, and correct violations within the allotted timeframe established by DEQ. Shasta Steinweden of DEQ’s Enforcement Division explained that without proper leak detection, regulated substances could be released into the environment without the owner’s knowledge.
Qwest has agreed to conduct leak detection monitoring, submit results of the leak detection monitoring to DEQ, obtain a reinspection, and pay a $750 penalty.
Central Holdings, L.L.C. and Story Distributing Company Agree to Resolve Underground Storage Tank Act Violations
Central and Story failed to conduct a compliance inspection in a timely manner, conduct leak detection monitoring, and correct violations within the allotted timeframe established by DEQ. Shasta Steinweden of DEQ’s Enforcement Division explained that without proper leak detection, regulated substances could be released into the environment without the owner’s knowledge.
Central and Story have agreed to conduct leak detection monitoring, submit results of the leak detection monitoring to DEQ, obtain a reinspection, and pay a $750 penalty.
City of Burlington Cited for Water Violations
On July 29 the Water Quality Control Division at the Colorado Department of Public Health and Environment cited the city of Burlington with 2,109 violations of Colorado drinking water regulations. This is the second citation issued to Burlington within the past two years. The previous 2014 violations did not include any provision for penalties, but this most recent action resulted in a $988,416.00 penalty. The Water Quality Control Division is working with the city of Burlington to resolve the violations and penalty.
In 2014, the Water Quality Control Division issued an enforcement order to city of Burlington officials to address a nitrate problem. Since March 2014, the city has been required to maintain active public notice that the city’s drinking water has exceeded the safe drinking water standard for nitrate. Nitrate in drinking water is a serious health concern for infants younger than six months, and a potential risk for women who are pregnant or breastfeeding and other individuals who are taking medications that would make them sensitive to nitrate.
Since March 2014, the Water Quality Control Division discovered that Burlington drinking water samples frequently exceeded the nitrate standard for the years from 2009 to 2014. However, except for one time in 2010, Burlington failed to report these exceedances to the state and failed to notify the public of the high nitrate level in the city’s drinking water.
Therefore, the vast majority of violations identified in the July enforcement order are for the city failing to notify the public and the division about exceedances of drinking water standards, and failure to complete required follow-up activities, including water sampling and public notification when the nitrate standard was exceeded.
Martha Rudolph, director of environmental programs for the department, said, “Our authority compels us to protect public health by overseeing compliance with the state’s drinking water standards. The priority is to get the city on course to improve its system so drinking water is safe for the whole community.”
“We recognize that many of our cities and towns may run into difficulties maintaining compliance with drinking water standards. We are experienced in helping these communities comply with drinking water regulations so the public’s health is protected,” Rudolph said. “We encourage cities and towns that may be struggling with compliance issues to come to the Water Quality Control Division for assistance. Our assistance can include engineering reviews and problem-solving, and help securing funding for public drinking water infrastructure projects. We hope, by working collaboratively early on, we can avoid cities and towns running into the kind of enforcement issues that now are facing the city of Burlington.”
Eversource Energy Fined $10,000 for Failing to Timely Notify MassDEP of Transformer Oil Spill
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $10,000 penalty against Western Massachusetts Electric Company, presently doing business as Eversource Energy, for violating state regulations following a transformer oil release in Springfield last year.
On October 4, 2014 at 12:30 a.m., a vehicle struck an electrical pole in the vicinity of 141 Dwight Road in Springfield. Twenty-five gallons of transformer oil spilled after the pole was struck, causing the soil, pavement, and vehicle to be contaminated with oil. Prior to a determination being made, the contaminated vehicle was towed to a local towing company facility.
PCBs are a group of synthetic organic chemicals that were widely used historically in transformers as coolants and lubricants. Eversource determined that the oil contained elevated levels of PCBs, and notified MassDEP of the spill at 10:56 a.m. later that day. However, Massachusetts regulations require that spills of transformer oil exceeding 10 gallons and containing PCBs at the level detected in the oil be reported to MassDEP as soon as possible, but in no case greater than two hours after the utility company becomes aware of the spill.
"In this case, prompt notification to MassDEP would have ensured that the spill was adequately assessed before the contaminated vehicle was removed from the accident site," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. "We appreciate that Eversource has completed cleanup of the spill, and has re-trained its front-line responders to prevent this violation from occurring again."
Eversource entered into a consent order with MassDEP to resolve the violation and was assessed the $10,000 penalty. Eversource completed all required cleanup, developed an Oil Spill Notification guide and re-familiarized its employees on notification requirements and appropriate response to spills of transformer oil.
West Realty Trust Fined $30,000 for Failure to Complete Cleanup of Contamination in Boston's Back Bay
The Massachusetts Department of Environmental Protection (MassDEP) has penalized West Realty Trust $30,000 for failing to complete the required assessment and cleanup of groundwater contamination first reported on April 20, 2001. At that time, elevated levels of vinyl chloride were reported at 2 Westland Avenue in the Back Bay/Fenway area of Boston.
MassDEP reviewed the case and determined that the contamination originated from property owned by West Realty Trust at 12 Westland Avenue. The Trust responded by submitting a report in 2006 alleging that the contamination had been assessed and that no further action or cleanup was required. That finding, however, was audited by MassDEP and invalidated.
The Trust then submitted a report on August 12, 2011, initiating the cleanup process, but subsequently failed to follow up with the additionally-required measures. MassDEP issued a notice of non-compliance to the Trust on November 3, 2014 for failure to complete the assessment of contaminant conditions within the regulatory timeframes.
"A final cleanup of this property, and valid documentation to support it, is the goal," said Eric Worrall, director of MassDEP's Northeast Regional office in Wilmington. "The failure to take the appropriate action in a timely manner is unacceptable."
The Trust will submit additional cleanup documentation by November 1, 2015, and conduct a cleanup that fully complies with all applicable regulations, by no later than June 1, 2017. The Trust will pay $6,000 of the penalty over the next nine months and, provided there are no additional violations, the remaining $24,000 of the penalty will be suspended.
$16,244 Fine for Sunken Vessel
After his vessel ran aground, sank and spilled diesel near Brinnon, WA, the owner of the vessel Avalon received a penalty and order of cost recovery totaling $16,244 from the Washington Department of Ecology.
On September 14, 2014, the vessel’s owner, Randall Schleich, was attempting to tow the 65-foot Avalon when the vessel ran aground on a sand spit near Pleasant Harbor Marina on Hood Canal. The vessel was inundated by crashing waves, took on water through open portholes and sank. Seventy five gallons of diesel were spilled to the water after it sank.
The Brinnon Fire Department and local marina staff moved quickly to respond to the initial incident. Ecology and the US Coast Guard provided additional response equipment and resources. Ecology’s spills response team hired a contractor to clean up the spilled fuel.
Ecology penalized Schleich $5,000 for allowing the diesel to enter the water, as well as failing to notify the Department of Emergency Management of the spill, as required by state law. Additionally, Ecology ordered Schleich to reimburse $11,244.24 for costs the agency incurred in responding to the spill and hiring a cleanup contractor.
“There was a heavy sheen and strong diesel odor throughout the northeast end of Pleasant Harbor, impacting the shoreline, docks and other vessels,” said Jim Sachet, spill response manager for Ecology’s southwest region. “An unfortunate incident like this is a reminder to all boat owners that they play a critical role in protecting our marine waters by preventing and cleaning up spills.”
After the incident, the Department of Natural Resources’ Derelict Vessel Removal Program took custody of the Avalon. The Department of Natural Resources (DNR) hired a contractor to raise the vessel and tow it to Port Townsend where it was removed from the water and later dismantled. DNR is seeking an additional $123,446.33 from Schleich in cost recovery relating to the incident.
Refinery Fined $146,000 for Air Emissions
California’s Bay Area Air Quality Management District announced a recent settlement with Chevron U.S.A to pay a $146,000 civil penalty for air quality violations at its refinery in Richmond.
The settlement covers 22 notices of violation that the Air District issued for incidents that occurred between 2012 and 2014. “The Air District will continue to take action to ensure refineries follow all regulations for operations, both big and small, that are in place to protect public health,” said Jack Broadbent, executive officer of the Air District. “This settlement will help ensure this facility, as well as others, follow the rules and reduce their overall emissions.”
The violations included the discharge of hydrogen sulfide and other pollutants released through flaring, heavy smoke from flaring, failure to take flare samples, and excess carbon monoxide from furnace operations. The violations have all been corrected.
The Air District is proposing four new rules that will require even tougher emissions limits, more monitoring and quicker equipment repairs and upgrades to help meet the Air District’s ambitious 20% refinery emissions reduction goal by 2020.
The Air District issues Notices of Violation when facilities violate a specific air quality regulation or rule. Violators are generally required to respond to the notice within ten days and submit a description of the actions they will take to correct the problem. These actions can include shutting down operation immediately, or changing operations or equipment to come into compliance.
Settlement funds will be used toward Air District activities such as the inspection and enforcement work that led to this settlement.
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Trivia Question of the Week
How long does it take carbon dioxide in the atmosphere to disperse?
a) 1 year
b) 10 years
c) 100 years
d) 1,000 years
