The proposed updates would reduce summertime emissions of oxides of nitrogen (NOx) from power plants that contribute to downwind ozone problems in the eastern half of the US.
“This update will help protect the health and lives of millions of Americans by reducing exposure to ozone pollution, which is linked to serious public health effects including reduced lung function, asthma, emergency room visits and hospital admissions, and early death from respiratory and cardiovascular causes,” said EPA Administrator Gina McCarthy. “The proposed updates support states’ obligation to address air pollution that is carried across state lines.”
The Clean Air Act’s “good neighbor” provision requires states—or, as a backstop, EPA—to address interstate transport of air pollution that affects the ability of downwind states to attain and maintain clean air standards. Under the “good neighbor” provision, states develop state implementation plans while EPA plays a backstop role by issuing federal implementation plans (FIPs) if a state fails to submit an approvable plan. The recent proposal provides the FIP that would apply if EPA’s backstop obligation is triggered. States may choose to have their emissions sources controlled by the FIP rather than developing their own plan.
Specifically, the proposed updates identify cuts in power plant NOx emissions in 23 states in the eastern half of the country that contribute significantly to downwind ozone air quality problems and can be achieved using existing, proven and cost-effective control technologies. The proposed cuts in NOx emissions would lead to significant improvements in air quality for the 2017 ozone season. EPA is also proposing to adopt FIPs for each of the 23 states in the event that a state does not submit an approvable SIP.
EPA estimates that the proposed CSAPR Update Rule will reduce NOx emissions from power plants in the East by 85,000 tons in 2017 compared to projections without the rule. Due to this proposed rule and other changes already underway in the power sector, ozone season NOX emission will be 150,000 tons lower in 2017 than in 2014, a reduction of more than 30%. NOx emissions can react in the atmosphere to create ground-level ozone pollution, or smog. These pollutants can travel great distances, often crossing state lines and making it difficult for other states to meet and maintain the air quality standards for ozone that EPA establishes to protect public health.
By reducing ozone exposure, the proposal would provide annual benefits of $700 million to $1.2 billion in 2017, far outweighing the estimated costs of $93 million. The proposal will provide climate-related co-benefits, estimated at around $23 million per year. For every dollar invested through the proposed CSAPR Update Rule, American families would see up to $13 in health benefits.
These emission reductions would also improve visibility in national and state parks, and increase protection for sensitive ecosystems including Adirondack lakes and Appalachian streams, coastal waters and estuaries, and forests.
The CSAPR, which was finalized in 2011, was designed to help states meet the 1997 ozone standards. Now that the CSAPR approach to define upwind state obligations under the “good neighbor provision” has been affirmed by the Supreme Court, the EPA is applying this approach to the 2008 ozone NAAQS to help states address transported ozone pollution problems under the strengthened standards. This proposal also responds to the July 2015 decision of the Court of Appeals for the D.C. Circuit and addresses the court’s concerns regarding ozone season NOx emissions budgets for 11 states.
EPA will accept comments for 45 days after publication in the Federal Register and will hold a public hearing on December 17, 2015 in Washington, DC.
Hazardous Waste Generator Improvement Rule
In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.
Attend Environmental Resource Center’s live, online session to learn:
- New requirements for documenting hazardous waste determinations
- Revised requirements for when and how to submit the Notification of Generator Status form to EPA
- How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
- Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
- How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
- New conditions under which containers can be left open at satellite accumulation areas
- Updated time and volume limits for satellite accumulation areas
- New documentation requirements for contingency plans and biennial reports
- New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization
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 on December 12 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
Charlotte RCRA and DOT Training
Wilmington RCRA and DOT Training
Cleveland RCRA and DOT Training
New Construction Stormwater Permit Going into Effect in Washington State
The Washington Department of Ecology finalized changes to its water quality permit that covers approximately 2,000 construction sites across the state and helps prevent muddy runoff when it rains.
Sediment and minerals in muddy runoff can harm aquatic life and fish habitat, feed plant growth, and contribute to algae blooms that deplete oxygen in water.
Changes to the permit are minor, but include:
- Required electronic submittal of the permit application
- Special protections for areas that will be used for low-impact development
“This permit is an important tool in helping us prevent pollution as land is developed. The updates we’ve made are in keeping with our transition to e-business goals,” said Heather Bartlett, manager of Ecology’s Water Quality Program.
The updated permit goes into effect January 1, 2016.
Washington Begins Implementing 2015 Oil Transportation Safety Act
As early as next year, companies transporting oil into or through Washington could be required to improve planning for accidents under new regulations being developed by the Washington Department of Ecology.
Ecology is beginning the process to develop two new rules for companies that move and/or receive oil by pipeline or railroad.
“These rules will help ensure public safety and environmental protection,” said Dale Jensen, Ecology’s Spills program manager. “Emergency responders will have more information, better resources, and training to respond to incidents in a rapid, aggressive, and well-coordinated manner.”
The rule will also identify the manner and types of information Ecology will disclose to emergency responders, tribal and local governments, and the public.
Ecology will be working with the public, local governments, tribal governments, and other stakeholders throughout the rulemaking process. Multiple workshops will provide an opportunity for stakeholders to submit written comments on any preliminary rule language before the formal rule is issued.
EPA Releases Strategic Plan for Protecting Drinking Water from Harmful Algal Blooms
Solving the challenge of algal toxins in drinking water will require action at all levels of government and approaches that are collaborative, innovative, and persistent.
The agency is working on treatment techniques and monitoring technologies, developing innovative mapping tools to help protect drinking water sources, providing technical support to states and public water systems, issuing health advisories, and supporting activities to protect drinking water sources.
Martinaire Aviation Fined $509,180 for Hazardous Materials Violations
The cargo included toxic, corrosive, and flammable materials, as well as ammunition.
“NOPICs document critical information about hazardous materials,” said FAA Administrator Michael Huerta. “Their purpose is to provide pilots and emergency responders with complete information about hazardous materials on aircraft for emergency response purposes.”
Martinaire has asked to meet with the FAA to discuss the case.
Powercon Corp. Fined $40,000 for Hazardous Waste Violations
As part of the settlement, Powercon has also implemented a recycling project that will significantly reduce its hazardous waste.
The settlement addresses compliance with environmental regulations that help protect communities and the environment from potential exposure to hazardous waste.
RCRA is designed to protect public health and the environment, and avoid long and extensive cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.
The alleged violations included failure to: conduct weekly inspections of hazardous waste storage areas; comply with personnel training and recordkeeping requirements; comply with contingency plan and maintenance requirements; and properly label universal waste batteries.
In addition to the $40,000 penalty, Powercon has agreed to complete a “supplemental environmental project” exceeding the requirements of federal and state environmental regulations. The company will spend about $2,700 to install a fluid management system that will allow the reuse of some chemicals from its manufacturing process. This project will reduce the largest source of hazardous waste generated at the facility.
The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter.
Underground Storage Tank Violations at RFK Stadium Lead to $10,000 Penalty
The settlement addresses compliance with environmental regulations that help protect communities and the environment from exposure to potentially harmful chemicals.
According to EPA, the District did not conduct monthly leak detection monitoring of a 1,000-gallon fiberglass gasoline tank at the stadium. The alleged violation involved various periods from 2010 through 2014. The tank was closed and removed in early 2015.
With millions of gallons of petroleum products and hazardous substances stored in underground storage tanks throughout the country, leaking tanks are a major source of soil and groundwater contamination. EPA and state regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks thus minimizing environmental harm and avoiding the costs of major cleanups.
The settlement penalty reflects the District’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.
Owner, Operator of Six Natural Gas Processing Plants Fined $50,221 for Chemical Safety Violations
The EPA announced its settlement for alleged environmental violations by the owner and operator of five natural gas processing plants in McKean and Warren Counties, Pennsylvania, and one in Putnam County, West Virginia
Under this agreement, Elkhorn Investments, LLC, and Elkhorn Gas Processing, LLC, will pay a $50,221 penalty.
Specific compliance measures now completed under a September 2014 EPA order include:
- Constructing drainage and spill containment areas
- Ensuring proper venting on waste oil tanks
- Installing vehicular protection for bullet tanks
- Installing warning systems in two facilities to notify employees of gas releases or fires
- Revising emergency response plans
The natural gas processing plants receive raw natural gas from well sites, remove the impurities, and route the processed natural gas into an interstate gas pipeline system.
Gasoline Refiner Fined $1.2 Million for Clean Air Act Violations
The EPA and the Department of Justice recently announced a settlement with HollyFrontier Corporation subsidiaries (HollyFrontier Refining & Marketing LLC, Frontier El Dorado Refining, LLC, Holly Refining & Marketing Company-Woods Cross, LLC, and Navajo Refining Company, LLC) that resolves alleged Clean Air Act violations regarding fuel quality emissions standards and testing requirements at three HollyFrontier facilities. Under a consent decree lodged recently in the US District Court for the District of Columbia HollyFrontier will implement a mitigation project at its refinery in Salt Lake City to offset past emissions, and pay a $1.2 million civil penalty to the United States.
“Fuel emissions standards help safeguard our nation’s air quality and public health,” said Cynthia Giles, EPA assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This settlement not only means cleaner air for communities around Salt Lake City, it helps ensure a level playing field for fuel refiners that follow the law.”
“This agreement will benefit public health by requiring retrofits of storage tanks at HollyFrontier facilities that will reduce volatile organic compound emissions and use next generation technology to verify these reductions,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and natural Resources Division. “This settlement shows that fuel refiners can and must meet the nation’s standards for controlling the emissions that cause ground level ozone and serious health problems for Americans.”
. Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion, and can worsen bronchitis, emphysema, and asthma. VOCs also include a wide variety of hydrocarbons, some of which are hazardous air pollutants such as benzene, toluene, xylene and ethyl benzene.
HollyFrontier disclosed to the EPA that three of its refineries—the Navajo Refinery in Artesia, New Mexico, the Woods Cross Refinery in Woods Cross, Utah, and the El Dorado Refinery in El Dorado, Kansas—produced approximately 42 million gallons of gasoline that was introduced into commerce in the Utah, Texas, Arizona, New Mexico, and Idaho markets that exceeded the applicable RVP standards. HollyFrontier reported to the EPA that these violations are estimated to have resulted in about 10 excess tons of VOC emissions.
The company will be required to use advanced pollutant detection technology during the implementation of the mitigation projects, and to hire a third party to verify its compliance status for the projects. Due to the enduring nature of the projects, environmental benefits accruing as a result of these projects are anticipated to continue for many years.
AKS Recycling Inc. Assessed $41,789 Penalty for Asbestos and Solid Waste Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed A.K.S. Recycling, Inc., of Fitchburg a $41,789 penalty for violations of asbestos and solid waste regulations that occurred at its facility at 15 Cobbler Drive in Fitchburg.
In October 2013, MassDEP inspectors observed dry, asbestos-containing insulation on pieces of a dismantled boiler in an open-top roll-off dumpster exposed to the ambient air at the site. During a second inspection in October 2013, MassDEP personnel observed that the company failed to comply with its solid waste operating permit by storing construction and demolition waste outside directly on the ground.
MassDEP regulations require asbestos-containing materials to be removed wet, and to be sealed while wet into leak-tight containers with appropriate warning labels. These requirements are designed to prevent a release of asbestos fibers to the environment and to protect building occupants and the general public from exposure to asbestos fibers. The company was required to retain a licensed asbestos contractor to properly remove, package, and dispose of the waste. In addition, as part of a settlement with MassDEP, the company is required to purchase and install a covered bunker in which to temporarily store wood waste at the facility.
Under the terms of the settlement, the company will pay $25,000 of the penalty with the balance suspended provided it completes the purchase and installation of the covered bunker storage system, updates its operating permit, and has no further violations for one year.
"Recycling facilities must ensure that scrap metals they receive are clean and free of asbestos, as asbestos is a known carcinogen," said John Kronopolus, Deputy Regional Director of the Bureau of Air and Waste in MassDEP's Central Regional Office in Worcester. "Preventing asbestos- containing materials from entering these facilities protects workers, customers and the general public from exposure."
Property owners or contractors with questions about asbestos-containing materials; notification requirements; proper removal, handling, packaging, storage and disposal procedures; or the asbestos regulations are encouraged to contact the appropriate MassDEP Regional Office for assistance.
Washington State Takes Enforcement Action Against Volkswagen
Recently, the Washington Department of Ecology announced they have issued Volkswagen AG, Audi, and Volkswagen Group of America a formal notice that they violated the Washington Clean Air Act. This is the first step in an enforcement action that could result in sizable penalties.
“Volkswagen broke the trust of consumers and exposed people to harmful pollution,” said Ecology Director Maia Bellon. “Their actions violated our state’s laws, and we’re taking action.”
The software only turned on the vehicle’s full suite of emissions controls when it detected that the car was being tested.
Washington, 46 other states, and the District of Columbia are investigating and may pursue action against Volkswagen. EPA alleged that emissions test defeat software had been put on certain vehicle models. Since then, an ongoing investigation has been underway and a second notice of violation was issued by EPA alleging more vehicle models have the defeat software installed.
The Volkswagen diesel vehicles initially identified with the defeat software emit between 10 and 40 times more nitrogen oxides than state and federal emission standards allow. Ecology estimates that in Washington the vehicles emitted from 122 to 529 metric tons of nitrogen oxides above the standard since 2009. The total extra nitrogen oxides emissions are likely higher, as more models are added to the investigation.
Nitrogen oxide is a harmful pollutant that contributes to ground-level ozone and fine particle pollution. Exposure to these pollutants is linked with a range of serious health effects, including increased asthma attacks and contributing to premature death from respiratory-related or cardiovascular disease. Children, the elderly, and people with pre-existing respiratory diseases are particularly vulnerable to these pollutants.
ATP Oil & Gas Corp. Fined More Than $41 Million for Unauthorized Oil Discharges and Improper Operations
The two agreements impose a combined total of $41.85 million in judicial and administrative penalties for the violations.
The first settlement agreement, lodged recently in the US District Court for the Eastern District of Louisiana, resolves all US claims against ATP in a case filed in February 2013. The United States alleges that ATP discharged oil and an unauthorized chemical dispersant into the Gulf of Mexico from ATP’s oil and gas production platform known as the ATP Innovator. A BSEE inspection of the ATP Innovator in March 2012 revealed alleged unlawful discharges of oil and a piping configuration that routed an unpermitted dispersant—a chemical mixture to break up oil—into the facility’s wastewater discharge pipe to mask excess oil being discharged into the ocean. At the time of the discovery, ATP was the operator of the facility and ATP Infrastructure Partners (ATP-IP) was the non-operating owner. The ATP Innovator was operating in the Mississippi Canyon area of the Gulf of Mexico, approximately 45 nautical miles offshore of southeastern Louisiana. The platform was removed from the deepwater production site in 2013 and towed to port in Corpus Christi, Texas. ATP is going through a Chapter 7 bankruptcy proceeding and is no longer operating. The penalty and injunctive relief claims against ATP-IP were settled last year and approved by the court in May of this year.
The settlement agreement resolves the judicial claims against ATP by imposing a CWA civil penalty of $38 million.
A related settlement agreement approved recently by the US Bankruptcy Court for the Southern District of Texas resolves the US claim for judicial and administrative penalties that was filed in the bankruptcy action. Through the settlement, ATP agrees to an allowed unsecured claim of $38 million for the judicial civil penalty judgment specified in the District Court Settlement Agreement.
In addition, ATP agrees in the Bankruptcy Settlement Agreement to an administrative penalty of $3.85 million for related violations of OCSLA regulations. BSEE cited ATP for several violations of OCSLA related to the oil discharges and other improper operations on the platform that were identified during the March 2012 inspection and ATP appealed some of those citations to the Department of the Interior’s Board of Land Appeals (IBLA). Through the Bankruptcy Settlement Agreement, the $3.85 million administrative penalty for the citations will be treated as a final allowed claim in the bankruptcy case.
“ATP’s illegal and unsafe actions in the Gulf of Mexico warrant this concerted enforcement effort to deter it and others in the oil and gas industry from committing similar misconduct,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “No operator should place oil production goals ahead of protection of its workers or the marine environment.”
“This case serves as a reminder that BSEE will thoroughly investigate illegal conduct in offshore oil and gas operations and will aggressively pursue enforcement actions where appropriate,” said Director Brian Salerno of BSEE. “We will continue to work with the Department of Justice, the EPA and our other federal partners to bring these types of actions against companies that break the law and put their workers or the environment at risk.”
“Protecting the Gulf means protecting one of the nation’s most vital economic and ecologic resources,” said Regional Administrator Ron Curry, EPA. “Companies operating in the Gulf must do their part in ensuring it remains as healthy and productive as possible.”
Pennsylvania DEP Assesses $1.7 Million Civil Penalty Against PQ Corporation for Air Quality Violations
The Pennsylvania Department of Environmental Protection (DEP) has assessed a civil penalty against PQ Corporation (PQ) in the amount of $1.7M for air quality violations in the City of Chester, Delaware County.
Quarterly emissions reports submitted to the Department by PQ showed that the company exceeded several permitted emission limits for pollutants like carbon monoxide and nitrogen oxides, and failed to satisfy the data availability requirements for their systems. The assessment covers the period between August 2011 and June 2013.
“This penalty reinforces how important it is for companies to accurately control, track, and report their emissions. They are fundamental regulatory obligations. Failure to comply is not acceptable,” said DEP Secretary John Quigley. “We take these issues very seriously, as part of our duty to protect the health and welfare of the citizens of the Commonwealth and the environment.”
In a 2009 agreement with the DEP, PQ equipped its sodium silicate furnace with Continuous Emission Monitoring Systems (CEMS) to monitor nitrogen oxides (“NOx”) carbon monoxide (“CO”) and opacity to demonstrate compliance with its air quality permit limits. This installation came after several source tests were performed in which the company failed to show its ability to meet permit limits.
Violations include but are not limited to the following:
- Excessive short term emissions limit of CO (lb/hr.)
- Excessive short term emissions limit of NOx (lb/hr.)
- Excessive short term emissions limit of the opacity limit (%)
- Excessive long term 12 month rolling sum of CO (tons/yr.)
- Excessive long term 12 month rolling sum of NOx (tons/yr.)
- Lack of data availability
A Continuous Emission Monitoring System (CEMS) is a combination of the hardware and software used for the continuous determination and recording of a value for compliance with an emissions standard (i.e. NOx, CO, SO2), operational criterion (i.e. temperature or throughput), or informational reporting requirement (i.e. data availability). It includes the measurement interface, all necessary measurement devices and associated calibration and data handling apparatus and procedures.
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Trivia Question of the Week
Corporations play a large role in climate change. Collective actions of just 140 companies could get the world what percentage of the way toward constraining temperature rise to 2?C?
a) 25%
b) 45%
c) 65%
d) 85%
