As part of the rule, EPA has announced that the combined emissions of these GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG air pollution that endangers public health and welfare under CAA section 202(a). The findings are based on careful consideration of the full weight of scientific evidence and a thorough review of numerous public comments received on the proposed findings published April 24, 2009. The findings of this final rule are effective on January 14, 2010.
Pursuant to CAA section 202(a), the Administrator finds that GHGs in the atmosphere may reasonably be anticipated both to endanger public health and to endanger public welfare. Specifically, the Administrator is defining the “air pollution” referred to in CAA section 202(a) to be the mix of six long-lived and directly-emitted GHGs: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).
The Administrator has determined that the body of scientific evidence compellingly supports this finding. The major assessments by the U.S. Global Climate Research Program (USGCRP), the Intergovernmental Panel on Climate Change (IPCC), and the National Research Council (NRC) serve as the primary scientific basis supporting the Administrator’s endangerment finding. The Administrator reached her determination by considering both observed and projected effects of GHGs in the atmosphere, their effect on climate, and the public health and welfare risks and impacts associated with such climate change.
The transportation sector is a major source of GHG emissions both in the United States and in the rest of the world. The transportation sources covered under CAA section 202(a)—the section of the CAA under which these findings occur—include passenger cars, light- and heavy-duty trucks, buses, and motorcycles. These transportation sources emit four key GHGs: carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons. Together, these transportation sources are responsible for 23% of total annual U.S. GHG emissions, making this source the second largest in the United States behind electricity generation.
EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2009-0171.
Target Corporation Fined $500,000 for Clean Air Violations
California’s Air Resources Board (ARB) has fined Target Corporation $500,000 for selling multiple products throughout California between 2006 and 2008 that do not comply with the state’s clean air regulations.
“ARB worked with manufacturers to design products that pollute less,” said ARB Chairman Mary D. Nichols. “Retailers have a responsibility to ensure the products they offer are legal for sale in California.”
Initially, Target was found to be selling non-compliant windshield washer fluid. California regulations establish a maximum level of volatile organic compounds in windshield-washer fluid, and all chemically formulated products because VOCs contribute to ground level ozone.
Further investigation found that the manufacturer had warned Target several times that the product was not formulated for sale in warmer portions of California. Target continued to sell the product even after state representatives notified the company of the violations and pending enforcement actions. Further investigation discovered sales of other non-compliant products, including numerous Target branded reed-diffuser air fresheners.
ARB referred the case to California Attorney General’s office in September 2008. The stipulated settlement was ultimately finalized in October of 2009.
Exposure to ozone can cause lung inflammation, impaired breathing, coughing, chest tightness, shortness of breath and worsening of asthma symptoms.
VOCs are also emitted from portable fuel containers. In 1999, the state addressed these by requiring manufacturers to engineer canisters with tight controls. The new canisters eliminate fumes that leak through container walls and, to reduce spillage, include a mechanism that seals the spigot when not in use.
Portable generators have strict emission requirements focusing on exhaust.
Efforts over the last 20 years to clean California’s air have led to a 38% drop in statewide ozone levels.
DOT Releases New Action Plan to Address Motorcoach Safety Issues
DOT released its Motorcoach Safety Action Plan which lays out concrete steps for improving motorcoach safety across the board. The action plan addresses major safety issues such as driver fatigue and inattention, vehicle rollover, occupant ejections, and oversight of unsafe carriers.
“We are committed to making sure that bus travelers reach their destinations safely,” said Transportation Secretary Ray LaHood. “These improvements will not only help reduce the number of motorcoach crashes, it will also help save lives and reduce injuries.”
While motorcoach travel is a very safe mode of highway transportation in the United States, carrying 750 million passengers annually, an average of 19 motorcoach occupants are killed in crashes each year according to data collected by DOT’s National Highway Traffic Safety Administration. Additional fatalities result among pedestrians, and occupants of other vehicles involved in these crashes.
To address this issue, Secretary LaHood directed DOT’s agencies to take a fresh look at motorcoach safety issues, identify actions to address outstanding safety problems, and develop an aggressive schedule to implement those actions.
The comprehensive action plan proposes enhanced regulatory oversight of new and high risk motorcoach operators, as well as the increased use of new technologies. To address driver distraction, it proposes to initiate rulemaking to prohibit texting and limit the use of cellular telephones and other devices by motorcoach drivers. It also discusses requiring electronic on-board recording devices on all motorcoaches to better monitor drivers’ duty hours to address fatigue, and enhanced oversight of unsafe carriers.
In addition, the action plan proposes to better protect motorcoach occupants by requiring the installation of seat belts and discusses additional measures such as the establishment of performance requirements for enhanced roof strength, fire safety, and emergency egress. It also calls for safety improvements using technologies such as electronic stability control to prevent rollovers.
EPA Publishes Final Rule Adjusting the Allowance System for Controlling HCFC Production, Import, and Export
This action allocates production and consumption allowances for HCFC-22 and HCFC-142b, as well as other HCFCs for which allowances were not allocated previously, for the control periods 2010-2014. This action also establishes baselines for HCFCs for which EPA had not established baselines previously.
The HCFC allowance system is part of EPA’s Clean Air Act (CAA) program to phase out ozone-depleting substances to protect the stratospheric ozone layer. Protection of the stratospheric ozone layer helps reduce rates of skin cancer and cataracts, as well as other health and ecological effects. The U.S. is obligated under the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) to limit HCFC consumption and production to a specific level and, using stepwise reductions, to decrease the specific level culminating in a complete HCFC phaseout in 2030.
The next major milestone, to occur on January 1, 2010, is a 75 percent reduction from the aggregate U.S. HCFC baseline for production and consumption. The allowances allocated in this action ensure compliance with the international stepwise reduction, consistent with the 1990 CAA Amendments. In addition, this action amends the regulatory provisions concerning allowances for HCFC production for developing countries’ basic domestic needs to be consistent with the September 2007 adjustments to the Montreal Protocol. Also, this action provides the Agency’s interpretation of a self-effectuating ban on introduction into interstate commerce and use of HCFCs contained in section 605(a) of the CAA and amends existing regulatory provisions to facilitate implementation of the statutory requirements.
This rule is effective January 1, 2010.
EPA Issues Final Rule Banning the Sale or Distribution of Pre-charged Appliances for the Protection of Stratospheric Ozone
In addition, EPA is banning the sale or distribution of air-conditioning and refrigeration appliance components that are pre-charged with HCFC-22, HCFC-142b, or blends containing one or both of these controlled substances as the refrigerant. These prohibitions apply only to appliances and components manufactured on or after January 1, 2010.
The final rule has an effective date of January 1, 2010.
EPA Reconsidering NESHAPs for Certain Source Categories Related to Petroleum Distribution
EPA has received two petitions for reconsideration from trade associations representing their stakeholders regarding the National Emission Standards for Hazardous Air Pollutants for Source Categories (NESHAPs): Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities, which EPA promulgated on January 10, 2008, and amended on March 7, 2008.
EPA is proposing amendments and clarifications to certain definitions and applicability provisions of the final rules in response to some of the issues raised in the petitions for reconsideration. In addition, several other compliance-related questions posed by various individual stakeholders and State and local agency representatives are addressed in this proposed action.
EPA is seeking comments only on the proposed amendments presented in this action. EPA will not respond to any comments addressing other provisions of the final rules or any related rulemakings.
Written comments must be received on or before February 16, 2010. If anyone contacts EPA requesting to speak at a public hearing by December 28, 2009, a public hearing will be held on December 30, 2009.
Consultant Sentenced to Five Years in Prison in Texas Emissions Reduction Plan Investigation
The Texas Commission on Environmental Quality (TCEQ) has announced the recent conviction of Claude Dean (C. D.) Stang, as a result of a forgery investigation conducted by the TCEQ Environmental Crimes Unit. The case was prosecuted by the Travis County District Attorney’s Office.
On November 24, 2009, Claude Dean (C. D.) Stang, owner of Texas Grant Writers, of Aubrey, Texas, was sentenced to five years in prison for his role in forging signatures on the Condition and Use forms on Texas Emission Reduction Plan (TERP) grant applications. Stang pleaded guilty to one count of engaging in organized criminal activity. The investigation found that Stang not only forged signatures but also had other employees forge signatures on the forms and generated fraudulent quotes on equipment that was to be replaced.
During the investigation, it was found that Stang was charging up to $600 per piece of equipment to assist potential applicants in filling out the TCEQ’s Emission Incentive Grant applications. The investigation revealed that Stang and his employees were falsifying bid quotes from Fairfield Tractor in Fairfield, Texas, and Ag Power in McKinney, Texas. Several witnesses confirmed that bogus bid quotes were obtained and in addition were willing to testify about the forgeries on the forms.
TERP provides grants for eligible projects in nonattainment areas and affected counties to reduce emissions. The grants offset the incremental costs associated with reducing emissions of oxides of nitrogen from high emitting internal combustion engines. On road heavy duty vehicles, non-road equipment, marine vessels, locomotives and stationary equipment are potentially eligible for grant funding. As part of this eligibility, the vehicle or equipment must be certified by an independent service agent to be in running condition.
Super Stores Industry SEP Settlement to Buy Almost $110,000 in New Equipment for Solano County Interagency HAZMAT Team
The Solano County Office of Emergency Services has received $109,062 in emergency response equipment as the result of a settlement reached by EPA with Super Store Industries for the company’s alleged Emergency Planning and Community Right-to-Know Act (EPCRA) violations at a facility that processes dairy products in Fairfield, California. The company donated equipment to the Solano County Interagency HAZMAT Team as part of a supplemental environmental project (SEP) following a settlement with EPA.
For reporting years 2004, 2005, 2006, and 2007 the facility was required to submit toxic chemical release inventory (TRI) reporting forms for nitric acid otherwise used and nitrate compounds manufactured at the location. An EPA inspection discovered that the facility failed to submit the required information by the reporting deadlines.
Under the terms of the settlement, Super Store Industries has agreed to pay a cash penalty of $30,117 and complete the SEP. Many federal actions against businesses for failure to comply with the environmental laws are resolved through settlement agreements. As part of a settlement, an alleged violator may voluntarily agree to undertake an environmentally beneficial project related to the violation in exchange for mitigation of the penalty to be paid.
Super Store Industries has donated a RAE System and 42 Radiation Pagers that will benefit the community. The RAE system is designed to be used during an atmospheric release of gas, in order to monitor the plume. Radiation Pagers will allow first responders to immediately detect the presence of radiation in an area. The pagers also enable first responders to determine a safe distance from the source and establish perimeters to keep communities safe.
EPA Fines Commonwealth Utilities Corp. $29,000 for Failing to Submit Facility Oil Spill Response Plan
EPA fined the Commonwealth Utilities Corp. (CUC) $29,000 for failing to meet the requirements of a stipulated order seeking to reform and bring into compliance CUC’s five power plants and an oil transfer pipeline. Specifically, the penalty is for failing to submit a satisfactory facility response plan as outlined in the order.
The order required CUC to submit a facility response plan for its Lower Base power plants by July 9, 2009. The plan was submitted by CUC. However, on September 17, 2009, the EPA disapproved the initial submitted plan and provided CUC with 20 days to correct and resubmit the plan. CUC did not resubmit a corrected plan to the EPA.
“U.S. EPA expects the CUC to immediately fulfill its obligations under the stipulated order to ensure that a facility response plan is in place at its main power plant,” said Daniel Meer, the EPA’s assistant Superfund director for the Pacific Southwest region. “The potential for oil releases from their facilities and harm to environment is significant and CUC must implement steps to prevent and prepare for such discharges or face additional penalty demands.”
CUC owns five power plants on the islands of Saipan and Rota. The facilities and an oil transfer pipeline on Saipan have a history of releases of oil. The EPA has found that CUC has caused discharges of harmful quantities of oil into the nearshore waters and shorelines.
In addition to past oil releases and the ongoing threats of oil releases from these facilities, CUC has failed to prepare and implement oil spill prevention plans for each of its five power plants and a facility response plan at its main power plant in Saipan, which is near Tanapag Harbor.
A facility response plan is required by the EPA for facilities which store over 1 million gallons of oil and have potential to cause significant and substantial harm to the environment. The plans must document that a facility has the necessary resources and equipment to respond to a worst case discharge at the facility, such as those that can be caused by typhoons and earthquakes. The plan also requires the facility to conduct drills, exercises and training to ensure prompt and effective response to small, medium and large oil spills.
The stipulated order is one of two that was entered by the Court on March 11, 2009. The other order covers water and wastewater issues at the CUC drinking water and wastewater facilities.
Two Companies that Illegally Exported Electronic Waste to Hong Kong Agree to Pay Over $21,000 Penalty
Two companies that illegally exported computer monitor waste to Hong Kong agreed to pay a fine of over $21,000, according to the EPA.
Ziliang Zhu, doing business as W and E International Trading, and SM Metals, LLC—currently doing business as Better PC Recycle in Lakewood, Washington—generated the shipment of over 500 discarded computer monitors and attempted to export them to Hong Kong in April. The Hong Kong EPA notified EPA of the hazardous waste shipment and returned it to the Port of Tacoma in May.
Computer monitors contain cathode ray tubes (CRTs), a part of the video display component of certain televisions and computer monitors. The glass in CRTs typically contains enough toxic lead to require managing it as hazardous waste under certain circumstances. Color computer monitors contain an average of four pounds of lead. CRTs may also contain mercury, cadmium and arsenic.
“In cases of electronic waste mismanagement, we trace back to see where the wastes were generated,” said Edward Kowalski, Director of the Office of Compliance and Enforcement in EPA’s Seattle office. “Generators and exporters must take responsibility for proper management and disposal. EPA will use enforcement when necessary to ensure electronic waste doesn’t end up at the doorstep of countries that don’t want it.”
Discarded CRTs are subject to regulation under RCRA. The companies agreed to pay a penalty of $21,650 and to dismantle the CRTs at a permitted US facility.
The companies’ violations include improperly packing, labeling and marking dangerous waste and failing to notify EPA of the intent to export it. Zhu, W and E, and SM Metals exported the waste shipment to Hong Kong without obtaining the destination country’s consent to receive the waste.
“Water Is Worth It” Facebook Page Launched by EPA’s Office of Water
EPA will be regularly posting information and discussion topics, which Facebook users can have delivered to their virtual door by becoming a “fan” of the page. EPA is encouraging people to post and interact through this new forum to discuss and learn about the country’s water and water infrastructure—and the many ways that Water Is Worth It!
Holiday Waste Reduction Tips
Between Thanksgiving and New Year’s Day, it is estimated that an extra 100 million tons of waste is generated nationwide each week. This holiday season, we can all work together to reduce that number by following some simple suggestions that will also save money.
As holiday gift giving can generate a great deal of waste, consider using materials such as fabric, reusable gift bags, or other reusable containers to wrap presents. If using traditional wrapping paper, choose a type that is made from recycled materials and that can be recycled in your community. After the gifts are opened, you can help to separate boxes, bows, ribbons, and packaging materials that can be reused or recycled.
After the holidays are over, alternatives are also available for recycling rather than throwing away a Christmas tree. Christmas trees can be chipped into mulch, composted, used to prevent soil erosion, or used to create wildlife habitat. Many communities offer Christmas tree recycling, and you can check with your community’s waste removal service to see if pickup or drop-off programs are available.
Happy Holidays, from Environmental Resource Center! Our next edition of the Environmental Tip™ will be January 4, 2010.
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Trivia Question of the Week
In contrast to the European Union’s promise to cut carbon emissions by 20% below 1990 levels by the year 2020, the Climate Bill in the U.S. Senate (which isn’t expected to be decided until early 2010) would reduce U.S. carbon emissions by what percentage by 2020?
a. 1-2%
b. 3-4%
c. 10%
d. 30%
