The final rule reinstates Toxics Release Inventory (TRI) reporting requirements that were replaced by the TRI Burden Reduction Rule in December 2006. These changes will apply to all TRI reports due July 1, 2009.
“People have a right to information that might affect their health and the health of their children—and EPA has a responsibility to provide it,” said EPA Administrator Lisa P. Jackson. “Restoring the TRI reporting requirements assures transparency and provides a crucial tool for safeguarding human health and the environment in our communities.”
TRI is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities.
This rule was met with concern over the availability of required data under the Emergency Planning and Community Right-to-Know Act (EPCRA, or SARA Title III) and resulted in a lawsuit by 13 states to restore the TRI Form A thresholds and usage to what they were prior to the 2006 rule.
Following the 2009 Omnibus Appropriations Act signature, all reports on PBT chemicals must be submitted on the more detailed Form R. For all other chemicals, the shorter Form A may only be used if the annual reporting amount is 500 pounds or less, and less than 1 million pounds of the chemical was manufactured, processed, or otherwise used during the reporting year.
TRI reports for the 2008 reporting year are due on July 1, 2009.
California Adopts Low Carbon Fuel Standard
It will boost the market for alternative-fuel vehicles and achieve 16 million metric tons of greenhouse gas emission reductions by 2020.
“The new standard means we can begin to break our century-old dependence on petroleum and provide California with greater energy security,” said ARB Chairman Mary D. Nichols. “The drive to force the market toward greater use of alternative fuels will be a boon to the state’s economy and public health - it reduces air pollution, creates new jobs and continues California’s leadership in the fight against global warming.”
Production of fuels within the state will also keep consumer dollars local by reducing the need to make fuel purchases from beyond its borders.
The regulation requires providers, refiners, importers, and blenders to ensure that the fuels they provide for the California market meet an average declining standard of “carbon intensity.” This is established by determining the sum of greenhouse gas emissions associated with the production, transportation, and consumption of a fuel, also referred to as the fuel pathway.
Economic mechanisms will allow the market to choose the most cost-effective clean fuels (those with the lowest carbon intensity), giving California consumers the widest variety of fuel options. Seeking to enhance private sector and federal investment into alternative fuel production and distribution, California is also providing funding to assist in the early development and deployment of the most promising low-carbon fuels.
Regulators expect the new generation of fuels to come from the development of technology that uses algae, wood, agricultural waste such as straw, common invasive weeds such as switchgrass, and even from municipal solid waste. The standard is also expected to drive the availability of plug-in hybrid, battery electric, and fuel-cell powered cars while promoting investment in electric charging stations and hydrogen fueling stations.
Governor Schwarzenegger issued the executive order requiring a low carbon fuel standard in early 2007. It directed the state to drive down greenhouse gas emissions from the transportation sector which accounts for 40 percent of the state’s total greenhouse gas emissions. The regulation is designed to increase the use of alternative fuels, replacing 20 percent of the fuel used by cars in California with clean alternative fuels by 2020, including electricity, biofuels, hydrogen, and other options.
Clean Air Interstate Rule (CAIR) Replacement Rule
On May 12, 2005, EPA promulgated the Clean Air Interstate Rule, commonly known as CAIR ). CAIR used a cap and trade approach to reduce sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions.
On July 11, 2008, the D.C. Circuit issued an opinion finding CAIR unlawful and vacating the rule. On December 23, 2008, the D.C. Circuit issued a decision on the petitions for rehearing of the July 11 decision. The court granted EPA’s petition for rehearing to the extent that it remanded the cases without vacatur of CAIR. This ruling means that the CAIR rule remains in place, but that EPA is also obligated to promulgate another rule under 110(a)(2)(D) consistent with the court’s July 11 opinion. This rulemaking is to fulfill EPA’s obligation to develop a rule consistent with the Court decision. The rule is expected to be published in 2010.
EPA Proposes to Slash Mercury Emissions from Cement Plants
The proposal would set the nation’s first limits on mercury emissions from existing Portland cement kilns and would strengthen the limits for new kilns. The proposed standards also would set emission limits for total hydrocarbons, particulate matter, and sulfur dioxide from cement kilns of all sizes, and would reduce hydrochloric acid emissions from kilns that are large emitters.
“We can save more than a thousand lives each year, sharply reduce mercury and other toxins in our air and water, and work with industry to encourage innovations and good ideas that are already out there,” said EPA Administrator Lisa P. Jackson. “Mercury and other chemicals flowing into these communities are health hazards for children, pregnant mothers, local residents and workers—people who deserve protection.”
Mercury in the air eventually deposits into water, where it changes into methylmercury, a highly toxic form that builds up in fish. Americans are primarily exposed to mercury by eating contaminated fish. Because the developing fetus is the most sensitive to the toxic effects of methylmercury, women of childbearing age and children are regarded as the population of greatest concern.
The majority of the toxic emissions at cement kilns come from the burning of fuels and heating of raw materials. When fully implemented in 2013, EPA estimates that this rule would reduce annual emissions by at least:
- Mercury—11,600 pounds, a reduction of 81%
- Total hydrocarbons—11,700 tons, a reduction of 75%
- Particulate matter—10,500 tons, a reduction of 96%
- Hydrochloric acid—2,800 tons, a reduction of 94%
- Sulfur dioxide—160,000 tons, a reduction of 90%
The proposal is in response to a request to reconsider the December 2006 emissions standards for Portland cement manufacturing facilities. EPA estimates the benefits of this proposed rule will significantly outweigh costs.
EPA will accept public comments on the proposal for 60 days after publication in the Federal Register. EPA will hold a public hearing on the proposal if one is requested. Hearing requests must be received within 15 days of publication in the Federal Register.
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric Utility Steam Generating Units
As a result of the D.C. Circuit Court’s voiding of the Clean Air Mercury Rule, EPA will be reverting to the December 2000 regulatory determination that added coal- and oil-fired electric utility steam generating units to the list of sources that must be regulated under section 112 of the Clean Air Act. The Agency is planning develop a Maximum Achievable Control Technology (MACT) standard which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other MACT rules will be considered in developing this regulation.
EPA to Issue Guidance for Implementing National Ambient Air Quality Standards for Sulfur Dioxide
EPA is planning to issue a rulemaking intended to provide information concerning what actions should be taken to address the implementation of the primary National Ambient Air Quality Standard (NAAQS) for Sulfur Dioxide (SO2). This action will provide rules and guidance on the Clean Air Act (CAA) requirements for State and Tribal governments to develop plans to implement the primary NAAQS for SO2. The rule will address, among other things, guidance to address control planning obligations, such as Reasonably Available Control Measures (RACM) including Reasonably Available Control Technology (RACT), the requirement to demonstrate Reasonable Further Progress (RFP), contingency measures, the requirement to submit an attainment demonstration using modeling, New Source Review (NSR), General Conformity, Transportation Conformity, and guidance concerning attainment dates, State Implementation Plans (SIP) submittal dates, and the requirements to address the section 110(a)(1) and (2) infrastructure SIP requirements. The rule will also address guidance concerning the possible transition from the pre-existing NAAQS to any new or revised NAAQS for SO2.
EPA to Update Outdated ASTM References in Regulations that Require the Use of Mercury Thermometers
EPA plans to propose a series of technical amendments to replace references in EPA regulations to outdated ASTM standards that require the use of mercury thermometers. Regulations promulgated by several different program offices contain references to outdated ASTM standards which need to be replaced with the new superseding ASTM standards. EPA is working to phase-out the use of non-fever industrial mercury thermometers in laboratory and industrial settings, and these technical amendments will remove these regulatory barriers to such a phase-out.
The agency plans to issue a direct final rule within the next year to update the outdated references.
Ohio to Revise New Source Review Regulations for PM 2.5
The Ohio EPA, Division of Air Pollution Control (DAPC), has drafted changes to the Ohio Administrative Code (OAC) related to federal changes affecting the implementation of the New Source Review (NSR) program for fine particulate matter (particles with a diameter < 2.5 micrometers, or PM 2.5).
DAPC is proposing to amend the following OAC rules as a part of U.S. EPA’s promulgation of the PM 2.5 NSR implementation final rule: OAC rule 3745-31-01, OAC rule 3745-31-11, OAC rule 3745-31-13, OAC rule 3745-31-22, OAC rule 3745-31-24, OAC rule 3745-31-25, and OAC rule 3745-31-26. At the same time, DAPC will also correct typographical errors in OAC rule 3745-31-02, OAC rule 3745-31-07, OAC rule 3745-31-09, OAC rule 3745-31-14, OAC rule 3745-31-21, and OAC rule 3745-31-27.
DAPC is also amending OAC rule 3745-31-03 exemptions, by:
- Updating existing PBRs and exemptions to incorporate references to applicable NSPS and/or MACT requirements.
- Reorganizing the rule to clearly identify the difference between an exemption and a PBR; rather than having PBRs fall under the exemption category.
- Adding exemptions for powder coating lines and tanks at a publically operated treated works/semi-public disposal system operating under a valid NPDES permit.
Gas Station Chain Sued for Endangering Groundwater
California’s Attorney General Edmund G. Brown Jr. has filed suit against a national gas station chain—TravelCenters of America—to force the corporation to comply with underground fuel storage laws it has “knowingly and repeatedly disregarded” for years.
“TravelCenters of America has knowingly and repeatedly disregarded California’s underground fuel storage laws for years,” Attorney General Brown said. “This has put the Inland Empire’s scarce groundwater supplies at serious risk of contamination.”
On July 10, 2008, Riverside District Attorney Rod Pacheco filed legal action seeking an injunction against TravelCenters for violating the laws governing the management and handling of underground storage tanks of hazardous materials. TravelCenters subsequently responded to the suit, offering more than a dozen legal theories as to why the law does not apply. This includes claims that the law is unconstitutional, is pre-empted by federal law, and violates due process.
Over a number of years, the Riverside Department of Environmental Health conducted inspections at the TravelCenters facility in Riverside County, which revealed numerous, longstanding violations of California’s underground storage tank law. TravelCenters has failed to correct many of the deficiencies, even after repeated warnings. At the request of the Riverside District Attorney, Attorney General Brown joined the case to enforce California’s health and safety laws, which Travelcenters has consistently violated and ignored.
Given these violations, Brown is seeking a permanent injunction to block TravelCenters’ illegal activities under California’s Health and Safety Code and California’s Business and Professions Codes, which governs unfair competition and business practices. Brown’s suit contends that TravelCenters:
- Failed to have adequate containment and detection equipment for hazardous materials storage tanks;
- Improperly raised, altered, tampered, or disabled sensors in spill boxes that detect leaks;
- Failed to identify the date the hazardous materials were received;
- Failed to manage hazardous waste containers;
- Failed to maintain documentation of employee training;
- Failed to identify an emergency coordinator;
- Failed to inspect container storage areas;
- Failed to store incompatible wastes in separate containers;
- Failed to remove accumulated liquid or debris from the secondary containment system;
- Failed to have an operational audible/visual alarm system connected for continuous monitoring;
- Failed to have emergency response plans; and
- Failed to maintain a complete hazardous materials business plan.
In addition, the lawsuit seeks up to a statutory maximum of $25,000 in civil penalties for each day of each violation. This could amount to millions of dollars in penalties.
TravelCenters of America operates 234 travel centers in 41 states and in the province of Ontario, Canada.
$2 Million Penalty for Source Modification and Construction without Air Permit
DuPont and Lucite International Inc. have agreed to pay a $2 million civil penalty to settle Clean Air Act violations at a sulfuric acid plant in Belle, West Virginia.
The sulfuric acid plant is located on a 100-acre chemical manufacturing complex along the Kanawha River. The plant is owned by Lucite and operated by DuPont. The companies will pay $1 million to the United States and $1 million to the state of West Virginia. Further, the companies have chosen, on their own, to shut down the sulfuric-acid manufacturing unit of a larger chemical facility at the site and the settlement confirms this agreement. Under the settlement, the sulfuric acid unit is scheduled to shut down by April 1, 2010.
In a joint complaint, filed concurrently with the consent decree, the United States and West Virginia allege that the companies made modifications to their plant in 1996 without first obtaining pre-construction permits and installing required pollution control equipment. The Clean Air Act requires major sources of air pollution to obtain such permits before making changes that would result in a significant emissions increase of any pollutant.
The Belle sulfuric acid plant burns sulfuric acid sludge, which creates sulfur dioxide (SO2). Most of the SO2 is converted to sulfuric acid and recovered, but a portion of the chemical is emitted to the atmosphere. In addition to SO2, the plant also emits sulfuric acid mist, nitrogen dioxide, and carbon monoxide.
SO2 can have serious health effects on children, the elderly, and people with heart and lung conditions. It also contributes to the formation of acid rain, which can affect ponds, lakes and streams. Acid rain has resulted in the acidification of waters in ponds, lakes, and streams, leading to the disappearance of animal and plant life. Acid rain is also believed to leach nutrients from sensitive soils and damage forests. Sulfuric acid is widely used for ore processing, fertilizer manufacturing, oil refining, wastewater processing, and chemical synthesis.
The settlement is part of an EPA initiative to improve compliance among industries that have the potential to cause significant amounts of air pollution, including the cement manufacturing, glass manufacturing, and acid production industries.
Friction Holdings to Pay $337,500 for Multiple Environmental Violations
EPA Region 5 and the U.S. Department of Justice have issued a $337,500 penalty and are requiring Friction Holdings, formerly Raybestos, to investigate and clean up certain areas at its facility in Crawfordsville, Indiana.
The consent decree addresses violations of the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act (RCRA), and the Toxic Substances Control Act (TSCA). The agreement will be presented to the district court and a public comment period will follow.
Under the agreement, Friction Holdings will be required to:
- Clean Water Act: Develop plans to correct wastewater discharges of copper, cyanide and zinc.
- RCRA: Conduct a ground water investigation and clean up used oil/outside gear cutting and other areas.
- TSCA: Sample, seal, and grout pipes and tunnels, and clean up PCB contamination.
The facility was built in 1951 by Raybestos and manufactured brake linings for vehicles. Friction Holdings bought the company in 2008 and has scaled back operations at the Crawfordsville plant. Offsite contamination downstream in Shelly Ditch has already been cleaned up under a Superfund removal action a few years ago.
Aberdeen Proving Ground to Pay over $200,000 for UST Violations
The U.S. Army has settled alleged violations of underground fuel storage tank regulations at the Aberdeen Proving Ground in Aberdeen, Maryland. To settle the alleged violations, the U.S. Army has agreed to pay a $29,928 civil penalty and to perform a supplemental environmental project at a cost of $209,432.
Federal underground storage tank () regulations are designed to prevent, detect, and control fuel leaks from USTs. EPA cited the Army for failing to annually test the line leak detection equipment, failure to maintain tank release detection records, failure to install spill and overfill protection equipment, failure to perform tank release detection, and failure to install line leak detection and provide line release detection. The alleged violations involved 28 underground tanks at the Aberdeen facility that were used to store gasoline, fuel oil, diesel fuel, and JP-8 jet fuel and ranged in capacity from 600 gallons to 25,000 gallons.
As part of the settlement, the U.S. Army certified that it has corrected the alleged violations and is now in compliance with applicable UST regulations at the Aberdeen facility. The supplemental environmental project involves the removal of the USTs and the installation of above-ground tanks.
In fiscal year 2008, there were record levels of enforcement at federal facilities under EPA’s UST program. EPA settled nearly 40 cases with federal facilities and filed three additional complaints. The total penalties assessed and settled, along with the facility cost to come into compliance, exceeded $1.3 million.
With millions of gallons of gasoline, oil, and other petroleum products stored in USTs throughout the United States, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks which do occur, thus minimizing environmental harm and avoiding the costs of major cleanups.
Leading Edge Aviation Services to Spend Over $600,000 to Resolve RCRA Violations
Leading Edge Aviation Services, Inc., an aircraft painting company in Victorville, California, will pay $65,000 to resolve hazardous waste violations. EPA alleged Leading Edge violated federal hazardous waste regulations by failing to take several steps, including:
- Storing hazardous waste without a permit
- Failing to close containers
- Failing to prevent the release of hazardous wastes
- Failing to maintain aisle space
As part of the settlement, Leading Edge Aviation will also spend at least $600,000 to purchase an alternative plane-coating product which significantly reduces hexavalent chrome and hydrofluoric acids in its conversion process, eliminating the production of 70,000 gallons of hazardous wastewater per year.
“EPA is pleased that Leading Edge, in addition to paying a penalty, has committed to undertake actions that will reduce the amount of waste generated at its facility,” said Rich Vaille, the EPA Waste Management Division associate director for the Pacific Southwest Region. “Leading Edge’s commitment to use alternative coatings is being done as a supplemental environmental project, a program which allows companies to mitigate some penalties by implementing practices that go beyond regulatory requirements.”
The violations were detected during a routine inspection by EPA. Leading Edge has corrected the violations.
Developers to Pay $86,000 for Storm Water Violations at Construction Site
X Road Development, Inc., Lonnie Bramon, and Terrace Lakes, Inc., have reached an $86,000 settlement with EPA to resolve alleged storm water violations. The violations occurred at the 27-acre North Ridge Subdivision construction site adjacent to Easley Creek, a tributary to the Payette and Snake Rivers, in Garden Valley, Idaho.
The settlement covers a long list of alleged Clean Water Act violations, including failure to obtain a Construction General Permit under the National Pollutant Discharge Elimination System permitting program and sediment discharge from the construction site into Easley Creek.
“This case once again illustrates the importance of Construction General Stormwater Permits,” said Jim Werntz, EPA’s Idaho state office director. “Without adequate storm water controls, construction sites can erode quickly during winter runoff and spring melt causing loads of sediment to deposit into nearby waters. Keeping sediment from polluting rivers and streams isn’t just a good idea, it’s the law. We’re committed to protecting Idaho’s clean water.”
Developers and/or general contractors need to create and implement a Storm Water Pollution Prevention Plan which describes how construction storm water will be controlled at the site. It must also demonstrate how the project will prevent sediment and other construction waste from being discharged into nearby streams, rivers, or lakes.
EPA Cites Wayne Metals for Clean-Air Violations
EPA Region 5 has filed an administrative complaint against Wayne Metals LLC for alleged Clean Air Act violations at the company’s metal coating facility in Markle, Indiana. EPA has proposed a $54,000 penalty.
EPA alleges Wayne Metals violated federal regulations and its state operating permit by emitting excessive amounts of hazardous air pollutants from January 2007 to January 2008. The information was included in the company’s annual compliance report. EPA notified Wayne Metals of the alleged violations in May 2008 and met with the company to discuss the finding in June 2008.
Wayne Metals has 30 days from receipt of the complaint to file an answer and request a hearing. It may request an informal conference with EPA at any time to discuss resolving the allegations.
Washington State Fuel Distributer will Pay $30,000 Penalty for Failure to Protect Against Leaks
The Washington Department of Ecology (Ecology) has penalized RE Powell Distributing for failing to maintain equipment that safeguards against fuel releases and for violating other environmental regulations associated with operating a fuel depot. The RE Powell facility consists of eight registered underground tanks containing petroleum products, ranging in capacity from 2,000 to 30,000 gallons each.
Over the past 15 years, the company has been cited numerous times for inadequately monitoring and maintaining its underground petroleum storage systems, including failing to meet corrosion protection standards for which it was originally cited in 2004. Between 1993 and 2006, the company was fined four times for a total of $8,500 for violating storage tank management regulations and for delivering fuel to unpermitted facilities.
“It’s paramount that facilities like this protect against corrosion and monitor for leaks,” explained Don Abbott, a manager with Ecology’s toxic cleanup program. “Without these safeguards, there is no way of knowing whether a leak has occurred.”
“Our staff has worked with this facility over the years, conducting inspections, issuing correction orders, and sending reminder notices to try to bring them into compliance,” Abbott said.
Failure to Submit Tier II Reports Costs Seafood Processing Plant Over $27,000
EPA has announced that J.H. Miles and Company has settled alleged violations of chemical reporting regulations at the company’s clam processing facility in Norfolk, Virginia. In a consent agreement with EPA, the company has paid a $9,408 civil penalty and has completed an $18,540 environmental project for failing to file required reports on ammonia, No. 4 fuel oil, and liquid nitrogen used at its facility.
The supplemental environmental project consists of implementing a risk management program, preparing piping and instrumentation drawings and a process flow diagram, which will help emergency responders in the case of an emergency, and provide training for employees in risk management at the plant.
The EPA’s SARA Title III regulations require companies that produce, manufacture, use, or store more than a threshold amount of regulated chemicals to file annual emergency and hazardous chemical inventory reports with state and local emergency response agencies as well as with the local fire departments. SARA Title III also requires companies that store specific quantities of hazardous chemicals to submit a material data safety sheet (MSDS) or a list of chemicals to state and local emergency response agencies and to the local fire department. The MSDS provides information regarding health risks associated with the reportable chemicals as well as safety precautions for handling or for accidental exposure.
According to EPA, J.H. Miles and Company, Inc. did not file chemical inventory forms (Tier II reports) for ammonia, No. 4 fuel oil, and liquid nitrogen for 2005, 2006, and 2007. EPA also cited the company for failing to submit MSDSs or a listing of reportable chemicals and their hazards, which were also required by SARA Title III.
The settlement reflects the company’s cooperation with EPA and its compliance efforts. As part of the settlement, the company neither admitted nor denied the alleged violations. This case involves allegations of reporting violations, and not unlawful releases of toxic chemicals.
Unilever Ice Cream Settles Chemical Reporting Violations
EPA has settled a violation of the hazardous chemical reporting law, SARA Title III, with Conopco, Inc., doing business as Unilever Ice Cream. The facility manufactures ice cream and frozen desserts at their facility in Hagerstown, Maryland, and has been fined for not including sulfuric acid on their 2005, 2006, and 2007 Tier II reports.
The company has agreed to pay a civil penalty of $19,028.
Massachusetts Greenhouse Faces $13,504 in Penalties for Environmental Violations
The Massachusetts Department of Environmental Protection (MassDEP) and Olson Greenhouses, Inc. signed an agreement that includes a $3,376 penalty and a $10,128 supplemental environmental project (SEP) for violating state environmental regulations at the company’s South Street East location in Raynham, Massachusetts.
Olson Greenhouses grows and sells potted plants at a wholesale level, and has the appropriate recycling and air quality permits to accept and burn used oil fuel. A review of the company’s manifest indicated that Olson was also marketing the oil fuel to the public, which is a permit violation.
In November 2003, the company informed MassDEP that it would be submitting certification concerning the installation of an on-site industrial wastewater holding tank. A November 2007 MassDEP inspection revealed that the holding tank was in use, but none of the required documentation was submitted. Also, a required on-site opacity monitor was non-operational.
The SEP requires the company to connect the used oil fuel recycling facility to the Town of Raynham’s sewer system and obtain a Sewer Discharge Permit from the town. Olson must also replace its current air compressor for off-loading used oil fuel with a high efficiency air compressor. If the cost of completing the SEP is less than $10,128, the company must pay the difference to the Commonwealth.
In addition, the agreement requires that Olson stop marketing any used oil fuel without the proper permit, submit the holding tank documentation and appropriate fee, and ensure the opacity monitor is functional.
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Trivia Question of the Week
Dishwashing detergent accounts for what percentage of the phosphorus entering municipal wastewater plants?
a. 1 to 2%
b. 4 to 6%
c. 10 to 12%
d. 15 to 20%