As part of Administrator Lisa P. Jackson’s commitment to strengthen and reform chemical management, EPA has released action plans to address the potential health risks of benzidine dyes, hexabromocyclododecane (HBCD), and nonylphenol (NP)/nonylphenol ethoxylates (NPEs). The chemicals are widely used in both consumer and industrial applications, including dyes, flame retardants, and industrial laundry detergents. The plans identify a range of actions the agency is considering under the Toxic Substances Control Act (TSCA).
“The action plans announced today are examples of EPA’s renewed dedication to improve chemical safety to protect the health of the American people and the environment,” said Steve Owens, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “These action plans lay out concrete steps EPA intends to take to address the risks associated with chemicals commonly used in this country.”
Benzidine dyes are used in the production of consumer textiles, paints, printing inks, paper, and pharmaceuticals and may pose health problems, including cancer. HBCD is used as a flame retardant in expanded polystyrene foam in the building and construction industry, as well as in some consumer products. HBCD has been shown to be persistent and bioaccumulative in the environment and may pose potential reproductive, developmental, and neurological effects in people. NP/NPEs are used in many industrial applications and consumer products such as detergents, cleaners, agricultural and indoor pesticides, as well as food packaging. These chemicals have been detected in people.
The range of actions on these chemicals include adding HBCD and NP/NPE to EPA’s new Chemicals of Concern list, issuing significant new use rules for all three chemicals, and, for HBCD and benzidine dyes, imposing new reporting requirements on EPA’s Toxic Release Inventory under SARA Title III, and potentially banning or limiting the manufacture or use of the chemicals.
In addition to EPA’s efforts, the Textile Rental Services Association, which represents 98% of the industrial laundry facilities in the United States, has committed to voluntarily phase out the use of NPEs in industrial liquid detergents by December 31, 2013, and in industrial powder detergents by the end of 2014.
“While EPA intends to address the potential risks associated with these chemicals,” Owens stated, “we are pleased that the industrial laundry industry has decided to not wait for regulatory action to be completed by the agency and is voluntarily taking steps now to phase out the use of NPEs.”
EPA first announced that it planned to develop the Chemicals of Concern list in December 2009, which indicates that the chemicals may present an unreasonable risk of injury to health and the environment. This previously unused TSCA authority signals the agency’s commitment to fully use the tools currently available, while simultaneously supporting legislative reform of TSCA.
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Administrator Jackson Announces EPA’s International Priorities
EPA’s Administrator Lisa P. Jackson announced the agency’s international priorities at a meeting of the Commission for Environmental Cooperation she attended in Guanajuato, Mexico. The international priorities echo Administrator Jackson’s priorities for EPA, which she announced earlier this year, and aim to promote citizen engagement, improve public health and increase government accountability on environmental enforcement.
“Pollution doesn’t stop at international borders, and neither can our environmental and health protections. The local and national environmental issues of the past are now global challenges,” said EPA Administrator Lisa P. Jackson. “This document sends a strong message to our partners in the international community that our challenges are shared challenges, and that we are eager to work together on solutions. Along with the seven EPA priorities I issued earlier this year, these six international priorities will guide our work during the months and years ahead.”
When EPA was established 40 years ago, Americans were concerned about lakes and rivers burning and air pollution in their own cities. In 2010, the environmental challenges are global, with pollutants from around the world ending up in America’s backyards. EPA is working collaboratively with our international partners to protect human health and our shared environment.
EPA’s bilateral and multilateral partnerships have taken on new significance in the face of shared environmental and governance challenges, such as global climate change and improving children’s environmental health outcomes. The agency’s international priorities will guide EPA’s collaboration with CEC and all international partners.
The priorities include:
- Building Strong Environmental Institutions and Legal Structures. Countries need adequate governmental structures to enforce environmental protections. EPA will work with countries such as India, Ghana, Kenya, and Brazil to develop and support the promotion of good governance, improve judicial and legal structures, and design the regulatory systems necessary for effective environmental protection around the world.
- Combating Climate Change by Limiting Pollutants. EPA has taken important steps to reduce greenhouse gas (GHG) emissions at home, but the global challenge of climate change requires a global solution. To make significant progress in reducing the effects of climate change, pollution must be cut throughout the world. EPA will promote global strategies to reduce GHG emissions and other pollutants such as methane from landfills and black carbon from cookstoves. These pollutants are damaging especially vulnerable regions such as the Himalayan glaciers and the Arctic.
- Improving Air Quality. Much of the pollution that contributes to climate change and increases cases of asthma and other respiratory diseases is concentrated in urban areas, which are growing in the U.S. and around the world. EPA will work with organizations and local and national governments, such as Jakarta, Indonesia, to improve urban air quality in rapidly developing cities and communities.
- Expanding Access to Clean Water. Water bodies in the United States and throughout the world remain imperiled. EPA will support global partners and regions, such as the Caribbean, in creating safe and efficient drinking water and wastewater treatment systems. The agency also will help in providing long-term, sustainable and high-quality drinking water and sanitation systems for overburdened and underserved communities such as those along the U.S.-Mexican border.
- Reducing Exposure to Toxic Chemicals. Chemicals are prevalent in everything from food to baby bottles. As children develop, they are especially vulnerable to these chemicals, particularly mercury and lead. While EPA works closely with Congress to strengthen our chemical laws, the agency also will work with our global partners to provide protections for people and consistency for industry. In working with partners like the United Nations Environment Programme, EPA will strive to reduce or eliminate the impact of pesticides and other toxic chemicals.
- Cleaning Up E-Waste. The electronics that provide us with convenience often end up discarded in developing countries where improper disposal can threaten local people and the environment. EPA recognizes this urgent concern and will work with international partners to address the issues of E-waste. In the near-term, EPA will focus on ways to improve the design, production, handling, reuse, recycling, exporting and disposal of electronics.
The Commission for Environmental Cooperation was created by the North American Agreement on Environmental Cooperation under the North American Free Trade Agreement. The group of U.S., Canadian, and Mexican environmental leaders has gathered to discuss the commission’s strategic plan and establish priority projects for the next five years. Founded in 1994, the commission is an innovative organization that recognizes and acts to mitigate the impacts of cross-border commerce on the environment. Since then, EPA’s cooperation with Mexico and other international partners has expanded to address the more complex role that environmental protection has played in ensuring our national security, facilitating global commerce, promoting sustainable development, and adapting to climate change.
EPA Releases Draft Strategy for Clean Water
EPA is inviting the public to comment on the agency’s draft strategy to protect and restore our nation’s lakes, streams, and coastal waters. The strategy, “Coming Together for Clean Water: EPA’s Strategy for Achieving Clean Water,” is designed to chart EPA’s path in furthering EPA Administrator Lisa P. Jackson’s key priority of protecting America’s waters.
The strategy was developed by considering the input and ideas generated at the April “Coming Together for Clean Water” forum as well as comments received through the online discussion forum. Participants shared their perspectives on how to advance the EPA’s clean water agenda focusing on the agency’s two priority areas: healthy watersheds and sustainable communities. EPA is now inviting the public to consider and provide their comments on the approaches outlined in the strategy.
Public comments on the draft strategy should be submitted by September 17. EPA will review all comments and post a final strategy later in the year.
EPA Pushes Major Revisions to IUR Program with New Proposed Rule
EPA is pondering a host of revisions to the Inventory Update Reporting (IUR) program intended to streamline the process and increase public access to records. In a proposed rule issued last week, EPA outlined a vision for the program that includes shorter reporting periods, mandatory electronic reporting, limited confidentiality of data, and greater detail for each chemical reported.
The proposed rule would apply to manufacturers and importers of chemicals that require IUR regulation under the Toxic Substances Control Act (TSCA). These include chemicals that are produced over a certain threshold annually that appear on the TSCA Chemical Substance Inventory.
Chief among the changes would be a reduced reporting period, with manufacturers and importers required to update their information every four years instead of every five. The proposed rule also seeks to make electronic reporting mandatory for all IUR data, a move that agency officials hope will lead to a smoother submission process and quicker public access to data, according to an EPA press release. In that same spirit, the proposed rule also insists on “upfront substantiation” from companies seeking confidential status for their processing and use data.
Additionally, many of the limitations for inclusion in the IUR program—such as a 300,000-pound cap on processing and use information—would be stricken under the proposed rule, requiring manufacturers and importers of all non-excluded substances to provide IUR data.
The agency is accepting public comments on the proposed changes and expects to implement all revisions in time for the coming IUR reporting period, which begins in the summer of 2011.
EPA Announces a Schedule of Public Hearings on Proposed Coal Ash Regulations
EPA is hosting seven public hearings on the agency’s proposal to regulate the disposal and management of coal ash from coal-fired power plants. EPA’s proposal is the first-ever national effort to ensure the safe disposal and management of coal ash from coal-fired power plants.
Each hearing will begin at 10:00 a.m. and will continue until 9:00 p.m. with breaks at noon and 5:00 p.m. local time. The hearings will continue past 9:00 p.m. if necessary. People who wish for a guaranteed slot to speak must register no later than three business days before each hearing. Additionally, walk-ins and written comments will be accepted at each hearing. EPA will consider the public’s comments in its final decision.
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Date |
Address |
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August 30 |
Hyatt Regency, 2799 Jefferson Davis Highway, Arlington, Virginia |
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September 2 |
Grand Hyatt, 1750 Welton Street, Denver, Colorado |
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September 8 |
Hyatt Regency Dallas, 300 Reunion Boulevard, Dallas, Texas |
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September 14 |
Holiday Inn Charlotte (Airport), 2707 Little Rock Road, Charlotte, North Carolina |
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September 16 |
Hilton Chicago, 720 South Michigan Avenue, Chicago, Illinois |
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September 21 |
Omni Hotel, 530 William Penn Place, Pittsburgh, Pennsylvania |
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September 28 |
Seelbach Hilton, 500 Fourth Street, Louisville, Kentucky |
The need for national management criteria and regulation was emphasized by the December 2008 spill of coal ash from a surface impoundment near Kingston, Tennessee. The proposal will ensure for the first time that protective controls, such as liners and ground water monitoring, are in place at new landfills to protect groundwater and human health. Existing surface impoundments will also require liners, with strong incentives to close these impoundments and transition to safer landfills which store coal ash in dry form. The proposed regulations will ensure stronger oversight of the structural integrity of impoundments and promote environmentally safe and desirable forms of recycling coal ash, known as beneficial uses.
EPA is seeking public feedback on how to best implement and improve the guide for agency staff to further advance efforts toward environmental justice.
EPA has proposed two main management approaches, one of which phases out surface impoundments and moves all coal ash to landfills; the other allows coal ash to be disposed in surface impoundments, but with stricter safety criteria.
EPA Launches Web Forum on How to Best Protect America’s Drinking Water
EPA is launching a web-based discussion forum to gather public input on how the agency can improve protection of drinking water. The information will be used in implementing EPA’s new drinking water strategy announced by Administrator Lisa P. Jackson in March of this year.
“We look forward to reviewing the ideas and feedback from the public,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “This online discussion is for anyone who wants to share their input on protecting drinking water and improving public health.”
EPA seeks input from water professionals, advocates, and anyone interested in drinking water quality issues about best solutions for issues facing our nation’s drinking water—planning, developing scientific tools, controlling water pollution, and use of resources.
The discussion forum will feature a series of topics based on the four segments of the drinking water strategy: addressing contaminants as groups rather than one at a time, fostering development of new technologies, using the existing authority of several statues to protect drinking water, and partnering with states to share more complete data.
The forum will be open for discussion for about a month, with each topic area being discussed separately. Addressing contaminants as groups will also be discussed separately at a web-based meeting at the end of July.
New Office of Water Website
The new website is organized to make it more user-friendly and useful.
EPA Seeks Public Comment on Draft of Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual
EPA has released a draft of the Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual for public review and comment. The draft guidance manual provides public water systems and primacy agencies with guidance on complying with and implementing the assessment and corrective action requirements of the proposed Revised Total Coliform Rule (RTCR).
Under the proposed RTCR, public water systems that are vulnerable to microbial contamination in the distribution system (as indicated by their monitoring results for total coliforms and E. coli) are required to assess the problem and take corrective action. The proposed corrective action requirement may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure.
The draft guidance manual provides information on the common causes of total coliform and E. coli occurrence in the distribution system, how to conduct assessments to identify possible causes of contamination (“sanitary defects”), and corresponding corrective actions that systems can take to correct the problem.
Pennsylvania DEP Extending General Permit to Manage Stormwater Runoff
Pennsylvania’s Department of Environmental Protection (DEP) is providing municipal drainage system operators a nine-month extension of their existing general permit to better coordinate implementation of new permitting requirements.
The extension applies to general permit PAG-13, which governs how municipal separate storm sewer systems handle stormwater runoff in urban areas. These systems, commonly referred to as MS4s, are publicly owned networks of storm drains, pipes, and ditches that collect and drain stormwater.
Improperly managed stormwater runoff can damage streams, cause significant erosion, and carry excessive pollutants downstream.
“This extension will give municipalities time to evaluate the new general permit fully and develop reasonable plans to meet it,” said DEP Deputy Secretary for Water Management John Hines. “Existing operators of regulated MS4s are authorized and required to continue discharging stormwater in accordance with the terms and conditions of their existing general permit and provide annual reports on the program’s progress.”
The current PAG-13 permit for all MS4s is scheduled to expire at midnight on March 9, 2011. The extension will take effect March 10, 2011, and expire at midnight on December 9, 2011.
The extension allows time for DEP and U.S. EPA to conduct municipal outreach on the revised permit and to provide municipalities time to prepare their permit applications and supporting information.
The extension also applies to existing PAG-13 permit approvals, waivers from permit application requirements, and exemptions from the MS4 operator designation that are scheduled to expire.
Permittees covered by an individual permit should continue to implement the requirements of their permit and should request a coverage extension based on its terms and expiration date.
The existing PAG-13 permit documents are available from the department’s regional offices. The permit package also is available on the department’s website through the “Licensing, Permits, & Certification” page, or by calling Barry Newman at 717-705-6346.
DOT Fines Enbridge $2.4 Million for Safety Violations
The U.S. Department of Transportation is fining Enbridge Energy Partners, LP, more than $2.4 million for violations of federal pipeline safety regulations. On November 28, 2007, two Enbridge employees were killed when repairs to an Enbridge pipeline on their Lakehead system in Clearbrook, Minnesota, caused leaking crude oil to ignite.
An extensive accident investigation conducted by the Pipeline and Hazardous Materials Safety Administration (PHMSA) found Enbridge failed to safely and adequately perform maintenance and repair activities, clear the designated work area from possible sources of ignition, and hire properly trained and qualified workers. PHMSA’s year-long investigation led to issuance of a notice of proposed violation to Enbridge and a subsequent hearing, prior to this final order.
“Safety is the number one priority of this Department,” said U.S. Transportation Secretary Ray LaHood. “This Department holds pipeline operators accountable for protecting their own workers as well as the health, welfare and safety of American communities where they operate.”
The final order issued by PHMSA outlines the violations of federal pipeline safety regulations and imposes the $2,405,000 civil penalty. Enbridge also must revise and implement certain pipeline maintenance and repair procedures, as well as train and requalify its employees.
Civil penalties associated with a final order must be paid within 20 days unless the operator chooses to file a petition requesting that PHMSA reconsider its findings. PHMSA may grant or deny the operator’s request without further proceedings.
PHMSA is also issuing two additional final orders to Enbridge that total $57,800 in civil penalties for violations identified following inspections at facilities in Houma, Louisiana, in 2006 and Cushing, Oklahoma, in 2009. During inspections in Houma, PHMSA discovered failures by Enbridge Offshore Gas Gathering, LLC, to properly monitor for internal corrosion and perform valve maintenance procedures resulting in a civil penalty of $29,000. Inspections at the company’s Cushing Terminal facility resulted in a civil penalty of $28,800 for failing to properly inspect in-service breakout tanks.
Enbridge Energy Partners, LP owns and operates liquid petroleum and natural gas transportation businesses with pipelines in 18 states. PHMSA inspectors and their state pipeline safety partners are committed to ensuring the safety of America’s pipeline transportation system and will continue to carefully monitor Enbridge Energy’s activities.
EPA and Lancaster Company Reach Settlement on Chemical Reporting Violations
Maxima Technologies & Systems, LLC, has settled alleged violations of EPA’s Toxic Release Inventory (TRI) chemical reporting requirements at its plant on Rohrerstown Road in Lancaster, Pennsylvania.
EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (EPCRA), which requires companies that manufacture, use, or produce more than a threshold amount of listed toxic chemicals to file a Toxic Release Inventory (TRI) report with EPA and the state. Companies must also report both routine and accidental releases of toxic chemicals, as well as the maximum amount of any listed chemicals at the facility, and the amount contained in wastes transferred off-site. These reports are used to compile an annual, publicly available EPA database that contains information on toxic chemicals and releases.
In July 2009, EPA inspected Maxima’s Lancaster facility to evaluate its compliance with EPCRA regulations. EPA alleges that during 2007 and 2008, the facility processed lead in quantities that exceeded the reporting thresholds for lead and failed to file the required TRI reports.
In a consent agreement with EPA, Maxima Technologies & Systems has agreed to pay a $35,394 civil penalty for failing to file the required annual reports. The settlement penalty reflects the company’s cooperation with EPA’s investigation of these alleged violations and its compliance efforts.
The goal of TRI is to provide citizens with information about toxic chemical releases and waste management activities in their communities. The data is also useful to all levels of industry, government, non-governmental organizations, and the public in planning and decision making.
Upcoming ENERGY STAR Webinar to Present Ideas for Energy Awareness Month
EPA will soon be hosting another segment in their ongoing series of ENERGY STAR Communications Webinars on September 1, 2010, from 1:00pm–2:30pm EST. The webinar will show communications and public affairs staff how to make the most of Energy Awareness Month (October) by engaging customers, employees, tenants, community, and other stakeholders. A majority of Americans recognize the ENERGY STAR brand, which ENERGY STAR partners are a part of.
Webinar topics will include:
- 25 ideas for organizations of all sizes to celebrate Energy Awareness Month
- Information about the newest addition to the HR Toolkit—Including everything a non-expert needs to deliver a brown-bag presentation to other non-experts
- New tools in the Bring Your Green to Work resource suite
- Free publications to help you spread the word
- EPA awards and how your organization can apply…and win
- How other organizations celebrate Energy Awareness Month
Energy managers, facility managers, communications staff, marketing staff, public affairs staff, and community affairs staff will all benefit from attending the webinar. The webinar will be hosted by the ENERGY STAR program’s communications staff and will provide attendees with tools and information to help them promote the good work of their organization.
Webinar on U.S. EPA’s Proposed Transport Rule
EPA is holding a webinar on September 2, 2010, from 1:00 pm–3:00 pm EDT to help people in communities provide feedback about EPA’s proposed Transport Rule, an air pollution regulation, by the October 1, 2010, deadline.
Earlier this year, EPA Administrator Lisa P. Jackson made “Expanding the Conversation on Environmentalism and Working for Environmental Justice” one of EPA’s top priorities. As one of the ways EPA is moving forward, the Agency is working to better respond to community requests for timely information about upcoming air pollution regulations and programs.
On July 6, 2010, EPA proposed a rule that would protect the health of millions of Americans by helping states reduce air pollution and attain clean air standards. This rule, known as the Transport Rule, would require 31 states and the District of Columbia to significantly improve air quality by reducing power plant emissions that contribute to ozone and fine particle pollution in downwind states.
Specifically, this proposal would require significant reductions in sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions that cross state lines. These pollutants react in the atmosphere to form fine particles and ground-level ozone and are transported long distances, making it difficult for other states to achieve national clean air standards.
EPA is hosting this webinar during the public comment period for the proposed rule. You can use the webinar to become more informed about this proposal and to prepare your comments. The webinar is not a means of providing public comment on the proposed rule; to become part of the record for the rule, comments must be submitted to the docket via the methods described in the proposed rule. The webinar will include detailed information on how to submit comments. The public comment period ends October 1, 2010. After reviewing all of the comments, EPA expects to issue a final rule in spring of 2011.
Using the Electronics Environmental Benefits Calculator to Measure Greener Electronics Management
EPA will present an informational webinar on September 14, 2010, from 2:00pm–3:00pm CDT to present information on how businesses can measure greener electronics use. This call will highlight how EPA’s Electronics Environmental Benefits Calculator (EEBC) can be used to calculate greener electronics purchasing, use, and end of life management benefits.
The EEBC provides estimates on the amount of greenhouse gases, toxins, and solid waste reduced by buying greener electronics, enabling energy saving features, and reusing or recycling electronics. Version 2.0 of this free calculator has been used by federal facilities since March of 2009 and can be used by any user or purchaser of desktops, laptops, or computer monitors to measure or plan their work.
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Trivia Question of the Week
What is the BlueGreen Alliance?
a. A group of oceanographers and forest rangers
b. A softball team composed of environmental scientists
c. The U.S. government’s water and land protection team
d. A national, strategic partnership between labor unions and environmental organizations dedicated to expanding the number and quality of jobs in the green economy
