EPA Removes Confidentiality Claims for More Than 150 Chemicals

June 13, 2011

In order to ensure the public has as much information as possible about the health and the environmental impacts of chemicals, the EPA has made public the identities of more than 150 chemicals contained in 104 health and safety studies that had been claimed confidential by industry. 

For these 104 studies, the chemical identity will no longer be redacted, or kept from view. The chemicals involved are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

“This action to disclose the identity of more than 150 chemicals is an important step in EPA’s commitment to give the American people access to critical information about chemicals that their children and families may be exposed to,” said Steve Owens, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “A health and safety study with the chemical name kept secret is completely useless to the public.”

In 2010, EPA challenged industry to voluntarily declassify unwarranted claims of confidential business information (CBI). The agency also issued new guidance outlining plans to deny confidentiality claims for chemical identity in health and safety studies under the Toxic Substances Control Act (TSCA). Based on this guidance, EPA notified a number of companies in February 2011 that the agency had determined their CBI claim was not eligible for confidential treatment under TSCA and that EPA intended to make the information public.

The health and safety studies include some declassified by the agency and other voluntary declassifications by companies in response to EPA’s challenge. EPA is committed to posting new declassified materials under TSCA on the agency website on a regular basis.

In addition to these actions, over the past several months, EPA has taken a number of other steps to make chemical information more readily available. The agency has provided the public, for the first time ever, with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites. EPA also launched a new chemical data access tool that for the first time gives the public the ability to electronically search EPA’s database of more than 10,000 health and safety documents on a wide range of chemicals that they may come in contact with every day. EPA will continue to take actions to increase the public’s access to chemical information.

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What to Do with Bisphenol A: Ban it, Restrict it, Leave it Alone?

 

In the articles, C&EN Senior Correspondent, Stephen K. Ritter, explains that BPA has been used in an array of consumer goods since the 1950s. Today it is a mainstay ingredient in hard plastics in some reusable drink containers, DVDs, eyeglass lenses, cell phones, auto parts, sports safety equipment, and other products. BPA also is a key component of the protective coatings inside food and drink cans, dental sealants, and cash register receipts.

Not surprisingly, BPA shows up in the urine of almost everyone, Ritter writes, noting that scientists have known since the 1930s that BPA has estrogenic effects, mimicking the action of the female sex hormones. Hundreds of laboratory studies with test animals and cell cultures have linked those effects to a range of human health problems. Yet the debate about what to do with BPA—ban it, restrict it, leave it alone—continues because government regulators question whether the methods used in those studies accurately portray BPA’s potential health effects in humans.

Connecticut Governor Signs Paint Stewardship Law

Connecticut Governor Dannel P. Malloy has signed into law the nation’s third program requiring paint manufacturers to safely manage leftover latex and oil-based paint from households and painting contractors.

The law, Public Act 11-24, will increase opportunities for residents and contractors to recycle architectural paint, while saving significant costs for local agencies. The legislation was supported by the paint industry, and is the third law resulting from a multi-stakeholder negotiation facilitated by the Product Stewardship Institute . The first two laws passed in Oregon and California in 2009 and 2010, respectively.

More than 609 million gallons of architectural paint are sold in the United States each year, 10% of which is estimated to remain unused. Underfunded municipal collection programs result in insufficient reuse, recycling, and improper disposal of leftover paint.

“We look forward to building on our experience in Oregon and California to launch a program in Connecticut that not only works for the paint industry, but also meets the public’s need for convenience, efficiency, and cost effectiveness,” said Alison Keane, Vice President for the American Coatings Association ). “The Product Stewardship Institute’s unique process of engaging both government and industry stakeholders and incorporating all interests into the solution helped us develop a state model that can be replicated across the country instead of having a patchwork of laws.”

The new program in Connecticut, slated to begin implementation on or before July 1, 2013, will include the cost of safely managing leftover paint in the purchase price of new paint, and will set up an industry-led program to reduce paint waste, increase reuse and recycling, and safely dispose of remaining unusable paint.

“As any homeowner in Connecticut knows, getting rid of unwanted paint is a difficult challenge,” said Daniel C. Esty, Commissioner of the Department of Environmental Protection. “With our new program, we will provide a convenient option for residents to safely recycle or dispose of unwanted paint by taking it to a participating retailer or household hazardous waste program. Thanks to the cooperation of the paint industry, we will be able to increase our recycling, save money for municipalities and provide a valuable service to our citizens—all at no cost to state taxpayers.”

 

“This law would not have been possible without the steadfast leadership of the paint industry and the perseverance of other stakeholders,” said Scott Cassel, PSI’s Executive Director. “Every decision was made through a painstaking consensus, and it will pay off in the form of millions of dollars of savings each year for Connecticut local governments, increased environmental benefits, and additional environmental jobs.”

There are more than 60 state producer responsibility laws around the country that require product manufacturers to provide for the collection and recycling of electronics, mercury thermostats, fluorescent lamps, and other products that cause unintended environmental impacts if not properly managed. PSI continues to work with other states pursuing paint stewardship legislation as part of the continued implementation of the national multi-stakeholder agreement.

Water System Operator Sentenced to Prison on Water Permit Violations

A West Monroe, Louisiana water system operator, convicted by a federal jury in January, has been sentenced on felony violations and a misdemeanor of the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act.

Jeffrey Pruett, 58, as president and CEO of Louisiana Land and Water Company (LLWC) and the Principal Officer of LWC Management Company, operated more than 30 public water supply system units and wastewater treatment units in eastern Louisiana. In June 2009, the U.S. EPA’s Criminal Investigation Division and Louisiana Department of Environmental Quality’s (DEQ) Criminal Investigation Division, along with other local, state, and federal partners, arrested Pruett on 17 felony charges involving violations of his company’s water discharge permits.

Pruett was charged with violating his company’s Louisiana Pollution Discharge Elimination System permits by not providing monitoring results, violating effluent discharge limits set forth in the permit, operating without a permit, having unpermitted discharges, and failing to provide proper operation and maintenance for his units. His companies faced the same felony charges, along with civil penalties from DEQ for permit violations. Numerous compliance issues were also associated with the operation of Pruett’s facilities.

U.S. District Court Chief Judge Robert G. James sentenced Pruett to 21 months of imprisonment for the felony counts and 12 months of imprisonment for the misdemeanor, to be served concurrently. Pruett will report to jail on July 18. Upon his release, Pruett will then serve a year of supervised release. Pruett was also issued a fine to be assessed jointly and severally of $310,000, and he must pay a special assessment of $725.

LLWC was issued a $300,000 fine to be assessed jointly and severally, and LLWC must pay a special assessment of $2,800. In addition, LWC Management was issued a $240,000 fine to be assessed jointly and severally, and must pay a special assessment of $400. The corporate entities were not issued probation.

EPA’s Criminal Investigation Division, the U.S. Attorney’s Office for the Western District, DEQ, Louisiana State Police, and the Ouachita Parish Sheriff’s Office cooperated in the case.

“The eradication of illegal discharges and violations of the Clean Water Act of any magnitude is a top priority for DEQ,” said DEQ Secretary Peggy Hatch. “Our partnership with state, local and federal authorities has been a vital asset in bringing such violators to justice, and this case is an example of the aggressive prosecution put forth toward those found guilty of violating the law and skirting environmental regulations.”

Businesses Fined for Air Quality Violations

The California Air Resources Board announced that since January 1, it has settled 33 cases involving air quality violations mostly by trucks and buses, primarily for failure to properly conduct and pass self-inspections aimed at measuring vehicle smoke emissions to ensure state requirements are met.

Of the nearly $244,000 collected, approximately $188,000 went to the California Air Pollution Control Fund to support air quality projects and research to improve California's air quality. An estimated $56,000 went to the Peralta Community College District to fund emission education classes at participating California community colleges under the California Council for Diesel Education and Technology program.

“Fining a company is usually a last resort,” said ARB Enforcement Chief Jim Ryden. “We take every opportunity to educate business owners and explain the need for compliance with California’s environmental laws. But when a company is negligent or chooses to not cooperate, we must take action. Chances are good that they will not repeat the offense.”

Fines totaled $243,659 with none from this group exceeded $30,000. The five companies paying the highest amounts were:

  • Southern California Edison (SCE) — fined $23,000 for failing to properly self-inspect their diesel trucks to assure the trucks met state smoke emission standards, and to properly affix emission control labels on the engines of their fleet vehicles.
  • Versacold Logistics LLC — fined $20,325 for failing to submit a report of activities involving transport refrigeration units at their Modesto facility by the required deadline. The company has now submitted a complete report and agreed to comply with all pertinent regulations.
  • Ensign United States Drilling (California) Inc. — fined $19,125 for failing to smoke test diesel vehicles in its fleet and to report and label its off-road diesel vehicles by the required deadline.
  • Paul Vaz Trucking, Inc. — fined $19,000 for failing to properly self-inspect their diesel trucks and properly affix required emission control labels.
  • Eastern Contra Costa Transit Authority — fined $17,000 for failing to properly retrofit many of its urban buses and transit fleet vehicles to assure the trucks met state smoke emission standards.

Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

$48,000 Penalty for Repeat Permit Violations

Elma Rock N Redi Mix received a $48,000 penalty from the Washington Department of Ecology (Ecology) for ongoing permit violations.

Ecology has a detailed enforcement history on the plant located on SR 12 in Elma, Washington. The company has received numerous warnings and orders to correct its violations. The latest issue stems from the company’s lack of response to a $24,000 penalty and administrative order issued by Ecology in July 2010.

At that time, Elma Rock N Redi was directed to take the following steps within a specific time frame:

  • Keep trucks and equipment from leaking oil and other fluids directly to soil.
  • Remove the contaminated soils and provide Ecology with a receipt indicating disposal at a permitted facility.
  • Submit a spill control plan.
  • Keep all concrete solids, slurry, and process/truck washout water contained in a lined basin.
  • Repair broken pipes that were leaking corrosive concrete slurry to the ground.

The deadlines in the 2010 order passed without documentation from Elma Rock N Redi that corrections had been made. Ecology conducted follow-up inspections in early 2011 and found evidence the violations had instead continued.

“Enforcement is a last resort for Ecology when all other attempts fail to bring a company into compliance,” said Ecology’s Kelly Susewind, Water Quality Program manager. “In this case, we’ve given penalties and administrative orders—with little effect. We’re cautiously hopeful the company will take this escalated penalty seriously.”

Ecology also advised the company that the two administrative orders that were previously issued in February 2008 and July 2010 are still in effect and must be followed.

Sand-and-gravel permits protect clean water by setting controls over the discharge of water pollution from sand and gravel mining operations and associated vehicles and facilities.

In this case, the company created risk of pollution from uncontrolled oil leaks, from soils exposed to corrosive concrete products, and from failure to clean up spills.

Efforts Needed to Ensure that Climate Mitigation Initiatives Do Not Cause or Worsen Health Problems Linked to Indoor Air Quality

According to the report, EPA should ensure that climate change and the materials and methods used in building weatherization and energy-efficiency retrofits do not create new indoor problems or exacerbate existing ones, such as mold-causing dampness, secondhand smoke, and chemical emissions from building materials, said the committee that wrote the report.

Indoor dampness, poor ventilation, excessive temperatures, and emissions from building materials and equipment such as back-up power generators all can contribute to health problems. The push to improve buildings' energy efficiency has spurred more rapid introduction of untested new materials and building retrofits that limit and alter air flow and may concentrate indoor pollutants such as chemical emissions and environmental tobacco smoke. Government agencies and other organizations are developing and promoting protocols to evaluate emissions from furnishings, building materials, and appliances, but more needs to be done to make prevention of health problems a priority, the report says.

“America is in the midst of a large experiment in which weatherization efforts, retrofits, and other initiatives that affect air exchange between the indoor and outdoor environments are taking place and new building materials and consumer products are being introduced indoors with relatively little consideration as to how they might affect the health of occupants,” said committee chair John D. Spengler, Akira Yamaguchi Professor of Environmental Health and Human Habitation, department of environmental health, Harvard School of Public Health, Boston. “Experience suggests that some of the effects could be negative. An upfront investment to consider the consequences of these actions before they play out and to avoid problems where they can be anticipated will yield benefits in health and in averted costs of medical care, remediation, and lost productivity.”

EPA should coordinate with other groups to ensure that public health concerns are considered in the revision and adoption of building codes and standards for ventilation as well as emissions testing protocols, the report says. The agency also should spearhead research on the impact of climate mitigation efforts on indoor environmental quality and the health and productivity of occupants.

The study was sponsored by the EPA. Established in 1970 under the charter of the National Academy of Sciences, the Institute of Medicine provides independent, objective, evidence-based advice to policymakers, health professionals, the private sector, and the public. The National Academy of Sciences, National Academy of Engineering, Institute of Medicine, and National Research Council make up the National Academies.

Consensus Standards Developed by Advocates, Industry Will Save Consumers Billions

The new rules are based on a joint recommendation filed with DOE by the groups in 2009.

“These standards are a triple win: a win for consumers, a win for public health, and a win for the environment,” said David Goldstein, energy program co-director of the Natural Resources Defense Council (NRDC). “Under the new standards, air conditioners will still keep homes cool on hot summer days but will use less electricity, particularly during high demand days. This will lower electricity bills and the potential for brownouts and blackouts and will also reduce the amount of deadly air pollution that causes ‘ozone alert’ or ‘red alert’ days that can lead to serious health problems and even premature death. Furnaces and heat pumps that meet the new standards will heat homes using less energy, while lowering energy prices for all consumers due to decreased demand.”

Once the latest updated standards take effect, a typical new air conditioner in the South will use about 40% less energy, and a typical new furnace in the North will use about 20% less than before national standards were established in the late 1980s.

Bipartisan legislation passed by the Senate Energy and Natural Resources Committee earlier this year also included standards based on the groups’ 2009 agreement. However, even with this DOE announcement, a bill will still be needed, since an additional key provision of the agreement can only be done via legislation. It would allow states to include even higher minimum efficiency levels for heating and cooling systems in their building codes for new homes. The Senate bill also includes standards for several other products, based on similar consensus agreements.

“Now that DOE has rolled out the first regional standards for heating and cooling equipment, we urge Congress to complete the picture by acting on the consensus agreement regarding new home building codes, as well as the other standards,” said Alliance to Save Energy President Kateri Callahan. “We all know that constructing buildings efficiently ‘from the ground up’ is the easiest, most cost-effective way to ensure that owners of new homes reap the benefits of energy efficiency while reducing their carbon footprints.”

According to DOE’s analysis, the improvements to the air conditioner and heat pump standards will save 156 billion kilowatt hours of electricity over 30 years, or about enough to meet the total electricity needs of all the households in Indiana for three years, while delivering net savings of more than $4.2 billion to U.S. consumers.

The new furnace standards will save 31 billion therms of natural gas, or about enough natural gas over 32 years to heat all the homes in New York State for more than 11 years and save consumers $14.5 billion.

“The agreement on which the new DOE rule is based is another great example of industry and advocacy groups collaborating to save energy and improve the environment,” said Stephen Yurek, President and CEO of the Air-Conditioning, Heating, and Refrigeration Institute (AHRI), one of the organizations that negotiated the agreement. “It represents a major step forward in the nation’s drive to increase energy efficiency. It will save energy and will provide industry with greater certainty in the marketplace, which enables more investment, enhances global competitiveness and preserves jobs,” he said.

The energy savings from the new DOE standards also will deliver big benefits for the electric system, the environment, and public health. Improved air conditioner efficiency will reduce hot-summer-day electric demand by about 4,000 megawatts, or roughly the output of 13 large, gas-fired power plants. Global warming carbon dioxide emissions will be cut by up to 143 million metric tons over 30 years, an amount about equal to the annual emissions of 25 million passenger vehicles. Power plant emission of mercury and smog-forming nitrogen oxides will also be cut.

“Climates as different as those of Minneapolis and Miami need different furnace and AC standards,” said Andrew deLaski, executive director of the Appliance Standards Awareness Project (ASAP). “Until now, we’ve had one-size-fits-all national standards. These new, regional standards are a major breakthrough that will benefit consumers and the environment.”

These standards will also protect low-income households, most of which are comprised of renters dependent on their landlords to provide the heating system. “These new regional furnace standards will ensure that landlords install efficient systems, which will make tenants’ heating bills much more affordable,” said Charlie Harak, managing attorney of the National Consumer Law Center (NCLC).

The signatories to the joint agreement on which the standards are based are the Alliance to Save Energy, American Council for an Energy-Efficient Economy (ACEEE), ASAP, AHRI, California Energy Commission, NRDC, Northeast Energy Efficiency Partnerships, Northwest Power and Conservation Council, and more than a dozen individual furnace and air conditioner manufacturers.

Others on record in support of the new standards include consumer groups such as the NCLC and Consumer Federation of America; gas and electric utilities such as National Grid and Avista Corporation; and the Northwest Energy Efficiency Alliance.

The new furnace standards will apply beginning in May 2013 and the new air conditioner and heat pumps standards in January 2015. The original national furnace standards took effect in 1992, and this new rule is the first update. Initial national standards for air conditioners and heat pumps took effect in 1992, and a previous DOE update became effective in 2006.

“With summer approaching, the high cost of energy is once again on consumers’ minds as their air conditioning needs increase,” said Steven Nadel, executive director of ACEEE. “These new standards continue a long-term trend that has dramatically raised the efficiency of these essential products, delivering huge benefits for consumers.”

EPA Proposes Policy on Nanoscale Materials in Pesticide Products

Under the requirements of the law, EPA will gather information on what nanoscale materials are present in pesticide products to determine whether the registration of a pesticide may cause unreasonable adverse effects on the environment and human health. The proposed policy will be open for public comment.

“We want to obtain timely and accurate information on what nanoscale materials may be in pesticide products, “said Steve Owens assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “This information is needed for EPA to meet its requirement under the law to protect public health and the environment.”

A number of organizations, as well as government, academic, and private sector scientists, have considered whether the small size of nanoscale materials or the unique or enhanced properties of nanoscale materials may, under specific conditions, pose new or increased hazards to humans and the environment.

EPA also recognizes that nanoscale materials have a range of potentially beneficial public and commercial applications, including pest control products. The agency will continue to encourage responsible and innovative development of products containing nanoscale materials to realize these benefits while also addressing health or environmental concerns.

The new proposed policy options will be published in the Federal Register shortly. The notice will also propose a new approach for how EPA will determine whether a nanoscale ingredient is a “new” active or inert ingredient for purposes of scientific evaluation under the pesticide laws, when an identical, non-nanoscale form of the nanoscale ingredient is already registered under FIFRA. This approach will help ensure that EPA is informed about the presence of nanoscale ingredients in pesticide products and allows a more thorough review of the potential risks.

Comments on the Federal Register notice will be accepted until 30 days after publication. 

RGGI Auction Yields Maine $769,000

Hundreds of thousands of dollars in investment toward energy efficiency efforts in Maine has been sparked by this week’s Regional Greenhouse Gas Initiative ) auction.

Maine yielded $769,092 of the $25.5 million in investment created by the proceeds from the10-state cap-and-trade collaborative’s 12th auction of carbon credits. That money will be managed by the Efficiency Maine Trust to fund programs to improve energy efficiency, accelerate the deployment of renewable energy technologies, and provide direct assistance to energy consumers.

30% of the carbon allowances available in the auction were sold, going to the 25 winning entities whose bids ranging from $1.89 to $7.40 per ton. Electric generators and their corporate affiliates purchased 91% of the current control period allowances sold.

RGGI affects only fossil fuel-fired electricity generating units having a rated capacity equal to or greater than 25 megawatts. There are six facilities in Maine mandated to purchase carbon credits through RGGI to offset their emissions, though other entities/individuals can choose to purchase credits, either as an investment or because of a desire to do environmental good or as part of a corporate environmental policy.

Since RGGI’s start, Maine has hauled in $26.8 million of the $886.4 million total, the majority of which is invested to save energy consumers money, create jobs and make businesses more competitive.

“We’re so pleased with how the monies in Maine are strategically spent to create a cleaner future by reducing harmful emissions while at the same time, ensuring the jobs of today are being retained and the ones of tomorrow are being created,” said Maine Department of Environmental Protection Deputy Comissioner, Pattie Aho, who represents the state on the RGGI Board of Directors. “RGGI continues to be paying off for both Maine’s environment and our economy.”

In Maine, RGGI proceeds are being invested to implement large-scale energy efficiency projects in commercial and industrial facilities. Sappi Fine Paper’s Somerset Mill in Skowhegan is just one of 17 companies that have received RGGI-funded grants from Efficiency Maine’s Large Projects Grant Program. As a result of the project, the mill is expected to save enough electricity annually to power 300 typical Maine households for a full year.

In Searsport, the GAC Chemical Corporation has received more than $300,000 to improve energy efficiencies at their manufacturing facility, resulting in employee retention and future growth thanks to the cost savings the comes from the new technology.

“The RGGI states have put a price on carbon to foster innovation in our region,” said David Littell, a commissioner of the Maine Public Utilities Commission and chair of the RGGI Board of Directors. “The RGGI auctions are continuing to drive large-scale investments in energy bill savings and improved business competitiveness.”

California Man Sentenced to Four Years in Prison for Conspiring to Violate the Clean Air Act

The owner and manager of a California condominium complex have been sentenced for conspiring to violate the Clean Air Act’s (CAA) asbestos work practice standards during the renovation of a 204-unit apartment building in Winnetka, California, in 2006—work that caused asbestos to be released into the complex and the surrounding community.

Charles Yi, of Santa Clarita, California, was sentenced by U.S. District Judge Percy Anderson to four years in prison. John Bostick, also of Santa Clarita, was sentenced to six months home confinement, 150 hours of community service, and three years probation. Yi was convicted after a two week trial in March 2011 when a jury found him guilty of five felony offenses, including conspiring to violate the CAA. Bostick pleaded guilty in February 2011 to conspiracy to violate the CAA.

The jury also convicted Yi of failing to notify EPA and the South Coast Air Quality Management District about a renovation containing asbestos, failing to provide a properly trained person during a renovation containing asbestos, failing to properly remove asbestos and failing to properly dispose of asbestos wastes.

Yi was the owner of the now-defunct Millennium-Pacific Icon Group and Bostick was its vice-president. Millennium-Pacific owned the Forest Glen apartment complex in Winnetka that was being converted into condominiums in 2006. Knowing that asbestos was present in the ceilings of apartments in the Forest Glen complex, Yi, Bostick, and the project manager, Joseph Yoon, hired a group of workers who were not trained or certified to conduct asbestos abatements. The workers scraped the ceilings of the apartments without knowing about the asbestos and without wearing any protective gear. The illegal scraping resulted in the repeated release of asbestos-containing material throughout the apartment complex and the surrounding area because Santa Ana winds were blowing during the time of the illegal work. After the illegal asbestos abatement was shut down by an inspector from the South Coast Air Quality Management District, the asbestos was cleaned up at a cost of approximately $1.2 million. Yoon pleaded guilty to conspiracy charges in June 2010. Yoon is scheduled to be sentenced in July 2011.

The federal CAA requires those who own or supervise the renovation of buildings that contain asbestos to adhere to certain established work practice standards. These standards were created to ensure the safe removal and disposal of the asbestos and the protection of workers.

The case against Yi, Bostick, and Yoon was investigated by the EPA’s Criminal Investigation Division, the California South Coast Air Quality Management District, and the California Department of Toxic Substances Control. The case is being prosecuted by Assistant U.S. Attorney, Bayron T. Gilchrist, of the Environmental Crimes Section and Senior Trial Attorney, David P. Kehoe, of the U.S. Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

$350,000 Penalty for Air Permit Violations

Western Refining Company, the nation's fourth largest publicly traded independent oil refiner, has agreed to pay a $350,000 civil penalty to the New Mexico Environment Department (NMED). The civil penalty was assessed in a recent compliance order alleging that compressor engines at Western's refinery east of Gallup, New Mexico violated their permitted emission limits for nitrogen oxides and carbon monoxide between March and September 2010. The violations were detected during routine testing of the engines. In consultation with the NMED, Western Refining has revised its permitted emission limits and retested the engines to demonstrate compliance. During the permitting process, the Department determined that the engine violations did not cause or contribute to an exceedance of state or federal ambient air quality standards.

The compliance order is not the first environmental compliance issue for the Gallup refinery, which Western Refining, based in El Paso, Texas, purchased from Giant Industries of Arizona in 2006. The previous year, NMED and Giant Industries entered into a stipulated final order requiring Giant to implement extensive environmental upgrades at both the Gallup and Bloomfield refineries and to pay a civil penalty of $850,000. In 2009, NMED and Western Refining agreed to amend the stipulated final order, in part to resolve pending violations, and as part of this process, Western agreed to pay an additional $2,250,000 in stipulated penalties to the State of New Mexico.

$102K Penalty for VOC Air Violations

A Prospect, Connecticut, company that manufactures hard foam products has agreed to pay $102,000 and to strictly limit air pollution emissions from its main production facility to settle claims by the EPA and the US Department of Justice that it violated federal Clean Air laws.

In a settlement filed last week in federal district court, Polar Industries agreed to install a new air pollution control system for volatile organic compound emissions at its main facility in Prospect. At this facility, Polar uses expandable polystyrene beads, which emit VOCs, in order to manufacture block foam products such as foam insulation sheets used in building construction.As a result, Polar triggered CAA requirements for strict pollution limits.

Under the settlement, Polar will meet a new, low VOC emission limit. To meet the limit, Polar will install a new pollution control system that will destroy VOC emissions with a natural gas-powered incinerator. The new system will be fully operational by March 31, 2012. Polar will also obtain federally-enforceable air permits with its new VOC control requirements.

VOC pollution, a main cause of ground-level ozone and smog, is of special concern in Connecticut. Ground-level ozone can aggravate asthma and damage lung cells, and may cause permanent lung damage. Connecticut does not meet EPA’s national ozone standards and Polar’s excess VOC emissions have contributed to Connecticut’s failure to attain these standards.

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Trivia Question of the Week

It takes how much more energy to produce a bottle of water than it does to produce an equivalent amount of tap water?
a. 20 times more energy
b. 2,000 times more energy
c. 20,000 times more energy
d. 200,000 times more energy