A The lawmakers called the action a small step forward, but pledged to push legislation early next year. Lautenberg wrote the Chemical Right-To-Know law back in 1986 in the aftermath of a 1984 chemical disaster in Bhopal, India that killed thousands.
Lautenberg received a letter from EPA Administrator Stephen Johnson stating his intention not to move forward with a proposal to allow companies releasing chemicals to report every two years, instead of every year.
In addition to altering the frequency of reporting requirements, EPA has proposed allowing chemical facilities to release more pollution than these facilities can release right now without publicly reporting the releases. Currently, facilities can only release 500 pounds of pollution before having the disclose the information, but the Bush administration has proposed allowing these facilities to release up to 5,000 pounds of pollution before being required to report the details to the public.
The Toxics Release Inventory (TRI) was established as part of the Emergency Planning and Community Right-to-Know Act in 1986. The program requires owners of facilities to report annually on the amount of toxic chemicals that have been released into the air, water, or land. These facilities are also required to report how they dispose of chemicals that are not released to the environment (for example that are shipped offsite for treatment and disposal), or that are treated, recycled, or otherwise managed at the facility.
E-waste Update
The member governments of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal have agreed to accelerate efforts to reduce the risks posed to human health and the environment by the dramatic worldwide growth in electronic wastes. Priorities will include launching pilot projects to establish take-back systems for used electronic products, strengthening global collaboration on fighting illegal traffickers, and promoting best practices through new technical guidelines.
Ministers and heads of delegations are also expected to issue a declaration calling for urgent action to address the illegal trade in e-wastes. They will recognize the need to improve their national policies, controls and enforcement efforts, and they will urge industry to pursue “green design” by phasing out the need for hazardous components and managing the entire life cycle of its products.
Some 20 to 50 million metric tons of e-waste–which includes lead, cadmium, mercury and other hazardous substances–are generated worldwide every year as a result of the growing demand for computers, mobile phones, TVs, radios, and other consumer electronics. The Nairobi conference has also condemned the dumping last August of hazardous wastes in Abidjan, Cte d’Ivoire, which resulted in deaths, injuries and massive clean-up costs. It agreed to establish a strategic plan for strengthening the international community’s capacity for staging a rapid and effective emergency response to such crises. It further called upon governments to offer technical and financial assistance to enable Cte d’Ivoire to implement its national emergency plan.
Ms. Safiatou Ba-N’Daw, Coordinator of Cte d’Ivoire’s National Plan for Combating Hazardous Wastes, outlined for delegates the enormous costs her country faces in cleaning up the waste and the tons of soil it contaminated. Among the most affected people are children and workers in the informal sector. Other costs involve the greater demand for health services and the need to destroy affected livestock and food. “Our country was already under great financial strain, and this illegal dumping was the last thing we needed. But we are not here to point a finger of blame. Our population is suffering, and we are calling for solidarity from the international community. We need assistance to help us address this disaster,” she said.
Those at the meeting also agreed on the need for better coordination between the International Maritime Organization’s MARPOL Convention on the treatment of wastes resulting from the normal operations of ships, and the Basel Convention on the transport of waste cargoes. “We need to work closely with the IMO to ensure that our respective regimes complement one another and produce an airtight global system for regulating all wastes linked to shipping. This is equally true in the area of obsolete ships, where we must continue to work in partnership with the IMO as well as with the International Labor Organization,” said Sachiko Kuwabara-Yamamoto, the Convention’s Executive Secretary.
Other decisions made include the adoption of three new sets of such guidelines for the environmentally sound management of certain persistent organic pollutants (POPs). Many of these pollutants are among the most hazardous substances known to humanity. Guidelines on POP wastes and on PCBs were finalized in 2004. The new guidelines focus specifically on DDT, on other obsolete pesticides, and on dioxins and furans.
EPA, Hawaii Department of Health Seek Additional $135,000 from Pflueger for Failing to Meet Restoration Work Deadlines
The June consent decree required Pflueger to complete specific restoration and repair work by the end of October 2006. Work has yet to be started in the specified areas outlined in the consent decree. Although Pflueger recently notified the EPA and DOH he would not be able to comply with the schedule, no valid reason was provided and thus the stipulated penalties are being assessed.
“EPA included stipulated penalties as part of the consent decree specifically to avoid slippage in the schedules,” said Alexis Strauss, water division director for the EPA’s Pacific Southwest Region. “The court order clearly states Mr. Pflueger must meet these deadlines to assure the work is completed. We will continue to oversee all aspects of this agreement to ensure protection of the ocean and reef ecosystems at Pila’a.”
The current action builds upon other stipulated penalties of $23,500 being sought by the EPA for missed deadlines on an abandoned supplemental environmental project that would have replaced cesspools in the Kalihiwai area on Kauai. Pflueger chose instead to pay an additional fine of $221,000 in place of completing the project, as provided by the settlement.
The June settlement included the payment of $2 million in penalties to the state of Hawaii and the United States. Pflueger will spend approximately $5.3 million on the remaining work required by the settlement to prevent erosion and restore streams in areas damaged by the construction activity.
Pflueger’s property at Pila’a encompasses approximately 378 acres of coastal property on Kauai. Pflueger conducted grading and other land-disturbing construction at the site beginning in 1997 without obtaining permits. The activities included cutting away a hillside to create a 40-foot vertical road cut, grading a coastal plateau, creating new access roads to the coast, and placing dirt and rock fill into three perennial streams. The construction activity resulted in discharges of sediment-laden stormwater flowing into the Pacific Ocean at Pila’a Bay, damaging a beachfront home, the beach, and coral reefs.
New Tool Helps Importers/Exporters Comply with Environmental Laws
The site also has information on existing international agreements and regulations and includes a news section to keep buyers, sellers, and transporters aware of the latest developments.
The Web site, maintained by an EPA grantee called The National Center for Manufacturing Sciences (NCMS), is one of the 14 EPA-sponsored centers. Each center explains real-world environmental compliance issues relevant to a specific industry sector or issue. The centers deliver information in plain language, with an emphasis on what the regulated community needs to know to get in and stay in compliance. Existing centers address agriculture, auto repair and auto recycling, chemicals, federal facilities, health care, local government, metal finishing, paints and coatings, printed wiring board, printing, and transportation.
The centers are celebrating 10 years of helping regulated facilities, particularly small businesses and local governments, understand and meet environmental regulations. In a decade, the number of centers has grown from three to 14, and together they attract more than one million visitors a year. In a recent centers' survey, 78% of regulated businesses and governments said they had improved their environmental management practices as a result of using the information provided by the centers.
Treatment Technologies for 1,4-Dioxane
1,4-Dioxane is a solvent stabilizer frequently found at contaminated sites where methyl chloroform (1,1,1-trichloroethane) was used for degreasing. The information presented should prove useful to project managers and other regulatory officials who oversee cleanup of contaminated groundwater, particularly where chlorinated solvents are the principal contaminant. Consultants, including hydrogeologists, remediation engineers, and modelers, should also find this report useful, as should water utility operators and regulators.
In Situ Treatment Technologies for Contaminated Soil
The document presents information on common practices such as soil vapor extraction and bioventing, and less frequently used technologies such as in situ thermal treatment. This information is intended to give project managers a basic understanding that will allow for further consideration of the technology's applicability at a site.
. This area provides information about ongoing and completed applications to treat chlorinated solvents, petroleum products, metals, explosives, and PCBs in groundwater and soil. The project profiles provide summary information about each application, including relevant site information, contaminants and media treated, technology design and operation, cost information, and performance results, as well as point(s) of contact and references. Projects for this Web site are collected using information from technical journals and conference proceedings, as well as other published sources including Record of Decisions (RODs) or 5-year reviews. The Web site currently includes information on 23 in situ flushing project profiles including completed and on-going applications.
EU Members Reach Compromise Agreement on “REACH”
The proposed European chemicals legislation (REACH - Registration, Evaluation and Authorization of Chemicals) is designed to give the public greater protection from intentionally produced chemicals. It is intended to address the lack of basic information available on chemicals, to minimize the costs of providing this data, and to take precautionary action on the most problematic substances.
The REACH proposal sets out criteria to identify extremely hazardous chemicals. It gives them a special classification: substances of very high concern. These chemicals will require a special license, called an authorization, for continued use.
Beginning in April 2007, REACH will impose new safety evaluations on 30,000 chemicals used in a wide variety of products in a regime to be administered by a new EU chemicals agency in Helsinki.
The most dangerous chemicals, persistent, bioaccumulative and toxic substances, will be refused authorization if safer alternatives exist while makers other chemicals, such as hormone disruptors, will have to submit substitution plans and prove they operate with adequate control.
However, the REACH proposal currently contains a potential loophole. It will permit the continued use of these most hazardous chemicals even if a safer alternative is available. To continue using the chemical, a manufacturer, for example, will have to demonstrate it is exercising "adequate control" of the chemical (a term that has yet to be properly defined).
Delegations from the European Parliament and the Council hammered out a deal on REACH, at their sixth set of informal negotiations last week The compromise will be put to the vote by the full Parliament at the plenary session in December – if approved, the proposal would become law at this, second reading, stage.
The main points of the package agreed:
The European Parliament will appoint two members of the Helsinki-based European Chemicals Agency.
Authorization: for dangerous substances, there will be an obligation to submit a substitution plan to replace them with safer alternatives. Where no alternative exists, producers will have to present a research and development plan.
Endocrine disrupters: a clause was agreed, to review after six years, on the basis of the latest scientific data, the inclusion of substances with endocrine disrupter properties among those which can only be authorized if the socio-economic benefits of their use is higher than the risk to human health or the environment, and if no safer alternative exists.
Intellectual property provisions have been strengthened with data protection extended from 3 to 6 years.
Duty of Care: this principle is enshrined in the regulation in a recital which recalls that the manufacturing, importing, or placing on the market of substances should, under reasonable foreseeable circumstances, not adversely affect human health or the environment.
Animal welfare: changes have been agreed with the aim of avoiding duplication of animal testing and at promoting alternative test methods.
The agreement has now to be confirmed by the member states’ representatives and by the full Parliament during the next plenary session in Strasbourg. The vote is scheduled for Wednesday, December 13.
EPA and NJ Settle with PSEG Fossil LLC for Violations of 2002 Consent Decree
The EPA, the U.S. Department of Justice, and the state of New Jersey announced that they have lodged with the court a Clean Air Act (CAA) settlement with PSEG Fossil LLC related to PSEG’s failure to comply with a 2002 consent decree requiring installation of pollution controls at its coal-fired power plants in Jersey City and Hamilton, New Jersey. This new settlement, which is subject to court approval, secures additional air pollution reductions, tighter controls, valuable environmental projects, and a significant penalty.
Under the terms of the settlement, PSEG will be required to pay a civil penalty of $6 million – $4.25 million to the federal government and $1.75 million to New Jersey. PSEG will also perform environmental mitigation projects valued at $3.25 million to reduce particulate matter from diesel engines in New Jersey.
“The new agreement with PSEG will benefit New Jersey’s environment,” said Alan J. Steinberg, EPA regional administrator. “The agreement contains new, more stringent requirements than those to which we originally agreed. Failure to comply with a consent decree is serious business and we will hold the parties accountable until every obligation is satisfied. These changes will advance our commitment to improving air quality for New Jersey and its neighbors.”
“PSEG failed to live up to its obligations under the 2002 consent decree, putting air quality and public health at risk,” said Granta Y. Nakayama, EPA assistant administrator for the Office of Enforcement and Compliance Assurance. “This new agreement shows that there are serious consequences to violating court orders like the 2002 consent decree, and that EPA will take the necessary steps to enforce its prior agreements to ensure that the public is protected from excessive air pollution.”
The amended agreement, signed by the United States and the state of New Jersey, requires the electric utility to accelerate the installation of air pollution control equipment at its Mercer plant, to install additional control equipment that was not previously required, and to carry out a host of interim pollution control measures in exchange for delaying the installation of pollution controls at the Hudson plant required under the original timeline.
Under the 2002 consent decree, PSEG was required to install pollution control equipment at the Mercer and Hudson plants to reduce sulfur dioxide (SO2), nitrogen oxide (NOx) and particulate matter (PM), and take steps to reduce mercury and carbon dioxide emissions. The utility did install pollution control equipment for nitrogen oxides known as selective catalytic reduction (SCR) at its Mercer plant. SCR is capable of reducing nitrogen oxides by approximately 90%. However, PSEG has failed to take the necessary steps to install required pollution control equipment at the Hudson facility as required by the original settlement.
To compensate for the pollution reductions not achieved due to PSEG’s noncompliance, PSEG will be required to install an acid gas scrubber–state-of-the-art technology for removing sulfur dioxide from exhaust gases produced by the power plant–at one of the Mercer plants by 2010, two years earlier than the previous requirement to install it by 2012. PSEG will also install an acid gas scrubber at the other Mercer plant in 2010 as required by the 2002 agreement. PSEG must also now meet a new NOx emissions limit at the Mercer plant starting January 1, 2007. In addition, the company will install baghouses or dust collection chambers at its Mercer plant, which were not required under the original agreement, to cut pollution more than a less effective technology it was previously using. Lastly, PSEG is required to use carbon injection systems, not previously required, to reduce mercury emissions from the Mercer facility.
At the Hudson plant, PSEG will be required to take interim steps to reduce emissions of NOx, SO2 and PM until the required pollution control equipment is installed or the unit is shut down. These interim measures include year-round operation of the existing NOx control equipment utilizing selective non-catalytic reduction to reduce NOx, use of ultra-low sulfur coal, compliance with annual emission caps for NOx and SO2, and operation of an electrostatic precipitator and a fly ash conditioning system to control PM. Installation of permanent controls will be delayed until December 31, 2010, unless PSEG chooses to shut down the unit altogether in 2008. If PSEG does not shut down the Hudson facility and install permanent controls, PSEG will also be required to install a more effective baghouse than previously required, and use a carbon injection system to reduce mercury emissions from this facility after the pollution control equipment is installed.
For the period of the consent decree, PSEG will significantly reduce its emissions of NOx, SO2 and PM in order to achieve the same reductions required under the 2002 consent decree. Even after expiration of the decree, EPA estimates that PSEG will permanently reduce its NOx emissions by 534 tons per year, SO2 emissions by 257 tons per year, and fine particle emissions of 252 tons per year.
The utility has also elected to shut down two uncontrolled oil-burning units in Kearny, New Jersey. These shutdowns will further reduce air pollution. PSEG will be required to install continuous emissions monitoring systems that measure pollutants emitted into the atmosphere in exhaust gases for soot and mercury at its Hudson and Mercer plants. These new requirements will enable the company to continuously track these pollutants and enable it to take appropriate steps to address any problems observed. The state of New Jersey and EPA will use information from these monitors to determine PSEG’s compliance with the emissions limits.
Should PSEG fail to meet the requirements of the amended consent decree, they will be subject to stipulated penalties, ranging from $10,000 per day to $32,500 per day contingent on the type and length of the violation. The amendment also imposes new recordkeeping and reporting obligations to ensure that PSEG stays on schedule with the terms of the agreement.
OEPA Penalty for Operating without Air Permit
Mar-Bal, Inc., of Chagrin Falls will control nuisance odors and pay a $35,500 penalty as a settlement for violating Ohio's air pollution permitting requirements.
The company's facility at 16930 Munn Road was cited for installing and operating equipment without a permit and failing to conduct emissions testing. In addition, numerous odor complaints by area residents were attributed to styrene emissions from the facility.
Ohio EPA documented the permitting violations and the Lake County General Health District (LCGHD) investigated the odor complaints. As a contractual representative of Ohio EPA, LCGHD is responsible for responding to odor complaints in Geauga County.
Mar-Bal manufactures electrical and structural reinforced thermosetting material. The company's mixers, extruders, and blending and storage tanks emit pollutants to the air.
The company now has the required permit and has conducted stack testing to ensure its emissions comply with federal clean air standards. To prevent styrene odors from creating a public nuisance, the company has agreed to keep all doors, windows, and roof vents in the mixing area closed while any mixer is operating.
The civil penalty includes $28,400 to administer Ohio EPA and LCGHD air pollution control programs and $7,100 to Ohio EPA's clean diesel school bus program.
Vexor Fined almost $200,000 for Hazardous Waste Violations
Vexor Technology, Inc., has agreed to improve its waste handling procedures and pay a $195,720 penalty to settle hazardous waste violations at its facility located at 955 West Smith Road in Medina, Ohio.
Ohio EPA inspectors found Vexor received and stored numerous shipments of hazardous waste without a permit between April 2000 and April 2005. Vexor is an industrial waste and used oil transporter, transfer, and processing facility.
Dozens of companies sent hazardous waste to Vexor without properly identifying it as hazardous. Vexor later sampled the shipments and found they were hazardous. Ohio EPA also is pursuing enforcement action against those companies that sent the hazardous waste.
To minimize the receipt of hazardous waste in the future, Vexor must implement an Ohio EPA-approved waste analysis plan. If hazardous waste is mistakenly shipped to the facility, the company must follow procedures detailed in a new facility compliance plan. In addition, Vexor will pay to train customers on how to properly identify and manage hazardous wastes.
The settlement includes $135,720 to Ohio's hazardous waste cleanup fund; $40,000 to Ohio EPA's clean diesel school bus program; $10,000 to train Vexor customers; and $10,000 to the Medina County Fire Chief's Association, Technical Rescue and Operations Team, for the purchase of air respirators and other equipment.
PA Natural Chicks Fined $10,000 for Illegal Discharges to Groundwater
The Pennsylvania Department of Environmental Protection (DEP) has ordered PA Natural Chicks Inc. to submit plans for providing a potable water supply to an adjacent property that was affected by illegal industrial waste discharges. The company also must pay a $10,000 fine for water quality violations.
“This action ensures violations are corrected both in a timely manner and in a way suitable to the property owner who was affected most by the discharge,” DEP Southcentral Regional Director Rachel Diamond said.
In August, a department inspection of PA Natural Chicks, which operates a chicken hatchery in North Lebanon Township, Lebanon County, documented that discharges of industrial waste had flowed into its stormwater system, drained under Route 422, and entered the groundwater through a sinkhole on the property owned by Bobby Gerhart in South Lebanon Township, Lebanon County.
The discharge originated from an above-ground waste storage tank. The department also determined that the discharges polluted a drinking water well on the Gerhart property.
PA Natural Chicks must submit proposed plans to the department for providing a potable water supply to Gerhart’s property, replace the broken stormwater drainage pipe and fill the first sinkhole that appears on the Gerhart property after the pipe comes under Route 422.
PA Natural Chicks also must reach agreement with Bobby Gerhart on all the proposed plans.
If PA Natural Chicks and Bobby Gerhart are unable to reach a final agreement, the proposal must identify the positions of each party and PA Natural Chicks’ proposed approach. DEP will then make the final determination.
The fine was paid to the Clean Water Fund, which finances water quality improvement projects throughout the commonwealth.
Cycle Chem and Clean Venture Fined $35,000 for Waste Violations
The Pennsylvania Department of Environmental Protection (DEP) has fined Clean Venture Inc. and Cycle Chem a combined $35,000 for the illegal transport and disposal of corrosive wastes, solvents, oils and paints in the Shade Landfill in Shade Township, Somerset County. Waste transporter Clean Venture Inc. paid $19,000 and Cycle Chem, a hazardous waste treatment and storage company, paid $16,000 for the violations.
In a separate case, DEP on Wednesday also issued a notice of violation to Cycle Chem for a Nov. 17 chemical reaction fire that forced the evacuation of 300 workers at the Fairview Township Industrial Park.
A notice of violation is a formal decree that informs the company that its actions violated certain state environmental regulations; it is not a penalty assessment. Further action related to the chemical reaction fire, which began in a 55-gallon drum, is pending.
“Waste handlers and waste haulers face strict requirements to manage material safely, protect residents and keep the environment clean,” DEP Field Operations Deputy Secretary Michael Sherman said. “When those requirements are not met, there is a price to pay.”
The transport and disposal violations were discovered during random inspections by DEP and Pennsylvania State Police at Shade Landfill in June. Inspectors noticed strong solvent odors emanating from a Clean Venture truck using the facility.
DEP observed the removal of the vehicle’s contents and found numerous unapproved wastes, including crushed and intact containers of various sizes, some of which contained corrosive materials, paints, oils, sludge, and other unidentified liquids.
Free liquids and unauthorized wastes are not permitted in Pennsylvania landfills, where the materials potentially could cause future groundwater problems, endanger landfill workers and inspectors, and complicate transport.
No hazardous waste was found, but a number of empty hazardous waste containers were in the load. Truck manifests did not disclose the waste containers or the corrosives in the waste being disposed.
Landfills must have DEP approval to accept various types of non-hazardous and residual wastes for disposal.
Upon discovering the waste, DEP notified Cycle Chem, which dispatched personnel to remove and properly dispose of the suspect materials.
Delaware to Reduce Mercury Emissions
The Delaware Department of Natural Resources and Environmental Control (DNREC) continued its initiative to reduce mercury emissions with the issuance of an order to Claymont Steel to clean up mercury emissions at its steel “mini mill” in New Castle County, and the announcement of the department’s cooperative program to encourage salvage dealers to remove mercury switches from vehicles before they’re crushed and shredded. These actions occur in the wake of the department’s recent rules controlling air emissions, including mercury, from electric power plants.
Claymont Steel was notified that mercury emissions from its facility at 4001 Philadelphia Pike in Claymont were in violation of the Delaware Code, and requires development and implementation of a plan to reduce mercury emission by approximately 90%. Claymont Steel recycles scrap steel in an electric arc furnace using, among other steel, crushed and shredded automobiles. This automotive scrap often contains mercury from switches built into trunks, hoods, and anti-lock brake systems until 2003.
Stack testing of air emissions conducted earlier in 2006 indicates that mercury emissions from the Claymont facility’s electric arc furnace (EAF, the device used to melt scrap steel) are estimated at 360 pounds per year with a potential to reach or exceed 500 pounds per year with the plant operating at full capacity. Claymont Steel previously reported mercury emissions ranging from 28 to 39 pounds per year over the past five years based on engineering calculations rather than measured emissions.
To reduce the amount of mercury in vehicles being crushed and shredded for scrap, and thus the amount being released into the environment, a group of states and EPA joined with the auto and steel industries to form the National Vehicle Mercury Switch Recycling Program in August 2006. Scrap and salvage dealers who participate in the program are compensated for removing mercury switches form vehicles before crushing them to be sent to recycling facilities such as Claymont Steel.
“We are proud to become, through these actions, among the leaders in the United States on reducing mercury in our environment. These efforts will pay off for generations of Delawareans by helping make sure our fish are safe to eat, and Claymont Steel can carry out its recycling business as a good neighbor,” said Secretary Hughes.
The mercury switch removal program began this week with the mailing of letters to auto scrap dealers throughout Delaware encouraging them to join the national Vehicle Mercury Switch Removal Program, funded by the auto and steel industries. For those scrap dealers joining the program, they will be paid between $1 and $3 for each mercury switch removed. Also, accumulation containers will be provided and picked up by the program manager for safe recovery.
The department has also conducted an outreach program to medical and allied health professionals including efforts to reduce releases of mercury from thermometers and devices like blood pressure cuffs, and to encourage safe phase-out of these devices.
“We are seeking a comprehensive environmental solution by controlling pollution at its source as much as possible, not just relying solely on smokestack controls,” said James D. Werner, director of DNREC’s Air and Waste Management Division.
To bring its mercury emissions into compliance, the secretary ordered Claymont Steel to take the following actions:
- Immediately begin a quarterly testing program for mercury emissions from the facility’s EAF Baghouse, with the next test to be conducted by Dec. 15, 2006, and subsequent tests to be conducted no later than March 31, June 30, Sept. 30 and Dec. 31 of each year the facility continues to operate, with testing results to be submitted to DNREC within 60 days of completion.
- Immediately undertake a pollution prevention program to reduce the amount of mercury in scrap steel being fed into the EAF. The firm must stop processing any municipal solid waste that may contain mercury; work to minimize the mercury in raw material scrap through such means as the program to remove automotive mercury switches before vehicles are shredded; and report to DNREC any operational changes that may affect the amount of mercury in the scrap.
- Immediately undertake one of the following options to reduce mercury emissions, as soon as practical but not later than Dec. 31, 2008: design and implement an enhanced pollution prevention program to further reduce the amount of mercury in scrap; obtain permits, install and operate an activated carbon injection system or an alternative system proven to be just as effective to control mercury emissions to permittable levels; or design and implement a hybrid program using the preceding options.
- Notify the department that the EAF has ceased operations or identify which alternative it will undertake and submit a plan for the department’s approval no later than Jan. 31, 2007. The plan will include a detailed inventory of all mercury sources contributing to the facility’s mercury emissions for the purpose of developing programs to remove these sources prior to scrap delivery. The firm also must cooperate with mercury reduction programs in Delaware and must submit semi-annual reports, due June 30 and Dec. 31 of each year, detailing the progress of its mercury emissions reduction plan.
EPA Recognizes Companies, Individuals for Saving Water
Winners of the first Water Efficiency Leader (WEL) Awards were chosen by a panel of national water experts and based on three criteria: leadership, innovation, and water saved.
"These water efficiency stars are shining examples of cooperative conservation and innovative technology," said Benjamin H. Grumbles, assistant administrator for water. "EPA salutes these leaders for helping America save water, money, and energy for families and communities."
While population has nearly doubled over the past 50 years, water use has more than tripled.
California Challenges EPA’s Refusal to Regulate Global Warming
California Attorney General Bill Lockyer issued the following statement regarding oral arguments in the U.S. Supreme Court in the multi-state challenge of the EPA’s decision to not regulate vehicular greenhouse gas emissions that pollute the air and contribute to global warming:
“At a time when the vast majority of the world’s climate scientists warn that we must act now to stop the devastating effects of global warming, the EPA continued stance that it cannot and will not regulate greenhouse gas emissions is a tremendous threat to our health, environment and economy.
“Global warming is already causing significant harm to California–to its environment, economy, agriculture and public health. We are seeing the harmful impacts to our rich agricultural lands, the Sierra snow pack, and the safety of coastal communities. These impacts are costing millions of dollars and the price tag is increasing.
“The Clean Air Act is clear. It authorizes the EPA to regulate air pollutants that endanger public health and welfare. Yet, this very agency charged with safeguarding the health of our environment tells us air emissions contributing to the most looming threat to the welfare of the planet do not count as pollution.
“The United States is the largest polluter on the planet and leadership from our federal government is essential to curb global warming. But, California will not stand by if the Bush Administration continues to stall. As a coastal state, an agricultural state, and a state that relies on its Sierra snow pack, California has an enormous stake in acting now.”
Attorney General Lockyer was joined by 11 other Attorneys General, two cities and major environmental groups in the lawsuit, which was filed with the U.S. Court of Appeals in Washington, D.C. on October 23, 2003. Numerous parties have filed supporting amicus briefs, including six additional states, former EPA administrators, former Secretary of State Madeleine Albright and prominent climate scientists.
Review of Lead NAAQS Draft Available
On December 4, EPA’s Office of Air Quality Planning and Standards (OAQPS) was expected to make available for public review and comment a first draft document, Review of the National Ambient Air Quality Standards for Lead: Policy Assessment of Scientific and Technical Information (draft staff paper). The purpose of the paper is to evaluate the policy implications of the key scientific and technical information contained in a related EPA document, Air Quality Criteria for Lead, required under sections 108 and 109 of the Clean Air Act (CAA) for use in the periodic review of the national ambient air quality standards (NAAQS) for lead. On or about December 15, the OAQPS also will make available for public review and comment the related draft technical support document, Lead Human Exposure and Health Risk Assessments and Ecological Risk Assessment for Selected Areas (Pilot Phase).
Easy Access to California Regulations
The document format makes the articles easy to read in their original context and enables navigation to different sections using the bookmarks. There are no pop-ups, no time-outs, and the chapters and articles are set up in a table format for easy browsing by chapter title or section number.
For example, the DTSC has recently updated the Unofficial Title 22 California Code of Regulations to include the Emergency Regulations: Phase I Environmental Site Assessments (Proposed New and Expanding School Sites), R-2004-01. To see the changes in the context of the rest of the California Code of Regulations, you can use the Text of Final Regulations as a guide to search the Unofficial Title 22 California Code of Regulations, and then read the applicable sections.
Airline to go Carbon Neutral
Silverjet, the first British airline to offer a low fare, exclusively business class service across the Atlantic, announced that it will be the world’s first airline to become carbon neutral on all its flights.
Included within its ticket prices will be a mandatory carbon offset contribution, giving passengers the opportunity to reinvest the “carbon points” thus earned back into a number of climate friendly projects around the world.
This carbon offset financial contribution will be accumulated as “carbon points”. With these points, passengers can choose to ‘neutralize’ flight emissions from a number of offset projects around the world, or in a portfolio of projects (passengers not stating a preference will have their points applied to such a portfolio).
The projects include initiatives such as small scale wind-power generation in India and the distribution of energy efficiency light bulbs in Jamaica.
Marathon Oil Company Settles PCB Violations for $38,000
The EPA has announced that Marathon Oil Company has agreed to pay nearly $38,000 for alleged PCB violations at its facility at the Spark oil platform off the coast of Alaska.
EPA is citing the company for violating the federal Toxic Substances Control Act (TSCA) by failing to properly register and store two PCB transformers for disposal and reuse. EPA alleges that these two PCB transformers have been improperly stored for several years.
According to Daniel Duncan, EPA’s Region 10 PCB program coordinator, “Facilities that store PCBs need to be aware of their notification and storage obligations under TSCA. We’ll continue to review the reports filed under the PCB regulations to determine proper compliance with the storage and disposal rules.”
Marathon Oil Company’s list of TSCA violations included:
- Failure to register two PCB transformers and to retain a record of this registration
- Failure to store two PCB transformers in a storage unit that conforms to the TSCA requirements
- Failure to develop and maintain, as well as submit, an annual document log for four calendar years
- Failure to mark the two PCB transformers with the date of removal from service for disposal
- Failure to conduct an inspection every 30 days for the disposal of two PCB transformers
- Failure to notify the EPA and obtain an identification number prior to conducting PCB waste activities
The Marathon Oil Company has now removed and properly disposed of the two PCB transformers from the Spark Platform located in Cook Inlet, Alaska.
If PCBs are released into the environment through improper disposal or leakage from PCB transformers, they take several decades to slowly degrade. When they are ingested by people and animals, PCBs are stored in the fatty tissue and then are slowly released into the blood stream. Even at low exposure levels, the concentration of PCBs in fatty tissue can accumulate to a high level. As PCBs bioaccumulate in organisms and biomagnify in the food chain, they create health hazards at all levels. The short term health hazards associated with PCB exposure for people include irritation to the eyes, nose and throat. High, acute exposures can damage the liver, and in some extreme cases, cause death.
EPA Settles for $2.1 million over Cleanup Costs at San Gabriel Valley Superfund Site
Rathon Corp. and Chemed Corporation must reimburse $1.76 million to the EPA and $14,000 to the State Department of Toxic Substances Control. The Saint-Gobain Corporation (as successor in interest to Saint-Gobain Calmar Inc.) must reimburse $376,320 to the EPA and $2,000 to the State Department of Toxic Substances Control. The EPA has already received approximately $10 million from prior settlements relating to the Puente Valley Operable Unit.
"If approved by the court, these settlements will provide funds which the EPA can use for future cleanups in San Gabriel Valley," said Keith Takata, director of the EPA's Pacific Southwest Superfund Office. "The EPA is committed to ensuring that parties responsible for contamination pay to address it."
Other potentially responsible parties are implementing groundwater cleanup programs for the Puente Valley Operable Unit, estimated to cost over $50 million over the next ten years. The work parties are designing a groundwater cleanup system that requires installing wells to pump out contaminated groundwater to prevent it from further spreading. The extracted groundwater will be treated to remove contaminants and may be provided to a local water supply distribution system or discharged to surface water.
The Puente Valley Operable Unit of the San Gabriel Valley Superfund Site, Area 4 is a contaminated groundwater area in Southern California located beneath the City of Industry and portions of La Puente and Walnut. The EPA listed several sections of the San Gabriel Valley as Superfund sites in 1984, including multiple areas of groundwater contaminated by volatile organic compounds.
The contaminated groundwater associated with all of the San Gabriel Valley sites lies under significant portions of Alhambra, Irwindale, La Puente, Rosemead, Azusa, Baldwin Park, City of Industry, El Monte, South El Monte, West Covina, and other areas of the San Gabriel Valley. There are 45 water suppliers in the Valley that use the San Gabriel Basin groundwater aquifer to provide 90% of the drinking water for over one million residents.
According to DOT’s most recent accident report (for the third quarter of 2006), the most frequent cause of serious highway hazardous material incidents is:
a. Rollover
b. Overfilled
c. Loose closures
d. Inadequate blocking and bracing