The rule is based on EPA’s final risk analysis, which was peer reviewed in 2008 and published for public comment in 2009, that concluded wipes contaminated with certain hazardous solvents do not pose significant risk to human health and the environment when managed properly. EPA estimates that the final rule will result in a net savings of between $21.7 million and $27.8 million per year.
Wipes are used in conjunction with solvents for cleaning and other purposes by tens of thousands of facilities in numerous industrial sectors, such as printers, automobile repair shops, and manufacturers of automobiles, electronics, furniture, and chemicals.
“Today’s rule uses the latest science to provide a regulatory framework for managing solvent-contaminated wipes that is appropriate to the level of risk posed by these materials,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “I’ve heard directly from stakeholders about the benefits of this rule and the need to finalize it. The rule reduces costs for thousands of businesses, many of which are small businesses, while maintaining protection of human health and the environment.”
To be excluded, solvent-contaminated wipes must be managed in closed, labeled containers and cannot contain free liquids when sent for cleaning or disposal. Additionally, facilities that generate solvent-contaminated wipes must comply with certain recordkeeping requirements and may not accumulate wipes for longer than 180 days.
EPA estimates that the final rule will result in a net savings of $18 million per year in avoided regulatory costs and between $3.7 million and $9.9 million per year in other expected benefits, including pollution prevention, waste minimization and fire prevention benefits.
The rule is consistent with President Obama’s Executive Order 13563, Improving Regulation and Regulatory Review, which charges federal agencies to monitor regulatory effectiveness and to help make agency regulatory programs more effective or less burdensome in achieving the regulatory objectives.
EPA first proposed modified regulations for solvent-contaminated wipes on November 20, 2003, and published a revised risk assessment for public comment on October 27, 2009.
Greensboro RCRA and DOT Training
Richmond RCRA and DOT Training
Indianapolis RCRA, DOT, and EHS Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
New EPA Stormwater Calculator
EPA’s new calculator will help property owners, developers, landscapers, and urban planners make informed land-use decisions to protect local waterways from pollution caused by stormwater runoff. Preventing stormwater runoff, which can impact drinking water resources and local ecosystems, protects people’s health and the environment.
The calculator, which is phase I of the Stormwater Calculator and Climate Assessment Tool package announced in the President’s Climate Action Plan in June, is a desktop application that estimates the annual amount of stormwater runoff from a specific site, based on local soil conditions, slope, land cover, and historical rainfall records. Users can enter any US location and select different scenarios to learn how specific green infrastructure changes, including inexpensive changes like rain barrels and rain gardens, can prevent pollution. This information helps users determine how adding green infrastructure can be one of the most cost-effective ways to reduce stormwater runoff.
“EPA’s research is providing innovative solutions to protect our nation’s water resources,” said Lek Kadeli, principal deputy assistant administrator for EPA’s Office of Research and Development. “The Stormwater Calculator demonstrates different types of green infrastructure approaches which can result in protection from flooding, energy savings, improved air quality, increased property values, healthier communities, and cost savings for the American people.”
Each year billions of gallons of raw sewage, trash, household chemicals, and urban runoff flow into our streams, rivers, and lakes. Polluted stormwater runoff can adversely affect plants, animals, and people. It also adversely affects our economy—from closed beaches to decreased fishing and hunting in polluted areas.
An update to the Stormwater Calculator, which will include the ability to link to several future climate scenarios, will be released by the end of 2013. Climate projections indicate that heavy precipitation events are very likely to become more frequent as the climate changes.
EPA Expands List of Safer Chemical Ingredients
For the first time, 119 fragrance chemicals for commercial and consumer cleaning products have been added to the list.
“Fragrances are an important yet complex part of many consumer cleaning products. By adding fragrance and other chemicals to the Safer Chemical Ingredients List, EPA continues its commitment to help companies make safer products and provide the public with greater access to chemical information,” said James Jones, acting assistant administrator for the Office of Chemical Safety and Pollution Prevention.
The Safer Chemical Ingredients List, which now contains 602 chemicals, serves as a resource for manufacturers interested in making safer products; health and environmental advocates seeking to encourage the use of safer chemicals; and consumers seeking information on the ingredients in safer chemical products.
It also serves as a guide for Design for the Environment (DfE) labeled products, which must meet EPA’s rigorous, scientific standards for protecting human health and the environment.
More than 2,500 products are certified under the DfE Standard for Safer Products including all-purpose cleaners, laundry and dishwasher detergents, window cleaners, car and boat care, and many other products. Using DfE-certified products significantly reduces exposures to chemicals which helps protect families and the environment.
The Safer Chemical Ingredients list was created in September 2012 and EPA continues to update the list with additional fragrances and chemicals.
Legislation Introduced to Eliminate Oil and Gas Hazardous Waste Exemption
US Rep. Matt Cartwright from Pennsylvania introduced the Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations (CLEANER) Act along with Rep. Jared Huffman (CA-2). The legislation, introduced with 43 co-sponsors and endorsed by 137 organizations from across the country, aims to eliminate a hazardous waste exemption that was added onto the Resource Conservation and Recovery Act (RCRA) in 1980. That amendment, which exempted oil and gas companies from having to comply with hazardous waste disposal standards, would be removed under the CLEANER Act, forcing oil, gas and geothermal companies to play by the same rules as other industries.
“Under current federal law, oil and gas companies do not even have to test their waste to see if it is toxic, leaving us with no way of knowing what is being disposed of and how it is being treated. It is time oil and gas companies comply with existing minimum standards and oversight,” said Cartwright.
“The CLEANER Act will better protect the public and the environment from hazardous waste produced by the oil and gas industry,” Congressman Huffman said. “We need to close this loophole so that oil and gas companies play by the same rules as everyone else.”
The Resource Conservation and Recovery Act (RCRA) of 1976 requires the safe disposal of solid waste and hazardous materials. In 1980, RCRA was amended to exempt waste from the production and development of oil and natural gas (exploration & production waste) and geothermal waste.
“RCRA is meant to protect the public and the environment from hazardous waste. Toxins pose health and environmental risks no matter what industry produces them. It’s time to hold oil and natural gas producers to the same standards that other industries have complied with for over 30 years,” said Cartwright.
The task of regulating disposal of these wastes is currently left to states, with mixed results.
"For too long now, the oil and gas industry has taken advantage of the American public by securing exemptions from many of our nation's commonsense health and environmental safety laws. Closing these loopholes is the only way we can protect the air we breathe and the water drink. Representative Matt Cartwright's legislation to hold toxic pollution from drilling and fracking up to the same standards as other industrial poisons is an important place to start,” said Mike Brune, Executive Director of The Sierra Club. “It is a courageous move to put the health and well-being of the American people before the financial interests of the nation's wealthiest corporations, and the Sierra Club stands beside Representative Cartwright."
"It's clear to everyone that the 1.3 billion gallons of fracking waste generated in Pennsylvania over the last few years, which is often laced with numerous toxins and cancer-causing chemicals, is hazardous to our health and environment," said Adam Garber, PennEnvironment Field Director. "The CLEANER Act will ensure that companies can no longer spray this toxic fluid on our roads, dump hundreds of thousands of gallons into water treatment facilities, or use it to water cattle. We applaud Congressman Cartwright for trying to make the law follow what we all already know: fracking wastewater is hazardous to our health."
Cartwright was sworn-in on January 3rd of this year and serves on the House Committee on Natural Resources.
Health-Protective Levels for Constituents in Biomethane
Once biogas meets the standards, it is then considered to be biomethane that may be injected into utilities’ natural gas distribution systems. In support of the rulemaking process, the Office of Environmental Health Hazard Assessment (OEHHA) and the Air Resources Board (ARB) are mandated to perform specific tasks and provide recommendations to the CPUC:
- OEHHA, in consultation with ARB and others, compiles a list of constituents of concern present in biogas at levels substantially higher than those found in natural gas that could pose a health risk to consumers, workers, or other members of the public. OEHHA is to update this list at least every five years.
- OEHHA determines health protective levels for the constituents of concern.
- ARB identifies realistic exposure scenarios and, in consultation with OEHHA, identifies the potential health risks associated with the exposure scenarios using the OEHHA health protective levels, and determines health-protective concentrations for these constituents in biogas.
- ARB, in consultation with other Cal/EPA boards and departments, defines monitoring and reporting requirements to ensure that health-protective levels will be maintained.
It contains additional details on the risk calculations carried out in the Recommendations document.
Harvesting Electricity from the Greenhouse Gas Carbon Dioxide
A new method for producing electricity from carbon dioxide could be the start of a classic trash-to-treasure story for the troublesome greenhouse gas, scientists are reporting.
Bert Hamelers, Ph.D., and colleagues explain that electric power-generating stations worldwide release about 12 billion tons of CO2 annually from combustion of coal, oil and natural gas. Home and commercial heating produces another 11 billion tons. Smokestack gas from a typical coal-fired plant contains about 10% CO2, which not only goes to waste, but is a key contributor to global warming. Hamelers’ team sought a way to change that trash into a treasure.
They describe technology that would react the CO2 with water or other liquids and, with further processing, produce a flow of electrons that make up electric current. It could produce about 1,570 billion kilowatts of additional electricity annually if used to harvest CO2 from power plants, industry, and residences. That’s about 400 times the annual electrical output of the Hoover Dam. Like that dam and other hydroelectric power facilities, that massive additional amount of electricity would be produced without adding more CO2 to the atmosphere, Hamelers pointed out.
Lafarge North America Inc. Agrees to Environmental Projects as Part of Clean Air Act Agreement
Under an agreement announced recently with EPA, the US Department of Justice and New York State, Lafarge North America, Inc., has agreed to fund $1.5 million in projects to reduce air pollution in the community surrounding its Ravena, New York, cement plant. The agreement also provides Lafarge additional time to reduce air pollution from the cement plant.
“Safeguarding the health of the community surrounding the Ravena plant is our top priority,” said EPA Regional Administrator Judith A. Enck. “This agreement will reduce the pollution limits required by the settlement at this facility by providing a significant amount of funding for projects that will improve local air quality.”
“This settlement will go a long way toward reducing air pollution in Ravena and the surrounding area, while helping to ensure jobs stay in the community,” Attorney General Schneiderman said. “My office will work to ensure Lafarge complies fully with this settlement, meets its obligations to modernize the Ravena operations, and continues to improve the health of the air in the Ravena area.”
The federal settlement reached in 2010 requires Lafarge to significantly reduce nitrogen oxides (NOx) and sulfur dioxide (SO2) pollution emitted from its cement plants in 13 states. The settlement included a requirement that Lafarge either install controls on the two old, inefficient kilns at the Ravena, New York, facility or replace those kilns with a new, lower emitting kiln by January 1, 2015.
The amendment announced recently provides Lafarge until July 1, 2016, to construct the new kiln and to shut down the two old kilns. In return for the extension of time, Lafarge has committed to interim air pollution limits at the existing kilns intended to result in the same or more reductions as would have been required by the original agreement and to fund $1.5 million in additional projects to reduce air pollution in the local community.
The new air pollution reduction projects that Lafarge has committed to funding include replacement of an old locomotive engine at the Ravena facility with a new, more efficient and less polluting one at a cost of approximately $600,000. The remaining $900,000 will be provided to New York State to fund energy efficiency or pollution reduction projects in the community around the Ravena plant. Such projects may include weatherization of low-income housing, energy efficiency and renewable energy projects at municipal buildings, replacement of outdoor wood boilers, and replacement of diesel buses with models that use hybrid technology or compressed natural gas.
In the original March 2010 settlement, Lafarge agreed to pay a civil penalty of $5,075,000 to the United States and various participating states and to install and implement control technologies at an expected cost of up to $170 million. The new controls reduce emissions of NOx at the cement plants by more than 9,000 tons each year and SO2 by more than 26,000 tons per year. The states of Alabama, Illinois, Iowa, Kansas, Michigan, Missouri, New York, Ohio, the Commonwealth of Pennsylvania Department of Environmental Protection, the South Carolina Department of Health and Environmental Control, the Washington State Department of Ecology, the Oklahoma Department of Environmental Quality, and the Puget Sound Clean Air Agency are parties to the settlement.
$91,352 Fine for Ammonia Risk Management Violations at Cheese Plant
The violations occurred at Sorrento’s cheese manufacturing facility in Nampa, Idaho.
According to the settlement with EPA, as far back as 2007 Sorrento did not meet risk management requirements such as properly inspecting and testing process equipment, annually certifying operating procedures, and conducting a compliance audit at least every three years.
“We can't take chances with public health,” said Ed Kowalski, director of EPA’s enforcement program in Seattle. “Following the risk management regulations is important to prevent chemical releases and protect both workers and the surrounding community.”
Sorrento uses more than 10,000 lb. of anhydrous ammonia, a colorless gas commonly used in industrial refrigeration systems. Sorrento has since corrected these violations.
Most accidents with anhydrous ammonia occur from uncontrolled or accidental releases. Exposure to its vapors can cause temporary blindness and eye damage and irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.
Prudent Technologies to Pay $65,450 for Violations of Renovation, Repair, and Painting Rule
Prudent Technologies, of Kansas City, Missouri, has agreed to pay a $65,450 civil penalty to resolve violations of the Renovation, Repair and Painting (RRP) rule at two properties within the Omaha Lead Superfund Site.
Prudent Technologies, working under a contract with EPA’s Superfund program, was performing renovation activities designed to stabilize paint at each location. Paint stabilization includes scraping and painting the exteriors of houses to protect EPA’s remedy at the site, which consists of removing lead-contaminated soil from contaminated properties.
At the first location, Prudent failed to follow lead-safe work practices as required by the RRP rule. The violations included failure to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; failure to close all doors and windows within 20 feet of the renovation before commencing work; failure to cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation before the renovation; and failure to clean the work area upon completion of the work.
Violations at the second location included failure to follow lead-safe work practices as required by the RRP rule; failure to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; and failure to cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation.
Since 1999, EPA has been working cooperatively with contractors, local officials, agencies, institutions, community organizations, residents and property owners to sample and remediate lead-contaminated soils from Omaha’s residential yards, schools, day care facilities, parks and playgrounds. Addressed under EPA’s Superfund program, the Omaha Lead Site, consisting of approximately 27 square miles of eastern Omaha, has been on the National Priorities List since 2003.
Under the RRP rule, general contractors can be held liable for regulated renovation work that subcontractors perform for the company. This includes record-keeping requirements (e.g., handing out the Renovate Right pamphlet, keeping Lead-Safe Work Practices checklists, etc.) and work practices requirements (e.g., training workers, putting up appropriate signs, using disposable impermeable material to contain dust and debris, etc.).
Today at least 4 million households have children living in them that are being exposed to lead. There are approximately half a million US children ages 1-5 with blood lead levels above 5 micrograms per deciliter, the reference level at which the Centers for Disease Control recommends public health actions be initiated. Lead exposure can affect nearly every system in the body. Because lead exposure often occurs with no obvious symptoms, it frequently goes unrecognized.
As part of its settlement with EPA, Prudent Technologies has certified that it is presently in compliance with TSCA and its regulations.
Company Fined for Unlicensed Tank Testing
The Sacramento County Superior Court has approved a stipulated judgment, filed by the California Attorney General’s Office, on behalf of the State Water Resources Control Board (State Water Board), resolving allegations that BZ Service Station Maintenance, Inc. (BZ), owner Paul E. Ensele, and service technicians James A. Williams and Rhome M. Desbiens allegedly performed tank tests without the required tank tester’s license and appropriate manufacturer’s training certificate.
Under the terms of the stipulated judgment, BZ paid $30,000 in civil penalties. In addition, BZ agrees that it will not perform tank integrity testing unless their tester possesses both a valid State Water Board tank tester’s license and a training certificate from the appropriate testing equipment manufacturer.
In business since 1971, BZ is a privately owned West Sacramento company that provides underground storage tank design, construction, maintenance, and testing services to gas stations in the greater Sacramento area.
The investigation was conducted by the State Water Board’s Office of Enforcement with assistance from Sacramento County Environmental Management Department, Yolo County District Attorney Consumer and Environmental Unit, El Dorado County Environmental Management, and Yolo County Environmental Health.
Maryland Governor Hosts Climate Change Summit, Releases Final Greenhouse Gas Reduction Act Plan
“Climate change is not an ideological issue any more than gravity is: it’s not about whether we move left or right, but whether we make the right choices for Marylanders. As severe weather events continue to grow in size and impact, and elongated trends of poor air quality continue, the costs of inaction would grow exponentially,” said Governor O’Malley. “In Maryland, we are moving forward and taking action by creating green jobs and protecting our land, water, air and public health.”
The Plan is a comprehensive, long-term framework. The majority of its programs are already in place and will be strengthened with new technologies and forward-thinking policies over the next seven years. These enhancements will result in a 55 million metric ton reduction in GHG emissions and approximately $1.6 billion in economic benefits. The Plan will support more than 37,000 jobs and positively impact public health.
“The cost of inaction is too great. We are taking actions now to safeguard our communities from climate impacts we are already seeing and expect to see more frequently in the future,” said Maryland Department of the Environment Secretary Robert M. Summers. “All Marylanders can take action to reduce GHG emissions by reducing energy consumption and household waste output, walking, riding a bike or using mass transit whenever possible and driving more fuel efficient vehicles.”
Key programs in the Plan include:
- Maryland Renewable Energy Portfolio Standard (RPS): This establishes a market for new sources of renewable electricity generation by requiring that Maryland power providers supply 18% of electricity from renewable sources by 2020, increasing to 20% by 2022. Increasing this standard beyond 20% could drive additional reductions.
- EmPOWER Maryland: This program is designed to reduce both Maryland’s per capita total electricity consumption and peak load demand by 15% by 2015. It includes many State- and utility-managed energy efficiency and conservation programs. Strengthening this existing program should allow the State to increase its per capita electricity consumption reduction target above 15% and enable Maryland to achieve additional reductions.
- Zero Waste: Maryland is implementing an ambitious strategy that aims to ensure all products in Maryland can be reused, recycled, or composted. Waste in landfills is a source of GHG emissions. By reducing the volume of that waste, Maryland can significantly reduce GHG emissions and by recycling we can reduce the energy needed to make products from raw materials. The final Plan includes additional GHG emission reductions attributable to increasing the State’s requirement to better utilize or recycle 60% of Maryland’s government managed solid waste by 2020. Maryland’s county recycling rates already average around 45%.
- Maryland Clean Cars Program: This program directly regulates carbon dioxide emissions from motor vehicles. These standards became effective for model year 2011 vehicles, significantly reducing a number of emissions from GHGs.
- Regional Greenhouse Gas Initiative (RGGI): This program is a cooperative regional cap-and-trade initiative among nine Northeast and Mid-Atlantic states to reduce CO2 emissions from fossil fuel-fired power plants. Revenues from the program support energy efficiency programs and augment EmPOWER and RPS. Recently, the RGGI states agreed to lower the regional emissions cap. In Maryland, regulations needed to implement the lower cap will be promulgated this summer.
A recent George Mason University report showed that 86% of Marylanders believe climate change is happening and three quarters of Marylanders believe that state and local governments should protect their communities from the impacts of climate change. In addition, a second report showed that 52% of Marylanders believe that climate change poses a significant public health threat.
“Given the extreme weather of last year including Hurricane Sandy and the recent heat wave, Marylanders are becoming more aware of the destructive impacts of climate change. In order to avoid the worst of these impacts, action must be taken now to reduce GHGs in Maryland and around the world,” said Chesapeake Climate Action Network Executive Director Mike Tidwell. “We are fortunate in Maryland that Governor Martin O’Malley has made a top priority of tackling the climate crisis head on. By charting a path to reduce GHG emissions 25% by 2020, Maryland is showing the rest of the country how to fight climate change while attracting a clean energy industry that will grow the state’s economy.”
Maryland is among the States most vulnerable to climate change with more than 3,000 miles of coastline. Rising sea levels, along with increased storm intensity, will have devastating and far-reaching environmental and economic impacts on the Chesapeake Bay and on the quality of life that Marylanders enjoy.
“Science is clear that climate change is occurring, is caused primarily by human activities and poses significant risks to Maryland as it does to the rest of the world” said University of Maryland Center for Environmental Science president Don Boesch. “Significant reductions in emissions must be made over just a few decades to avoid the worst of the consequences and Maryland has an opportunity and a responsibility to lead.”
For the past six years, the people of Maryland have been taking strong actions to reduce our carbon footprint, improve air quality, invest in clean technology and create green jobs. Under the O’Malley-Brown Administration, Maryland has set some of the most ambitious goals in the nation for reducing greenhouse emissions advancing cleaner, renewable energy, protecting the health of our children and elderly, rebuilding our shorelines and creating green jobs.
Maryland advanced offshore wind, on-shore wind, and solar energy policies. The State partnered with eight other Mid-Atlantic and Northeastern states on RGGI, the nation’s first cap-and-trade auction of greenhouse emissions. Maryland reduced harmful pollutants in its air by more than 80%, passed landmark clean cars legislation, created a sustainable communities tax credit and created incentives to help homeowners and businesses utilize clean energy.
By making these better choices the State is delivering better results: Maryland’s workforce has more green jobs per capita than any state in the Mid-Atlantic region. The climate-related actions Maryland is taking are projected to create 37,000 additional jobs and pump $1.6 billion into Maryland’s economy.
Maryland Auto Shop Pleads Guilty to Falsifying Inspection Reports
Maryland Attorney General Douglas F. Gansler announced recently that John R. Pasquinelli Enterprises, Inc., located in Edgewood, pleaded guilty to making a false statement in a 2011 underground storage tank system compliance inspection report. Harford County District Court Judge Mimi R. Cooper imposed a fine of $10,000 with all but $5,000 suspended and placed the corporation, which conducts business as J.C. Discount Tires, on probation for one year.
"A failing underground gasoline tank poses a unique threat to the drinking water and overall health of the surrounding community," said Attorney General Gansler. "Regular inspections of these facilities help prevent the safety risks and great expense that follows when gasoline seeps into the soil and eventually the water table."
The company's false report was discovered by the Maryland Department of the Environment (MDE) after a discrepancy was observed between the report submitted by the company hired to do the testing and the report ultimately submitted by the company. The testing company had been told by the defendant not to perform a test on the facility's "catch basin," also known as a spill bucket. However, the testing company's report had been altered by the defendant to show a passing test for the "catch basin."
An investigation revealed that the facility's first record of "catch basin" testing was performed in 2008. At that time, the "catch basin" for the regular gasoline tank fill port had failed. The next record of testing received by MDE was in 2009 when three spill buckets failed. No testing results were received for 2010.
In announcing the guilty plea, Attorney General Gansler thanked Environmental Crimes Unit (ECU) Deputy Chief Jay Elliot Robinson, ECU Investigator David Williams and MDE Regional Compliance Supervisor Michael Frank for their work on the case.
Pinetree Power Fitchburg Assessed $600,000 Penalty for Air Quality Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $600,000 penalty to Pinetree Power Fitchburg, Inc., to resolve a series of longstanding violations of its emission limitations for particulate matter, ammonia, carbon monoxide and opacity, as well as violations of its monitoring and reporting requirements.
A consent order requires Pinetree Power to come into compliance with MassDEP regulations by making substantial upgrades to its existing monitoring and air pollution control equipment. In addition, Pinetree Power must pay $150,000 of the assessed penalty.
Pinetree Power operates a wood and natural gas-fired boiler on Fitchburg Road in Westminster. The facility is also capable of burning shredded, pre-processed paper cubes, as well as landfill gas. Steam from the facility produces approximately 16 megawatts of electricity per hour that is conveyed to the New England electric supply grid. The facility has been producing electricity for the last 20 years.
Under the terms of the consent order, Pinetree Power agreed to install and operate state-of-the-art air pollution control technology known as Selective Catalytic Reduction (SCR) for the control of nitrogen oxides (NOx) emissions. The installation of SCR technology will cost the company in excess of $5 million. Pinetree has invested in this new technology to reduce its NOx emissions to a level where it can participate in the Renewable Energy Credit market in other New England states. MassDEP has required Pinetree to install and operate the SCR NOx control technology at the lowest emission rate in the nation, which will reduce the facility's potential NOx emissions by 125 tons per year.
"The air quality permits under which Pinetree Power operates requires that facility emissions be limited to the levels that are protective of public health and the environment," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "This agreement will ensure that the plant sticks to those levels and greatly reduces its emission of NOx gases."
Involta, Watters and Sons Excavating Penalized for Stormwater Violations
In response to an anonymous complaint of brown-colored water on Rice Lake Road heading toward a Duluth trout stream, the Minnesota Pollution Control Agency (MPCA) inspected a nearby construction site and found related activities contributing pollution into the nearby waterway.
Involta, LLC, a Cedar Rapids, Iowa-based corporation that builds, owns and operates data storage centers for US clients, hired Duluth-based Watters and Sons Excavating, LLC, to conduct site-preparation work at Involta’s new technology data center on Technology Drive in Duluth.
The agency determined that Involta and Watters and Sons had violated their state construction stormwater permit that regulates discharges to waterways. A portion of the construction site drains to Chester Creek and another portion drains to wetlands within the East Branch Chester Creek Watershed. Chester Creek is classified as a trout stream by the Minnesota Department of Natural Resources.
The violations included discharging excessive amounts of construction-related sediment to surface waters and failing to implement appropriate erosion- and sediment-control best management practices across the site.
By not following the permit’s requirements, the excess sediments discharged to adjacent waters had adverse effects on water quality and fish and wildlife habitat. Involta and Watters and Sons performed the corrective actions identified by the inspector and paid a $21,600 civil penalty.
When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly the violations were reported to authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Minnesota law requires governmental units and contractors to apply for a stormwater permit when construction projects disturb more than one acre of soil. The MPCA offers outreach and training to help facilities meet their permit requirements. For more information on stormwater permits, call Brian Livingston of the MPCA’s Construction Stormwater Section at 651-757-2532 or toll-free at 800-657-3864.
Granite Falls Construction Co. Cited for Improper Disposal of Concrete Waste
The Minnesota Pollution Control Agency (MPCA) has cited Granite Falls Construction Co., Inc., for several violations of water pollution rules. The company has made corrections and has paid a $10,000 civil penalty.
From 1984 to June 2010, the company disposed of concrete waste on Northern States Power Co., property adjacent to the Minnesota River east of Granite Falls. The discharges entered a wetland that is hydrologically connected to the Minnesota River.
The company submitted annual reports indicating it had a SWPPP and stating that it had completed the required stormwater inspections, without actually having done so.
Granite Falls Construction Co., has stopped the discharges, started conducting stormwater inspections, is working to properly dispose of waste concrete being removed from the area, and covering the remainder with soil and vegetation.
The agreement, known as a Stipulation Agreement, is one of the tools the MPCA uses to achieve compliance with environmental laws. When calculating penalties, the agency takes into account how seriously the violation affected the environment, whether it was a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
MPCA Completes 65 Enforcement Cases in Second Quarter of 2013
In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency (MPCA) concluded 65 enforcement cases in 42 counties throughout Minnesota during the second quarter of 2013.
Penalties for all 65 cases totaled just under $240,000. Nearly 30% of these cases, with penalties totaling just over $65,000, were for stormwater runoff violations. Improper stormwater management can increase soil erosion and cause sediment and other pollutants to wash into lakes, rivers, streams, and wetlands. This leads to decreased water quality and can harm fish and other aquatic life.
Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff provides assistance, support and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.
Sunken Vessel to be Recovered from Columbia River to Prevent Further Oil Leaks
A 41-foot wooden fishing vessel lying at the bottom of the Columbia River near Finley, Washington, will soon be “high and dry,” thanks to a team of specialists from the Washington Department of Ecology (Ecology), EPA, the Washington State Department of Natural Resources, and the Benton County Emergency Management Division.
Recovery of the boat is necessary to prevent environmental damage from the potential release of approximately 50 gallons of diesel fuel and eight gallons of engine and hydraulic oil on board.
A small sheen was observed immediately after sinking, but there has been no apparent release of fuel or oil since. The Benton County Sheriff’s Office has been monitoring the wreck.
The boat sank just off the bank of the Columbia River, two miles downstream of Two Rivers Park in Finley on July 12. The owner is unable to recover the boat, which is in 40 feet of water.
Global Diving & Salvage, Inc., has been hired to recover and secure the boat, offload the fuel and oil, and prevent environmental damage.
Recovery and salvage are being paid for from the federal Oil Spill Liability Trust Fund and the Department of Natural Resources Derelict Vessel Removal Program.
Ecology and the coordinating agencies will seek reimbursement costs from the boat owner.
All oil spills cause environmental damage, regardless of size. Oil is toxic to the environment and the damage starts as soon as the oil hits water. A single quart of oil has the potential to foul more than 100,000 gallons of water.
San Antonio Agrees to $1.1 Billion Upgrade of Sewer Systems to Comply with Clean Water Act
The state of Texas is a co-plaintiff in this case and will receive half of the civil penalty.
When wastewater systems overflow, they can release raw sewage and other pollutants into local waterways, threatening water quality and contributing to beach closures and disease outbreaks. To come into compliance with the CWA, including remedial measures taken during the parties’ negotiations and the comprehensive measures required under the settlement, SAWS is expected to spend $1.1 billion to achieve compliance.
“This settlement will help protect San Antonio residents from exposure to raw sewage by committing San Antonio to make immediate, badly-needed repairs to its sewers as well as long-term improvements in the operation, management and maintenance of its system,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “These improvements will benefit well over a million people living in Bexar County, with a special focus on reducing sewage overflows in communities who have suffered a historical pollution burden.”
“EPA is working with cities across the country to protect the nation’s waters from raw sewage overflows that can threaten public health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “The improvements and upgrades agreed to in this settlement will protect the people of San Antonio and the surrounding communities by reducing raw sewage in the water.”
The Justice Department, on behalf of EPA, filed a complaint against SAWS alleging that between 2006 and 2012, SAWS had approximately 2,200 illegal overflows from its sanitary sewer system that discharged approximately 23 million gallons of raw sewage into local waterways in violation of its CWA discharge permit. The cause of these overflows stems largely from system capacity problems that result in the sewer system being overwhelmed by rainfall, causing it to discharge untreated sewage combined with storm water into local waterways. EPA confirmed these violations during a 2011 field inspection and record review.
The plan must be fully implemented by calendar year 2025. In the early years of the CD, SAWS will take actions that will result in reduction of sanitary sewer overflows. In addition, SAWS will conduct water quality monitoring to identify potential additional sources of bacterial contamination that could be contributing to impairment of the Upper San Antonio River.
SAWS wastewater treatment plant serves approximately 1.3 million people in Bexar County, which includes the city of San Antonio. Its wastewater collection and treatment system consists of approximately 5,100 miles of gravity sewer lines, including approximately 100,000 manholes and 170 lift stations.
Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of the EPA’s national top priorities. EPA’s initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment.
The settlement will be filed in the US District Court for the Western District of Texas, San Antonio Division and is subject to a 30-day public comment period before final court approval of the consent decree.
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Trivia Question of the Week
What does 350, the “Magic Number” of climate change, refer to?
a. parts per million of carbon dioxide emissions in the atmosphere
b. the number of inches sea level could rise in in the artic ocean
c. the number of countries that must approve the Kyoto protocol before it comes into effect
d. the number of species lost per year due to climate change