This final rule addresses issues related to well completion and storage vessel provisions that have been raised by stakeholders through several administrative petitions for reconsideration of the 2012 NSPS and the 2013 storage vessel amendments to the NSPS.
The standards for gas wells were revised to provide greater clarity concerning what owners and operators must do during well completion operations with respect to the handling of gas and liquids during the well completion operations. EPA clarified that the flowback period of a well completion following hydraulic fracturing consists of two distinct stages, the “initial flowback stage” and the “separation flowback stage.” The initial flowback stage begins with the onset of flowback and ends when the flow is routed to a separator. During the initial flowback stage, any gas in the flowback is not subject to control. However, the operator must route the flowback to a separator unless it is technically infeasible for a separator to function. The point at which the separator can function marks the beginning of the separation flowback stage. During this stage, the operator must route all salable quality gas from the separator to a flow line or collection system, re-inject the gas into the well or another well, use the gas as an on-site fuel source or use the gas for another useful purpose.
If it is infeasible to route the gas as described above, or if the gas is not of salable quality, the operator must combust the gas unless combustion creates a fire or safety hazard or can damage tundra, permafrost, or waterways. No direct venting of gas is allowed during the separation flowback stage. The separation flowback stage ends either when the well is shut in and the flowback equipment is permanently disconnected from the well, or on startup of production. This also marks the end of the flowback period. The operator has a general duty to safely maximize resource recovery and minimize releases to the atmosphere over the duration of the flowback period. The operator is also required to document the stages of the completion operation by maintaining records of:
- The date and time of the onset of flowback
- The date and time of each attempt to route flowback to the separator
- The date and time of each occurrence in which the operator reverted to the initial flowback stage
- The date and time of well shut in
- The date and time that temporary flowback equipment is disconnected
The NSPS already requires that the operator document the total duration of venting, combustion and flaring over the flowback period. All flowback liquids during the initial flowback period and the separation flowback period must be routed to a well completion vessel, a storage vessel or a collection system. On startup of production, the operator must begin the 30-day process of estimating the volatile organic compound (VOC) potential to emit (PTE) for storage vessels that will receive the liquids from the well. If the PTE is at least 6 tons/yr (tpy), the operator must control emissions from the storage vessel no later than 60 days after the startup of production (for storage vessels used in applications other than production following well completions, the term used to identify this point in time is “startup”). A well completion vessel to which liquids from the well are routed after startup of production for a period in excess of 60 days is considered a “storage vessel” subject to the storage vessel PTE determination and, if determined to be a storage vessel affected facility, would be subject to the control, cover, and closed vent system requirements of the NSPS.
EPA also finalized several amendments related to the storage vessel provisions of the NSPS:
- Provisions for determining VOC PTE for storage vessels with vapor recovery to clarify that the provisions allowing sources to exclude emissions captured through vapor recovery if certain specified control requirements are met do not apply to storage vessels whose PTE is limited to below the 6 tpy applicability threshold under a legally and practically enforceable permit or other limitation under federal, state, or tribal authority
- Amended storage vessel closed vent system and cover requirements to allow use of other mechanisms besides weighted lid thief hatches to ensure that the thief hatch lid remains properly seated
- Amended the requirements for storage vessels to clarify notification and other requirements under the NSPS for storage vessels affected facilities that are removed from service for reasons other than maintenance
- Clarified that Group 1 and Group 2 storage vessel affected facilities that are removed from service are no longer affected facilities and therefore have no requirements under the NSPS until they are returned to service
EPA also amended the requirements for reciprocating compressors to add a third alternative to the two existing work practice options for controlling emissions from rod packing venting. The agency added a third alternative that would allow routing emissions from the rod packing through a collection system under negative pressure via a closed vent system to a process.
EPA finalized two amendments to the equipment leaks requirements for natural gas processing plants. One is to correct an inadvertent omission the Agency made in the 2012 NSPS concerning an exemption from routine leak detection in small gas processing plants and gas processing plants located on the Alaskan North Slope. In addition, the agency amended the definition of “equipment” to clarify that the term, as used in relation to the equipment leaks requirements under the NSPS, refers only to equipment at onshore natural gas processing plants.
EPA also amended the provisions related to “responsible official” to remove any confusion by the regulated community with respect to the requirements for certifying under subpart OOOO and references to “responsible official” under the title V permitting program. To that end, EPA is changing the term “responsible official” to “certifying official.” EPA has also finalizing the proposed amendments to provide for delegation of authority after advance notification for facilities that employ 250 or fewer employees and have less than $25 million gross annual sales or expenditures (in second quarter 1980 dollars).
Finally, the EPA is removing a regulatory affirmative defense provision from the rule. If a source is unable to comply with emissions standards as a result of a malfunction, the EPA may use its case-by-case enforcement discretion to provide flexibility, as appropriate.
Learn DOT’s New Rules for Lithium Battery Shipments
These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.
- Enhance packaging and hazard communication requirements for lithium batteries transported by air
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
- Revise the exceptions for small cells and batteries in air transportation
- Revise the requirements for the transport of lithium batteries for disposal or recycling
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
Raleigh RCRA, DOT, IATA/IMO, and SARA Training
Anaheim RCRA and DOT Training
Columbia RCRA and DOT Training
Programmed Calculators for Dioxin Toxicity Equivalence
These demonstrations provide a description of two publicly available macro-driven spreadsheets that calculate dioxin TEQ from congener results: an Advanced TEQ Calculator and a Basic TEQ Calculator.
EPA Approves Texas Flexible Permit Program
These revisions support this action to convert the approved conditional Flexible Permit Program (FPP) to a fully approved FPP. The EPA is proposing to find the TCEQ has satisfied all the elements of our July 14, 2014, final conditional approval, and as such, the FPP conditional approval is proposed for full approval with this action. Those commitments consisted of revising the rules to ensure they are properly structured. The EPA has determined that these SIP revisions comply with the Federal Clean Air Act (the Act or CAA) and are consistent with the EPA's regulations and policies. This action is being taken under section 110(k) of the Act.
EPA Issues Significant New Use Rule for Benzidine-Based Chemicals and Proposes One for Phthalates and Alkanes
With respect to both the newly-added benzidine-based chemical substances and the previously-listed benzidine-based chemical substances, this rule makes inapplicable the exemption relating to persons that import or process substances as part of an article. EPA is also promulgating a SNUR for di-n-pentyl phthalate (DnPP) and a SNUR for alkanes, C12-13, chloro. These actions require persons who intend to manufacture (defined by statute to include import) or process these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing such manufacture or processing. The required notifications will provide EPA with the opportunity to evaluate activities associated with a significant new use and, if necessary based on the information available at that time, an opportunity to protect against potential unreasonable risks, if any, from that activity before it occurs. EPA is also making a technical amendment to the codified list of control numbers for approved information collection activities so that it includes the control number assigned by the Office of Management and Budget (OMB) to the information collection activities contained in this rule.
EPA Withdraws SNURs Due to Adverse Comments
In the October 27, 2014, Federal Register, EPA issued direct final SNURs for the chemical substances listed below. These direct final SNURs were issued under the procedures in 40 CFR 721, subpart D.
Because the Agency received a notice of intent to submit adverse comments, in accordance with 40 CFR 721.160(c)(3)(ii), EPA withdrew the direct final SNURS issued for the following chemical substances, which were the subject of PMNs: Functionalized carbon nanotubes (generic), (PMN No. P-13-793); Propaneperoxoic acid, 2,2-dimethyl-, 1,1,3,3-tetramethylbutyl ester, (CAS No. 22288-41-1), (PMN No. P-14-72); Fatty acid amide hydrochlorides (generic), (PMN No: P-14-89, P-14-90, P-14-91, and P-14-92) Fatty acid amides (generic), (PMN No. P-14-158, P-14-159, P-14-161, P-14-162, and P-14-163); and Fatty acid amide acetates (generic), (PMN No. P-14-173, P-14-175, P-14- 176, P-14-177, P-14-178, P-14-179, P-14-180, P-14-181, P-14-182, P-14- 183, P-14-184, P-14-185, P-14-186, P-14-187, P-14-188, P-14-190, P-14- 191, P-14-192 and P-14-193).
EPA intends to publish proposed SNURs for these chemicals at a future date.
EPA to Revise Drinking Water Standards for Lead and Copper
Beginning in 2004, EPA conducted a wide-ranging review of implementation of the Lead and Copper Rule (LCR) to determine if there is a national problem related to elevated lead levels. The review consisted of several elements, including a series of workshops designed to solicit issues, comments, and suggestions from stakeholders on particular issues; a review of monitoring data to evaluate the effectiveness of the LCR; and a review of the LCR implementation by States and water utilities. As a result of this multi-part review, EPA identified seven targeted rule changes and EPA promulgated a set of short-term regulatory revisions and clarifications on October 10, 2007, to strengthen implementation of the existing Lead and Copper Rule. In developing the short-term revisions, EPA identified several regulatory changes to be considered as part of the more comprehensive changes to the rule. These considerations are longer-term in nature as they require additional data collection, research, analysis, and stakeholder involvement to support decisions.
By September 2015, EPA plans to addresses the remaining regulatory revisions in a Notice of Proposed Rulemaking. The agency anticipates that changes will be made to make the rule more cost effective and more protective of public health.
New DOE Energy Efficiency Standards to Save $78 Billion
The new standards for general service fluorescent lamps (GSFLs) and automatic commercial ice makers (ACIMs) are the ninth and tenth standards to be finalized in 2014. Altogether, the ten standards finalized this year will help reduce carbon dioxide emissions by over 435 million metric tons and save families and businesses $78 billion in electricity bills through 2030.
“As part of President Obama’s Climate Action Plan, the Energy Department set an ambitious goal of finalizing 10 energy efficiency standards this year, and with the new efficiency standards for general service fluorescent lamps and automatic commercial ice makers, we have reached that goal,” said Energy Secretary Ernest Moniz. “The Energy Department is committed to building on this progress, and will continue to develop standards that move the US closer to a low carbon future.”
Typically used for indoor lighting in homes, commercial establishments such as restaurants, and in industrial factories, GSFLs are used on average for approximately 630 hours per household, 4,000 hours per commercial establishment, and 4,500 hours per establishment in the industrial sector each year. The new standard for GSFLs will help reduce harmful carbon dioxide pollution by 90 million metric tons—equivalent to the carbon pollution from the annual electricity use of more than 12 million homes—and save Americans more than $15 billion in electricity bills through 2030.
The standard for automatic commercial ice makers, which provide large volumes of ice that is typically used in soft drinks, ice water, and other beverages, and also to keep fresh fish, salad bars, and other products cold, will help reduce harmful carbon dioxide pollution by 4 million metric tons and save Americans nearly $600 million in electricity bills through 2030. This equipment is used in a wide variety of locations, including in hotels, restaurants and cafeterias, hospitals, schools, grocery, and other retail stores, and office buildings.
Since the beginning of the Administration, the Energy Department has finalized new efficiency standards for more than 30 household and commercial products, including dishwashers, refrigerators and water heaters, which are estimated to save consumers nearly $480 billion through 2030. To build on this momentum, the Administration is committed to continuing to establish new efficiency standards that—when combined with the progress already made through previously finalized standards—will reduce carbon pollution by at least 3 billion metric tons in total by 2030, equal to more than a year’s carbon pollution from the entire US electricity system.
Utah DEQ Releases Annual Environmental Report for 2014
The end-of-year report provides a concise, comprehensive look at agency activities and initiatives that protected and enhanced the quality of Utah’s air, land, and water in 2014.
This year’s report focuses on the agency’s implementation of Governor Gary Herbert’s SUCCESS Framework, a set of management principles designed to improve quality and efficiency in state government. Process improvements across the agency have resulted in cost savings, streamlined processes, and a healthier environment.
“We are leading the way by searching for more efficient ways to do our work,” explains Amanda Smith, executive director of DEQ. “In addition, our dedication to sharing information, working with stakeholders, and increasing our transparency with the public helps us engage in collaborative, solution-oriented problem-solving.”
DEQ made significant progress this year in its efforts to address air quality issues, thanks in large part to generous funding from the Utah Legislature for air quality research, a wood-burning education campaign, and the CARROT grants and loan program for engine retrofits. A new rule that limits phosphorus loading in Utah waters from wastewater treatment plants will help address one of the causes of nutrient pollution, a serious statewide problem that made headlines this year following the deaths of two dogs at Utah Lake. DEQ oversight of the cleanup of contaminated lands—such as the former Geneva Steel plant—helps return lands to beneficial and economic reuse.
The report also highlights a number of day-to-day activities at DEQ—X-ray inspections, compliance visits, sanitary surveys for drinking water, and electronic waste disposal—that sometimes go unnoticed, but play an important role in protecting the public and the environment. Success at DEQ, according to the report, is best achieved through a combination of quality service and environmental protection.
“Leaving a legacy of clean air, clean water, clean land, and economic prosperity is our true measure of success,” adds Smith, “and we believe we are well on our way.”
Water Quality Improves in Pennsylvania
EPA recently approved Pennsylvania’s 2014 Integrated Water Quality Monitoring and Assessment Report. The report includes a list of waterways that are impaired.
Since the last report in 2012, a total of 333 miles of previously impaired flowing waters and 853 lake acres were restored. In addition, the fish consumption advisories were removed from 11,592 lake acres.
This year there are two major listing changes. The Monongahela River, which was impaired for potable water use, was removed from the impairment list because the in-stream level of sulfates now meets Pennsylvania’s water quality standards. The lower main stem of the Susquehanna River will be added to the fish consumption impairment list for channel catfish larger than 20 inches due to polychlorinated biphenyls (PCBs). The recommended consumption rate is no more than one meal per month.
In its letter approving the report, EPA commended DEP’s ongoing study of the Susquehanna River and tributaries. It also recognized DEP’s recent efforts to bring together a panel of experts from Pennsylvania Fish and Boat Commission, Susquehanna River Basin Commission, US Geological Survey, US Fish and Wildlife Service, EPA and members of the Susquehanna River Heartland Coalition for Environmental Studies.
This diverse group has been working together to gather and evaluate data related to the Susquehanna River and its tributaries for the Causal Analysis/Diagnosis Decision Information System (CADDIS). The CADDIS panel is tasked with determining the attainment status of the Lower Susquehanna and Juniata rivers for the 2016 Integrated Water Quality Monitoring and Assessment.
XTO Energy Inc. to Restore Areas Damaged by Natural Gas Extraction Activities
The EPA and the Department of Justice (DOJ) announced recently that XTO Energy, Inc. (XTO), a subsidiary of ExxonMobil and the nation’s largest holder of natural gas reserves, will spend an estimated $3 million to restore eight sites damaged by unauthorized discharges of fill material into streams and wetlands in connection with hydraulic fracturing operations. XTO will also implement a comprehensive plan to comply with federal and state water protection laws at the company’s West Virginia oil and gas extraction facilities that use horizontal drilling methods.
The settlement resolves alleged violations of state law asserted by the West Virginia Department of Environmental Protection (WVDEP). The state of West Virginia is a co-plaintiff in the settlement and will receive half of the $2.3 million civil penalty.
“American communities expect EPA and our state partners to make sure energy development is done responsibly,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “This case will help to protect clean water in West Virginia, and support a level playing field for energy developers that play by the rules.”
“The extraction of domestic energy resources is vitally important, and so it is equally important that companies ensure that all activities are done in accordance with the nation’s environmental laws,” said Sam Hirsch, the acting assistant attorney general for the DOJ’s Environment and Natural Resources Division. “This settlement will resolve allegations that XTO damaged wetlands and streams by illegally discharging dredge and fill materials into streams, and restore wherever possible these damaged natural resources.”
The federal government and the WVDEP allege that the company impacted streams and discharged sand, dirt, rocks, and other fill material into streams and wetlands without a federal permit in order to construct well pads, road crossings, freshwater pits, and other facilities related to natural gas extraction. The settlement resolves the alleged violations that occurred at eight sites located in the West Virginia counties of Harrison, Marion, and Upshur. The federal government and WVDEP allege that the violations impacted more than 5,300 linear feet of stream, and 3.38 acres of wetlands.
EPA discovered some of the violations through information provided by the state and through routine joint inspections conducted with the Corps, who actively supported EPA and DOJ in this case. In addition, the company voluntarily disclosed potential violations at five of the sites following an internal audit. Beginning in 2011, EPA issued administrative compliance orders for violations at all eight sites. Since that time, the company has been working with EPA to correct the violations and restore those sites in full compliance with EPA’s orders.
Ensuring energy extraction activities comply with environmental laws is one of EPA’s National Enforcement Initiatives. Filling wetlands illegally and damming streams can result in serious environmental consequences. Streams, rivers, and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species. Improving compliance with the Corps’ permit requirements and Clean Water Act regulations developed by EPA helps to prevent violations and environmental harm.
XTO engages in the exploration and production of natural gas in the Appalachian Basin. The company has Marcellus Shale holdings in Pennsylvania, New York, Ohio, and West Virginia.
Vantage Energy Fined Nearly $1 Million for Landslide and Other Problems at Greene County Well Pad
The Pennsylvania Department of Environmental Protection (DEP) has signed a Consent Order and Agreement with Vantage Energy Appalachia, LLC, fining the company $999,900 for more than a dozen violations of environmental regulations stemming from a landslide and illegal waste disposal at their Porter Street well pad in Franklin Township, Greene County, earlier this year.
On January 16, 2014, DEP learned that landslide occurred at the well pad the previous day. DEP inspectors immediately responded and noted that the slide impacted the side of the well pad and had dropped about 40 feet downslope to where it encroached upon two streams.
The slide continued to grow substantially and eventually covered the two streams. DEP threatened to order a shutdown of all activity on the well pad. In response, the company, on March 28, agreed to voluntarily stop drilling operations and to make interim action to prevent further movement of the slide. DEP cited the company for numerous violations of the state’s Oil and Gas Act and Clean Streams Law.
On July 14, Elite Well Services, a Vantage contractor, dumped two truckloads (about 200 barrels) of drilling wastewater down the side of the well pad where the interim stabilization activities were occurring. The wastewater impacted the landslide area being restored and ended up in the streams originally impacted by the slide. DEP again cited the company for further violations of various environmental statutes including the Oil and Gas Act.
On July 21, the company submitted a notice of its intent to remediate the soils, surface water and groundwater impacted by release of the wastewater. But, even as they began those efforts, DEP learned that Vantage had constructed a new access road along the streams impacted by the slide and the waste discharge. The construction was not authorized under the company’s erosion and sediment permit. The company was cited again.
On December 16, Vantage and DEP signed the Consent Order and Agreement (COA) that establishes enforceable milestones for Vantage to correct the violations at the well site and requires the full restoration of impacted streams and wetlands; permanent stabilization of the well pad; and remediation of the soils, surface water, and groundwater impacted by the illegal disposal of the wastewater.
“These violations resulted in significant damage to our natural resources and this action is in direct response to the seriousness of the violations,” John Ryder, Director of District Oil and Gas Operations for DEP said. “To its credit, Vantage has begun to make a genuine effort to better manage and operate their well sites. The company has hired an independent consultant to conduct an environmental audit of all of their well sites in Pennsylvania and the company is now fully cooperating with DEP.”
By signing the COA, the company also agreed to the $999,900 fine, one of the largest imposed on a driller by DEP this year. The COA also stipulates further penalties if project deadlines are not met. As part of the agreement, the company will also provide written progress reports detailing the actions taken during each period to comply with the requirements of the COA. The company must complete all the work on the site, meeting all DEP regulations, by December 31, 2015.
Pennsylvania DEP Announces $800,000 Settlement Against Tennessee Gas Pipeline Company for Violations in Pipeline Construction
The Pennsylvania Department of Environmental Protection (DEP) recently announced a settlement with Tennessee Gas Pipeline Company, LLC (TGP), for multiple violations of the Clean Streams Law during the construction of a natural gas pipeline in 2011 and 2012 through four counties in northeast and north-central Pennsylvania. The violations occurred during construction of the company’s “300 Line Project.”
According to the agreement, TGP will pay a penalty of $210,000 and will fund a $540,000 cleanup program of illegal dumpsites in Pike, Potter, Susquehanna, and Wayne Counties. The fund will be administered by the Pennsylvania Environmental Council over a four year period. TGP has also agreed to pay cost recovery monies to four Conservation Districts and the Department in the amount of $50,002.
“This civil penalty is two-fold in its benefit to the public,” DEP Northeast Regional Director Mike Bedrin said. “It eliminates unsightly and illegal dumpsites that are problematic for many communities across the state and it directs more money into the Pennsylvania Clean Water fund, which is designed to protect the waterways of the commonwealth.”
The Pennsylvania Clean Water Fund supports educational and environmental programs that benefit clean water efforts.
During 73 inspections of the “300 Line Project,” inspectors with the Potter, Susquehanna, Wayne, and Pike County Conservation Districts discovered violations including the discharge of sediment pollution into the waters of the commonwealth, some of which are protected as “High Quality” or “Exceptional Value Waters,” and failure to implement required construction best management practices to protect water quality.
The cleanup project will provide a substantial public health, safety, and environmental benefit; and outside of this agreement, the project is not something that TGP is otherwise legally required to do.
National Water Main Cleaning Co. to Pay Over $650,000 to Settle Alleged Violations Under False Claims and Clean Water Acts
National Water Main Cleaning, a Canton, Massachusetts-based environmental services company has agreed to pay more than $650,000 to resolve a lawsuit alleging it submitted false bills and records on multiple public contracts for sewer, storage tank and catch basin cleaning, maintenance and repair, and illegally discharged sewage and wastewater, Attorney General Martha Coakley announced recently.
The complaint, filed in Norfolk Superior Court, alleges National Water Main Cleaning Co. (NWMC), violated the Massachusetts False Claims Act in connection with contracts it held with Waltham, Framingham, and the Boston Water and Sewer Commission (BWSC). The complaint also alleges that NWMC violated the Massachusetts Clean Waters Act by discharging sewage and wastewater into the waters of the Commonwealth without a valid permit.
“Our office will vigorously pursue companies that submit false and inflated bills and records to public entities in order to increase their own profit,” AG Coakley said. “It is disappointing that a company dedicated to environmental services violated state laws designed to ensure a clean and safe environment. NWMC has agreed to put measures in place to prevent this from happening again.”
“Sewage, sludge and polluted wastewater must be disposed of at treatment facilities, where these materials can be properly filtered and cleansed,” said Commissioner David W. Cash of the Massachusetts Department of Environmental Protection (MassDEP). “Dumping these materials onto the ground can cause pollutants to seep into groundwater and adversely impact the integrity of aquifers. This Clean Waters Act case sends the message that it pays to manage waste materials properly.”
The complaint alleges NWMC improperly billed Waltham and BWSC for disposal of waste removed from sewers, catch basins, manholes and pipes under a 2008 contract with Waltham, and for sewer work in several Boston neighborhoods under contracts from 2008 to 2010 with the BWSC.
In 2010, in connection with a BWSC contract to inspect and repair leaky sewer laterals and drain pipes, NWMC also allegedly falsified dye tests intended to indicate whether repairs were actually necessary and then took improper shortcuts on contractually-required repairs.
The complaint further alleges NWMC emptied sewage sludge and wastewater from its tanker trucks directly onto the ground surface behind its Canton facility, including on the dirt parking area and adjacent woods. It also allegedly operated a faulty catch basin where employees routinely washed vehicles, causing wastewater to overflow into the dirt parking area and seep into surrounding soil and groundwater.
Under the terms of the settlement, NWMC will pay $405,000 to resolve the allegations it violated the state’s False Claims Act and $250,000 in civil penalties to resolve allegations it violated the Massachusetts Clean Waters Act, of which $75,000 will be paid to the Massachusetts Natural Resource Damages Trust.
NWMC will also be required to impose revised protocols concerning proper waste disposal and to provide environmental compliance training for its employees.
AG Coakley’s investigation of NWMC arose out of a whistleblower lawsuit filed in Norfolk Superior Court in 2012.
EPA, Coast Guard Extend Pollution Control Agreement with Royal Caribbean
The EPA and US Coast Guard authorized formal exemptions by Royal Caribbean Cruise Lines that allow for the enlargement of the cruise line’s research program to develop and install exhaust gas scrubber systems on its cruise ships. Under the exemption, as articulated in MARPOL, Royal Caribbean will expand the program from six to 19 ships.
Because emissions from ocean-going vessels can harm air quality on land, the US government requires ships operating within the North American and US Caribbean ECAs to reduce harmful air pollution emissions such as nitrogen oxide, sulfur oxide, and particulate matter. EPA estimates that by 2020 the low sulfur ECA requirements will have prevented as many as 14,000 premature deaths and relieved respiratory symptoms for nearly 5 million people in the United States and Canada.
Royal Caribbean’s research program has developed exhaust gas scrubber technology that has the potential to provide greater emission reductions than would be achieved using only ECA compliant low-sulfur fuel, and at a much lower cost. Under this research program extension, a total of 19 ships covering a range of vessel sizes and applications will begin using these scrubbers starting in 2015.
These permits provide a temporary relief from the ECA’s fuel sulfur content requirements. This approach will enable Royal Caribbean to meet its emission requirements through exhaust gas scrubber technology, rather than with engine and fuel system modifications. This trial program will also provide valuable information on developing advanced emissions control technologies for other marine engines.
Washington State Recycling Rate Dips to 49%, State Remains a National Leader in Recycling
Washington state’s recycling rate fell slightly to 49% in 2013, but remains well above the national average, according to data reported by the Washington Department of Ecology.
The 2013 rate was down from 50.1% in 2012. Nationally, the average recycling rate was 34.5% in 2012.
The decline was driven by a 105,000-ton drop in the amount of material recycled by state residents in 2013, even as the total amount of material disposed grew by 88,000 tons. Recycling was down in several major categories, such as appliances, cardboard and wood waste.
“Recycling not only keeps material out of the landfill, it also saves a huge amount of energy—enough to power 1.3 million homes in Washington in 2013,” said Laurie Davies, manager of Ecology’s Waste 2 Resources program. “That’s why it’s important that we all do our part to get our state’s recycling rate back over 50 percent.”
On average, Washington residents recycled 3.4 lb per person per day in 2013. Electronics, gypsum, and nonferrous metals showed the biggest increases in recycling, and Washington’s E-Cycle recycling program passed 250 million lb of TVs, computers, and other electronics collected since the program began in 2009.
The diversion rate measures the total amount of waste diverted from landfills, including both recycled materials and those reused or burned for energy. The diversion rate fell from 52.4% in 2012 to 51.2% in 2013. This was largely due to a drop in construction and demolition related materials diverted from the waste stream, despite an increase in construction activity.
“As the economy recovers and more construction is underway, we need to work with builders to ensure they are reusing or recycling materials whenever possible,” Davies said.
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Trivia Question of the Week
Which of the following animals contribute the most to climate change?
a) Beavers
b) Cats
c) Rabbits
d) Polar bears
