Congress established the New Source Review (NSR) program as part of the 1977 Clean Air Act Amendments and modified it in the 1990 Amendments. NSR is a preconstruction permitting program that serves two important purposes:
- It ensures the maintenance of air quality standards when factories, industrial boilers, and power plants are modified or added. In areas that do not meet the national air quality standards, NSR ensures that new emissions do not slow progress toward cleaner air. In areas that meet the standards, especially pristine areas like national parks, NSR’s PSD program ensures that new emissions fall within protective air quality standards.
- The NSR program ensures that state of the art control technology is installed at new plants or at existing plants that are undergoing a major modification.
On October 20, 2010, EPA published the final rule establishing increments for PM2.5. An increment is the maximum allowable increase in ambient concentrations of a pollutant in an area. Increases above that level are considered to significantly deteriorate air quality and cannot be allowed.
In this rulemaking, EPA also established two screening tools that would exempt a permit applicant from some of the air quality analysis and monitoring required under the Act and EPA regulations: significant impact levels (SILs) and significant monitoring concentration (SMC).
On January 22, 2013, the US Court of Appeals for the District of Columbia vacated the significant monitoring concentration (SMC) provisions of the EPA Prevention of Significant Deterioration (PSD) program for fine particle pollution. At EPA’s request, the Court also vacated and remanded portions of the significant impact levels (SILs) for fine particle pollution.
On November 26, 2013, EPA issued a good cause final rule to remove elements of the Clean Air Act Prevention of Significant Deterioration (PSD) program for fine particle pollution. These elements address air quality modeling and monitoring provisions for fine particle pollution in areas protected by the PSD program.
Since this rule is a good cause final rule in response to the Court’s decision to vacate the PM2.5 SILs and SMC, EPA will not be taking public comment on this action.
The Docket ID No. is EPA-HQ-OAR-2006-0605.
Wilmington RCRA and DOT Training
Cary, NC HAZWOPER Training
Cleveland RCRA and DOT 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.
Clean Up Gets Easier Using EPA's Incident Waste Decision Support Tool
EPA’s Incident-Waste ) tool helps communities manage waste resulting from natural disasters like hurricanes, tornados, and wild fires or oil spills or even following a terrorist attack. I-Waste can be used to access information, regulations, and guidance to ensure safe and efficient removal, transport, and disposal of waste materials.
According to Dr. Shawn Ryan, Director of EPA’s Decontamination and Consequence Management Division (DCMD), early waste disposal decisions can affect the safety and efficacy of cleanup and recovery following an incident (accidental or deliberate release of a hazardous substance) or disaster. He says that the anthrax attacks in 2001 demonstrated how “waste can drive a situation.” For example, the largest cost of decontaminating the buildings targeted with anthrax mailings was waste disposal. As a result, the decontamination strategies used for subsequent anthrax incidents focused on minimizing waste and debris.
- Contaminated buildings
- Contaminated water and wastewater systems
- The dispersal of radiation
- Natural disasters
- Agricultural events such as an outbreak of bird influenza
The tools provide access to information such as regulatory contacts at the local, state, and federal levels; the amount and type of waste to expect in specific situations; contacts for handling, transporting, treating, and disposing of waste and debris; and lessons learned from previous events. Some unique features of the tool include a waste materials estimator, links to treatment and disposal facility databases, and a template that allows users to create incident planning and response records.
EPA Approves Public Participation Rules in Texas’ Clean-Air Plan
The revised plan gives citizens additional opportunities to comment on applications for air permits for new facilities and modifications to existing facilities.
Citizens will be notified when a facility applies for a permit and after Texas Commission on Environmental Quality (TCEQ) proposes a draft permit. Facilities will also have to provide expanded technical documents to ensure citizens and interested groups have as much information as possible on proposed permits.
“Public review and input during the permitting process is important to making good decisions,” said EPA Regional Administrator Ron Curry. “The state's revised rule improves transparency in the air permitting process and allows for more public input.”
After extensive collaboration between the TCEQ and the EPA, the state revised the public participation rules for air permit applications to apply to new and existing facilities classified as major or minor sources of pollution. TCEQ incorporated these revisions into the State Implementation Plan submitted to EPA. The revised plan clarified procedures for citizens to submit comments on permit applications, as well as how TCEQ is to respond to comments.
Malibu Teachers Demand Broader Toxic Testing at School
A public school campus one block from the Pacific Ocean in Malibu, California, is enmeshed in a toxic contamination quandary with teachers insisting on more information as to the substances to which they and their students may be exposed. Public Employees for Environmental Responsibility (PEER), representing teachers in the Malibu Middle and High Schools and Juan Cabrillo Elementary School, demanded a full site assessment, which, at a minimum, meets EPA protocols.
As part of a construction project back in 2011, contractors discovered soils on campus contaminated with PCBs and organochlorine pesticides (chlordane and DDT) presenting “an unacceptable health risk,” according to the contractor’s assessment. This testing also detected several other toxic chemicals (lead, arsenic, cadmium, benzene, and toluene) above California Human Health Screening Levels. However, contaminated soils were only removed from parts of the project footprint by workers wearing no protective gear. No further testing was done. Nor did district officials, knowing of the hazards posed by disturbing the soil, notify parents, teachers or even the school principals when more than 1,100 tons were removed while summer school was in session.
In early October, a group of 20 Malibu/Cabrillo teachers wrote to the district about recent cases of thyroid cancer, rashes, migraines, hair loss, and other health effects they were experiencing and believe arose from their work environment. Shortly thereafter, the teachers’ letter and the earlier soil removal went public.
The Santa Monica-Malibu Unified School District reacted defensively with reassuring yet uninformative messages. It then engaged a consultant to conduct limited testing for indoor levels of PCBs, radon, and CO2, though the latter two played no known role. The rationale for this testing was not explained. Over the ensuing weeks, the district has released partial, conflicting, and unhelpful updates.
Recently, on the teachers’ behalf, PEER urged that the district, EPA, and California Department of Toxic Substances Control officials perform systematic testing to definitively confirm or dispel concerns:
- There should be a site assessment covering the entire three-school campus to determine the extent and hopefully the source of toxic chemicals
- The review should look at lead, arsenic, benzene, and all of the chemicals found, not just PCBs and pesticides
- To assess all sources of exposure there must also be soil testing, which the district initially promised but then reneged upon, not just the less reliable air testing inside classrooms
“It is utterly irresponsible for the district to further delay investigations to discover the true extent of the contamination on campus,” stated PEER Senior Counsel Paula Dinerstein, noting that an environmental consultant engaged by Malibu/Cabrillo parents has suggested actions similar to those urged by the teachers. “By taking evasive half-measures, the district is only fanning fears and breeding distrust.”
The district has not released any hard data from its limited testing. In a November 17th letter to staff, Superintendent Susan Lyon stated that airborne PCB levels were “well below” EPA health guidelines. This was not true, however. Ms. Lyons then had the November 17th letter pulled from the district website and issued another letter on November 22nd admitting that PCBs in some areas exceeded EPA “trigger levels” but “pose no acute threat” in classrooms. But, this made little sense since PCBs pose a chronic, long-term threat not a short-term exposure danger.
“The district is only compounding its potential liability by trying to ignore rather than investigate what is really present on campus and why,” Dinerstein added, noting that the district has allocated $30,000 to hire a law firm with funds that could have been used for soil testing.
Supplier for Embalming Chemicals Takes Action to Improve CAA Compliance
A supplier and former manufacturer of embalming chemicals has taken actions to increase public safety at its former Cambridge, Massachusetts, facility, as well as at distribution warehouses in Texas, Illinois, and California, under a settlement with EPA.
The settlement with Dodge Company of Billerica, Massachusetts, addresses concerns identified by EPA that procedures designed to prevent accidental releases of hazardous chemicals, and procedures to help protect first responders in the event of an accident, were not adequately followed. EPA’s action has helped the facilities to enact better public safety measures in their resident communities. Under the settlement, the company will also pay a $400,000 penalty.
According to EPA’s complaint, Dodge Company failed to comply with chemical risk management planning requirements of the Clean Air Act at four facilities (Cambridge, Massachusetts; Fort Worth, Texas; Batavia, Illinois; and Fontana, California.), and failed to file chemical inventory reports required by the federal Emergency Planning and Right-to-Know-Act (EPCRA) for its facilities in Texas, Illinois, and California. The purpose of these requirements—commonly known as the RMP regulations—is to prevent accidental releases of certain extremely hazardous substances. The regulations also help facilities and emergency responders cope with any releases that do occur. A facility’s compliance with the RMP regulations is summarized in a risk management plan that is submitted to EPA every five years. The EPCRA chemical inventory reports provide information about a facility’s hazardous chemicals to emergency responders and the public.
The most serious and numerous violations were at the former Cambridge, Massachusetts, operation, which was located near a transit center, several businesses, and a public bikeway. At the time of the violations, this facility blended, packaged, stored, and sold embalming chemicals and other products needed for funerals. In its manufacture of embalming chemicals, Dodge used formaldehyde, a flammable chemical that can also form toxic gas, as well as flammable methanol and isopropanol.
This action stems from EPA inspections of the Cambridge facility in January 2010, which were conducted after EPA learned of safety violations discovered by OSHA. EPA also identified Dodge as one of the facilities that had not yet submitted its five-year risk management plan update. The inspectors discovered that, although Dodge had originally filed a risk management plan for the compounding process, it was not in compliance with most of the underlying RMP regulations and had never filed a risk management plan for its warehousing operations.
Among other things, inspectors discovered that Dodge’s Cambridge facility had: no tank design information; improperly maintained formaldehyde tanks and tank supports; no overfill controls on tanks; compromised secondary containment of tanks; no emergency lighting, and broken overflow detectors. An analysis done after EPA’s inspection revealed a potential for fire or explosion resulting from a buildup of flammable vapor and the introduction of a spark from either static discharge or improperly rated electrical equipment.
The alleged violations of EPCRA involve Dodge’s failure to timely submit chemical inventory forms to fire departments and other emergency planning/response agencies.
The other warehouses in Texas, Illinois, and California did not have risk management plans until 2011, after EPA inspected the Cambridge, Massachusetts, facility. Dodge was cooperative throughout the enforcement process and complied with all EPA requests, including an administrative compliance order and an information request that EPA issued in 2010. Despite the dangers discovered at the Massachusetts facility, EPA has no knowledge of any chemical releases associated with any of the company’s facilities.
Based on cases like this one, EPA recommends that companies with RMP programs take care in two particular ways. First, companies should not assume that a consultant’s work product for the first risk management plan should be used for subsequent rounds without close review and updating. Second, when a knowledgeable employee departs, the company must promptly cover the departed employee’s regulatory areas. EPA has observed many cases where RMP programs fell through the cracks because key personnel retired or moved on. Preventing chemical accidents is all about erecting, and continually maintaining, several layers of protection—for example having a robust tank inspection program to prevent releases coupled with a vapor detection and alarm system to minimize the harm from any releases that do occur.
537 Hartford Turnpike, LLC Must Restore Wetland Resources, Pay Penalty
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $5,000 penalty to 537 Hartford Turnpike, LLC, and its registered agent Christopher J. Muello, to address damage caused by violations of the Wetlands Protection Act at its property located at 824 Hartford Turnpike, Shrewsbury.
Following a request for assistance from the Shrewsbury Conservation Commission, MassDEP personnel inspected the area and observed that filling of Bordering Vegetated Wetlands (BVW) had occurred on the property during construction of a commercial building and a parking lot. The work was taking place beyond the area of work approved in an Order of Conditions issued by the Shrewsbury Conservation Commission.
The owner agreed to pay the penalty, implement the approved wetlands restoration plan, monitor the restored wetlands to assure success of the restoration, and submit a final inspection report. Through this action, 1,625 square feet of BVW will be restored.
"Companies working near wetlands need to follow the requirements and comply with orders issued by local conservation commissions to protect the wetland resources of the Commonwealth," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "MassDEP relies on its local partners to assist with enforcement of the Wetlands Protection Act."
Radant Technologies Penalized $6,400 for Violating Hazardous Waste Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $6,440 penalty against Radant Technologies, Inc., of Stow for violations of state Hazardous Waste regulations. The company manufactures composite radomes and reflectors at its 255 Hudson Road facility.
During a routine inspection conducted in March, MassDEP personnel found the company had accumulated hazardous waste for longer than is allowed by its registered status, failed to maintain a hazardous waste inspection log, and failed to properly label its hazardous waste containers. In a consent order with MassDEP, the company is required to maintain compliance with applicable regulations and pay the penalty.
"Hazardous Waste regulations require proper management and disposal of wastes within specific time frames, which are dependent on the amount of waste generated," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "Once made aware of the violations, the company took immediate corrective actions."
Operator of Fitchburg-Westminster Landfill Assessed $18,000 Penalty for Asbestos-Handling Violations
Resource Controls, Inc., operator of the Fitchburg-Westminster Landfill, has been assessed an $18,000 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for failing to follow waste disposal practices required by state regulations for asbestos-containing waste material.
During a September 25, 2012, inspection, MassDEP inspectors observed open asbestos waste bags in the asbestos disposal area of the landfill, which is a violation of the law. MassDEP regulations require that appropriate handling procedures are implemented during all phases of removal, handling, and disposal. These work practices are crucial requirements designed to minimize the potential for asbestos fibers to become airborne and thus reduce potential exposure to workers and the general public.
"It is critical that this landfill operator follow the required asbestos-handling procedures to prevent asbestos fibers from becoming airborne," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "That way, the company can ensure a safe environment for landfill workers and the public."
Pennsylvania DEP Announces Proposed Consent Decree with Waste Treatment Corporation
The Department of Environmental Protection recently announced that it has reached a proposed consent decree with Waste Treatment Corporation that addresses adverse impacts to the Allegheny River caused by the company’s treatment and discharge of wastewater.
The proposed consent decree must go through a 30-day public comment period before Commonwealth Court’s final approval.
DEP conducted biological surveys in 2012, which indicated that the discharge from Waste Treatment Corporation’s plant at 341 West Harmar St. in Warren was harming the river’s water quality and biological community.
As proposed, the consent decree requires Waste Treatment to submit the necessary permit application to the department for the installation of additional wastewater treatment that will achieve applicable effluent limitations, including total dissolved solids and chlorides of 500 mg/l and 250 mg/l, respectively. The additional treatment must be installed and have achieved all of the other requirements in the consent decree by January 1, 2016.
The proposed consent decree also requires Waste Treatment to verify, through biological surveys, that the additional treatment is successful in restoring the water quality and biological community of the Allegheny River.
The department is now accepting written comments regarding this proposed consent decree with Waste Treatment Corporation.
A notice of the formal comment period will be published in the November 23, 2013, edition of the Pennsylvania Bulletin. The public comment period will end on December 23, 2013.
You can obtain a copy of the proposed consent decree may do so by contacting DEP’s Northwest Regional Office at 230 Chestnut St., Meadville, PA 16335 or by telephone at 814-332-6942. Written comments may be submitted within the 30-day comment period to DEP’s regional Clean Water Program at the same address.
After the close of the 30-day public comment period, the department will file responses to the comments that it received. The department and Waste Treatment will then file a Joint Motion requesting that the Pennsylvania Commonwealth Court approve the entry of the consent decree, which will become final upon the court's approval and entry of the decree.
Developer, Contractor Fined for Excavation in Washington
The Washington Department of Ecology has issued penalties of $20,000 each to a Cashmere developer and the contractor he hired for excavation work in Mission Creek in September 2012, in violation of state shoreline and water quality regulations.
George N. Valison and construction contractor David G. Baker, of D. Baker Construction & Excavating, LLC, were cited for using heavy earthmoving equipment in Mission Creek, digging material from the stream bed and bank, and installing boulders in the stream bed and bank, altering the stream channel and damaging the shoreline.
The stream is the site of sensitive fish spawning habitat. In addition, changes to the stream channel can result in flooding and harm to adjacent properties. The work at Quail Lane Home Condos, then owned and developed by Valison, was conducted within a 25-feet stream buffer zone and below the “ordinary high water mark” for the stream.
A notice of violation requiring corrective action was first issued to both parties on November 14, 2012. In addition to the penalty, Valison has been ordered to prepare and submit a plan to restore the shoreline area and submit applications for appropriate permits to local, state, and federal permitting agencies to conduct shoreline and in-water work.
Stream restoration and bank stabilization work must be demonstrated to be complete within six months of when permits are issued. The parties have 30 days to pay the penalty or may file an appeal with the Pollution Control Hearings Board.
California Water Board Orders Benbow Water Co. to Stop Water Sales Outside of Its Area of Service
To prevent possible negative impacts to fish and wildlife, the State Water Resources Control Board’s Division of Water Rights recently issued a Cease and Desist Order to the Benbow Water Co., in Humboldt County to halt water sales outside the district’s area of service.
Under the order, the Benbow water Co., must stop selling bulk water for use outside the area of service defined in the water district’s permit, and take actions to correct permit violations involving service to 20 homes outside of the service area. Violations were discovered as a result of a public complaint.
The water district has a State Water Board permit to draw water from the East Branch of the South Fork of the Eel River, and it also claims a riparian right to water from the river. The water right permit defines the uses for the water, the amount that may be diverted and the area in which the water may be used. Water diversions under riparian rights do not need a permit, but the water must be used on land contiguous to the water body.
The South Fork of the Eel River is a designated Wild and Scenic River, and supports Coho Salmon, Chinook Salmon and Steelhead Trout, all listed as threatened species.
The unauthorized diversion of water reduces the amount of water available for fisheries and other riparian habitat.
Under the Cease and Desist Order, Benbow Water Co., must immediately stop the bulk sale and delivery of water outside the authorized place of use, including some local community-sponsored events, until the State Water Board considers a petition for change in the water right permit; and stop all other sale of bulk water outside the place or season of use within 30 days. The Order allows Benbow Water Co., to choose to continue to provide bulk water sales outside its authorized place of use, however, when the water is needed for emergency domestic water supply.
The water company is ordered to keep accurate records of bulk water sales within the area of service, detailing the name of the water hauler, the volume of water sold, the date, purchaser, purpose and place of use.
Separate records of bulk water sales for emergency domestic water use must be kept.
Within 60 days, Benbow Water Co., must file a petition for change in place of use to include areas now receiving water diverted under the Benbow permit, and keep monthly records of the water served to areas outside the authorized places of use.
Benbow Water Co., must demonstrate a valid basis of right to deliver water to the 20 homes outside the authorized service area or file an appropriative water right to cover the diversion and use of water; and immediately discontinue adding new residential or commercial water service connections to parcels outside of the authorized place of use or without a riparian claim of right.
If Benbow Water Co., fails to comply with the order, it could be subject to civil liability fees of up to $1,000 for each day of violation, or referral to the Attorney General for further enforcement action.
Research Project Finds Half of Minnesota’s Stream Miles Physically Altered
A first-of-its-kind research project has found that nearly 50% of Minnesota’s stream miles have been physically altered by humans. Alterations like channelizing, ditching, or impounding change the natural hydrology of streams and their drainage areas.
People have modified and rerouted Minnesota’s rivers and streams to accommodate various aspects of human development and entrepreneurship for more than 100 years. However, the extent of altered stream miles within Minnesota has not been well documented until now.
During the past two years, the Minnesota Pollution Control Agency (MPCA) and the Minnesota Geospatial Information Office (MNGeo) have been visually reviewing stream channels using a combination of available sources, including:
- Aerial imagery from the previous 30 years
- Historical aerial imagery dating back to the 1930s
- MPCA biological monitoring photographs
The results indicate that 49.6% of stream miles in Minnesota have been altered by humans, a higher percentage than previously thought by watershed professionals. The results also represent the first comprehensive baseline of stream channel conditions in the state of Minnesota.
According to the MPCA, having comprehensive data on the extent of watercourse alterations adds a new layer of context and perspective to ongoing monitoring efforts. It is known that altered stream channels can result in higher flows, higher levels of pollutants entering waterways, and decreased habitat. Water quality monitoring results can now be compared with the altered watercourse data to help the MPCA determine potential causes of pollution problems within a given watershed.
This combination of information will also assist the MPCA in working with local partners to develop watershed restoration and protection plans throughout the state’s 81 major watersheds. Restoring an altered stream to its natural condition, or maintaining a stream that has not been altered, can aid in protecting or improving water quality.
With funding made available through the Clean Water, Land and Legacy Amendment, the Altered Watercourse Project was a collaborative effort between the MPCA, MNGeo, and the Minnesota Department of Natural Resources.
“This information will be very helpful as we continue to monitor and assess the condition of Minnesota’s rivers, streams and lakes,” said MPCA stream biologist Ben Lundeen. “It will help our watershed staff as they continue to work with local partners to develop watershed restoration and protection projects throughout the state.”
New York DEC and Price Chopper\The Golub Corporation to Co-Host 10th Anniversary Celebration of Environmental Excellence and Innovation
The New York State Department of Environmental Conservation (DEC) will be celebrating the 10th Anniversary of the New York State Environmental Excellence Awards on Tuesday, December 10, 2013 from 9:30 a.m.–4 p.m. The celebration event is being co-hosted by Price Chopper/The Golub Corporation and will be held at its LEED gold certified headquarters in Schenectady, New York.
DEC is partnering with Price Chopper to celebrate 10 years of innovative programs that are protecting New York's environment and building a more vibrant New York economy. Those who attend will be inspired by success stories from businesses, schools, not-for-profits, municipalities, and governments taking action to be "greener" and more profitable. The celebration event will include displays about previous award winning projects, a keynote address, lunch, and the presentation of the 2013 Environmental Excellence Awards. Price Chopper will also give tours of its LEED gold certified headquarters.
DEC established the awards program in 2004 to recognize and give visibility to selected businesses, schools, municipalities, governments and not-for-profit organizations achieving outstanding environmental sustainability, social responsibility, and economic viability. Since the inception of the program, DEC has honored 52 award recipients. Winners have included entrepreneurs competing in global markets to schools empowering future environmental leaders. Municipalities have been awarded for investing in green infrastructure, implementing a cost-effective food waste composting program and financing an energy efficiency retrofit program. Universities and school districts across New York have been recognized for developing energy efficiency programs and engaging students and administrators in impressive sustainable practices. Small businesses have been honored for innovative and green technologies and a lighting manufacturer demonstrated that innovative design does not necessarily translate to higher costs. Those who register for and attend the event will learn more about these outstanding efforts.
For more information about the 10th anniversary award celebration, by calling 518-402-9167.
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Trivia Question of the Week
Of the 46 million turkeys purchased for Thanksgiving this year, how many went uneaten?
a. 2 million
b. 100,000
c. 9 million
d. 750,000
