EPA is amending the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by suspending the next IUR submission period. The IUR requires manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances.
EPA published proposed modifications to the IUR regulations in the August 13, 2010 Federal Register. The proposed rule would shorten reporting periods, require mandatory electronic reporting, and require greater detail for each chemical reported. EPA expects to finalize the proposed changes to the IUR reporting requirements in the near future.
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Toward a Green Grid for Delivering Solar and Wind-Based Electricity
The green grid is the much-needed future electrical grid, an interconnected network for delivering solar and wind-based electricity from suppliers to consumers.
Zhenguo (Gary) Yang and colleagues point out that concerns over the use of coal, oil, and other fuels that contribute to global warming and are in limited supply, have spurred interest in generating electrical energy from clean, renewable resources such as solar and wind power. But solar and wind are not constant and reliable sources of power, since wind power fluctuates from moment to moment and solar power is generated only in the daytime. This situation poses a significant challenge for electrical grid operators because other power plants need to compensate for this variability and the U.S. power grid currently has little energy storage capability. To enable a significant level of penetration and effective use of renewable energy sources amid growing energy demands, electrical grids of the future will need a low-cost, efficient way to integrate and store this electrical energy, the scientists note.
The scientists analyzed the conclusions of more than 300 scientific studies and identified several technologies that can be used for energy storage for the green grid. These include high-tech batteries now in development that can efficiently store electricity in the form of chemicals and reversible release it on demand. Among the promising technologies are so-called redox flow and sodium-ion batteries, which could provide a low cost, high efficiency way to store energy. In addition to the United States, several other countries such as China and countries in Europe are planning to increase research activities related to energy storage and development. “The growing interests as well as worldwide research and development activities suggest a bright outlook for developing stationary energy storage technologies for the future electric grid,” the article concludes.
Updated Regulations for Emergency Response for Solid Waste in Louisiana Take Effect in June
Louisiana DEQ regulations outlining the requirements for emergency response for permitted solid waste facilities are being updated. The new regulations will require the facilities to submit an emergency response plan to the State Fire Marshal for review and approval before a new or renewal permit application is submitted to DEQ. Final regulations are expected to be published and become effective June 20.
As a service to the regulated community and the public, DEQ and the State Fire Marshal’s Office have posted a joint guidance document which outlines the new regulations.
California Blocks Hazardous Waste from Western Environmental, Inc. Facility
Backing up tough warnings that the Western Environmental, Inc., (WEI) facility is not permitted to handle hazardous waste, California officials have stopped and inspected trucks outside the WEI facility in Mecca, California because of significant concerns with the facility’s activities. The Cal/EPA’s Department of Toxic Substances Control (DTSC) and the California Highway Patrol began stopping trucks prior to their entering the WEI facility. Inspectors checked manifests and bills of lading, and took samples of materials in the trucks.
If the manifest stated that wastes are hazardous, drivers were told that the WEI facility is not authorized to accept the waste, and were advised that the shipment must go to an authorized facility. The samples will be analyzed for hazardous waste as part of an ongoing enforcement investigation.
Last month, DTSC informed the facility, the Cabazon Band of Mission Indians, transporters and generators that WEI cannot accept “California‐only” hazardous waste. California’s standard of hazardous waste is stricter than the federal standard and the standards of other states.
“The State takes concerns about the Western Environmental, Inc., facility in Mecca very seriously and is working with several state and federal agencies in a comprehensive approach to address the concerns raised by residents,” said Linda Adams, Secretary for Environmental Protection.
“Today’s truck stop was part of a coordinated effort to ensure that hazardous waste regulated under California law is not entering or exiting the facility,” said Adams. “We meant it when we said we would enforce the law and anyone who continues to doubt our intent to protect the community will face consequences.”
Working swiftly to address concerns at the facility, Cal/EPA has formed a task force and is working closely with the U.S. EPA, DTSC, South Coast Air Quality Management District, Department of Resource Recycling and Recovery, and the State Water Resources Control Board to coordinate efforts to protect the community and the environment around the WEI facility. Its first action was to immediately stop the shipments of hazardous waste to the facility and is working with the Tribe to gain access to the site to further assess the situation and provide a plan of action moving forward. Cal/EPA hopes to meet with them to find solutions that meet the needs of all parties, including those who live near WEI.
“We are committed to working with the community and will identify and implement all appropriate avenues to resolve issues raised by the Mecca community,” Adams said. She added that “the Cal/EPA team is committed to working with the Mecca community every step of the way and will meet regularly with community leaders and community members to hear concerns, discuss solutions and report on progress.”
Maine DEP Announces Toll-Free Assistance Hotline
Businesses and individuals navigating Maine’s environmental regulatory process can now access assistance via a toll-free hotline answered by the Maine Department of Environmental Protection’s (DEP) lead agent of advocacy.
Julie Churchill, the newly-appointed director of Maine DEP’s Office of Innovation and Assistance and the department’s Small Business Ombudsman since 2008, will answer the hotline, which can be called at 1-800-789-9802.
In her role as Small Business Ombudsman, Churchill is charged with championing Maine’s small businesses within the department and her answering the hotline will help that advocacy service be more accessible to businesses and individuals.
The hotline is part of the environmental department’s restructuring of its Office of Innovation and Assistance to better focus on assistance as part of Governor Paul LePage’s initiative to improve Maine’s regulatory climate and create a stronger culture of cooperation between state government and Maine people and businesses.
“This is another example of how our departments are reaching out to assist Mainers,” Governor LePage said. “It’s important for our small business owners to know we’re here to help them through the permitting process. In order to create more jobs we must give job creators the tools they need to be successful. Julie and her staff are a much needed resource to those looking to develop and expand opportunities to Mainers.”
Other services offered by the office, which includes a team of four staff available to travel statewide, are: permitting guidance including step-by-step assistance with completing permit forms; reviewing what regulations apply to a specific business based on their operations; providing on-site compliance assistance; and confidentially authorizing an internal audit policy to help a business or individual come into compliance without fear of penalties or fines.
The office also offers technical assistance to help businesses recognize and quantify economic savings through the integration of long-term processes, practices, and products that reduce or eliminate the generation of pollution and waste or that protect natural resources through conservation and more efficient use.
“While all of the 410 staff members at Maine DEP are committed to customer service, our Office of Innovation and Assistance serves as a centralized, confidential and cost-free resource for those in need of assistance and advocacy in navigating department-enforced laws, rules and regulations,” said Churchill. “We believe our department can be accommodating and provide assistance without sacrificing environmental quality and in fact, see our office as being a resource that can help businesses and individuals be better stewards of environmental and economic sustainability.”
The Maine Department of Economic and Community Development also has a hotline for businesses to call to obtain assistance in state licensing, permitting, and regulatory issues. This hotline is called the Red Tape Hotline and is available at 207-624-7486. The two state agencies are working closely together to collaboratively facilitate job creation and investment.
Asphalt Manufacturer Fined $30,000 for Air Pollution Control and Hazardous Waste Violations
The Massachusetts Department of Environmental Protection (MassDEP) has fined Granger-Lynch Corp., $30,000 penalty to for violating MassDEP’s Air Pollution Control and Hazardous Waste Management regulations at its asphalt manufacturing facility located at 18 McCracken Road in Millbury, Massachusetts.
MassDEP conducted an unannounced inspection of the Millbury facility in November 2009 after receiving complaints of visual emissions and odors emanating from the facility. MassDEP personnel confirmed the conditions, and determined that the company was in violation of its MassDEP-issued Air Quality plan approval and the Massachusetts Hazardous Waste Management regulations.
In a consent order, the company agreed to comply with its Air Quality plan approval, comply with applicable environmental regulations, and upgrade its air pollution control equipment on all asphalt manufacturing equipment, including its load-out areas. In addition, the company will pay $20,000 of the assessed penalty, with an additional $10,000 suspended provided that the company has no additional violations within the next year.
Ohio EPA Rule Proposals Would Make Collecting Third Party Data Easier
Ohio EPA has proposed updates to rules that allow water quality monitoring performed by watershed groups, state agencies, schools local volunteers, and other organizations to be submitted to Ohio EPA for enhancing, improving, and maintaining water quality in Ohio.
A public hearing will be held on May 24, 2011 at 2:00 p.m. in Conference Room B, Ohio EPA Lazarus Government Center, 50 West Town Street, Suite 700, Columbus. All visitors should plan to register at the security desk in the entrance lobby and provide photo identification. Please allow extra time to complete the security registration process. All interested parties are entitled to present oral or written comments concerning the proposed rules at the hearing.
Many watershed groups, community associations, educators, local governmental organizations, and private sector businesses collect water quality data in Ohio. There is variation in the purposes of sampling efforts, sampling methods, quality controls, and data reporting procedures that are used. In 2003, the Ohio legislature passed a law to encourage the collection of monitoring data by volunteers, but also to ensure that the data is valid and useful for its intended purpose. In other words, the data should be “credible.” Ohio EPA uses the data submitted through the program in several ways dependent upon how the data was collected and whether it meets various review standards.
To promote scientific validity, Ohio EPA established rules that set up specific requirements to participate in the program and to collect data using approved study plans. Data generated under approved project study plans can be submitted through an online data entry system. After several years of experience with the program, Ohio EPA is proposing rule changes to make implementation easier.
Significant changes to the rules would include:
- Adding headwater habitat evaluation index criteria, used for small streams, to fulfill a third-party monitoring need since this data is being gathered by local government and watershed groups for other purposes, and could also be included in the state’s database;
- Adding Ohio River Valley Water Sanitation Commission (ORSANCO) to the list of agencies recognized as providing credible data, making it easier for Ohio EPA to use their information;
- Alternatives for formalized training requirements, such as apprenticeships;
- Committing to review and categorize submitted data within one year;
- Including an option for automatic approval of level 1 data to save time and reduce costs (level 1 sampling is primarily to promote awareness and is typically conducted by school groups);
- Dropping proposed training and testing requirements for chemical water quality assessment since a suitable chemistry method training course is currently unavailable, and Ohio EPA lacks the resources to offer this training; and
- Clarifying that Ohio EPA has the authority to use data from public water systems when assessing attainment of water quality standards.
After the close of the public comment period, Ohio EPA will review comments and make necessary changes to the rules. After final changes are made, rules would be adopted.
Written testimony can be sent to the attention of Jeff Reynolds either at the e-mail address above, or mailed to Ohio EPA Division of Surface Water, P.O. Box 1049, Columbus, Ohio 43216-1049 by close of business on May 24.
EPA Seeks More Information from Natural Gas Drilling Operations to Ensure Safety of Wastewater Disposal
EPA has directed six natural gas drillers to disclose how and where the companies dispose of or recycle drilling process water in the region. EPA continues to work with the Pennsylvania Department of Environmental Protection (PADEP) to ensure that natural gas production takes place safely and responsibly. These actions are among the ongoing steps EPA is taking to ensure drilling operations are protective of public health and the environment. Natural gas is a key part of our nation’s energy future and EPA will continue to work with federal, state, and local partners to ensure that public health and the environment are protected.
“We want to make sure that the drillers are handling their wastewater in an environmentally responsible manner,” said EPA mid-Atlantic Regional Administrator Shawn M. Garvin. “EPA is continuing to work with PADEP officials who are on the frontlines of permitting and regulating natural gas drilling activities in Pennsylvania.”
EPA’s action follows a request by PADEP asking drillers to voluntarily stop taking wastewater to Pennsylvania wastewater treatment plants by May 19. EPA wants to know where drillers are now going to dispose of their wastewater and will work with PADEP to ensure EPA has access to this information. The companies must report back to EPA by May 25 with information on the disposal or recycling of their drilling process water.
The companies receiving the information requests are: Atlas Resources L.L.C; Talisman Energy USA; Range Resources–Appalachia, L.L.C.; Cabot Gas and Oil Corporation; SWEPI, LP; and Chesapeake Energy Corporation. These six companies account for more than 50% of the natural gas drilling in Pennsylvania.
EPA has also requested that PADEP:
- Notify EPA when facilities are accepting hydraulic fracturing wastewater so EPA can assess if a pretreatment program or additional permit limits are needed;
- Apply water quality standards for the protection of drinking water at the point of wastewater discharge, rather than at the point of first downstream drinking water intake;
- Be aware that EPA has sent a letter to PADEP’s southwest regional office clarifying that Federal Underground Injection Control permits are required for any placement of hydraulic fracturing wastes in injection wells or bore holes.
EPA requested these actions in a letter to PADEP Secretary Michael Krancer dated May11. The letter also asked the state agency take action to ensure that any new practices for disposing of drilling wastewater are legally enforceable.
In another action related to the energy extraction industry, EPA has issued a proposed order to the Tunnelton Liquids Company to stop the underground injection of waste treatment into an abandoned mine in Saltsburg, Indiana County, Pennsylvania. EPA issued the order under the Safe Drinking Water Act, which requires company to cease its unauthorized discharge waste, including wastewater related to oil and gas production.
Natural Disasters in the Southeast cause EPA to Urge Caution on Restoration Activities Involving Lead-based Paint
Due to recent tornadoes, severe and straight-line winds, storms, and flooding in the Southeastern United States, EPA Region 4 is cautioning homeowners, volunteers, and other workers to take steps to ensure that individuals, especially children, are not at increased risk for lead poisoning, because of clean up and/or repair work. EPA urges pregnant women and children to keep away from work that could disturb lead-based paint and that those working on potential lead-based paint surfaces take precautions to prevent the spread of lead dust.
Lead dust may pose a hazard to children and pregnant women during cleanup resulting from natural disasters. Lead contaminated dust is the most significant source of lead exposure for children. Common renovation activities like sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. Lead-based paint was used in more than 38 million homes until it was banned for residential use in 1978. Lead exposure can cause reduced IQ, learning disabilities, developmental delays, and behavioral problems in young children.
Because of the nature of the storm recovery work, certain emergency provisions in the RRP apply. Work covered under the RRP rule on storm damaged housing will not require advance notice or trained renovators to remove materials from homes. Emergency renovation activities are also exempt from the warning sign, containment, waste-handling, training, and certification requirements to the extent necessary to respond to the emergency. Other renovation activities are subject to the rule requirements. Volunteer workers, who do not receive compensation for work, are not required to be certified, but should educate themselves about lead-safe work practices, so as not to inadvertently cause hazards for themselves or other family members.
The RRP program mandates that contractors, property managers, and others working for compensation, in homes and child-occupied facilities built before 1978, must be trained and use lead-safe work practices. They are also required to provide a copy of the lead pamphlet “Renovate Right; Important Lead Hazard Information for Families, Child Care Providers and Schools” to owners and occupants before starting renovation work.
Recycled Motor Oil Now Used in Enterprise’s Rental Car Fleet
In a business alliance that promises to conserve finite natural resources and safeguard the environment, Universal Lubricants and Enterprise Holdings have come together to close the car care loop. Through its regional subsidiaries, Enterprise Holdings operates the Alamo Rent A Car, Enterprise Rent-A-Car, and National Car Rental brands. Beginning at Enterprise’s airport service centers in five states, Universal Lubricants will collect the spent motor oil of Alamo, Enterprise, and National vehicles and proceed to re-refine the waste fluid, thereby transforming what was once unwanted discharge into its American Petroleum Institute (API) certified ECO ULTRA® high performance motor oil. That green motor oil will then circle back into Enterprise cars and light trucks in those markets, completing a self-sustaining cycle that will repeat itself over and over and over again.
“We are always looking for innovative ways to better manage our business sustainably, and this program represents a great example,” said Lee Broughton, director of sustainability for Enterprise Holdings. “Our partnership with Universal Lubricants is further evidence of our commitment to ensure the long-term success of our business well into the future.”
The U.S. produces approximately 1.3 billion gallons of used oil each year, and only 10% of it is re-refined. The rest of the used oil is either improperly disposed of or burned as an industrial fuel. Universal Lubricants and Enterprise Rent-A-Car together are working to reverse this trend.
“Too often business ventures are seen as diametrically opposed to environmental interests,” said John Wesley, chief executive officer of Universal Lubricants. “The collaboration between Universal Lubricants and Enterprise Rent-A-Car contests that very assumption, providing a shining example of the innovation and possibility that arises when a commitment to customer service fuses with formidable environmental stewardship.”
Utilizing a tightly controlled closed loop process, Universal Lubricants collects used oil from the government and private business such as auto parts stores, dealerships, service stations, and oil change centers across the U.S. The company then transports that oil to one of the world’s most technologically advanced re-refineries located in Wichita, Kansas, where it undergoes a state-of-the-art hydro-treating process to remove all of the water, fuel, and solvents as well as metals, asphalt flux, and other heavy contaminants. The purified high quality Grade II base stock oil is then blended with high performance additives to make API certified ECO ULTRA? products.
Bloomberg Sustainability Program Saves Millions
The report is the third of its kind produced by Bloomberg, and the first to be released publicly.
Bloomberg began formally looking at Sustainability as a business issue five years ago, determining that adoption of a strong policy was consistent with the company’s forward-thinking culture and pioneering approach to business. Since then, the program has evolved from an employee engagement platform and highly-effective management tool, to a unique source of innovation and opportunity.
Bloomberg’s efforts include leveraging its core expertise to integrate sustainability information into business decision-making for its expanding customer base. In 2008, Bloomberg began to integrate Environmental, Social, and Governance (ESG) data into its equity platform. And in 2009, the company acquired New Energy Finance, the leading provider of clean energy and carbon markets information.
“It is not only important for companies to develop sustainability strategies, but also to report on their results,” said Peter Grauer, Chairman of Bloomberg L.P. “Disclosure, transparency and access to information are critical drivers of shared knowledge surrounding sustainability. As members of the global business community, it is our responsibility to ensure this information is made available—and to elevate the conversation.”
“We’ve reviewed Bloomberg’s offerings and made significant enhancements to news coverage, equities analysis and environmental markets products,” said Daniel Doctoroff, President of Bloomberg L.P. “We are well positioned to integrate useful sustainability data and analysis into the valuation and decision-making process of the capital markets. And Bloomberg’s new products in energy, law and government address sustainability issues for their targeted community of users.”
The report highlights a number of achievements:
- In the past 3 years, Bloomberg has initiated over 300 sustainability projects in 24 countries
- BLP Core business CO2e emissions were 145,914 metric tons, down 2.4% from 2007 emissions
- Core emissions normalized by revenue decreased by over 20% against the company’s 2007 baseline
- Every $1 spent on sustainability, saves $2 in operating costs Bloomberg’s sustainability efforts have resulted in over $25 million in net savings since 2008
- Bloomberg Markets and Bloomberg Businessweek are printed on paper from sustainable forests (FSC certified)
- Over 5,000 users in 29 countries have accessed more than 50 million sustainability data sets from the Bloomberg Professional service
- All new PCs and flat panels shipped to customers are Energy Star
- Bloomberg has avoided 83k metric tons of CO2e since 2008, the equivalent of emissions from burning 410 railcars of coal
- Nearly half of Bloomberg’s 13,000+ employees will sit in LEED Certified office space by 2012
- Bloomberg diverted 59% of its waste from landfills via recycling and composting programs
- Bloomberg.com carried 1,976 stories on clean energy and environmental issues in 2010
- In the past 3 years, Bloomberg News has won 43 journalism awards related to its coverage in social and environmental issues
Ceres, a national network of investors, environmental groups and other organizations, works with companies to address sustainability and climate change issues and collaborated with Bloomberg on their efforts. “Robust stakeholder engagement is critical for companies that are looking to integrate sustainability leadership and innovation across their entire enterprise,” said Mindy Lubber, president of Ceres. “It helps them identify risks and opportunities before their peers. It’s a competitive advantage. It’s an especially welcome development to see private companies like Bloomberg embrace the value of this approach.”
The Bloomberg Sustainability report was prepared using the Global Reporting Initiative (GRI) G3 Guidelines. GRI, the world’s most widely used sustainability reporting framework, provides guidance to a wide range of interested parties—businesses, investors, non-profits, governments, communities, and others—on how the reporting organization manages their commitment to sustainability. The report has been assessed as application level B+, reflecting a strong adherence to the G3/G3.1 Guidelines, a high degree of transparency and externally assured its carbon–related data.
DOT Proposes Fine for New Jersey Pipeline Accident
DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a proposed fine of $425,000 against Kinder Morgan Products Pipelines for alleged pipeline safety violations. The proposed fine follows a PHMSA investigation into Kinder Morgan’s October 2009 accident in Perth Amboy, New Jersey.
“We will hold pipeline operators accountable when they put the public or the environment at risk,” said U.S. Transportation Secretary Ray LaHood. “Pipeline operators must be vigilant about following safety regulations to prevent accidents and keep our communities safe without disrupting energy supplies.”
As a result of PHMSA’s investigation, the agency found a total of seven probable violations related to the accident. These violations include allegations that the company failed to have and follow written startup and shutdown procedures, and failed to have and use other measures to detect abnormal operating conditions. The accident caused about 8,600 gallons of hazardous liquid to be released into the dike containment area around the company’s Perth Amboy Terminal.
“PHMSA is committed to making sure operators do not delay in assessing the integrity of their pipeline systems,” PHMSA Administrator Cynthia Quarterman said. “Today’s action underscores the importance that all pipeline operators address threats their systems may pose to public safety and the environment.”
The proposed fine is part of PHMSA’s notice of probable violation. The company will have 30 days to respond. PHMSA regulates more than 2.5 million miles of pipeline nationwide, as well as the terminals that store fuels and offer blending services for ethanol and other products. Kinder Morgan’s Perth Amboy and Carteret terminals are at the center of hazardous liquid product movement in the Northeast.
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Trivia Question of the Week
The average square mile of ocean contains how many pieces of plastic trash?
a. 460
b. 4,600
c. 46,000
d. 4.6 million
