EPA to Expand TRI Reporting to More Industries

In support of the goal of providing comprehensive toxic chemical release and other waste management information to the federal, state, local, and Tribal governments and to the public, including citizens of communities surrounding covered facilities, As originally enacted, EPCRA 313 applied only to the manufacturing industry sectors, i.e., sectors in Standard Industrial Classification (SIC) codes 20 through 39.

The statute, however, also allows the EPA Administrator to add sectors to TRI to the extent that doing so is relevant to the purposes of EPCRA 313. Under this authority, the EPA in 1997 added seven additional industry sectors to the list of sectors covered by TRI. This proposal, which is expected to be published before the end of this year, may add or expand coverage to a range of industry sectors, including: Iron Ore Mining, Phosphate Mining, Solid Waste Combustors and Incinerators, Large Dry Cleaning, Petroleum Bulk Storage, and Steam Generation from Coal and/or Oil.

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

 

• Does the rule apply to both cloth and paper wipes and rags?
• What solvents can be on the towels, and which are prohibited?
• Does the rule also apply to towels that contain characteristic hazardous waste?
• Can P or U-listed wastes be on the towels?
• How must the towels be stored on-site?
• Do they need to be tested for anything?
• How long can they be stored?
• How must the containers be marked or labeled?
• How must they be prepared for transportation?
• Where can you ship them and what are the disposal and recycling options?
• What are the documentation requirements?
• Can the rule be applied to uniforms or spill absorbents?
• How is the new rule impacted by current state regulations?

 

Jacksonville RCRA and DOT Training

 

New Orleans RCRA and DOT Training

 

Philadelphia 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.

Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

EPA to Amend Electric Arc Furnace Area Source Standard

EPA is planning to amend the Maximum Achievable Control Technology (MACT) standard for mercury in the Electric Arc Furnace (EAF) area source rule to develop an emission limit for mercury. This limit will replace the mercury switch program as MACT.

The states and environmental groups asked the EPA to reconsider the MACT work practice standard for mercury from the 2007 promulgated rule because they believe the switch program has had a much lower success rate than expected, and is unenforceable since only self-certification is required to comply with the MACT. In addition, the basis for the work practice promulgated as MACT in 2007 is no longer valid since mercury emissions can be collected, measured, and controlled at EAF as evidenced by over 30 facilities out of the 91 area EAFs that have measured mercury emissions and one facility that is collecting and controlling mercury under a state (NJ) mercury limit. An advanced notice of proposed rulemaking is expected to be published before the end of the year.

EPA to Revise Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category

EPA establishes national technology-based regulations, called effluent limitations guidelines and standards, to reduce discharges of pollutants from industries to waters of the US. These requirements are incorporated into National Pollutant Discharge Elimination System (NPDES) discharge permits issued by EPA and states and through the national pretreatment program.

The steam electric effluent limitations guidelines and standards apply to steam electric power plants using nuclear or fossil fuels, such as coal, oil, and natural gas. There are about 1,200 nuclear- and fossil-fueled steam electric power plants nationwide; approximately 500 of these power plants are coal-fired. In a study completed in 2009, EPA found that the current regulations, which were last updated in 1982, do not adequately address the pollutants being discharged and have not kept pace with changes that have occurred in the electric power industry over the last three decades. The rulemaking may address discharges associated with coal ash waste and flue gas desulfurization (FGD) air pollution controls, as well as other power plant waste streams. Power plant discharges can have major impacts on water quality, including reduced organism abundance and species diversity, contamination of drinking water sources, and other effects. Pollutants of concern include metals (e.g., mercury, arsenic, and selenium), nutrients, and total dissolved solids. The proposed rule was published in the Federal Register on June 17, 2013 (Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category, 78 Federal Register 110, pp. 34432 - pp.34543). A final rule is expected to be published in May 2014.

Hydraulic Fracturing Chemicals Reporting under TSCA Sections 8(a) and 8(d)

In response to a petition filed under section 21 of the Toxic Substances Control Act (TSCA), EPA plans to initiate rulemaking proceeding under TSCA sections 8(a) and 8(d) to obtain data on chemical substances and mixtures used in hydraulic fracturing.

Although EPA has granted the petitioners' request to initiate a rulemaking proceeding under TSCA sections 8(a) and 8(d), the Agency is not committing to a specific rulemaking outcome. By August of this year, EPA intends to first develop an Advance Notice of Proposed Rulemaking (ANPRM) and then initiate a stakeholder process to provide input on the design and scope of the TSCA reporting requirements that would be included in a proposed rule. EPA anticipates that States, industry, public interest groups, and members of the public will be participants in the process. The stakeholder process will bring stakeholders together to discuss the information needs and help EPA to ensure any reporting burdens and costs are minimized, ensuring information already available is considered in order to avoid duplication of efforts. The dialogue will also assist EPA in determining how information that is claimed Confidential Business Information could be aggregated and disclosed to maximize transparency and public understanding.

New York DEC Training on Streamlined Process for Environmental Assessment Forms

A series of webinars to instruct government agencies and the public on how to use the streamlined and revised Environmental Assessment Forms (EAF) will be held this spring.

"DEC has designed new tools and a streamlined process to reduce the time a project sponsor spends completing the paperwork associated with proposed projects," Commissioner Martens said. "The EAF Mapper will provide project sponsors with spatial data from DEC's Geographic Information database that previously required either calling a DEC office or submitting a written request for data that could take days or even weeks to obtain. Now, using the EAF Mapper, that information can be obtained in under three minutes for most projects."

The revised model EAFs are used primarily by state and local agencies to assess the potential environmental impact from proposed actions such as development projects requiring a discretionary approval by a state or local agency. Examples of such projects include residential subdivisions, solid waste management facilities, and commercial/office developments.

The revised model EAFs became effective on October 7, 2013 and has extensive new features. DEC designed the new forms and the web-based framework for the guidebooks and software mapping program, EAF Mapper. The webinar will demonstrate how the three tools work together to speed the completion of EAFs by both project sponsors and reviewing agencies.

Webinars have been scheduled for:

• April 29 – 6 p.m.–7:30 p.m.
• May 6 – 10 a.m.–11:30 a.m.
• May 13 – 3 p.m.–4:30 p.m.
• May 15 – 6 p.m.–7:30 p.m.
• May 22 – 2 p.m.–3:30 p.m.

Registration is required and is limited to 100 people at each webinar.You will receive further information on how to join the webinar after you sign up.

 

Cheaper and Cleaner Ways to Cut Carbon Pollution

A Natural Resources Defense Council proposal on how to cut carbon pollution from America’s power plants can achieve even greater reductions than previously thought—and at less cost, NRDC said recently as it released an updated analysis of its 2012 plan.

 

At the same time, the plan would yield $28 billion to $63 billion in medical and environmental benefits that far outweigh the costs of putting first-ever limits on carbon pollution.

By comparison, NRDC's 2012 analysis put those numbers at 270 million tons and $25 to $60 billion.

The better outcomes result from updating the 2012 model to reflect recent trends in the electricity industry, including lower electricity demand than previously expected and reduced costs for wind turbines, and natural gas.

Furthermore, the analysis released recently also demonstrates there are various paths, not just one, to achieve dramatic reductions in the carbon pollution power plants release. The new analysis examines solutions that rely, to varying degrees, on energy efficiency, wind energy, and carbon capture and storage.

“Today, while we limit sulfur and mercury emissions from power plants, there are no national limits on the vast amounts of carbon pollution these plants emit. That’s driving destructive climate change and putting future generations at grave risk,” said NRDC’s Executive Director Peter Lehner. “NRDC’s new analysis demonstrates that there are cheaper, cleaner and more routes to substantially reduce this dangerous pollution. They would eliminate billions of tons of carbon pollution from our air; create tens of thousands of clean energy jobs and deliver benefits of up to $63 billion in 2020—6 times greater than the cost.”

President Obama put climate change on the nation’s agenda in his second inaugural address, and followed up by announcing a national climate action plan last June.  Last September, the EPA proposed the first standards to curb carbon pollution from future power plants, and is scheduled to roll out proposed standards for the nation’s roughly 1,000 existing power plants by June 1, 2014.

NRDC’s innovative proposal would have EPA set carbon limits for each state based on its current fuel mix, and states and power companies would get maximum flexibility to meet the targets the most cost-effective way, using steps such as improved energy efficiency, not just actions that can be taken at individual power plants.

The updated analysis outlines multiple ways to major carbon reductions from power plants with additional scenarios not considered in the 2012 report. They include the impact by 2020: if less energy efficiency is adopted by the states; if more ambitious targets are set for carbon emissions; if more ambitious targets are coupled with less energy efficiency; if carbon capture and storage is deployed to reduce emissions; and the combination of ambitious standards, less efficiency than in NRDC’s 2012 plan and extension of the federal wind Production Tax Credit to 2020.

The analysis shows that under these approaches the nation could:

• Lower consumers’ electricity bills
• Cut power plant carbon pollution by 21 to 31% in 2020, and by 25 to 36% by 2025, compared to 2012 levels of pollution
• Reduce annual emissions by 470 to 700 million tons of carbon pollution by 2020
• Stimulate investments of $52 billion to $121 billion in cost-effective energy efficiency and renewable energy between now and 2020, boosting local and state economies
• Prevent more than 17,000 asthma attacks annually, avoid more than 1,000 emergency room visits and prevent thousands of premature deaths by 2020
• Deliver benefits in lives saved, reduced illnesses and damage avoided from climate change that surpass the cost by as much as $21 billion to $53 billion by 2020

“As we did in 2012, we are upending conventional wisdom. Not only is it possible to use the Clean Air Act to reduce power plant carbon pollution significantly and cost-effectively, there are many pathways to do so that do not require increasing our reliance on natural gas,” said Daniel Lashof, director of the Climate and Clean Air Program at NRDC.

“The impact could be enormous: We could eliminate hundreds of millions of tons of carbon pollution, save thousands of lives and stimulate a surge in clean energy and energy efficiency investments,” Lashof added, “and all at a lower cost than many would imagine. Now is the time to go after the carbon pollution that jeopardizes our children and future generations.”

Tips to Save Water and Reduce Waste in the Garden

Home gardening and landscaping season arrives this spring in the midst of a severe drought, and many Californians are concerned about conserving water without having their property become unsightly. The California Department of Resources Recycling and Recovery (CalRecycle) suggests that with just a bit of effort, anyone can increase the water-holding capacity of soil, reduce erosion, and conserve water with proven solutions such as mulching, composting, grasscycling, and xeriscaping.

“Sustainable landscaping practices have become more important than ever as the state faces its worst drought in decades,” CalRecycle Director Caroll Mortensen said. “Sustainable landscaping produces tremendous economic and environmental benefits. In addition to cutting water use, it reduces labor, and lowers water and fertilizer costs—it’s a common sense solution as communities struggle to conserve water and local governments work to balance their budgets.”

Keeping compostable green waste out of landfills will also be key to California’s statewide goal of recycling 75% of its discards by 2020, with lawn trimmings, leaves, and food scraps holding a prominent role in that effort.

“An important part of the CalRecycle mission is to increase the diversion of green materials from landfills for beneficial uses such as compost and energy production,” Mortensen said. “Californians can help us reach that goal by incorporating some simple, sustainable landscaping practices.”

Here are some easy ways many of us can save water and improve soil in our gardens and yards:

Organic materials commonly used for mulch include wood chips, ground-up landscape trimmings, shredded bark, coarse compost material, straw, and shredded paper.

Spreading mulch several inches thick over your outdoor site will keep out weeds. In the summer, mulch is an especially effective way to conserve irrigation water.

Not only is composting good for the garden, it’s also good for the environment by helping to reduce greenhouse gas. In 2012 California had 29 million tons of disposal, about 32% of which was compostable green waste—materials that can easily be diverted from landfills to be used as compost for landscaping, or create renewable energy such as biofuel.

Composting at home is super easy and a great way to teach kids about conservation techniques. Composting can, on average, reduce a household’s waste by 25%. A compost pile can be set up in a corner of the yard with few supplies. Choose a level spot about three- to five-feet square near a water source and preferably out of direct sunlight.

The best way to compost food waste is to mix it with dry leaves, sticks and twigs, wood chips, sawdust, dried/dead plants, shredded newspaper, or paper from a home shredder, along with yard waste such as grass clippings. Always cover fresh material with a layer of wood chips and a dusting of dirt.  You can also turn the pile completely over by building it into another pile. If the pile gets too wet or dense with food scraps, it will smell bad and composting will slow down or stop altogether.

In most California climates, the compost is ready in three to six months, when it becomes a dark crumbly material that is uniform in texture. Spread it in the garden, raised beds or under and around plants. The compost can also be used as potting soil.

Grass clippings decompose quickly, returning valuable nutrients back to the soil. It reduces turf grass fertilizer and water requirements, which minimize chemical runoff entering storm drains and polluting creeks, rivers, and lakes.

Grasscycling, similar to mulching, is also an effective way of conserving water. Many modern mowers come with mulching kits. These machines cut and recut grass into tiny particles, which drop down onto the soil. It is best to mow when the lawn is dry, since wet grass will clump and pile and does not make for effective mulch.

Xeriscaping means landscaping with slow growing, drought tolerant plants to conserve water and reduce yard trimmings. The practice of xeriscaping will vary from region to region. Plants which are appropriate in one climate may not work well in another. The moist northwest may be considered inhospitable to sturdy plants of the desert south. Landscapes need to be planned to be compatible with locally available resources, including water, soil types, and sunlight.

Our limited supply of water, subject to ever increasing demands, is just one resource saved by xeriscaping. Xeriscapes generally require less fertilizer and fewer pest control measures than traditional landscapes. Because pesticides and fertilizers can inadvertently harm beneficial organisms, as well as impact air and water quality, reducing their use is a good idea. And, of course, using less of these materials saves money.

EPA Requires Five New England Companies to Better Manage Hazardous Chemicals

All five companies—two in Connecticut, two in Massachusetts and one in New Hampshire—were charged with violating Clean Air Act requirements that protect communities, workers, and emergency responders from accidental releases of extremely hazardous substances, such as chlorine, ammonia, hydrochloric acid, and sulfur dioxide. In addition, one company was charged with violating community right-to-know requirements that give neighbors information about hazardous chemicals in their midst. Another was charged for failing to notify the National Response Center about sodium hypochlorite that spilled out of a ruptured tank that had no secondary containment. This tank was located near the Merrimack River in New Hampshire.

 Additionally, two companies will make their communities safer by performing supplemental environmental projects that go above and beyond what is required by law. One of these projects involves the elimination of toxic chlorine, and one requires the purchase of state-of-the-art equipment to detect ammonia releases and automatically shut down ammonia processes in the event of a release.

“Failing to carefully follow chemical accident prevention requirements and chemical reporting requirements poses increased risks of exposure to dangerous substances for both people and the environment,” said Curt Spalding, regional administrator of EPA’s New England office. “Hazardous substances must be properly handled to ensure that the local community and first responders are not subject to unacceptable risks. This is why companies are required to implement safety precautions to prevent accidental releases of these chemicals.”

Companies that settled EPA allegations of violating the federal Clean Air Act or Emergency Planning and Community Right-to-Know Act were:

Metal Finishing Technologies, Inc., of Forestville, Connecticut, will take steps to significantly reduce risks and pay a $12,400 penalty for failing to properly address several requirements of the Clean Air Act’s Risk Management Planning (RMP) program and perform a Supplemental Environmental Project that will eliminate the use of chlorine gas at the Facility at a cost of at least $54,000. The RMP program requires companies with certain amounts of very hazardous chemicals to develop and implement a program to prevent accidental releases of those chemicals and to reduce any consequences from an accidental release. Metal Finishing Technologies was subject to RMP requirements because of its use of chlorine gas, an extremely toxic substance.The Facility was required to maintain an up-to-date and complete RMP, including accurate information pertaining to Facility contacts, process safety information, process hazard analysis; a review of operating procedures; training; a review of mechanical integrity of equipment; and a complete and accurate emergency response plan. The failure to correctly prepare, update and/or implement an RMP for chlorine gas put the Facility’s employees, emergency responders and the surrounding area at risk from accidental releases.

JCI Jones Chemicals, Inc., of Merrimack, New Hampshire, is a chemical manufacturing and distribution company specializing in water and wastewater treatment products. The company has agreed to pay $40,920 to resolve allegations that it violated federal chemical safety laws at its facility in Merrimack. Among other things, EPA alleged that JCI Jones violated RMP requirements by failing to adequately evaluate risks associated with storing and handling chlorine and sulfur dioxide in proximity to incompatible chemicals, such as sodium hypochlorite, and on-site traffic. In addition, JCI violated CERCLA reporting requirements when it failed to immediately notify the National Response Center of an accidental release of sodium hypochlorite from a ruptured storage tank unprotected by secondary containment and located in proximity to the Merrimack River.

Holland Company, Inc., of Adams, Massachusetts, manufactures chemical products for water treatment and distributes these chemicals and products from other suppliers to municipal and industrial water and wastewater treatment plants. Holland has agreed to pay a penalty of $85,166 for violations of Section 112(r) of the Clean Air Act by failing to comply with the RMP regulations for its storage of hydrochloric acid at its facility. Holland stores hydrochloric acid, which is a RMP chemical, at its Facility for use by PCA Systems (see below). EPA determined that from at least February 2008 until April 2010, Holland had violated hazardous chemical reporting requirements by failing to: (1) develop and submit a “Program 2 RMP” for hydrochloric acid; (2) develop a RMP management system; (3) complete a hazard assessment; (4) conduct a hazard review; (5) comply with operating procedure requirements; (6) comply with training requirements; and (7) comply with maintenance requirements. Holland has come into compliance by substituting the hydrochloric acid it was using with a safer, less concentrated hydrochloric acid that is not subject to RMP requirements.

PCA Systems, Inc., of Adams, Massachusetts, is a related company to Holland Company (see above), and operates a facility adjacent to the Holland facility that uses hydrochloric acid. PCA and Holland share common management and coordinate their business activities. PCA will pay a penalty of $44,351for its alleged violations of the RMP regulations.

Northeastern Shaped Wire, Inc., of Southington, Connecticut, manufactures shaped coil and wire, and has agreed to pay $5,626 in penalties and to purchase and install a state-of the-art hazardous chemical detection and alarm system worth $26,625 at their facility. The ammonia detection and alarm system to be installed at the Southington facility will be integrated with emergency controls to automatically shut down the ammonia processes upon detecting certain concentrations of ammonia and will automatically notify emergency responders in the case of a release when the facility is unmanned or unable to respond to a release on its own.  Conducting the ammonia process hazard analysis and installing the detection and alarm system will minimize and mitigate the potential for ammonia releases at the facility.

All the companies cooperated with EPA throughout the investigation process, and, since EPA’s inspections, all have taken concrete steps to reduce the risks of an accidental release of hazardous substances.

Omnicare of New Hampshire Fined $298,100 for Hazardous Waste Violations

 

Omnicare is an Ohio based company doing business in Londonderry, New Hampshire, as Omnicare of New Hampshire. Omnicare operates community-based, long-term care mail order pharmacies that primarily service group living facilities (i.e., nursing homes, assisted living facilities, and jails) and generates the majority of its hazardous waste through a product return program.

The State alleged that Omnicare failed to identify certain pharmaceutical wastes as hazardous wastes. Omnicare then shipped the hazardous waste pharmaceuticals to facilities that were not authorized to accept the wastes.

There are 30 pharmaceuticals that are specifically listed as hazardous waste and numerous other pharmaceuticals that are considered hazardous waste due to their characteristics (i.e., ignitable, corrosive, reactive, or toxic). In order for waste pharmaceuticals to be properly managed as hazardous waste, they must be identified by the pharmacy at time they are discarded. State law requires that hazardous waste be handled and disposed of in accordance with the State's Hazardous Waste Rules, in order to prevent harm to human health or the environment.

These violations, as well as Omnicare's failure to follow certain hazardous waste management requirements, were discovered during a DES inspection in October of 2011. Omnicare quickly corrected the problems once identified by DES and was cooperative throughout the investigation.

Under the terms of the settlement, Omnicare will be assessed a total penalty of $298,100.

Federal Cartridge Company Penalized for Hazardous Waste Violations

Federal Cartridge Company has been fined and required to take corrective actions as a result of hazardous waste violations at its ammunition manufacturing facility in Anoka, Minnesota.

At an inspection in May 2013, Minnesota Pollution Control Agency staff discovered that a discharge of wastewater from a settling tank had left a residue on and around one of the buildings at the facility. Tests on the wastewater and residue showed lead concentrations at levels that made the discharge a hazardous waste.

Later in the year the company had started a construction project to replace a hazardous waste treatment tank, but had failed to submit final plans for the project to the MPCA for approval. The project also required a modification to the company’s hazardous waste facility permit, which had not been obtained from the MPCA prior to construction.

Federal Cartridge Company has been fined $44,500 and is required to complete a series of corrective actions to operate in compliance with hazardous waste rules and regulations.

 It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.

EPA Issues Order to Army to Address Abandoned Explosives

Recently, the EPA issued an order to the US Department of the Army to address 15 million lb of abandoned explosives and propellant stored on the grounds of Camp Minden in Minden, Louisiana.

The site, in Northwestern Louisiana, has been owned and operated by the State of Louisiana and the Louisiana Military Department since 2005. A private company under contract with the US Army had been using the site to improperly store unused explosives and propellant. As the material ages, it becomes more unstable, increasing the chances of an uncontrolled explosion.

EPA’s order finds the Army to have contributed to the illegal storage and handling of the waste explosives, thereby creating an imminent and substantial endangerment of public health and the environment. After receiving the order, the Army must submit a plan for disposing of the material to EPA. The plan must include extensive safety measures for disposal workers and the surrounding area. The order also requires the Army to plan for the health and safety of the local community during and after the cleanup.

Acid Manufacturer Agrees to Slash Emissions and Reduce Air Pollution

LSB Industries, Inc. (LSB), the largest merchant manufacturer of concentrated nitric acid in North America, and four of its subsidiaries have agreed to reduce harmful emissions of nitrogen oxides (NOx) by meeting emission limits that are among the lowest for the industry in the nation at plants in Alabama, Arkansas, Oklahoma, and Texas, the EPA and Department of Justice announced recently.

 The companies estimate that it will cost between $6.3 and $11.7 million to implement the measures required by the settlement.

“This case is about cleaner air for people living in communities near manufacturing plants,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “LSB Industries has committed to dramatic cuts in air pollution and ensuring they are in compliance with the law. We expect others in the industry to recognize the imperative to adopt reforms and reduce pollution in communities where they operate.”

“With today’s settlement, LSB and its subsidiaries are further improving the nitric acid manufacturing process and reducing harmful air pollution across four states,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “In response to the Clean Air Act and state law claims, the companies have taken a constructive and cooperative approach by agreeing to implement global operational changes and mitigate past emissions. These actions raise the bar for compliance in this industry sector.”

LSB and its four nitric acid producing subsidiaries will also pay a total penalty of $725,000 to resolve alleged violations of the Clean Air Act and applicable Oklahoma state law. In addition to paying the penalty, the companies must continuously monitor emissions and make any necessary operational improvements such as installing new pollution controls or upgrading current controls to meet the new NOx limits.

The recent settlement applies to the ten nitric acid manufacturing plants owned or operated by the following Oklahoma City-based LSB subsidiaries: El Dorado Chemical Co., in El Dorado, Arkansas (four plants); Cherokee Nitrogen Co. in Cherokee, Alabama (two plants); El Dorado Nitrogen Co. in Pryor, Oklahoma (three plants); and El Dorado Nitrogen Co. in Baytown, Texas (one plant).

The complaint, filed concurrently with the settlement, alleges that the Cherokee, El Dorado, and Pryor subsidiaries constructed or made modifications to their plants that resulted in increased emissions of NOx without first obtaining pre-construction permits and installing pollution controls. The complaint does not allege any violations regarding the Texas facility.

The recent action is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including acid manufacturing facilities. High concentrations of NOx in the air can irritate the lungs and lower resistance to respiratory infections such as influenza. Continued or frequent exposure may cause increased incidence of acute respiratory illness in children. Further, airborne NOx can significantly contribute to acid rain and lead to the formation of smog.

The companies have also agreed to spend $150,000 to remediate and reforest ten acres of land with acidified soils located near El Dorado, Arkansas NOx emissions, such as those from nitric acid plants, can contribute to soil acidification. The project will help to minimize erosion, reduce stormwater runoff, improve habitat for wildlife and capture carbon dioxide, a greenhouse gas.

The States of Oklahoma and Alabama are co-plaintiffs in the settlement and will receive a portion of the total penalty as follows: $206,250 will be paid to the Oklahoma Department of Environmental Quality and $156,250 will be paid to the Alabama Department of Environmental Management.

LSB, headquartered in Oklahoma City, Oklahoma, is a major producer of nitrogen-based fertilizers, including anhydrous ammonia, urea, and ammonium nitrate. The company owns and operates the largest fleet of concentrated nitric acid rail cars in the United States. LSB and its subsidiaries produce nitric acid for use in products that include herbicides, metal treatment, explosives, and pharmaceuticals.

Texas Chemical Plant Agrees to Cut Harmful Air Pollution in Overburdened Community

The Department of Justice and the EPA announced recently that Flint Hills Resources of Port Arthur has agreed to implement innovative technologies to control harmful air pollution from industrial flares and leaking equipment at the company’s chemical plant in Port Arthur, Texas. This settlement is part of EPA’s national effort to advance environmental justice by protecting communities such as Port Arthur that have been disproportionately impacted by pollution. 

 

“Communities like Port Arthur are a focus of our enforcement efforts as they have been hit hard by air pollution,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By working with EPA, Flint Hills has advanced new air pollution controls that will help EPA bring similar air quality improvements to other American communities. EPA will continue to focus on tough pollution controls and cutting edge technologies in order to reduce the burden of air pollution on Americans who need it most.”

“This agreement reflects the Justice Department’s and the EPA’s commitment to alleviate the environmental and human health challenges faced by vulnerable communities,” said Acting Assistant Attorney General Robert G. Dreher of the Justice Department’s Environment and Natural Resources Division. “This settlement will mean cleaner, healthier air for residents of the Port Arthur area who continue to bear a disproportionate burden from the impacts of industrial pollution.”

The settlement requires Flint Hills to operate state-of-the-art equipment to recover and recycle waste gases and to ensure that gases sent to flares are burned with 98% efficiency. The company has spent approximately $16 million to implement these required controls on industrial flares.

When the agreement is fully implemented, the company estimates it will spend $28 million to reduce fugitive pollutant emissions that may leak from valves, pumps, and other equipment. The company must monitor leaks more frequently, implement more aggressive repair practices, adopt innovative new practices designed to prevent leaks, and replace valves with new low emissions valves or use packing material to reduce leaks.

To further mitigate pollution impacting the community, the company will spend $2 million on a diesel retrofit or replacement project that is estimated to reduce nitrogen oxides and particulate matter by a combined 85 tons, in addition to 39 tons of carbon monoxide, over the next 15 years. The company will also spend $350,000 to purchase and install technologies to reduce energy demand in low-income homes.

For the past several years, Flint Hills has operated a system to monitor the ambient levels of the hazardous air pollutants benzene and 1,3 butadiene at the boundaries of the facility, also known as the “fence line.” The company has used the information collected to identify and reduce potential pollutant sources for communities living near the facility. In this settlement, Flint Hills has agreed to make its fence line monitoring data available online to the public.

The complaint, filed by DOJ on behalf of EPA at the same time as the settlement, alleges that the company improperly operated its steam-assisted flaring devices in a way that emitted excess amounts of VOCs, including benzene and other hazardous air pollutants. It also alleges violations of EPA regulations designed to limit emissions from leaking equipment.

The measures required by the settlement will cut emissions of pollutants that can cause significant harm to public health. VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. Chronic exposure to benzene, which EPA classifies as a carcinogen, can cause numerous health impacts, including leukemia and adverse reproductive effects in women.

The settlement is part of EPA’s national effort to reduce emissions of toxic air pollutants, with a particular focus on industrial flares and leaks from equipment. Improper operation of an industrial flare can emit hundreds of tons of hazardous pollutants into the air. EPA encourages companies to flare less, and when they do flare, to fully burn the harmful chemicals found in the waste gas.

Flint Hills’ plant in Port Arthur manufactures chemicals that are used in a variety of products, including medical devices, automotive parts, and appliance components. The Port Arthur facility has the capacity to produce nearly 1.4 billion lb of ethylene and 700 million lb of propylene annually.

 

SK Innovation Co. Ltd. Fined $790,000 for Selling Uncertified Diesel Particulate Filters

The California Air Resources Board (ARB) announced that SK Innovation Co., Ltd. (SKI), was fined $790,000 for selling diesel particulate filter systems in a non-verified configuration. These filter systems, featuring a metal substrate, are designed to trap diesel particulate matter contained in diesel engine exhaust.

An ARB investigation revealed that the units sold were produced with non-conforming warning systems that were not approved by ARB. ARB requires that all filter-based diesel emission control systems be installed with a backpressure monitor to notify the operator when the specified high-pressure limit is approached. The notification must occur and be clearly visible to the operator while the vehicle or equipment is in use. Specifically, the “Peak Pressure of the Exhaust” (PPE) values were not the same as those originally approved by ARB.

In announcing the settlement, ARB enforcement Chief James Ryden stated, “SKI fully cooperated with ARB’s investigation and the resolution of this matter. However, violations of established California regulations relating to the control of diesel emissions have serious consequences in our state.”

As part of the settlement agreement, SKI agreed to pay a penalty, which is consistent with penalties ARB has imposed in similar cases. SKI also agreed to a nationwide recall campaign that started on January 3, 2014, with a deadline of June 30, 2014. SKI is contacting affected filter owners and will reimburse those owners up to the original purchase price for a replacement filter, as well as assist with scheduling the replacement of the filters.

Onyx Specialty Papers Fined $8,500 for Late Notification of Bleach Spill

The Massachusetts Department of Environmental Protection (MassDEP) has assessed an $8,500 penalty on Onyx Specialty Papers, Inc., a paper manufacturing company based in Lee, Massachusetts for violation of hazardous materials spill notification regulations at their facility located at 40 Willow Street in South Lee.

On May 21, 2013, Onyx notified MassDEP of a spill of bleach that had occurred at their facility on September 14, 2010. Onyx indicated that a fitting on a bleach tote had failed at that time, releasing solution to a concrete pad and soil in the vicinity of wastewater processing equipment at the facility. Onyx stated that at the time of the release, it believed that the Massachusetts reportable quantity for the bleach solution was 100 lb, and therefore did not notify MassDEP. However, the Massachusetts reportable quantity for this material is 10 lb.

Massachusetts' spill reporting regulations require that MassDEP be notified of spills above the reportable quantity as soon as possible, but in no case greater than two hours after having knowledge of the spill. Onyx became aware of the error in May 2013 after a contaminant potentially related to the un-reported spill was detected in a groundwater monitoring well at the property. Notification to MassDEP was provided shortly thereafter.

Onyx has since improved the bleach tote storage location by installing impervious asphalt surfaces and a berm to contain spills. A drain for the area was also installed and is plugged during chemical deliveries and when equipment is being cleaned, to prevent accidental releases. In a recently finalized consent order, Onyx agreed to pay the $8,500 penalty and to retrain its employees on notification requirements and appropriate response to spills of oil and hazardous materials.

"When a spill of hazardous material occurs, the responsible party must immediately notify response agencies and perform assessment and cleanup of the spill quickly to eliminate any public health hazard and threat to the environment," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. "We appreciate that Onyx Specialty Papers has completed cleanup of the release, took proactive steps to improve its chemical handling area, and will be retraining employees to prevent this violation from occurring again."

President’s Climate Data Initiative

Last June, President Obama launched a Climate Action Plan to cut carbon pollution, prepare communities for the impacts of climate change, and lead international efforts to address this global challenge. The plan recognizes that even as we act to curb the carbon pollution that is driving climate change, we must also prepare our citizens and communities for the climate impacts that are already underway across the country.

Delivering on a commitment in the President’s Climate Action Plan, the Obama Administration has launched the Climate Data Initiative—a broad effort to leverage the Federal Government’s extensive, freely available climate-relevant data resources to stimulate innovation and private-sector entrepreneurship in support of national climate-change preparedness.

President Obama is committed to ensuring that communities across America have access to the information and tools they need to protect themselves from harm today and potential damage in the future. This means connecting regional and city planners, resource managers, farmers, hospitals, and businesses with data-driven tools to help them better understand, manage, and prepare for the real-world impacts associated with climate change. Maps of future sea-level rise, for instance, can help builders decide where to break ground out of harm’s way, while other online tools can help water utility operators identify potential threats to the local water supply.

Insights gathered from data can help communities and businesses better understand and manage the risks associated with climate change. However, taking data about climate that is collected by satellites and scientific equipment and turning it into easy-to-use information and tools takes analysis, innovation, and cutting-edge technology expertise.

Through the Climate Data Initiative, the Obama Administration is issuing a call to America’s top private-sector innovators to leverage open government data resources and other datasets to build tools that will make America’s communities more resilient to climate change and to forge cross-sector partnerships to make those tools as useful as possible. In response to this call to action, the initiative includes a number of commitments by Federal agencies and private-sector partners:

 

Administration Commitments

The Climate Data Initiative builds on two significant Administration commitments: to strengthen America’s resilience to climate change, and to make government-held data more accessible to the public, entrepreneurs, researchers, and others as fuel for innovation and economic growth. New steps by the Administration include:

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• Launch of NASA and NOAA Innovation Challenge on Coastal Vulnerability and Preparedness. NOAA and NASA are launching an innovation challenge to encourage entrepreneurs, technologists, and developers to create and deploy data-driven visualizations and simulations that help people understand their exposure to coastal-inundation hazards and other vulnerabilities. 
• Release of New Infrastructure and Geographic Map Data Relevant to Climate-Preparedness. To help communities and citizens plan for the risks of coastal flooding and other climate-change-related impacts, the US Geological Survey, US Department of Homeland Security, US Department of Defense, and National Geospatial-Intelligence Agency are releasing a collection of datasets containing mapping information about hundreds of thousands of the Nation’s infrastructure units and geographical features, including bridges, roads, railroad tunnels, canals, and river gauges. Providing wider access to these data to mission partners and the general public can advance preparedness for climate change impacts and other disasters. 
• NOAA Request for Information on Increasing Access to Environmental Data: Of the 20 terabytes of data NOAA gathers each day only a small percentage is easily accessible to the public. Through the RFI, American companies will be able to provide potential solutions for NOAA to turn this untapped information into usable products or services. Respondents have until March 24, 2014, to submit a written statement of interest, including a proposed way forward.
• Support for Climate Data & Tools in the President’s Budget. Recognizing the critical importance of data and information to meet the challenge of climate change, the President’s proposed FY15 Budget includes support for State, local, and tribal preparedness efforts, analysis of vulnerabilities of critical infrastructure, and development and dissemination of better information and planning tools, including the Climate Resilience Toolkit and Climate Data Initiative. The Budget also includes a new $1 billion Climate Resilience Fund, within a fully paid for $56 billion Opportunity, Growth, and Security Initiative, that expands on existing climate-change preparedness programs to ensure we are doing everything we can to support the safety and security of our communities and resources. The Fund will help us better understand and prepare for climate change by investing in research and unlocking data and information, including new sea level rise analyses.
• Expanding Stakeholder Outreach & Engagement. The White House, NASA, NOAA, and other Federal agencies will convene innovators, community leaders, scientists, communicators, and citizens to identify needs for data and data-driven tools, spur innovative collaborations and partnerships, and get feedback on how to best make data, information tools, and other resources on climate change available and useful to people, businesses, and communities. This process began with two collaborative stakeholder workshops during which climate and technology experts will brainstorm innovative new climate resilience tools and ways to provide increased data-access to wide audiences. These workshops will precede the public launch.

Private Sector Commitments

• Esri: Providing Communities with Map-Based Planning Tools and Collaboration Platforms. Esri is unveiling a new two-part initiative to help communities more effectively build climate-resilience. First, Esri will develop and publish a series of free and open "maps and apps" developed in partnership with 12 cities that help address the most urgent climate-relevant needs shared among thousands of users of Esri’s ArcGIS platform—such as preparing for droughts, heat waves, or flooding. Second, Esri is announcing a climate-focused geo-collaboration portal—an online destination to discover, contribute, and share resources critical to confronting the impacts of climate change. . Prizes will be awarded and the resulting apps will be openly shared in July.
• Intel Corporation: Fostering Regional Partnerships and Hosting Hackathons to Boost the Development of Climate Resilience Tools. Intel Corporation, as part of its Code for Good program, is announcing its sponsorship of three regional partnerships including “hackathon” events focused on climate resilience in the Chesapeake Bay, New Orleans, and San Jose. In each location, Intel will join with local partners to convene teams of engineering and computer science students, and other interested local citizens, and challenge them to develop new software applications and tools to make good use of available data sets related to climate change resilience. Each hackathon will have a focus area tailored to priorities of its host community, with an emphasis on driving a sense of local ownership of the tools that emerge from the event. These tools will be broadly communicated and made available for use in other localities.
• Google: Providing Vast Cloud Computing Resources to Spur Creation of High-Resolution Drought and Flood Mapping, Apps, and Tools for Climate Risk Resilience Google is committing to provide one petabyte (1,000 terabytes) of cloud storage to house satellite observations, digital elevation data, and climate and weather model datasets drawn from government open data and contributed by scientists as well as 50 million hours of high performance cloud computing on the Google Earth Engine geospatial analysis platform. To leverage these resources, Google is announcing new partnerships with the Desert Research Institute, the University of Idaho, and the University of Nebraska to (1) provide drought mapping and monitoring for the entire continental United States in near real-time and (2) model water consumption from vegetation across the entire planet. To better manage climate-related flooding, Google is also challenging the innovation community to leverage these vast cloud computing resources by collaborating in the development of an open and freely available global terrain model at unprecedented resolution—one petabyte of storage could support better than 1 meter resolution which will help the public and planners worldwide better anticipate and map the risks of coastal floods and other disasters. Google is also committing to support analysis and visualization of these scientific data to make information about impacts such as sea-level rise, storm surges, extreme heat, and drought easily accessible to the public.
• CartoDB: Announcing New Grants Program to Support Creation of Data-Driven Tools. CartoDB will launch a grants program to support foundations and nonprofits in creating data-driven tools or efforts with respect to helping communities, companies, or citizens with resilience and preparedness for climate change impacts such as flooding, drought, and heat waves. The money is to be spent in a year, but funded projects are free to reapply in the future.
• Climate Central: Releasing New Web Tools to Assess Local-Scale Sea Level Rise. Climate Central will release a free web tool providing local projections, maps, and assessments of exposure to sea level rise and coastal flooding tabulated for every coastal zip code, municipality, county, and state in the US, along with planning, legislative, and other geographic districts. Exposure assessments will cover more than 100 demographic, economic, infrastructure, and environmental variables using data drawn mainly from federal sources, including NOAA, USGS, FEMA, DOT, DOE, DOI, EPA, FCC, and the Census.