Connecticut’s Attorney General Richard Blumenthal announced that days after he and U.S. Sen. Rosa DeLauro called on the EPA to investigate the potential threats related to artificial turf, the agency has agreed to investigate.
“I am pleased the EPA has heeded our call—recognizing its responsibility to know the facts about lead and other potentially harmful chemicals in artificial turf,” Blumenthal said. “The EPA should complete this research as quickly as possible because the health risks are potentially urgent as children play every day on these fields across America, and communities make profoundly far-reaching decisions about building new ones. Hopefully, the EPA will complete an authoritative study before the new school year begins this Fall. We will cooperate and assist in every way possible.”
“On playing fields throughout Connecticut, we are playing with the health of our children. We must address the unknowns and do the research necessary to protect our children’s health, as well as environmental concerns. Preliminary studies have already revealed troubling possible risks involving lead and other dangerous chemicals in artificial turf. Recycled rubber tires are replacing grass in fields across the state and nation, raising serious questions about the potential environmental risks, including possibly harmful runoff into streams and other waterways.”
Ohio Prohibits Disposal of Lead Acid Batteries
. Battery disposal will be prohibited at solid or hazardous waste disposal facilities. Lead acid batteries are found in motor vehicles, motorcycles, wheelchairs, boats or other motorized sources.
The law requires any person who generates a lead acid battery to recycle it. They can be delivered by individuals to a retailer, wholesaler, secondary lead smelter, automotive repair business, a household hazardous waste collection event, or a recycling entity that accepts lead acid batteries.
In addition, the new law will require retailers and wholesalers of lead acid batteries to take back spent consumer lead acid batteries for recycling. The new law requires retailers and wholesalers to display signs explaining recycling requirements to consumers. It also requires establishments to ensure that spent lead acid batteries received from consumers are delivered to a recycling facility.
The law exempts batteries used in consumer products like computers, electronic games, telephones, radios and similar electronics. Ohio joins a growing list of states and at least one municipality that have adopted mandatory battery recycling requirements in recent years.
California Heavy-Duty Vehicle Greenhouse Gas Reduction Measure
The California Air Resources Board is currently developing a measure to reduce greenhouse gas emissions from heavy-duty long-haul tractors and trailers. The proposed measure specifically applies to tractors over 33,000 pounds gross vehicle weight that pull 53-foot box-type trailers and 53-foot box-type trailers used in long-haul transportation. This measure, which is based on the voluntary SmartWay (SM) Program developed by the EPA, aims to improve transportation efficiency by requiring technologies that reduce aerodynamic drag and rolling resistance.
In addition to requirements applicable to truck operators, this measure will also require logistics companies to ensure that operators they contract use only compliant tractors and trailers within California.
Ohio EPA Revises Permit to Install and Operate Rules
Ohio EPA has, for a second time, refiled amended language of rules for the new Permit-to-install and operate (PTIO) program that were originally proposed to the Joint Committee on Agency Rule Review on July 3, 2007. This rule package includes amendments to Ohio Administrative Code (OAC) rules 3745-15-03, 3745-31-01 to 3745-31-05, 3745-31-07, 3745-31-10, 3745-31-20, 3745-31-29, 3745-31-30, 3745-31-32 and 3745-31-33, the rescission and replacement with new text of OAC rules 3745-31-06, 3745-31-08, and 3745-31-09, and the rescission of all of the rules in OAC Chapter 3745-35 with no replacement. The PTIO program will condense two separate permitting processes into one. By consolidating the installation and operation requirements into one permit, Ohio EPA anticipates that permit holders will be better able to understand and comply with permit requirements. The result should be an increase in the number of facilities in compliance, which achieves Ohio EPA’s objective of obtaining cleaner air. For background information on the development of the PTIO program, please see the PTIO program webpage.
The rules were originally pulled from the rulemaking process in the Fall of 2007 to address comments received concerning the proposed rule changes. After making changes to address the comments, the rules were refiled on January 2, 2008. OEPA pulled the rules from the process a second time in late January to allow time to address additional comments received after the rules were refiled. After reviewing the comments, it was determined that no additional changes were necessary, therefore, the rule language being refiled is identical to the language refiled on January 2, 2008.
Please see the responsive summary of changes, rule synopsis, and amended rule language, all available on the Ohio EPA DAPC web page for electronic downloading. Questions regarding accessing the web site should be directed to Arunee Niamlarb at 614-728-1342.
The refiled rules are not effective at this time. They will become effective at a future date after completion of a review by the Joint Committee on Agency Rule Review. Watch the above websites for future developments.
EPA Rule Gets Closer in Quest to Eliminate Childhood Lead Poisoning
On April 22, EPA published its Renovation, Repair, and Painting Rule which was signed on March 31 by the EPA Administrator. . This rule will require professionals in pre-1978 housing and child-occupied facilities to be properly trained, certified, and to follow lead safe work practices. The requirements of the rule will become fully effective on April 22, 2010.
U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, said: “Once again, the Bush Administration has failed to heed its scientists. Today the EPA proposed a standard for lead that would leave children in harm’s way. Lead is a dangerous toxin that diminishes a child’s intelligence, and causes other developmental harm. EPA has a responsibility under the law to establish a safe standard for lead, based on science, and must revise this proposal to protect our children and families.”
Webcast on EPA’s Draft Water Climate Change Strategy
On Thursday, May 8, EPA will be hosting a webcast from 2:30 to 4:30 pm EDT to discuss EPA’s Draft National Water Program Strategy: Response to Climate Change. The agency recently distributed this draft strategy and is now seeking comment until May 27, 2008. The draft strategy represents an initial effort by EPA’s National Water Program to identify potential impacts of climate change for clean water and drinking water programs, and to define actions both to adapt water programs to these impacts as well as to mitigate the release of greenhouse gases. The free webcast will highlight some of the key impacts on water resources and water programs, and key actions we are proposing.
Program Helps Operators Provide Safe Drinking Water
EPA has announced the availability of the Check Up Program for Small Systems (), a user-friendly computer-based program to help owners and operators of small drinking water and wastewater utility systems develop asset management plans to improve the efficiency of utility operations.
MIT Tracks Carbon Footprint of Different Lifestyles
Whether you live in a cardboard box or a luxurious mansion, whether you subsist on homegrown vegetables or wolf down imported steaks, whether you’re a jet-setter or a sedentary retiree, anyone who lives in the U.S. contributes more than twice as much greenhouse gas to the atmosphere as the global average, an MIT class has estimated.
The somewhat disquieting bottom line is that in the U.S., even people with the lowest energy usage account for, on average, more than double the global per-capita carbon emission and those emissions rise steeply from that minimum as people’s income increases.
“Regardless of income, there is a certain floor below which the individual carbon footprint of a person in the U.S. will not drop,” says Timothy Gutowski, professor of mechanical engineering, who taught the class that calculated the rates of carbon emissions. The results will be presented this May at the IEEE International Symposium on Electronics and the Environment in San Francisco.
While it may seem surprising that even people whose lifestyles don’t appear extravagant—the homeless, monks, children—are responsible for significant greenhouse gas emissions, one major factor is the array of government services that are available to everyone in the U.S. These basic services—including police, roads, libraries, the court system, and the military—were allocated equally to everyone in the country in this study. Other services that are more specific, such as education or Medicare, were allocated only to those who actually make use of them.
The students conducted detailed interviews or made detailed estimates of the energy usage of 18 lifestyles, spanning the gamut from a vegetarian college student and a 5-year-old up to the ultrarich—Oprah Winfrey and Bill Gates. The energy impact for the rich was estimated from published sources, while all the others were based on direct interviews. The average annual carbon dioxide emissions per person, they found, was 20 metric tons, compared to a world average of four tons.
But the “floor” below which nobody in the U.S. can reach, no matter a person’s energy choices, turned out to be 8.5 tons, the class found. That was the emissions calculated for a homeless person who ate in soup kitchens and slept in homeless shelters.
The analysis was carried out by Gutowski and 21 students in his 2007 class, “Environmentally Benign Design and Manufacturing.” They derived a system for making such comparisons, which they call ELSA—environmental life style analysis.
Unlike some other attempts to quantify carbon-emission rates, Gutowski and his students took great care to account for often-overlooked factors, such as the “rebound effect.” That’s when someone makes a particular choice—for example, buying a hybrid car instead of a gas-guzzler—but then uses the money saved from their reduced gasoline costs to do something else, such as taking a long trip by airplane. The net impact, in such a case, may actually be an overall increase in carbon emissions.
“When you save energy, you save money,” Gutowski explains. “The question is, how are you going to spend that money?”
The students looked at the factors within each person’s control that might lead to a reduction in carbon output. They found that achieving significant reductions for the most part required drastic changes that would likely be unacceptable to most people. As a result, they said, “This all suggests to us very significant limits to voluntary actions to reduce impacts, both at a personal level and at a national level.”
In a continuation of the class this semester, another group of students are exploring this question in more detail, looking at just what kinds of things people really can do to limit their environmental impact. Gutowski says the question they are addressing is, “Can average Americans ‘tighten their belts’ in a way that would make a significant difference?”
Once again, the class will be interviewing people living in a wide variety of ways, including an Amish farming lifestyle. Then, after analyzing the results and possible changes, they will go back to the same people and ask, “Would you consider these alternatives?”
In general, spending money on travel or on goods that have substantial energy costs in their manufacture and delivery adds to a person’s carbon footprint, while expenditures on locally based labor-intensive services—whether it’s going to a therapist, taking an art class, or getting a massage—leads to a smaller footprint.
But the biggest factors in most people’s lives were the obvious energy-users: housing, transportation, and food. “The simple way you get people’s carbon use down is to tax it,” Gutowski says. “That’s a hard pill to swallow—politicians don’t like to ‘step up’ to support such measures.” Absent such national actions, he says, it is important to study “what role consumer choices can play” in lowering the nation’s carbon emissions.
If nothing else, the members of this class got a whole new perspective. “The students really got into it,” Gutowski says. “It raised everybody’s awareness about the issues.”
California Approves New Energy Efficient Measures for California Homes and Businesses
“These new standards demonstrate that California is serious about energy efficiency,” said Energy Commission Chairman, Jackalyne Pfannenstiel. “These standards will help consumers reduce their monthly energy bills and reduce greenhouse gas emissions by improving the codes used in residential and business construction in California,” she added.
The 2008 Building Energy Efficiency Standards, also known as Title 24, regulates construction of residential and nonresidential buildings. The new standards have been updated to include new code regulations for lighting; windows; roofing; skylights; swimming pool and spa equipment; heating, ventilation, and air conditioning (HVAC) equipment and controls; and the New Solar Homes Partnership.
High performance windows in new homes will now be required to be more resistant to heat and better insulated. Additionally, several changes make heating, ventilating, and air conditioning systems more efficient for homes and businesses.
“Cool roof” standards have also been upgraded to include residential and nonresidential buildings. “Cool roofs” are highly reflective, insulated roofing materials that stay up to 40 degrees cooler than a normal roof under a hot summer sun. “Cool roof” standards are designed to reduce air conditioner demand, save money, and reduce the urban heat island effect. A “cool roof” can reduce a homeowner’s electricity consumption by as much as 20 percent.
Efficient lighting in both residential and nonresidential applications is a key improvement of the latest standards. Expanded use of skylights in these standards is evident in large nonresidential buildings. For example, the requirement to install skylights in commercial warehouses larger than 25,000 square feet has been changed to include warehouses starting at 8,000 square feet. As a result, businesses will use more natural daylight and save electricity costs.
Many of the changes in the standards are tailored to help reduce not only overall energy use, but peak energy use—electricity demand on hot summer days when air conditioning loads can cause California’s need for power to nearly double. The latest efficiency standards will cut California’s peak energy demand by 129 megawatts the first year the standards are in effect and increase cumulatively in subsequent years.
The standards have support from many sectors. According to Natural Resources Defense Council Senior Scientist Noah Horowitz, “By 2013, the new building code will save as much energy as a large (500 megawatt) power plant. These advanced performance standards place California on course to meet its future energy needs and help achieve its ambitious global warming reduction goals.” Horowitz added, “Through these upgrades, California once again demonstrates its dedicated environmental leadership by having one of the most advanced building energy codes in the world.”
Rebuttable Presumption that Used Oil is Hazardous Waste
Before processing, transporting or burning used oil you must determine if your used oil meets RCRA’s definition of used oil or if your used oil is in fact considered a hazardous waste. The following guidance was developed by the Missouri Department of Natural Resources, but would also apply in any state that follows the Federal EPA used oil regulations.
To figure out if your used oil could be classified as hazardous waste, you must determine the total halogen content of the used oil by either testing the used oil or using knowledge of the halogen content in regards to the way the used oil was originally used and processed. If the used oil’s halogen content has already been determined by a previous handler of the used oil (marketer, processor/rerefiner, transporter, or burner) then you can use the information provided by them.
Halogen content is a measurement of the chemicals in your used oil that have a halogen atom. There are inorganic halogens (e.g., table salt) that are not normally considered hazardous and organic halogens that also have a carbon atom and are considered hazardous constituents. This is why EPA decided to measure the halogen content, because it provided a good measuring tool of determining if the oil was mixed with hazardous constituents. The measure of total halogens includes both inorganic and organic halogens.
If the used oil contains equal to or greater than 1,000 parts per million (ppm) total halogens, then the material is considered a hazardous waste because it is presumed that it has been mixed with a listed hazardous waste such as solvents . At this point you can treat the used oil as a hazardous waste and dispose of it accordingly. If you believe that your used oil does not have any hazardous waste mixed in it even though it has equal to or above 1,000 ppm halogen content you can rebut this presumption, in other words make an argument, that the used oil is not a hazardous waste. How can you demonstrate this?
1. Generator materials and processes used:
The generator can provide information about the generation process of the used oil, the composition of the used oil and any other materials that were involved. The generator can also provide evidence that the used oil was not mixed with a listed waste. A good way to show that the used oil is not a hazardous waste is performing analytical testing and providing the results in support of your argument.
2. Material Safety Data Sheets (MSDSs):
An MSDS sheet could provide evidence that an ingredient in question was present in the original oil formula and not present because of mixing hazardous waste into the oil. Also, MSDS sheets could demonstrate that the halogen content is high because of lubricant additives and again, not from mixing hazardous waste into the used oil.
3. Inorganic total halogen concentration:
Since halogen tests measure both organic and inorganic halogen content, and most halogenated hazardous constituents are organic compounds, you could test the content of organic compounds. If the concentration of inorganic compounds is significantly higher, this could be a valid argument that the material is not a hazardous waste because remember; inorganic halogens are not usually hazardous.
4. Product additive information:
Your oil may contain lubricant additives that may have high halogen contents but are not listed as a hazardous waste. If there is evidence that the halogen content is high primarily because of this additive, this could be a valid argument that your material should be managed as used oil and not hazardous waste.
5. Show that the used oil is mismanaged PCB-containing oils:
If you can show the halogen content is 1,000 ppm or more and the halogen content is present because of the presence of polychlorinated biphenyls (PCBs), you can manage the material under the used oil regulations as long as the PCB content itself is less than 50 parts per million.
There are some exceptions to this rule. Even if your used oil contains equal to or greater than 1,000 parts per million (ppm) total halogens, if you meet the following exclusions you can manage the material as RCRA used oil without using the rebuttable presumption:
1. Metalworking oils/fluids/ containing chlorinated paraffins where the used oil will be recycled in any other manner, or disposed.
2. Used oil contaminated with chlorofluorocarbons that have been mixed with used oil from other sources.
3. If the total halogen content exceeds 1,000 ppm only because the used oil was mixed with PCB waste, then the oil falls back into the used oil regulations and is regulated as such in conjunction with the Toxic Substance Control Act as long as the PCB concentration is less than 50 ppm.
4. Mixtures of used oil and hazardous waste from conditionally exempt small quantity generators.
5. Mixtures of used oil and residues from empty containers as long as there are not other sources of halogens for this used oil and/or the used oil did not contain over 1,000 ppm halogens before storage in a RCRA empty container.
You should keep this rebuttal information on file in case you are inspected. If you want a concurrence on your rebuttal, contact the department and we will evaluate your assessment.
Rhode Island Green Zone to Boost Business Recycling
Rhode Island’s Department of Environmental Management (DEM) and Rhode Island Resource Recovery Corporation (RIRRC) are launching a new free program for businesses wanting to increase recycling and reduce waste. Called the Green Zone, this cooperative effort between the two agencies aims to help businesses better understand local recycling laws and regulations, increase recyclables collected in the workplace, and reduce waste destined for burial in the Central Landfill. Rhode Island businesses generate approximately 60% of the waste buried in the Central Landfill, or 660,000 tons per year.
RIRRC and DEM will be exhibitors at the Greater Providence Chamber of Commerce’s Business Expo on May 6-7 at the R.I. Convention Center. Experts from each organization will be on hand providing attendees with information about Green Zone services.
“The Business Expo is the perfect opportunity for us to kick-off the Green Zone, a collaborative effort with Resource Recovery,” said W. Michael Sullivan, Ph.D. Director of DEM. “Providing Rhode Island’s business community with a one-stop resource for business recycling solutions is a key component to help improve Rhode Island’s commercial recycling rates.”
All businesses are required to recycle.
Green Zone team members will help businesses determine what kinds of waste they generate, educate them about which materials can be recycled, design a custom recycling program, and advise on how to reduce trash hauling fees.
“Fortunately, adding recycling to workplaces, large and small, is pretty inexpensive and fairly easy,” said Mike OConnell, executive director of RIRRC. “If they don’t, the long-term consequences of citing landfills and incinerators, or shipping waste out of state will be expensive and difficult. I urge all businesses to explore their options with Green Zone experts. The economic, societal, and marketing advantages of increased pro-environment efforts will result in measurable benefits to R.I. businesses.”
For information, contact Green Zone team members Alyson Silva, commercial recycling coordinator at DEM (222-4700 x7134, ) or David Bordieri, waste prevention coordinator at RIRRC (942-1430 x110, ).
California Proposes to Allow Cyanide Wastewater Treatment with Permit by Rule
DTSC proposed this self-implementing authorization to closely match the environmental threat posed by specified treatment when the treatment occurs on the same site where the waste is generated. Permit by Rule requires a facility to notify the local Certified Unified Program Agency (CUPA) (or other agency designated by the Secretary for California Environmental Protection Agency where there is no CUPA) of the treatment activity. The business must also comply with the numerous protective standards of a Permit by Rule. When the facility has notified, it receives authorization; and compliance with the regulatory requirements is determined upon inspection.
This proposed amendment to the Permit by Rule regulations provides regulatory relief by allowing an option to the standardized hazardous waste facility permit currently required to authorize certain onsite treatment of cyanide-containing hazardous waste. This proposed regulation does not affect any existing recycling exemptions or hazardous waste exclusions.
Michigan’s Rules for Hydrogen Storage Go into Effect
The rules, promulgated pursuant to the Fire Prevention Code, are the result of the cumulative efforts of the Department of Environmental Quality (DEQ), local fire chiefs, industry experts, and other stakeholders and are the first of their kind in the nation.
These rules will apply to all gaseous and liquefied hydrogen storage systems and will regulate the storage and handling of hydrogen for industry and commercial operations. The DEQ hopes the rules form the basis for regulating and promoting the infrastructure necessary to support the expansion of fueling stations to accommodate hydrogen as an alternative fuel for the automotive industry.
Questions regarding these rules may be directed to the Storage Tank Unit, Storage Tank and Solid Waste Section, Waste and Hazardous Materials Division, DEQ, P.O. Box 30241, Lansing, Michigan 48909-7741, at 517 335 2690; or contact Andrea Zajac at 517 335 7294 or
Building Material Supplier Fined $42,000 for Failure to Inspect Diesel Trucks
Last week, Service Rock Products paid $42,000 to settle truck emissions violations that occurred in the high-desert area of California in 2005 and 2006.
Service Rock Products, based in Victorville, Calif., provides concrete, aggregate and other building supplies to clients as well as offering material transport service. California’s Air Resource Board (ARB) enforcement audit found that the company had not been inspecting its trucks annually for smoke emissions.
“The inspection program is a necessary and simple step to ensure that vehicles stay clean and meet California’s standards on air quality. By following these standards we can achieve healthier air for our state,” said ARB Chairman Mary D. Nichols.
The inspections are designed to make sure that diesel trucks meet California emissions standards. Failing to conduct these inspections can lead to an increase of toxic diesel particulate matter and smog-forming nitrogen oxides in the air.
As part of the settlement, Service Rock employees responsible for the inspections must attend a mandatory class on diesel emissions within the next year. The company must also provide documentation to ARB that the inspections are being carried out for the next four years. Lastly, Service Rock must ensure all its diesel trucks are up to federal emissions standards for the vehicle model year and are properly labeled with an emission control label.
Per the terms of the settlement, Service Rock will pay $42,000 in penalties; $31,500 will go to the California Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality with the remaining $10,500 to Peralta Community College District to fund emission education classes.
A decade ago, the ARB listed diesel particulate matter as a toxic air contaminant in order to protect public health. Exposure to unsafe levels of diesel emissions can increase the risk of asthma, bronchitis, and other respiratory diseases. California has aggressively worked to cut diesel emissions by cleaning up diesel fuel, requiring cleaner engines for trucks, buses and off-road equipment, and limiting unnecessary idling.
Phosphorus Limit on Dish Soap Starts July 1
In an ongoing effort to improve water quality in lakes, rivers, streams and marine waters, the state of Washington is phasing out the distribution and sale of detergents that contain more than 0.5% phosphorus.
Although the ban on high-phosphorus dishwashing detergents doesn’t take effect statewide until 2010, state legislation brings better water-quality protection this year in two counties—Whatcom and Spokane—where delicate environmental conditions demand immediate action.
The law includes one exception to the 0.5% phosphorus limit: In Whatcom County only, the law allows the sale of single-use packets of automatic dishwasher detergent that contain up to 2.0 grams of phosphorus per packet.
“The work we’ve done in Lake Whatcom highlights the sensitivity of our environment to phosphorus,” said Steve Hood, a water quality engineer at Ecology’s Bellingham office. “Everyone should do what they can to minimize how much phosphorus enters the environment.”
Phosphorus feeds algae blooms, and when algae die, their decay uses up oxygen, choking lakes and streams and suffocating salmon and other aquatic life. Large algae blooms may also result in the need for more treatment of drinking water supplies.
Lake Whatcom, the drinking water source for 87,000 people, is designated as an impaired water body because its oxygen levels are below state water quality standards. Ecology is working to determine how much phosphorus the lake can process and meet state standards for oxygen.
“This law isn’t going to be the single solution to our water quality problems,” Hood said. “Protecting our water from algae growth and oxygen depletion will require a significant change in the way we deal with stormwater. But we can all help by doing our part.”
Many producers of popular dishwashing detergent brands have not yet developed effective phosphorus-free products for automatic dishwashers. But a few detergents are available now that meet the new requirements and larger producers say they are developing new products that will comply with the new restrictions.
The new limits on phosphorus in dishwasher detergent are an extension of low-phosphorus requirements in place for laundry detergent since 1994. While the law establishes limits on phosphorus and deadlines for compliance, it does not provide for enforcement actions.
While the law establishes limits on phosphorus and deadlines for compliance, Richard Grout, manager of Ecology’s Bellingham office, said: “We’re relying on retailers and distributors to do the right thing. And people want clean water, so we anticipate Whatcom County residents will start reading labels to make sure the products on the shelves comply with the law.”
MassDEP Penalizes Boston College $11,860 for Gasoline Dispensing and Hazardous Waste Violations
The Massachusetts Department of Environmental Protection (MassDEP) penalized Boston College $11,860 after a June 2007 inspection of the Chestnut Hill campus found a gasoline dispensing site operating without vapor-recovery equipment. In addition, two of the college’s emergency generators (located at the O’Neill Library and Conte Forum) did not have properly-designed exhaust ventilation stacks. Improper signage was also found at hazardous waste accumulation areas.
Boston College dispensed gasoline from a 1,000-gallon underground storage tank for re-fueling certain maintenance, landscaping and other campus vehicles. The tank was installed, and had been operating, since 1994. Under Massachusetts regulations, vapor-recovery (or so-called Stage II) equipment is required at gas-dispensing sites with capacity of 250 gallons or greater in order to capture and collect volatile organic compounds (VOCs) that emanate during re-fueling.
“Operating gas-dispensing equipment without vapor recovery meant that VOCs were escaping and contributing to the creation of ozone, which can reach unhealthy levels particularly in the summer,” said Richard Chalpin, director of MassDEPs Northeast Regional Office in Wilmington. “MassDEP is working to reduce these and other sources of pollutants that lead to the creation of ozone, and Boston College, to its credit, recognizes these types of violation are not acceptable and has taken immediate steps to correct it.”
Boston College has ceased dispensing gasoline on-site and has agreed to remove the underground storage tank by no later than September 1, 2008. In addition, the generator exhaust stacks have been re-designed to be in compliance, and the signage at hazardous waste accumulation areas has been corrected.
MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.
Washington to Update Industrial Stormwater Permit
Ecology won’t finalize the draft industrial stormwater general permit that it offered for public review in November 2007. The move is based, in part, upon public comments the agency received. Additionally, Ecology faces a significant budget shortfall in the permit fee account that funds much of its water quality protection work, including supporting and administering this permit.
While a new permit is in development, the protections under the existing permit will remain in effect.
Ecology has convened a work group to help it address the permit-fee revenue shortfalls. The agency is also looking at more cost-effective methods to administer this and other permits designed to protect water quality.
While the permit applies statewide, Ecology will coordinate the development of the updated version with deadlines in the Puget Sound Partnership’s 2020 Action Agenda due in December and the legislative directive that industrial permits meet specific compliance objectives by May 2009.
The Action Agenda provides the opportunity for early deliverables for Puget Sound, such as innovative pilot projects. The legislative deadline mandating industries’ compliance with certain water quality measures adds incentive for progress on a complex and contentious permit.
“We are interested in a smart, compact process that quickly gets us an updated permit that works for industries and achieves real-world, on-the-ground improvements for water quality,” said Kelly Susewind, interim manager of Ecology’s water quality program.
“This permit is one piece of a broader solution to reduce and prevent stormwater, which is the state’s largest source of urban water pollution,” Susewind added.
Ecology will take near-term steps under the existing permit—for example, through training and enforcement, to help industries improve their water pollution controls.
Ecology is required by the federal Clean Water Act to update permits every five years. The industrial stormwater general permit regulates industrial facilities that discharge stormwater into surface waters and into storm sewers that lead to Puget Sound and Washington’s rivers and major lakes. It covers a wide array of industry sectors, including lumber, paper, printing, chemicals, petroleum, leather, stone, metals, ships, landfills, transportation, mills, and food.
Under the permit system guided by the federal Clean Water Act, permitted entities must monitor and report the pollution levels in their discharges. The discharges must fall within limits set by the permit. If they don’t, the permitted entity must implement additional pollution controls. Along with issuing permits, Ecology inspects permitted facilities and entities, follows up on permit violations, and provides technical assistance or enforcement if necessary.
After entities apply for and receive a permit, they pay an annual fee to the Department of Ecology to maintain coverage. Permit fees range in cost depending on acreage, type of permit and other factors.
Approximately 70% of industrial stormwater general permit holders discharge stormwater in the 12 counties that border Puget Sound. Approximately 1,150 industrial facilities across the state have this permit.
Ecology revised this permit and issued a draft permit for public review in November 2007. Most recently, Ecology had been on track to issue a final permit in April 2008.
The current permit expires May 31, 2008. Existing permit holders will remain covered in the interim. New applicants should submit their applications to Ecology as usual. The current permit still applies to all facilities that are covered by the permit prior to May 31, 2008.
Coffee Roaster Fined $2,000 for Air Violations
Red Barn Coffee Roasters, Inc., which operates a coffee roasting operation in Upton, Mass., has agreed to pay the Commonwealth of Massachusetts an administrative penalty of $2,000 for violating Air Pollution Control regulations.
During a routine inspection conducted by MassDEP personnel in March of 2006, it was determined that the roasting operation emitted white visible smoke in excess of allowable limits. A Notice of Noncompliance was subsequently issued to the company that April. A follow-up inspection was conducted in November of 2006 and visible white smoke in excess of allowable limits was again observed.
In a recently finalized consent order, the company agreed to comply with applicable regulations and pay the $2,000 administrative penalty.
“Smoke is a particulate and a regulated pollutant that has the potential to cause health impacts, especially for those with sensitive respiratory systems,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester.
New, More Protective Minnesota Air Quality Standards Started May 1
Each spring the Minnesota Pollution Control Agency (MPCA) reminds citizens that April marks the start of the ozone pollution season. In recent years, very few pollution health alerts in Minnesota were called due to ozone levels—most have been caused by fine particle pollution. This year, however, may be different.
On March 13, 2008, the U.S. EPA significantly lowered the ozone standards to be more protective of human health. New, more protective fine particle pollution (PM2.5) standards will also be adopted. Both new stricter standards go into effect May 1, which coincides with EPA’s Air Quality Awareness Week, running from April 28 through May 2.
Sensitivity to ozone varies, but elevated levels can cause irritation to eyes, nose and throat, and make breathing difficult even in healthy people. High ozone levels can trigger respiratory problems such as asthma and chronic bronchitis attacks in those who already suffer these diseases. Fine particle pollution causes similar problems and irritations as ozone, but also can trigger cardiovascular and heart problems for individuals with these existing health issues.
“Our air in Minnesota is cleaner than it was 20 years ago,” said Rick Strassman, the MPCA’s air monitoring supervisor. “But the stricter standards, improved monitoring equipment and subsequent air alerts may make people think otherwise.”
The MPCA uses the EPA’s color-coded Air Quality Index (AQI) with a 0-500 scale, to convey air quality readings to the public. Air alerts are triggered at 101 (orange) which reaches the “unhealthy for sensitive groups” category. Sensitive groups include senior citizens, young children, anyone with respiratory or heart problems and anyone who exercises strenuously.
These groups should take it easy and reduce the intensity and duration of physical activities during an alert—walk, don’t run, for example. Because ozone is scrubbed out by air conditioning, exercising in an air conditioned environment is preferable to exercising outside during ozone alerts. However, fine particle pollution will not be reduced by air conditioning and indoor levels can be the same or higher than outdoors.
“Every year more medical and scientific studies reveal greater health dangers at lower levels of pollution,” Strassman said. “This year there will be more alerts in Minnesota because the standards have been changed to be more protective. The new AQI measurement of 101 for ozone would have been equal to an AQI of 77 with the old guidelines. The new fine particle threshold to trigger an air health alert would have equaled about 88 with the old guidelines.”
Ozone, a colorless and odorless gas, is created when volatile organic compounds (VOCs) mix with nitrogen oxides in hot sunny weather. In Minnesota, that means the ozone season runs April through September. VOCs and nitrogen oxides (and fine particle pollution) are emitted when fossil fuels are burned. Fumes from chemicals and petroleum products can emit VOCs, too. Wood smoke also contains particle pollution.
To reduce ozone and fine particle pollution, citizens can help by reducing electricity use, driving and idling less, refueling vehicles after 8 p.m., limiting the use of paints and solvents, and cutting back on recreational fires. Surprisingly, small gas engines such as gas-powered lawn mowers emit more VOCs per hour than a modern car, because they lack pollution control technology. Consider mowing less often, replacing grass with annuals, or using reel or electric mowers.
Pennsylvania Offers Business Energy Management Workshop
Pennsylvania’s Department of Environmental Protection (DEP) will provide a free workshop in Chester County to help business owners find ways to reduce soaring energy costs. The workshop will be held from 8 a.m. to 12 p.m., May 6, at Penn State’s Great Valley Campus, 30 E. Swedesford Road, Malvern.
DEP Secretary Kathleen A. McGinty said the workshop will help employers of all sizes improve energy conservation and efficiency practices in order to improve their bottom line.
“The high costs of fuel and electricity are affecting us all,” McGinty said. “These increases are driving up the cost of doing business for companies of all sizes. That puts pressure on their bottom lines, makes it more difficult to grow and create jobs, and, ultimately, pushes up the prices for consumers.
“We’re providing an opportunity for businesses to see that there are steps they can take to reduce their energy costs. Many times, these can be simple, inexpensive measures that generate a quick and sizable return on investment.”
Although open to the public and businesses of all sizes, the workshops will focus on small- and medium-sized businesses—or those with fewer than 100 employees. Typically, these companies do not have the resources to employ or retain an energy management expert.
Business owners will receive information on energy-supply options, and learn how to identify energy-saving opportunities and develop an energy action plan.
The workshop will also offer attendees information on financial and technical resources that are available for energy-efficiency upgrades, including easily implemented, cost-effective changes for manufacturing facilities.
Registration for the workshops is free, and the session is open to the public. Similar workshops are being held statewide this spring.
The workshop is sponsored by DEP’s Office of the Small Business Ombudsman in partnership with the Electrotechnology Application Center, the Pennsylvania Technical Assistance Program and the Sustainable Business Network of Greater Philadelphia. Funding for the Energy Management Workshop is provided through a U.S. Department of Energy grant.
DEP’s Office of the Small Business Ombudsman provides assistance to small businesses needing help with environmental issues and helps owners realize the potential cost savings of pollution-prevention and energy-conservation strategies. For more information or to request a registration form, contact DEP at 717-783-8411.
Illinois EPA Takes Action against Chicago Plating Company
Illinois’ Environmental Protection Agency (EPA) Director, Doug Scott, has asked the Illinois Attorney General’s office to proceed with enforcement action against James L. Mazzochi, doing business as Chicago Plating Company, Inc., for numerous violations of the Environmental Protection Act relating to the improper handling of hazardous wastes. The Agency believes that the site poses a substantial danger to human health and the environment.
The Chicago facility, is located in a residential neighborhood and the Illinois EPA has determined that it is not being maintained in a safe manner, and is concerned about the potential of fire, explosion, or the release of hazardous waste into the environment. Chicago Plating ceased operation in late 2007, but numerous containers of hazardous waste remain in buildings and on facility property.
After twice being refused access to the facility, on March 28, 2008, the Illinois EPA, accompanied by Cook County law enforcement officials, inspected the facility pursuant to an Administrative Inspection Warrant. During the inspection, numerous unlabeled drums, which were suspected to contain hazardous wastes, were found, as well as pails containing unidentified materials and other potential sources of contamination. Subsequent sample results confirmed the presence of hazardous levels of cadmium, chromium, lead, selenium and reactive cyanide.
The Illinois EPA also requests, due to the seriousness of the situation and the risk of human endangerment, and Mazzochi’s apparent unwillingness to take the necessary steps to remedy the situation, that the Attorney General file complaint seeking a preliminary injunctive relief. The Agency will continue to work with the Illinois Attorney General to obtain information necessary to determine the proper course of action and will provide technical assistance as needed.
$2 Million Penalty for Chainsaws that Failed to Meet Clean Air Act Standards
A Taiwanese manufacturer and three American corporations will pay a $2 million civil penalty for allegedly importing and distributing approximately 200,000 chainsaws in the U.S. that failed to meet federal air pollution standards, the Justice Department and Environmental Protection Agency announced. The companies also agreed to spend approximately $5 million on projects to reduce air pollution.
The settlement resolves violations of the Clean Air Act by MTD Southwest of Tucson, Ariz., its parent company, MTD Products of Cleveland, Ohio, Jenn Feng Industrial Company of Taiwan, and its subsidiary, McCulloch Corp. of Santa Fe Springs, Calif. Jenn Feng manufactured the engines for sale in the U.S. and McCulloch obtained certificates of conformity from EPA for the engines. MTD Products/MTD Southwest purchased the engines from Jenn Feng and imported and distributed the engines to the U.S.
“In addition to securing a significant civil penalty, today’s settlement more than compensates the environment for the illegal emissions caused by these violations,” said Ronald J. Tenpas, Assistant Attorney General of the Environment and Natural Resources Division. “The settlement requires the companies to reduce nearly four times the estimated excess hydrocarbon emissions resulting from the violations, as well as reducing approximately 13,000 tons of other air pollutants.”
“EPA will continue to enforce the Clean Air Act and stop illegal imports,” said Granta Y. Nakayama, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Reliable and effective pollution control systems are essential to protect human health and the environment from harmful emissions from non-road engines.”
The settlement involves the largest civil penalty for violations of federal air pollution emissions standards for engines in “non-road” equipment. These engines are used in a variety of equipment, including chain saws, lawnmowers, trimmers, and blowers.
More than 100,000 of the chainsaws were sold to consumers at Sears, McCulloch, and Troy-Bilt retail outlets. EPA estimates that these chainsaws will emit approximately 268 tons of excess hydrocarbons into the environment over their lifetime.
In addition to the penalty, the companies will conduct the following projects to reduce air pollution to remedy the impact of the alleged violations. These projects are expected to reduce more than the excess emissions resulting from the violations:
Install streetlights with light-emitting diodes (LED) in selected cities to reduce greenhouse gas emissions by about 11,460 tons and reduce energy consumption; Install low-permeable fuel lines in at least 1 million engines used in lawn and garden equipment to reduce hydrocarbon emissions by about 1,000 tons; and Purchase nitrogen oxides emissions allowances and surrender them to EPA to prevent about 1,470 tons of NOx emissions represented by those allowances from ever entering the environment.
The settlement also requires that the companies prevent future violations by implementing rigorous plans to ensure that all imports meet emissions and design standards. Under the settlement, the importers will randomly sample imported engines and test for compliance with air standards. The settlement also requires the companies to set up compliance hotlines that will allow people to submit confidential, anonymous information about each company’s compliance with the non-road regulations. The companies are required to export from the U.S. any illegal chainsaws that have not yet been sold.
The government’s complaint alleges that the chainsaw engines did not conform to specifications provided by McCulloch in its applications for certification. McCulloch’s applications claimed that the 2006 model year engines would be built with catalytic converters to control air pollution and meet air emissions standards. The complaint also alleges that a number of 2005 model year chainsaws did not conform to the specifications in the certification application.
MTD notified EPA regarding the potential violations. During the subsequent investigation, EPA discovered that the 2006 model year engines were built without catalytic converters and did not meet federal emissions requirements.
In 1995, EPA established regulations to reduce emissions of hydrocarbons from small gasoline powered non-road engines. To obtain a certificate of conformity from EPA, a manufacturer must submit an application to EPA that describes the engine and its emission control system, and that demonstrates that the engines will meet federal emissions standards for nitrogen oxides and total hydrocarbons.
Non-road engines emit volatile organic compounds and nitrogen oxides, which contribute to the formation of ground-level ozone, or smog. Exposure to even low levels of ozone can cause respiratory problems, and repeated exposure can aggravate pre-existing respiratory diseases.
In addition to this settlement, EPA has imposed nearly $2.4 million in fines during the past 18 months against more than 58 importers for engines that failed to have required certification or emission controls. Without the proper controls, engines can emit 30% more pollution than allowable under EPA standards.
Used Oil and Lead Acid Battery Violations Result in Almost $1 Million Penalty
The New Mexico Environment Department issued two administrative compliance orders with civil penalties of $985,254 to Chava Trucking in the South Valley of Albuquerque for violating state hazardous waste and water quality protection regulations. The company violated those regulations by improperly managing lead-acid batteries and used oil that led to releases of contaminants to the environment. The Chava Trucking Facility is owned by Salvador and Patricia Guzman.
The company hauls construction debris and other materials. “The company’s violations reveal a total disregard for hazardous waste management and water quality protection rules and pose a direct threat to groundwater in Albuquerque’s South Valley,” said State Environment Department Spokeswoman Marissa Stone. “Chava Trucking has an obligation to residents and the state to ensure its wastes are properly managed.”
The company violated state hazardous waste management and water quality protection rules intended to protect the health of New Mexico residents and the environment.” The department assessed a civil penalty of $581,000 to Chava and the Guzmans for violations of the New Mexico hazardous waste management regulations, including failure to properly manage thousands of gallons of used oil and hundreds of waste lead-acid batteries and failure to determine the hazardous characteristics of a number of unknown wastes.
In addition, Chava and the Guzmans were assessed a civil penalty of $404,254 for violations of the New Mexico’s water quality regulations, including failure to notify the department of the discharge of petroleum hydrocarbons and water contaminants from its facility and failure to report on cleanup measures and submit abatement plan proposals. In addition to the civil penalties, the orders require Chava and the Guzmans to remove the used oil and waste batteries from the site and submit plans for investigating the nature and extent of environmental contamination and abate the contamination.
The hazardous waste order also places limits on future accumulation of used oil and waste batteries allowed at the facility. The department discovered the violations during unannounced inspections of the Chava Trucking facility between 2004 and 2007 as a result of the work of NMED and the Mountain View Neighborhood Association joint Environmental Task Force. That joint Task Force was established in 2004 to identify environmental concerns and provide environmental justice in the South Valley through the enforcement of environmental regulations in the area.
Chava has 30 days to respond to the compliance orders by requesting a settlement conference or a hearing. For more information, call Marissa Stone at 505-827-0314 or 505-231-0475.
Maine Company Receives $157,500 Fine for SPCC Violations
A Maine company that owns and operates six oil storage and distribution facilities in Stonington and Deer Isle faces up to $157,500 in EPA fines for allegedly failing to adequately plan for and guard against oil spills, in violation of the federal Clean Water Act and Oil Pollution Prevention Regulations.
An EPA administrative complaint alleges that R.L. Greenlaw & Son, Inc. failed to adequately prepare and implement Spill Prevention, Control and Countermeasures plans at two of its Stonington facilities ().
Spill prevention and control laws help ensure that a tank failure or spill does not lead to oil being released into surface waters, such as harbors, rivers or streams. The regulations require that certain spill prevention and response measures be implemented at facilities that store oil above threshold amounts. Both R.L. Greenlaw oil storage facilities are located directly adjacent to Penobscot Bay, thus posing a threat to the Bay if spills were to occur.
An inspection by EPA’s New England office and the Maine Dept. of Environmental Protection (MEDEP) of the Sea Breeze Avenue and Indian Point Road oil storage facilities in Stonington found that R.L. Greenlaw had failed to fully implement adequate SPCC plans for the two sites. In particular, the company failed to maintain sufficiently impervious secondary containment for its oil tanks at both locations and failed to construct adequate containment for the loading and off-loading areas at the Sea Breeze Avenue facility, which are adjacent to the harbor. The two facilities also lacked fencing, which is required by the EPA regulations to prevent unauthorized access to oil storage containers.
“Oil spills can do significant damage to the environment, including to surface waters which provide habitat for fish and wildlife, said Robert Varney, regional administrator of EPA’s New England office. “EPA will continue to ensure that oil-handling facilities take the correct steps to minimize risks of oil spills.”
Following EPA’s inspection and contacts with the company, R.L. Greenlaw has been responsive to EPA’s requests to bring the Stonington facilities into compliance with the Oil Pollution Prevention regulations, and is working with an engineering company to update its SPCC plans. R.L. Greenlaw has recently inspected its Sea Breeze Avenue tanks and conducted liquid-tightness testing of the dike to identify leaks. The company has submitted a corrective action plan for both facilities, which includes repairs to the tank dikes and construction of poured concrete containment areas for the Sea Breeze Avenue oil transfer areas.
EPA continues to focus on oil spill prevention in New England. In 2007, EPA conducted inspections at over 100 facilities in New England to determine their compliance with the Oil Pollution Prevention regulations.
EPA Files Complaint against Johnson Laminating and Coating for Hazardous Waste Violations
EPA filed a complaint against Johnson Laminating and Coating, Inc. for hazardous waste management violations at its facility in Carson, CA.
“The violations found at the Johnson Laminating facility are significant and if left uncorrected could lead to serious harm to the workers and the surrounding environment,” said Rich Vaille, the EPA’s Waste Management Division associate director for the Pacific Southwest region. “Today’s action sends a message to the regulated community that the EPA is committed to aggressively enforcing safe hazardous waste handling requirements.”
During a routine inspection in January 2007, the EPA discovered that Johnson Laminating:
- Stored hazardous waste without a permit;
- Failed to close hazardous waste containers;
- Failed to maintain a complete contingency plan; and
- Failed to maintain adequate aisle space.
Johnson Laminating has stored hazardous waste longer than the 90-day limit required by federal and state regulations. The EPA has not received confirmation that Johnson Laminating has corrected the violations found during the inspection. The company faces fines up to $32,500 per day per violation if it fails to comply.
The EPA’s hazardous waste rules require facilities to close hazardous waste containers to prevent accidental release, which would pose a risk to workers and the environment. A complete contingency plan assists workers and emergency responders in the event of an emergency.
Johnson Laminating develops and manufactures flexible laminations and coatings technologies for various industrial markets, and its hazardous waste includes solvents.
