EPA to Reject TSCA Confidentiality Claims

EPA has announced a new policy to increase the public’s access to information on chemicals. Effective immediately, EPA will reject a certain type of confidentiality claim, known as Confidential Business Information (CBI), on the identity of chemicals. The chemicals that will be affected by this action are those that are submitted to EPA with studies that show a substantial risk to people’s health and the environment and have been previously disclosed on the Toxic Substances Control Act (TSCA) Chemical Inventory. This action represents another step to use the agency’s authority under the existing TSCA to the fullest extent possible, recognizing EPA’s strong belief that the 1976 law is both outdated and in need of reform.

“Assuring the safety of chemicals is one of Administrator Jackson’s top priorities for EPA’s future,” said Steve Owens, assistant administrator for EPA’s Office of Prevention, Pesticides, and Toxic Substances. “The American people are entitled to transparent, accessible information on chemicals that may pose a risk to their health or the environment. We will continue taking steps that increase transparency and assure the safety of chemicals in our products, our environment and our bodies.”

Under TSCA, companies may claim a range of sensitive, proprietary information as CBI. Under Section 8(e) of TSCA, companies that manufacture, process, or distribute chemicals are required to immediately provide notice to EPA if they learn that a chemical presents a substantial risk of injury to health or the environment. The Section 8(e) reports are made available on EPA’s Web site. However, prior to EPA taking this action, companies would routinely claim confidentiality for the actual identity of the chemical covered by the Section 8(e) submission, so the public posting of the information would not include the name of the chemical. The new policy ends this practice for chemicals on the public portion of the TSCA Inventory. This new policy will increase the amount of information available by granting the public access to the chemical identification information submitted, along with other health and safety data under Section 8(e).

EPA’s new policy on TSCA Section 8(e) submissions will be published soon in the Federal Register.  In the coming months, EPA intends to announce additional steps to further increase transparency of chemical information.

EPA Proposes to Strengthen Ozone NAAQS

The regulatory sections affected by this proposed rule are 40 CFR Parts 50 and 58. 

EPA is taking this action based on its reconsideration of the primary and secondary NAAQS for Ozone established in March 2008, EPA proposes to set different primary and secondary standards than those set in 2008 to provide requisite protection of public health and welfare, respectively. With regard to the primary standard for Ozone, EPA proposes that the level of the 8-hour primary standard, which was set at 0.075 ppm in the 2008 final rule, should instead be set at a lower level within the range of 0.060 to 0.070 ppm, to provide increased protection for children and other at risk populations against an array of Ozone-related adverse health effects that range from decreased lung function and increased respiratory symptoms to serious indicators of respiratory morbidity including emergency department visits and hospital admissions for respiratory causes, and possibly cardiovascular-related morbidity as well as total non-accidental and cardiopulmonary mortality. With regard to the secondary standard for Ozone, EPA proposes that the secondary Ozone standard, which was set identical to the revised primary standard in the 2008 final rule, should instead be a new cumulative, seasonal standard expressed as an annual index of the sum of weighted hourly concentrations, cumulated over 12 hours per day (8 a.m. until 8 p.m.) during the consecutive 3-month period within the Ozone season with the maximum index value, set at a level within the range of 7 to 15 ppm-hours, to provide increased protection against Ozone-related adverse impacts on vegetation and forested ecosystems.

Three public hearings are scheduled for this proposed rule. Two of the public hearings will be held on February 2, 2010 in Arlington, Virginia, and Houston, Texas. The third public hearing will be held on February 4, 2010 in Sacramento, California. Additionally, written comments on this proposed rule must be received by March 22, 2010. 

Waste Management Considerations for 2009 H1N1 Flu

The overall waste management approach remains the same as for other flu-related waste. Topics addressed on EPA’s Website concerning the management of H1N1 flu wastes include:

• How are influenza viruses thought to be spread from person to person?
• What 2009 H1N1 flu-related waste may be generated?
• Does EPA have any specific waste management protocols for 2009 H1N1 flu?
• In general, how should waste disposal be handled to prevent the spread of 2009 H1N1 flu in a healthcare, home, school or business setting?
• What guidance has CDC issued that discusses waste management considerations involving 2009 H1N1 flu?
• What disinfectants has EPA registered to use for 2009 H1N1 flu?
• How can I stay current with the latest EPA and other federal guidance issued involving 2009 H1N1 flu?

The consistent use of current standard precautions when handling waste contaminated by 2009 H1N1 or seasonal flu will be effective in protecting employees and the public.

Companies Call for Comprehensive Climate and Energy Legislation

 We Can Lead advocates passing strong energy and climate legislation that includes a price on carbon to spur American innovation, unleash U.S. investment, create millions of new jobs, restore America’s competitiveness, and provide for economic and national security.

More than 80 leading CEOs from U.S. businesses, including Exelon, Virgin America, NRG Energy, eBay, and PG&E, recently sent a letter to President Obama and members of Congress calling on them to move quickly to enact comprehensive climate and energy legislation that will create jobs and enhance U.S. competitiveness.

Saying that the U.S. is “falling behind” in the global clean energy race, the letter calls for forceful leadership to achieve legislation that will unleash innovation, drive economic growth, boost energy independence, and decrease carbon emissions. The letter was published just one week before President Obama delivers his State of the Union address on January 27th.

“American businesses recognize this challenge and have already begun to respond and innovate. However, today’s uncertainty surrounding energy and climate regulation is hindering the large-scale actions that American businesses are poised to make,” the letter states. “We need strong policies and clear market signals that support the transition to a low-carbon economy and reward companies that innovate. It is time for the Administration and Congress to embrace this policy as the promising economic opportunity that will empower American workers to compete and American entrepreneurship to lead the way.”

The letter was signed by 83 CEOs from some of the nation’s largest electric power, manufacturing, clean tech, technology, and consumer facing companies. 

“The United States can’t afford to fall behind in the global race to lead the new energy economy,” said Jonathan Wolfson, CEO of Solazyme, a leading renewable oil and bioproducts company. “American businesses have a history of leadership and innovation and are poised to do that in a new clean energy economy.”

“Power companies need and want to be part of America’s clean energy transition,” said David Crane, president and CEO of NRG Energy Inc., which owns and operates more than 24,000 megawatts of electricity generation capacity in the U.S. “But we need the certainty of clear rules and strong policies that will help us invest in that transition while also addressing climate change and keeping power affordable.”

“The same inventive solutions that will help the environment will also help move the airline industry forward,” said David Cush, president and CEO of Virgin America, a U.S. commercial passenger airline. “Big challenges have historically propelled more innovation and greater efficiencies. Strong climate and energy policies can be that challenge—one from which we will all emerge stronger.”

“Smart businesses can only do so much on their own to address climate change,” said Stonyfield Farm CEO, Gary Hirshberg. “At this point, the rules need to change: there needs to be a price or tax on carbon. This incentive for genuine innovation needs to be firmly in place in order for the U.S. to compete effectively in the global race to a clean energy economy.”

Peter A. Darbee, Chairman, CEO, and President of PG&E Corporation said, “As the country looks to ways to support job creation, promote economic growth, and improve energy and national security, it’s clear to leading businesses that smart, sensible energy and climate policies can and should be part of the solution. We are asking leaders to recognize this opportunity and make it a reality.”

We Can Lead is a partnership of the Clean Economy Network, Inc., and Ceres’ Business for Innovative Climate and Energy Policy (BICEP).

Business and Environmental Leaders Release Blueprint for Climate Protection Legislation

 

The Blueprint document echoes the sense of urgency that President Obama has articulated regarding the need for a cap on greenhouse gas (GHG) emissions. Developed through two years of intensive analysis and consensus-building among 26 corporations and five environmental organizations, the Blueprint offers policymakers a clear path forward endorsed by a coalition representing a broad swath of the economy and diverse environmental interests.

“In the past, the U.S. has proven that we have the will, the capabilities and the courage to invest in innovation—even in difficult times,” said Jeff Immelt, Chairman and CEO of GE. “Today, cap-and-trade legislation is a crucial component in fueling the bold clean energy investments necessary to catapult the U.S. again to preeminence in global energy and environmental policy, strengthen the country’s international competitiveness, and create millions of rewarding new American jobs.”

USCAP believes that strong climate legislation is a critical element of any effort to stimulate investment and innovation in low-carbon technologies. The Blueprint provides specific guidelines for the Administration and Congress to enact legislation that both protects the environment and facilitates the necessary transition to a vibrant, low-carbon economy. That includes reducing GHG emissions by 80% of 2005 levels by 2050 through an economy-wide cap-and-trade program.

“The health of our economy and the safety of our climate are inextricably linked, except nature doesn’t do bail-outs,” noted Jonathan Lash, President of the World Resources Institute. “USCAP has redefined what is possible. If the diverse membership of USCAP can find common ground, Congress can agree on effective legislation.”

USCAP has noted that every year of delay in controlling emissions increases the risk of unavoidable consequences that could necessitate even steeper GHG reductions in the future, at substantially greater economic cost and social disruption.

The Blueprint details steps for creating a mandatory, economy-wide cap-and-trade program, coupled with cost containment measures and complementary policies addressing a federal technology research development and deployment program, coal technology, transportation, and building and energy efficiency.

Expanding significantly on USCAP’s 2007 groundbreaking Call for Action, the Blueprint includes an aggressive emission reduction schedule, further details on the scope of coverage for the cap-and-trade program, and recommendations for how to include as much of the U.S. economy under the cap as administratively and politically feasible.

Highlights from the Blueprint include:

• Requiring an 80% emissions reduction below 2005 levels by 2050: National climate legislation should include aggressive emission reduction targets that can be achieved at manageable costs to the economy. The targets and timetables in the Blueprint are consistent with the schedule proposed by President Obama.
• Allowing the ample use of offsets to manage program costs: Offsets should be used to help meet compliance obligations and should be environmentally additional, verifiable, permanent, measurable, and enforceable. Other cost containment measures to limit price spikes and volatility are detailed in the Blueprint.
• Using the value of emissions allowances to protect consumers and businesses while advancing climate program goals: USCAP believes the distribution of allowance value should facilitate the transition to a low-carbon economy for consumers and businesses, provide capital to support new low- and zero-GHG-emitting technologies, and address the need for humans and the environment to adapt to climate change. A significant portion of allowances should be initially distributed to capped entities and particularly disadvantaged economic sectors. The Blueprint identifies principles to guide the fair and equitable allocation of allowance value to mitigate costs to consumers and impacted sectors of the economy.
• Creating incentives for technology development and deployment: In addition to outlining the design and function of a cap-and-trade system, the Blueprint details complementary measures for coal, technology transformation, transportation, and buildings and energy efficiency that are needed to facilitate rapid technology transformation and to ensure that actual reductions in emissions occur across the economy. These measures are presented as necessary components of the cap-and-trade recommendations.

USCAP Members include the following organizations: Alcoa, AIG, Boston Scientific, BP America, Caterpillar, Chrysler, ConocoPhillips, John Deere, Dow, Duke Energy, DuPont, Environmental Defense Fund, Exelon, Ford, FPL Group, GE, GM, Johnson & Johnson, Marsh, Natural Resources Defense Council, The Nature Conservancy, NRG Energy, PepsiCo, Pew Center On Global Climate Change, PG&E, PNM Resources, Rio Tinto, Shell, Siemens, World Resources Institute, and Xerox.

Two Major CAA Settlements to Reduce Air Emissions from Container Glass and Portland Cement Plants throughout the Country

The United States has filed two major Clean Air Act (CAA) settlements to reduce air emissions from container glass and Portland cement plants throughout the country. The settlements cover 15 U.S. plants owned by Saint-Gobain Containers, Inc., the nation’s second largest container glass manufacturer, and all 13 U.S. plants owned by the Lafarge Company and two subsidiaries, the nation’s second largest manufacturer of Portland cement. These settlements are the first system-wide settlements for these sectors under the CAA and require pollution control upgrades, acceptance of enforceable emission limits, and payment of civil penalties.

The facilities are estimated to reduce a combined 41,000 tons of sulfur dioxide (SO2), nitrogen oxides (NOx), and particulate matter (PM) each year. SO2, NOx, and PM can trigger respiratory difficulties and asthma, and environmental harms such as acid rain, visibility impairments, and water quality impacts.

These settlements are part of the federal government’s focus on improving compliance among industries that emit significant amounts of illegal air pollution, including cement manufacturing, glass manufacturing, acid production, and coal-fired power. The settlements also reflect the seven key themes EPA Administrator Lisa P. Jackson outlined recently to guide EPA’s work. Installing tough new controls and technology at these facilities will greatly reduce air pollution in the communities that are downwind of the facilities covered by the settlements. The settlements also build on strong state partnerships as 17 states and two local air control agencies are joining in the settlements.

Saint-Gobain Containers, Inc., of Muncie, Indiana, has agreed to install pollution control equipment at an estimated cost of $112 million to reduce emissions of NOx, SO2, and PM by approximately 6,000 tons each year. Saint-Gobain has agreed to implement pollution controls, including the installation of the first-ever selective catalytic reduction (SCR) system at a container glass plant in the U.S. Saint-Gobain will also install continuous emission monitoring systems (CEMS) at all of their glass plants. The settlement covers 15 plants in 13 states. Two of the 15 plants have been closed by Saint-Gobain for independent business reasons.

In the complaint filed concurrently with the settlement, the federal government along with 10 state and two local governments allege that the company constructed new glass furnaces or modified existing ones over the course of two decades without first obtaining pre-construction permits and installing required pollution control equipment. The alleged violations were discovered after an EPA investigation that included inspections, file reviews, information requests, and the review and analysis of data obtained from the company. The CAA requires major sources of air pollution to obtain such permits before making changes that would result in a significant increase in emissions of any pollutant.

Lafarge North America, Inc., based in Herndon, Virginia, and two of its subsidiaries have agreed in a consent decree filed in federal court in Benton, Illinois, to install and implement control technologies at an expected cost of up to $170 million to reduce emissions of NOx by more than 9,000 tons each year and SO2 by more than 26,000 tons per year at their cement plants.

In addition, as part of the settlement, Lafarge has agreed to pay a $5 million civil penalty to resolve alleged violations of the CAA’s new source review regulations. Of the $5 million civil penalty, Lafarge will pay $3.4 million to the United States and $1.7 million to the 13 participating states and agencies.

Lafarge has agreed to install the first-ever SCR system at a cement plant in the United States. In addition, Lafarge has also agreed to install seven selective non-catalytic reduction (SNCR) systems at long dry cement kilns. This is among the first application of this technology to this type of kiln in the United States. Lafarge will also install CEMS at all of their cement kilns.

In the complaint filed concurrently with the settlement, the United States alleged that Lafarge and its subsidiaries, or their predecessors, modified one or more of each of their facilities without first obtaining pre-construction permits and installing required pollution control equipment as required by the CAA. These violations were discovered as a result of EPA investigations and review of company submitted data. The states and agencies joining in the settlement have made similar allegations in their complaint, which is filed separately.

 

WM Recycle America Adopts Responsible Recycling Program for Electronic Waste Recycling

Waste Management, Inc., the largest waste services and recycling company in North America, recently announced that its subsidiary WM Recycle America is implementing the Responsible Recycling (R2) Program for electronics recyclers. The R2 Program establishes a set of accepted practices that helps protect the environment and workers’ health and safety during the handling of e-waste, provides the ability for third parties to monitor activity, and offers greater transparency in the fast-growing electronics recycling sector.

EPA facilitated the development of the R2 Program which included representatives from the federal and state governments, electronic manufacturers, electronic refurbishing and recycling professionals, and trade associations. The certification of the program is accredited by the ANSI-ASQ National Accreditation Board (ANAB).

Older electronics may contain potentially harmful materials such as lead, mercury, and cadmium but may also contain valuable materials that can be reclaimed in new devices. To ensure proper handling of this e-waste, the R2 program requires participating companies to implement an environmental, health, and safety management system that tracks materials and minimizes emissions and worker exposure during electronics recycling operations. Certified recyclers must also obtain documentation from foreign governments prior to shipping certain materials abroad. Companies must exercise due diligence to ensure safe and accountable handling of e-waste throughout the recycling chain, both domestic and international.

“Electronic waste is one of the fastest growing commodities in the waste stream, and many consumers, retailers and manufacturers want to ensure their discarded electronics are handled safely and responsibly,” said Patrick DeRueda, president of WM Recycle America. “Waste Management has rigorous internal standards around the safe processing of e-waste, and by implementing the R2 protocols we are able to further demonstrate our commitment to leading the way in responsible environmental and safety practices.”

Waste Management’s Minneapolis eCycling facility is one of the first facilities in the industry to be certified to the R2 Program standards and the company is in the process of certifying all of its electronics recycling facilities.

WM Recycle America’s adoption of the R2 standards is a continuation of the company’s dedication to stringent e-waste processing standards. In 2002, the company developed and published its own electronics recycling stewardship pledge to protect workers and the environment. In 2008, WM Recycle America reinforced its own corporate standards by becoming a Founder of the Basel Action Network’s (BAN) E-Stewards Program.

To encourage consumers to dispose of electronic devices in an environmentally sound manner, in 2007 WM Recycle America established a nation-wide network of drop-off locations and has joined forces with Sony Electronics and LG Electronics USA on comprehensive programs for consumers to recycle their old Sony, LG, Zenith, and GoldStar branded devices at no cost.

Joining the R2 Program supports Waste Management’s ongoing sustainability program, particularly to meet its target of recycling 20 million tons of material by 2020.

WM Recycle America is a subsidiary of Waste Management and is the largest residential recycler in North America. WM Recycle America’s business lines include processing many types of consumer-generated recyclables and finding the best markets for the recyclable commodities produced. In its capacity of providing processing and marketing services, WM Recycle America offers a wide variety of recycling options for municipal, manufacturing, Commercial, and residential customers. 

EPA to Update Effluent Limitations Guidelines for Steam Electric Power Plants

EPA establishes national technology-based regulations, called effluent guidelines, to reduce discharges of pollutants from industries to waters of the U.S. and publicly owned treatment works. These requirements are incorporated into National Pollutant Discharge Elimination System (NPDES) discharge permits issued by EPA and states.

The steam electric effluent guidelines 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, with approximately 500 of these power plants being 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 will address discharges from ash ponds 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.

 

LG Forced to Remove ENERGY STAR Label from Certain Appliances

The U.S. District Court for D.C. upheld the Department of Energy’s (DOE’s) decision to remove the ENERGY STAR label from certain inefficient LG refrigerator-freezer models. As part of its expanded energy efficient enforcement efforts, DOE had taken steps over the past few months to remove the label from these products, which independent testing had shown were consuming significantly more energy than allowed by the ENERGY STAR program.

“The Court has affirmed our efforts to protect consumers and the environment through robust enforcement of our energy efficiency regulations and the ENERGY STAR program,” said Department of Energy General Counsel Scott Blake Harris. “Enhanced energy efficiency is a national priority, and DOE will continue to take aggressive action to ensure manufacturers deliver the energy and cost savings promised to American consumers.”

Throughout the proceedings, DOE maintained the government’s right to enforce the energy efficiency requirements associated with the ENERGY STAR program. DOE cited the need to protect consumers and to eliminate the advantage in the marketplace LG gained from testing its products under an exception to the energy use-test procedures used by other manufacturers.

Study Reveals Gap between Real and Perceived Sustainability in Top North American Brands

The study incorporates both actual measurements on climate change action being undertaken by over 90 companies across North America, and perception measurements of these companies’ actions by consumers. Companies include category leaders such as Coca-Cola, Groupe Danone, Nike, Gap, P&G, L’Oreal, Microsoft, and Amazon.com.

 The perception measurements, meanwhile, were provided by Angus Reid Public Opinion, and include over 2,000 American adults in a random sample.

The companies were grouped by sector, and the results illustrated in “perception / reality” maps. In total, 10 sectors were mapped and across every sector, MapChange showed a disparity between actual sustainability activity of brands, and consumer perception of sustainable activity of those brands. Additionally, some entire sectors emerged as sustainability leaders and others as laggards.

Compared with the inaugural MapChange study in 2008 (which did not involve collaboration with Angus Reid Public Opinion and Climate Counts), brands generally had a higher perceived score among consumers, due to factors such as increased green brand communication, increasing consumer-facing green products, and heightened media attention in sustainable brands.

 

Sixty Corporations Begin Measuring Emissions from Products and Supply Chains

Developed by the World Resources Institute (WRI) and the World Business Council for Sustainable Development (WBCSD), the two new GHG Protocol standards—the Product Life Cycle Accounting and Reporting Standard, and the Scope 3 (Corporate Value Chain) Accounting and Reporting Standard—provide methods to account for emissions associated with individual products across their lifecycles and of corporations across their value chains.

Jonathan Lash, president of WRI, said, “We are encouraged by the overwhelming response from the private sector seeking to road test the new standards. There were more than 120 applications across a broad array of sectors and regions worldwide. The road testing will provide critical input in ensuring that the standards generate credible and meaningful data for business and government decision makers, while considering the practical challenges that businesses and programs will face during implementation.”

“Increasingly, companies are looking beyond their own boundaries and developing strategies to reduce GHG emissions in their supply chains and in the products they make and sell,” added Bjorn Stigson, president of WBCSD. “By taking a comprehensive approach to GHG measurement and management, businesses and policymakers can focus attention on the greatest opportunities to reduce emissions within the full value chain, leading to more sustainable decisions about the products companies buy, sell, and produce.”

While many companies have been measuring the emissions from their own operations and electricity use, the Scope 3 Standard will, for the first time, allow companies to look comprehensively at the impact of their corporate value chains, including outsourced activities, supplier manufacturing, and the use of the products they sell. Roadtesters of the Product Standard will measure the climate change impact of products ranging from magazines, food and jeans to computers, wind turbines and steel.

Ashley Crepiat, environmental footprint and economics manager for Airbus, said, “Managing the transition towards a low-carbon economy is now a true concern for corporations. Airbus understands that beyond reducing its direct GHG emissions from its operations, evaluating emissions throughout the whole value chain is also a major challenge. By road testing GHG Protocol’s Scope 3 Accounting and Reporting Standard, we believe this will help establish harmonized international guidelines enabling a common and robust framework for Scope 3 accounting.”

Michael Kobori, Levi Strauss & Co.’s vice president of Social and Environmental Sustainability, said, “Levi Strauss & Co., is thrilled to be road-testing the GHG Protocol Product Life Cycle Accounting and Reporting Standard. If this method becomes widely accepted, it will enable us to better calculate and share the climate change impact of our products. Being able to credibly measure and communicate that product impact to consumers can unleash the power of the market to address climate change on a global scale.”

The draft standards were developed over the last year through a global, collaborative multi-stakeholder process, with participation from over 1,000 volunteer representatives from industry, government, academia, and nongovernmental organizations. The road testing process will provide real-world feedback to ensure the standards can be practically implemented by companies and organizations from a variety of sectors, sizes, and geographic areas around the world. The final standards are scheduled to be published in December 2010.

Companies participating in the road testing represent 17 countries from every continent and more than 20 industry sectors. The companies include: 3M Company; Acer Inc.; Airbus S.A.S.; AkzoNobel; Alcan Packaging; Alcoa; Autodesk, Inc.; Baoshan Iron & Steel Co., Ltd.; BASF SE; Belkin International; Bloomberg LP; BT Plc; CA, Inc.; Coca-Cola Erfrishungsgetranke AG; Colors Fruit SA (Pty) Ltd.; Deutsche Post AG; DuPont; Eclipse Networks (Pty) Ltd.; Ecolab; The Estee Lauder Company; Ford Motor Company; General Electric; U.S. General Services Administration; Gold’n Plump Poultry, LLC; Highways Agency (UK); Hydro Tasmania; IBM; IKEA; Italcementi Group; JohnsonDiversey, Inc.; Kraft Foods; Lenovo Corporation; Levi Strauss & Co.; Mitsubishi Chemical Corporation; National Grid; Natura Cosmeticos; New Belgium Brewing Co.; Otarian; Pinchin Environmental Ltd.; PricewaterhouseCoopers (Hong Kong); Procter & Gamble Eurocor; Public Service Enterprise Group, Inc.; Rogers Communications, Inc.; SAP AG; SC Johnson; Shanghai Zidan Food Packaging & Printing Co., Ltd.; Shell International Petroleum Company Ltd; Swire Beverages (Coca-Cola Bottling Partner); TAL Apparel Limited; Tech-Front (Shanghai) Computer Co., Ltd./Quanta Shanghai Manufacturing City; Tennant Company; Veolia Water; VT Group Plc; Webcor Builders; Weyerhaeuser Company and WorldAutoSteel.

The World Resources Institute) is an environmental think tank that goes beyond research to find practical ways to protect the earth and improve people’s lives. The World Business Council for Sustainable Development () is a CEO-led, global association of some 200 companies dealing exclusively with business and sustainable development. The Greenhouse Gas Protocol Initiative, () a partnership between WRI and WBCSD, brings together businesses, nongovernmental organizations, governments, academics, and others to develop internationally accepted GHG accounting and reporting standards.

$37 Million to Support Development of Next Generation Lighting

Energy Secretary Steven Chu has announced more than $37 million in funding from the American Recovery and Reinvestment Act to support high-efficiency solid-state lighting projects. Solid-state lighting, which uses light-emitting diodes (LEDs) and organic light-emitting diodes (OLEDs) instead of incandescent bulbs, has the potential to be ten times more energy-efficient than traditional incandescent lighting. Lighting accounts for approximately 24% of the total electricity generated in the U.S. today—by 2030, the development and widespread deployment of cost-effective solid-state lighting could reduce electricity use for lighting by one-third nationally. The 17 projects selected include funding for solid-state lighting core research, product development, and domestic manufacturing.

“The United States must lead in energy efficiency. These solid-state lighting projects will help us significantly cut our energy use, reduce our carbon footprint, and save money,” said Secretary Chu. “This funding will also support the United States as a global leader in this rapidly evolving industry, creating high-tech, value-added jobs.”

The projects that have been selected to receive funding address the full spectrum of research, development, and deployment for solid-state lighting (SSL) technologies. These 17 SSL awards will be leveraged with nearly $28.5 million in private industry cost share, for a total project value of more than $66 million. Projects that have been selected in the following three areas include:

• Core Technology Research ($4 million)—Three projects will focus on advancing the technical knowledge base of solid-state lighting for general lighting purposes. The projects will target improved efficiency and performance with reduced costs, which are all critical to the widespread deployment of solid-state lighting.
• Cambrios (Sunnyvale, California)
• University of Rochester (Rochester, New York)
• WhiteOptics, LLC (Newark, Delaware)
• Product Development ($10.3 million)—Six projects will support the development and improvement of commercially viable solid-state lighting source, component, or integrated lighting products. This activity will promote the market introduction of viable SSL products.
• Cree, Inc. (Durham, North Carolina)
• General Electric (Niskayuna, New York)
• Lightscape Materials, Inc. (Princeton, New Jersey)
• Osram Sylvania Products, Inc. (Beverly, Massachusetts)
• Philips Lumileds Lighting Company, LLC (San Jose, California)
• PPG Industries (Cheswick, Pennsylvania)
• SSL Manufacturing ($23.5 million)—Eight projects will focus on achieving significant cost reductions and enhanced quality by improving manufacturing equipment, processes, or monitoring techniques. These projects will address the technical challenges that must be overcome before prices fall to a level where solid-state lighting will be competitive with existing lighting on a first-cost basis.
• Applied Materials, Inc. (Santa Clara, California)
• GE Global Research (Niskayuna, New York)
• GE Lumination (Valley View, Ohio)
• KLA Tencor Corporation (Milpitas, California)
• Philips Lumileds Lighting Company, LLC (San Jose, California)
• Ultratech, Inc. (San Jose, California)
• Universal Display Corporation (Ewing, New Jersey)
• Veeco Instruments (Somerset, New Jersey)
  
  

This is the sixth round of DOE funding for solid-state lighting core technology research and product development, and the first time that DOE has funded solid-state lighting manufacturing projects. This expanded focus is part of a new DOE initiative to accelerate the adoption of SSL technology through manufacturing improvements that reduce costs and improve quality. These efforts will also play an important role in encouraging U.S.-based manufacturing of solid-state lighting technologies, creating jobs and promoting America’s role as a global leader in energy efficiency.

 

Greenroads Metric for Roadway Design and Construction

It is applicable to new and reconstructed/rehabilitated roadways and has been developed by the University of Washington and CH2M HILL. It awards credits for approved sustainable choices/practices and can be used to assess roadway project sustainability. This assessment can, if desired, include four different certification levels depending upon total points earned.

Greenroads provides a holistic way of considering roadway sustainability, a defined and quantitative means to assess roadway sustainability, and a tool for decision-makers, agencies, consultants, and contractors that enables informed design and construction decisions regarding sustainability.

O-N Minerals Fined $300,000 for Air Permit Violations

EPA and Virginia’s Department of Environmental Quality have announced consent agreements with O-N Minerals (Chemstone) Company, a lime production facility in Strasburg, Virginia. The agreements resolve alleged violations of the company modifying its rotary kiln—increasing air pollution emissions—without installing the necessary pollution control equipment or obtaining required permits. O-N Minerals will pay two penalties, one of $158,980 to Virginia Department of Environmental Quality and another of $121,829 to the United States Treasury.

In addition to paying the EPA penalty, O-N agreed to install and operate a sulfur dioxide (SO2) continuous emissions monitoring system to monitor SO2 emissions 24/7. The company agreed to meet the state’s permit limits for SO2 two years earlier so the emissions will not limit visibility at a nearby national park. As a part of this settlement, O-N Minerals will also perform visible emissions readings, limit the sulfur content of any coal or fuel oil burned in the rotary kiln, and achieve a lower SO2 emission rate from the rotary kiln. These requirements are estimated to reduce O-N’s sulfur dioxide emissions by 425,000 pounds per year.

In the separate state-issued action, Virginia’s DEQ issued O-N Minerals a consent order for SO2 and other clean air violations. In addition to assessing the state penalty, DEQ is requiring a revised state permit. EPA and Virginia’s DEQ closely coordinated on these CAA enforcement cases.

Emissions of sulfur and sulfur dioxide contribute to smog and acid rain. Sulfur dioxide pollution has been linked to serious human health effects, including respiratory function and cardiovascular illnesses.

Ohio EPA Fines Pilot Oil Corporation $100,000 for Spills from Gas Stations

In a settlement with Ohio EPA and Ohio Attorney General Richard Cordray, Pilot Oil Corporation has agreed to comply with applicable reporting requirements for spills to waters of the state or land, pay a $100,000 civil penalty, and fund a $475,000 beneficial environmental project for alleged violations of Ohio’s water pollution control laws at numerous gasoline/fueling stations across the state. The State is accepting public comments on the proposed consent order until February 9, 2010. 

 

EPA Fines Tony’s Fine Foods $93,533 for Ammonia Releases

EPA has taken action against Sacramento based Tony’s Fine Foods in order to correct environmental violations and bring the company into compliance with federal law. Under the terms of a settlement, Tony’s Fine Foods has agreed to pay a $93,533 penalty.

In October 2008, Tony’s Fine Foods leaked approximately 360 gallons of anhydrous ammonia into the air from a pressure relief valve at its California Cold Logistics cold storage warehouse in Yuba City, California. The ammonia release resulted in the evacuation of four nearby schools and nearly 30 Yuba City residences.

“We’re thankful no one was seriously hurt,” said Daniel Meer, assistant director for the Superfund program in EPA’s Pacific Southwest region. “Failing to provide critical information to the appropriate authorities can diminish the community’s ability to respond during an emergency.”

In January 2009, the facility again violated federal law by illegally discharging about 35 gallons of ammonia into a storm drain that discharges to Gilsizer Slough. The release was detected by residents several blocks away. When the fire department responded, the strong smell eventually led investigators to the California Cold Logistics facility. Dumping ammonia down a storm drain is prohibited under the federal Clean Water Act (CWA).

“The inadequate controls exercised by this facility resulted in unacceptable discharges of toxic pollutants to Gilsizer Slough, which flows to the Sutter Bypass and the Feather River,” said Alexis Strauss, regional director of EPA’s water division in San Francisco.

In both instances, Tony’s Fine Foods failed to immediately notify authorities following their chemical releases. EPA inspectors visited the facility following the first release and provided facility representatives information on release reporting requirements.

The proposed penalty under the CAA currently is available for public comment until January 21, 2010. Following EPA’s involvement, the facility has achieved compliance with reporting requirements and completed operational improvements to prevent future discharges.

J.M. Martinac Shipbuilding’s Stormwater Violations Result in $50,000 Fine

A shipbuilding company with problems keeping pollutants out of its stormwater discharges in Tacoma is being fined $50,000 by the Washington Department of Ecology (Ecology). Between August 2008 and August 2009, Ecology found that J.M. Martinac Shipbuilding discharged higher levels of copper, zinc, and oils and greases than the company’s stormwater permit allows. In some cases, the monthly monitoring reports show the water’s pH balance (acid/alkaline) outside the acceptable range for legal discharge or no samples taken at all.

Stormwater permits set limits on the level of pollutants that can be discharged from a facility. The limits are determined by a number of factors, including environmental impacts. Metals like copper and zinc are important to keep out of water because they have the potential to harm salmon and aquatic life.

Martinac discharges stormwater directly to the ground. At this time, monitoring data indicates groundwater hasn’t been impacted. Ecology took enforcement action to prevent these pollutants from entering the ground water.

“Ecology is serious about protecting water quality, and our staff offer technical assistance to help companies stay within their permit limits,” said Kelly Susewind, Ecology’s manager for the Water Quality Program. “We gave Martinac plenty of notice that things were going wrong before resorting to a penalty.”

Ecology notified the company of its violations in seven separate letters and provided technical assistance in at least two separate inspections, but problems continued.

The shipbuilder primarily builds new tugboats at its facility. Activities that generate pollutants include welding, cutting, machining, sandblasting, and painting.

Rhode Island Landlord Faces Fines of $44,000 for Failing to Warn Tenants about Lead Paint

A Rhode Island landlord faces penalties for allegedly violating federal lead-based paint disclosure requirements. These violations potentially put tenants at risk of exposure to lead hazards.

In June 2008, an EPA inspection found that John Laughter had not provided lead disclosure information to tenants in four Woonsocket, Rhode Island, units that were built before 1978. EPA is seeking up to $11,000 for each of these violations. At the time of the inspection, Mr. Laughter owned fifteen-units in three apartment buildings located in Woonsocket.

The purpose of the Disclosure Rule is to give tenants adequate information about the risks associated with lead paint so that they can make informed decisions before signing a lease agreement. Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities; impaired hearing; reduced attention span, hyperactivity and behavioral problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.

Federal law requires that property owners, property managers and real estate agents leasing or selling housing built before 1978 provide the following information to tenants and buyers: an EPA-approved lead hazard information pamphlet, called Protect Your Family from Lead in Your Home; a lead warning statement; statements disclosing any known lead-based paint and lead-based paint hazards; and copies of all available records or reports regarding lead-based paint and lead-based paint hazards. This information must be provided to tenants and buyers before they enter into leases or purchase and sales agreements. Property owners, property managers, and real estate agents share responsibility equally for providing lead disclosure information and must retain copies of records regarding lead disclosures for three years.

 

EPA Fines ZKW Trading for Defying Order on Electronic Waste

EPA issued an order seeking penalties up to $37,500 per day to Monterey Park, California-based ZKW Trading for failing to properly manage electronic waste that it attempted to export to Hong Kong.

“This agency is firmly committed to greater e-waste stewardship; companies that make, distribute, use, and dispose of electronic products share the responsibility for reducing their environmental impact,” said Jeff Scott, director of the Waste Management Division for EPA’s Pacific Southwest region.

EPA issued the penalty order after ZKW failed to comply with a September 2009 order requiring ZKW to remove its cargo from the Port of Long Beach and to submit a plan for management of electronic waste that ZKW had shipped to Hong Kong without providing required notice. The waste was part of a shipment of approximately 31,993 lb of cathode ray tubes (CRT) that had been rejected in Hong Kong and returned to the Port of Long Beach. ZKW failed to provide appropriate notice to EPA or to the receiving country as required by federal law. After receiving the earlier order, ZKW informed EPA that it would not comply with the order.

“EPA requires all exporters of e-waste for recycling to provide notification,” said Amy Miller, who leads RCRA enforcement in EPA’s Pacific Southwest region. “Companies that fail to comply will face significant penalties.”

CRTs are the video display components of televisions and computer monitors. The glass in these units typically contains enough lead to require managing it as hazardous waste when they are discarded or recycled.

In June 2009, ZKW Trading reportedly consigned 38 pallets of CRTs—listing the cargo as plastic scrap—for shipment to Hong Kong, where it was rejected by Hong Kong customs authorities.

The order gave ZKW Trading 30 days to remove the cargo, and forty-five days to submit a plan to the EPA detailing how it will reuse, recycle, or discard the CRTs. ZKW Trading’s failure to comply subjects it to fines of up to $37,500 per day of noncompliance.

Regulations took effect in January 2007 requiring exporters shipping CRTs to another country for recycling to notify the EPA and receive written consent from the receiving country before shipments can be made. 

Ocean Protein LLC Pays nearly $22,000 for Failure to Properly Report Hazardous Chemicals

Ocean Protein, LLC has settled with the EPA and agreed to pay a $13,166 penalty for violating the federal Emergency Planning and Community Right-to-Know Act (EPCRA or SARA Title III) and will also spend nearly $9,000 for hazardous material training and equipment for the City of Hoquiam Fire Department. The company failed to properly report the storage of sulfuric acid at its fish waste processing facility located in Hoquiam, Washington, and failed to file Emergency and Hazardous Chemical Inventory Forms with local emergency response entities in Washington. Ocean Protein, LLC produces fish meal, fish oil, and bone meal from fish wastes using sulfuric acid, among other chemicals.

“Community safety and preventing chemical accidents are a top priority for EPA,” said Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle. “We’re committed to reducing the likelihood and severity of accidental chemical releases by enforcing the law and creating a level playing field for industry.”

In addition to the penalty, Ocean Protein agreed to provide over $8,800 for training and equipment to the City of Hoquiam Fire Department that will improve the department’s capabilities in responding to hazardous materials emergencies in a safe and effective manner.

Sulfuric acid is a clear, colorless, odorless liquid that is very corrosive and can cause severe burns. It is harmful if inhaled, ingested, or comes in contact with skin.  Emergency responders rely on this information for their safety and to help protect nearby residents during an emergency, such as a fire or earthquake. Citizens can also access the information to find out what chemicals are being stored and used in their neighborhoods.

 

D&R Supply Inc. Fined $20,000 Penalty for Exceeding Permit Particulate Limits

D&R Supply Inc., will pay a $20,000 penalty to Ohio EPA for past permitting violations at its asphaltic concrete production facility in Marshallville, Ohio. Following required stack tests in 2007 and 2008, D&R Supply reported it exceeded permitted limits for particulate emissions. Exposure to such particles can cause lung and heart problems.

To correct the violations, the company first replaced the existing air pollution control equipment (a wet scrubber) with a filtration system (a baghouse). When tests showed continued noncompliance, the company hired a professional baghouse company to make repairs to the baghouse. In July 2009, a third stack test indicated particulate emissions had dropped well below permitted limits.

D&R Supply’s production facility combines limestone, sand, and other types of aggregate with liquid asphalt in a large rotary drum. The operation produces particulate emissions that are captured and controlled through proper use of the baghouse.

$6,000 Penalty for Transporting Hazardous Waste Without a Manifest

 

In 2009, employees of Western States stripped paint off the U-39 bridge in Glide, Oregon. The employees collected the stripped waste paint in eight 55-gallon drums. The drums were then loaded into a Western States-owned vehicle and transported from the work site to Western State’s facility in Medford.

The shipment was not, however, accompanied by a hazardous waste manifest. All hazardous waste generators are required to prepare a written hazardous waste manifest prior to shipping any waste and no transporter may transport any hazardous waste that is not accompanied by a manifest.

Ocean Energy Could Reach up to 200 Gigawatts of Power Generation Capacity by 2025

The world’s oceans represent a vast untapped resource for renewable energy generation, and a host of technology companies are emerging to pursue the great frontier of hydrokinetic power. 

“The ocean energy business is right on the cusp,” says managing director, Clint Wheelock. “The industry is still in a proof-of-concept phase for several key technologies, and the outcome of early pilot projects will determine whether wave energy, tidal energy, and other technologies are ready for prime time.” Wheelock adds that more than 300 hydrokinetic projects are already in the works around the world.

According to Pike Research’s scenario-based forecasting model for the ocean energy industry, technological success and the right regulatory environment could yield global power generation capacity of up to 200 GW by 2025. On the other hand, if early projects have limited success, are too costly, or do not enjoy a favorable public policy regime, the marine renewable sector could be relegated to niche status, reaching no more than 25 GW in global capacity by 2025.

The report includes an examination of business drivers, regulatory issues, implementation challenges, and the competitive landscape, along with detailed market forecasts for each technology through 2025. 

Pike Research is a market research and consulting firm that provides in-depth analysis of global clean technology markets. The company’s research methodology combines supply-side industry analysis, end-user primary research and demand assessment, and deep examination of technology trends to provide a comprehensive view of the Smart Energy, Clean Transportation, Clean Industry, Corporate Sustainability, and Building Efficiency sectors. 

Food Processing Plants Increase Energy Efficiency and Earn EPA’s Energy Star

EPA is recognizing the first three frozen fried potato processing plants to earn the Energy Star for superior energy performance. These plants perform in the top 25% for energy efficiency nationwide and, on average, use nearly 20% less energy when compared to similar plants across the country. Together, these plants annually save more than $10 million and prevent nearly 40,000 metric tons of carbon dioxide equivalent, which is equal to the emissions from the yearly electricity use of 5,000 homes. These businesses are increasing their energy efficiency and are saving money while reducing the amount of pollution emitted into the environment.

The three potato processing plants to first earn EPA’s Energy Star are J.R. Simplot Company in Aberdeen, Idaho; J.R. Simplot Company in Othello, Washington; and ConAgra Foods Lamb Weston Inc., in Quincy, Washington.

The food processing industry is an essential domestic industry that provides more than 1 million jobs annually. Announced in October 2009, EPA’s Energy Star Energy Performance Indicators for food processing have become important tools in helping improve the energy efficiency of the industry, which spends nearly $7 billion on energy each year. Energy Star Energy Performance Indicators allow companies to measure their energy performance against others in the industry, while achieving breakthrough improvements in energy efficiency.

 

Proper Disposal of Fats, Oil, and Grease

Fats, oil, and grease (FOG) resulting from food preparation in homes and businesses can build up in sewer pipes causing costly blockages and backups as well as sewage overflows to private and public property. Seattle’s Public Utilities Website now includes information on how to properly dispose of fats, oil, and grease in order to help prevent clogged drains and the accumulation of FOG waste in sewage and wastewater piping systems.

Sources of FOG include: cooking oil, butter, lard, shortening, margarine, gravy, sauces, oil from cooked meats, sour cream, and mayonnaise. The following tips are offered as ways to keep drains fat-free:

• Pour fats, oils and grease into a container and store in the freezer, then put in the trash after it has hardened
• Use paper towels to wipe greasy dishes before dishwashing
• Use sink strainers to catch food waste during dish washing
• Put food scraps in the compost or in the trash

It is important that residential customers remember that FOG cannot be recycled or composted and must be put in the trash.

For businesses such as restaurants and commercial kitchens found in school, hotels, and hospitals, there is a potential of generating large volumes of fats, oils, and grease waste due to the volume of food preparation