EPA is proposing to require facilities to report non-confidential TRI data to EPA using electronic software provided by the Agency. The only exception to this electronic reporting requirement would be for the few facilities that submit trade secret TRI information (including sanitized and unsanitized information), who would continue to submit their trade secret reporting forms and substantiation forms in hard copy.
The proposal is anticipated to become effective on Effective January 1, 2013.
Charleston RCRA, DOT and IATA/IMO Training
San Antonio RCRA and DOT Training
Jacksonville RCRA and DOT Training
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
- March 23
- April 17
- May 18
- June 26
- July 18
- August 15
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PSD and Title V GHG Tailoring Rule Step 3
EPA is also proposing to establish regulatory authority for the Agency to issue synthetic minor limitations for GHGs in areas subject to a GHG PSD Federal Implementation Plan (FIP).
In the proposal, EPA discusses its progress in evaluating the suitability of other streamlining approaches and solicits public comment. Comments must be received on or before April 20, 2012.
EPA to Collect Data on Hydraulic Fracturing Chemicals Using TSCA Section 8(d)
EPA plans to develop an Advance Notice of Proposed Rulemaking (ANPRM) and initiate a stakeholder process to provide input on the design and scope of the Toxic Substances Control Act (TSCA) reporting requirements that would be included in a proposed rule. EPA anticipates that states, industry, public interest groups, and members of the public will be participants in the stakeholder process. The stakeholder process will bring stakeholders together to discuss the information needs and help EPA to ensure reporting burdens and costs are minimized, ensuring information already available is considered in order to avoid duplication of efforts.
EPA to Review NESHAPS for Manufacture of Amino/Phenolic Resins, Acrylic and Modacrylic Fibers Production, and Polycarbonate Production
EPA plans to perform risk and technology reviews for the following three National Emission Standards for Hazardous Air Pollutants (NESHAP): Manufacture of Amino/Phenolic Resins; Acrylic and Modacrylic Fibers Production; and Polycarbonate Production. These reviews are under a deadline consent decree for proposal in October 2012 and promulgation in October 2013. Clean Air Act (CAA) sections 112(f)(2) and 112(d)(6) require EPA to conduct these reviews.
Under the technology review provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them “as necessary (taking into account developments in practices, processes and control technologies)” no less frequently than every 8 years. Under the residual risk provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. EPA will also remove startup, shutdown, and malfunction exemptions for these source categories, as required by recent court decisions.
Climate and Clean Air Coalition Tackles Short Lived Climate Pollution Worldwide
On February 16, the State Department and EPA announced a new initiative to address climate change, improve air quality, and protect public health: the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollution. Short-lived pollutants such as methane, black carbon (soot), and hydrofluorocarbons (HFCs) contribute to climate change, impact public health, and food productivity.
New Jersey DEP Adopts Waiver Rule
In response to Governor Christie’s Executive Order No 2, which directs state agencies to implement common sense principles of government reform, the Department of Environmental Protection has adopted a new rule that gives the DEP flexibility to modify compliance with rules in certain limited circumstances that do not compromise protections for the environment or public health. This waiver process will be extremely transparent, with all applications and actions posted prominently on the DEP’s website. Requests for waivers will be accepted beginning August 1, 2012.
“A lack of flexibility can sometimes produce unreasonable, unfair or unintended results that actually undermine the goal the rule or requirement was intended to attain,” said DEP Commissioner Bob Martin. “This rule provides us with a modest measure of flexibility to manage special circumstances but through a process that will be used under limited circumstances and with total transparency.”
To apply for a waiver, a requester must demonstrate that at least one of four criteria is met:
- Public Emergency – There is a public emergency that has been formally declared
- Conflicting Rules – Conflicting rules (between federal and state agencies, or between state agencies) are adversely impacting a project or activity from proceeding
- Net Environmental Benefit – A net environmental benefit would be achieved
- Undue Hardship – Undue hardship is being imposed by the rule requirement(s)
The waiver rule is somewhat similar to the municipal zoning variance process, allowing some leeway to existing rules in certain, limited circumstances.
There is no automatic right to a waiver. Waivers will be granted only on a case-by-case basis after careful review by technical staff and approval of the Commissioner. DEP will not compromise its core mission of protecting public health, safety, and the environment, and will continue to make decisions based on science, facts, data, and common sense. A waiver cannot violate State or Federal statute or Federal regulation.
The DEP is developing an internal process that will ensure consistency and transparency in the handling of all applications. This includes standardized submission forms, electronic systems for the receipt and tracking of all requests, and on-line reports that will allow the public to know when applications are received and to access the DEP’s decisions.
“This allows us to change how government operates in a positive way. We can cut through the maze of red tape and regulations to provide real solutions to real-world problems, while maintaining our core priority mission of protecting the air, water, land and natural resources of New Jersey,” Commissioner Martin added.
Kansas Refinery to Pay Nearly $1 Million Penalty for Environmental Violations Related to Air Emissions
Coffeyville Resources Refining & Marketing (CRRM) has agreed to pay a civil penalty of more than $970,000 and invest more than $4.25 million in new pollution controls and $6.5 million in operating costs to resolve alleged violations of air, Superfund, and community right-to-know laws at its Coffeyville, Kansas, refinery.
The settlement will benefit the environment and human health by requiring new and upgraded pollution controls, more stringent emission limits, and more aggressive leak-detection and repair practices to reduce emissions from refinery equipment and process units. Sulfur dioxide (SO2) and nitrogen oxide (NOx), two pollutants emitted from refineries, can cause health problems and are significant contributors to acid rain, smog, and haze.
“This settlement puts CRRM on a level playing field with the more than 100 petroleum refineries that have agreed to implement aggressive pollution control measures, thereby reducing the threats posed by harmful emissions to area residents,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “The agreement reaffirms our commitment to ensure that the petroleum refining industry complies with the nation’s Clean Air Act.”
“The Clean Air Act is designed to protect people’s health from emissions of harmful pollutants,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will protect residents living near the facility and ensure that the necessary pollution controls are installed to protect the residents of southeastern Kansas in the future.”
The settlement resolves alleged violations of the CAA, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, aka Superfund), and Emergency Planning and Community Right-to-Know Act (EPCRA). The government alleged that the company made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The CAA requires major sources of air pollution to obtain such permits before making changes that would result in a significant emissions increase of any pollutant. The settlement also resolves alleged violations in which CRRM failed to timely notify state and local emergency responders of releases of hydrogen sulfide and sulfur dioxide from the refinery, as required by the CERCLA and EPCRA.
Once fully implemented, the pollution controls required by the settlement will annually reduce an estimated 200 tons of NOx and more than 110 tons of SO2. The settlement will also reduce emissions of volatile organic compounds, particulate matter, carbon monoxide, and other pollutants that affect air quality. CRRM has also agreed to perform a voluntary environmental project at the refinery valued at more than $1.2 million. The project will benefit the environment and surrounding communities by reducing emissions of volatile organic compounds and hydrogen sulfide, reducing the frequency of future acid gas flaring incidents, and conserve 15 million gallons of water each year that would previously have come from the Verdigris River.
As a result of the settlement agreements, refiners have agreed to invest more than $6 billion in new pollution controls designed to reduce emissions of sulfur dioxide, nitrogen dioxide, and other pollutants by more than 360,000 tons per year.
CRRM’s refinery has the capacity to refine more than 115,000 barrels of crude oil per day, producing gasoline, diesel fuels, and propane.
The state of Kansas has joined in the settlement and will receive a portion of the civil penalty.
Sulfur Hexafluoride Emissions from Gas Insulated Switchgear Mandatory Annual Reporting
As part of the California Global Warming Solutions Act (AB-32) the California ARB approved the reduction of SF6 emissions from electricity transmission and distribution equipment as an early action measure. ARB staff, in collaboration with interested stakeholders, developed a control measure to address these emissions.
The first annual report for reporting sulfur hexafluoride (SF6) emissions from gas insulated switchgear GIS is required to be submitted to the Air Resources Board (ARB) by June 1, 2012. Training on how to use the reporting tool will be provided on Thursday, April 19.
Columbus Refinery Fined $280,000 and Settles Air Pollution Violations
Ohio Attorney General Mike DeWine and Ohio EPA Director Scott J. Nally announced that the State of Ohio has entered into a Consent Order and final judgment with Heartland Refinery Group LLC (4001 E. Fifth Ave., Columbus). The order was filed in Franklin County Environmental Court before Judge Harland Hale in lieu of a previously scheduled trial. The order resolves the oil re-refinery’s violations of Ohio’s air pollution control laws and rules, including releasing uncontrolled emissions and causing substantial public odor nuisances.
“I am pleased that all parties agreed to a settlement that will protect nearby workers and residents, enforce Ohio’s emission laws, and allow continued operations at the facility,” said Attorney General DeWine.
“Ohio EPA recognizes the improvements Heartland has made in its efforts to be a good neighbor,” said Ohio EPA Director Nally, who also applauded the significant efforts of Heartland, Ohio EPA, and the Ohio Attorney General’s office in reaching the agreement. “Our Agency will continue to work with the company as it strives to improve equipment and operations, control emissions and odors and be a responsible environmental steward.”
A portion of the penalty will go to Ohio EPA’s Clean Diesel School Bus Program Fund. This fund helps retrofit older school buses with pollution control equipment to reduce particulate emissions from their diesel engines and thereby protect the children who ride the buses.
Since December 2009, Heartland Petroleum has operated a refinery on the eastside of Columbus which reprocesses spent petroleum products such as used motor oil.
Donaldson Pays $103,000 for Selling Illegal Diesel Particulate Filters
The California Air Resources Board (ARB) has fined Donaldson Company, Inc. $103,000 for selling illegal diesel filter systems to be used on trucks and buses in California.
An investigation by the ARB showed that Donaldson sold 103 filter systems that did not include a back pressure monitor, a device essential to the performance of both the filter and the engine of the vehicle.
“Reducing diesel exhaust is critical to safeguard the health of Californians,” said California ARB Enforcement Chief James Ryden. “Any equipment that does not comply with the state’s standards cannot operate legally.”
As a corrective measure, Donaldson voluntarily mounted a service campaign to upgrade the systems sold in California with a back pressure monitor and other modifications.
Of the $103,000 paid by the company, $77,250 went to the California Air Pollution Control Fund to support projects and research to improve the state’s air quality. The San Joaquin Valley Air Pollution Control District received $25,750 to support a project that retrofits school buses with diesel filters.
According to ARB, diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
Cedar Valley Electroplating Ordered to Take Immediate Action to Address Leaking Hazardous Waste Containers and Tanks
EPA Region 7 has ordered Cedar Valley Electroplating L.L.C., a metal electroplating business, to take a series of immediate actions to address multiple issues with leaking tanks and containers of hazardous waste at its facility in Cedar Falls, Iowa.
Under a unilateral administrative order issued by EPA in Kansas City, Kansas, Cedar Valley Electroplating—and R Squared Properties, L.L.C., which owns the property at 5611 Westminster Drive in Cedar Falls where the business is located—were ordered to:
- Immediately comply with the Resource Conservation and Recovery Act (RCRA) and its implementing regulations.
- Immediately identify and contain any leaking tanks, containers, or other vessels on the property.
- Identify all solid and hazardous wastes currently being treated, stored, or disposed at the facility.
- Restrict access to solid and hazardous wastes that have been stored and/or disposed at the facility and to areas on the property where hazardous material has been released.
- Develop a plan for the immediate cleanup of releases, an investigation to determine if wastes have migrated off the property, and the cleanup of the building and any surrounding areas that may have been contaminated by the releases.
Cedar Valley Electroplating is located in an industrial park area of southwest Cedar Falls, approximately 700 feet southeast of a child care facility, approximately 1,000 feet east of a stream, and approximately 1,300 feet east and southwest of the nearest residences.
EPA’s order notes that the business, which ceased operating in 2011, was inspected by EPA representatives in September 2005 and again in September 2010. The 2005 inspection resulted in the business being cited for failure to make a hazardous waste determination on 28 55-gallon containers of waste material. The 2010 inspection cited those same issues and issues with additional containers.
EPA representatives visited the facility recently and noted numerous totes, tanks, drums, and other containers and materials stored in an unsafe manner throughout the facility, including numerous containers that were open and several that were leaking. Some of the hazardous wastes identified during the limited visit included chromium, ferric sulfate, ferric chloride, sulfuric acid, hydrochloric acid, sodium hypochlorite, and sodium hydroxide. During the visit, an EPA representative noted that the containers of chemicals cited in the 2005 and 2010 inspections were still present at the facility, but that some of the containers had since deteriorated to the point of leaking their contents.
Violations of EPA’s order could subject the respondents to civil penalties of at least $7,500 per violation per day. Violations could also trigger unilateral actions by EPA to carry out the terms of the order, under its legal authority. The Agency could also seek judicial enforcement of the order.
33 Businesses Fined for Air Quality Violations
The California ARB has announced that during the fourth quarter of 2011 it settled 33 cases of air quality violations by trucks and buses, mostly for failure to properly conduct and pass self-inspections aimed at measuring vehicle smoke emissions to ensure state requirements are met.
Of the $226,950 collected, $170,400 went to the California Air Pollution Control Fund to support research to improve California’s air quality. In addition, $56,549 went to the Peralta Community College District to fund classes at participating California community colleges under the California Council for Diesel Education and Technology program.
Fines totaled $226,950; although none of the fines exceeded $25,000. The five companies paying the highest amounts were:
- Dole Fresh Fruit, fined $24,750 for failing to properly label its diesel-powered Transport Refrigeration Unit (TRU) generator sets according to ARB regulations.
- Hendrickson Trucking Inc., fined $19,875 for failing to properly self-inspect its diesel trucks to assure the vehicles met state smoke emission standards.
- Dynalectric Los Angeles, fined $15,750 for failing to properly self-inspect its diesel trucks to assure the vehicles met state smoke emission standards.
- United Food Group LLC, fined $13,725 for failing to bring the company’s TRUs into compliance with state requirements, and for failing to properly self-inspect its diesel trucks to assure the vehicles met state smoke emission standards.
- Harrison Trucking, Inc., fined $13,175 for failing to properly self-inspect its diesel fleet to ensure compliance with state smoke emission standards.
“The Air Resources Board has a long history of outreach to businesses to keep them informed about how to keep in compliance with state laws,” said Paul Jacobs, Chief of ARB’s Mobile Source Enforcement Branch. “When companies fail to make necessary changes or neglect to do what is required of them, we have to take action in order to protect public health.”
Montana DEQ Discharge Permit Needed Before Applying Pesticides to State Water
The Montana Department of Environmental Quality (DEQ) recently announced a new wastewater permitting program that regulates application of pesticide to surface waters in the state. The new program was developed in conjunction with a federal initiative by the EPA to satisfy a January 2009 federal court decision.
The Pesticide General Permit (PGP) program replaces the DEQ’s existing 308 Authorization program that required submittal of applications and fees annually with a streamlined Notice of Intent program renewable on a five-year basis. This will result in less paperwork and lower fees for pesticide applicators subject to the rule.
This is the first year that coverage under the new DEQ PGP is required for anyone who applies pesticides into or over state surface water. Anyone, from an individual homeowner to a federal agency, with responsibility for pesticide application to or over surface water bodies is subject to this requirement. The application of pesticides to surface water located within the boundaries of an Indian Reservation is regulated by the EPA.
Surface water bodies include streams, rivers, ponds, lakes, wetlands attached to other water bodies, irrigation canals, and other surface waters. Permit coverage is not required for pesticides that reach surface waters only through storm water discharge or for irrigation waters that are used up and will not return to other state waters.
The PGP is not a pesticide permit. It is a wastewater discharge permit regulated by the DEQ. Discharge of pollutants to state water without a permit is a violation of the Montana Water Quality Act. The Montana Department of Agriculture maintains responsibility for all other pesticide certification, licensing, aquatic weed management plans, and pesticide enforcement and compliance considerations.
Italian Shipping Company and Chief Engineer Charged with Environmental Crimes and Obstruction of Justice
Italian-based shipping company Giuseppe Bottiglieri Shipping Company S.P.A., owner and operator of the Motor Vessel Bottiglieri Challenger, and Vito La Forgia, the vessel’s chief engineer, have been charged in a four-count indictment with the illegal dumping of waste oil and oil-contaminated waste water in violation of the Act to Prevent Pollution from Ships (APPS), conspiracy and two counts of obstruction of justice.
Engine room operations on board large ocean going vessels such as the Bottiglieri Challenger generate large amounts of waste oil and oil-contaminated waste water. International and US law requires that all overboard discharges of waste oil be recorded in an oil record book, a log that is regularly inspected by the US Coast Guard.
According to the indictment, on or about January 25, 2012, the Bottiglieri Challenger arrived in Mobile, Alabama, and was boarded by Coast Guard officials who conducted an inspection to determine the vessel’s compliance with US and international law. The Coast Guard’s inspection uncovered evidence that Giuseppe Bottiglieri Shipping Company, acting through its agents and employees and chief engineer Vito La Forgia, conspired to and failed to maintain an accurate oil record book that reflected all disposals of oil residue and discharges overboard, in violation of federal law.
Giuseppe Bottiglieri Shipping Company and Vito La Forgia are also charged in the indictment with obstructing the Coast Guard’s inspection by ordering that an illegal bypass pipe, also referred to as a “magic pipe,” that was used to transfer oil-contaminated waste overboard, be removed prior the vessel’s arrival in Mobile. The indictment further alleges that the shipping company and La Forgia obstructed the inspection by having one of the waste tanks rinsed out with sea water before reaching the port in Mobile.
If convicted, Giuseppe Bottiglieri Shipping Company faces a fine and other possible penalties. La Forgia faces a maximum penalty of 20 years in prison for the obstruction of justice charge.
An indictment contains only allegations. The defendants are presumed innocent unless and until proven guilty. This case was investigated by the US Coast Guard Investigative Services and the EPA, Criminal Investigations Division. The case is being prosecuted by the US Attorney’s Office for the Southern District of Alabama and by the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice.
Environmental Group Sues EPA to Get the Lead Out of Aviation Gasoline
The lawsuit challenges EPA’s failure to respond to a 2006 petition from Friends of the Earth asking for the regulation of lead emissions from general aviation aircraft under the CAA.
Aviation is the single largest source of lead emissions in the US and poses a significant threat to public health—especially in communities located near airports where general aviation operates and aviation gasoline (avgas) is used.
The petition specifically asked EPA to find that lead emissions from aircraft using leaded avgas may endanger public health. Nearly six years later, despite continuing to acknowledge that there is no safe threshold for lead exposure, EPA has taken no final action with regard to Friends of the Earth’s petition.
“EPA has repeatedly concluded that lead is extremely toxic to humans, wildlife and the environment and causes health effects even at low doses,” said Marcie Keever, legal director for Friends of the Earth. “EPA’s continuing failure to do what the law requires and address this pollution leaves us no choice but to take this critical public health issue to the courts. The health of airport workers, pilots, passengers, and surrounding communities from continued exposure to leaded aviation gasoline hangs in the balance.”
While lead was phased out of automobile gasoline more than 15 years ago, it persists as a constituent of avgas in general aviation airplanes. Aviation is the single largest source of lead emissions in the US and poses a significant threat to public health—especially in communities located near airports where general aviation operates and avgas is used.
According to Friends of the Earth, two facts mandate immediate corrective action by EPA:
- According to EPA estimates, sixteen million people reside and three million children attend school in close proximity to the 22,000 airports where leaded avgas may be used.
- There is no safe threshold for lead exposure.
The report found that children living within 500 meters of an airport at which planes use leaded avgas have higher blood lead levels than other children. This apparent effect of avgas on blood lead levels was also evident among children living within 1 kilometer of airports. The researchers concluded that there is a significant association between potential exposure to lead emissions from aviation gasoline and blood lead levels in children.
“EPA needs to stop excusing the largest source of airborne lead emissions from regulation. Taking all of the evidence together, we must address this critical health issue and start phasing out lead in aviation gas now,” said Deborah Behles, Associate Professor and Staff Attorney at the Environmental Law & Justice Clinic at Golden Gate University School of Law.
Recently, members of the aviation community have come on board calling for more immediate action.
“Given concerns about the impact of lead on public health, EPA’s failure to take timely action on Friends of the Earth’s petition is inexcusable. We are simply asking the EPA to move more quickly and definitively in establishing regulations that would protect millions from ill health caused by the known toxic effects of lead,” said Marianne Engelman Lado, the lead Earthjustice attorney representing Friends of the Earth.
Earthjustice and the Environmental Law and Justice Clinic at Golden Gate University School of Law are representing Friends of the Earth in this challenge of the EPA’s failure to respond to Friends of the Earth’s 2006 petition.
Colorado’s Air Quality Plan Receives Initial Approval from EPA
Gov. John Hickenlooper announced that Colorado’s State Implementation Plan for Regional Haze, a comprehensive package of pollutant emissions reduction strategies designed to provide sweeping public health and environmental protections, has received preliminary approval from the US EPA.
“The EPA’s proposal to approve the Regional Haze Plan is a ringing endorsement of a comprehensive and collaborative effort to address this issue,” Hickenlooper said. “This plan is a major step in the state’s efforts to comply with the federal Regional Haze rule, a congressionally-established air quality goal that seeks to improve visibility in national parks and wilderness areas across the country, while also providing public health benefits.”
A key component of the overall plan is the 2010 Clean Air-Clean Jobs Act passed by the Colorado General Assembly that will reduce harmful pollution through emissions controls; retire old, inefficient coal-fired power plants; and convert certain electric generating units from coal to cleaner-burning natural gas.
By 2018, the plan will result in more than 70,000 tons of pollutant reductions annually, including 35,000 tons of nitrogen oxides, which leads to ground-level ozone formation. In total, the plan covers 30 units at 16 facilities throughout Colorado, including coal-fired power plants and cement kilns.
“Our plan will lead to less haze and improved visibility in some of Colorado’s most treasured and scenic areas, including Rocky Mountain National Park, Mesa Verde, Maroon Bells and the Great Sand Dunes,” said Dr. Christopher E. Urbina, Executive Director and Chief Medical Officer of the Colorado Department of Public Health and Environment. “Colorado has long recognized the importance of protecting air quality in national parks and wilderness areas, and has taken a leadership role in developing a plan that reduces emissions of pollutants that adversely impact visibility. The tremendous pollution reductions will also have significant public health benefits.”
“EPA’s proposal to approve Colorado’s plan works for both the environment and our customers,” said David Eves, president and CEO of Public Service Co. of Colorado, an Xcel Energy company. “EPA has now joined the Public Utilities Commission, the Department of Public Health and Environment, the Colorado legislature and other stakeholders in endorsing our plan under the Clean Air-Clean Jobs Act. EPA’s action helps assure we can significantly reduce emissions while keeping electricity affordable.”
“This approval is an important endorsement of Colorado’s state-led collaboration,” said Tisha Conoly Schuller, President & CEO of the Colorado Oil & Gas Association. “The Clean Air-Clean Jobs Act will support job creation in Colorado’s natural gas sector while measurably reducing air pollutant emissions.”
EPA Issues 2011 Fuel Economy Trends Report
“Today’s report shows that we are making significant strides toward saving families money at the pump, reducing greenhouse gas emissions and cleaning up the air we breathe,” said Gina McCarthy, Assistant Administrator for EPA’s Office of Air and Radiation. “The historic steps taken by the Obama administration to improve fuel economy and reduce our dependence on foreign oil is accelerating this progress, will spur economic growth and create high-quality domestic jobs in cutting edge industries across America.”
For 2010, the last year for which EPA has final data from automakers, the average real world CO2 emissions from new vehicles were 394 grams per mile and the average fuel economy value was 22.6 miles per gallon (mpg). EPA projects an improvement in 2011, based on pre-model year sales estimates provided to EPA by automakers, to 391 grams of CO2 per mile and 22.8 mpg.
Fuel economy will continue to improve significantly as part of the Obama administration’s historic standards that will reduce greenhouse gas (GHG) emissions and increase fuel economy to 54.5 miles per gallon by 2025. The DOT and EPA are implementing the first phase of these standards which already improved fuel economy in 2010 and will raise fuel efficiency to 35.5 mpg by 2016. These standards will save American families $1.7 trillion dollars in fuel costs, and by 2025 result in an average fuel savings of over $8,000 per vehicle. Additionally, these programs will dramatically cut the oil we consume, saving a total of 12 billion barrels of oil, and by 2025 reduce oil consumption by 2.2 million barrels a day—as much as half of the oil we import from OPEC every day.
The report also details the growth of more efficient technologies, such as six-speed transmissions, advanced fuel injection, and turbochargers that are making significant inroads into the mainstream market. EPA expects these and other new technologies to become even more popular in the next few years as automakers prepare to meet and fuel economy standards that will further drive up fuel efficiency and reduce emissions.
The CO2 emissions and fuel economy values above reflect EPA’s best estimates of real world CO2 emissions and fuel economy performance. They are consistent with the fuel economy estimates that EPA provides on new vehicle window stickers and in the Fuel Economy Guide. These real world fuel economy values are about 20% lower, on average, than those used for compliance with the corporate average fuel economy (CAFE) program.
Matt Rodriquez Confirmed as Cal/EPA Secretary
The California State Senate has confirmed Matt Rodriquez as Secretary of the California EPA (Cal/EPA). Rodriquez, 58, of Castro Valley, was confirmed with a bipartisan vote of 38-0.
“I’m honored to have been appointed as California’s Secretary of Environmental Protection by Governor Brown and to have been confirmed to the position by the Senate today,” said Rodriquez. “There is no greater job than working to advance the public’s right to clean air and water; to preserve the state’s natural wonders—it’s beaches, forests and rivers; and to promote a healthy living and working environment for all Californians.”
As Cal/EPA Secretary, Rodriquez oversees the activities of the California ARB, the Department of Toxic Substances Control, the Department of Pesticide Regulation, the Office of Environmental Health Hazard Assessment, and the State Water Resources Control Board. As a member of the Governor Brown’s cabinet, he also advises the governor on environmental policy.
“We should always seek to ensure that environmental protection and economic progress are not viewed as competing goals, but as complimentary objectives,” said Secretary Rodriquez. “And we should always seek the fair treatment and meaningful involvement of all stakeholders and communities in our decisions.”
During a Senate Rules Committee confirmation hearing last month, Senator Bob Dutton (R-Inland Empire) praised Rodriquez as an honest and forthright individual. “I have no doubt of your commitment to public service,” said the senator. “I think you’re really top notch.”
“He is particularly interested in hearing from all sides and incorporating a lot of views,” said Ann Notthoff with Natural Resources Defense Council. “I think we’ll all be very proud of the way he protects California’s environment.”
Rodriquez comes to Cal/EPA with more than 24 years of environmental experience with the California Department of Justice. He served as a Deputy Attorney General from 1987 to 1999. In this capacity, he advised or represented the Attorney General and clients of the Land Law Section of the Attorney General’s Office. His clients included the California Coastal Commission, the State Lands Commission, and the San Francisco Bay Conservation and Development Commission. In 1999, he was appointed Senior Assistant Attorney General for the Land Law Section by Attorney General Bill Lockyer.
As Attorney General, Brown selected Rodriquez to be the Chief Assistant Attorney General for the Public Rights Division in 2008. In this capacity he supervised the work of the Land Law, Environment Law, Natural Resources Law, Consumer Law, Civil Rights Enforcement, Antitrust and Corporate Fraud Sections of the Office, among others. Under his supervision, the Attorney General’s Office worked to enforce hazardous waste disposal laws and regulations protecting groundwater from leaking underground storage tanks. He also worked collaboratively with the attorneys in the Environment Section to represent OEHHA in cases brought under Proposition 65. He was responsible for the legal team that defended California’s vehicular GHG rules against challenges from the auto industry. Most recently, he served as Acting Chief Deputy Attorney General for Attorney General Kamala D. Harris.
Rodriquez graduated from U.C. Berkeley with a degree in History, and received his Juris Doctor degree from Hasting College of the Law in 1980.
“Californians and our economy depend on the continued health and vitality of our state’s environment. It is incumbent upon us to be good stewards for our children, our grandchildren, and for generations to come,” said Rodriquez.
Ellwood Quality Steels Company Fined $150,000 for Hazardous Waste Violations
Ellwood Quality Steels Company has agreed to pay a $150,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in New Castle, Pennsylvania.
Following a September 28, 2010, inspection by EPA, and follow-up investigations, EPA cited Ellwood Quality Steels Company for RCRA violations involving a variety of hazardous waste including electric and ladle arc furnace dust, which was contained in two tractor trailers without being marked as hazardous waste; and improperly disposing of mercury-containing universal waste lamps in its arc furnace without a hazardous waste permit.
The settlement penalty reflects the company’s cooperation with EPA in the investigation and resolution of this matter. As part of the settlement, Ellwood Quality Steels Company has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.
Refinery to Pay Almost $1M Penalty for Air, CERCLA, and EPCRA Violations
The US Department of Justice and the EPA announced that Coffeyville Resources Refining & Marketing (CRRM) has agreed to pay a civil penalty of more than $970,000 and invest more than $4.25 million on new pollution controls and $6.5 million in operating costs to resolve alleged violations of air, Superfund, and community right-to-know laws at its Coffeyville, Kansas refinery.
The settlement will benefit the environment and human health by requiring new and upgraded pollution controls, more stringent emission limits, and more aggressive leak-detection and repair practices to reduce emissions from refinery equipment and process units. Sulfur dioxide and nitrogen oxide, two pollutants emitted from refineries, can cause respiratory problems like asthma and are significant contributors to acid rain, smog, and haze.
CRRM’s refinery has the capacity to refine more than 115,000 barrels of crude oil per day, producing gasoline, diesel fuels, and propane.
“The Clean Air Act is designed to protect people’s health from emissions of harmful pollutants,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will protect residents living near the facility and ensure that the necessary pollution controls are installed to protect the residents of southeastern Kansas in the future.”
“This settlement puts CRRM on a level playing field with the more than 100 petroleum refineries that have agreed to implement aggressive pollution control measures, thereby reducing the threats posed by harmful emissions to area residents,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The agreement reaffirms our commitment to ensure that the petroleum refining industry complies with the nation’s Clean Air Act.”
“EPA Region 7 welcomes CRRM’s promise to control pollutants that have threatened Kansans’ health and safety for too long,” EPA Regional Administrator Karl Brooks said. “The company’s pledge to promptly start and quickly complete pollution-control work supports this Agency’s use of the federal environmental protection laws to cut harmful refinery pollutants.”
The settlement resolves alleged violations of the CAA, CERCLA, and EPCRA. Coffeyville allegedly made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The CAA requires major sources of air pollution to obtain such permits before making changes that would result in a significant emissions increase of any pollutant. The settlement also resolves violations in which CRRM failed to timely notify state and local emergency responders of releases of hydrogen sulfide and sulfur dioxide from the refinery, as required by the CERCLA and EPCRA.
Once fully implemented, the pollution controls required by the settlement will annually reduce an estimated 200 tons of nitrogen oxide emissions and more than 110 tons of sulfur dioxide emissions. The settlement will also reduce emissions of volatile organic compounds, particulate matter, carbon monoxide, and other pollutants that affect air quality. CRRM has also agreed to perform a voluntary environmental project at the refinery valued at more than $1.2 million. The project will benefit the environment and surrounding communities by reducing emissions of volatile organic compounds and hydrogen sulfide, reducing the frequency of future acid gas flaring incidents, and conserving 15 million gallons of water each year that would previously have come from the Verdigris River.
The settlement with CRRM is the 30th under an EPA initiative to improve compliance among petroleum refiners and to reduce significant amounts of air pollution from refineries nationwide through comprehensive, company-wide settlements. The first of EPA’s settlements was reached in 2000, and with this settlement, 107 refineries operating in 32 states and territories—more than 90% of the total refining capacity in the US—are under judicially enforceable agreements to significantly reduce emissions of pollutants. As a result of the settlement agreements, refiners have agreed to invest more than $6 billion in new pollution controls designed to reduce emissions of sulfur dioxide, nitrogen dioxide, and other pollutants by more than 360,000 tons per year.
The consent decree with CRRM is subject to a 30-day public comment period and court approval.
Efficiency Standards Save Consumers, Businesses More than $1.1 Trillion
The study shows that even greater savings could be achieved. Updates to existing standards and new standards for other products that can be completed between now and 2015 could net consumers and businesses another $170 billion and reduce pollution even further.
The study by the American Council for an Energy-Efficient Economy (ACEEE) and the Appliance Standards Awareness Project (ASAP) finds that existing standards will save 200 quads of energy by 2035, with another 42 quads of savings achievable with new standards. A “quad” is a measure of energy—the US economy uses a total of about 100 quads per year.
“Improving the energy efficiency of everyday products with common-sense standards has proven to be one of the best ways to save consumers and businesses money while protecting the environment and avoiding the need to build expensive new power plants,” said Andrew deLaski, executive director of ASAP, a coalition of consumer, environmental, and efficiency groups. “Standards have been a bipartisan energy policy success story stretching across four decades and five presidencies.”
Existing energy efficiency standards cover about 55 categories of products, ranging from major home appliances like refrigerators to commercial products such as motors and roof-top air conditioners. Initial standards for many of these products were signed into law by President Ronald Reagan in 1987. Since then, Congress and the Department of Energy have repeatedly added new products and updated standards. The study examines what more can be done.
“Our research found that a combination of updates for existing standards and first-time standards for products like computers, TV set-top boxes, and street lights would add to the track record of big energy, economic, and environmental benefits achieved by standards,” said Amanda Lowenberger, lead report author and senior research analyst at ACEEE.
According to the report, existing standards reduced US electricity use by 7% in 2010. Annual electricity savings from existing standards will increase to 14% by 2035 as consumers and businesses purchase new products compliant with the latest standards. New and updated standards that can be completed by 2015 would reduce 2035 electricity use by another 7%.
Direct natural gas savings from existing standards will reach 950 trillion BTUs by 2035, or enough to heat about one out of every three natural gas-heated homes. New and updated standards for gas products would add another 240 trillion BTUs in annual gas savings by 2035. New standards would also deliver enormous water savings: more than 430 billion gallons annually by 2035-enough to supply New York City.
“There’s no question standards have made a significant contribution to lowering home utility bills,” said Mel Hall-Crawford, energy projects director for the Consumer Federation of America. “And, there are more savings to be gained through future standards.”
According to the study, a typical household will save about $10,000 between 2010 and 2025 simply by purchasing products compliant with minimum standards. A typical household’s total electric bill over this period would be about 33% higher absent efficiency standards. Although efficient products typically cost more up front, the report found that the cost of more efficient products pays back in lower utility bills within about 3 years, with net benefits outweighing costs by 4 to 1.
“Energy efficiency standards are beneficial on so many levels,” said David Goldstein, co-director of the Natural Resources Defense Council’s energy program. “They help our environment, they help drive innovation and-as this report shows-they help consumers save money with every appliance they plug into their wall sockets.”
According to the report, already existing standards reduced US GHG emissions by about 200 million metric tons in 2010 and the annual reduction level will grow to 470 million metric tons by 2035, or roughly the output of 120 coal-fired power plants. New and updated standards would reduce 2035 GHG emissions by another 200 million metric tons, or another 50 coal-fired power plants equivalents.
To assess the potential impact of future standards, the report evaluates 34 products for which new or updated standards could be adopted within the next four years. Products with the biggest potential additional energy savings include electric water heaters, reflector light bulbs, distribution transformers, electric motors, and computers. The largest net economic savings would come from new clothes washer and outdoor lighting standards.
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Trivia Question of the Week
If your site has appliances with at least how much refrigerant, you must keep records of purchases and calculate the leak rate?a. Any amount
b. 10 lb
c. 25 lb
d. 50 lb
