EPA to Revise Particulate Matter Standards

September 25, 2006

"Regardless of the rhetoric, facts are facts – today EPA is delivering the most health-protective national air standards in U.S. history to all 300 million Americans," said EPA Administrator Stephen L. Johnson. "As a 26-year EPA scientist, I have spent my career working to hand down a cleaner, healthier environment – and these stronger air quality standards do just that."

PM is a complex mixture of extremely small particles and liquid droplets in the air (i.e. dust, soot and particles too small to see). The standards address two categories of particle pollution: fine particles and inhalable coarse particles. Fine particles are 2.5 micrometers in diameter and smaller; inhalable coarse particles have diameters between 2.5 and 10 micrometers. Exposure to particle pollution is linked to a variety of significant health problems ranging from aggravated asthma to premature death in people with heart and lung disease.

This standard increases protection of the public from short-term exposure to fine particles. By revising the daily fine particle standard, it will yield additional estimated health benefits valued at between $9 billion to $75 billion a year. These standards will reduce premature deaths, heart attacks and hospital admissions for people with heart and lung disease. EPA is also retaining the current annual standard for long-term exposure to fine particles at 15 micrograms per cubic meter. Based on recently updated benefits estimates, meeting this standard will result in benefits ranging from $20 billion to $160 billion a year.

EPA is protecting all Americans from effects of short-term exposure to inhalable coarse particles by retaining the existing daily PM10 standard of 150 micrograms per cubic meter. This standard protects against premature deaths and increased hospital admissions for individuals with heart and lung disease. EPA is revoking the annual coarse particle standard because the available evidence does not suggest an association between long-term exposure to coarse particles at current ambient levels and health effects.

These standards will require significant reductions in air pollution. The comprehensive clean air strategy gives states the tools needed to meet – and achieve reductions beyond – the national clean air standards. Two of the five rules with the largest projected health benefits in EPA's history are the Clean Air Interstate Rule (CAIR) and Clean Air Nonroad Diesel Rule. CAIR requires the power sector to reduce fine particle-forming sulfur dioxide emissions in the eastern U.S. by more than 70% and nitrogen oxides emissions by more than 60 percent. These reductions will help a number of areas meet the particle pollution standards, and CAIR will prevent an estimated 17,000 premature deaths annually. The Clean Air Nonroad Diesel Rule will require significant reductions of direct emissions of fine particles and emissions that contribute to particle pollution formation nationwide.

EPA selected the levels for the final NAAQS after reviewing thousands of peer-reviewed scientific studies about the effects of particle pollution on public health and welfare. The agency's science and policy review documents were examined by external scientific advisors and the public. The agency also carefully considered public comments on the proposed standards. EPA held three public hearings and received more than 120,000 written comments.

States must meet the revised standards by 2015, with a possible extension to 2020, depending on local conditions and the availability of controls. Later this month, EPA will issue guidance on monitoring fine and coarse particle pollution.

EPA Issues Order to Reduce Arsenic in Drinking Water

Arsenic in Hanford’s drinking water ranges from less than 10 to 50 parts per billion. The new federal standard for arsenic in drinking water from municipal systems is 10 ppb or less.

“The city has taken the initiative to begin addressing the new standard,” said Alexis Strauss, water director for the Pacific Southwest. “We encourage other water systems which may exceed the arsenic standard to follow Hanford's example and take the steps needed to protect the public health.”

The order requires the city to meet a schedule of well rehabilitation and development that will result in the first well coming into compliance with the arsenic standard late this year. The rest of the city’s wells will each be brought into compliance over the next several years with full compliance by all of the city’s 18 wells by December 2009.

The city of Hanford has already developed a proposed draft schedule and an arsenic reduction plan for their municipal wells that supply drinking water to its 48,000 residents. Rehabilitation of the first well began this year.

In January 2001 the EPA adopted a new standard for arsenic in drinking water at 10 ppb, replacing the old standard of 50 ppb. Systems were required to comply with the new standard by January 2006.

Although a naturally occurring mineral, arsenic is a poison. It is naturally found in groundwater. Drinking high levels of arsenic increases the chance of lung, bladder, and skin cancers, as well as heart disease, diabetes and neurological damage. Arsenic inhibits the body’s ability to fight off cancer and other diseases.

California Sues Automakers for Global Warming

“Global warming is causing significant harm to California’s environment, economy, agriculture and public health. The impacts are already costing millions of dollars and the price tag is increasing,” said Lockyer. “Vehicle emissions are the single most rapidly growing source of the carbon emissions contributing to global warming, yet the federal government and automakers have refused to act. It is time to hold these companies responsible for their contribution to this crisis.”

Filed in U.S. District Court for the Northern District of California, the complaint names as defendants: Chrysler Motors Corporation, General Motors Corporation, Ford Motor Company, Toyota Motor North America, Inc., Honda North America, and Nissan North America. The lawsuit is the first of its kind to seek to hold manufacturers liable for the damages caused by greenhouse gases that their products emit. Lockyer filed the lawsuit on behalf of the People of the State of California.

The complaint alleges that under federal and state common law the automakers have created a public nuisance by producing “millions of vehicles that collectively emit massive quantities of carbon dioxide,” a greenhouse gas that traps atmospheric heat and causes global warming. Under the law, a “public nuisance” is an unreasonable interference with a public right, or an action that interferes with or causes harm to life, health or property. The complaint asks the court to hold the defendants liable for damages, including future harm, caused by their ongoing, substantial contribution to the public nuisance of global warming.

As stated in the complaint, the automakers produce vehicles that emit a combined 289 million metric tons of carbon dioxide in the United States each year. Those emissions, the complaint alleges, currently account for nearly 20 percent of the carbon dioxide emissions in the United States and more than 30 percent in California. The defendants rank “among the world’s largest contributors to global warming and the adverse impacts on California,” according to the complaint.

“Global warming has already injured California, it environment, its economy, and the health and well-being of its citizens,” the complaint alleges. “California is responding to the ongoing impacts and the inevitable additional future impacts of global warming. The state is spending millions of dollars on planning, monitoring, and infrastructure changes to address a large spectrum of current and anticipated impacts, including reduced snow pack, coastal and beach erosion, increased ozone pollution, sea water intrusion into Delta drinking supplies, response to impacts on wildlife, including endangered species and fish, wildfire risks, and the long-term need to monitor on-going and inevitable impacts. California has already begun to address the decline in the snow pack and earlier melting of the snow pack in order to avert water shortages and flooding in the future.” Dealing with global warming’s harmful effects, the complaint adds, “will almost certainly cost millions more.”

This filing comes as Lockyer fights the auto industry’s attempt to invalidate California’s landmark global warming regulations curbing tailpipe emissions. In their federal-court lawsuit, the automakers claim the regulations, adopted in 2005 through legislation sponsored by Assembly Member Fran Pavley, are pre-empted by federal law. Lockyer is defending the rules against the industry’s legal challenge.

Lockyer noted the Bush Administration’s inaction on global warming has forced California and other states to take action on their own. The U.S. Supreme Court is currently reviewing a lawsuit filed by Lockyer, 11 other attorneys general, two cities and major environmental groups challenging the U.S. EPA’s refusal to regulate greenhouse gas emissions. Numerous parties have submitted amicus briefs supporting the states, including climate scientists, three former EPA Administrators, former Secretary of State Madeleine Albright, and environmental and religious groups.

In addition, Lockyer, along with nine other state attorneys general, the District of Columbia and the City of New York, filed a lawsuit earlier this year challenging the Bush Administration’s new fuel economy standards for SUVs and light trucks.

California is particularly vulnerable to global warming impacts. According to a report recently submitted by the Climate Action Team to Governor Schwarzenegger and the California Legislature, the consequences of climate change in California will be “severe.”

“We are seeing the harmful impacts of global warming today, and if we continue with ‘business as usual,’ we can expect to see more and larger impacts in the future,” said Lockyer. “As a coastal state, an agricultural state, and a state that relies on its Sierra snow pack, California has an enormous stake in acting now to combat global warming.”

Drill to Test Emergency Responds to Petroleum Spills

EPA and Marathon Petroleum Company LLC are teaming up to sponsor a drill to test local, state and federal emergency response agencies plans for managing a gasoline spill along the Kanawha River.

Marathon has volunteered the use of its Charleston Light Products terminal, just across the river from downtown Charleston for the exercise. Emergency responders from Kanawha and Putnam counties, the City of Charleston, the W.Va. Department of Environmental Protection, the U.S. Coast Guard and many other agencies, as well as Marathon, will participate.

No actual gasoline will be released during the exercise. The exercise will focus on the planning for a potential tank collapse, which will include scenarios addressing potential impacts on various downstream facilities including public water supply intakes, environmentally- sensitive areas, as well as road closures and evacuation procedures.

The federal Oil Pollution Act of 1990 requires these types of drills on a regular basis. Similar drills have been held elsewhere, but this will be the first EPA spill exercise of its kind in the Charleston area.

The drill, which is expected to include 50 to 100 participants, will be conducted during is part of the EPA Regional Response Team meetings being held at the Holiday Inn Charleston House. The hotel will serve as the main command center for the drill.

Participating agencies will use the drill to evaluate and improve their emergency response plans.

EPA Seeks Better Use of Millions of Tons of Wasted Sand

EPA is releasing a guide to help states get more productive use out of millions of tons of sand discarded by the foundry industry.

Foundry products are found in virtually every sector of the U.S. economy, including transportation, construction, agricultural equipment, and military weapon systems.

Each year, foundries, also known as metal casters, use about 100 million tons of sand to create molds for cast metal, but then dispose of about 10 million tons. Most of the disposed sand is not hazardous and could be reused in a variety of ways, including roadbeds, construction fill, and cement manufacturing. However, barriers in state programs and the market result in only about one million tons (10%) being reused to benefit society. For example, state barriers include the time required for approval of reuse requests, overly strict requirements for testing by-products proposed for reuse, and insufficient outreach on how to apply for the beneficial use activity.

While the toolkit can help states promote beneficial reuse of foundry sand, it is also helpful to states starting or revising programs aimed at a much wider range of industrial byproducts, such as coal combustion by-products and construction and demolition debris.

The other two are coal combustion by-products and construction and demolition debris.

Cranberry Farms Learn to Grow More, Spray Less

You don’t have to douse cranberries in pesticides to control pesky bugs and diseases. EPA Regional Administrator Alan J. Steinberg learned this when he visited a cranberry farm in Chatsworth, New Jersey and saw firsthand how Rutgers University agricultural experts are teaching growers to reduce their use of pesticides while harvesting a bumper crop. Cranberries are one of the top valued crops in New Jersey, which ranks fourth in cranberry acres harvested, behind Wisconsin, Massachusetts and Oregon, with an annual $14 million crop.

Rutgers is using a $96,200 EPA grant for a two-year project to explore novel, reduced-risk methods for controlling pests in cranberry production. The Rutgers University Blueberry and Cranberry Research and Extension Center is working with state and county organizations and five farms in Burlington County to identify cost-effective ways to monitor pests and track the impacts of reduced chemical pesticides on species in cranberry fields while measuring and recording the amounts of insecticides used. Two other farms in Chatsworth, one in Tabernacle and one in Browns Mills, are participating in the demonstration project.

The project is part of EPA’s overall efforts to promote integrated pest management (IPM) practices, protect public health and reduce non-point source pollution in ecologically sensitive watershed areas, and reduce farm worker exposure to pesticides. Integrated pest management relies on a combination of common-sense practices to reduce the use of harmful chemicals on crops. This information, in combination with available pest control methods, is used to manage pest damage by the most economical means, and with the least possible hazard to people, property and the environment.

Tips for Preventing Pollution - Pollution Prevention Week 2006

EPA joined organizations throughout the nation in celebrating National Pollution Prevention Week, September 18-24.

Pollution prevention means not creating pollution in the first place. It primarily involves source reduction - reducing the amount and toxicity of air, liquid, or solid waste at its source.

“Whether you are a small business owner, a corporate leader, a student or a parent, EPA encourages everyone to make pollution prevention part of your daily life. Pollution prevention practices can help businesses become more competitive and individuals save money,” said Donald S. Welsh, EPA’s mid-Atlantic regional administrator. “It can also help save energy, prevent the emission of many greenhouse gases and water pollutants, encourage the development of greener technologies and conserve resources for future generations.”

According to the Worldwatch Institute, the United States, with less than 5% of the global population, uses about a quarter of the world’s fossil fuel resources, burning nearly 25% of the coal, 26% of the oil, and 27% of the world’s natural gas. In addition, EPA estimates each individual generates about 1.5 tons of solid waste per year – about 4.5 pounds per person, per day. To help you get started:

At Work

Install energy saving lights; turn off, unscrew or safely disconnect lights where they are not needed
Ride a bike, carpool, walk, or take mass transportation to work
Use reusable lunch containers; bring your lunch to work rather than driving off-site
Re-use paper with one sided print in your fax machine
Don’t print out every e-mail and document you receive; save electronic files instead
Recycle or refill toner cartridges
Use reusable cups for coffee and other beverages
Switch to reusable shipping containers, pallets, totes, bags, and drums

At Home

Turn down the heat or air conditioning at night and while you are away
Use a programmable thermostat
Turn off lights and appliances when not in use - install sensors where appropriate
Replace incandescent light bulbs with energy-efficient fluorescent lamps
Increase the amount of insulation in your home to reduce heat loss
Do not mow your lawn or fill your gas tank on Ozone Action Days
Minimize water use by purchasing efficient toilets, faucets, shower heads, and rain gauges on your irrigation system
Purchase rechargeable batteries, reducing the amount of trash going into landfills
Buy less toxic cleaning supplies or make your own
Purchase products with minimal packaging
Limit fertilizers and pesticides, especially near lakes and streams
Recycle plastics, glass, newspaper, used motor oil, transmission fluid and brake fluid
Join a food co-op; buy products grown or produced locally
Reuse grocery bags by taking them with you to the store
Pack children’s lunches in reusable containers instead of disposal bags

EPA Proposes New Refrigerants for Car Air Conditioners

EPA is proposing to expand the list of choices car manufacturers have when choosing non-ozone-depleting refrigerants for use in vehicle air conditioning systems.

This action proposes to list HFC-152a and CO2 as acceptable alternatives for ozone depleting substances (ODS) in new motor vehicle air conditioning systems under the Significant New Alternatives Policy (SNAP) program. When used with proper risk mitigation measures, HFC-152a and CO2 can reduce the environmental impact of motor vehicle air conditioners.

The automotive industry, if they choose to adopt these technologies, would be required to comply with the conditions necessary to deploy HFC-152a and CO2 systems in a safe manner. Car manufacturers, component manufacturers and the motor vehicle air conditioning service industry have been actively engaged in the development of this rulemaking and are developing prototype systems with the use conditions defined in this proposal.

EPA will accept public comment on its proposal for 30-days following publication of the proposal in the Federal Register.

EPA, White House Present Coastal America Award to Cargill

As part of the Corporate Wetlands Restoration Partnership, the EPA, along with the President’s Council on Environmental Quality, presented the Coastal America Spirit Award to Cargill Inc. for its donation and sale of 16,500 acres of San Francisco Bay salt ponds.

The South Bay salt ponds effort involved a number of partners, including Cargill, U.S. Fish & Wildlife Service, the EPA, California Department of Fish and Game, the Resources Legacy Fund, and Senator Diane Feinstein.

“This partnership has resulted in 16,500 acres of San Francisco Bay shoreline being permanently protected and eventually restored. No project of this size or difficulty has ever been attempted on the West Coast.”

The land provides habitat for four endangered and threatened species, more than a million birds, including 70 native and migratory species, and has the potential to make the greatest contribution to revitalize water quality and wildlife enhancement in the Bay’s history.

In 1997, Coastal America established an awards program to recognize outstanding team efforts to restore and protect coastal environments. Coastal America has presented 19 awards throughout the country.

Nationally, over 400 companies and non-government organizations have signed on with the partnership, and contributed more than $3 million in funds and services in 13 states. Within the last year, the California Corporate Wetlands Restoration Partnership has contributed to an oyster reef project in San Pablo Bay and a creek restoration project in Santa Rosa.

The award was presented at the Long Beach Aquarium during a reception held for California companies to learn more about the development of a California Corporate Wetlands Restoration Partnership.

$35,000 Penalty for Storm Water Permit Violations

EPA announced that it has reached an agreement with Precision Lumber to settle claims that the Wentworth sawmill violated the terms of its permit to discharge storm water under the Clean Water Act. The company agreed to pay a penalty of $35,000 to resolve the violations.

The agreement resolves EPA’s claims that were cited in an administrative complaint and compliance order that were issued to the company in May. EPA’s complaint alleged that Precision Lumber was out of compliance with its storm water permit which authorizes discharges of storm water from many types of industrial sectors in New Hampshire, including sawmills.

“EPA takes seriously the obligations companies undertake when they apply for coverage under EPA’s storm water permit,” said EPA Regional Administrator Robert W. Varney. “This case demonstrates our commitment to continue enforcing and monitoring storm water requirements that are necessary to improve water quality in our rivers, lakes and estuaries.”

Under the company’s storm water permit, the 28-acre facility was authorized to discharge storm water to the Baker River under certain limitations and conditions including requirements regarding inspections, monitoring, reporting and implementing practices to minimize the discharge of pollutants in storm water into the Baker River. Since EPA’s issuance of the May Order, the company has worked cooperatively with EPA to come into compliance with its permit conditions.

Activities that take place at industrial facilities, such as material handling and storage, are often exposed to the weather. As runoff from rain or snowmelt comes into contact with these materials, it picks up pollutants and transports them to nearby storm sewer systems, rivers, lakes, or coastal waters. Storm water pollution is a significant source of water quality problems for the nation’s waters. Of the 11 pollution source categories listed in EPA’s National Water Quality Inventory: 2000 Report to Congress, urban runoff/storm sewers was ranked as the fourth leading source of impairment in rivers, third in lakes, and second in estuaries.

Sequa's Precoat Metals Unit Recognized for Innovation in Production to Protect Environment

. The company’s commitment includes the reduction of naphthalene solvents within the paint formulations used for daily coil coating operations. Precoat Metals anticipates a reduction of 9,000 pounds of naphthalene per year as a result of the change in paint formulation.

“EPA commends Precoat Metals for joining this voluntary program and their commitment to reducing the release of priority chemicals into the environment,” said EPA Regional Administrator Jimmy Palmer. “By doing so, they are demonstrating how innovation in production can lead to increased public health protection and environmental improvement.”

Commenting on the recognition, Plant Manager Tim Zell said, “Throughout the Precoat organization, we take seriously our responsibility to protect the health and safety of our employees and the members of the communities where we operate, and to safeguard the quality of the environment. We are proud to be a part of the NPEP and appreciate the recognition accorded to us by the Environmental Protection Agency.”

Precoat Metals has been in operation since 1962, and is a leading nationwide supplier of diverse organic coating services, ranging from the functional to the aesthetic. Precoat Metals serves customers in the building, container and manufactured products markets. They apply protective and decorative coatings to coils of steel and aluminum in a continuous process precisely calibrated to provide consistent, even coating of the substrate.

EPA formed the NPEP to pursue the goal of reducing the use or release of 31 highly-toxic priority chemicals found in America’s manufacturing processes. It has established a National Waste Minimization Goal to act as a measurement of program success. The goal is to work with industry and the public to reduce the use or release of 4 million pounds of priority chemicals by 2011.

DOT to Propose Changes to Hazmat Security Plans

This effort is being coordinated with other Department of Transportation modal administrations (Federal Aviation Administration, Federal Motor Carrier Safety Administration, and Federal Railroad Administration) and the Transportation Security Administration of the Department of Homeland Security. The revisions would address outstanding petitions requesting that certain materials be excepted from the security plan requirements. PHMSA will hold a public meeting on November 30, 2006 to obtain stakeholder comments on security plan requirements. This ANPRM and the public meeting provide an opportunity for the public to comment on this issue and make recommendations on the applicability of the security plan requirements.

Arizona to Adopt Standards for Chemicals in Public Drinking Water

Arizona Department of Environmental Quality (ADEQ) Director Steve Owens announced that ADEQ will adopt standards to regulate the use of chemicals and equipment that come into contact with drinking water, further ensuring that Arizonans have a safe, reliable supply of drinking water.

Under a law effective Sept. 21, ADEQ will prescribe minimum standards for public water systems to use chemicals, additives and drinking water system components that come into contact with drinking water.

In 2004, ADEQ revoked the certification of a well operator who used household bleach, pool chlorine and other improper chemicals to disinfect the Rose Valley public drinking water system in Peoria, posing a potential hazard to human health. ADEQ's decision was upheld by the state Office of Administrative Hearings last year.

"The new law gives ADEQ an essential tool to make sure public drinking water systems dispense water that is safe to drink," Director Owens said.

Under the new law, ADEQ is adopting existing standards by the National Sanitation Foundation (NSF), a non-profit organization that develops standards and provides product certification and education in the field of public health and safety. NSF standards for drinking water chemicals, additives and components have been adopted by 44 other states.

Auto Recyclers Help State Collect Toxic Mercury from Junk Cars

Since June, automobile recyclers in the state of Washington have collected from the hoods and trunks of junk vehicles more than 10,000 light switches that contain toxic mercury, preventing the toxic chemical from entering the environment.

When mercury switches are not removed, mercury escapes into the atmosphere as vehicles are crushed and later melted down for re-use.

Mercury can evaporate into the air where it can then be deposited into water and soil. Fish accumulate this mercury, which can in turn be a source of exposure to people who consume them. Children and fetuses are the most vulnerable to the effects of mercury in fish, which can impact learning and behavior later in life. The Washington State Department of Health urges all Washingtonians to keep eating fish while choosing from the many species that are low in mercury and other contaminants.

According to the Interstate Mercury Reduction and Education Clearinghouse, approximately one gram of mercury, the amount in a single fever thermometer, is deposited to a 20-acre lake each year from the atmosphere. This small amount, over time, can contaminate the fish in that lake.

"Washington is one of the first states in the nation to establish a program to remove toxic mercury light switches from junk vehicles, and so far, the new program has been very successful," said Janice Adair of Department of Ecology (Ecology), who is leading the state's effort to reduce toxics in the environment. "We hope more of our state's auto recyclers join this program and that we keep up this great momentum to reduce toxic threats in Washington." Adair said a national program, patterned after Washington's, is in the planning stages and will be implemented next year.

The Washington program started in June after Ecology signed an agreement with the Automotive Recyclers of Washington Association and End of Life Vehicle Solutions, which is an organization made up of vehicle manufacturers that used mercury switches. The agreement created a cooperative, voluntary, statewide program to collect mercury-containing switches.

Auto recyclers include dismantlers, wrecking yards and scrap metal processors. The program is designed to prevent mercury releases to the environment that occur when recyclers crush, shred and melt vehicles. The mercury switches are one of the nation's largest sources of mercury contamination.

Washington state has set its collection goal at 100,000 auto mercury light switches in the first year of the program, according to Jan Brydsen, who is leading the project for Ecology. The goal signifies 220 pounds of mercury kept out of the environment since there is about one gram of mercury in each switch, she said.

Currently Washington has 140 auto salvage yards that are collecting the switch assemblies. The participating firms process more than 75% of the end-of-life vehicles in our state.

Auto recyclers who agree to voluntarily participate in the free program receive safety instructions about switch removal and collection/return containers so the toxic waste may be transported to an approved collection facility.

If auto recyclers would like to join the program, they may contact Ecology's Jan Brydsen at 509-575-2477.

Did you know?

More than half of the 250 licensed auto recyclers in Washington state have signed up for the program.
The participating firms process more than 75% of the state's discarded vehicles.
Approximately 200,000 vehicles are processed each year in Washington state.
The program is expected to remove 100,000 mercury switch pellets in the next year. That's 220 pounds of mercury!
Washington is fourth among states in the number of switches it has collected, following New York, California and Michigan.

Testa Corporation Fined $75,000 for Asbestos Violations

The Massachusetts Department of Environmental Protection (MassDEP) has penalized Testa Corporation $75,000 for numerous violations found during the inspections that followed the January 26, 2005 collapse of a craneway into the turret building at the former Fore River Shipyard along the Quincy and Braintree line.

Testa contracted with March Fourth LLC, the owner of the site, in late 2004 to demolish and remove one or more craneways, without filing the required demolition notification with MassDEP. It was during this demolition activity that the collapse occurred, damaging the turret building, which had asbestos-containing materials typically found in shipyards.

MassDEP found that during the cleanup of debris after the collapse (between June and August, 2005) the asbestos removal and cleanup was not done safely and properly. Dry, uncontained asbestos-containing debris was found scattered and detected at various times, water was not used to control visible air emissions, and truck and/or tire tracks were observed running through asbestos-containing debris.

Although Testa is not a licensed asbestos abatement contractor, Testa workers removed asbestos from part of the collapsed building without notifying MassDEP and without using measures to control the release of asbestos fibers to the environment.

After observing violations at the shipyard, MassDEP issued unilateral orders to both Testa and March Fourth requiring them to take corrective action to bring the cleanup back into compliance. Testa undertook responsibility for the remainder of the cleanup and completed it to MassDEP's satisfaction in May 2006.

"Asbestos is a known carcinogen. MassDEP will take swift and aggressive action against anyone who fails to properly manage asbestos waste," said Richard Chalpin, the director of MassDEP's Northeast Regional Office in Wilmington.

Asbestos is a naturally occurring fibrous mineral that is used in many manufactured building materials. Asbestos fibers can pose serious health risks when they become airborne and people inhale them. People conducting construction, renovation and demolition projects that will disturb asbestos are required to notify MassDEP before conducting the work so that MassDEP can ensure that the work will comply with state and federal environmental and safety regulations and that workers and neighbors are not exposed to asbestos fibers.

Two workers inside the shipyard turret building were killed after the collapse of the craneway. A federal investigation into this incident by the Occupational Safety and Hazard Agency resulted in a separate penalty.

Pennsylvania Environmental Quality Board Approves Clean Vehicles Program

Governor Edward G. Rendell has announced the state’s Environmental Quality Board (EQB), an independent regulatory review panel, approved a plan that will enhance the state’s Clean Vehicles Program, originally adopted in 1998, and ensure cleaner, healthier air across the commonwealth – all at no overall additional cost to consumers.

“Air quality is improving in Pennsylvania, but we need to do more to protect public health and the environment,” Governor Rendell. “More than half our commonwealth fails to meet federal air quality requirements for smog. If we want to remain competitive and keep our economy growing, we need to find a way to reduce emissions from mobile sources, which remain a significant contributor to air pollution.”

Cars contribute about a third of the state’s smog-producing emissions. They also emit toxic pollutants like benzene. People are driving more and more --- Pennsylvanians increase their vehicle miles driven by some 2% every year --- so improving vehicle technology through this program will preserve mobility while protecting public health and the environment.

EQB voted 16-2 to lock in model year 2008 as the compliance date for the next phase of the state’s Clean Vehicle Program, which sets new emission standards for new passenger cars and light-duty trucks in Pennsylvania. The program also requires automakers to make their overall fleet cleaner than would be required by the federal program.

EQB received 4,829 responses during the public comment period that included three hearings in March. Nearly all of the commentators supported the state program - which, at the time, was a record number of responses for a rulemaking in Pennsylvania.

Other approvals, including that by the Independent Regulatory Review Commission within 30 days, are needed before the EQB action is final.

Pennsylvania’s Clean Vehicles Program will cut as much as 12% in volatile organic compounds and 9% in nitrogen oxide emissions over the less stringent federal standards, and result in a 5% to 11% greater reduction of six toxic air pollutants, including benzene, a known carcinogen.

Two-thirds of Pennsylvanians live in the 37 counties that failed to meet more the protective eight-hour ozone standards and were designated as “nonattainment” by U.S. Environmental Protection Agency in 2004. Heart problems and respiratory problems, including asthma, are exacerbated by unhealthy air, which also can cause damage to crops, forests and wildlife.

Pennsylvania’s Clean Vehicles Program is absolutely essential to efforts to bring these counties into compliance. In order to qualify for redesignation as an ozone attainment area, the Department of Environmental Protection must demonstrate to EPA an area can maintain air quality at the required levels for the next 10 years as required under the federal Clean Air Act.

DEP recently petitioned EPA to redesignate Lancaster County from “marginal” nonattainment to attainment for the eight-hour ozone standards. The proposed maintenance plan includes additional emission reductions from the transportation sector.

Failure to meet clean-air standards hinders economic growth, because new businesses face steeper environmental hurdles to operate in places designated as being in nonattainment.

Business and industry in Pennsylvania already face strict emission regulations, with more to come under other new federal requirements. Because of all of these regulations, emissions from industry already are capped or declining. Fewer emission reductions from mobile sources would mean more reductions would need to be mandated for factories, power plants and manufacturers.

“Tailpipe standards cost little or nothing in the short term and overall save consumers money, making this the most cost-effective approach,” Environmental Protection Secretary Kathleen A. McGinty said.

The federal Clean Air Act allows individual states the choice of adopting EPA’s emissions standards or the tougher rules used in California. A growing number of states in the Northeast and the West Coast have been opting to follow California’s lead. Pennsylvania adopted the California standards in 1998.

Vehicles meeting the California standards are sold on the market today at the same price as those meeting the less strict federal standard. Moreover, in the coming years, consumers will save money over the life of these vehicles because they operate more efficiently.

The savings to consumers are estimated at about $3.50 to $7 per month in 2016 when the full program is implemented. These estimates were done with gasoline prices averaged at $1.74 per gallon. Gas currently costs above $2.50 a gallon.

Oregon Issues over $100,000 in Penalties in August

The Oregon Department of Environmental Quality (DEQ) announced 17 penalties totaling $103,491 in August. To date in 2006, DEQ has issued 112 penalties totaling $1,040,762. By the same time last year, DEQ had issued 94 penalties totaling $761,965.

The owners have appealed the penalty. DEQ issued a full news release detailing the penalty on Aug. 17. It is available on DEQ’s Web site at:

The penalties stem from a detailed, several-day inspection DEQ conducted at the site in 2005.

DEQ issued two penalties totaling $13,135 against the Oregon State Penitentiary for violations of Oregon’s hazardous waste laws. Specifically, the penitentiary failed to determine whether wastes it generated at the prison (including waste paint, sludge and waste rags) were hazardous. Also, the facility was cited for accumulating hazardous waste (paint and paint solvent wastes) at the site beyond the applicable 180-day limit. Oregon law requires that hazardous wastes generated at a site are properly monitored and managed so as to prevent their release into the environment. DEQ noted that the penitentiary was a longtime generator of hazardous waste and should have been familiar with the law. The penitentiary and Department of Corrections are currently registered as small-quantity generators of hazardous waste.

DEQ issued a $5,746 penalty to the Department of Corrections’ Oregon Corrections Enterprises operation, which uses inmate labor to perform a variety of services at prison facilities. According to DEQ, Oregon Corrections Enterprises failed to determine if solid wastes at the facility’s furniture shop and laundry maintenance room were hazardous wastes (waste solvents and solvent residues). DEQ also cited the operation for treating waste paint solvent in open containers, which has the potential to release volatile chemicals into the atmosphere. DEQ also noted that Oregon Corrections Enterprises treated fluorescent tubes by crushing them and disposing of them as solid waste, which is illegal.

After its initial July 2005 inspection, DEQ issued Oregon Corrections Enterprises a Pre-Enforcement Notice requesting it to take action to remedy hazardous waste violations noted at the prison, including storage and disposal issues. The operation did take several steps to alleviate the problems, and DEQ noted those efforts in calculating the penalty.

Penalties Announced By Oregon DEQ During August 2006

Date

Served

Responsible Party and Approximate Location of Violation

Violation(s)

Assessed Penalty Amount

Case Status

July 31

Jeffrey K. McCollum

Medford (Jackson County)

Open burning of prohibited materials (including roofing material, electrical wiring and plastic piping) at 4631 Griffin Creek Road in December 2005

$750

Paid 8/3/06

July 31

William Bernard Lagers

Estacada (Clackamas County)

Open burning of prohibited materials (including wire insulation, plastics, petroleum products, automotive parts and rubber products) at 31770 SE Lawrence Road in November and December 2005

$3,071

Entered into a settlement agreement 9/12/06

Aug. 2

A-DEC Inc.

Newberg (Yamhill County)

Allowing a person other than a licensed asbestos abatement contractor to perform an asbestos project during the renovation of a building on A-DEC property at 2601 Crestview Drive

$6,600

Appealed 8/17/06

Aug. 3

City of Madras

Madras (Jefferson County)

Violating waste discharge permit on Feb. 1, 2006 by discharging about 4,700 gallons of raw sewage into basement classrooms of Westside Elementary School as well as onto the ground surface at Third and G streets, due to a blockage in city’s sewage collection system

$687

Paid 8/30/06

Aug. 3

D.R. Johnson Lumber Co.

Prairie City (Grant County)

Violating its waste discharge permit, which allows log deck wastewater to be discharged in the John Day River, by submitting a monthly discharge monitoring report that did not include monitoring for total suspended solids, as required

$1,800

Paid 8/17/06

Aug. 5

Michael Brent Currie

Bandon (Coos County)

Open burning of prohibited materials (asphalt tiles) at 50280 Highway 101 South in December 2005

$1,521

Appealed 8/25/06

Aug. 7

Oregon Metallurgical Corp. (Oremet) dba/ATI Allvac

Albany (Linn County)

Failing to determine if residues generated at titanium and titanium-base alloy production and processing facility at 530 SW 34^th Ave. were hazardous ($2,010 penalty); transporting hazardous waste (spent X-ray fixer) for off-site shipment without a manifest ($2,000 penalty); failing to provide employees with hazardous waste training ($1,452 penalty)

$5,462 (total)

Paid 8/25/06

Aug. 10

Frederic Waugh dba/South Pacific Shell