In addition, the agency has also provided some new interpretations and revising some existing ones to help facilities comply with certain of the requirements under the Emergency Planning and Community Right to Know Act (EPCRA).
The new guidance became effective on July 13, 2010, and covers the following topics:
- Use of UST forms to fulfill Tier I reporting requirements
- Electronic submittal of Tier 2 reports
- Electronic access to MSDSs
- Emergency release notification
- Reporting exemptions for solids
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Residual Risk Studies for Several NESHAPS Underway
Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to conduct risk assessments on each source category subject to maximum achievable control technology (MACT) standards and determine if additional standards are needed to reduce residual risks. The section 112(f)(2) residual risk review is to be done within 8 years after promulgation. Section 112(d)(6) of the CAA requires EPA to review and revise the MACT standards, as necessary, taking into account developments in practices, processes, and control technologies. The section 112(d)(6) technology review is to be done at least every 8 years.
Residual risk studies are currently underway for:
Mandatory Reporting of Greenhouse Gases from Magnesium Production, Underground Coal Mines, Industrial Wastewater Treatment, and Industrial Waste Landfills
The four source categories listed above have been added to the list of source categories already required to report greenhouse gas (GHG) emissions to the EPA. This rule, which becomes effective on September 10, 2010, does not require control of GHG.
Review of the National Ambient Air Quality Standards for Lead
Under the CAA Amendments of 1977, EPA is required to review and if appropriate revise the air quality criteria for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years.
On November 12, 2008, EPA published a final rule to revise the primary and secondary NAAQS for lead to provide increased protection for public health and welfare. With regard to the primary standard, EPA revised the level to 0.15 micrograms per cubic meter (ug/m3) of lead in total suspended particles and the averaging time to a rolling 3-month period with a maximum (not-to-be-exceeded) form, evaluated over a 3-year period. EPA revised the secondary standard to be identical in all respects to the revised primary standard. EPA has now initiated the next review. The review began in May 2010 with a workshop to discuss key policy-relevant issues around which EPA would structure the review. This review includes the preparation of an Integrated Science Assessment, and, if warranted, a Risk/Exposure Assessment, and also a Policy Assessment Document by EPA, with opportunities for review by EPA’s Clean Air Scientific Advisory Committee and the public.
These documents inform the Administrator’s proposed decision as to whether to retain or revise the standards.
Electronic Reporting for Health and Safety Data under the Toxic Substances Control Act
EPA is developing a proposal to facilitate the use of electronic reporting under the Toxics Substances Control Act (TSCA). This action is intended to streamline and reduce the administrative costs and burdens of submitting health and safety data, for both industry and the EPA, by establishing standards and requirements using EPA’s Central Data Exchange (CDX) to electronically submit health and safety data to the Agency. Specifically, EPA is developing a proposal to amend the implementing regulations for submissions under Section 4, 8(e), and 8(d) of TSCA to facilitate the use of electronic reporting.
Alabama to Issue Construction Stormwater Permit
To improve, streamline, and economize the state’s construction stormwater program, the Alabama Department of Environmental Management (ADEM) has made the decision to replace the current permit-by-rule system with a general NPDES permit developed and administered under ADEM Administrative Code R-335-6-6-.23. The transition to a General Permit will begin with an initial draft permit which ADEM is making available for initial stakeholder review. In addition, ADEM will hold a series of workshops around the State later this summer to review the initial draft permit, answer questions, and receive initial feedback from stakeholders.
Hospital Fined Nearly $39,000 for Medical Waste Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized Boston Medical Center (BMC) $38,943.75 for solid waste violations involving the improper disposal of infectious medical waste at the Allied Waste transfer facility in Roxbury, Massachusetts.
MassDEP’s Environmental Strike Force (ESF) investigated a complaint on May 5, 2009 involving medical waste reportedly dumped on Howard Street in Roxbury. The material in question was not present when the ESF arrived, but through the use of nearby surveillance cameras, ESF determined that Boston Medical Center was transporting infectious medical waste to a nearby transfer facility on Norfolk Street, which is not licensed to accept or treat such waste.
ESF investigators over the next several months found that BMC was improperly shipping some of its infectious medical waste, including partially filled blood bags and material marked “biohazard” to the Norfolk Street transfer facility. BMC later explained that the normal practice of running this material through an autoclave—to sterilize or neutralize the material and then through a shredder—was not utilized due to a malfunction of this equipment.
“Transporting and disposing of infectious medical waste is a violation of the regulations that exist to protect public health and the environment,” said Pamela Talbot, director of the Environmental Strike Force at MassDEP. “Workers at the transfer station are not trained to deal with infectious waste and it could easily fall off during transport in a public thoroughfare and present an unacceptable risk to anyone who comes in contact with it.”
MassDEP has agreed to suspend $12,981.25 of the penalty if BMC drafts and implements disposal options that include an emergency, or contingency, plan if its first disposal option is not available. BMC will submit its revised plan to MassDEP and DPH by July 15, 2010.
Maine Lakes Experience Early Problems
Several Maine lakes, from York to Aroostook Counties, are turning green this year according to the Maine Department of Environmental Protection (DEP). Reports have come in to DEP about problems ranging from gooey thread-like masses of growth near the shore that typically last a few days, to lake-wide pea-green conditions that last weeks or months.
This excessive growth is an indicator that the water quality of Maine’s streams and lakes are in trouble.
DEP biologist Roy Bouchard states, “We know that an early thaw and warm water temperatures accelerate lake biology, sometimes to the point where lakes which usually don’t bloom have problems. Even shorelines that never had noticeable issues are experiencing sporadic blooms.”
“Many lakes showing these problems have been “on the edge” for years,” said Bouchard, “the result of development that builds up nutrients and sediment in our lakes. Many lakes have been waiting for the right weather to trigger a bloom, slowly getting worse without any warning until an exceptional year.”
“Whether a lake is changing or not, the climate is. The evidence is clear that Maine lakes have as much as two weeks less ice cover than before. Earlier ice out and warmer climate spell trouble for water quality, habitat, and wildlife,” according to Bouchard.
“Lakes are fragile, some more than others, but many are changing in unpredictable ways,” adds DEP biologist Barb Welch. “Soil erosion is the largest pollutant to impact Maine lakes. We need to stop feeding our lakes a diet high in soil and fertilizer regardless of climate change. The early ice out is showing us sooner which lakes are in trouble. What we do in our back yards does matter.”
Soil carries “hitchhiking” pollutants such as phosphorus, spilled oil and gas, fertilizer and pesticides. Phosphorus helps plants grow in the water, turning lakes green with algae blooms.
Simple things can be done like reducing or eliminating fertilizers and weed & bug killers in favor of raising the mower blade to 3” and leaving the clippings, a natural fertilizer, and stopping erosion on roads and driveways throughout lake watersheds. Welch encourages those on private roads to form associations to properly maintain their roads in order to protect their lake from the harmful effects of soil erosion. .
“We can also help make sure our communities do their share to protect lakes through Shoreland Zoning, good subdivision review, and managing town roads,” Welch added. “These are not only smart things to do, but look to our future as well.”
Pro Blast Technologies Fined for Alleged Air, Solid, and Hazardous Waste Violations
The Minnesota Pollution Control Agency (MPCA) and Pro Blast Technologies Inc., recently reached an agreement resolving the company’s alleged failure to obtain required solid waste permits or follow state air, hazardous, and solid waste permit requirements. As a result, Pro Blast agreed to pay a $6,000 civil penalty, fulfill all compliance requirements and spend at least $16,000 on a Supplemental Environmental Project (SEP) to reduce related dust emissions.
The company owns and operates a sandblasting and painting facility in Pengilly, Minnesota. The facility sandblasts and re-paints heavy equipment which generates air emissions and hazardous and solid wastes regulated by state permits.
MPCA staff inspected the facility in July 2009 and observed ineffective dust suppression equipment allowing sandblasting media to become airborne and be deposited off-site; improperly labeled and stored hazardous materials and waste; improperly stored solid waste, and no documentation of a required solid waste permit or a solid waste storage permit.
Pro Blast must complete all of the agreement’s requirements, including construction of a new facility with appropriate dust suppressions equipment as specified in the SEP by September 1, 2010.
Stipulation agreements are one of the tools used by the MPCA to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first time or repeat violation and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Minnesota law requires owners and operators of entities with the potential to generate air, hazardous and solid waste pollutants to have MPCA permits. They must also carefully monitor and maintain equipment because emissions exceeding state standards can degrade air, land, and water quality.
Illinois EPA Extends Provisional Variance from Environmental Requirement to Reckitt Benckiser
The Illinois EPA has granted Reckitt Benckiser Inc., an extension of its provisional variance allowing the company to continue selling its Air Wick® Freshmatic? Ultra air freshener to Illinois distributors. The extension of the provisional variance from the Illinois Administrative Code was necessitated by the continuing unavailability of its full demand of a key ingredient. The company makes and markets health and personal care products.
Reckitt Benckiser Inc., originally requested the provisional variance due to the temporary unavailability of a key ingredient of the aerosol, which is regulated under Illinois rules. The ingredient remains unavailable, since it is being diverted by the manufacturer to the Gulf region to aid in the oil spill response.
The provisional variance extension gives Reckitt Benckiser Inc., an additional 45-day relief, ending August 24, 2010, from Section 223.205 (a)(5)(A) of the Illinois Administrative Code. Reckitt Benckiser Inc., is required to submit a report detailing sales information of Air Wick? Freshmatic? Ultra air freshener to Illinois distributors during the 45-day extension period. Reckitt Benckiser Inc., must also submit information describing how the company will achieve compliance within the terms of the provisional variance.
The Illinois EPA has determined that the environmental impact from the provisional variance would be minimal, no reasonable alternative appears to be available, no federal regulations would prohibit granting the request, and the facility would face an arbitrary and unreasonable hardship if the Illinois EPA did not grant the requested variance. All other requirements will remain in effect.
Draft Modifications to Tractor-Trailer GHG Regulation Now Available
This document identifies the proposed changes to the regulation that were presented at recent public workshops held in the Central Valley, Sacramento, El Monte, and San Diego in June and July 2010. The proposed modifications include: an additional phase-in for large fleets, more flexibility for fleets to report, a storage trailer exemption, clarification of the drayage exemption, clarification of whether modifications to SmartWay verified equipment will comply with the Tractor-Trailer GHG Regulation, and other clarifying language.
U.S. Steel Agrees to Reduce Emissions at Illinois Plant
Illinois EPA Director Doug Scott has announced an agreement with United States Steel Corporation in Granite City, Illinois, on a major air pollution reduction plan that will make the steel making operations at the facility one of the best controlled operations in the country. U. S. Steel is the only integrated steel manufacturing facility in Illinois.
“This agreement demonstrates that the protection of Illinois jobs and public health can go hand-in-hand,” said Director Scott. “It is an example that cooperation between the Illinois EPA and the regulated community is a viable path for achieving environmental and other desirable goals.”
The agreement means that U. S. Steel will significantly boost their capture and control of air emissions at the plant by:
- Installing particulate matter emissions capture and control equipment to reduce particulate matter emissions.
- Meeting tighter particulate matter emission limits on operations throughout the steelmaking process.
- Performing enhanced monitoring for particulate matter emissions, including the installation, operation and maintenance of monitoring devices.
- Performing other emissions reduction projects, including the installation of equipment designed to increase capture of emissions and the evaluation of adding additional emissions capture and control equipment.
The agreement between U.S. Steel Granite City Works and the Illinois EPA represents a significant step forward in improving air quality in the area. Compliance monitoring of the NAAQS for the ambient fine particulate matter (PM2.5) started in 1999.
“Emission reductions from steelmaking included in the agreement are expected to lower the ambient particulate matter concentrations and improve the air quality conditions for the metropolitan St. Louis area in general and the Granite City area in particular,” said Dr. Jay Turner, Associate Professor for Energy, Environmental, and Chemical Engineering at Washington University in St. Louis. Dr. Turner has been conducting research into ambient particulate burdens and emission sources in the St. Louis area for more than a decade with funding from both the public and private sectors.
Particle matter pollution is a mixture of solid particles and liquid droplets found in the air. Many small particles made up of soot or smoke are able to be seen with the naked eye while others are so small, they can only be detected using an electron microscope. Particulate matter pollution can detrimentally impact both health and visibility.
Reductions in particulate matter benefits can mean fewer premature fatalities and a reduction in cases of chronic bronchitis, non-fatal heart attacks, respiratory, and cardiovascular disease and significant reductions in days of restricted activity due to respiratory illness. Further benefits include health improvements for children from respiratory illness, acute bronchitis, and asthma attacks. Fine particles such as PM2.5 are the major cause of reduced visibility, or haze, in parts of the United States, including many national parks and wilderness areas.
Iten Industries to Pay $30,000 Penalty for Violating Ohio’s Air Pollution Control Laws
In December 2007, Iten performed a test of the plant’s air pollution control equipment and discovered its thermal oxidizer (incinerator) failed to meet the required control and destruction efficiency limits for the combustion of volatile organic compounds (VOCs) emitted from the facility’s coating and mixing operations. Cracks in the oxidizer’s pre-heater tubes allowed uncombusted VOC emissions to escape to the atmosphere.
In May 2008, Iten performed major repairs to the oxidizer and a subsequent test showed the overall control and destruction efficiency increased from a pre-repair average of 75.5% to more than 98%. Based on the results, Ohio EPA informed the company it was back in compliance with Ohio’s air pollution control laws.
In the presence of sunlight, VOC emissions react with oxides of nitrogen to create ground-level ozone. Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion. It is one of six major air pollutants regulated by NAAQS designed to protect public health and welfare.
The civil penalty includes $12,000 to support state and local air pollution control programs, $12,000 to the Ohio Environmental Education Fund, and $6,000 to Ohio EPA’s clean diesel school bus program fund.
City of Tacoma to Pay Nearly $525,000 for Release of Ozone-Depleting Gases
The city of Tacoma will pay nearly $225,000 in penalties for the release of chlorofluorocarbons (CFCs) stemming from its refrigerated appliance disposal service, according to a consent decree lodged by the U.S. Department of Justice on behalf of the EPA. The city will also pay nearly $300,000 for new pollution-reduction projects in Tacoma.
From October 2004 to August 2007, The City of Tacoma Solid Waste Management Division processed more than 14,600 appliances to recover refrigerants. Due to a flawed purging process, an estimated 4,600 lb of refrigerant was released to the environment, according to the consent decree. The CFCs released in this case are equivalent to 32,000,000 lb of carbon dioxide, or approximately 530,000 roundtrip commutes between Tacoma and Seattle.
The releases were a violation of the federal CAA, which prohibits the release of CFCs to the environment. CFC refrigerants are a leading cause of ozone depletion, which contributes to climate change and has negative human health impacts, such as increasing the risk of skin cancer.
“Every pound of CFCs that enters the environment is a blow to the Earth’s protective ozone layer and a setback in controlling climate change,” said Dennis McLerran, Regional Administrator for EPA Region 10. “We expect any facilities that handle refrigerants to have sound practices for recovery.”
The city has agreed to take corrective action and conduct additional monitoring beyond the regulations to ensure that it is recovering a maximum amount of refrigerant from the disposal process.
In addition to the penalty, the city will fund several projects worth nearly $300,000 to reduce air pollution in the Tacoma area. These projects will reduce GHG emissions and particulate matter in the Tacoma area, which faces air quality challenges. These projects include:
- Replacement of one diesel waste collection truck from the city’s fleet of 50 with a truck powered by a hybrid technology that improves fuel efficiency.
- Replacement of one terminal tractor at the city’s landfill facility with a hybrid-electric terminal tractor to reduce diesel emissions.
- Retrofitting ten long haul diesel tractors with diesel particulate filters, which remove harmful particulate matter from diesel exhaust.
McWane Inc. Pays Millions to Resolve Environmental Violations at Manufacturing Facilities in 14 States
The EPA, the Justice Department, and the states of Alabama and Iowa announced that McWane Inc., a national cast iron pipe manufacturer headquartered in Birmingham, Alabama, has agreed to pay $4 million to resolve more than 400 violations of federal and state environmental laws.
“In addition to meeting its environmental obligations and taking corrective measures, McWane will go beyond compliance and take action to protect communities that are at the greatest risk for air and water pollution,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The additional environmental projects included in the settlement will protect children, pregnant mothers, local residents and workers from harmful pollution and are an example of securing public health and environmental benefits in addition to those achieved by compliance with our nation’s environmental laws.”
“This is a comprehensive settlement that brings McWane into full environmental compliance at twenty eight facilities nationwide, and imposes a penalty on the company for its civil environmental violations at those facilities over the past decade,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “As a result of this agreement, McWane has completely re-engineered its environmental management systems to ensure that it remains in compliance, and has committed over $9 million to environmental projects that will remove significant amounts of pollutants from the environment and benefit the surrounding communities.”
The $4 million civil penalty will be divided among the United States, Alabama, and Iowa. The environmental projects McWane will perform will address stormwater contamination at numerous locations; reduce mercury emissions in Provo, Utah and Tyler, Texas; reduce volatile organic compounds (VOCs) emissions in Bedford, Indiana and Anniston, Alabama; and enhance air quality in Coshocton, Ohio. Additionally, McWane has already undertaken corrective measures to resolve the violations, at a cost of more than $7.6 million.
The settlement resolves civil violations over the past decade of the CAA, the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Toxic Substances Control Act (TSCA), the Safe Drinking Water Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as alleged by the United States, Alabama, and Iowa in the complaint.
As part of the settlement, the United States also required McWane to develop and implement a corporate-wide environmental management system (EMS) to promote environmental compliance, achieve pollution prevention and enhance overall environmental performance. The EMS was implemented prior to this filing and is now complete. The agreement now requires McWane to conduct an audit of the EMS to evaluate the adequacy of the system. In addition, McWane has modified its corporate-wide stormwater pollution prevention plan and will develop or upgrade facility-specific plans as part of the agreement.
At its Coshocton, Ohio iron foundry, McWane will operate a cupola furnace, which is a particulate emissions source, in accordance with its newly revised CAA Title V permit. The consent decree further establishes operating conditions and emission limits for the furnace, and is separately enforceable by EPA.
McWane manufactures cast iron pipes, valves, fittings, fire hydrants, propane and compressed air tanks, and other similar products. As a result of its manufacturing processes, McWane emits pollutants, such as particulate matter, VOCs and mercury at various facilities. Mercury is a known neurotoxin and exposure to it has been linked to adverse human health effects, particularly neurological disorders. VOCs include a variety of chemicals, some of which may have short- and long-term adverse health effects. Particulate matter can aggravate lung diseases, cause asthma attacks and may increase susceptibility to respiratory infections. The environmental projects included in the settlement will result in reduction of more than 4,000,000 lb of pollutants annually. The corrective measures and supplemental environmental projects included in the McWane settlement will benefit communities in North Birmingham and Anniston with environmental justice concerns.
In the past, multiple McWane divisions and facilities have been the subject of criminal investigations that have resulted in five federal prosecutions. As a result, the company has paid more than $23 million in criminal fines and penalties and spent approximately $5 million on environmental projects. Company executives have been sentenced to prison terms of up to 70 months and the company and certain executives have been placed on probation.
The proposed settlement agreement, lodged in the U.S. District Court for the Northern District of Alabama, Birmingham Division, is subject to a 30-day public comment period and approval by the federal court.
Spirit AeroSystems, Inc. to Pay $132,500 for Hazardous Waste Violations
Spirit AeroSystems. Inc., has agreed to pay a civil penalty of $132,500 to the United States to settle a series of alleged violations of federal hazardous waste management regulations at its manufacturing facility. The company manufactures fuselages, under-wing components, composites, wings, and spare parts for large jet engine aircraft at its facility at 3810 S. Oliver in Wichita, Kansas, which was formerly part of Boeing Commercial Airlines.
According to a consent agreement and final order filed in Kansas City, Kansas, EPA Region 7 staff conducted an inspection of the Wichita plant in July 2006 and noted a series of violations of RCRA, which regulates the generation, transportation, treatment, storage, disposal, and management of hazardous wastes.
The EPA inspection found that Spirit AeroSystems had offered hazardous waste for transport without a proper manifest, and failed to perform hazardous waste determinations on primer-coated machine residue, industrial wastewater sludge, and chromium primer spillage.
Spirit AeroSystems’ operations in Wichita generate significant quantities of hazardous waste, including industrial wastewater treatment filter sludge, primer residue waste containing chromium and cadmium, tetrachloroethylene and trichloroethylene (TCE) waste from degreasers, and hazardous waste oil. Currently, the Kansas Department of Health and Environment is overseeing the investigation and remediation of TCE at the site as a result of historical manufacturing activities at the facility when it was owned by Boeing Commercial Airplanes.
As part of the settlement, Spirit AeroSystems has certified that its Wichita facility is now in full compliance with RCRA and its regulations.
Summit Builders Construction Co. to Pay Over $100K for CAA Violations
EPA has fined Summit Builders Construction Co., based in Maricopa County, Arizona, $105,610 for allegedly failing to comply with CAA regulations. In addition to the monetary fine, Summit is also required to take steps to minimize the generation of dust at its construction sites.
“Air pollution from particulate matter directly impacts the health of the community. It’s an especially serious issue in Maricopa County, where air quality does not meet the federal standard,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest region. “EPA will not tolerate companies who fail to comply with dust control regulations. We are working closely with local air quality agencies to enforce rules to protect the community from airborne dust.”
“Air quality is a concern for many who live in and travel through Maricopa County. The resolution of this case provides for positive measures which will help improve air quality in the future,” stated Dennis K. Burke, U.S. Attorney, District of Arizona.
In 2006 and 2007, the Maricopa County Air Quality Department (MCAD) inspected five commercial construction projects in Maricopa County and uncovered eight violations for failing to perform various measures required to reduce particulate matter emissions, such as:
- Failure to install a trackout control device to remove particulate matter from vehicles;
- Failure to immediately clean up dirt that is tracked more than 50 feet beyond the site;
- Failure to operate a water application system during earthmoving operations; and
- Failure to comply with the dust control plan.
In addition to the penalty, Summit is required to train employees in basic dust control; document such training; and employ qualified dust controls at larger work sites for two years.
Maricopa County exceeds the national health standard for particulate matter, PM-10 (one-seventh the width of a human hair), and has been classified by the EPA as a serious non-attainment area. In May 2010, EPA denied Arizona’s claim that dust storms caused the high pollution readings in Phoenix. Because of this, Arizona must submit an adequate plan to EPA on how they plan to come into attainment for PM-10. Failure to do so will result in a freeze to the state’s federal transportation funds.
Particulate matter affects the respiratory system. Particle pollution is a complex mixture of extremely small particles and liquid droplets in the air. When breathed in, these particles can reach the deepest regions of the lungs, and is linked to a variety of significant health problems—ranging from aggravated asthma to premature death in people with heart and lung disease. The elderly, children, and people with chronic lung disease, influenza, or asthma are especially sensitive to high levels of particulate matter.
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Trivia Question of the Week
More than half of the new power production capacity installed in the US in 2009 was from:
a. Renewable sources, such as wind and solar
b. Nuclear
c. Coal
d. Natural gas
