á
Nicanor Lotuaco, president and co-owner of Air Power Enterprises, Inc. of Norfolk, Va., was sentenced Jan. 25 in U.S. District Court Eastern District of Virginia to five months in prison followed by five months home detention and 36-months supervised release. He was also fined $1 million. Lotuaco's co-defendants, ACS Environmental, Inc., its president, James Schaubach, and Air Power Enterprises, Inc., have not yet been sentenced.
All defendants previously pleaded guilty in June 2005 to one count of conspiracy, pursuant to plea agreements. Criminal information was also filed in June 2005 charging ACS Environmental, Schaubach, its president, Air Power Enterprises, and Lotuaco, with one count of conspiracy to defraud EPA, the Small Business Administration, and the Department of Labor's Occupational Health and Safety Administration. It was alleged that the defendants obtained numerous false environmental training certificates from a Virginia company named F&M Environmental Technologies, Inc., and used the certificates as part of their contract submittals to Department of Defense agencies, NASA, and local governmental agencies in order secure environmental abatement and remediation contracts. Additionally, it is alleged that Air Power Enterprises, Lotuaco, and Schaubach violated provisions of the Small Business Administration's minority-owned business program. The alleged crimes occurred from 1998 through 2000.
EPA Releases Second National Assessment of Toxic Air Pollutants
EPA has released a new tool to guide further local, state and federal steps to cut toxic air pollution and build upon the significant emissions reductions achieved since 1990.
"Since 1990, we've significantly cut toxic emissions and risks in the United States," said Acting EPA Assistant Administrator for Air and Radiation Bill Wehrum. "This tool will help EPA and states refine our understanding and approaches to further reduce air toxics. With strong industrial standards already in place, our efforts to cut risks from toxic pollution will rely on more advanced technology, more sophisticated analysis, and enhanced cooperation among federal, state and local agencies."
The US has made significant progress in reducing air toxics from industry, fuels and vehicles, and indoor sources. Since the Clean Air Act was amended in 1990, EPA has issued 96 standards for 174 different industrial sources of air toxics, including chemical plants, oil refineries, aerospace manufacturers and steel mills. The agency also has issued regulations for 15 categories of smaller sources, such as dry cleaners, commercial sterilizers, secondary lead smelters and chromium electroplating facilities. Together, these standards are projected to reduce annual emissions of air toxics by about 1.7 million tons from 1990 levels when fully implemented. These reductions are not fully reflected in this assessment, however, because a number of these regulations took effect after 1999.
Vehicles and fuels also emit air toxics. EPA's current and future fuels and vehicles programs will reduce air toxic emissions by another 2.4 million tons in 2020, compared to 1990 levels.
NATA is not designed to be used as the sole basis for regulatory action. The results of the assessment, however, will help EPA and state and local air quality regulators identify pollutants and sources of greatest concern and set priorities for addressing that pollution. NATA also will help identify areas where EPA needs to collect additional information to improve the understanding of risks from air toxics exposure.
NATA covers 177 of the Clean Air Act's list of 187 air toxics plus diesel particulate matter. For 133 of these air toxics (those with health data based on chronic exposure) the assessment includes estimates of cancer or non-cancer health effects including non-cancer health effects for diesel particulate matter.
EPA develops NATA in cooperation with state and local environmental agencies, which provide key information about air toxics emissions.
The assessment estimates that in most of the United States people have a lifetime cancer risk from air toxics between 1 and 25 in a million. This means that out of one million people, between 1 and 25 people have increased likelihood of developing cancer as a result of breathing air toxics from outdoor sources, if they were exposed to 1999 levels over the course of their lifetime (70 years). The assessment estimates that most urban locations have an air toxics lifetime cancer risk greater than 25 in a million. Risk in transportation corridors and some other locations is greater than 50 in a million. In contrast, one out of every three Americans (330,000 in a million) will develop cancer during a lifetime, when all causes (including exposure to air toxics) are taken into account.
The second NATA expands on EPA's first national-scale assessment with a more complete emissions inventory and the latest health effects information. The first assessment, based on 1996 data, was release in 2002. The methods used for the assessments were peer-reviewed and endorsed by EPA's Science Advisory Board in 2001.
EPA plans to develop new national-scale assessments as inventory data from subsequent years become available. The next such analysis will focus on exposure and risks from 2002 emissions.
Zapped by High Energy Bills? Go for a Cool Roof
á
Most of the homes in Philadelphia have roofs coated with hot tar or black rolled asphalt. Sturdy material but it does nothing to cool down temperatures during a summer heat wave.
This produces lower interior temperatures and reduces cooling costs by up to 50%.
Not only does the technology reduce energy costs, it also benefits the environment. Reduced energy demand means less burning of fossil fuels. That's a good thing because fossil fuels create the air pollution associated with smog, acid rain, and global climate change. By reducing the amount of energy needed to cool buildings, Cool Roofs help reduce these air pollutants.
On Feb. 24 EPA Regional Administrator Donald S. Welsh saluted retailer, Target, for its use of the Cool Roof technology on most of the chain's 1,397 stores in 47 states, including 20 in the Delaware Valley.
"Target is to be commended for its environmental leadership," said Donald S. Welsh at Target's new Bridesburg store. "Homeowners and businesses are starting to realize that there are economic benefits to protecting the environment."
Welsh added that there are health benefits, as well. "For the elderly and others who cannot afford air conditioning, the Cool Roof technology reduces the temperatures inside, which will help lower the number of people who suffer from heat stroke each year."Target has a long history of energy conservation. In addition to using Cool Roof technology, Target also uses high-efficiency heating and cooling systems in all its stores, uses low water flow plumbing fixtures, uses redesigned light fixtures that use three fluorescent light tubes instead of the standard four, regularly recycles everything from cardboard to shopping carts.
Cool Roof coatings are white liquids - the consistency of thick paint - applied over an existing roof structure. They can be applied over a traditional roof to achieve energy savings, an extended life span, and protection from weathering and ultraviolet radiation. The new surface can last 10 to 20 years, depending on coating quality and the thickness applied. Home and building owners should ensure that the underlying roofing is sound before a coating is applied because the coating is not intended to plug leaks or otherwise improve the structure of a roof.
á
EPA Adds New Tool to Help Air Quality Agencies Meet Fine Particle Standards
. Wood smoke, including smoke from woodstoves, contains fine particle pollution, also known as fine particulate matter, or PM2.5. Woodstoves manufactured before 1992 can be a significant source of fine particle pollution in some communities. Air quality agencies implementing voluntary woodstove changeout programs may get a credit of up to six% of the total emission reductions required to meet or maintain the air quality standards. EPA will review requests for additional credit on a case-by-case basis.
Contractors Ordered to Remove Demolition Waste from Ariz. River
á
The EPA ordered a construction company and their subcontractor to remove large volumes of demolition waste from the San Pedro River in Pomerene, Ariz.
á
In 2003, Triumph Builders supervised demolition and disposal activities for a new school construction project in Benson, Ariz. Triumph's subcontractor, D. Fenn Enterprises, Inc., transported solid waste materials from the project -- including broken concrete, asphalt, metal re-bar, soil, metal and PVC pipes, and vegetative debris -- to the San Pedro River, and illegally dumped the waste into the river without consultation or authorization from state or federal regulatory agencies.
While the river is seasonally dry in the reach affected by the dumping, flows can be high in wet weather. The debris can cause serious problems downstream including impaired water quality, water hazards due to storm debris, and damage to the health of riparian forests and habitat for sensitive species.
"The San Pedro River is a beautiful and much-valued resource for both Mexico and the U.S.," said Alexis Strauss, director of the EPA's Water Division for the Pacific Southwest region. "The EPA will be vigilant in overseeing restoration of this damaged area, and protecting the river for generations to come."
Under the order, Triumph Builders and D. Fenn Enterprises must remove the waste from the river, transport it to an authorized landfill and restore the river to its natural condition.
The San Pedro River is Arizona's largest undammed river, and is considered one of the most significant perennial undammed desert rivers in the United States. The ecosystem of the river supports 400 species of migratory birds -- half of the U.S. total -- 40 species of reptiles and amphibians, and 80 species of mammals. The site of the Fenn violation is downstream of the San Pedro River National Conservation Area.
EPA Settles with Minnesota Landlords on Lead-Based Paint Disclosure Violations
EPA Region 5 has settled with IRET Properties (owner) and Weis Management Corp. (property management) for allegedly failing to warn tenants of four rental apartment buildings in Rochester, Minn., that their homes may contain lead-based paint hazards.
The landlords will pay a civil penalty of $6,799 and replace 52 windows in four rental properties in Rochester.
"These settlements send a strong signal to all landlords, management companies and home sellers that they have a legal obligation to inform tenants and buyers about potentially dangerous lead in their properties," said Region 5 Administrator Thomas V. Skinner.
The Federal Lead-based Paint Disclosure Rule requires that landlords and sellers of housing constructed prior to 1978 provide tenants and buyers with general and property-specific lead-hazard information and include a lease or contract clause so new residents can affirm receipt of the lead warnings.
Boston's John Hancock Tower Tops New England's ENERGY STAR Class of 2005
á
One of the most prominent buildings in Boston's skyline is now also a symbol of energy efficiency. Boston's John Hancock Tower, an icon of modern architecture owned and managed by an affiliate of Beacon Capital Partners, LLC, has earned EPA's ENERGY STAR Label for superior energy performance in 2005.
Beacon Capital Partners, LLC, also earned an Energy Star label for two other landmark buildings in the John Hancock Tower Complex in 2005 - buildings at 200 Berkeley and 197 Clarendon made significant energy efficiency improvements. These Boston architectural icons join a 2005 class of more than 880 buildings earning the ENERGY STAR Label nationwide - by far the largest group to receive the distinction since the program began in 1999.
"Beacon Capital Partners has shown that office buildings of different generations - whether modern or classic - can achieve high energy efficiency," said EPA Regional Administrator Robert W. Varney. "Earning ENERGY STAR recognition means more than just our applause. It means these leaders have shown innovation, good management and a commitment to leading the way with a new generation of environmentally-preferable building management. They are showing that energy efficient buildings make great sense both for our environment and the bottom line."
Designed by I.M. Pei and completed in 1976, the 2.2 million square foot John Hancock Tower, at more than 60 stories and 790 feet tall, is the tallest building in New England. It scored an impressive 77 out of 100 on ENERGY STAR's national performance rating system. Together with 200 Berkeley and 197 Clarendon, the John Hancock Tower Complex comprises nearly 3.2 million square feet of space.
Compared to similar buildings with average energy performance, EPA calculates that the John Hancock Tower used almost one-third less energy, saving more than $3.5 million dollars each year in energy bills. When a building uses less energy, it generates less pollution. Commercial buildings account for more than 17% of our nation's greenhouse gas emissions, according to EPA figures. EPA estimates that the John Hancock Tower avoided more than 30 million pounds of carbon dioxide emissions in 2005, and conserved enough energy to power more than 1700 homes for a year.
These buildings must score a 75 or better (on a scale from 1-100) based on their actual energy use, and also meet industry standards for comfort and indoor air quality. The average score for ENERGY STAR labeled buildings in 2005 is 86.
Harodite Faces Penalty for Chemical Spill
á
Harodite Industries, a Taunton, Mass., textile finishing company may be ordered to pay nearly $40,000 for violating federal water pollution control and chemical release notification laws during an accidental spill of hazardous chemicals last year.
According to a complaint filed recently by EPA's New England regional office, Harodite violated the Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and the Emergency Planning and Community Right-to-Know Act (EPCRA) after a sodium hydroxide solution spilled into the soil on March 2, 2005. Some of the sodium hydroxide then flowed into the Three Mile River, which abuts Harodite's textile finishing mill. Under the complaint, Harodite may be subject to a fine of $38,540.
Harodite reported the spill on March 7, 2005, five days after the release had occurred. Company officials said they did not discover the release until March 7, but EPA claims that, even after discovering the problem, the company's notification to both the National Response Center and the Local Emergency Planning Committee was unnecessarily delayed.
Harodite, which treats, bleaches, dyes and waterproofs fabrics, has separate above-ground storage tanks for sodium hydroxide and sodium silicate. A chemical vendor making a delivery of 2,000 gallons of sodium hydroxide solution on March 2, 2005 incorrectly attached the delivery line to an intake pipe for sodium silicate. The incoming sodium hydroxide entered the sodium silicate tank, mixed with it, and overflowed through a ventilation pipe onto the ground outside the building and then to the Three Mile River.
According to Harodite, the problem was discovered five days later when employees tried to take sodium silicate from the sodium silicate tank and found the pipes or valves to be clogged. Harodite estimated that 860 gallons of sodium hydroxide solution were released to the soil, and that 15% of this reached the river.
EPA inspectors visited the site on March 7, 2005 and determined that Harodite:
- discharged sodium hydroxide to the Three Mile River without a permit, in violation of the Clean Water Act
- failed to immediately notify the National Response Center after acquiring knowledge of the release, in violation of CERCLA
- failed to immediately notify the Local Emergency Planning Committee, in violation of EPCRA
"These violations are an example of the dangers of not preparing adequately," said Robert W. Varney, regional administrator of EPA's New England office. "It's very important that individuals and companies follow the appropriate industry practices related to bulk chemical deliveries and that they adhere to standard safety systems. If there is a problem, it's critical that the appropriate emergency responders be notified immediately to quickly address any risks to human health or the environment."
EPA Reaches Agreement with Trialco on Clean-Air Violations
EPA Region 5 has reached an agreement with Trialco Inc. on alleged clean-air violations at the company's aluminum-recovery in Chicago Heights, Ill.áá
The agreement, which includes two environmental projects costing $426,000 and a $20,000 penalty, resolves an EPA complaint alleging that Trialco failed to comply with testing, operating, monitoring, notification, recordkeeping and reporting requirements of the Clean Air Act. Secondary aluminum plants must test for emissions of dioxins and furans, both hazardous air pollutants.
Trialco will spend $26,000 to do a series of tests to show how ammonia gas injection can neutralize hydrochloric acid and to measure its result on dioxin emissions. Trialco will also spend $400,000 on evaluating technologies to reduce combustion emissions from its furnaces and on selecting and installing a technology that will reduce these emissions by one third to one half.
EPA Cites Stroh Die Casting for Clean-Air Violations
EPA Region 5 has cited Stroh Die Casting Co. Inc. for alleged clean-air violations at the company's plant in Milwaukee, Wis.
EPA alleges that Stroh failed to do performance testing on its furnaces used for melting coated aluminum returned by its customers and that it failed to comply with notification and recordkeeping requirements. The alleged violations occurred between January and November 2004. Secondary aluminum plants must test for emissions of dioxins and furans, both hazardous air pollutants."
EPA's mission is to protect public health and the environment," said Regional Administrator Thomas V. Skinner. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."
á
Man Sentenced to 37 Months in Jail for Mishandling Hazardous Waste
á
Behzad Kahoolyzadeh, a west Los Angeles man, was sentenced on Jan. 25 in U.S. District Court in Los Angeles to 37 months in jail and forced to pay $1.29 million in cleanup costs for conspiracy to improperly store and transport dangerous chemicals, primarily the dry cleaning solvent perchloroethylene (PERC).
Kahoolyzadeh, who also used the names Behzad Cohen and David Cohen, pleaded guilty on March 4, 2004, to conspiracy on two counts of the illegal transportation of hazardous waste and two counts of illegally storing hazardous waste.Kahoolyzadeh was associated with a company called AAD Distribution and Dry Cleaning Services, Inc. (AAD), based in Vernon, Calif. The company was one of the largest handlers of dry cleaning waste in California until it was shut down in Jan. 2001. It charged dry cleaners to pick up, treat and arrange for the disposal of a hazardous dry cleaning compound known as PERC, a cancer-causing chemical. To hide permit violations from city and state inspectors, Kahoolyzadeh and his partners conspired to load drums filled with PERC waste onto trucks before inspections. They then shipped the drums off-site and stored them at facilities that were not permitted to store hazardous wastes. Manifests for these shipments were falsified to conceal the illegal shipments.
Kahoolyzadeh's co-defendant, Hormoz Pourat, vice president of AAD, was also previously sentenced to 37 months in federal prison and ordered to pay $1.29 million in restitution for conspiring to violate hazardous waste laws.
EPA Settles for $25,000 with Southern California Paint and Coating Manufacturer for Failing to Submit Timely Toxic Reports
á
The EPA recently reached a $25,000 settlement with a southern California company for allegedly failing to submit toxic chemical reports, a violation of the Emergency Planning and Community Right-to-Know Act.
Engineered Coating Technology, Inc., located at 2838 East 54th Street in Vernon, Calif., allegedly failed to submit timely, complete, and correct reports detailing the amounts of n-butyl alcohol, ethyl benzene, toluene and xylene released at its facility during calendar years 2001, 2002 and 2003. EPA inspectors discovered the violations during a routine inspection in April 2005.
"Facilities that use toxic chemicals such as n-butyl alcohol, ethyl benzene, toluene or xylene must follow our reporting rules so that area residents and emergency response personnel are informed of possible chemical hazards in the local environment," said Enrique Manzanilla, Communities and Ecosystems Division Director for EPA's Pacific Southwest region. "This penalty should remind others that we are maintaining a close watch over chemical reporting practices and are serious about enforcing community right-to-know laws."
Engineered Coating Technology, Inc., exceeded these thresholds in 2001, 2002 and 2003, and failed to submit release reports to EPA for any of these years.
Engineered Coating Technology, Inc., processes n-butyl alcohol, ethyl benzene, toluene or xylene in connection with its paint and coating manufacturing operations. Exposure to these chemicals can irritate the skin, nose and throat, and can cause nausea, dizziness, headache and vomiting.
Each year EPA compiles the information submitted to it from the previous year regarding toxic chemical releases and produces a national Toxics Release Inventory database for public availability. This TRI database includes detailed information on nearly 650 chemicals used by over 23,000 industrial and federal facilities.
á
EPA Settles with Fiber-Tech Engineering for Failing to Submit SARA Title III Form R Reports
á
The EPA recently reached an $8,500 settlement with a southern California company for allegedly failing to submit toxic chemical reports, a violation of the Emergency Planning and Community Right-to-Know Act.
Fiber-Tech Engineering, Inc., located at 611 Rock Springs Road in Escondido, Calif., allegedly failed to submit timely, complete, and correct reports detailing the amounts of styrene released at its facility during calendar years 1998, 1999, 2000 and 2001. EPA inspectors discovered the violations during a routine inspection.
"Facilities that use toxic chemicals such as styrene must follow our reporting rules so that area residents and emergency response personnel are informed of possible chemical hazards in the local environment," said Enrique Manzanilla, Communities and Ecosystems Division Director for EPA's Pacific Southwest region. "This penalty should remind others that we are maintaining a close watch over chemical reporting practices and are serious about enforcing community right-to-know laws."
Federal community right-to-know laws require facilities processing more than 25,000 lbs. of styrene to report releases of these chemicals on an annual basis to EPA and the state. Fiber-Tech Engineering, Inc., exceeded these thresholds in 1998, 1999, 2000 and 2001, and allegedly failed to submit release reports to EPA for any of these years.Fiber-Tech Engineering, Inc., processes styrene in connection with its fiberglass/resin manufacturing operations. Exposure to this chemical can irritate the skin, eyes, and respiratory system. Severe exposure can affect kidney functions.
á
EPA Settles Clean Water Act Case against Dlesk Realty for Filling Stream
á
Dlesk Realty and Investments, LLC, of Wheeling, W.Va. has agreed to pay a $5,000 penalty as part of a settlement with the EPA over alleged violations of the Clean Water Act relating to the unlawful discharge of fill material into a stream during the construction of an industrial park.E
PA cited Dlesk Realty for violating regulations that require a permit from the U.S. Army Corps of Engineers before dredged or fill material may be discharged into a waterway. This requirement protects waterways, and preserves their environmental, recreational, and economic functions - including flood control, water filtration, and wildlife habitat.
The alleged violations occurred in May 2004 at a construction site for an industrial park. According to EPA, Dlesk Realty allowed the filling of about 890 linear feet of stream located near U.S. Route 88 (two miles west of Interstate-70, Elm Grove Interchange) in Wheeling.
In a consent agreement with EPA, Dlesk Realty agreed to pay a $5,000 penalty and will also apply for a permit with the Army Corps of Engineers. This "after the fact" permit will require mitigation of the adverse effect on waterways caused by the alleged violation.
New Britain, Conn. Pays Fines for Wastewater Violations at City's Facilities
á
The City of New Britain, Conn. will pay $50,000 to resolve violations of the federal Clean Water Act. The administrative enforcement action stems from improper discharges of vehicle maintenance wastewaters at the City's Dept. of Public Works and other facilities where municipal vehicles were washed and maintained.
The violations involve New Britain's failure to obtain required permits for wastewater discharges from its vehicle washing operations at several City facilities to its stormwater collection system, which discharges into Willow Brook and ultimately to the Mattabasset River. The City also failed to obtain the required Connecticut Department of Environmental Protection permits for discharges from its vehicle maintenance areas to the municipal wastewater collection system. These actions resulted in the discharge of oil and grease, surfactants, solids and other pollutants.
In 2002, the City participated in an EPA self-auditing initiative. During that audit, New Britain reported a number of violations of clean water laws by various City entities including the Dept. of Public Works, the Water Dept., the Fire Dept. and the Dept. of Parks and Recreation to EPA. The violations occurred when the City discharged vehicle maintenance wastewater and vehicle wash waters to sanitary sewers and storm sewers without the required treatment facilities and without the necessary National Pollutant Discharge Elimination System and Connecticut Department of Environmental Protection permits.
To address the violations, the City reconfigured its drainage and sanitary sewer systems at the various facilities to ensure that vehicle maintenance discharges are properly channeled. New Britain also constructed a vehicle wash bay at its Department of Public Work's facilities to wash its vehicles. Upon completion of the remaining reconfiguration of the drainage and sanitary sewer systems at two of the City's Parks and Recreation facilities, the City will apply to the CTDEP for the necessary vehicle maintenance and storm water general permits.
á
EPA is accepting public comments on its agreement with the Town until March 16, 2006.
á
PA Announces State-Specific Mercury Reduction Plan
á
Governor Edward G. Rendell announced a state-specific mercury reduction proposal to protect and grow the market share for Pennsylvania bituminous coal while ensuring vastly greater protections to improve the environment and keep residents healthy and safe.
á
The DEP unveiled the proposal in a meeting with members of a workgroup created specifically to help identify key issues that a state-specific rule must address. DEP Secretary Kathleen A. McGinty will testify at 10 a.m. Thursday, Feb. 23 before the House Environmental Resources and Energy Committee on mercury reduction efforts.
á
The proposed rule achieves at least 90% mercury reduction by 2015 --- a reduction that is nearly 40% greater and achieved in less time than under the federal rule --- and preserves market share for bituminous coal by presuming compliance for electric generating units that burn 100% bituminous with advanced air control technologies.
á
The plan also enables utilities to meet the state-specific standards without forcing them to take any additional actions beyond what they already have to do to meet other new federal air quality requirements. Mercury-specific controls are not required, and emissions trading is prohibited to protect against toxic "hot spots" of mercury contamination
á
"Pennsylvania's state-specific rule removes unfair economic barriers to preserve the marketplace for Pennsylvania's coal industry," McGinty said. "It puts in place standards that are more protective of public health and the environment than the federal rule. And, it enables utilities to comply with the rule without demanding any additional technology beyond what already is needed to meet other federal air quality requirements."
á
The EPA's mercury reduction rule for new and existing coal-fired power plants became final in May 2005 and took effect July 18. Pennsylvania and several other states have filed lawsuits challenging the rule as insufficiently protective of public health. The cases also oppose EPA's subcategorization of coal types that encourages fuel switching.
á
The federal rule requires little or no reductions from units using sub-bituminous coal mined in the West and places the most stringent requirements on coal mined here in Pennsylvania --- a feature that actually is contrary to achieving maximum mercury reduction. Bituminous coal generally contains more mercury than sub-bituminous coal. But it also contains more chlorine, and chlorine enhances the removal efficiency of mercury control technology. So, controlled bituminous coal is "cleaner" with respect to mercury than uncontrolled sub-bituminous coal.
á
Owners and operators of utilities in Pennsylvania and across the nation are beginning to examine ways to comply with EPA's two-phased Clean Air Interstate Rule (CAIR) to reduce nitrogen oxide and sulfur dioxide emissions. To comply with CAIR, these facilities will have to install selective catalytic reduction systems, electrostatic precipitators and wet scrubbers on their coal-fired units. While these technologies are developed to reduce other emissions, they realize significant collateral reductions in mercury.
á
Pennsylvania's state-specific rule presumes compliance for any existing electric generating unit combusting 100% bituminous coal and using the air pollution control technologies mandated by CAIR. This enables utilities to realize the co-benefits of mercury reduction through the installation of CAIR-required control technology, and they will be able to do so without having to install new, specialized equipment to reduce mercury.
á
EPA's rule calls for coal-fired utilities to reduce mercury emissions by 70% by 2018. Pennsylvania's rule will result in a 90% reduction by 2015.
á
All of this is accomplished without embracing the federal government's misuse of a cap-and-trade program to achieve mercury reductions. The federal Clean Air Act of 1990 expressly prohibits trading for toxics like mercury. Unlike other air contaminants that disperse broadly, mercury concentrates locally, creating toxic "hot spots" of contamination.
á
Just last week, EPA-funded research showed that nearly 70% of the mercury collected at an Ohio River Valley monitoring site originated from nearby coal-burning industrial plants. Other recent studies had similar findings. In addition, accumulation of mercury in aquatic ecosystems has resulted in 45 states, including Pennsylvania, issuing fish consumption advisories. Our commonwealth has advisories for 80 waterways.
á
"Although Pennsylvania is a strong proponent of trading and other market mechanisms in the appropriate context, allowing such a program for this highly toxic pollutant compromises the integrity of trading and jeopardizes its legitimate use as an effective tool to achieve cost-effective reductions when used in appropriate situations," McGinty said.
á
Pennsylvania has 36 coal-fired power plants with 78 electric generating units that represent 20,000 megawatts of capacity. These units accounted for approximately 77% of the more than 5 tons of mercury emitted into the air from all contamination sources in the commonwealth, ranking us second only to Texas in terms of total mercury emissions and third behind Texas and Ohio, respectively, for mercury emissions from electric generating units.
á
Mercury is a persistent, bio-accumulative neurotoxin that can remain active in the environment for more than 10,000 years. It endangers pregnant women, children, subsistence fishermen and recreational anglers who are most at risk for health effects that include brain and nervous system damage in children and heart and immune system damage for adults.
á
On Aug. 16, the state's Environmental Quality Board approved the Department of Environmental Protection's recommendation to initiate a process to develop state-specific regulations to control mercury emissions in Pennsylvania.
á
Connecticut, Massachusetts, New Jersey and Wisconsin have state-specific plans in place. Illinois, Indiana, Maryland, Michigan, Minnesota, Montana, New Hampshire, New York, North Carolina, Ohio and Virginia all have regulatory actions or legislation pending. This brings to 15 the number of states that have or are about to adopt state-specific mercury reduction plans.
á
Texas Revises Hazardous Waste Regulations
á
The Texas Commission on Environmental Quality recently revised Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, Subchapters A and B.
á
Delaware Issues New Air Regulations for Stationary Generators
á The regulations have an effective date of January 11, 2006, 10 days after publication of the final regulations in the January Register of Regulations. The new regulation and amendments will help improve Delaware's ambient air quality in various ways: the regulation establishes operating requirements, fuel sulfur content limits, and record-keeping requirements for stationary generators.
á
Abundance of Organic Waste Could Help Power Washington State
á
Nearly 50% of the energy that Washington state residents use now could come from a new source in our own back yard, according to a report released by the Department of Ecology in Spokane.
á
The Biomass Inventory and Bioenergy Assessment was a multi-year project, conducted by Washington State University (WSU) in collaboration with and funded by the state Department of Ecology (Ecology). The goal was to find out if enough "biomass," or organic-waste materials, are available and if it is economically feasible to use them for energy production in Washington.
á
The report will be presented at the Harvesting Clean Energy Conference in Spokane, on Feb. 27. The conference will take place at the Red Lion Hotel at the Park, W. 303 North River Dr.
á
Biomass is a combination of forest, farm and processing residue from harvested crops, animal waste and municipal organic waste. Energy is produced through combustion or anaerobic digestion. Anaerobic digestion means breaking down organic waste by using bacteria in an oxygen-free environment.
á
According to the report, Washington state has an annual production of approximately 17 million tons of under-used biomass, which is capable of producing more than 15.5 billion kilowatt hours of electrical energy or nearly 1,800 megawatts of electrical power. Gov. Chris Gregoire and other state leaders are very interested in alternative energy production.
á
Researchers identified, categorized and mapped 45 potential sources in Washington. The categories included field residues, animal manures, forestry residues, food packing and processing waste, and municipal wastes.
á
"The abundance and the location of these organic resources should get us thinking even more seriously about developing renewable fuels and energy strategies within our state," said Ecology Director Jay Manning. "Coincidentally, the way the resources are distributed seems to align geographically with areas of the state where we need new business and new jobs."á Producing the energy where the biomass is located can save transportation costs.
á
Biomass could be converted to energy, fuel or products through simple combustion and anaerobic digestion. Anaerobic digesters use biomass to produce methane, which can be used as natural gas to heat homes and businesses, or can be converted to electricity.
á
"Whether it is from agricultural or forest residues or from perennial grasses and other plants specifically grown as energy crops, there is an emerging opportunity for Washington to contribute substantially to the nation's energy needs through the production of bioproducts, biopower, and biofuels," said Ralph Cavalieri, director of Washington State University's Agricultural Research Center.
á
Cellulose or plant materials were by far the most widely available materials reported. Ethanol fuel from cellulose is another key opportunity that may be possible. Creating energy from biomass could reduce greenhouse-gas emissions, benefit water quality and solve some solid-waste disposal problems, according to the report.
á
MassDEP Penalizes Everett Company, Tanks-A-Lot, $47,450 for Hazardous Waste, Industrial Wastewater Violations
á
The Massachusetts Department of Environmental Protection (MassDEP) has penalized an oil tank removal company, J.J. Holmes & Sons, Incorporated (d.b.a. "Tanks-A-Lot") $47,450 for hazardous waste and industrial wastewater violations found at its 110 School Street property in Everett.áá
A multi-media inspection by MassDEP on May 11, 2005 found the company was operating as a large quantity generator of waste oil and serving as a facility for the treatment, storage and disposal of waste oil, but was not registered to perform either of these functions.á The service bay of the Everett facility also had a floor drain which discharged to an unknown point.á Such drains may violate environmental regulations due to the potential of causing a release of oil and hazardous material to the environment.
"As a company that provides tank removal services, J.J. Holmes and Sons, deals extensively with oil and hazardous materials, and the proper handling, storage and shipment of these materials is essential in order to protect workers, residents and the environment," said Richard Chalpin, director of MassDEP's Northeast Regional Office in Wilmington.
In addition to the penalty and correcting numerous other labeling and storage violations, the company must take immediate steps to investigate the discharge point of the floor drain and determine whether a release of oil or hazardous material to soil and/or groundwater/surface water has occurred.ááá
The company will pay $20,000 of the penalty and MassDEP has agreed to suspend the other $27,450 if the company complies with all terms of the consent order.á In 1998, MassDEP had found similar hazardous waste violations at another J.J. Holmes & Sons Inc. facility in Somerville at 155 Sycamore Street and those violations were resolved under a separate consent order.
MassDEP is responsible for ensuring clean air and water, safe management of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.
á
Michigan to Inform Residents Informed When Oil and Gas Spills Occur
á
The Michigan DEQ has issued a directive to oil and gas producers clarifying notification requirements for oil or gas spills under Michigan's cleanup law. The directive is in response to concerns expressed by several citizens that property owners may not be receiving adequate notice when spills occur.
á
"Our focus is to work closely with the oil and gas industry to prevent spills from occurring," said DEQ Director Steven E. Chester. "But the bottom line is that when they do occur, the public has a right to know, and a right to understand the risks involved."
á
Under the new DEQ directive, an oil or gas producer who is responsible for a spill must notify the owner of the property if a spill results in hazardous substances in the soil or groundwater that exceed statewide cleanup criteria. The directive spells out the applicable cleanup criteria and the specific information that must be reported. In accordance with existing cleanup rules, notification is required within 45 days of the spill. Producers are also required to notify owners of property adjacent to the oil and gas site if a spill migrates onto or underneath their property.
á
Michigan's oil and gas regulations also require producers to report spills to the DEQ unless the spill volume is less than 42 gallons, occurs when a representative of the producer is present, and is cleaned up within one hour. DEQ staff monitors all spill incidents and assures that proper action is taken to prevent damage to the environment or to public health.
á
KDHE Seeks Applications for Pollution Prevention Awards Program
á
The Kansas Department of Health and Environment (KDHE) encourages businesses, community organizations and individuals to apply for the 2006 Pollution Prevention Awards and Recognition Program. The application deadline is June 16. Pollution Prevention (P2) includes many activities that reduce or prevent the generation of pollutants and waste.
á
"There are some very innovative individuals, businesses and organizations in our state that are making a difference in pollution prevention," said KDHE Secretary Roderick L. Bremby. "We encourage these individuals and groups to apply so we can recognize them for their efforts and model their achievements to inspire others. Kansas is a beautiful state and we must all work together to reduce pollution so Kansas can continue to be a healthy place to live for generations to come."
á
An independent committee of university staff and community and business representatives will judge the applications. KDHE will make the final awards. Applications are not competitive.
á
KDHE recognizes applicants that demonstrate exceptional leadership in environmental stewardship in six categories. Applicants should define their achievements accordingly.
á
Pollution Prevention: Awards are presented for projects that use source reduction processes or techniques to reduce pollution releases to air, water and land. This includes changing the process, material or technology to reduce waste.
á
Energy Efficiency: Awards are presented for projects or programs that reduce energy consumption or show the benefits of a renewable resource or technology.
á
Technology Innovation: Awards are presented for projects or programs that develop or apply new and innovative technologies to improve environmental quality and protect public health and safety.
á
Environmental Management System: Awards are presented for projects or programs that show compliance assurance, source reduction, energy and natural resource conservation from the implementation of an environmental management system.
á
Recycling: Awards are presented for projects or programs that encourage the reuse or recycling of industrial and municipal waste, with emphasis given to on-site reuse or recycling.
á
Education and Outreach: Awards are presented to projects or programs that show significant results in environmental protection. Emphasis will be given to those projects or programs that are being replicated by others. Programs may be external, such as outreach or media campaigns, or may be internal programs such as employee education programs.
á
Applications must be submitted for the awards program by June 16. Awards will be presented at the annual Kansas Environmental Conference in August. For more information, contact the KDHE Small Business/Community Support - Bureau of Environmental Field Services, Division of Environment at 1-800-357-6087,
Trivia Question of the Week
á
Which of the following are classified as Universal Waste by the US EPA?
a.á Electronic waste
b.á Cathode ray tubes
c.á áUsed oil
d.á Shop towels
á
