The rule will reduce emissions of mercury; arsenic; chromium; nickel; and acid gases, including hydrochloric acid (HCl) and hydrofluoric acid (HF). It includes revisions to the New Source Performance Standards for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units to address emissions of particulate matter (PM), sulfur dioxide (SO2), and nitrogen oxides (NOx). The rule also includes numerical emission limits for mercury, PM, and HCl. It sets work practice standards for organic air toxics, including dioxin/furan, which include an annual performance test program for every unit, to include inspection, adjustments and maintenance, and repairs in order to provide optimal combustion.
EPA estimates that the rule will prevent 90% of the mercury in coal burned in power plants from being emitted; decrease 88% of acid gas emissions from electric utilities; and reduce 41% of SO2 emissions from power plants, beyond the reductions from the Cross-State Air Pollution Rule.
A memorandum from the President to the Administrator of the EPA directs EPA to perform certain activities related to the implementation of the MATS rule to address concerns with respect to electric reliability while assuring MATS’ public health benefits. These actions include:
- Implementing the flexibility built into the regulation;
- Promoting early, coordinated, and orderly planning for the execution of the measures needed to implement the MATS Rule while maintaining the reliability of the electric power system; and
- Making available to the public information related to any additional time needed for a facility to come into compliance with the MATS Rule:
Cleveland, Ohio RCRA and DOT Training
Cary, North Carolina 24-Hr and 40-Hr HAZWOPER Courses
RCRA, DOT, IATA/IMO and SARA Title III Training Coming to Raleigh, North Carolina Area
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
How to Author GHS Safety Data Sheets
OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS).
- January 27, 2012
- February 29, 2012
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
Workplace and supplier hazard communication labels are being reinvented as OSHA adopts the new Globally Harmonized System (GHS) for labeling hazardous chemicals.
- February 3, 2012
- March 1, 2012
New Refrigerant Rules Now Effective in California
California Air Resources Board (ARB) began enforcement of new refrigeration regulations that apply to about 2,000 facilities with greater than 2,000 lbs of a refrigerant that has a significant impact on global warming.
The ARB’s regulations are part of a range of measures developed under California’s climate change law (). In addition to paying $370 annual dues, the affected businesses have until March 1 to register with the ARB and submit an annual report on their refrigerant usage. The affected facilities must also operate a leak detection system.
In January of 2014, about 8,500 facilities with between 200 and 2,000 lbs of high-GWP (global warming potential) refrigerant will be required to register, report on usage, and pay an annual fee of $170; and in January of 2016, about 15,500 facilities with greater than 50 but less than 200 lbs must register but won’t have to pay a fee or submit reports.
ARB regulations that apply to any business using more than 50 lbs of refrigerants with high GWP were launched in January of 2011. These include periodic leak inspection, repairs, retrofit or retirement plans, required service practices, and recordkeeping; and any detected leaks must be repaired within 14 days of discovery. Refrigerants subject to the rule include, but are not limited to: R-12, R-22, R-134a, R-404A, R-407C, R-410A, and R-507. These high-global warming refrigerants are thousands of times more potent than carbon dioxide in trapping the Earth’s heat in the atmosphere. Refrigeration systems that use ammonia or carbon dioxide are not subject to the rule. Air conditioners and other systems used exclusively for cooling building occupants do not need to be registered, but are still subject to required service practices.
Registration opens January 2012.
Proposed NESHAP for Area Sources: Industrial, Commercial, and Institutional Boilers
On March 21, 2011, EPA promulgated national emission standards for the control of hazardous air pollutants from two area source categories: industrial boilers, and commercial and institutional boilers. EPA is proposing for reconsideration specific elements and accepting public comment on those elements. EPA is also proposing a limited number of amendments to the final rule. In addition, the EPA is proposing amendments and technical corrections to the final rule to clarify some applicability and implementation issues raised by stakeholders subject to the final rule. Comments must be received on or before February 21, 2012.
Waste Haulers and Solid Waste Management Facilities No Longer Allowed to Dispose of Electronic Waste in New York
Effective January 1, 2012, private and public waste haulers/transporters and solid or hazardous waste management facilities are no longer allowed to dispose of electronic waste, such as televisions, computers, computer peripherals, etc., in a solid or hazardous waste management facility located in New York state.
Private and public waste haulers/transporters, in accordance with the New York State Electronic Equipment Recycling and Reuse Act, are prohibited from collecting electronic waste, unless it is destined for recycling/reuse. The law also requires private and public waste haulers/transporters using waste management facilities in the state, as well as the owners or operators of such facilities, to provide their customers with written information regarding available options for recycling unwanted electronic equipment. In addition, owners and operators of solid or hazardous waste management facilities must post signs in conspicuous locations at the facilities stating the new law.
As part of this newly enacted product stewardship law, waste management facilities and waste haulers/transporters have a vital role in educating their customers on the opportunities available for recycling electronic waste. Proper recycling of unwanted electronic equipment diverts thousands of pounds of waste from landfills and incinerators; keeps toxins such as lead, mercury, and cadmium from potentially contaminating the air, water, and soil; and conserves natural resources when valuable materials are reclaimed and reused, rather than using virgin materials.
The New York Department of Environmental Conservation (DEC) has been overseeing implementation of the law which shifts end-of-life costs of managing electronic waste from municipalities to product manufacturers and strongly encourages consumers to make use of the numerous free and convenient recycling opportunities available to them as part of this new law.
Essroc Cement Company to Pay $1.7 Million Penalty to Resolve Clean Air Act Violations
The Department of Justice and EPA have announced that Essroc Cement Company has agreed to pay a $1.7 million penalty and invest approximately $33 million in pollution control technology to resolve alleged violations of the Clean Air Act (CAA) at six of its Portland cement manufacturing plants. The settlement will protect Americans’ health by reducing more than 7,000 tons of harmful nitrogen oxides (NOx) and sulfur dioxide (SO2) pollution each year that can lead to childhood asthma, acid rain, and smog. Essroc has also agreed to spend $745,000 to mitigate the effects of past excess emissions from its facilities.
“These comprehensive measures at multiple Essroc facilities will achieve substantial reductions in harmful air pollution and result in cleaner, healthier air for many people across the country,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “This will bring Essroc into compliance with the nation’s Clean Air Act and marks significant progress in addressing the nation’s largest sources of air pollution and protecting the most vulnerable among us, especially children and the elderly, from respiratory and other health problems.”
“EPA is committed to cutting illegal air pollution from the largest sources of emissions,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The pollution controls required by today’s settlement will reduce harmful air pollutants, protecting communities across the nation.”
. If successful, these will be the first SCRs used on long wet kilns anywhere in the world. Essroc will also permanently retire its sixth plant, located in Bessemer, Pennsylvania. This plant is currently out of operation and its permanent retirement will ensure that the facility does not restart without proper permitting under the CAA.
The settlement also requires Essroc to spend $745,000 on a mitigation project to replace old engines in several off-road vehicles at its plant sites. The replacement engines are estimated to achieve approximately a 50–80% reduction in nitrogen oxides in each engine.
These pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near the Essroc plants, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.
The states of Indiana and West Virginia, and the Commonwealths of Pennsylvania and Puerto Rico, are also signatories to this consent decree. The settlement was lodged in the US District Court for the Western District of Pennsylvania and is subject to a 30-day public comment period and final court approval.
California Semiconductor Operations Reporting Form and Form Instructions Now Available
Pursuant to title 17, California Code of Regulations, section 95324(a), owners and operators of semiconductor operations must submit annual emissions report to the permitting agency (local air district) no later than March 1st of each year. This report must quantify the monthly and annual emissions from semiconductor operations conducted during the previous calendar year.
The semiconductor regulation is designed to reduce greenhouse gas (GHG) emissions from semiconductor operations and was adopted pursuant to the California Global Warming Solutions Act of 2006 (Health & Safety Code, sections 38500 et. seq.). The regulation became effective January 1, 2010.
The form was developed to simplify reporting for industry, promote consistency in reports, and lessen the review time for district personnel. The use of this form is not mandatory; its use is voluntary.
EPA Finalizes 2012 Renewable Fuel Standards
EPA has finalized the 2012 percentage standards for four fuel categories that are part of the agency’s Renewable Fuel Standard program (. EPA continues to support greater use of renewable fuels within the transportation sector every year through the RFS2 program, which encourages innovation, strengthens American energy security, and decreases GHG pollution.
The Energy Independence and Security Act of 2007 (EISA) established the RFS2 program and the annual renewable fuel volume targets, which steadily increase to an overall level of 36 billion gallons in 2022. To achieve these volumes, EPA calculates a percentage-based standard for the following year.
- Biomass-based diesel (1.0 billion gallons; 0.91%)
- Advanced biofuels (2.0 billion gallons; 1.21%)
- Cellulosic biofuels (8.65 million gallons; 0.006%)
- Total renewable fuels (15.2 billion gallons; 9.23%)
Last spring EPA had proposed a volume requirement of 1.28 billion gallons for biomass-based diesel for 2013. EISA specifies a one billion gallon minimum volume requirement for that category for 2013 and beyond, but enables EPA to increase the volume requirement after consideration of a variety of environmental, market, and energy-related factors. EPA is continuing to evaluate the many comments from stakeholders on the proposed biomass based diesel volume for 2013 and will take final action next year.
Overall, EPA’s RFS2 program encourages greater use of renewable fuels, including advanced biofuels. For 2012, the program is implementing EISA’s requirement to blend more than 1.25 billion gallons of renewable fuels over the amount mandated for 2011.
Tractor-Trailer GHG Regulation Registration Deadline for Large Trailer Fleets to be Extended
The California Air Resources Board (ARB) has issued Advisory MSC 11-39 to notify stakeholders that ARB is extending the registration and first year compliance deadlines for Option 2 of the Large Fleet Compliance Plan to a future date that will be determined through an upcoming regulatory process. This extension would provide fleets that have not already registered to use a compliance option under the regulation to participate in Option 2 of the Large Fleet Compliance Plan.
The regulation requires tractor-trailers operating in California to use tractors and box-type trailers that utilize certain aerodynamic equipment and low rolling resistance tires, as verified by the US EPA SmartWay program, to meet specified fuel efficiency improvements.
The regulation establishes specific compliance deadlines for trailers based on fleet size and model year. Specifically, large fleets (with 21 or more trailers) may either:
- Bring all their pre-2011 model year trailers into compliance by January 1, 2013, or
- Phase-in compliance over several years, if they registered by the registration deadline.
Two phase-in options were available:
- Option 1 allowed a six year phase-in (from 2010 through 2015), if large fleets registered by July 1, 2010.
- Option 2 allowed a five year phase-in (from 2011 through 2015), if large fleets registered by July 1, 2011.
Advanced Cleanup Technologies Fined for Hazardous Waste Violations
The facility operates as a hazardous waste transporter which can store hazardous waste for up to 10 days without a permit. Wastes stored without a permit included contaminated soil, mercury, jet fuel, solids contaminated with ethyl mercaptan, oily debris, and corrosive cleaners.
Two Found Guilty in Civil and Criminal Contempt Stormwater Case
On December 9, the New York State Supreme Court in Greene County found Fless 5 Development, Inc., and its CEO Shane Klein of Brooklyn guilty of criminal and civil contempt by virtue of their violation of a court-ordered stipulation that required the defendants to comply with stormwater permitting requirements, New York State Department of Environmental Conservation (DEC) Commissioner Joe Martens has announced.
The court found that the two defendants failed to complete seven site stabilization measures, failed to hire a qualified engineer to conduct site inspections, and failed to submit required stormwater retention pond evaluation plans by the deadlines agreed to in the court-ordered stipulation. The stormwater permitting violations occurred in the town of Hunter, New York.
“We are pleased the court affirmed the need to act responsibly when dealing with stormwater run off and erosion controls,” Martens said. “Corporations and individuals must not defy the law and cut corners in protecting the state’s water quality. Violators like these whose actions degrade our state’s environment must be held accountable. Thanks to the collaborative effort between DEC, New York City Department of Environmental Protection (DEP) and the Attorney General’s Office we were able to address this long-standing environmental offense.”
The court ordered Fless 5 Development to pay $75,000 ($37,500 to DEC and $37,500 to DEP) for failure to complete several stormwater practices that would stabilize construction at the site. The lack of any erosion and sediment controls at the site resulted in substantial water quality violations that impacted several waterbodies including the Schoharie Creek. Prior to resorting to court enforced remedies, DEP worked with the defendants to implement appropriate stormwater measures for nearly three years.
“The Court’s decision sends a strong message that compliance with state water pollution laws is not optional,” said Attorney General Eric T. Schneiderman. “I’d like to thank our partners, the Department of Environmental Conservation and the New York City Department of Environmental Protection, for their efforts in securing this order.”
“New York City’s upstate reservoirs supply half the state’s population with the best drinking water in the world,” said DEP Commissioner Carter Strickland. “Because the value of protecting this invaluable resource cannot be understated, DEP provides technical advice and guidance to local businesses and individuals to ensure they are complying with DEP’s regulations. However, when necessary, we will pursue available legal remedies to protect this resource on behalf of our customers, and I want to thank the New York City Law Department, DEC and the Attorney General’s Office for enforcing the laws that are so critical to water quality.”
Shane Klein was ordered to pay $50,000 for the civil contempt charge because he signed the court-ordered stipulation that the court found was violated and therefore Klein was held personally liable for his acts. Both Klein and Fless 5 Development were also ordered to pay an additional $10,000 criminal contempt fine for failure to comply with the court-ordered stipulation.
This case is the result of a cooperative agreement between DEC and DEP to conduct stormwater enforcement in the New York City watershed. DEC and DEP have independent authority in the New York City watershed to investigate and address violations of certain provisions of federal, state, and New York City law. This agreement allows DEC and DEP to better use their respective resources by eliminating duplication of efforts in the investigation and enforcement of environmental rules and regulations.
The violations in this case date back to 2006 and have been on-going since that time. The $50,000 fine Shane Klein must pay will be used to hire a contractor to do the work necessary to bring the site into full compliance with stormwater regulations. The case was argued for DEC by Assistant Attorney General Michael Myers and by Linda Geary of the New York City Law Department for the New York City DEP.
Industry Coalition to Limit E-Waste Exports Grows
The Coalition for American Electronics Recycling (CAER) announced that Sims Recycling Solutions has joined the industry effort to support federal legislation that the group says will restrict export of toxic electronic waste (e-waste) from the US and spur creation of tens of thousands of jobs through expansion of the domestic recycling industry. In the House of Representatives, 13 co-sponsors have announced support for the bill, including six Republicans and seven Democrats.
Also supporting the legislation are Hewlett-Packard, Dell, Apple, Samsung, Best Buy, and LG.
“Our members are committed to growing an American industry with the capacity to manage e-waste generated within our borders and the potential to create tens of thousands of jobs in every part of the country.”
Introduced in June, the Responsible Electronics Recycling Act (HR 2284/SB1270) would restrict e-waste exports to developing countries that lack adequate safeguards for the environment and workers. There is growing bi-partisan support for the bill as additional co-sponsors have joined the bill in recent weeks. To support Representative Gene Green (D-TX), the lead House sponsor of the bill, 13 co-sponsors now include: Mike Thompson (D-CA), Lee Terry (R-NE), Steve LaTourette (R-OH), Anna Eshoo (D-CA), Blake Farenthold (R-TX), Charlie Gonzalez (D-TX), Mazie Hirono (D-HI), Dennis Ross (R-FL), Zoe Lofgren (D-CA), Grace Napolitano (D-CA), Jeff Denham (R-CA), Jim Costa (D-CA), and Gus Bilirakis (R-FL). In the Senate, similar legislation is co-sponsored by US Sens. Sherrod Brown (D-OH), Sheldon Whitehouse (D-RI), and Lisa Murkowski (R-AK).
CAER’s emergence represents a major split in the recycling industry regarding e-waste exports. The industry’s primary trade association, the Institute of Scrap Recycling Industries (ISRI), has long opposed restrictions on e-waste exports. By joining CAER, ISRI members are breaking with the trade association’s position and taking a stand in support of export restrictions on unprocessed electronic products that will create jobs and protect the environment. Three of the seven companies on the CAER steering committee are also ISRI members, including Sims Recycling Solutions, Electronic Recyclers International, and Hugo Neu.
“Unrestricted and unfair trade in electronic scrap with developing countries has thwarted the job growth that can come with a robust domestic recycling infrastructure,” said CAER steering committee member David Zimet, President of Hesstech. “The Responsible Electronics Recycling Act will enable American recyclers to make new investments in facilities and staff and personnel necessary to legitimize and grow an American industry and position America as a leader in global markets.
Pennsylvania DEP Accepting Applications for Governor’s Environmental Excellence Awards
The Pennsylvania Department of Environmental Protection (DEP) is encouraging environmentally-conscious businesses and organizations to apply for the 2012 Governor’s Environmental Excellence Award.
“This award is a gem because it recognizes environmental innovation, which makes a business or organization more competitive and efficient,” DEP Secretary Mike Krancer said. “The winners are creating a brighter and cleaner future for all Pennsylvanians. We want to showcase them as role models and say, ‘Thank you.’”
The award is open to any Pennsylvania business, government agency, educational institution, individual, or farm that has created or participated in the development of a project that promotes environmental stewardship and economic development in the state.
Eligible projects include environmental technology innovation, clean energy innovation, pollution prevention and resource efficiency, community revitalization, environmental education or outreach, watershed stewardship, and mine safety, among others.
Projects will be evaluated based on applicants’ demonstration of how their project will protect the environment, teamwork, public service, environmental education and outreach, pollution prevention, economic impact—including potential job creation, and the use of innovation technology.
The project must have been completed between August 1, 2010, and July 31, 2011. While each candidate may submit only one application for a particular project, companies with multiple facilities may submit an application for each facility.
Projects that have previously received a Governor’s Award for Environmental Excellence are not eligible for this award, though past winners may submit applications for new projects for consideration.
Each project will be reviewed by a committee of DEP employees. Recipients of the award will be honored during an evening reception and the winning projects will also be listed on DEP’s website.
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Trivia Question of the Week
Which of the following ingredients is in most lipstick?a. Bisphenol A
b. Styrene
c. Hexachlorobenzene
d. Fish scales
