The federal government began a partial shutdown because Congress has not yet adopted appropriations legislation to fund the government for FY 2014. Among the agencies that have ceased operating is EPA. State and local agencies generally reported that the short-term impacts of an EPA shutdown would likely be minimal. However, while the effects of a longer-term shutdown are still unknown, many agencies predicted that the impacts would be troubling. These include, among others, delays in monitoring, permitting, SIP development, enforcement, rule development and emissions inventory work; an inability to report and/or retrieve essential data from EPA databases; delays in the issuance of grant funds; cessation in certain permitting work; and furloughs of staff.
US Senator Barbara Boxer, Chairman of the Environment and Public Works Committee, Senator Ben Cardin, Chairman of the EPW Subcommittee on Water and Wildlife, and Senator Bill Nelson (D-FL) were joined by representatives from several organizations last week to highlight how families and communities are being impacted by the shutdown of the federal government. The speakers discussed how critical services, including the cleanup of toxic waste sites, the operation of wildlife refuges, investment in the transportation sector, and the investigation and prevention of chemical explosions and disasters, are being negatively affected by the shutdown.
Senator Boxer said, "The American people deserve the peace of mind to know that the air is clean and the water is safe and the places that our children play will not cause them harm. The longer the shutdown continues, the greater the damage will be. There is a simple solution—we need to end the shutdown and open the government now."
Senator Cardin said, "It is incredible that anyone would stand for the gutting of the agency that ensures that our water is safe for swimming, fishing, and drinking, and that protects us from the hazardous pollutants that cause asthma, and that rids our communities of toxic chemicals. This shutdown is hurting the public health. It is making us unsafe. It is hurting our economy in Maryland and communities across the country. It must end."
Senator Nelson said, "What do you think is happening to all the small businesses around the country that rely on tourism from our national parks and wildlife preserves?"
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
New York Attorney General Leads Coalition Suing EPA For Failing To Adequately Limit Pollution From Residential Wood Heaters
In the legal papers, Schneiderman's coalition contends that the EPA's existing emissions limits, which haven't been revised in 25 years, are outdated and leave out popular types of residential wood heaters—including outdoor wood boilers, which have proliferated in many areas of New York.
“EPA's regulations simply haven't kept pace with the proliferation of wood-burning devices or the availability of cleaner-burning units. Smoke from residential wood-burning heaters poses a serious health threat, especially in New York’s rural communities,” Attorney General Schneiderman said.
Wood smoke contains several pollutants, including fine particulate matter (soot), that are linked to serious public health impacts, including asthma attacks, heart attacks and premature death. Wood smoke can also cause short-term effects such as eye, nose, throat and lung irritation, and shortness of breath. According to recent EPA data, soot emitted from wood-burning devices comprises 13% of all soot pollution in the country. Moreover, several studies have found that residential wood combustion is responsible for potentially dangerous short-term spikes in soot air pollution, especially in rural areas.
Under the Clean Air Act, EPA must set pollution emission limits, called New Source Performance Standards or NSPS, for categories of emission sources that “cause, or contribute significantly to, air pollution which may reasonably be anticipated to endanger public health and welfare.” Importantly, the agency must review and, as appropriate, revise these limits at least every eight years to ensure they keep pace with advances in pollution control technologies. The limits apply to new or substantially modified sources
In 1988, EPA concluded that pollutants in wood smoke endanger public health and that residential wood heaters must be regulated under the Clean Air Act's NSPS provision. That same year, the agency set a NSPS limit for soot emissions by these devices. At the same time, EPA exempted heating devices that fall under the category of “boilers.” These 1988 standards remain on the books today, despite the development of much cleaner-burning stoves and the proliferation of outdoor wood boilers for residential heating.
A 2008 study by the New York State Attorney General's Office’s Environmental Protection Bureau found that outdoor wood boilers emit far more soot than other residential wood heaters—about 12 times as much soot as EPA-certified wood stoves, 1,000 times as much as oil furnaces and 1,800 times as much as gas furnaces. According to the report, the annual rate of outdoor wood boiler sales in the state probably increased threefold between 1999 and 2007, with an estimated 14,500 units sold in the state during those years.
Since the adoption of NSPS limits in 1988, three eight-year review periods mandated by the Clean Air Act have come and gone (1996, 2004, 2012) without the agency completing even one review of the limits. In the absence of EPA limits, the agency has established a voluntary program to encourage the purchase of cleaner-burning outdoor wood boilers. However, that program has not proven effective.
Joining Attorney General Schneiderman in the suit are the states of Connecticut, Maryland, Massachusetts, Oregon, Rhode Island and Vermont, as well as the Puget Sound Clean Air Agency. The coalition's suit, which was filed recently in US District Court in Washington, D.C., asks the court to find the EPA in violation of the Clean Air Act and order the agency to promptly review, propose, and adopt necessary updates to the NSPS for residential wood heaters as required by the act.
UL Announces New Recycled Plastics Program
UL (Underwriters Laboratories) recently announced the launch of a new recycled plastics certification and validation program that enables resin manufacturers to demonstrate compliance with environmental regulations and sustainability claims.
This program will help product manufacturers specify recycled materials with confidence, enabling them to create more sustainable products, and achieve their sustainability and business goals; as well as enabling end users to make smarter, more environmentally preferable purchasing decisions.
The UL Recognition program for recycled plastics uses proven scientific analysis and testing to evaluate plastic compounds with post-consumer or post-industrial content for compliance to UL 746D (Standard for Safety for Polymeric Materials—Fabricated Parts). This rigorous and innovative testing approach enables a recognized resin to have the same level of acceptability in an end-product application as a virgin compound. In essence, it allows for a resin which has been made with a certain percentage of recycled plastics to be substituted for a virgin plastic in end-use applications where compliance to UL 746C (Standard for Safety of Polymeric Materials—Use in Electrical Equipment Evaluations) is required.
"UL has built a new framework by which Component Recognition of Recycled plastics is feasible, and we are providing plastic manufacturers a clear path to establishing certified recycled plastics for high performance applications, such as in electronics, automotive, medical, and photovoltaic products. Through this expansion of our plastics program we are enabling our customers to confidently position high-performance sustainable materials in the market to differentiate themselves," said Todd Denison, Vice President and General Manager of the Chemicals Division. "It also reinforces UL's commitment to helping our customers provide safe and sustainable products to the global marketplace." Using established standards and by following rigorous validation testing processes UL is committed to working with industry stakeholders to increase the viability and availability of more sustainable and compliant products.
Maryland Department of Environment Issues Enforcement Actions
The Maryland Department of the Environment recently announced major enforcement actions in recent months for alleged violations of State and federal environmental laws to protect public health and the land, air, water and wetlands resources.
“The Maryland Department of the Environment's top priority is to protect public health and our environment. A consistent baseline of enforcement action prevents further pollution and risks to public health,” said MDE Secretary Robert M. Summers. “The majority of Maryland businesses comply with environmental laws. A strong and fair enforcement program protects our investment in the environment as well as the health and quality of life of all Maryland residents.”
Massachusetts Country Club Assessed $115,860 Penalty, Required to Restore Impacted Wetland Areas
The Massachusetts Department of Environmental Protection (MassDEP) has issued a penalty of $115,860 to Hampden Country Club, LLC, for violations of wetlands and waterways regulations resulting from construction activities that occurred on club property from late 2012 to the present. Under a settlement with MassDEP, the country club is required to complete restoration of all rivers, streams, ponds, and freshwater wetlands that were altered without permits during construction.
In response to a complaint, MassDEP conducted an inspection of the site adjacent to Watchaug Brook in Hampden on December 24, 2012. MassDEP observed that golf course reconstruction activity, involving heavy equipment was occurring within the brook without a wetlands permit from the town. The country club also failed to secure federal and state wetland permits as required. In January 2013, MassDEP issued an order ceasing all work in regulated resource areas and requiring site stabilization to prevent erosion.
Further investigation by MassDEP staff, in coordination with representatives from the US Army Corps of Engineers and the EPA, discovered significant alterations and loss of resource areas at the site. Hampden Country Club had opened up substantial acreage of unstable and excavated soils, filled in and placed segments of Watchaug Brook within a pipe, filled wetlands, altered ponds, impacted Riverfront Area and discharged muddy water into Watchaug Brook.
The final settlement with MassDEP requires the country club to retain the services of a consulting firm with expertise in resource area restoration to develop detailed site plans depicting existing and proposed grades. The plan must also include a full delineation of all water resources, requires dye tests to determine direction of flow for piped resources, must disclose all water resource area impacts by site activities and must include a comprehensive plan for full restoration of impacted water resources.
Additionally, the agreement requires the restoration of sections of Watchaug Brook that had been recently or historically piped, to a natural channel with adjacent wetlands. The order also requires restoration of Riverfront Area previously disturbed and protection for vernal pools at the site. Restoration work must be conducted during the fall of 2013.
"MassDEP regularly provides up-front permitting guidance on large projects in order to layout various permitting requirements and items of concern requiring resolution prior to issuance of permits," said Brian D. Harrington, Deputy Regional Director in MassDEP's Western Regional Office in Springfield. "However, for those companies that choose to ignore the regulations, work without permits and put sensitive resource areas in jeopardy, MassDEP will impose appropriate monetary penalties and require restoration."
MPCA Water Quality Report for Mississippi River-Twin Cities Shows Need for Improvement
The Minnesota Pollution Control Agency (MPCA) has released a water quality monitoring and assessment report for the Mississippi River-Twin Cities Watershed that shows poor water quality throughout much of the watershed. Due to the density of industry, housing, and roads, lakes and streams in the watershed are showing signs of stress, such as high levels of bacteria and nutrients, eroding stream banks, and loss of sensitive aquatic species.
The Mississippi River-Twin Cities Watershed encompasses a large portion of the metropolitan area of Minneapolis and St. Paul. The watershed is home to more than 1.8 million people across 99 cities, more than 500 species of wildlife and fish, and numerous kinds of aquatic invertebrates.
Highlights of the report:
- Based on water clarity and levels of algae present, 84 lakes assessed support aquatic recreation, such as swimming and boating, while 87 assessed do not
- Because of this, fish consumption advisories are recommended for lakes across the watershed.
- Eight previously impaired lakes have been restored, and are considered healthy
- Based on monitoring the amounts and types of fish and bugs found in streams, two streams assessed support aquatic life, while 21 assessed do not
- Due to high levels of bacteria, only one stream assessed supports aquatic recreation, while 17 assessed do not
According to Glenn Skuta, MPCA water monitoring manager, work is already underway to address these issues. “State agencies, watershed management organizations, cities, and local citizens have been working to address these problems to improve and protect the beauty and recreational enjoyment of our lakes and streams in the watershed,” Skuta said. “Dozens of targeted cleanup plans have been completed or are in development to reduce pollution.”
Skuta added that citizens can also help reduce water pollution by cleaning up pet waste, making sure septic systems are up to date, reducing the use of deicers, planting rain gardens or using rain barrels, minimizing application of lawn fertilizers, and cleaning up grass clippings and leaves from paved areas.
In 2010 the MPCA undertook an intensive monitoring effort of the watershed’s surface waters in collaboration with local partners. Nearly 50 stream stations were sampled for fish and aquatic bugs. In 2012, a holistic approach was taken to assess these and other data for a large number of the watershed’s creeks and larger lakes to see whether they are supporting aquatic life, recreation and fish consumption. During this process, 180 lakes and 46 stream reaches were able to be assessed, but not all water bodies monitored were assessed due to insufficient data and modified channel condition.
This report is one of about 80 being developed over the next decade by the MPCA for all of Minnesota’s major watersheds.
With dollars provided by the Clean Water Fund (from the Clean Water, Land and Legacy Amendment), the MPCA conducts and oversees a variety of surface water monitoring activities that support its mission of helping Minnesotans protect the environment. To be successful in preventing and addressing problems, accurate information is needed about the status of Minnesota’s waters, potential and actual threats, options for addressing the threats, and how effective management actions have been. The MPCA’s monitoring efforts are focused on providing that critical information.
BTZ, Inc. Agrees to Pay $40,000 Settlement For Not Maintaining Air Quality Control Device
Arizona Department of Environmental Quality officials announced recently that BTZ, Inc., has agreed to pay a $40,000 penalty for not properly maintaining the air pollution control device at its Yuma plant.
In December 2011, an emission test was conducted at the BTZ hot mix asphalt plant. The test results revealed that the facility’s emission rate for particulate matter-10 (dust) was 15 times the permitted emission limit. Subsequent inspections conducted by ADEQ along with documents provided by the company revealed that the emissions device had not been properly maintained by BTZ.
ADEQ issued a notice of violation to BTZ for emitting pollution in excess of the facility’s permitted limits in January 2012. After repairing the emissions control device, BTZ demonstrated compliance with its permitted emission limits the next month.
“Failing a stack test is a serious issue, especially in areas where dust pollution is a concern,” said ADEQ Director Henry Darwin. “After being notified of the violation, BTZ took action to return to compliance quickly.”
Portions of Yuma County have been designated by the EPA as a moderate non-attainment area for PM10. Exposure to PM10 can cause respiratory problems, particularly in the young and old, and can aggravate existing respiratory conditions.
BTZ, Inc., doing business as Zeller’s Excavating & Paving, operates a hot mix asphalt plant and crushing and screening operation in Yuma. The facility contracts services for excavation, demolition, paving, and crushing.
California DTSC Announces Additional Requirements on Exide Plant to Lower Arsenic in Air
The Department of Toxic Substances Control recently took aggressive steps to ensure that the Exide battery recycling facility in Vernon, CA, operates safely and in a manner that protects the health of the community.
The Department announced that it reached agreement with Exide Technologies, Inc., (“Exide”) for the issuance of a Stipulation and Order (“Order”) that addresses the two central concerns identified in its April 2013 order to suspend Exide’s operations. Those are the risks to health posed by the facility’s arsenic emissions to air, and the use of deteriorated pipes that leaked water potentially contaminated with hazardous wastes into soil below the facility.
Importantly, the Order includes requirements that go beyond DTSC’s initial concerns. These requirements are designed to identify potential impacts the facility may have had on surrounding communities.
“The Order requires critical and expedited improvements in the plant that will reduce emissions from their operation. It also provides an opportunity for Exide to demonstrate its commitment to investigating, in a very transparent process, potential impacts on the community,” said Brian Johnson, Deputy Director of DTSC’s Hazardous Waste Program.
The Order contains enforceable timelines and sets aside $7.7 million to pay for the following additional requirements:
- Installation of improvements to bring down arsenic emissions
- Replacement of an antiquated piping system
- Blood lead level testing for nearby residents that will be conducted by the Los Angeles County of Public Health using LACPDPH's protocols
- Dust and soil sampling around the facility and into the surrounding community
The blood lead testing and the soil sampling go beyond the requirements of the order that suspended Exide’s operations in April in that they will help determine whether lead emitted from Exide's operations has impacted the community.
The order announced recently is the result of discussions between Exide and the Department, and Exide must obtain permission from the bankruptcy judge to implement it. The Order would resolve the suspension issued in April. The bankruptcy court is not expected to consider the matter until November 5, 2013, at the earliest.
Since April, Exide has initiated improvements designed to reduce the company’s impact on the surrounding communities. These include a temporary system to address the leaking water and controls on arsenic emissions.
“We are encouraged by Exide’s efforts to respond to our concerns, but this is not the end of our efforts to address the conditions at the Exide facility,” Johnson said. “While this resolves the Order for Temporary Suspension, we are not walking away. We fully expect them to pay attention to the community and to the regulatory agencies, and we expect a prompt response to our requests to address any concern we raise.”
DTSC is working closely with both the South Coast Air Quality Management District (SCAQMD) and the Los Angeles County Department of Public Health to ensure that Exide’s operation is monitored on an almost daily basis.
“We are very aware of the intensity of the community’s concerns about the safety of this plant and are confident that this Order, along with SCAQMD’s and LA County Health Department’s oversight will help demonstrate to the community that protection of their health and safety are paramount to our agencies,” said Johnson. “DTSC is fully prepared to exercise its authority to keep this plant in compliance, up to and including closing the plant if warranted, and nothing in this agreement precludes us from doing that,” he added.
Water Sampling of Flooded Colorado Rivers Shows No Pollutants Associated with Oil and Gas Spills
Results of water sampling conducted September 26 by the Colorado Department of Public Health and Environment show no evidence of pollutants from oil and gas spills in rivers and streams affected by flooding. The department collected samples at 29 sites in eight different rivers affected by the flood.
The sample results show high levels of E. coli in some areas of the South Platte Basin. The highest concentrations of E. coli were sampled in the Boulder Creek and Big Thompson River watersheds.
Dr. Larry Wolk, executive director and chief medical officer at the department, said, “Although much attention was focused on spills from oil and gas operations, it is reassuring the sampling shows no evidence of oil and gas pollutants. There were elevated E. coli levels, as we expected, in some locations.”
E. coli indicates human and animal bacteria from untreated sewage that can make people sick. However, outbreaks of communicable diseases or illnesses after floods seldom are seen and have not been reported with the recent flooding in Colorado.
Five public drinking water systems remain on boil or bottled water advisories: Jamestown, Lyons, Mountain Meadow Water Supply, Lower Narrows Campground, and Sylvan Dale Ranch.
In addition to testing water samples for pollutants associated with oil and gas spills and bacteria, the department also tested for metals that could have been released from mining areas. An analysis of these samples is ongoing. The department will release the results once the analysis is completed.
The department will conduct additional sampling to determine any changes in pollutant levels.
Cooperative Agreement for Remedial Action for Bayou d’Inde in the Calcasieu Estuary Signed
Recently, the Louisiana Department of Environmental Quality signed the Cooperative Agreement for Remedial Action for Bayou d’Inde in the Calcasieu Estuary. The agreement was also signed by the other participating parties: Citgo, PPG, Axiall, Occidental Chemical Corporation, and Oxy USA, Inc.
The remedial investigation in the Calascieu Estuary was conducted by Region 6 of the EPA. The investigation addressed potential threats to human health and the environment related to releases of organic and inorganic chemicals into the estuary. It was determined that portions of Bayou d’Inde had been adversely affected. The goal of this agreement is to restore Bayou d’Inde to productive use by remediating four separate areas in and around the bayou. The remedies for each area will be unique to the issues in the respective areas of the bayou.
“This Cooperative Agreement begins the process of remediating the bayou and restoring it to productive use,” said Tom Harris, Administrator of DEQ’s Underground Storage Tank and Remediation Division. “Protecting and improving this estuary is a cooperative effort between DEQ, EPA and industry to ensure the environment is safer for the citizens of Louisiana.”
Bayou d’Inde is greater than nine miles long and is located in the northern portion of the Calcasieu Estuary; west of the city of Lake Charles, Louisiana. Bayou d’Inde's headwaters originate in the western portion of Sulphur, Louisiana, near the Interstate I10 Bridge. Bayou d’Inde flows primarily east-southeast and empties into the Calcasieu River Ship Channel Southwest of Coon Island.
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Trivia Question of the Week
According to the 2010 Census, which source of residential heating is growing the fastest?
a) Solar
b) Wind
c) Gas
d) Wood