The oil and gas sector are the largest US industrial emitters of methane, which is the primary constituent of natural gas and the second-biggest driver of climate change after carbon dioxide. Smog-forming, toxic chemicals that leak from oil and gas sites along with methane also harm air quality, endangering the health of people in neighboring communities.
Standards based on the technology and practices reviewed in this report could cut methane pollution from the sector by half—saving enough gas to heat at least 3 million homes.
A Report Summary encapsulating the report’s findings was recently released by co-authors Clean Air Task Force, Natural Resources Defense Council and Sierra Club. Earthjustice, Earthworks, and Environmental Defense Fund have also reviewed the report and support its recommendations for EPA standards for methane emissions. The full report with technical recommendations will be available later this fall.
After the release of several technical “white papers” this spring assessing methane control measures, EPA is expected to decide on whether to issue methane standards this fall.
Most of the industry’s methane pollution comes from leaks and intentional venting that can be identified and curbed with existing, low-cost technology and better maintenance practices. This report zeroes in on the biggest sources of methane emissions in the sector and identifies the readily available control measures: finding and fixing leaks; controlling emissions from compressors and other equipment; and stopping the venting of methane from wells.
The methane standards recommended in the report would cut up to 10 times more methane and up to four times more smog-forming pollutants than alternative approaches, because methane standards would apply to oil and gas infrastructure across the country, not just to equipment located in selected areas.
Learn DOT’s New Rules for Lithium Battery Shipments
These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.
- Enhance packaging and hazard communication requirements for lithium batteries transported by air
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
- Revise the exceptions for small cells and batteries in air transportation
- Revise the requirements for the transport of lithium batteries for disposal or recycling
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
Wilmington RCRA and DOT Training
Raleigh Area 24-Hour HAZWOPER Training
Cleveland RCRA and DOT Training
DOT Retains 25% Random Drug Test Rate
Operators of gas, hazardous liquid, and carbon dioxide pipelines and operators of liquefied natural gas facilities must randomly select and test a percentage of covered employees for prohibited drug use. Pursuant to 49 CFR 199.105(c)(2), (3), and (4), the Pipeline and Hazardous Materials Safety Administration (PHMSA) Administrator's decision on whether to change the minimum annual random drug testing rate is based on the reported random drug test positive rate for the pipeline industry. The data considered by the Administrator comes from operators' annual submissions of Management Information System (MIS) reports required by 49 CFR199.119(a). If the reported random drug test positive rate is less than 1%, the Administrator may continue the minimum random drug testing rate at 25%. In calendar year 2013, the random drug test positive rate was less than 1%.
PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 25% during calendar year 2015. Drug and alcohol testing information must also be submitted for contractors performing or ready to perform covered functions.
State Associations Release Clean Water Act-Safe Drinking Water Act Collaboration Toolkit
The Toolkit identifies opportunities to reduce pollution in drinking water sources by using Clean Water Act tools, provides examples of on-the-ground implementation, and shows how state clean water programs can leverage the high value that consumers place on public health protection and safe drinking water to increase public support for addressing surface and ground water quality challenges more effectively. The Clean Water Act-Safe Drinking Water Act State/EPA Workgroup plans to distribute the document to EPA and will hold webinars to delve into the Toolkit in detail and promote implementation.
EPA Decision on Reconsideration of Power Plant Startup/Shutdown NESHAP Provisions
The national emission standards for hazardous air pollutants (NESHAP) issued pursuant to Clean Air Act (CAA) section 112 are referred to as the Mercury and Air Toxics Standards (MATS), and the new source performance standards (NSPS) issued pursuant to CAA section 111 are referred to as the Utility NSPS.
On November 30, 2012, EPA granted reconsideration of, proposed, and requested comment on a limited set of issues in the February 16, 2012, final MATS and Utility NSPS, including certain issues related to the final work practice standards applicable during startup periods and shutdown periods. On June 25, 2013, the EPA reopened the public comment period for the reconsideration issues related to the startup and shutdown provisions of MATS and the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS. The EPA is now taking final action on the standards applicable during startup periods and shutdown periods in MATS and on startup and shutdown provisions related to the PM standard in the Utility NSPS.
The effective date of the rule is November 19, 2014.
EPA Temporarily Revises Reporting Requirements for Coal- and Oil-Fired Electric Steam Generating Units
This direct final rule amends the reporting requirements in the MATS rule by temporarily requiring affected sources to submit all required emissions and compliance reports to the EPA through the Emissions Collection and Monitoring Plan System (ECMPS) Client Tool and temporarily suspending the requirement for affected sources to submit certain reports using the Electronic Reporting Tool and the Compliance and Emissions Data Reporting Interface (CEDRI).
This rule is effective on January 5, 2015.
EPA's Plan to Curb Carbon Pollution Can Save Customers Billions
The EPA’s proposal to curb carbon pollution from power plants overestimates the electric power industry’s compliance costs by as much as $9 billion, according to a Natural Resources Defense Council report. Using current data, the report shows, the power sector and its customers could actually save nearly $2 billion in 2020 while meeting the EPA’s carbon reduction targets.
In its first detailed analysis of the agency’s Clean Power Plan, NRDC found that greater reliance on renewable sources of energy and on using energy more efficiently would produce substantial savings to the industry—and to its millions of customers.
“It’s clear that EPA has ample room to significantly strengthen the Clean Power Plan, making deeper cuts to dangerous carbon pollution from power plants at a reasonable cost,” said Starla Yeh, the report’s co-author and a policy analyst in NRDC’s Climate and Clean Air Program. “It can do so relying more on energy efficiency and clean energy—such as wind and solar energy—which can help slash America’s biggest source of heat-trapping pollution.”
“The good news is that we can afford to tackle the growing threat of climate change and, really, we can’t afford not to. Doing the right thing will save money even as we protect our health, our communities and future generations.”
NRDC’s issue brief, published recently, identifies and corrects two central shortcomings in EPA's blueprint—and thereby refutes claims from some that the agency's plan would prove costly to the industry and its customers.
First, EPA overestimated the cost of deploying increased amounts of energy efficiency by nearly double current projections. Second, the agency used outdated cost and performance estimates for renewable electricity generation that were nearly 50% more expensive than current experience shows.
By factoring in more accurate and current cost and performance data for energy efficiency and renewables, NRDC found that EPA’s targets for curbing power plant carbon pollution can be met at a savings for America’s power sector, rather than an additional cost. And because power generators will spend less to cut carbon pollution, customers will save as well.
Using up-to-date data sharply increases the net benefits of the power plant standards. EPA estimated that including health and environmental benefits as well as compliance costs, its proposal would produce net benefits of up to $50 billion in 2020 and up to $84 billion in 2030. NRDC’s analysis shows that the net benefits would be $9 billion higher than EPA’s estimates in 2020 and $15 billion higher than estimates in 2030.
As drafted, the EPA’s Clean Power Plan aims to curtail power plant carbon pollution 26% in 2020 and 30% in 2030. It sets state-specific emissions targets and then provides flexibility for the states to work with utilities to meet those targets in the most cost-effective way. To meet their carbon pollution targets, power companies can change the mix of plants from which they generate power, bring in renewable energy (like wind or solar), or help utility customers use energy more efficiently in their homes and businesses,
In its report, NRDC updated the EPA’s cost and performance data for renewable power and energy efficiency to reflect current costs. NRDC provided these new data to ICF International and asked ICF to run the Integrated Planning Model (IPM®)—the same model that EPA used to analyze its proposed rules—the same state targets, but with the updated cost and performance data.
The report shows:
- EPA’s proposed state targets could be met at a total savings of $1.8 billion to $4.3 billion in 2020, instead of EPA’s estimated costs of $5.5 billion and $7.5 billion
- Total savings would reach $6.4 billion to $9.4 billion in 2030, instead of the EPA’s estimated costs of $7.3 billion and $8.8 billion
- In 2030, energy efficiency savings could total 140 terawatt-hours more than what EPA projected. Renewable generation could be 171 terawatt-hours higher than EPA’s projections. Collectively, that’s equivalent to the electricity used by 29 million homes in one year—roughly the population of the New York and Chicago metropolitan areas together.
These issues in NRDC’s issue brief will be addressed in more detail, along with other observations and recommendations, in NRDC’s formal comments that will be submitted to EPA by December 1, which is the end of the public comment period for EPA’s power plant proposal. The agency is expected to review public comments, which now total about seven million, make needed adjustments, and issue final standards to reduce power plant carbon pollution by June 2015. Then, states are to step forward with State Implementation Plans to put the standards to cut carbon pollution into effect in their states.
Richmond Metal Plating Company Shut Down for Hazardous Waste Violations
An inspection in August 2014 revealed that the company and its owners were not complying with the preliminary injunction, resulting in an increasing threat of contamination to the neighboring properties and the environment.
The inspection identified numerous hazardous waste violations, including:
- The storage in open containers of fine particulate metal dust which was generated by buffing plated parts
- The fine particulate metal dust also covered much of the facility and contaminated neighboring properties
- A 275-gallon drum of acid waste was unaccounted for
As a result, DTSC obtained court approval to modify the March preliminary injunction and prevent Electro-Forming, Co., and its owners from generating hazardous waste until it removes all hazardous waste from its property, and the removal is verified by a DTSC inspection.
The court’s decision effectively shuts down Electro-Forming, Co.’s plating operations since the activities described below are an essential part of the company’s operations:
- Any metal plating or metal stripping operations that generate plating solutions, filters used for removing metal constituents in plating operations, rinse waters, and drips and splashes
- Any buffing, polishing, or grinding operations that generate buffing dust
“Over the past year this company has failed multiple times to comply with the rules that protect the neighborhood surrounding the facility,” said Reed Sato, DTSC Chief Counsel.
In August of 2013, DTSC filed a civil complaint against the company alleging illegal disposal of hazardous waste in the streets and on adjacent property. The civil complaint also alleged the company was unlawfully boiling off liquid plating waste and combining different types of hazardous waste in a tank and storing cyanide drums near acids that, if mixed, could produce a deadly gas. The violations were discovered by DTSC’s Office of Criminal Investigations (OCI) in March 2013 during execution of a search warrant at the Richmond facility.
Discarded Cigarette Ashes Could Go to Good Use — Removing Arsenic from Water
Arsenic, a well-known poison, can be taken out of drinking water using sophisticated treatment methods. But in places that lack the equipment or technical know-how required to remove it, it still laces drinking water and makes people sick. To tackle this problem, scientists have come up with a new low-cost, simple way to remove arsenic using leftovers from another known health threat—cigarettes.
Jiaxing Li and colleagues explain that naturally occurring and industry-related arsenic contaminates groundwater at high levels in many countries, including Chile, China, Hungary, and Mexico. The odorless, tasteless element can cause skin discoloration, stomach pain, partial paralysis, and a range of other serious health problems. While the technology for removing arsenic from water exists and is in widespread use in industrialized areas, it is expensive and impractical for rural and developing regions. Scientists have been exploring the use of natural waste materials such as banana peels and rice hulls for removing arsenic from water, but these so far have shown limited efficiency. Recognizing that the porous structure of cigarette ash could be better suited to this purpose, Li's team decided to test it.
In a simple, inexpensive, one-step method, the researchers prepared cigarette ash with a coating of aluminum oxide. When they tested the material with contaminated ground water, they found it removed more than 96% of the arsenic, reducing its levels to below the standard set by the World Health Organization. Because cigarette ashes are discarded in countries around the world and can be easily collected in places where public smoking is allowed, it could be part of a low-cost solution for a serious public health issue, they say.
Report Shows Increased in Chemical Contamination in California Waterways
Detections and concentrations of pyrethroid pesticides are increasing in California stream sediments, according to a new report by the Stream Pollution Trends Monitoring Program of the State Water Resources Control Board.
The program is a statewide effort to measure trends in pollution levels and toxicity in major California watersheds. The latest report, “Trends in Chemical Contamination, Toxicity and Land Use in California Watersheds,” summarizes results from the first five years of annual surveys assessing stream pollution concentrations and how they are affected by land use.
According to the report, which summarized data from 2008 to 2012, pyrethroid pesticides showed an increasing trend in all watersheds, but most significantly in urban watersheds.
Pyrethroids are the active ingredients in many currently used pesticides available to urban consumers in the United States, and are also widely used in agriculture. Pyrethroid-based pesticides replaced organophosphate pesticides when the use of organophosphates was dramatically reduced. They are widely used by professional residential pest control firms as well as by consumers. Many are extremely toxic to aquatic organisms, and are a known endocrine disruptor. Many may be carcinogenic, according to the EPA.
Chlorinated compounds such as DDT and PCBs declined over the five years, according to the report, as did detections and concentrations of organophosphate pesticides in sediment. However, DDT and PCBs continue to be of concern in California because of their potential to bioaccumulate. While concentrations in fish do not often exceed thresholds of concern, fish consumption advisories have been issued due to these contaminants for lakes, rivers, bays, and coastal areas. Concentrations of hydrocarbons, flame-retardants and selected metals remained relatively constant.
The program investigates the impacts of land use on water quality, helps prioritize water bodies in need of water quality management, and evaluates the effectiveness of management programs designed to improve stream health.
The data provides a statewide perspective on the impact of pollution on stream health and allows local and regional water quality managers to evaluate how conditions in their streams compare to those in other California watersheds.
The SPoT program measures contaminant concentrations and toxicity in sediments that accumulate in the lower reaches of large watersheds. In 2012, samples were collected from 100 of the nearly 200 major hydrologic units in California. Sediment samples are collected once per year when streams return to base flow conditions after the high flows that carry pollutants washed from watershed surfaces during storms.
Sediments are monitored because the majority of contaminants entering streams accumulate in sediments. Each sample is analyzed for industrial compounds, pesticides and metals, and is tested for toxicity to a resident aquatic crustacean, the amphipod Hyalella azteca. Additional toxicity test species and contaminant classes are being addressed in future surveys as SPoT monitoring proceeds. Results are compared across watersheds throughout the state, and pollutant concentrations are compared to land use and other human activities.
The pesticides and some of the other pollutants identified in the report are considered non-point pollution sources, meaning that they are not generated at a single source, such as a manufacturing plant or sewer outfall. The State Water Resources Control Board has programs in place to reduce non-point pollution sources.
AT&T to Spend $23.8 Million to Settle Hazardous Waste Violations
As part of the settlement, AT&T will pay $23.8 million. In addition, AT&T will spend an estimated $28 million over the next five years to implement the enhanced environmental compliance measures required by the settlement. The settlement and proposed judgment, filed in Alameda County Superior Court, requires approval from the court before becoming final. This is the first enforcement action in California against a telecommunications company for its management of electronics waste.
“Today’s settlement marks a great victory for California’s ongoing efforts to ensure that hazardous waste is disposed of in a safe, legal and environmentally sustainable manner,” states Alameda County DA Nancy E. O’Malley. “Whether a small local business or a huge international company, my Office will pursue all necessary legal action against entities that pollute our environment. This legal action should put others on notice that local and state agencies will continue to work together to investigate and prosecute violations against our environment.”
“This settlement holds AT&T accountable for unlawfully dumping electronic waste,” Attorney General Harris said. “The illegal disposal of hazardous waste can lead to serious environmental and health risks for California communities. AT&T will be required to implement strict compliance measures at its facilities that set an example for other companies to safeguard our communities against hazardous waste.”
The civil enforcement action and proposed settlement against AT&T were filed in Alameda County by District Attorney O’Malley and Attorney General Harris, and is the product of a robust investigation by the two offices together with the Department of Toxic Substances Control.
In 2011, inspectors from the Alameda County District Attorney’s Office Environmental Protection Division and investigators from the California Department of Toxic Substances Control conducted a series of waste inspections of dumpsters belonging to AT&T warehouse and dispatch facilities. The inspections revealed that AT&T was routinely and systematically sending hazardous wastes to local landfills that were not permitted to receive those wastes.
Upon notice of the investigation, AT&T immediately agreed to cooperate and promptly implemented measures to halt the removal of regular trash until it could be inspected to remove any potentially hazardous wastes before they reached municipal landfills. In addition to the $23.8 million settlement payment, AT&T expects to incur another $28 million over the next five years to implement enhanced environmental compliance measures required by the settlement. For example, AT&T has implemented multiple layers of protection against electronic waste getting into its regular trash, including contractor inspections of “staging bins” before their contents are deposited in dumpsters, hundreds of unannounced dumpster inspections annually, and three independent audits over five years.
There are 13 AT&T facilities in Alameda County and all 13 facilities were found to be unlawfully disposing hazardous waste.
If approved by the court, under the final judgment, AT&T must pay $18.8 million in civil penalties and costs. An additional $3 million will fund supplemental environmental projects furthering consumer protection and environmental enforcement in California, and AT&T will pay a minimum of $2 million to enhance its environmental compliance. The telecom provider will be bound under the terms of a permanent injunction prohibiting similar future violations of law.
Bozzuto’s Inc. Fined $124,181 for Ammonia Releases
Under a recent settlement, a company that operates a cold storage warehouse in North Haven, Connecticut, is updating its operations so that public safety is significantly enhanced. The company, Bozzuto’s, Inc., has also agreed to pay $124,181 to settle claims it violated the federal Clean Air Act's chemical release prevention requirements.
To address EPA’s claims, Bozzuto’s has spent over $500,000 to bring both its North Haven and Cheshire, Connecticut, facilities into compliance with Clean Air Act chemical safety standards. Going beyond what is required by the regulations, Bozzuto’s installed an ammonia detection system with more detection points than required and installed a computerized automatic shut-down control system.
“It is very important for ammonia refrigeration facilities to understand the risks associated with their use of this hazardous chemical and maintain a safe operation,” said Curt Spalding, regional administrator of EPA’s New England office. “It is a matter of public safety that ammonia refrigeration facilities carefully adhere to regulations designed to ensure that these companies manage their systems more safely.”
Bozzuto’s was cooperative at all stages of EPA’s investigation and enforcement.
EPA to Assist Water Utilities in Bolstering Climate Resilience and Readiness
The EPA is providing up to $600,000 in training and technical assistance to help water utilities in more than 20 communities bolster their climate change resilience and readiness.
“Climate change isn’t a distant threat—it is already impacting communities across the country,” said Ken Kopocis, deputy assistant administrator for EPA's Office of Water. "EPA is helping water utilities plan for and adapt to these challenges to ensure that they can continue to meet their public health and environmental missions no matter what circumstances may arise in the future.”
Challenges include droughts, more intense and frequent storms, flooding, sea-level rise, and changes to water quality.
Communities receiving assistance from EPA include: Auburn, Alabama; Austin, Texas; Blair, Nebraska; Bozeman, Montana; Faribault, Minnesota; Fredericktown, Missouri; Haworth, New Jersey; Helena, Montana; Henryville, Indiana; Hillsboro, Kansas; Houston, Texas; Manchester-by-the-Sea, Massachusetts; Nome, Alaska; Norfolk, Virginia; Portsmouth, New Hampshire; Redwood Valley, California; Sandpoint, Idaho; Seminole Tribe of Florida, Florida.
During each risk assessment, utilities will consider potential future climate change impacts in an effort to build more climate-ready and resilient water services and infrastructure.
Such risk assessments will, for instance, help utilities:
- Use adaptation options to better protect critical pump stations from projected precipitation events
- Use conservation measures to prepare for projected reduced snowpack or less-frequent rainfall events
- Prepare infrastructure for increased salinity to deal with projected sea-level rise
These examples illustrate the variety of adaptation options utilities can identify and build into planning based on their risk assessments.
XPLOR Energy Fined $3.1 Million for Clean Water Act Violations
These charges concern XPLOR’s oil and gas production activities in the Breton Sound Area of the Gulf of Mexico. As part of the guilty plea, the company agreed to pay a total monetary penalty of $3.1 million and serve a three-year term of probation. If accepted by the Court, the $3.1 million monetary penalty will be divided as follows: $2.5 million to the United States Treasury, and $600,000 to Louisiana Department of Environmental Quality Trust Fund.
According to the court documents, from on or about November 24, 1997 until November 18, 2011, XPLOR operated the MP 35 offshore facility (“MP 35 Platform”). XPLOR operated the MP 35 Platform for the purpose of extracting oil and natural gas.
As part of the oil and gas production, separation and processing, XPLOR was tasked with disposing of the pollutant known as “produced water” or “brine” which is produced with the extracted oil and natural gas. The MP 35 Platform was designed to dispose of this pollutant by forcing the produced water, under pump generated pressure, into disposal/injection wells located in Gulf of Mexico waters near the MP 35 Platform.
In or near November, 2011, XPLOR transferred ownership and operation to another corporation. The platform’s new owner quickly discovered the platform was continuously discharging produced water containing oil and other harmful substances into the waters of the United States. The new owner immediately contacted regulatory authorities to report the discharge.
The ensuing investigation revealed that XPLOR had knowingly discharged produced water containing oil into waters of the United States without any permit from faulty injection lines/pipes leading from the platform to the disposal wells used to store the produced water containing oil, and from produced water disposal wells which had insufficient capacity to hold the produced water. Despite knowing of this consistent discharge from the injection lines and the insufficient capacity of their disposal wells, XPLOR failed to adequately repair these faulty injection lines and disposal wells. XPLOR’s intentional failure to make these repairs resulted in the repeated discharge of produced water containing oil into the waters of the US from in or near October, 2009, and continuing through to November 18, 2011. XPLOR’s actions resulted in a total monetary savings or gain to them in the amount of approximately $1,550,000.
“Our federal and state law enforcement partners are committed to protecting our state's environment,” stated US Attorney Kenneth Polite. “Our citizens simply demand that businesses not illegally pollute the waterways that sit at the center of our culture and economy.”
“We have a responsibility to ensure that Louisiana’s waterways are protected from harmful and illegal industrial discharges,” stated Ivan Viking, Special Agent in Charge of EPA’s Criminal Enforcement Program in Louisiana. “This case will make a real difference in protecting public health and conserving the environment. The community service payment is especially impressive, bolstering the hard work that state, local and federal partners have invested to restore the Gulf of Mexico.”
“Knowingly conducting unpermitted discharges of produced water from oil and gas production platforms is a crime,” said Peggy Hatch, Secretary of the Louisiana Department of Environmental Quality. “DEQ is proud of the collaborative work of our federal and state investigators to halt these illegal practices and bring the perpetrators to justice, and will continue to enforce state and federal laws that protect our environment.”
Tiller Corporation Penalized for Air-Quality Violations
The Minnesota Pollution Control Agency (MPCA) has penalized the Tiller Corporation, which operates a processing and shipment center for silica sand in North Branch, Minnesota, for multiple violations of the facility’s air quality permit.
The company built the facility in 2012-13 and began operating following issuance of an air quality permit from the MPCA in January 2013. Silica sand is brought to the facility from mines Tiller operates in Wisconsin, and processed for use in hydraulic fracturing and other industries. The product is shipped by rail and truck from the facility.
The permit requires performance tests of control equipment to ensure the facility’s emissions meet applicable air quality standards. The company is required to submit the results of these tests to the MPCA.
Test results were submitted to the MPCA in October 2013, covering testing performed in the summer of 2013. A separate report submitted to the agency also showed that nighttime noise limits were exceeded at two fence-line monitoring locations. Other testing during November 2013 indicated continued noncompliance with carbon monoxide and volatile organic compound emission limits. Additionally, the MPCA found that testing frequency plans, required following initial testing, had not been submitted. In all there were 45 missing submittals, 25 emissions violations and four noise violations.
To resolve the violations, Tiller agreed to pay a civil penalty of $85,000 to the state. In addition, the company agreed to modify certain emissions control equipment and complete modifications to mitigate noise within 90 days. When those measures are complete, the company will conduct noise monitoring and submit results to the MPCA.
EPA Finalizes Greenhouse Gas Permit for $1 Billion Jumbo Project in Corpus Christi, Texas
EPA has issued two final greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) construction permits to M&G Resins USA, LLC, to build a new chemical process plant and utility support facility. The facility will be located in Corpus Christi, Texas.
“EPA will continue working with companies to ensure they have the permits they need,” said EPA Regional Administrator Ron Curry. “We are working to help Texas businesses take advantage of growth opportunities while building greener facilities with better controls for greenhouse gas emissions.”
M&G Resins plans to build a new polyethylene terephthalate resin manufacturing complex along with a collocated combined support system for heat and power utility generation. The support system will be used for steam and electrical demands. The project will emit up to 1,178,441 tons of CO2 annually.
The additions will bring over $1 billion in capital investments, create 3000 construction jobs, 250 long-term operations jobs, and 700 support positions in the local area.
In June 2010, EPA finalized national GHG regulations, which specify that beginning on January 2, 2011, projects that substantially increase GHG emissions require an air permit.
EPA believes states are best equipped to run GHG air permitting programs. EPA will continue to work closely with applicants who have pending permits retained by EPA at their request. This action will increase efficiency and allow industry to continue to grow in Texas.
Since January 2, 2011, projects in Texas that substantially increase GHG emissions required an air permit from the EPA. Texas is No. 1 in the country for receiving EPA-issued GHG permits—with over 58 permits being issued by EPA. Of the 191 GHG permits issued nationwide, EPA has completed 63 and the states have issued 128 permits.
XS Platinum Indicted for Illegal Discharges from the Platinum Creek Mine
The indictment charges XS Platinum, Inc. (XSP), a Delaware corporation, and five of its officers and employees, Dr. Bruce Butcher, age 59, and Mark Balfour, age 62 (both Australian citizens), James Slade, age 57 (a Canadian citizen), and Robert Pate, age 62 and James Staeheli, age 43 (both US citizens residing in Washington state) with conspiracy to violate the Clean Water Act (CWA) during the defendants’ operation of the Platinum Creek Mine on the Salmon River in Western Alaska. In addition, the indictment charges XSP, Butcher, Balfour, Slade, and Pate with knowingly violating the terms of XSP’s CWA permit in 2010; and XSP, Butcher, Balfour, Slade, and Staeheli with knowingly violating the terms of XSP’s CWA permit in 2011. The indictment also charges XSP, Butcher, Balfour, Slade, and Pate with submitting a false statement in violation of the CWA. Finally, the indictment charges XSP and Balfour with submitting a separate false statement.
According to the indictment, XSP held 159 placer mining claims and 36 hard-rock claims totaling more than 4,000 acres at the Platinum Creek Mine, which was situated along the Salmon River and its tributaries. The mine contains placer deposits of platinum metal, along with smaller amounts of gold and palladium. All but 21 of the claims were on land managed by the BLM, with the remaining (undeveloped) claims lying within the Togiak National Wildlife Refuge. The Salmon River is an anadromous fish stream that is important for the spawning of all five species of Pacific salmon (chinook, chum, coho, pink, and sockeye), and the rearing of coho and sockeye salmon. After flowing through BLM land, the Salmon River crosses the Togiak National Wildlife Refuge before entering the Pacific Ocean at Kuskokwim Bay.
The CWA prohibits discharges of industrial wastewaters from mining operations in violation of CWA permits which govern those discharges. According to the indictment, beginning in 2010 and continuing through 2011, XSP and the individual defendants knowingly discharged industrial wastewaters from XSP’s mechanical placer mining operation at the Platinum Creek Mine into the adjacent Salmon River in violation of the terms of XSP’s CWA General Permit. According to the indictment, XSP told federal regulators in its mining and CWA permit applications that the operation of the mine would recycle all of its wastewater and result in “zero discharge” of mine wastewater to the Salmon River. The indictment alleges that XSP and the individual defendants conspired to violate the CWA by concealing the 2010 and 2011 mine wastewater discharge violations from federal officials, and submitting material false statements to federal agencies. The indictment further alleges that the industrial wastewaters discharged from XSP’s operation of the Platinum Creek Mine included large amounts of sediment, turbidity, and toxic metals. It is further alleged that these discharges exceeded the CWA General Permit limits for those pollutants and that the defendants failed to report the violations as they were required. According to the indictment, XSP and its corporate officers submitted an annual report in 2011 to federal and state agencies which indicated that the mine had “zero discharge” during the 2010 mining season, when XSP’s own monitoring data showed that it had numerous discharges to the Salmon River.
Three Petroleum Suppliers Fined for Gasoline that Violated California Air Quality Regulations
The California Air Resources Board recently announced it has fined three petroleum product suppliers—Petro-Diamond, Inc., of Irvine, Houston-based Vitol, Inc., and Shell Oil Products US—for failure to comply with California air quality regulations.
Vitol, Petro-Diamond, and Shell were fined $70,000, $50,000, and $45,000, respectively.
The fines were for gasoline that did not comply with California’s air quality regulations, and were specifically for different violations of the composition of what is known as CARBOB or California Reformulated Gasoline Blendstock for Oxygenate Blending. CARBOB is the “blendstock” form of gasoline before an oxygenate, such as ethanol, is added to it to make finished gasoline found at gas stations. In each of these violations, the company either supplied, offered for supply, sold, offered for sale, or transported non-complying fuel. In the Petro-Diamond case, about 210,000 gallons of the non-complying fuel made it into commerce, resulting in emissions consequences.
“Companies must demonstrate that their products will not result in excess emissions into our air,” said Enforcement Chief Jim Ryden. “Periodic testing of fuel by companies and inspections by ARB assures that Californians will not be exposed to harmful air pollutants.”
In each case company representatives cooperated fully throughout ARB’s investigation and settlement process. In the case of Petro-Diamond, a routine inspection of fuel in the distribution system by ARB’s enforcement staff revealed that Petro-Diamond supplied CARBOB with a Reid Vapor Pressure (RVP) exceeding the state standard from its Long Beach terminal. Gasoline with high RVP results in excessive evaporative hydrocarbon emissions, more so during the warm summer months. Hydrocarbons are major contributors in the formation of smog.
Earlier this year, in two separate incidents, petroleum product suppliers and distributors Vitol and Shell Oil Products US each self-disclosed violations of the state’s gasoline fuel regulation. In each case, RVP values exceeded the regulated cap. Vitol’s violation was the result of a miscommunication between Vitol and the pipeline carrier, resulting in more than 930,000 gallons of the non-compliant fuel being piped from a tank in Carson to other tanks. In the Shell Oil Products case, non-compliant fuel was transported on a barge from Martinez in Northern California to Mormon Island in the Los Angeles area. In each case fuel was brought into compliance before being released for sale into California.
Barrel O’ Fun Pays Penalty in Response to Odor Problems from Wastewater
As a result of an investigation by the Minnesota Pollution Control Agency (MPCA), a Perham snack producer, Barrel O’ Fun Snack Foods, is more effectively treating its wastewater before sending it to the city wastewater treatment facility. The investigation was prompted by complaints about wastewater treatment pond odors in the city of Perham. Barrel O’ Fun has agreed to pay a $45,000 penalty for the violations.
The MPCA received numerous complaints beginning in April 2012 that odors from the city’s wastewater treatment ponds prevented residents from opening their windows or hanging clothes outside, and that the odors made them sick. The MPCA found the city had, since 2009, failed to adequately regulate discharges to the wastewater treatment facility from four industrial users: Barrel O’Fun Snack Food, Kenny’s Candy, Tuffy’s Pet Foods, and Perham Egg.
After the MPCA required the city to enforce all discharge agreements with local industries, the city took several steps, including assessing Barrel O’Fun surcharges for exceeding pollutant limits in the wastewater the company was sending to the city wastewater treatment facility.
During 2013, the MPCA also conducted inspections and file reviews of Barrel O’Fun, which showed that corn pieces were present in the company’s wastewater in amounts that could obstruct flow in the city’s wastewater treatment facility. During construction of upgrades to the city’s treatment facilities, a mound of corn more than three feet high was found and removed from the area around inlet pipes.
In addition, wastewater discharges of total suspended solids and organic material from Barrel O’Fun were often very high between 2009 and 2013. During June 2013, the company discharged a certain type of organic material at a rate more than 2½ times its daily limit, and at a level that exceeded the design limit for the city’s entire system (all industrial and residential users) by more than 30%.
In addition to paying a $45,000 penalty, the company has completed several actions to comply with wastewater pollutant limits agreed upon with the city.
Food and Nut Processor to Pay $160,000 Following Wetlands Habitat Destruction
EPA recently announced a settlement with Edward Lynn Brown, a canned food and nut wholesaler in Modesto, California, for destroying nearly 33 acres of wetlands, known as vernal pools, north of Merced, California. The settlement requires Brown to pay a $160,000 penalty and purchase and endow a conservation easement valued at $1 million.
”California's vernal pools are key to the survival of native plants and animals found nowhere else on the planet,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “In a time of drought and climate change, it is more important than ever to protect these endangered habitats from irreversible destruction.”
In August 2012, Brown leased 850 acres in Merced County intending to convert the land from a cattle grazing operation into an almond orchard. The US Army Corps of Engineers informed him that the property contained protected vernal pools and instructed him to apply for a federal Clean Water Act permit before altering the land. Without applying for a permit, in early September 2012 Brown “deep ripped” the ground with mechanized equipment, destroying 32.7 acres of vernal pools.
In addition to the penalty, Brown is required to off-set the loss of the vernal pools by purchasing a 94-acre conservation easement with 40 acres of high-quality vernal pool habitat in Merced County. He must endow a land trust to maintain and monitor the easement in perpetuity. The easement and endowment are expected to cost approximately $1 million. The easement is part of a 7,350-acre cattle ranch owned by the EKR Ranches Foundation, valued for its significant vernal pool and grassland habitats.
Vernal pools occur in shallow swales and depressions with an underlying layer of impermeable subsoil, which fill with water during the rainy season. They look barren during the summer and fall, but after winter rain they are home to endangered tadpole and fairy shrimp that are critical food sources for native and migratory birds. In the spring the vernal pools bloom with uniquely adapted wetland plants creating rings of wildflowers at the pools' edges as the water recedes. Vernal pools and other wetlands help maintain water quality by removing pollutants that may enter the pools from agricultural and urban sources.
California is one of the few places in the world where vernal pool ecosystems are found. Once common in the Central Valley, less than 10% of California’s original vernal pools persist today, as a result of agricultural and urban development. Sustainable ranching practices can support sensitive vernal pool landscapes by controlling invasive species, reducing fire hazards, and promoting biodiversity.
The proposed penalty is subject to a 30-day public comment period.
EPA Names 2014 Green Power Leaders
“By using more than 7.6 billion kilowatt-hours of green power annually, these communities, businesses, and organizations are leading the way in cutting US greenhouse gas emissions, reducing the impacts of climate change, and protecting public health,” said EPA Administrator Gina McCarthy. “These partners demonstrate that green power is not only a smart business investment, but it’s affordable, accessible and it reduces emissions while growing the renewable energy market and spurring innovation.”
Green power is electricity that is generated from renewable sources, including solar, wind, geothermal, biogas, and low-impact hydroelectric sources. Green power does not produce fossil fuel-based GHG emissions that fuel climate change. The award winners below are being recognized for their efforts in expanding the domestic renewable energy market. From using enough green power to meet more than 100% of electricity needs to installing solar arrays on-site or entering long-term power purchase agreements, these organizations are demonstrating that green power is both accessible and affordable.
The award-winning partners were chosen for their exemplary use of green power from more than 1,300 partner organizations that comprise EPA’s Green Power Partnership. Utilities, renewable energy project developers, and other green power suppliers are eligible to apply for the Green Power Supplier award.
EPA, through the Green Power Partnership, works with partner organizations to use green power as a way to reduce the environmental impacts associated with conventional electricity use. The Partnership currently has more than 1,300 partner organizations voluntarily using billions of kilowatt-hours of green power annually. Partners include a wide variety of leading organizations such as Fortune 500 companies, small and medium sized businesses, local, state, and federal governments, and colleges and universities.
The 2014 Green Power Leadership Awards will be presented on December 3, 2014, at the annual Renewable Energy Markets Conference in Sacramento, California. Winners are listed below in the following categories:
Green Power Partner of the Year: Apple, Inc. (Cupertino, California); BD (Franklin Lakes, New Jersey); Google, Inc. (Mountain View, California); Oklahoma State University (Stillwater, Oklahoma)
Green Power Purchasing: City of Houston, Texas; City of Beaverton, Oregon; Town of Peterborough, New Hampshire; Herman Miller, Inc. (Zeeland, Michigan); Philadelphia Insurance Companies (Bala Cynwyd, Pennsylvania); Steelcase, Inc. (Grand Rapids, Michigan); REI (Kent, Washington); Trek Bicycle Corporation (Waterloo, Wisconsin); June Key Delta Community Center (Portland, Oregon)
On-Site Generation: City of Las Vegas, Nevada; City of Philadelphia, Pennsylvania
Sustained Excellence in Green Power: Intel Corporation (Santa Clara, California); Kohl’s Department Stores (Menomonee Falls, Wisconsin)
Green Power Community of the Year: Medford, Oregon; Oak Ridge, Tennessee
Green Power Supplier of the Year: 3DegreesGroup, Inc. (San Francisco, California); Portland General Electric (Portland, Oregon); Renewable Choice Energy (Boulder, Colorado); Washington Gas Energy Services (Herndon, Virginia)
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Trivia Question of the Week
Food waste in landfills produces which greenhouse gas as it decomposes?
a) methane
b) carbon dioxide
c) nitrous oxide
d) water vapor