Hurricane Sandy has generated sewage overflows and storm-water run-off that is transforming many Eastern Seaboard waters into toxic soup, too hazardous to even touch. But many of these waters were already profoundly polluted, according to EPA figures reposted by Public Employees for Environmental Responsibility (PEER).
The Clean Water Act was signed into law forty years ago on October 18, 1972. This year, EPA released a new database displaying the conditions of streams, lakes, estuaries, wetlands and other water-bodies across the country. These overall figures are distressing:
- More than three-quarters (81%) of US coastal waters are impaired, as are two-thirds (66%) of our bays and estuaries and more than half (51%) of near coastal ocean waters
- More than two-thirds (69%) of our lakes, reservoirs and ponds are impaired as are virtually all of the Great Lakes shorelines (98%) and waters (100%)
- More than four-fifths (84%) of the nation’s wetlands are also impaired
The best results recorded by EPA were still pretty dismal: less than half (46%) of rivers and streams are in good shape, meaning they fully support their designated uses. However, these EPA numbers are likely dramatic underestimates because:
- The EPA figures are based on assessed waters but only 27% of rivers and streams, for example, have been assessed as have only 1% of wetlands
- Reporting states often skew the methodology of assessments to mask problems
Figures do not include many of the new, emerging chemicals, many of which are damaging to aquatic life but for which there are no pollution standards
“After 40 years of the Clean Water Act, our rivers may look better and may be less likely to catch on fire but the true quality of our waters may be regressing,” stated PEER Executive Director Jeff Ruch, referring to Ohio’s Cuyahoga River catching on fire in 1969, an incident which helped spark enactment of national water pollution controls. “The Clean Water Act’s promise that our waters be drinkable, swimmable, and fishable remains largely unfulfilled.”
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Upgrade Your Career: Environmental and Safety Consultant/Trainers
Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. You must have excellent writing and speaking skills. We currently have openings for a top-notch consultants with expertise in:
- RCRA hazardous waste regulations
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- Environmental and safety audits
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- Clean Air and Clean Water Acts
- OSHA general industry standards
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You must have at least 2 years of experience in government or industry environmental and/or compliance and be able to immediately train the subject matter to both novices and experts. Strong consideration will be given to applicants who have experience presenting training on more than three of the topics listed above.
In addition to instructing seminars and on-site training programs, the position includes maintenance of training materials (books, PowerPoints, computer based training), consulting projects, business development, development of future classes, and keeping our customers satisfied.
Date Palm Juice: A Potential New Green Anti-corrosion Agent for Aerospace Industry
It’s the juice of the date palm — those tall, majestic trees that, until now, were noted mainly as sources of food and traditional medicines.
Husnu Gerengi points out that strong, lightweight aluminum alloys are used to make planes, cars and industrial equipment. Aluminum corrodes when exposed to air, but unlike rusting steel, the corrosion of aluminum’s surface layer forms a protective film that prevents degradation of the underlying metal. However, that film breaks down in some harsh environments, like seawater, leaving the metal vulnerable. Engineers have developed coatings to protect aluminum in these applications, but many of these use potentially toxic chemicals. Previous research suggested that extracts of date palm leaves had an anti-corrosion effect. Gerengi decided to check date palm juice.
He found that date palm juice inhibited corrosion of an aluminum alloy called AA7075, used in aerospace and other applications, in a salt solution. Gerengi noted that while an extract from date palm leaves is a known anticorrosive, this was the first test of the fruit’s juice. The juice, which he reported adsorbed into the aluminum’s surface, contains a number of sugars. Gerengi posited that these react with aluminum to form an anticorrosive film on the metal’s surface.
Hyundai/Kia to Correct Overstated MPG Claims as Result of EPA Investigation
EPA announced that Hyundai Motor America and Kia Motors America will lower their fuel economy (mpg) estimates for the majority of their model year 2012 and 2013 models after EPA testing found discrepancies between agency results and data submitted by the company.
The auto companies have submitted to the EPA a plan for cars currently on dealer lots to be re-labeled with new window stickers reflecting the corrected mileage estimates. The mileage on most vehicle labels will be reduced by one to two mpg, and the largest adjustment will be six mpg highway for the Kia Soul. “Consumers rely on the window sticker to help make informed choices about the cars they buy,’ said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “EPA’s investigation will help protect consumers and ensure a level playing field among automakers.” At its National Vehicle and Fuel Emission Laboratory (NVFEL) in Ann Arbor, Mich., EPA routinely tests vehicles – 150 to 200 a year, or about 15 percent of the possible vehicle configurations – to ensure that their performance matches the mileage and emissions data required to be submitted to EPA by automakers. This auditing helps to ensure that vehicles on the road meet tailpipe emission standards to protect public health and the environment and that all carmakers follow the same procedures for calculating mileage estimates. EPA conducts both random and targeted audits, based on factors such as consumer complaints. EPA had received a number of consumer complaints about Hyundai mileage estimates. Through the agency’s ongoing audit program, staff experts at EPA’s NVFEL observed discrepancies between results from EPA testing of a MY2012 Hyundai Elantra and information provided to EPA by Hyundai. The agency expanded its investigation into data for other Hyundai and Kia vehicles, leading to the recent announcement.
EPA’s audit testing occasionally uncovers individual vehicles whose label values are incorrect and requires that the manufacturer re-label the vehicle. This has happened twice since 2000. This is the first time where a large number of vehicles from the same manufacturer have deviated so significantly.
EPA and DOE are updating their joint fuel economy site, www.fueleconomy.gov, to reflect the Hyundai and Kia corrected numbers.
Americans Used Less Energy in 2011
Americans used less energy in 2011 than in 2010 due mainly to a shift to more energy efficient residential and transportation technologies, according to the Energy Department's Lawrence Livermore National Laboratory (LLNL). Energy flow charts released on October 24 by LLNL indicate that, overall, US energy use in 2011 equaled 97.3 quadrillion BTU, or "quads," compared to the 98 quads used in 2010. The charts use data provided by the Energy Department's Energy Information Administration.
Among renewable energy sources, Americans used more wind-generated energy last year, increasing from 0.92 quads in 2010 to 1.17 quads in 2011, because new wind farms came online during that time. Hydroelectricity also saw an increase in use, jumping from 2.51 quads in 2010 up to 3.17 quads in 2011. Hydroelectricity use increased significantly in 2011 because large amounts of precipitation enabled hydroelectric dams to produce at their maximum levels while keeping reservoirs full. Similar levels of hydroelectric production were seen in 1997, 1998, and 1999 due to heavy precipitation in those years.
The majority of energy used in 2011 was for electricity generation (39.2 quads), followed by transportation, industrial, commercial, and residential consumption. However, energy use in the residential, commercial, and transportation sectors decreased while industrial energy use increased, if only slightly.
EPA Approves Emergency Fuel Waiver for New Jersey
EPA has exercised its authority under the Clean Air Act to temporarily waive federal clean diesel fuel requirements in New Jersey to allow the use of home heating oil in most generators and pumps in emergency service in New Jersey. The waiver was granted by EPA in coordination with the Department of Energy (DOE).
EPA Administrator Lisa P. Jackson determined that, as a result of effects of Hurricane Sandy, extreme and unusual supply circumstances exist, which may result in a temporary shortage of diesel fuel compliant with federal regulations. The federal waivers will help ensure an adequate supply of fuel for emergency response in New Jersey.
The waiver temporarily allows the use of heating oil in emergency generators and pumps if ultra low-sulfur fuel is not available. The waiver will not apply to a small subset of diesel engines used in generators and pumps that could be damaged by the high sulfur fuel.
Birchwood Laboratory’s General Purpose Degreaser Found to Exceed California’s Limits for VOCs
The California Air Resources Board announced that Birchwood Laboratories, a North American distributor of gun care products, agreed to pay $500,000 for violating consumer product rules that protect air quality.
Birchwood sold Casey Gun Scrubber Solvent/ Degreaser in California. The product exceeded the state’s limits for chemicals known as volatile organic compounds which contribute to the formation of smog. The product also contained trichloroethylene, a toxic air contaminant that is strictly prohibited from use in ‘General Purpose Degreasers’.
“ARB is vigilant about ensuring that products sold to consumers in California meet the standards for smog-causing chemicals,” said ARB Enforcement Chief Jim Ryden. “It is equally important that the General Purpose Degreasers do not contain toxic chemicals.”
The settlement of $500,000 will be paid in four installments of $125,000 directly to the California Air Pollution Control Fund as civil penalties. The first installment was paid in August with future payments due on or before the anniversary of the settlement.
As part of the settlement, Birchwood also agreed that it would not sell, supply, offer for sale, or manufacture for sale in California any consumer product in violation of California’s standards for consumer products as part of an effort to reduce air pollution and smog.
Carmeuse Lime Fined for Clean Air Act Violations
EPA recently announced a consent decree with Carmeuse Lime, Pittsburgh, Pennsylvania, to resolve Clean Air Act violations at the company's Chicago lime manufacturing facility. The company will pay a $350,000 fine and spend $125,000 to replace windows at residences primarily in Chicago’s East Side neighborhood. EPA and the city of Chicago conducted a joint investigation at the Carmeuse facility in response to complaints from nearby residents about excessive dust. The investigation revealed that poor maintenance at the facility allowed dust to be released to the surrounding neighborhood.
The consent decree requires Carmeuse to upgrade and replace equipment and to improve maintenance and housekeeping practices. These changes will be incorporated in the facility's air permit to dramatically reduce the amount of dust released into the neighborhood. Under terms of the consent decree, Carmeuse will pay for the installation of new energy-efficient windows in homes that currently have window frames with lead-based paint. The replacement windows will be installed in the homes of low-income residents with young children to reduce the risk of lead exposure.
Eastern Shore Developer Pleads Guilty to Environmental Violations
Attorney General Douglas F. Gansler recently announced that Kirkley Road Sales, Inc., developer of the Cooke's Hope subdivision in Easton, pled guilty to multiple criminal counts of improper solid waste disposal by open-fire burning and violation of air pollution regulations. The principal owner of Kirkley Road Sales, Inc., is William T. Hunter. The corporation pled guilty during a hearing before Talbot County District Court Judge William H. Adkins III who ordered the defendant corporation to pay a fine of $15,000.
"These blatant and thoughtless violations of the law had an immediate impact on the health, safety and freedoms of nearby residents," said Attorney General Gansler. "Nobody should ever be forced to stay inside their home just to avoid the toxic smoke and fumes discharged from an illegal open fire."
The investigation of the incident revealed that on January 4, 2012, representatives of Kirkley Road Sales, Inc., collected numerous trash and waste items from a local retail store in Queenstown. The manager of the defendant corporation was associated with the retail store and directed company employees to transport the debris to an area inside the Cooke's Hope subdivision where they were doused with kerosene and lit on fire. The burning pile included plastic shelving, display racks and metal shelves, among other items and was approximately five feet high and twenty feet wide. The burn continued for six days, until finally being extinguished on January 10. No permit had been sought or issued, nor would one have been issued, for the burning of such items.
Numerous residents reported being overcome by heavy smoke and the sickening smells of burning plastics and rubber. Complaints from residents included breathing problems and an inability to be outside because of the smoke and fumes during the time of the fire.
Concerns about unauthorized open burning of this nature are significant because toxic and dangerous chemicals are released into the environment (hydrogen chloride, hydrogen cyanide, sulfur dioxide, dioxin, heavy metals). These chemicals can sometimes cause significant health problems (damage to lungs, nervous system, kidneys and liver) and aggravate existing health-related conditions such as cancer, asthma, bronchitis and emphysema.
In announcing the guilty plea, Attorney General Gansler thanked Michelle Barnes, Chief of the OAG Environmental Crimes Unit and Bill Schmidt, OAG Investigator, for their hard work in the case.
Pennsylvania DEP Publishes Final Permit Improvement Policies
The Pennsylvania Department of Environmental Protection announced it has finalized its Permit Review Process and Permit Decision Guarantee and Permit Coordination policies. The agency submitted the final versions of the policies, as well as accompanying comment-and-response documents for each policy, for publication in the November 3 edition of the Pennsylvania Bulletin.
Because of DEP’s emergency response work related to Hurricane Sandy, the final policies will not be implemented until November 14. “These policies deliver on Governor Corbett’s promise to reform how state government works,” DEP Secretary Mike Krancer said. “We are making clear to those who seek permits that we need to see quality applications. That is key. Then, we will do our part to deliver efficient and complete reviews in a predictable time frame.”
The policies implement Gov. Corbett’s July 24 Executive Order, outlining the process DEP will use to guarantee an efficient timeframe in which the agency will make a decision on complete applications for 278 types of permits and authorizations.
In reviewing its permitting procedures, DEP found that 40 percent of permit applications submitted to the agency were deficient, meaning they lacked the full information needed for DEP’s permit reviewers to make a sound decision.
“The result of this was a waste of time and resources for all involved,” Krancer said.
Under the new process, if a permit lacks necessary information, DEP may deny the application. If a complete permit application is technically deficient, requiring it to be returned twice, DEP may deny it. Agency staff will point to specific statutes or regulations when citing deficiencies in the application.
The final Permit Review Process and Permit Decision Guarantee strongly encourages pre-application conferences between DEP staff and applicants to discuss expectations and obligations. The final policy also provides guidance to DEP managers on how to prioritize workload for the review of permits.
“This is not about rushing permits through,” Krancer said. “It is about efficiently using our time and our applicants’ time and resources, and it is about predictable time frames.
“Every complete and technically adequate application we receive will be reviewed thoroughly,” he said. “DEP will issue permits that meet all legal requirements that are in place which protect the environment and public health and safety.”
DEP finalized the policies after reviewing the hundreds of comments submitted during the public comment period, which ran from September 1 to October 1.
The companion Permit Coordination policy outlines how staff should coordinate projects that require multiple permits. During the first year of implementation, DEP staff will review the policies’ effectiveness quarterly and propose necessary adjustments. In addition to using a paperless “completeness notification process” through eFACTS on the Web, a tool to track permits and sites across the state, the agency is developing electronic permitting tools to further improve the process.
In the coming weeks and months, DEP will host web-based information sessions for both eFACTS on the Web and its many program areas, such as air quality and mining. The program-specific webinars will discuss how each program is implementing the new permitting process.
Northshore Mining Pays Penalty for Hazardous Waste Violations
Northshore Mining, Co., was recently penalized by the Minnesota Pollution Control Agency (MPCA) for violating its solid waste permit and state rules regulating hazardous wastes generated at its Lake County, Minnesota, ash landfill facility. The company will pay a penalty, take corrective actions, and perform a supplemental environmental project.
Northshore Mining’s solid waste disposal facility permit, issued by the MPCA in 2010, requires the company to monitor leachate generated at its ash landfill and report any exceedances for pH and other parameters to the MPCA. The company has also been licensed by the MPCA since 1985 as a hazardous waste generator and is required to transport those wastes to an appropriate treatment facility for proper disposal.
On May 9 and July 11, 2011, the company sprayed 39,200 gallons of corrosive hazardous waste leachate to control dust at its landfill. An additional 38,900 gallons of hazardous waste leachate that exceeded allowable disposal levels were delivered to an authorized wastewater treatment plant between July 11 and July 12, 2011.
Northshore Mining did not report these exceedances to the MPCA until September 9, 2011. The company also failed to increase its monitoring frequency after determining pH levels had exceeded their permit requirements.
As a result, Northshore Mining will pay a $242,973 civil penalty and complete seven required corrective actions involving leachate management, reporting and pH-reduction activities.
The company also volunteered to pay an additional $50,000, under terms of a Supplemental Environmental Project agreement, to renovate a household hazardous waste collection building owned and operated by the Western Lake Superior Sanitary District.
Northshore Mining has already completed five requirements and has until December 2012 to complete the remaining two requirements.
Companies to Pay $1.2 Million for Covering up Marine Oil Pollution and Obstruction of Justice
Two German shipping companies pleaded guilty in federal court in Houston to criminal charges that they concealed the illegal dumping of oil at sea from US Coast Guard inspectors.
Nimmrich & Prahm Bereederung and Nimmrich & Prahm Reedrei, the operator and owner of the commercial cargo vessel M/V Susan K, will pay a $1.2 million dollar criminal penalty, $200,000 of which will go to the National Marine Sanctuaries Fund as a community service payment for projects aimed at preserving and restoring the Flower Garden Banks National Marine Sanctuary located off the Texas coast. As a condition of probation, all vessels owned or operated by the defendants will be prohibited from entering US ports or waters for five years.
Federal and international law requires that cargo vessels like the M/V Susan K dispose of oily bilge waste water by using an oil water separator (OWS) or disposing of the waste water at shore facilities. The law also requires that the crew record the disposal of oily waste water in an oil record book that is presented to the Coast Guard during a port inspection.
According to the plea agreement, the chief engineer and other crew members on board the vessel repeatedly discharged oily bilge waste water from the vessel into the ocean from before August 1, 2011, to March 4, 2012, by using a hose that bypassed the vessel’s OWS. The chief engineer then falsified the vessel’s oil record book to conceal the dumping from Coast Guard inspectors when the vessel entered the US ports in Alaska on January 24, 2012, and then in Houston on March 4, 2012.
“Illegal discharges of oil at sea by commercial shippers is an all too common practice, and today’s sentence shows that there are serious consequences for it,” said Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “The defendants will pay a significant penalty and be barred from US waters for deliberately concealing from US authorities their illegal dumping of oil from Alaska to the coast of Texas while at sea. Vessel companies that deliberately violate the laws enacted to protect the oceans will be pursued and prosecuted.”
“The outcomes of these cases demonstrate the commitment of the US Coast Guard and the Department of Justice to protecting our marine environment,” said Rear Admiral Roy A. Nash, Eighth Coast Guard District Commander. “We continue to ensure that companies and individuals who break the law and endanger our natural resources are held accountable.”
The community service payment to the National Marine Sanctuary Foundation will be used to conduct critical monitoring, research and restoration projects in and around Flower Garden Banks National Marine Sanctuary in the Gulf of Mexico. These projects will include coral reef surveys, especially to collect data on coral spawning events and coral resilience. They will also include species monitoring projects, such as acoustic tagging of sensitive, threatened and endangered marine species including manta rays and tiger sharks, as well as commercially important species such as red snapper.
According to court documents, the Coast Guard boarded the vessel in Houston on April 6, 2012, after receiving a tip from a lower level crew member about the illegal dumping of oil and found the hose used to dump the oily waste overboard. During the inspection, the chief engineer lied to the Coast Guard about the hose and the oil dumping and instructed a crew member to lie to the Coast Guard about the use of the hose. The three whistle blowers on the vessel who assisted in the criminal investigation were each awarded $67,000 by the court. Overall, the companies pleaded to two obstruction of justice charges and one violation of the Act to Prevent Pollution from Ships for the violations in the District of Alaska and Southern District of Texas; the single obstruction of justice charge in Alaska was transferred procedurally to Houston. On September 10, 2012, the chief engineer of the vessel pleaded guilty to one criminal charge in Texas and was fined $1,000 and sentenced to one year probation.
This case is being investigated by the US Coast Guard Investigative Service. It is being prosecuted by David P. Kehoe, Senior Trial Attorney, Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division, Gary Cobe, Assistant US Attorney for the Southern District of Texas, and Kevin Feldis, Assistant US Attorney, District of Alaska.
Big Wind, Solar Projects Come Online in Colorado, California
Owned and operated by NextEra Energy Resources, and consisting of General Electric wind turbnes, all the power is being sold to utility Xcel Energy under a long-term contract.
"Our contract with NextEra Energy Resources is one of the lowest we've seen and results in a savings of nearly 40% for our customers. They demonstrate that renewable energy can compete on an economic basis with more traditional forms of generation fuel," says David Eves, president and CEO of Public Service Co. of Colorado, an Xcel Energy company.
During the initial 25 years of operation, NextEra estimates the project will generate $130 million in state and local taxes and landowner royalties. NextEra, the biggest wind developer in the US, is bringing 1,500 MW online this year, the most to date, pushing its total portfolio to over 10,000 MW. NextEra, which owns 44% of US wind farms, only plans to invest $505 million in new farms in 2012, down from $2 billion in 2010, and has no plans for new investments after 2015.
In Southern California, EDF Renewable Energy has turned the switch on the 140 MW Pacific Wind farm and 143 MW Catalina Solar project. Their close geographic proximity made it possible to share some infrastructure, making them one of the largest wind/solar hybrid projects in the US. REpower's wind turbines are powering Pacific Wind, which supplies electricity to 56,000 homes. Solar Frontier and First Solar modules are used in Catalina Solar, which will power 35,000 homes.
"Pacific Wind and Catalina Solar are the direct result of California's renewable energy mandate, as well as the federal production tax credit and the investment tax credit. The PTC for wind, and more recently the ITC for solar, assist renewable resources in leveling the playing field against fossil fuels, which have decades of government incentives behind them," says Mark Tholke, vice president of EDF Renewable Energy's Southwest Region.
EDF Renewable Energy has a wind and solar portfolio of 1,563 MW in the US. T
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Trivia Question of the Week
Generators can put users at risk for carbon monoxide poisoning. What is the OSHA’s permissible exposure limit (PEL) for carbon monoxide?
a. 50 parts per milliona
b. 35 parts per million
c. 25 parts per million
d. 100 parts per million
