New General Permit for Stormwater Discharges from Construction Activities

March 05, 2012

This construction general permit includes new requirements that implement the technology-based Effluent Limitation Guidelines and New Source Performance Standards, which were issued by EPA for the construction and development industry on December 1, 2009.

The permit also includes new water quality-based requirements for construction sites discharging stormwater to waters requiring additional pollutant control. EPA is issuing this construction general permit for five years, during which time the permit will provide coverage to eligible existing and new construction projects in all areas of the country where EPA is the NPDES permitting authority, including Idaho; Massachusetts; New Hampshire; New Mexico; Indian Country Lands; Puerto Rico; Washington, DC; and US territories and protectorates.

The permit became effective on February 16, 2012. For additional information, contact Greg Schaner, EPA Headquarters, Office of Water, Office of Wastewater Management at 202-564-0721.

Indianapolis RCRA, DOT, and OSHA GHS Hazcom Training

 

Charleston RCRA, DOT and IATA/IMO Training

 

San Antonio RCRA and DOT Training

 

How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals

 

Environmental Resource Center is offering webcast training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

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Gasoline Worse than Diesel When it Comes to Some Types of Air Pollution

The exhaust fumes from gasoline vehicles contribute more to the production of a specific type of air pollution—secondary organic aerosols (SOA)—than those from diesel vehicles, according to a new study by scientists from the Cooperative Institute for Research in Environmental Sciences (CIRES), NOAA’s Earth System Research Laboratory (ESRL) and other colleagues.

“The surprising result we found was that it wasn’t diesel engines that were contributing the most to the organic aerosols in LA,” said CIRES research scientist Roya Bahreini, who led the study and also works at NOAA’s ESRL. “This was contrary to what the scientific community expected.”

SOAs are tiny particles that are formed in air and make up typically 40–60% of the aerosol mass in urban environments. This is important because fine-particle pollution can cause human health effects, such as heart or respiratory problems.

Due to the harmful nature of these particles and the fact that they can also impact the climate and can reduce visibility, scientists want to understand how they form, Bahreini said. Researchers had already established that SOAs could be formed from gases released by gasoline engines, diesel engines, and natural sources—biogenic agents from plants and trees—but they had not determined which of these sources were the most important, she said. “We needed to do the study in a location where we could separate the contribution from vehicles from that of natural emissions from vegetation,” Bahreini said.

Los Angeles proved to be an ideal location. Flanked by an ocean on one side and by mountains to the north and the east, it is, in terms of air circulation, relatively isolated, Bahreini said. At this location, the scientists made three weekday and three weekend flights with the NOAA P3 research aircraft, which hosted an arsenal of instruments designed to measure different aspects of air pollution. “Each instrument tells a story about one piece of the puzzle,” she said. “Where do the particles come from? How are they different from weekday to weekend, and are the sources of vehicle emissions different from weekday to weekend?” she said.

From their measurements, the scientists were able to confirm, as expected, that diesel trucks were used less during weekends, while the use of gasoline vehicles remained nearly constant throughout the week. The team then expected that the weekend levels of SOAs would take a dive from their weekday levels, Bahreini said.

But that was not what they found. Instead the levels of the SOA particles remained relatively unchanged from their weekday levels. Because the scientists knew that the only two sources for SOA production in this location were gasoline and diesel fumes, the study’s result pointed directly to gasoline as the key source.

“The contribution of diesel to SOA is almost negligible,” Bahreini said. “Even being conservative, we could deduce from our results that the maximum upper limit of contribution to SOA would be 20 percent.”

“That leaves gasoline contributing the other 80 percent or more of the SOA,” Bahreini said. The finding will be published in Geophysical Research Letters, a journal of the American Geophysical Union. “While diesel engines emit other pollutants such as soot and nitrogen oxides, for organic aerosol pollution they are not the primary culprit,” Bahreini said.

If the scientists were to apply their findings from the LA study to the rest of the world, a decrease in the emission of organic species from gasoline engines may significantly reduce SOA concentrations on a global scale as well. This suggests future research aimed at understanding ways to reduce gasoline emissions would be valuable.

EPA Proposes to Keep Greenhouse Gas Permitting Requirements Focused on Largest Emitters

EPA is proposing not to change the greenhouse gas (GHG) permitting thresholds for the Prevention of Significant Deterioration (PSD) and Title V Operating Permit programs. The proposal is part of EPA’s phased-in approach to GHG permitting under the Clean Air Act (CAA). EPA is also proposing steps that would streamline the permitting process for large emitters already covered by the agency’s program, including sources that account for nearly 70% of the total GHG pollution from stationary sources.

EPA’s proposal is consistent with its phased-in approach, announced in 2010, to tailor the requirements of the CAA to ensure that industrial facilities and state governments have the tools they need to minimize GHG emissions and that only the largest emitters need permits.

After consultation with states and evaluating the process, EPA believes that the current approach is working well, and that state permitting authorities are currently managing PSD permitting requests. Therefore, EPA has proposed not to include additional, smaller sources in the permitting program at this time.

EPA’s GHG permitting program follows the same CAA process that states and industry have followed for decades to help ensure that new or modified facilities are meeting requirements to protect air quality and public health from harmful pollutants. As of December 1, 2011, EPA and state permitting authorities have issued 18 PSD permits addressing GHG emissions. These permits have required new facilities, and existing facilities that have chosen to make major modifications, to implement energy efficiency measures to reduce their GHG emissions.

The GHG Tailoring Rule would continue to address a group of six GHGs: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). The PSD permitting program protects air quality and allows economic growth by requiring facilities that trigger PSD to limit GHG emissions in a cost effective way. An operating permit lists all of a facility’s CAA emissions control requirements and ensures adequate monitoring, recordkeeping, and reporting. The operating permit program allows an opportunity for public involvement and to improve compliance.

Under the approach maintained in this proposal, new facilities with GHG emissions of at least 100,000 tons per year (tpy) carbon dioxide equivalent (CO2e) continue to be required to obtain PSD permits. Existing facilities that emit 100,000 tpy of CO2e and make changes increasing the GHG emissions by at least 75,000 tpy CO2e, must also obtain PSD permits. Facilities that must obtain a PSD permit, to include other regulated pollutants, must also address GHG emission increases of 75,000 tpy or more of CO2e. New and existing sources with GHG emissions above 100,000 tpy CO2e must also obtain operating permits.

EPA will accept comments on this proposal for 45 days after it is published in the Federal Register. A public hearing will be held on March 20, 2012, in Arlington, Virginia, to listen to public comment about the proposal.

New Materials Remove CO2 from Smokestacks, Tailpipes and Even the Air

Scientists are reporting discovery of an improved way to remove carbon dioxide (CO2)—the major GHG that contributes to global warming—from smokestacks and other sources, including the atmosphere. 

Alain Goeppert, G. K. Surya Prakash, chemistry Nobel Laureate George A. Olah and colleagues explain that controlling emissions of CO2 is one of the biggest challenges facing humanity in the 21st century. They point out that existing methods for removing CO2 from smokestacks and other sources, including the atmosphere, are energy intensive, don’t work well, and have other drawbacks. In an effort to overcome such obstacles, the group turned to solid materials based on polyethylenimine, a readily available and inexpensive polymeric material.

Their tests showed that these inexpensive materials achieved some of the highest CO2 removal rates ever reported for humid air, under conditions that stymie other related materials. After capturing CO2, the materials give it up easily so that the CO2 can be used in making other substances, or permanently isolated from the environment. The capture material then can be recycled and reused many times over without losing efficiency. The researchers suggest the materials may be useful on submarines, in smokestacks or out in the open atmosphere, where they could clean up CO2 pollution that comes from small point sources like cars or home heaters, representing about half of the total CO2 emissions related to human activity.

PCBs Bulk Product Versus Remediation Waste

 The proposed reinterpretation is in response to questions EPA received about the application of particular disposal and cleanup regulatory requirements regarding PCB-contaminated building materials designated for disposal. Comments are due March 30, 2012.

 

Sumter Coatings Inc. to Pay Civil Penalty for RCRA Violations

Sumter Coatings Inc., (SCI), agreed to pay a $55,000 civil penalty as part of a settlement with the EPA for a series of hazardous waste violations at its facility in Sumter, South Carolina. As part of the settlement, SCI agreed to develop a personnel training program, develop a schedule for implementation of the training program, and identify facility employees who require training.

SCI manufactures paints and coatings primarily for the steel and farm implement industry. SCI also blends raw materials onsite to create custom coatings.

The violations were observed during April 2010, when inspectors from the EPA and the South Carolina Department of Health and Environmental Control (DHEC) performed a Resource Conservation and Recovery Act (RCRA) compliance evaluation inspection. The settlement resolves several alleged violations that were noted during the inspection. The alleged violations include:

  • Improper management of hazardous waste containers on site;
  • Failure to provide a sufficient base beneath containers which held hazardous waste;
  • Failure to make a hazardous waste determination;
  • Failure to inspect all areas where hazardous waste containers are stored weekly;
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  • Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.

SCI implemented the process changes to reduce the risk of release from hazardous waste containers. The changes include: labeling all containers with the necessary information, reducing the number of locations where short term storage occurs, changing container sizing, and completing all necessary waste determinations. SCI also applied a non-porous sealant to the base floor surface where the majority of hazardous waste containers are staged during regular operations.

Illegal Hazardous Waste Transporter Discovered Near High School

The California Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) are taking aggressive steps to ensure the safety of an El Monte, California, neighborhood after the discovery of an illegal hazardous waste transporter next to Mountain View High School.

Recently, inspectors from DTSC and AQMD, conducted an unannounced inspection of Titan Environmental Inc., (Titan), located at 12432 Valley Blvd. in El Monte, after DTSC received an anonymous complaint about the possible illegal storage and transportation of asbestos-containing waste at the site. Titan has been operating at this location since September 2011. State law prohibits hazardous waste management facilities to be located within 500 feet of a school. Companies that violate this law could face up to $25,000 dollars a day in fines.

As a result of the inspection, DTSC and AQMD have ordered Titan to:

  • Immediately stop accepting any deliveries of asbestos-containing waste materials
  • Stop removing or transporting this material offsite
  • Ensure that all asbestos-containing materials are properly secured and handled

Titan has complied with all requirements and access to the site is restricted. DTSC and AQMD officials believe that the site does not currently pose a hazard to the community, and that no asbestos fibers are presently being released into the air from the site. However, as an added precautionary measure AQMD collected 15 air samples around the perimeter of the site during five days to check for levels of airborne asbestos fibers. No asbestos fibers were found in any of the samples. AQMD will conduct additional sampling once cleanup activities start at the site.

Hands-on Training Offered by Louisiana DEQ for NetDMR Online Reporting

The Louisiana Department of Environmental Quality (DEQ) is offering training for permittees on the submission of discharge monitoring reports using the NetDMR online application. A DMR is a self-reporting document generated by permittees who have a Louisiana Pollutant Discharge Elimination System permit. The DMR contains information pertaining to water discharges into waters of the state.

The three-hour session is intended to provide permittees and data providers with an overview of the NetDMR application that will enable the online submissions of the required discharge monitoring reports. The training will instruct participants on registering for an account, entering data, and signing and submitting a DMR online using the NetDMR test environment.

The training schedule includes:

Baton Rouge

March 15, 8:30 a.m. until 11:30 a.m.

DEQ Headquarters

602 N. 5th Street

10th floor computer training rooms

Alexandria

March 22 from 9 a.m. until 12 noon

Louisiana Technical College

Building A – 2nd floor

4311 S. MacArthur Drive

 

California Refrigerant Management Program Deadline Extended

For California refrigeration system facility owners and operators, refrigerant distributors/wholesalers, and refrigerant reclaimers that were required to report their 2011 refrigerant data by March 1, 2012, the registration, reporting, and fee payment deadline has been extended to April 1, 2012. The one-time extension provides additional time for the first reporting under the Refrigerant Management Program (RMP). The California Air Resources Board’s goal in establishing this extension is to have you do a complete and thorough review of the refrigerant usage data before submitting reports to the ARB.

 

Gateway Resource Recovery, LLC Pleads Guilty to Reckless Conduct for Handling of Lead

New Hampshire Attorney General Michael A. Delaney and Special Agent-in-Charge Michael Hubbard of the EPA’s Criminal Investigation Division have announced that Gateway Resource Recovery, L.L.C. pled guilty to one count of misdemeanor reckless conduct in Rockingham County Superior Court.

Gateway is a scrap metal dealer located in Salem, New Hampshire. Under New Hampshire’s hazardous waste laws, scrap metal dealers, such as Gateway, may only accept lead-containing material, which would otherwise constitute hazardous waste, if the material meets the definition of “scrap metal.” The State’s reckless conduct charge stems from an incident where Gateway handled a powdery lead-containing material from a firearms range, which did not meet the definition of scrap metal. Gateway lacked the required permit and ability to handle lead in this form, including tracking its ultimate disposition. In powder form, lead represents a much greater risk to human health than lead in solid form.

Pursuant to the terms of the plea, the Court fined Gateway $20,000, with $10,000 suspended for a period of three years conditioned on Gateway fulfilling a number of conditions. Those conditions include the following: Gateway is prohibited from accepting any lead-containing material in powder form that qualifies as hazardous waste; Gateway is required to keep documentation showing that lead containing-material it does accept, which would otherwise be hazardous waste, qualifies for the “scrap metal” exemption; Gateway is required to develop written protocols for its personnel dictating the proper procedure to follow when unacceptable material is delivered to or is discovered at the facility; and a Gateway representative is required to attend Department of Environmental Services’ classes on hazardous waste and disseminate the information learned to Gateway personnel.

Armstrong Environmental Services to Pay $35,000 Penalty for Clean Water Act Violations

EPA announced a settlement with Armstrong Environmental Services (AES) over alleged Clean Water Act (CWA) violations at the company’s waste processing and disposal facility in Lancaster, Pennsylvania. AES agreed to pay a $35,000 penalty for allegedly exceeding permit limits when discharging industrial wastewater pollutants to the City of Lancaster Wastewater Treatment Plant in Lancaster County, Pennsylvania. The settlement also requires the company take actions to minimize the likelihood of future violations.

EPA’s complaint alleged AES exceeded its pretreatment permit discharge limits for pollutants oil and grease, pH, and copper for a period of five-years. As part of the settlement, AES did not admit liability for the alleged violations, but has certified that it is now in compliance with applicable CWA requirements.

The CWA requires companies discharging pollutants to publicly owned wastewater treatment works (POTWs) to obtain a permit from the POTW limiting the amount of pollution that may be discharged to the plant. This usually requires some type of pretreatment by the discharging facility.

 

Inaugural Climate Leadership Awards

 The awards recognize corporate, organizational, and individual leadership in addressing climate change and reducing carbon pollution. From setting and exceeding aggressive emissions reduction goals to reducing the emissions associated with shipping goods, these organizations are improving efficiency, identifying energy and cost saving opportunities, and reducing pollution.

“The Climate Leadership Award winners are breaking new ground in cutting carbon pollution that harms our climate and threatens our health,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “We applaud our winners for their inspiring leadership, and hope they will serve as examples to catalyze the efforts of other organizations.”

“The inaugural winners of the Climate Leadership Award have demonstrated aggressive greenhouse gas (GHG) management actions and climate-related strategies,” said Daniel Kreeger, ACCO’s Executive Director. “The exemplary climate response exhibited by these organizations is a testament to the visionary leadership and innovation within their executive suite and workforce. The thought and action leadership of these award winners is a model for all companies, government entities, academic institutions and individuals for which to strive to achieve.”

“Corporate leadership is essential to meeting our climate and energy challenges,” said C2ES President Eileen Claussen. “We join EPA in applauding the first winners of the Climate Leadership Award. These companies demonstrate every day that it’s possible to shrink your carbon footprint without compromising your bottom line. Their accomplishments will inspire other companies to act, and will contribute to strong, sensible policies benefiting both our economy and our climate.”

“The Climate Registry congratulates the inaugural Climate Leadership Award winners on their impressive achievements,” said David Rosenheim, the executive director of TCR. “As we transition in the next few years to a low carbon economy, these organizations will undoubtedly reap the benefits of taking aggressive action to reduce their carbon risk.”

The categories of awards and recipients of the awards include:

Organizational Leadership: Recognizes organizations for exemplary leadership both in their internal response to climate change and through engagement of their peers, competitors, partners, and value chain:

  • IBM
  • San Diego Gas & Electric

Individual Leadership: Recognizes an individual for outstanding efforts in leading an organization’s response to climate change:

  • Gene Rodrigues, Director of Customer Energy Efficiency and Solar at Southern California Edison

Supply Chain Leadership: Recognizes organizations for actively addressing emissions outside their operations:

  • Port of Los Angeles
  • SAP
  • UPS

Excellence in GHG Management (Goal Achievement): Recognizes organizations for aggressively managing and reducing their GHG emissions:

  • Campbell Soup Company
  • Casella Waste Systems
  • Conservation Services Group
  • Cummins Inc.
  • Fairchild Semiconductor
  • Genzyme
  • Hasbro
  • Intel Corporation
  • International Paper
  • SC Johnson

Excellence in GHG Management (Goal Setting): Recognizes organizations for establishing aggressive GHG reduction goals:

  • Avaya
  • Bentley Prince Street
  • Campbell Soup Company
  • Ford Motor Company
  • Gap Inc.
  • Ingersoll Rand

Lumber Mill Cited for PCB Violations

Sanders Wood Products Company in Liberal, Oregon, was found to have a series of PCB leaks and other violations of federal PCB laws at its lumber mill, according to a settlement reached with the EPA. The company will pay over $108,000 in penalties.

“There are clear standards for how to manage toxic chemicals like PCBs so they don’t harm people or the environment,” said Scott Downey, Manager of the Pesticides and PCBs Unit in EPA’s Seattle office. “This dangerous family of chemicals accumulates in the body and can be extremely difficult and expensive to clean up.”

During an inspection in 2009, an EPA inspector identified leaks in three PCB-containing transformers. Federal law requires repair, containment, or replacement of leaking transformers containing polychlorinated biphenyls, commonly known as PCBs. In addition, the transformers were not properly maintained and lacked necessary labels.

Congress banned PCBs in 1979, but they may be present in products and materials produced before the ban including electrical transformers, capacitors, oil used in motors, oil-based paint, plastics, and insulation.

As part of the settlement, the company confirmed it has removed the leaking transformers from the facility. The areas where the PCBs leaked have also been cleaned up. The company has also certified it is currently in compliance with all applicable requirements under the Toxic Substances Control Act at each of its facilities.

EPA Fines Western Digital $62,500 for Hazardous Waste Violations

EPA fined Western Digital Corporation, a wafer fabrication facility that generates large quantities of hazardous wastes including solvents, acids, and sulfates, $62,500 for the improper management of hazardous waste at its Fremont, California, facility.

A 2010 inspection at Western Digital Corporation uncovered violations of federal standards governing the handling and storage of hazardous waste. In this case, the facility manufactures components used to make hard drives, using a variety of hazardous materials. Among the violations were failure to properly label and seal containers, failure to control tank emissions, failure to adequately train personnel, failure to monitor equipment, failure to provide an adequate contingency plan, and failure to provide a leak detection system.

 

EPA Requests Comment on 17th Annual US Greenhouse Gas Inventory

EPA is seeking public comment on the annual “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2010” () draft report. The Inventory is the US’ official estimate of total national GHG emissions, and is developed annually to meet commitments under the United Nations Framework Convention on Climate Change (UNFCCC). The draft report will be open for public comment for 30 days.

The draft report shows that in 2010, overall GHG emissions increased by 3.3% from the previous year. This trend is attributed to an increase in energy consumption across all economic sectors, due to increasing energy demand associated with an expansion in the economy. There was also an increase in air conditioning use due to warmer summer weather during 2010. Total emissions from GHGs were about 6,866 million metric tons of CO2 equivalent. Overall, emissions have grown by 11% from 1990 to 2010.

The inventory tracks annual GHG emissions nationally from 1990 to 2010. The gases covered by this inventory include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). The inventory also calculates CO2 emissions that are removed from the atmosphere by “sinks,” e.g., through the uptake of carbon by forests, vegetation, and soils.

EPA prepares this annual report in collaboration with experts from other federal agencies. After responding to public comments, the US government will submit the final inventory report to the Secretariat of the UNFCCC. This report will fulfill the annual requirement of the UNFCCC international treaty, ratified by the US in 1992, which sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change.

Environmental News Links

 

Trivia Question of the Week

When you ship small quantities of hazardous materials (30 ml or less), the package must be able to withstand drop tests on all sides without breakage from how high?
a. 2.5 feet
b. 4. 4 feet
c. 5.9 feet
d. Packages for small quantities are exempt from testing, provided the shipment is by ground