New International Agreement on Chemical Controls

Delegates from more than 120 countries moved forward on some key chemical and waste issues but stalled on some of the most important matters. The combined meetings of the Basel, Rotterdam, and Stockholm Conventions in Geneva covered prohibition of chemicals, waste guidelines, and responsible trade.

The listing also requires labeling new building insulation products containing HBCD, which helps countries separate dangerous products and wastes. Delegates rejected a proposal to allow recycling of products containing HBCD—a practice prohibited by the Convention.

“Governments made the right decision to ban this chemical and label new products containing it during the five-year phase-out,” said Dr. Mariann Lloyd-Smith, IPEN Senior Adviser. “This is a common-sense approach that will help countries separate dangerous products and wastes.”

The Basel Convention tried to finalize e-waste guidelines but some developed countries and the electronics industry proposed loopholes that would allow repairable electronic waste to be exempt from the Basel Convention hazardous waste trade control procedures. The guidelines could not be adopted because developed countries would not agree to the e-waste guidelines without these loopholes.

“Developing countries struggling with e-waste would benefit from the Basel e-waste guidelines,” said Tadesse Amera, Pesticide Action Nexus, Ethiopia. “But they do not want loopholes that allow dumping under the excuse of repair. We need stronger measures, not a weakened treaty.”

Delegates at the Rotterdam Convention considered the addition of six chemicals to the Convention list. A Convention listing does not ban a substance but simply requires exporters to notify and get permission from importing countries.However, a small number of countries took the political decision of blocking the listing of chrysotile asbestos and paraquat, a highly hazardous pesticide. “All the candidate substances met the Convention criteria according to the treaty’s own expert committee,” said Joe DiGangi, IPEN Science and Technical Advisor. “That means that a small handful of opposing countries undermined the treaty with a political decision that disrespects governments’ right to know what substances are entering their borders.”

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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)

OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.

Rhode Island Shipbuilder to Pay Over $250,000 in EPA Settlement for Air Emission Violations

Blount Boats, Inc., which operates a shipbuilding and ship repair facility in Warren, Rhode Island, has agreed to pay a $24,000 penalty and spend at least $230,000 on a clean air project to resolve EPA claims that Blount violated both federal and state clean air regulations. Blount’s facility builds and repairs vessels such as transport ferries and small cruise ships.

EPA alleges that Blount violated the federal Clean Air Act (CAA) National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Shipbuilding and Ship Repair Facilities by using paints with hazardous air pollutants greater than the allowable limits, failing to keep required records of paint usage, and failing to submit notifications and reports to state and federal officials.

EPA also alleges that Blount violated Rhode Island Air Pollution Controls by failing to apply for and obtain New Source Review permits upon acquisition of new paint spray guns in 2009; apply for and obtain a CAA Title V operating permit; and failing to apply for and obtain an emission cap permit. The company also failed to comply with specific certification and recordkeeping requirements for the surface coating of miscellaneous metal parts and products.

To address the violations identified by EPA, Blount will submit a plan to EPA and the Rhode Island Department of Environmental Management (RI DEM) outlining how it will comply with the NESHAP. Blount also will apply for a New Source Review permit and a Title V permit from RI DEM.

Under the settlement, Blount has agreed to perform a “Supplemental Environmental Project” (SEP) with a value of at least $230,000. The SEP involves the construction and use of a modular vinyl shelter over the construction ways at Blount’s facility. Blount will use the shelter, which has forced ventilation with filtration of the exhaust, during sandblasting and spray-painting operations. The use of the shelter will reduce harmful emissions from hazardous air pollutants, volatile organic compounds, and particulate matter.

Many of the chemicals used by Blount are both hazardous air pollutants and volatile organic compounds. 

Trucking Company Will Pay $83,500 for Gasoline Spill

EPA announced that Keller Transportation, Inc., (Keller), has agreed to pay penalties totaling $83,500 to settle Clean Water Act claims related to a 2008 tanker truck spill approximately 500 feet from the shores of Flathead Lake and within the exterior boundaries of the Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Nation. The tanker spill resulted in more than 6,300 gallons of gasoline entering springs along Flathead Lake, impacting groundwater as well as the lake.

“Truck accidents can have a significant impact on the environment and in this case caused a threat to public health,” said Mike Gaydosh, EPA enforcement director in Denver. “This penalty serves as a strong reminder that every effort must be taken to avoid accidents and spills when hauling hazardous materials. EPA will take necessary steps to protect the public.”

The tanker truck accident occurred on April 2, 2008, and was determined to have been caused due to excessive speed around a curve on Montana Highway 35 in Lake County, Montana, resulting in the second tanker trailer striking a rock embankment causing the trailer to rupture. Gasoline from the tanker discharged onto the embankment directly up gradient from Flathead Lake, impacting the seeps, springs, and adjoining shorelines of the Flathead Lake. Fumes from the spill resulted in the evacuation of five homes along the lake for nearly a year.

EPA, in coordination with CSKT, has been working with Keller on the clean up at the site since April 2008. In May 2008 and amended September 2008, EPA issued an administrative order to Keller for the remediation activities that were necessary at the site. Remediation activities have included installation of air abatement systems in the affected homes, ongoing air monitoring, removal and appropriate disposal of contaminated soil, and installation of a groundwater collection trench and permanent water treatment system to treat the contaminated groundwater.

Annual air monitoring has indicated that the abatement systems are working properly as there have been no identified indoor air violations in the affected homes in the past three years. Groundwater sampling shows that the area of contamination is decreasing, but there are still high levels of contamination in the main spill pathway. Keller will continue to operate the water treatment system under the requirements of EPA’s administrative order until such time as EPA determines that appropriate clean up levels have been met. Keller has complied with all the cleanup requests that have been required by EPA.

Regional Water Quality Control Board Approves $1,254,414 Settlement Against City of San Diego for Sewage Discharges

The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board), has approved a $1,245,414 penalty settlement against the City of San Diego for sewage discharges from Pump Station 64 during the September 8, 2011, area-wide power outage.

Approximately 2.4 million gallons of sewage spilled into Los Penasquitos Creek, Los Penasquitos Lagoon, and the Pacific Ocean when the city’s redundant power supply system failed, causing a backup in collection infrastructure and the subsequent overflow. The sewage affected Torrey Pines State Natural Reserve and Torrey Pines State Beach, which support recreation, wildlife, and commercial uses.

Half of the $1,245,414 penalty will be suspended and dismissed upon the city’s successful completion of installation of backup generators for six locations throughout the city’s service area where similar power failures could affect wastewater infrastructure, including Pump Station 64. The city’s total budget for the purchase and installation of these backup generators is $17,746,000. The remaining $622,707 of the penalty will be deposited in the State Water Pollution Cleanup and Abatement Account to be used to remediate pollution in the state’s waters.

“The San Diego Water Board is committed to protection and restoration of the extraordinary salt marsh habitat that makes Los Penasquitos Lagoon a jewel of California. We expect the unacceptable recurrence of sewage spills from Pump Station 64 to come to a close with the installation of backup generators,” said James Smith, Assistant Executive Officer.

San Diego Water Board Approves Updated Storm Water Runoff Regulations

The San Diego Water Board has approved a new regional municipal separate storm water sewer system (MS4) permit designed to prevent pollutants such as trash, metals, bacteria, chemicals, and pesticides from being washed into storm drains and into creeks, rivers, and the ocean.

Called a Regional MS4 Permit, it is a region-wide (MS4) National Pollutant Discharge Elimination System (NPDES) Permit that will regulate MS4 discharges to inland surface waters, bays, and estuaries and coastal waters throughout the three counties within the San Diego Region.

The Regional MS4 Permit will jointly cover 39 municipal, county government, and special district entities (referred to jointly as Copermittees) located in Southern Orange County, Southwestern Riverside County, and San Diego County who own and operate large MS4s which discharge storm water (wet weather) runoff and non-storm water (dry weather) runoff to surface waters throughout the San Diego Region. The Copermitees will be covered by the new Regional MS4 Permit in a phased a manner as their current MS4 permits expire or upon request for earlier coverage prior to permit expiration.

Storm water runoff is a major statewide water quality problem, posing a threat to human health and water ecosystems. In the San Diego region, pollutants in urban runoff have caused beach closings, impairment of streams, creeks, and bays, fish consumption warnings, reduced habitat for threatened and endangered species, and unsightly accumulations of trash and debris in surface waters of San Diego, Riverside, and Orange counties. The dimensions of the urban runoff problem highlight the need for a shift to the innovative and more adaptive regulatory approach offered by the Regional MS4 Permit.

“Clean water is vitally important for human, environmental, and economic health in the San Diego Region,” said San Diego Water Board Executive Officer David Gibson. “The new storm water permit is designed to give municipalities the flexibility to implement a watershed based approach to restoring and maintaining the health of our waters in the most affordable, effective, and measureable way.”

Gibson explained the watershed approach is necessary to uniformly regulate storm water runoff in all three counties in the region and provide the community based approach most likely to achieve lasting improvements in water quality. “San Diegans from all walks of life have dedicated countless thousands of volunteer hours in cleaning up trash and other wastes discharged into our creeks, rivers, bays, lagoons, and beaches from our storm drain systems. We all must use the approach of this storm water permit so that one day soon that will no longer be necessary.”

A key feature of the Regional MS4 Permit is that it provides a flexible and adaptive process for the Copermittees to select and address the highest priority water quality issues. The process also allows the Copermittees to build upon their efforts to achieve goals that will yield the greatest water quality improvements. The regional approach also offers the opportunity to better achieve regulatory consistency as well as maximum efficiency and economy of resources for both the San Diego Water Board and the Copermittees.

Storm water discharge permit holders have a wide range of strategies available under the new permit to reduce pollution including public education of residents for activities like car washing and pesticide use, retrofitting of existing areas with permeable materials to remove pollutants, and requiring engineering practices that allow for storm water capture and re-use.

NJ Launches New Online Services to Expedite Permit Applications and Public Notifications

The New Jersey Department of Environmental Protection (DEP) has launched a series of new online services that will allow the public to electronically apply for various permits and licenses or to electronically post certain public notices.

“The Christie Administration has prioritized the reduction of red tape and embraces easy, common-sense processes that alleviate unnecessary burdens for the public,” Commissioner Bob Martin said. “With our improved technology, our streamlined e-permitting programs have proven successful for property owners and contractors, while still requiring applicants to meet the DEP’s same high environmental standards.”

• Licensed Site Remediation Professional Services: Allowing individuals to electronically submit the annual remediation fee; the retention and release of the licensed site remediation professional (LSRP); documentation for correcting information regarding the Remedial Priority Scoring (RPS) System; and underground storage tank (UST) closure and registration.
• Aquatic Pesticide Permit Applications: Allowing individuals to apply for a two-year permit to use pesticides to control aquatic pests at a specific site.
• Tidelands License Renewal Applications: Allowing applicants with expired or expiring Tidelands Licenses to renew them online.
• Air General Permits: For common types of equipment that do not have significant air contaminant emissions, like gas stations and gas fired furnaces, owners can obtain on line air pollution control permits, which are lower cost than a regular permit, and which allow construction to commence the same day.

The DEP for years has utilized on-line permit application systems for its air, water, and underground storage tanks programs. Over the past two years, as part of a modernization and customer service effort, the DEP’s Division of Land Use Regulation has launched e-permitting systems to allow the public to apply for various types of waterfront development permits in coastal areas and general permits that allow for additions to existing houses and replacements of malfunctioning septic systems. Applicants still must meet tough environmental standards but can make quicker decisions on projects that can save property owners money and time.

Researchers Pinpoint How Trees Play Role in Smog Production

After years of scientific uncertainty and speculation, researchers at the University of North Carolina at Chapel Hill show exactly how trees help create one of society’s predominant environmental and health concerns: air pollution.

It has long been known that trees produce and emit isoprene, an abundant molecule in the air known to protect leaves from oxygen damage and temperature fluctuations. However, in 2004, researchers, contrary to popular assumptions, revealed that isoprene was likely involved in the production of particulate matter, tiny particles that can get lodged in lungs, lead to lung cancer and asthma, and damage other tissues, not to mention the environment. But exactly how was anybody’s guess.

Jason Surratt, assistant professor of environmental sciences and engineering at the Gillings School of Global Public Health, now reveals one mechanism by which isoprene contributes to the production of these tiny, potentially health-damaging particles.

Nitrogen oxides are pollutants created by cars, trucks, aircrafts, coal plants, and other large scale sources.

“The work presents a dramatic new wrinkle in the arguments for reducing man-made pollutants worldwide,” said Surratt, whose work was published this month in the Proceedings of the National Academy of Sciences. “Isoprene evolved to protect trees and plants, but because of the presence of nitrogen oxides, it is involved in producing this negative effect on health and the environment.” “We certainly can’t cut down all the trees,” Surratt adds, “but we can work on reducing these man-made emissions to cut down the production of fine particulate matter.”

With the precise mechanism now revealed, researchers can plug it into air quality models for better predicting episodes of air pollution and potential effects on earth’s climate. The advance would allow researchers and environmental agencies to evaluate and make regulatory decisions that impact public health and climate change.

“We observe nature’s quirks, but we must always consider that our actions do have repercussions,” said Surratt. “It’s the interaction between these natural and man-made emissions that produces this air pollution, smog and fine particulate matter—and now we know one reason for how it happens.”

California Energy Commission Keeps State on Track to Reach Clean Transportation Goals

The California Energy Commission has unanimously adopted the 2013-2014 Investment Plan Update to support the development and use of green vehicles and alternative fuels. The update sets funding priorities for the approximately $100 million in annual state funds under the Commission’s Alternative and Renewable Fuels and Vehicle Technology (ARFVT) Program, created by Assembly Bill 118.

“This investment plan provides a solid foundation for the continued transformation of California’s transportation sector,” said Energy Commission Chair Robert B. Weisenmiller. “The plan will guide the Commission in supporting projects that reduce greenhouse gas (GHG) emissions, improve air quality, increase fuel diversity to reduce reliance on petroleum, and help create jobs. These efforts benefit all Californians by protecting the environment and public health, and ensuring the state continues to be a leader in green technology.”

Funding priorities through the ARFVT Program support fuel and vehicle development to help attain the state’s climate change policies. In addition, the program funds projects that assist in fulfilling Governor Brown’s Zero Emission Vehicles (ZEV) Action Plan, with a target of installing enough infrastructure to support 1 million ZEVs by 2020, and a 2025 target of having 1.5 million ZEVs on the state’s roads.

Investments made through the program’s competitive solicitation process provide a crucial jump-start in funding to overcome market barriers for new fuels and technology, while leveraging additional investment from federal agencies, research institutions, private investors, and other stakeholders.

“We provide needed funding to cutting edge technologies. Using public money to supplement private sector investments and hedge financial risk is critical to getting new technology cars, trucks and fuels into our California markets,” Chair Weisenmiller said.

The program funds projects to encourage the development and use of new technologies and alternative and renewable fuels, including electricity, natural gas, biomethane, hydrogen, and gasoline and diesel substitutes, such as cellulosic ethanol (derived from woody materials, including agricultural waste), and biodiesel from waste grease. Funding sources include small surcharges on vehicle and vessel registrations, and license plate and smog abatement fees.

The program is essential to California’s efforts to reduce (GHG) emissions to 80% below 1990 levels by 2050, as required by AB 32; decrease petroleum fuel use to 15% below 2003 levels by 2020; increase the use of alternative fuels to 26% of all fuel consumed by 2022; and reduce emissions of nitrogen oxides to 80% of 2010 levels by 2023 to help meet federal ozone standards in areas of California such as the San Joaquin Valley and South Coast air basins.

Currently, the state’s transportation sector accounts for nearly 40% of the state’s GHG emissions, and more than 95% of all transportation energy consumed in California is petroleum-based.

Among the ARFVT Program’s achievements to date:

• Awards have leveraged more than $450 million in additional private and public investment
• More than 5,750 Californians have received job training
• Approximately 5,400 short- and long-term jobs have been created through funded projects
• More than $390 million has been awarded to more than 220 projects
• Supporting alternative fuels and vehicle technologies that can displace more than 375 million gallons of petroleum fuel (equivalent to removing 1 million or more cars) and reduce GHG emissions by at least 2.7 million metric tons by 2020
• Funding for more than 7,150 electric vehicle charging points, creating the largest charging network of any state
• Laying the groundwork for the largest hydrogen fuel cell vehicle fueling network in the country through funding of 17 hydrogen fueling stations
• Applications for close to $1.5 billion for nearly 400 projects beyond available funding attest to the need for—and interest in—the program
• The investment plan update was developed with the input of the ARFVT Program Advisory Committee, stakeholders, and the public. This new update covers the fifth year of this innovative program, which is unique to California.

The state’s investments in these projects are safeguarded by matching fund requirements for awardees and by making payments on a reimbursement basis after invoices are submitted, reviewed and approved.

The 2013-2014 plan update allocates $100 million to projects in the following areas:

• $23 million for biofuels production and supply, with an emphasis on fuels made from waste-based and other low-carbon, sustainable materials
• $20 million for hydrogen fueling infrastructure. An estimated 68 stations are needed to support the anticipated rollout of these vehicles in 2015-2017. Roughly 24 stations are built or in development.
• $15 million for medium- and heavy-duty electric truck and hybrid vehicle demonstration projects
• $12 million for natural gas vehicle incentives. These incentives help to pay the difference between the cost of alternative-fuel vehicles and conventional vehicles. Buyers must agree to register and operate the vehicles in California at least 90% of the time for three years.
• $7 million for electric vehicle charging infrastructure, coordinated to fulfill the Governor’s ZEV Action Plan. Workplace, fleet, and multi-unit dwelling projects will be given priority.
• $5 million for light-duty plug-in electric vehicle rebates to meet high demand for the Clean Vehicle Rebate Program, administered by the California ARB
• $5 million for manufacturing projects, supporting economic development and clean transportation technology
• $4 million to emerging opportunities. This allocation is not specifically tied to any single fuel or technology type, with a priority for projects that can leverage federal funding.
• $3.5 million for regional alternative fuel readiness and planning, building on previous projects supporting these efforts
• $2 million for centers for alternative fuels and advanced vehicles to support collaborative efforts that promote innovation, demonstrate new technologies, leverage venture capital and federal funds, and provide workforce training
• $2 million to workforce training and development
• $1.5 million for natural gas fueling infrastructure to support growing use of these alternative fuel vehicles by many entities, including school districts

Statewide Paint Recycling Program Approved for Connecticut

 Legislation for the plan was signed into law by Governor Dannel Malloy in 2011. The program is set to begin July 1, 2013.

The 2011 law mandates that paint manufacturers create and fund an easy-to-use, cost-effective, and environmentally responsible program to manage post-consumer paint (unused or leftover) in Connecticut. The program is funded by a minimal “recovery fee” added to the purchase price of paint at retailers throughout the state. The recovery fee will range from $0.35 to $1.60 depending on paint container size.

DEEP Commissioner Daniel C. Esty said, “Approval of the plan for the recycling of paint is an important milestone for product stewardship in our state. This plan will allow residents to drop off unwanted paint to be recycled or safely disposed at convenient locations across Connecticut. Once the program begins, municipalities will save thousands of dollars in disposal costs and a resource that was once almost exclusively placed in the garbage will now be turned into useful products. We appreciate the hard work of the stakeholders to reach this agreement including PaintCare, paint retailers, local government and environmental groups.”

For the convenience of Connecticut residents, most new PaintCare drop-off sites will be at paint retailers, which are permanent and open year-round. This will reduce the need for homeowners, paint contractors, and others with unwanted paint to rush out to participate in their municipal one-day only household hazardous waste collection events in their area. Waste transfer stations and select municipal household hazardous waste locations across Connecticut will also serve as drop-off sites.

“We are so excited to be establishing our program here in Connecticut,” said PaintCare Executive Director, Marjaneh Zarrehparvar. “The positive support and feedback we’ve received from the State Legislature, the DEEP, the municipal household waste programs, the paint retail and the local chapter of the Painting and Decorating Contractors of America has been overwhelming. We are grateful to everyone involved in making sure that leftover paint is being disposed of in environmentally beneficial way on an on-going basis, and we look forward to working together with retailers and municipalities across Connecticut.”

Massachusetts Solid Waste Master Plan Focuses on Recycling, Materials Reduction, Waste Ban Enforcement to Build Path to a Zero Waste Future

Massachusetts’ Patrick-Murray Administration has issued the final Solid Waste Master Plan (SWMP) for the 10-year period ending in 2020, putting Massachusetts on the path to a zero waste future.

The SWMP announces a goal of reducing waste by 30% by 2020 and 80% by 2050. The plan features a diverse strategy that will increase commercial and residential recycling and materials re-use, tighten waste ban enforcement across the Commonwealth, increase the diversion of organics and food waste, encourage the growth of anaerobic digestion and composting capacity, extend producer responsibility for a variety of products, and provide funding to municipalities to support recycling and re-use efforts.

“As we implement this Solid Waste Master Plan, we can look to a future with full recycling bins, empty trash cans, active re-use markets, new green jobs, and innovations in waste reduction technology,” said Energy and Environmental Affairs Secretary Rick Sullivan. “With these initiatives, we will reach our goal of reducing waste disposal by two million tons per year by 2020.”

While the SWMP promotes a number of important efforts to increase recycling and reduce waste generation, it also recognizes that by 2020, Massachusetts will have a shortfall of capacity to dispose of waste that cannot be recycled or re-used. The SWMP modifies the current incinerator moratorium to encourage the development of innovative and alternative technologies for converting municipal solid waste to energy or fuel on a limited basis.

“Massachusetts can no longer afford the same old methods of managing waste, and it’s unwise to rely on exporting our trash to other states,” said Commissioner Kenneth Kimmell of the Massachusetts Department of Environmental Protection (MassDEP). “Traditional disposal of valuable materials is a waste of resources and a lost economic opportunity. By encouraging the development of innovative technologies, we can address that portion of the waste stream that recycling cannot now handle.”

The moratorium modification will allow the development of alternative technologies like gasification or pyrolysis. Total additional capacity for gasification or pyrolysis of solid waste will be limited statewide to 350,000 tons per year, which is half of the projected in-state capacity shortfall of 700,000 tons expected in 2020, even if all of the master plan’s disposal reduction goals are met. If not addressed, that capacity shortfall would require these wastes to be exported to out-of-state facilities.

Proposed projects that would use an innovative or alternative technology will have to meet stringent recycling, emissions, and energy efficiency standards, and new facilities will be subject to the same site assignment rules as other solid waste facilities. The modification will not change or lift the moratorium on construction of new capacity for traditional combustion of municipal solid waste.

The SWMP includes a bold plan to divert an additional 350,000 tons of food waste and organic materials on an annual basis by 2020 and build 50 megawatts of renewable energy from anaerobic digestion. Starting in 2014, the Commonwealth would phase-in a ban on the land-filling or burning of food wastes from food processors and large institutions like colleges, hotels, and grocery stores.

As part of the plan, MassDEP will also increase its inspections of landfills, incinerators, and transfer stations to ensure compliance with current waste bans. MassDEP will also change its regulations to require all solid waste facilities to hire independent third-parties to perform regular facility inspections, have those inspectors check in-coming trash loads periodically, and require those inspectors to be independent from the entities that own and operate the facilities they inspect.

Under the SWMP, MassDEP will promote municipal performance targets—combined with financial and other incentives totaling $2.5 million annually—to help increase recycling and composting. The master plan also seeks to extend producer responsibility for waste products such as paint, carpet and pesticides, as well as expand the current bottle deposition law to include water, juice, tea, and sports drink containers.

Under the SWMP, MassDEP will also support and expand the current “RecyclingWorks in Massachusetts” program, a statewide effort to help businesses and institutions increase their recycling and composting and reduce their waste stream.

Recycling, re-use, and manufacturing based on recycled feed stocks directly supports more than 2,000 businesses, with an estimated 14,000 jobs in Massachusetts, a payroll of nearly $500 million, and annual revenues of $3.2 billion.

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House Reintroduces FRAC Act

Recently, US Representative Diana DeGette (D-CO) joined with her colleague Representative Chris Gibson (R-NY) to reintroduce the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act). The bipartisan bill would establish safeguards protecting groundwater from risks associated with hydraulic fracturing, close a oil and gas industry loophole in the Safe Drinking Water Act, and require disclosure of chemicals used during the fracking process.

“We commend the bipartisan effort of Reps. DeGette and Gibson for this common-sense fix to a dangerous problem,” said Jessica Ennis, Earthjustice Legislative Representative. “By closing this loophole, the Safe Drinking Water Act will again be able to ensure that drinking water supplies will be protected from toxic fracking chemicals. Congress must follow the lead of Reps. DeGette and Gibson and pass the FRAC Act.”

“We thank Rep. DeGette for her efforts to address the risks posed from fracking,” added Michael Freeman, Staff Attorney at the Rocky Mountain Office of Earthjustice, located in Denver. “As recent events in Colorado have shown, irresponsible oil and gas development does pose a danger to our natural heritage and public health. The FRAC Act represents an important first step toward making oil and gas companies play by the same rules as everyone else.”

FMCSA Seeks Comments on Part II of the National Registry of Medical Examiners

The Federal Motor Carrier Safety Administration (FMCSA) announced a proposed rule to allow state and federal enforcement officials to easily share and view the most current and accurate information about a commercial motor vehicle driver’s medical certification status. The proposal would require certified medical examiners performing physical examinations on drivers of commercial motor vehicles to use a newly developed medical examination report form, and to use a new form for the medical examiner’s certificate (MEC).

Certified medical examiners would be required to electronically report to FMCSA the results of all completed commercial drivers’ physical examinations, including the results of any examination where the driver was found not to be qualified, by close of business on the day of the examination using the new form. FMCSA would make the MEC information for interstate commercial driver’s license (CDL) holders available to the state driver licensing agencies only as part of the integration of the medical certification and the CDL issuance and renewal process. This proposal is a follow-on rule to the National Registry of Certified Medical Examiners rule published on April 20, 2012, and the medical certification requirements as part of the CDL rule published on December 1, 2008. Comments on the proposed rule are due by July 9, 2013. For more information, contact Shashunga Clayton at 202-366-9999.

Batteries That Bend and Flex Will Transform Electronics, Transportation

Imagine a TV screen that hangs on the wall like a poster and rolls up like a window shade—or a smartphone that can fold up and fit into a pocket. It may sound like science fiction, but those technological marvels are moving closer to reality, thanks to advances toward development of flexible batteries that could power a new genre of electronics devices. 

Mitch Jacoby, C&EN senior correspondent, focuses on the latest research involving organic polymers, which exhibit the key properties needed for the next generation of batteries. Those batteries will not just be bendable, but powerful, lightweight, and made from inherently safe materials. And their uses would extend beyond consumer electronics to include electric vehicles and other transportation applications.

The article explains that lithium-ion technology likely will continue to be the mainstay, but today’s flammable, liquid electrolytes need a safety upgrade. To restore lithium batteries’ reputation after the recent Boeing 787 Dreamliner safety incidents and other fire-related concerns, scientists are searching for nonflammable, solid electrolytes. Scientists are confident that the obstacles to making flex batteries a reality can be overcome, the article indicates.

Permitting New Emergency Engines Fact Sheet Now Available

 This fact sheet outlines the permitting options and requirements for new emergency engines.

UNEP Report Identifies Greening Global Trade as Imperative for Sustainable Development

A new report from the United Nations Environment Programme (UNEP) shows how advancing the green global trading economy in six key sectors will create new trade opportunities, making the greening of global trade a vital step toward achieving sustainable development. The report, “Green Economy and Trade—Trends, Challenges and Opportunities,” finds that developing countries with abundant renewable resources are well-positioned to capitalize on the opportunities to increase their share in international markets for sustainable goods and services, which will help catalyze the transition to green trade.

“In today’s increasingly interconnected world, where trillions of dollars worth of goods and services are traded annually, greening global trade still presents challenges but also holds significant opportunities,” said Achim Steiner, UN Under-Secretary General and UNEP Executive Director. “If we are to reverse the global decline in biodiversity, mitigate the release of GHGs, halt the degradation of lands and protect our oceans, then it is an imperative that international trade becomes more sustainable and contributes to protecting that ‘natural capital’ of economies in the developing world.”

In the last two decades, trade has continued to expand, creating economic growth and progress towards eradicating poverty in developing countries. At the same time, however, the increasing volume of trade has put additional stress on natural resources, led to increases in GHG emissions, and contributed to social inequalities.

World trade patterns show that developing countries, and particularly least developed countries, still depend heavily on natural resource based products and raw materials for their exports. To achieve long-term and sustainable economic development, however, there are significant and real opportunities for developing nations to diversify their economies and position themselves to benefit from the growing global demand for more green goods and services.

While still representing only a small percentage of the global market, trade in certified products and in environmental goods and services is on the rise in absolute terms. For example, the global market in low-carbon and energy efficient technologies, which include renewable energy supply products, is projected to nearly triple to $2.2 trillion by 2020.

The report analyzes six economic sectors—agriculture, fisheries, forests, manufacturing, renewable energy and tourism—where trade opportunities exist, and identifies measures, such as policy reforms and certification, that can help developing countries benefit from these markets. Some of the trends highlighted in the report that illustrate this potential include:

• Agriculture: The global market for organic food and beverages is projected to grow to $105 billion by 2015, compared to $62.9 billion in 2011. For instance, the production of tea in line with sustainability standards has increased by 2000% between 2005 and 2009.
• Fisheries and aquaculture: Wild-capture fisheries already certified or in full assessment record annual catches of around 18 million metric tons of seafood. This represents about 17% of the annual global harvest of wild capture fisheries, and demand far outstrips supply. Furthermore, the total value of seafood that has been farmed according to certified sustainability standards is forecast to increase to $1.25 billion by 2015, up from $300 million in 2008.
• Forestry: As of early 2013, the total area of certified forest worldwide stands at close to 400 million hectares, amounting to approximately 10% of global forest resources. Sales of certified wood products are worth over $20 billion per annum.
• Manufacturing: Many suppliers are greening their practices in order to secure their positions within international supply chains. One illustration of this trend, for example, is the 1,500% increase in global ISO 14001 certifications on environmental management between 1999 and 2009.
• Renewable energy: Since 1990, annual global growth in solar photovoltaic, wind, and biofuel supply capacity has averaged 42, 25, and 15% respectively. In 2010, the investments in renewable energy supply reached $211 billion, a five-fold increase from 2004, and more than half of these investments were in developing countries. Developing countries have significantly increased their exports of renewable energy equipment such as solar panels, wind turbines, and solar water heaters, and expanded their potential to export electricity from renewable sources.
• Tourism: In developing countries, this industry’s market share has increased from 30% in 1980 to 47% in 2011, and is expected to reach 57% by 2030. In 2012, for the first time, international tourism arrivals reached one billion per year. The fastest growing sub-sector in sustainable tourism is ecotourism, which focuses on nature-based activities. Many developing countries have a comparative advantage in ecotourism due to their natural environments, cultural heritage, and possibilities for adventure holidays.

“Transitioning to a green economy can facilitate new trade opportunities, which in turn will help to make global trade more sustainable,” said Mr. Steiner. “At the same time, trade in environmental goods and services is clearly an area where many developing countries have a competitive advantage. With the right policies and price regimes in place, developing countries are well-positioned to help drive the global transition to a more sustainable economy.”

The report identifies several areas where public and private actions can support developing countries’ efforts to access greener international markets including:

• Public investments in key economic infrastructure, technical assistance, targeted education and training programs, and access to sustainable resources, such as electricity from renewable energy sources.
• Market-based instruments, such as the elimination of subsidies that encourage unsustainable production, consumption and trade, and pricing policies that take account of the true environmental and social costs of production and consumption.
• Regulatory frameworks that support green industries and incorporate sustainable development considerations in national development plans and export promotion strategies.
• Resource and energy-efficient production methods, so as to ensure long-term competitiveness in international markets.
• Regional and multilateral fora that can help to liberalize trade in environmental goods and services, remove environmentally harmful subsidies, and provide opportunities for collective action to address global environmental and social challenges.
• Realizing sustainable trade opportunities can imply that suppliers have to comply with an increasing number of environmental and social requirements. In the lead-up to the UN Conference on Sustainable Development (Rio+20), several countries expressed concerns about such difficulties to access export markets due to complex regulatory regimes. Furthermore, achieving compliance can be expensive, especially for small and medium-sized enterprises.

For these reasons, public and private support is necessary to help businesses green their production and supply chains. In addition, regulatory cooperation, technical and financial assistance, and capacity building are critical if developing countries are to harness new green trade opportunities.

UNEP, under the Green Economy and Trade Opportunities Project (GE-TOP), seeks to identify policies and measures to help developing countries overcome challenges and respond to export demand for sustainable goods and services.

Following this report, which is the first key output under GE-TOP, the UNEP is moving to the second phase of GE-TOP. In response to the calls made at Rio+20 for more action by the international community, UNEP will provide sector-specific assistance to developing countries through inclusive stakeholder processes to seize opportunities arising from the transition to a green economy.

Sears Fined $285,000 For Offering Uncertified Gas-Powered Stand-Up Scooters For Sale In California

The California Air Resources Board announced that Sears Holdings Management Corporation has agreed to a settlement of $285,200 to resolve air quality violations by offering for sale uncertified small off-road engines.

In November 2011, ARB discovered that the Sears “Black Friday” advertisements in California offered Motovox brand ‘stand-up’ scooters for sale. These scooters were, at the time, powered by uncertified engines that were not legal for sale, delivery, or distribution to California under the state’s air quality laws. Sears disclosed to ARB that 713 units were delivered for sale in California and the company’s management took immediate action to remove all units before any units had been sold.

In announcing this settlement, ARB compliance Chief James Ryden said that ARB “recognized the prompt actions taken by Sears management to prevent the sale of these high polluting vehicles in California,” but went on to add that “ this situation serves as an important reminder that compliance with our state’s pollution standards begins long before the products reach the sales floor. Had the ‘door-buster’ advertisement not come to the attention of our investigators, it is likely that these scooters would have all been sold on the busiest shopping day of the year, leaving little chance to remove these vehicles—and their excess emissions—from California.” Sears officials have fully cooperated with ARB in the resolution of this matter.

Funds collected under the settlement will be paid to the California Air Pollution Control Fund, established to help reduce air pollution through education and the advancement and use of cleaner technologies.

Products utilizing engines that do not meet California’s emission requirements pose a real danger to California residents. They produce high amounts of smog-forming pollutants, which can exacerbate respiratory ailments and cause other health conditions such as shortness of breath, headaches, birth defects, cancer, and damage to internal organs.

Massachusetts Company Faces $25,000 Penalty for Failing to Report Spill

The Massachusetts Department of Environmental Protection (MassDEP) penalized HHLP Bulfinch Associates, LLC, the owners of 107 Merrimac Street in Boston, $25,000 for failing to report a 275-gallon release of diesel fuel on September 21, 2012.

“A spill of this magnitude requires an immediate response from a responsible party, and also requires a legal responsibility to immediately notify environmental officials,” said Eric Worrall, director of MassDEP’s Northeast Regional Office in Wilmington. “The failure to report this spill in a timely manner could have imperiled public safety and complicated the cleanup process.”

On September 27, 2012, MassDEP received a telephone report from an environmental cleanup contractor on behalf of the building owner that a release estimated to be 260 gallons of diesel fuel had occurred six days earlier during the transfer of oil from a basement tank to a rooftop generator when a pump had failed to cycle off. The oil had reportedly been released to the roof top, and had subsequently flowed into the rooftop drainage system, which discharged ultimately to the municipal storm sewer system. The caller stated that his company had been asked to provide a cost estimate to clean up the release, and upon seeing the evidence of spilled oil, had reported the release to MassDEP.

MassDEP, at that time, along with the City of Boston officials, had already been actively investigating a reported release of oil from an unknown source to the municipal storm sewer system in the vicinity of this location. The joint investigation had begun on September 25, 2012, following the reports of fuel odors in a federal office building nearby.

MassDEP would subsequently learn that the property’s lead engineer had observed on September 21, 2012, an oil release, and called a pump repair contractor on that same day to make necessary repairs. MassDEP obtained a copy of a report from cleanup contractor, dated September 21, 2012, that the entire 275 gallons of fuel within the basement tank had been discharged to the roof of the building.

That inspection report was signed by both the pump repair company’s technician and owner’s lead engineer. Ultimately, the oil in the storm drain was determined to have resulted from the fuel release at 107 Merrimac.

HHLP Bulfinch Associates, LLC, has agreed to pay $20,000 of the penalty and MassDEP has agreed to suspend the remaining $5,000 provided there are no additional violations over the next year. In addition, the company must develop and implement an oil and hazardous material reporting plan to train its employees.

Same-Day Water Pollution Test Could Keep Beaches Open More Often

With warm summer days at the beach on the minds of millions of winter-weary people, scientists are reporting that use of a new water quality test this year could prevent unnecessary beach closures while better protecting the health of swimmers. 

Meredith B. Nevers and colleagues point out that decisions on whether water is safe for recreational use have been based on tests that actually show the condition of water in the past. Those tests involve sampling water for the E. coli bacteria used as red flags for fecal contamination, putting the samples in culture dishes and waiting to see if any bacteria grow. As a result, managers might close a beach based on fecal contamination that existed in the past, but posed no current threat. Likewise, they might keep a contaminated beach open because the water was clean in the past. They describe analysis and validation of a new rapid water-quality test that could prevent beaches from being closed by providing accurate, same-day results of bacteria levels. Developed by the EPA, the test’s same-day results could help managers across the country determine whether beaches are safe for swimming.

Mex-Cal Trucklines Fined $300K for Non-compliant Trucks

The California Air Resources Board has fined Mex-Cal Truckline, Inc., of Otay Mesa $300,000 for violating state air pollution laws by dispatching non-compliant vehicles that serve regulated intermodal rail yards in 2011 and 2012.

In the not too distant past, the short-haul trucks that picked up cargo from our busy ports and rail yards were among the oldest and dirtiest on the roads,” said ARB’s Enforcement Chief Jim Ryden. “But thanks to the Drayage Truck Regulation adopted by the ARB in 2007, these vehicles must be upgraded according to a strict timetable. This company learned an expensive lesson and we are hopeful that they will never have to pay us another fine.”

Under the terms of the settlement, Mex-Cal will pay its fine to the California Air Pollution Control Fund to support air quality research. Mex-Cal Truckline provides regional trucking services and intermodal trucking service from Mexico to California. The company has been cited previously for violations of the state’s Periodic Smoke Inspection Program, which requires annual emissions testing. ARB referred that case to the Attorney General’s office and a court judgment and injunction against Mex-Cal was issued in 2008. Mex-Cal has cooperated fully with ARB during this latest investigation. Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

 In addition, they must meet 2007 engine-emissions standards as of January 1, 2014. All 2007–2009 models are compliant through 2022; 2010 and newer model-year trucks are fully compliant. Requirements for the lighter Class 7 trucks vary slightly.

Decades-old Nitrate Found to Affect Stream Water Quality

USGS hydrologic researchers have found that the movement of nitrate through groundwater to streams can take decades to occur. 

Water quality experts have been noting in recent years that nitrate trends in streams and rivers do not match their expectations based on reduced regional use of nitrogen-based fertilizer. 

“This study provides direct evidence that nitrate can take decades to travel from recharge at the land surface to discharge in streams,” said Jerad Bales, acting USGS Associate Director for Water. “This is an important finding because long travel times will delay direct observation of the full effect of nutrient management strategies on stream quality.”

Rivers and streams are fed by both groundwater held in underground aquifers and surface water from precipitation runoff. In low streamflow conditions, groundwater sources take a larger role.

In this study, USGS scientists closely examined surface and ground waters at seven study sites from across the nation to determine the portion of stream nitrate derived from groundwater. They found that most of the nitrate observed in streams located in groundwater-dominated watersheds was derived from groundwater sources. To determine the time it takes groundwater to reach a stream in a groundwater-dominated watershed, an age dating tracer study was conducted in the Tomorrow River in central Wisconsin. The findings indicated that decades-old nitrate-laden water was currently discharging to this stream. Consequently, base flow nitrate concentrations in this stream may be sustained for decades to come, regardless of current and future practices.

The slow release of groundwater nitrate to streams may also affect the water quality of large rivers.  These findings also suggest that increasing nitrate concentrations in groundwater are having a substantial effect on nitrate concentrations in rivers and nitrate transport to the Gulf of Mexico. Because nitrate moves slowly through groundwater to rivers, the full effect of management strategies designed to reduce nitrate movement to these rivers may not be seen for many years.

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