New Rules to Reduce Potent Greenhouse Gas Emissions

October 19, 2015

Administrator McCarthy announced several new actions the agency will take to help support a smooth transition to climate-friendly alternatives to HFCs.

“EPA is working closely with indumstry leaders to reduce greenhouse gas emissions, transition to climate-friendly refrigerants, and deploy advanced refrigeration technologies,” said EPA Administrator Gina McCarthy. “The powerful combination of EPA’s regulatory actions and innovations emerging from the private sector have put our country on track to significantly cut HFC use and deliver on the goals of the President’s Climate Action Plan.”

The proposal would strengthen the existing requirements for handling refrigerants and apply those rules to ozone-depleting and HFC refrigerants. EPA estimates that this rule would further reduce enough HFC emissions in 2025 to equal 7 million metric tons of carbon dioxide. EPA will accept comments on the proposal for 60 days following publication in the Federal Register. After reviewing public comments, EPA plans to finalize this rule in 2016.

At the roundtable gathering, the Department of Defense announced a suite of new commitments, including installing low-GWP transcritical CO₂ refrigeration systems at three US commissaries in 2016 and strengthening existing collaborations and creating mechanisms to build new military-to-military and industry partnerships to share information and lessons-learned on emissions reductions and lower-GWP alternatives. Greenchill Partner Target announced that all of the new stand-alone coolers in its stores with a compressor capacity below 2,200 btu/hr will be HFC-free starting in January 2016. Also, Roundy’s Supermarket announced it joined EPA’s GreenChill Partnership and committed to using HFC-free transcritical CO₂ refrigeration technology in its six new stores that are opening next year in Illinois and Wisconsin.

If supermarkets nationwide reduced the amount of refrigerant they leak to the current GreenChill partner average, they could avoid $169 million in refrigerant replacement costs while preventing the annual emission of about 29 million metric tons of carbon dioxide equivalent (MMTCO₂eq). In 2014 alone, GreenChill partners, including the GreenChill awardees, prevented more than 8 metric tons of GHG emissions.

EPA honored the following organizations with a GreenChill award:

Best Corporate Emissions Rate: Stater Bros. Markets (San Bernardino, California) earned the Partnership’s most prestigious award for achieving the lowest refrigerant emissions rate among retail chains. Port Townsend Food Co-op (Port Townsend, Washington) received this award in the small-independent GreenChill partner category.
Most Improved Emissions Rate: Brookshire Grocery Company (Tyler, Texas) was honored for achieving the Partnership’s largest refrigerant leak rate reduction compared to the year it joined the GreenChill Partnership. Harris Teeter (Matthews, North Carolina) earned this same recognition for lowering its emissions rate more than any other partner compared to the previous year.
Goal Achievement: GreenChill’s four Superior Goal Achievement winners voluntarily set and achieved challenging refrigerant emissions reduction goals. Winners include Hannaford (Scarborough, Maine), Harris Teeter (Matthews, North Carolina), Hy-Vee (Des Moines, Iowa), and King Kullen (Bethpage, New York). Both Hy-Vee and King Kullen also earned Exceptional Goal Achievement awards for meeting a secondary, more ambitious refrigerant emissions reduction goal.
Distinguished Partner: Food Lion (Salisbury, North Carolina) was honored for demonstrating extraordinary leadership and initiative in support of GreenChill’s mission.

GreenChill’s Store Certification Program recognized certain stores for meeting strict performance criteria that demonstrate their refrigeration systems have minimal impacts on the ozone layer and climate. GreenChill presented the following store certification awards:

Best of the Best Award: The Sprouts Farmers Market store in Dunwoody, Georgia, was honored for being the first store in a warm region to install a refrigeration system that uses only carbon dioxide as the refrigerant. Carbon dioxide’s contribution to climate change is several thousand times smaller than many conventional refrigerants.
Store Certification Excellence Award: Hillphoenix (Conyers, Georgia) and Sprouts Farmers Market (Phoenix, Arizona) earned awards for achieving more GreenChill Store Certifications than their peers over the past year.
Store Re-Certification Award: Six stores were recognized for achieving GreenChill certification for five consecutive years: Sprouts Farmers Market in Thousand Oaks, California; Stater Bros. Markets in Carlsbad, Cathedral City, and Moreno Valley, California; Wegmans in Lanham, Maryland; and Whole Foods Market in Santa Rosa, California.

Hazardous Waste Generator Improvement Rule

In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.

Attend Environmental Resource Center’s live, online session where you will learn:

New requirements for documenting hazardous waste determinations
Revised requirements for when and how to submit the Notification of Generator Status form to EPA
How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
New conditions under which containers can be left open at satellite accumulation areas
Updated time and volume limits for satellite accumulation areas
New documentation requirements for contingency plans and biennial reports
New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization

EPA’s Proposed New Standards for Hazardous Waste Pharmaceuticals

EPA has proposed new flexible rules at 40 CFR 266 Subpart P for the management of hazardous waste pharmaceuticals by healthcare facilities, long-term care facilities, pharmacies, retail stores, and reverse distributors. The rule is projected to prevent the flushing of more than 6,400 tons of hazardous waste pharmaceuticals annually by banning healthcare facilities from flushing hazardous waste pharmaceuticals down the sink and toilet.

At this session, you will learn:
The difference between creditable, non-creditable, and evaluated pharmaceuticals – and who must make this determination
How the new rule will impact your hazardous waste generator status
New “empty” definition for unit dose containers, syringes, and other containers
Conditional exemption for DEA controlled substances
Requirements for on-site storage
Waste container management and labeling
Accumulation time limits
Sewer disposal prohibition
Authorized disposal and other management options
Impact of the new rule on household collection programs
Manifest and alternative transport tracking documents
Recordkeeping requirements
Requirements for reverse distributors

Mobile RCRA and DOT Training

San Diego RCRA and DOT Training

Atlanta IATA/IMO and SARA Training

Decision Tree Tool Helps You Decide if Solar or Wind are Feasible at Your Site

EPA encourages renewable energy on already developed or degraded land instead of green space. The tool addresses the following types of sites: Potentially Contaminated Sites (Superfund, Brownfield, RCRA, mine site), Landfill (Municipal Solid Waste, Construction and Demolition or similar unit), Underutilized (Abandoned parcels, parking lots), and Rooftop (Solar PV only; Commercial/Industrial roofs).

Waste Hauler Fined $14,000 for Stormwater Violations

Waste Management National Services faces a $14,000 penalty from the Washington Department of Ecology for allowing contaminated soil to spill to the ground from large shipping sacks at a facility along the Duwamish Waterway.

The penalty also cites the company for attempting to handle the shipment without proper planning or preparation. The particles can harm habitat and injure the delicate breathing tissues in fish gills.

The soil—which came by barge from military cleanup sites in Alaska—contained petroleum contamination and was en route to a Waste Management solid waste disposal facility. Soil in some of the sacks also contained PCBs, a chemical that is a main focus of the Lower Duwamish Waterway sediment cleanup, jointly managed by Ecology and the EPA.

“In addition, a major element of the Lower Duwamish cleanup—for us and our state, local and federal partners—is controlling sources of pollutants that can enter stormwater that drains to the river and could re-contaminate sediments.”

Ecology inspectors reported seeing rips in many of the sacks, with their contents spilled onto the pavement at a barge terminal leased by the company at 7400 Eighth Avenue South in Seattle. Many of the sacks had been placed outside a stormwater containment area on the site.

Ecology first observed problems at the site in November 2014, and soon after issued a warning letter. Inspectors reminded the company during later site visits that it would need an updated, adequate plan before attempting to handle future soil sack shipments.

Inspectors reported seeing that Waste Management was not prepared to properly store, handle, or respond to spills from the sacks. The facility lacked measures or procedures to contain the spilled soil and prevent it from combining with stormwater that runs off from the facility.

Another shipment of over 1,200 three-cubic-yard soil sacks arrived in August 2015. Ecology inspectors saw torn sacks and spilled soil on the property outside the stormwater containment. Two rain storms occurred that month while torn sacks and spilled soil were present.

Inspectors also saw that the facility lacked the proper equipment to remove the spilled soil. And, the company had yet to produce an adequate plan to prevent or manage stormwater runoff from the shipment. The company has since submitted an updated plan to Ecology.

Ecology issued an immediate action order on September 3, 2015, that included directives to:

Halt further soil sack shipments until the company produces an adequate stormwater pollution prevention plan
Clean out storm drains and catch basins in the area where soil sacks were stockpiled outside the stormwater containment area, and test material removed from the catch basins
Conduct additional monitoring of the facility’s stormwater discharges
Submit a full engineering plan for containing or treating stormwater before resuming soil sack shipments
Apply for an individual water discharge permit, which can better manage the site’s complex issues than the present coverage under Ecology’s general permit for industrial stormwater

“Waste Management takes these allegations very seriously,” said Robin Freedman, company spokesperson. “We are working with the Department of Ecology to ensure that our facility, not only complies with, but also exceeds all the environmental requirements. We are committed to making this facility an important asset for the cleanup of the Lower Duwamish Waterway.”

Ecology penalties may be appealed within 30 days of receipt.

Fort Lincoln Retail to Pay $99,000 for Clean Water Act Violations

Under an administrative consent agreement, the company will pay a $99,000 penalty to resolve violations involving stormwater runoff that flowed into the District of Columbia’s storm sewer system and ultimately into the Anacostia River from the construction site of the Shops at Dakota Crossing at 3301 Fort Lincoln Drive, in Northeast Washington, DC.

EPA cited the company for failing to maintain erosion and sedimentation controls, protect storm drain inlets, and conduct and document required inspections.

These permits include pollution-reducing “best management practices,” such as material storage and coverage requirements, runoff reduction measures, and employee training.

As part of the settlement, the company did not admit liability for the alleged violations, but has stated that it is now in compliance with applicable Clean Water Act requirements.

Rhode Island State Government Agrees to Resolve Longstanding Clean Water Act Violations

The resolution is being carried out through the filing of a civil complaint in federal court in Providence, Rhode Island, and the lodging of a consent decree that requires RIDOT to immediately begin comprehensive efforts to repair, restore and improve its systems to comply with the law.

As part of its system of roads, bridges and other infrastructure, RIDOT’s roadways are accompanied by storm drains, pipes, catch basins, manholes, outfalls and other drainage system components that carry stormwater runoff to approximately 235 impaired water body segments in Rhode Island: this includes waters that ultimately discharge into Narragansett and Mount Hope Bays. The RIDOT drainage system includes approximately 25,000 catch basins and 3,800 outfalls that extend over 3,300 lane miles of roadway.

The consent decree filed with the court represents the result of more than 14 months of detailed and comprehensive discussions initiated by the Environment and Natural Resources Division and the US Attorney’s Office with the state of Rhode Island, culminating in a comprehensive agreement that requires RIDOT to address each of its areas of violation.

“This agreement is good news for communities and the environment of Rhode Island,” said Assistant Attorney General Cruden. “This judicially enforceable settlement will require RIDOT to implement best management practices, including structural controls, to reduce stormwater pollution from its roads to impaired waters of Rhode Island. RIDOT will also be required to implement long-overdue repairs to its storm water drainage systems, which will also lead to improved water quality in area waterways, including the historic Narragansett Bay.”

“For nearly a decade, the Rhode Island Department of Transportation has ignored its obligation to the people of Rhode Island to protect the waterways of this state,” said US Attorney Neronha. “Instead, through its neglect and indifference—through its failure to inspect and maintain its storm water run-off system—RIDOT has contributed to the pollution of those waters. Today, with the filing of a complaint against RIDOT in federal court in Providence and the entry of a consent decree between the United States and RIDOT, this will change. Under the terms of the consent decree, RIDOT’s obligations are clear—it must change the way it does business. It must do what it has repeatedly failed to do for years. It must comply with the law—specifically, the Clean Water Act. It must operate a storm water run-off system that protects, rather than harms, the environment. This Office, and our partners at EPA and ENRD, will hold RIDOT accountable should it fail to live up to its obligations.”

“EPA is pleased that we have now entered into a comprehensive legal agreement to ensure that RIDOT takes the necessary steps to comply with requirements that ensure a cleaner and healthier environment,” said Regional Administrator Curt Spalding for EPA’s New England office. “This settlement is designed to produce environmental improvements on a timeline that is aggressive, but not unrealistic for RIDOT. This is good news for everyone who enjoys the natural beauty and recreational abundance of Rhode Island.”

Under the decree, if approved by the court, RIDOT will pay a civil penalty of $315,000 and will undertake two Supplemental Environmental Projects (SEPs). These SEPs will result in the preservation, through conservation easements and permanent protection from development, of two parcels of land in Johnston and Lincoln, Rhode Island. These lands abut current state park or environmental preserves and lie within the watersheds of impaired waterways subject to the consent decree. Their designation as SEPs will ensure that they remain in their natural state for future generations of Rhode Islanders to enjoy.

To correct the identified deficiencies and meet its obligations under the Clean Water Act, RIDOT is required to develop stormwater control plans for groups of impaired water bodies (generally speaking, water bodies with high levels of pollution) that are near each other. These plans will identify the extent to which RIDOT’s roads and structures contribute to runoff to those water bodies, assess best practices to reduce pollution and then implement measures (in some cases including structural controls such as infiltration trenches, basins, ponds, grass swales, and others) to meet pollution reduction targets, taking into account various specified formulas that assess the impact of RIDOT’s roads and paved areas on the amount of discharge to waterways. Once created, the plans will be subject to EPA review and approval and must then be implemented by RIDOT.

Additionally, RIDOT will undertake a comprehensive program of sampling at locations where its systems drain into the environment to look for situations where third parties may have illicit connections to RIDOT storm sewers, potentially draining sewage or other non-stormwater pollutants through the system. When these tests identify designated pollutants, including high levels of bacteria accompanied by certain chemicals or biological indicators, RIDOT must investigate, determine the source of the connection, and take appropriate steps to eliminate it.

In addition, many elements of RIDOT’s physical systems, including catch basins, culverts and other components of its stormwater drainage network, are in poor repair and have not been adequately maintained. In some cases, this prevents the system from working as it should to control pollutant discharge. Under the decree, RIDOT will submit an inventory of its physical systems by March of next year. It will then have to implement a comprehensive inspection, cleaning and repair program, followed by continuing periodic inspection and maintenance.

Finally, RIDOT must undertake an inventory of its roads and parking lots and will then implement a street sweeping and tracking system to ensure that its network is fully and regularly swept.

RIDOT is required to file annual reports with EPA regarding its progress with all of the requirements of the decree and the decree provides for stipulated penalties for future instances of noncompliance.

The investigation and resolution of this matter are the result of a coordinated enforcement effort among the US Attorney’s Office for the District of Rhode Island, the Department of Justice’s Environment and Natural Resources Division and EPA.

The case is being handled by Assistant US Attorneys Zachary A. Cunha and Richard B. Myrus, Senior Counsel Elizabeth Yu of the Environment and Natural Resources Division of the Department of Justice and Enforcement Counsel Kevin Pechulis, of the EPA.

Waste Hauler Fined for Stormwater Violations

“The location right along the water adds challenges to controlling stormwater pollution at this facility,” said Kevin Fitzpatrick, regional manager for Ecology’s Water Quality Program. “In addition, a major element of the Lower Duwamish cleanup—for us and our state, local and federal partners – is controlling sources of pollutants that can enter stormwater that drains to the river and could re-contaminate sediments.”

Inspectors reminded the company during later site visits that it would need an updated, adequate plan before attempting to handle future soil sack shipments. Inspectors reported seeing that Waste Management was not prepared to properly store, handle, or respond to spills from the sacks. The facility lacked measures or procedures to contain the spilled soil and prevent it from combining with stormwater that runs off from the facility.

Two rain storms occurred that month while torn sacks and spilled soil were present. And, the company had yet to produce an adequate plan to prevent or manage stormwater runoff from the shipment. The company has since submitted an updated plan to Ecology.

Halt further soil sack shipments until the company produces an adequate stormwater pollution prevention plan
Clean out storm drains and catch basins in the area where soil sacks were stockpiled outside the stormwater containment area, and test material removed from the catch basins
Conduct additional monitoring of the facility’s stormwater discharges
Submit a full engineering plan for containing or treating stormwater before resuming soil sack shipments
Apply for an individual water discharge permit, which can better manage the site’s complex issues than the present coverage under Ecology’s general permit for industrial stormwater

Ecology penalties may be appealed within 30 days of receipt.

160 Colorado Companies to be Recognized as Environmental Leaders

The Colorado Department of Public Health and Environment will recognize 160 companies October 16 for outstanding environmental achievements that help keep Colorado a desirable place to work and live. The department, in partnership with the Pollution Prevention Advisory Board and the Colorado Environmental Partnership, will present the 16th annual Environmental Leadership Awards at the Wings Over the Rockies Air & Space Museum October 16. More than 300 government, business and community leaders are expected to attend.

The awards recognize Colorado organizations with gold, silver, and bronze designations for voluntarily going beyond compliance with state and federal regulations and for their commitment to continual environmental improvement.

“We are proud to recognize all of Colorado’s environmental leaders and work with them to reduce barriers to innovation while protecting public health and the environment,” said department Executive Director and Chief Medical Officer Dr. Larry Wolk.

This year’s program will recognize 12 new Gold Leaders, which join 85 other companies and organizations already designated as Gold Leaders. The new Gold Leaders include Arrow Value Recovery, Project Angel Heart and Pitkin County Landfill. There currently are 34 companies designated as Silver Partners and 29 companies designated as Bronze Achievers.

The 2015 24-Karat Gold Award winner will be named at the Oct. 16 event. 24-Karat Gold Award winners are individuals or teams, nominated by other Gold Leaders, that have gone above and beyond required job duties to create and implement a program or initiative that made a measurable contribution to the environment, the economy and society. The Colorado Environmental Leadership Program is open to all Colorado businesses, industries, offices, educational institutions, municipalities, government agencies, communities, nonprofits and other organizations.

EPA’s SmartWay Honors Green Leaders in the Freight Industry

“SmartWay partners know that improving freight supply chain efficiency is not only good for business, but also good for our shared environment,” said Janet McCabe, Acting Assistant Administrator for EPA’s Office of Air and Radiation. “These award-winning partners are leaders among their peers, saving fuel, reducing pollution that contributes to climate change and poor air quality, and saving their customers money—a triple play.”

The 2015 SmartWay Excellence Awardees for retailers, manufacturers and logistics companies are:

Armada
Appleton Coated LLC
Bacardi USA, Inc.
Canon USA, Inc.
Gorton’s
Hewlett-Packard
Kimberly-Clark Corporation
Lowe’s Companies, Inc.
Menlo Logistics
The Home Depot U.S.A., Inc.
Whirlpool Corporation

Award winners demonstrate environmental leadership through effective collaboration; advanced technology and operational practices; robust SmartWay data validation and reporting; communication and public outreach; and implementation of sustainability practices in local communities.

EPA’s SmartWay Transport Partnership is a market-driven initiative that empowers businesses to move goods in the cleanest, most energy-efficient way possible to protect public health and reduce the emissions that contribute to climate change. Demonstration of a commitment to corporate sustainability and social responsibility through SmartWay provides for a more competitive and environmentally-friendly business environment. Since 2004, SmartWay Partners have avoided emissions of over 60 million metric tons of the carbon pollution that contributes to climate change, while saving more than 140 million barrels of oil and over $20 billion in fuel costs. SmartWay also contributes to cleaner air and healthier citizens by significantly reducing emissions of the pollution that contributes to smog.

The awards were presented at EPA’s Third Vehicle Technology Showcase, in Ann Arbor, Michigan. The event was held at EPA’s National Vehicle & Fuel Emissions Laboratory and highlighted innovative technologies to reduce GHG emissions and improve fuel efficiency and from heavy duty trucks.

Awards for carrier partners (trucking companies, multi-modal transport companies, and barge transport companies) will be announced next week at the 2015 American Trucking Association Management Conference and Exhibition in Philadelphia.

EPA Recognizes Texas A&M Agrilife

The EPA recently recognized Texas A&M Agrilife Research Extension Center at Dallas during the 2015 WaterSmart Innovations Conference and Exposition in Las Vegas, Nevada.

“We applaud innovative organizations who are taking a huge step to provide simple ways to save water as well as money,” said EPA’s Regional Administrator Ron Curry. “The efforts of all WaterSense partners have helped countless communities, organizations and individuals learn more about why it’s important to save water and how to take easy steps to be part of the solution.”

EPA also awarded 16 other partners for their work in helping Americans save 1.1 trillion gallons of water, and $21.7 billion in water and energy bills since 2006. In 2014 alone, WaterSense labeled products saved 346 billion gallons of water. By working together, WaterSense partners across the country continue to make a difference every day.

Winners of MS4 Awards

Developed through a cooperative agreement with the EPA, the program recognizes high-performing regulated Municipal Separate Storm Sewer System (MS4) communities and inspires them to exceed requirements through innovative and cost-effective approaches.

“The success of this first year shows great promise for the program as a means to continually support, encourage, and recognize this important and growing segment of the water sector.”

The winners were recognized September 28 in Chicago during the WEFTEC 2015 Stormwater Congress. All participants received a certificate in gold, silver, or bronze levels with three winners from each category selected for program management, innovation, and overall winner with the highest score.

Overall Highest Scores

Phase I – Charlotte Stormwater Services, Charlotte, North Carolina
Phase II – City of Fairbanks, Alaska

Innovation

Phase I – City of Santa Monica, Calif. and City of Tacoma, Washington
Phase II – City of Alexandria, Virginia

Program Management

Phase I – Montgomery County Department of Environmental Protection, Maryland
Phase II – Lafayette Consolidated Government, Lafayette, Louisiana

Announced in July, the program recognizes Phase II communities, including small MS4s in urbanized areas as well as those outside urbanized areas that are designated by a local permitting authority. The program also recognizes Phase I communities, including medium and large cities or certain counties with populations of 100,000 or more that obtain National Pollutant Discharge Elimination System permit coverage for their stormwater discharges.

Applications were reviewed and winners selected by a diverse steering committee that included members and volunteers from WEF’s stormwater and watershed national committees, as well as representatives from each of the following organizations: the Association of Clean Water Administrators, American Rivers, the American Society of Civil Engineers, the American Society of Landscape Architects, the National Association of Clean Water Agencies, the National Association of Flood and Stormwater Management Agencies, and the Water Environment Research Foundation

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Trivia Question of the Week

It is more energy efficient to refurbish a computer than it is to recycle it.

a) True

b) False

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