NPDES Electronic Reporting Rule

December 08, 2014

Last year, EPA proposed the NPDES Electronic Reporting Rule that would require electronic reporting instead of current paper-based NPDES reports. This proposed rule would require that certain reports currently submitted on paper (i.e., Discharge Monitoring Reports (DMRs), Notices of Intent to discharge in compliance with a general permit, other general permit waivers, certifications, and notices of termination of coverage, and some program reports) be submitted electronically by NPDES-regulated entities to EPA through EPA's Central Data Exchange (CDX) or to the authorized state, tribe, or territory NPDES program, or to EPA through EPA's Central Data Exchange (CDX).

While the proposed rule changes the method by which information on NPDES notices of intent for coverage under general permits, facility discharges, monitoring of compliance, facility reports, and enforcement responses is provided (i.e., electronic rather than paper-based), it does not increase the amount of information required from NPDES-regulated entities under existing regulations. Similarly, though it changes the method through which citizens may access this information, this rule only affects information already required by law to be available to the public.

According to EPA, the proposal would enhance transparency and accountability by providing regulatory agencies and the public with more timely, complete, accurate, and nationally consistent data about the NPDES program and potential sources of water pollution. The benefits of this proposed rulemaking should allow NPDES-authorized programs in states, tribes, and territories to shift precious resources from data management activities to solving issues that threaten human health, water quality, and noncompliance issues. As a result of comments received on the proposed rule, we are soliciting further comments by opening a new public comment period.

 

EPA is also soliciting comment on Cross-Media Electronic Reporting Rule (CROMERR) implementation, electronic reporting for the Concentrated Animal Feeding Operations (CAFOs) and stormwater sectors, and the economic analysis.

Learn DOT’s New Rules for Lithium Battery Shipments

 These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.

 

  • Enhance packaging and hazard communication requirements for lithium batteries transported by air
  • Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
  • Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
  • Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
  • Revise the exceptions for small cells and batteries in air transportation
  • Revise the requirements for the transport of lithium batteries for disposal or recycling
  • Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
  • Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

 

Raleigh 24-Hour HAZWOPER Training

 

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Raleigh RCRA, DOT, IATA/IMO, and SARA Training

 

EPA Tests SmartLabel Pilot Program for Pesticides

In an effort to make pesticide label information easier to find and the approval of pesticide labels more efficient, EPA is working with pesticide registrants to pilot an electronic label system.  One of the goals of the SmartLabel system is to make label information more quickly available to the public in an easily searchable format. As a fully electronic system, SmartLabel will make the label approval process more efficient by creating standardized label sections for all pesticide labels. The system will also make it easier to compare previous label versions without losing the necessary flexibility to make a label appropriate for each product.

EPA Can Achieve Deeper Power Plant Carbon Pollution Cuts by Adopting More Clean Energy

The EPA can ramp up energy efficiency and renewable power, and achieve substantially deeper cuts in carbon pollution from power plants than it has proposed, the Natural Resources Defense Council said in public comments submitted to the agency recently.

Such improvements would deliver major savings for consumers on utility bills, trigger a boom in clean energy jobs, and reduce power plant carbon pollution by more than 40% by 2030, according to NRDC’s analysis. That would far surpass the 30% by 2030 goal President Obama outlined when the EPA first proposed its Clean Power Plan last June.

 

“The president’s plan is a vital step toward protecting future generations from the dangers of climate change, and the administration can make this good plan even better,” said David Doniger, director of NRDC’s Climate and Clean Air Program and a contributing author of NRDC’s comments. “Let’s recognize the full potential for cutting dangerous carbon pollution by investing more in energy efficiency and renewable power. We’ll get more with less, save people money on their electric bills, and put people back to work building and installing clean energy systems for tomorrow.”

NRDC strongly supports the proposed Clean Power Plan’s system of enabling each state to develop its own plan for meeting its carbon reduction target. At the same time, NRDC’s comments outline ways for EPA to make the plan stronger, more flexible and more effective in curbing power plant carbon pollution, in its final Clean Power Plan standards, which are due by June 2015.

For example, NRDC finds prices for energy efficiency investments and renewable power costs are substantially lower than EPA assumed in its analysis, and their performance is continually improving.

Improvements in products like LED light bulbs, energy thermal windows, and other building materials that cut down on energy losses have made it easier for the nation can be smarter about its energy use. That’s important, because improving efficiency is the fastest and cheapest way to cut our carbon footprint.

Specifically, the cost of installing solar panels on homes has fallen 46% since 2010, and similar price drops are being seen in wind. Those two sources accounted for 44% of all the new electricity generating capacity installed in 2012 and 2013, federal data shows.

As a result of these improvements and trends, the EPA’s figures underestimated the potential for renewable generation in 2020 by at least 60% because the agency’s analysis didn’t fully capture the recent price reductions for getting power from the wind and sun. Similarly, the EPA’s projections underestimate what’s possible through energy efficiency.

EPA determined that energy efficiency could supplant 1.5%of retail electric sales. This figure, NRDC says, is too low because EPA didn’t include potential energy efficiency gains through such measures as building codes, transmission and distribution and voltage optimization. Factoring in those opportunities, NRDC calculates that energy efficiency can achieve savings equal to 2% of retail sales each year.

By updating renewable power and efficiency potential, NRDC shows that the nation can cut more carbon more cheaply and create even more jobs than the agency’s analysis has projected.

“Clearly, with more efficiency and more renewable power, there’s room for the EPA to readily cut power plant carbon pollution by more than 40% in 2030, compared to 2005 levels,” said Doniger. “We should commit to at least that much of a cut in this dangerous carbon pollution, and demonstrate with actions, not words, that we’re serious about protecting future generations from the dangers of climate change.”

Washington Industries to Begin Using Updated Permit to Clean Polluted Stormwater

 If not properly managed, stormwater can carry toxic contaminants into downstream waters, and harm fish, wildlife, and the habitat they rely on.

The Washington Department of Ecology has updated the stormwater permit that protects lakes, rivers, and Puget Sound from polluted runoff at industrial sites. The permit covers approximately 1,100 industrial facilities across the state, 70% of which are in the Puget Sound region. The updated permit goes into effect on January 2, 2015.

Typical industries that need and use this permit include log yards, auto recyclers, marine terminals, and manufacturing facilities.

 

With the updates to the permit, certain facilities near cleanup sites around Puget Sound have additional pollution-prevention requirements. Examples include some sites in the Lower Duwamish Waterway in Seattle and some in the Thea Foss Waterway in Commencement Bay in Tacoma.

In addition, the permit incorporates new federal regulations for airport de-icing at facilities with 1,000 or more annual jet departures. It streamlines engineering reports when stormwater treatment systems are needed. And the permit requires electronic reporting, except in limited circumstances.

These changes aside, the updated permit is largely unchanged from the previous permit, Killelea said, adding that Ecology staff will continue to support the implementation of the permit through inspections, technical assistance and training.

Ecology convened a public process to update the permit and made changes based on comments received.

Pennsylvania DEP Fines Cabot $120,000 for Storage Tank Explosion and Spill

The Department of Environmental Protection (DEP) recently announced it has fined Cabot Oil & Gas Corp., of Pittsburgh $120,000 for a January storage tank explosion and production fluid spill at the Reynolds well pad in Jessup Township, Susquehanna County.

“This was a serious incident that injured an employee and resulted in a spill of approximately 2,835 gallons of production fluid from a 21,000-gallon storage tank,” DEP Director of District Oil and Gas Operations John Ryder said. “Some of this fluid escaped containment and impacted soil off the well pad.”

Ignited vapors in the headspace of the tank caused the January 11 explosion and subsequent rupture of the tank.

DEP Emergency Response staff responded immediately, and follow-up inspections and sampling were conducted. Samples from an interception trench off the well pad showed high levels of constituents associated with produced water.

The department issued a notice of violation letter to Cabot on January 17, citing violations of the Oil and Gas Act and regulations, Solid Waste Management Act, and Clean Streams Law.

Cabot remediated the spill with oversight by the DEP Northeast Regional Environmental Cleanup and Brownfields program.

Fiber Materials Inc. Fined $6,935 for EPCRA Violations

An EPA settlement with a Biddeford, Maine manufacturer for the company’s alleged failure to file required toxic inventory information requires the company to provide local emergency responders with $13,240 of equipment that will help firefighters to better protect local residents in emergencies.

 The company will donate the safety equipment to the Biddeford Fire Department to use during emergency response activities.

The equipment being purchased by Fiber Materials as part of the agreement includes specialized equipment to aid responders in entering confined spaces such as chemical tanks; a gas detection unit that can measure the levels of various gases in the air so that responders do not enter without appropriate protection; and air cylinders that will increase the amount of time crews may safely spend responding to emergencies in dangerous atmospheres.

This case stems from an EPA inspection earlier this year. EPA alleged that Fiber Materials processed more than 4,000 lb of PACs in 2012, far more than the 100-pound threshold for reporting.

“Failing to file toxic inventory forms deprives the community of its right to know about releases and the presence of toxic chemicals in the neighborhood,” said Curt Spalding, regional administrator of EPA’s New England office. “EPA is pleased that in this settlement, the local community will benefit from their local fire department having access to specialized equipment to better protect health during emergencies.”

US facilities in different industry sectors must report annually how much of each chemical is released to the environment and/or managed through recycling, energy recovery, and treatment. A "release" of a chemical means that it is emitted to the air or water, or placed in some type of land disposal.

Dry Cleaner Assessed $1,500 Penalty for Violating Waste Site Cleanup Requirements

Arthur G. Rossi, owner of Rossi's dry-cleaning business located at 720 Main Street in Oxford, Massachusetts, has been assessed a $1,500 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating Waste Site Cleanup regulations.

 

As required by a recently finalized consent order, Mr. Rossi is paying the penalty and performing groundwater sampling to further assess the extent of the contamination.

"Timely reporting of chemical releases to the environment is critical to ensure that a prompt and effective cleanup is completed," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "Mr. Rossi is performing the necessary actions to attain compliance with the applicable environmental regulations."

Jamaheja Inc. Fined $10,312 for Wetlands Violations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $10,312 penalty on Jamaheja, Inc., of Worcester to address damage caused by violations of the Wetlands Protection Act that occurred on the corporation’s property located at the Hunters Ridge Estates Subdivision, off Ashland Avenue in Southbridge.

The stormwater runoff resulted in soil erosion from undeveloped portions of the subdivision and slope failure at a property on Red Fox Boulevard.

The Southbridge Conservation Commission had issued an enforcement order to the owner, requiring restoration of altered wetland resource areas. 

In the order, the owner has agreed to implement a restoration plan that has been approved by MassDEP, reconstruct the failed slope and prevent any further violations at the subdivision. The owner will also submit a report by a wetland scientist documenting the restoration activities. Through this action approximately 1,000 square feet of Bordering Vegetative Wetlands, 50 linear feet of stream bank and 1,000 square feet of Land Under Water Bodies will be restored and protected. Jamaheja, Inc., must pay $6,000 of the penalty, with the remaining amount suspended as long as there are no further violations over the next two years.

“Companies doing construction near wetlands need to follow the requirements in permits issued by their local conservation commission,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “This is the first line of defense in preventing erosion and sedimentation, and it is especially important near steep slopes that can be more sensitive to erosion.”

Pennsylvania DEP Finds Record-High Radon Level in Lehigh County Home

The Department of Environmental Protection (DEP) has identified a home in the Center Valley area of Lehigh County with the highest home radon level ever measured in Pennsylvania. DEP encourages all area residents to have their homes tested for radon. This is especially important now that homes are winterized, limiting the amount of fresh air that will be entering those structures.

The concentration measured was 3,715 picocuries per liter (pCi/L). Additionally, several other homes in the area have had measured concentrations over 1,000 pCi/L. The EPA recommends that that any dwelling or structure with a radon concentration of more than 4 pCi/L be remediated to lower the radon concentration. In this circumstance, DEP recommended the occupants vacate the home until the measured radon concentration is verified and remediated to a level less than 4 pCi/L.

“Radon can be a serious health risk to people when they are exposed to high levels of it over a long period of time,” DEP Acting Secretary Dana Aunkst said. “While recent results in this area are among the highest ever measured, it’s important to know that the risk is easily remediated.”

Elevated radon levels in homes in this area were initially observed in September. In response, DEP sent letters to more than 500 Center Valley area residents and included a coupon for a free test kit to encourage the residents to test their homes. The residents of the home with this highest measured radon concentration responded to that letter by testing their home. In addition, DEP is working with several other residents to conduct follow-up testing, as well as taking soil and rock samples in the area that will undergo additional testing.

Pennsylvania law prohibits DEP from publicly disclosing the address of private residential test results.

DEP has also contacted the local school district to ensure that radon testing has or will occur in area schools.

Radon is a colorless, odorless, radioactive gas that occurs naturally through the breakdown of uranium in soil and rocks. It can enter a home through cracks in the foundation or other openings. According to EPA, radon is the second leading cause of lung cancer in Pennsylvania and causes about 20,000 lung-cancer deaths in the US every year.

Testing for radon is the only way to know if a home, school, workplace or other structure has elevated concentrations of radon. Most test kits can be purchased at hardware or home improvement stores at an average cost of $15 to $25 per test. The cost of a mitigation system typically ranges around $1000.

While elevated radon concentrations in homes may be more common in certain regions of the state, the potential exists for any home in Pennsylvania to have high radon levels. Elevated radon levels have been detected in all 67 counties. About 40% of homes in the state have the potential for radon levels above EPA’s action level.

Taking Energy Efficient Measures Now Can Loosen Winter’s Grip on Your Home, Wallet

If this winter is anything like last year’s, brace yourself for some high heating bills again. One way to lessen the squeeze on your wallet is by taking steps to make your home more energy efficient. 

Homeowners can start out by using ENERGY STAR’s Home Energy Yardstick, a free online home energy efficiency assessment tool. With information on the last 12 months of utility bills, the home’s square footage, and ZIP code, the Yardstick will tell a homeowner how their home’s energy efficiency compares with similar homes on a 1–10 scale (with 10 being the most efficient).

The Yardstick provides insights into how much of a home’s energy use is related to heating and cooling versus other uses like appliances, lighting, and hot water. It also provides links to guidance on how to increase your home's score, improve comfort, and lower utility bills. The Yardstick will even estimate your home’s annual carbon emissions.

Next, ENERGY STAR’s Home Advisor takes this concept further and creates a profile of a home’s energy efficiency features as well as providing a prioritized list of energy-saving recommendations customized for an individual home.

For homeowners who want to invest in a home energy audit, there are certified home energy auditors who use specialized equipment to pinpoint key areas for improvement and provide customized solutions.

Homeowners can also contact their local utilities and/or state energy office to see if they provide free or subsidized energy audits.

Winter can be a bone-chilling season, but you can escape the cold in your energy efficient home thanks to ENERGY STAR recommendations.

EPA Finalizes Greenhouse Gas Permit for Guadalupe Power

Recently, the EPA issued a final greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) construction permit to Guadalupe Power Partners L.P., to add two gas-fired turbines to their existing facility. The natural gas-fired plant is located in Guadalupe County, 30 miles northeast of San Antonio, Texas.

“We continue to assist Texas’ energy sector in meeting increased demand and reducing harmful greenhouse gas emissions,” said EPA Regional Administrator Ron Curry. “This facility will consume less fuel than older plants, which will cut cost and lower their carbon foot print—a win-win for everyone.”

Guadalupe Power will add two simple-cycle combustion turbines of 227 megawatts electric generating capacity to the existing 1,000 megawatt station. The project will provide peak capacity by providing quick return during high electric demand periods. The project will also add a new firewater pump engine and circuit breakers. The total GHG emissions from the proposed project will be 611,655.16 tons annually of CO2e. Additions will bring over $125 million in capital investments and increased jobs.

In June 2010, EPA finalized national GHG regulations, which specify that beginning on January 2, 2011, projects that substantially increase GHG emissions require an air permit.

Since January 2, 2011, projects in Texas that increase GHG emissions required an air permit from the EPA. In Texas alone, EPA has received 86 GHG permit applications from businesses since 2011.

On October 31, 2014, EPA announced both its approval of the state air plan and the withdrawal of the federal air plan making Texas Commission on Environmental Quality (TCEQ) the primary GHG permitting authority in Texas. The approval became effective upon publication in the Federal Register on November 10. This action eliminates the need for businesses to seek air permits from two separate regulatory agencies in Texas and moves the permitting program to TCEQ.

EPA and TCEQ will continue to work closely with pending permit applicants during the transition period and ensure no unnecessary project delays result from this action. At the request of businesses in Texas, EPA will complete work on 4 permit applications and the remaining 18 applications have been transferred to TCEQ.

Holiday Recycling Tips from Louisiana DEQ

“Tis the season to be jolly” and tis the season to create more waste and garbage than any other. Louisiana, like the rest of the nation, produces more garbage in December than any other month. A little planning ahead of time can reduce the amount of trash that goes to the landfills and reuse can even generate useful items. You can “Be the Solution” and have a more waste-free holiday season by following a few simple tips from the Louisiana Department of Environmental Quality.

When you prepare for the coming holidays, think green: reduce, reuse, and recycle. Wrapping paper is frequently not recyclable so try some other innovative ideas. Wrap a gift in a gift such as a scarf, bandana, dishtowel, or cloth shopping bag. Comic pages and flyers reuse paper and are still recyclable. Reusing old materials can be creative and result in an attractive package. Last year’s Christmas and holiday cards can be used in crafts and as ornaments.

Before the holidays is a perfect time to clean out some of the clutter and unused items in your home. If you have outgrown toys and clothing, consider donating them to charitable organizations that reuse them. Discarded electronics (computers, copiers, fax machines, printers, and monitors) may be donated to a local nonprofit agency, parent-teacher association or the Capital Area Corporate Recycling Council who provides computers to schools, families, and nonprofits.  One man’s clutter is another person’s treasure. Check the recycled content and life of the gift when purchasing. Sometimes donating to a charity, non-profit, or buying a green, locally produced gift or giving a homemade heart gift fits the environmental bill.

Your Christmas tree is another way to take the environment into account, purchasing or replacing old incandescent tree lights with energy efficient LED lights saves energy and money.If you buy an artificial tree it doesn’t have to be discarded. If you decide on a live tree, you can plant it after the holidays. Cut trees, usually collected in early January, are ground up into compost or mulch. Many parishes will have programs to recycle Christmas trees, but to recycle a tree, you have to be sure it is prepared correctly. If you have a cut tree, remember that tinsel, flocking, and decorations must be removed before recycling.

Recycle packaging materials such as cardboard and plastic foam peanuts and recycle used batteries.  Buy rechargeable batteries for toys, cameras, and gadgets. 

Have a safe holiday season and remember to never burn wrapping paper or Christmas trees in the fireplace.

EPA Honors 2014 Green Power Leaders

 

“By using green power, these businesses and organizations are reducing greenhouse gas emissions and the impacts associated with climate change, and protecting public health,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our partners demonstrate that green power is both accessible and affordable while also growing the renewable energy market.”

EPA presented the awards at the Renewable Energy Markets Conference in Sacramento, California. The following businesses and organizations in the Pacific Southwest were among the winners nationwide:

On-Site Generation Partner of the Year

City of Las Vegas, Nevada, reinvests 100% of its savings from solar projects into more renewable energy and conservation, with the goal of becoming a net-zero energy city by 2020. Las Vegas installed 3.3 megawatts of solar photovoltaic panels at its wastewater treatment facility, which, combined with energy retrofits and solar panel installation at city facilities, will save more than $2.5 million per year in energy costs.

Green Power Partners of the Year

Apple, Inc., based in Cupertino, California, was one of the first companies in its sector to supply its data centers with 100% renewable energy. Apple also generates and purchases 100% renewable energy for all of its US corporate facilities and uses more than 92% green power for its entire US-based operations.

Google, Inc., based in Mountain View, California, minimizes its environmental impact through energy efficiency, carbon offsets, and green power use. Google installed one of the largest corporate electric vehicle charging infrastructures in the country, developed some of the most efficient data centers in the world, and purchases and generates renewable energy.

Sustained Excellence in Green Power Partner of the Year

Intel Corporation, based in Santa Clara, California, purchases Green-e certified renewable energy certificates for 100% of the 3.1 billion kilowatt-hours (kWh) of electricity used at its US locations. Intel has on-site solar facilities at 18 locations which generate nearly 10 million kWh of electricity annually and has installed more than 75 solar-powered electric vehicle charging stations across 11 campuses.

Green Power Supplier of the Year

3Degrees Group, Inc., based in San Francisco, California, provides green power products to utilities and renewable energy certificates and carbon offsets to over 215,000 residential and business customers delivering more than 7 billion kWh from wind, biomass, solar, and geothermal facilities. 3Degrees Group supported hundreds of new solar projects including new solar arrays at schools, small agricultural digester facilities, and wind turbines with integrated battery storage.

Close to one-third of all GHG emissions or about 40% of America’s carbon pollution comes from power plants. By using green power, communities, businesses, and organizations can dramatically reduce GHGs, create jobs, improve public health, and help transition the United States to cleaner energy sources.

The 23 award-winning partners were chosen for their exemplary use of green power from more than 1,300 partner organizations. EPA, through the Green Power Partnership, works with organizations to use green power as a way to reduce the environmental impacts associated with fossil fuel-based electricity use. Green Power Partnership organizations currently use over 7.6 billion kilowatt-hours of green power annually.

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Trivia Question of the Week

What is the CERCLA reportable quantity (RQ) for a release of acetone?

a) 5,000 lb

b) 500 lb

c) 100 lb

d) 1 lb