.á All you need to do is click on the "Evaluate a Release" button. If you want to know the reportable quantity for a particular substance, click on the Look Up an RQ button. The web site also has information on whom to contact, guidance materials, and links to the applicable federal regulations.
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Court Stops EPA's Attempt to Weaken Clean Air Act
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In a unanimous decision handed down on March 17, the U.S. Court of Appeals for the DC Circuit struck down the Administration's attempt to weaken a component of the Clean Air Act. The ruling -- which came in a lawsuit brought by states, local governments, and a coalition of environmental groups -- prevents industrial polluters from taking advantage of a regulatory loophole that the EPA opened in late 2003.
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"Today's victory is another reason to wear green this St. Patrick's Day," said Jonathan Lewis, attorney for the Clean Air Task Force. "We didn't need the luck of the Irish today to protect America's air quality because we had the law on our side."
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The loophole at issue would have exempted 20,000 power plants, refineries, and other industrial sources of air pollution from the statutory requirement to update their pollution controls whenever they make equipment replacements that result in increased air pollution. If the exemption had been upheld, outdated facilities across the country would not have to install pollution controls when they replace equipment -- even if the upgrade increases pollution -- as long as the cost of the replacement did not exceed 20% of the cost of the entire unit.
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The court found that such an exemption clearly violated Congress's intent, as expressed in the Clean Air Act's New Source Review (NSR) provisions. Specifically, the three-judge panel ruled that equipment replacement projects fit within the statutory category of "physical changes," and are therefore subject to regulation under NSR.
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The NSR program is one key to ensuring that aging U.S. power plants meet modern pollution standards. According to Nathan Wilcox at PennEnvironment, "these plants are the nation's largest industrial source of air pollution. Nearly three-quarters of all power plant boilers are over 30 years old and most continue to operate without modern pollution control technology. These older plants release 99% of the sulfur dioxide (SO2), 98% of nitrogen oxides (NOx), and 91% of carbon dioxide (CO2) from power plants. SO2 and NOx form soot and smog pollution, and CO2 is the leading global warming pollutant."
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The U.S. Department of Justice is currently prosecuting power plants for violating the same NSR provisions that the court blocked EPA's attempt to gut.
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According to NY Attorney General Eliot Spitzer, the decision "is a major victory for clean air and public health. It will encourage industry to build new and cleaner facilities, instead of prolonging the life of old dirty plants."
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Spitzer said, "It has been estimated that more than 20,000 Americans die prematurely each year from power plant pollution. As a result of this decision, that number should be reduced."
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Cleaner Small Engines are Safe
á Mandated by Congress, the study was peer reviewed and developed in coordination with the Consumer Product Safety Commission.á Other federal agencies and more than twenty outside experts, including fire marshals and engine manufacturers, were consulted during the study.á EPA plans to propose new standards for this class of engines this year.á
New Rule to Help Assess Potential Chemical Risks
.á The rule requires 52 manufacturers of 17 HPV chemicals to conduct screening level tests related to physical and chemical properties, toxic effects and environmental fate, and to provide this information to EPA.á HPV chemicals are manufactured or imported into the United States in amounts over 1 million pounds per year.á To date, more than 400 companies have voluntarily committed to making information available on 2200 HPV chemicals as part of the Agency's High Production Volume Challenge Program.á The 17 chemicals were not sponsored under the program.á
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Second National Water Quality Trading Conference
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Mark your calendar for the Second National Water Quality Trading Conference May 23-25, 2006, in Pittsburgh, PA.á This conference will highlight the economic and environmental benefits of water quality trading.á A collaboration of the U.S. Environmental Protection Agency and the U.S. Department of Agriculture and Farm Foundation, this conference will explore opportunities and challenges associated with developing trading programs.á If you're involved in water management issues, this conference is a must-attend.á á Also visit the site for more details on the conference and a free pre-conference workshop on the basics of water quality trading.
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EPA Acts on Implementation of Landmark Clean Air Interstate Rule
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EPA took a number of actions to assure the timely and efficient implementation of the Clean Air Interstate Rule. Issued on March 10, 2005, CAIR is designed to achieve the largest reduction in air pollution in more than a decade by requiring 28 states and the District of Columbia to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) from power plants.
CAIR will permanently cap emissions of SO2 and NOx in the eastern United States. When fully implemented, CAIR will reduce SO2 emissions in these states by over 70% and NOx emissions by over 60% from 2003 levels. These reductions are expected to result in more than $100 billion in health and visibility benefits per year by 2015 and help prevent an estimated 17,000 premature deaths annually.
CAIR is an important component of the EPA's plan to help states in the eastern United States meet the national health-based air quality standards. These pollution reductions, along with other federal air quality programs, should allow the majority of nonattainment areas in the eastern United States to meet the new air quality standards. After EPA issued the final CAIR, twelve petitions were submitted by state, local and private organizations requesting the agency reconsider certain aspects of its final rule. EPA reopened six issues for public comment. In this final action, EPA is responding to petitioners requests by:
- issuing a final notice explaining the agency's decision that the five issues raised by petitioners for reconsideration should not be changed,
- clarifying in its federal implementation plans for CAIR that solid waste incinerators (and particularly municipal waste incinerators) are not considered electric generating units, and
- notifying petitioners of the agency's decision regarding their remaining petition requests.
In a related action, EPA also issued a final rule to include Delaware and New Jersey in CAIR requiring these states to control SO2 and NOx emissions from their power plants. Both states are already subject to CAIR's ozone requirements. Including Delaware and New Jersey in CAIR for fine particle pollution will help other states meet EPA's health-based air quality standards for fine particles and ground-level ozone by reducing interstate transport of SO2 and NOx.
EPA also finalized federal implementation plan (FIP) rules that provide for a federal emission reduction back-up plan should a state fail to put an adequate implementation plan in place on time. The FIP rules rely upon the same model emission cap and trade programs that EPA established in the CAIR and provide additional options for states to implement the CAIR requirements. EPA will withdraw a FIP once the state's own state implementation plan, or SIP, for meeting the CAIR requirements is approved and in place.
EPA is also denying a petition submitted by North Carolina under Section 126 of the Clean Air Act because CAIR and the FIP rule address the emission reductions requested by North Carolina. CAIR is supposed to eliminate any significant contribution of air pollutants from states linked to North Carolina's nonattainment thus satisfying North Carolina's petition request. EPA projects that in four years North Carolina will meet federal air quality standards for fine particles and ground-level ozone as a result of CAIR's cuts to pollution from neighboring states.
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EPA Fines Fuels and Supplies Inc. for Underground Storage Tank Violations
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EPA has settled a complaint against Fuels and Supplies, Inc., of Springdale, Arkansas, for violations of federal and state underground storage tank (UST) regulations found during a joint compliance inspection with the Arkansas Department of Environmental Quality (ADEQ) in April and May 2004.
Fuels and Supplies, Inc., a convenience store, agreed to a penalty of $70,382 and to come into compliance with federal UST regulations at six facilities located in the cities of Springdale, Rogers, Lowell and Johnson. The complaint involved 19 USTs and 14 violations. The violations were mainly for failure to provide adequate corrosion protection on metal components, testing of installed corrosion protection systems and release detection monitoring and record keeping for tanks and piping.
"Working together, EPA, the state and businesses have made tremendous progress in preventing leaking underground storage tanks," said EPA Regional Administrator Richard E. Greene. "One gallon of gasoline can contaminate five million gallons of drinking water, and half of Americans obtain their drinking water from ground water sources. It makes good sense to enforce the law."
These regulations became effective December 22, 1988. As part of the new energy bill signed into law in August 2005, owners and operators will be required to obtain training in the operation of USTs, and the implementing agencies will be required to increase the frequency of inspections.
EPA Announces Large Capacity Cesspool Agreement with Hawaii Department of Education
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The agreement covers cesspool closures at state-owned schools on every island throughout the state. The Department of Education will install on-site treatment systems at most of the schools and, where possible, will connect to the sewer system.
"By agreeing to close over 300 large capacity cesspools, the Hawaii DOE will significantly reduce the amount of untreated waste released into the environment statewide," said Alexis Strauss, director of the water division in the EPA's Pacific Southwest Office. "Although many are working to replace their large cesspools, there are still those who need to provide compliance plans and schedules, and close large capacity cesspools promptly."
Cesspools discharge raw sewage into the ground which can result in disease-causing pathogens and other contaminants, including nitrates, contaminating groundwater, streams and the ocean. In Hawaii, cesspools are commonly used for wastewater disposal.
"We are pleased to have reached this agreement with the EPA and appreciate their efforts in working with us towards this important undertaking. We are now ready to move forward to implement this agreement to protect Hawaii's environment," said Randy Moore, Acting Assistant Superintendent for Business Services for the DOE.
A "large capacity" cesspool discharges untreated sewage from a multiple dwelling, or non-residential facility serving 20 or more people in a day. Regulations do not apply to single family homes connected to their own individual cesspool. Under the Safe Drinking Water Act's Underground Injection Program, large capacity cesspools were prohibited as of April 2005. It is estimated that more than 4000 cesspools across the state are subject to the closure requirement.
This consent agreement with the Department of Education is one of the last agreements to be reached with federal and state agencies in Hawaii. More than 854 cesspools are covered by 10 agreements addressing cesspools statewide. Several additional agreements have included penalties. Compliance plans and schedules have been received from 740 property owners for closure of their cesspools. Failure to comply with the ban could result in enforcement actions and penalties.
19 Toxic Legacies Reborn
Most people would be surprised to learn that giving a gate key to a model airplane club could transform a cleaned-up landfill into a flying park. But, activities like this are taking place at cleaned-up Superfund sites all around the country, and the results are benefiting human health, local communities, and the environment. The EPA announced that it is helping communities reuse 19 cleaned-up Superfund sites.
The Return to Use Initiative helps to remove real and perceived barriers to community use by addressing liability concerns and providing key information about the site and available uses that would not interfere with the clean-up remedy. Returning the sites to beneficial use not only allows local communities to reclaim lost land, it can also lead to increased property values, a higher tax base and protected open space. In addition, when local interests have a stake in the revitalized property, the chances are greater for continued productive use.
The 19 new demonstration projects are located in Colorado, Connecticut, Florida, Illinois, Indiana, Kansas, Maine, Michigan, New Hampshire, Pennsylvania, South Carolina, Tennessee and Utah.
EPA launched the Land Revitalization Initiative in April 2003 to help communities restore contaminated properties to environmental and economic vitality. EPA works with property owners and federal, state, and local partners to promote the reuse of sites as green space, or for recreational or commercial facilities, without posing any risk to human health or the environment.
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EPA Fines California DOT and Construction Contractor for Asbestos Violations
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EPA fined W.C. Maloney, Inc. of Stockton, Calif. and the California Department of Transportation $7,700 for an alleged violation of the federal Clean Air Act asbestos regulations.
In 2003, the California DOT hired W.C. Maloney, Inc. to demolish the Adobe Road Overcrossing Bridge located at Interstate 5 and Adobe Road in Red Bluff, Calif.á The U.S. EPA and California Air Resources Board inspectors found that Maloney and the California Department of Transportation failed to submit a written notification of its intention to demolish it to the EPA before demolition began, a violation of the federal Clean Air Act.
"Because asbestos poses such a significant threat to human health, the EPA will vigorously enforce the federal regulations to ensure that companies that work with asbestos follow the rules," said Deborah Jordan, director of the U.S. EPA's Air Division for the Pacific Southwest Region.
It presents a significant risk to human health as a result of air emissions. Individuals exposed to asbestos fibers can contract illnesses such as mesothelioma and lung cancer.
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Environmental Protection Services Fined for PCB Violations
An administrative law judge has assessed a $151,800 penalty against Environmental Protection Services, Inc. (EPS) for improper storage and disposal of equipment containing polychlorinated biphenyls at the company's scrap metal recovery facility in Wheeling, WV, the EPA announced.
PCBs were once widely used as a nonflammable coolant for transformers and other electrical equipment. In 1976, Congress enacted the Toxic Substances Control Act (TSCA), which strictly regulated the manufacture, use and disposal of PCBs. The 2001 complaint against EPS was EPA's first case enforcing TSCA regulations for the burning of PCB-contaminated materials in scrap metal ovens.
EPS operates a commercial PCB storage and disposal facility in Wheeling. After inspecting the facility, EPA cited the company for violating storage limits for transformers and capacitors containing PCBs. EPA inspections also discovered violations of time and temperature requirements for the burning of PCB-contaminated materials in scrap metal recovery ovens.
Judge Charneski's decision upholding EPA's complaint and proposed penalty followed 15 days of hearings conducted in Wheeling, WV and Philadelphia, PA, in 2003 and 2004. After rejecting the company's defenses, the judge found that "EPS was highly negligent" in exceeding storage limits for PCB capacitors and transformers. The judge also found a "high degree of negligence" resulting from the company's violation of PCB regulations for incineration in scrap metal ovens. The judge noted violations relating to insufficient time and temperature being applied to the PCB-contaminated materials during 15 burn cycles on 11 randomly selected dates in 1999.
"EPS has offered no adequate explanation to answer how bar-coded, PCB-contaminated transformers could be improperly disposed of in its scrap metal recovery oven with such regularity," Judge Cherneski stated.
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$40,000 Penalty against Earth Protection Services, Inc for Hazardous Waste Violations
Arizona Department of Environmental Quality Director Steve Owens announced a $40,000 penalty against Earth Protection Services, Inc. (EPSI), a company that recycles discarded mercury-containing lamps, for hazardous waste violations at the company's former Phoenix facility.
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During a November 2002 inspection, ADEQ discovered that EPSI was improperly handling and storing hazardous waste, failing to adequately train new employees and allowing a leak of mercury-laden phosphor powder to threaten employee safety.
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ADEQ issued a Notice of Violation to EPSI and initiated enforcement action against the company, resulting in the $40,000 penalty. "These were very serious violations involving hazardous waste," Owens said. "Companies that deal with hazardous materials must follow the law."
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EPSI has ceased operations at the 48th Ave. location and now operates a new recycling facility in Glendale, AZ.
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Buckeye Pipeline Fined $150,000 for Spill
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The áPA Department of Environmental Protection fined Buckeye Pipline Co. $150,000 for an October 2005 release of nearly 50,000 gallons of gasoline and other products from its Macungie Terminal in Upper Milford Township, Lehigh County.
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Under a consent order and agreement with DEP, the company must continue site characterizations, cleanup efforts and well sampling activities at the terminal where the spill occurred.
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"Imposing this penalty and issuing this order underlines our ongoing concerns about Buckeye's overall operations at this site," DEP Northeast Regional Director Michael Bedrin said. "We want to make sure this cleanup moves ahead aggressively to ensure the health and safety of area residents and address the environmental contamination."
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Under DEP's consent order and agreement, Buckeye must submit a comprehensive site characterization report to the department that defines the horizontal and vertical extent of contamination by October 2006. Following DEP approval of that report, the company must submit plans to clean up soil, groundwater and surface water contamination.
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DEP's also cites several other petroleum product leaks or spills at the terminal that have not been addressed or documented adequately, requiring the entire site to be characterized so that cleanup plans can address the site as a whole. The consent order and agreement requires Buckeye to test its storage tanks and all underground piping at the facility.
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DEP was notified of a potential gasoline release at Buckeye's tank farm on Oct. 24. The company indicated that their inventory records showed a release of gasoline product may have occurred and that an investigation was under way at the site.
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Buckeye was able to confirm that approximately 48,000 gallons of unleaded gasoline leaked from a crack in a sump at the bottom of a 1.68-million-gallon storage tank on Nov. 1. Representatives from DEP, EPA, the U.S. Department of Transportation and the Lehigh County Emergency Management Agency inspected the site Nov. 2.
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The company has installed more than 30 monitoring wells, some of which also include interim product and vapor recovery capabilities. An estimated 31,000 gallons of gasoline have been recovered as vapor or liquid from the estimated 48,000 gallons that leaked.
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PA DEP Offers Statewide Workshops to Help Business Owners Cut Energy Costs
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The DEP will provide half-day workshops this spring to help owners of small and medium-sized businesses in Pennsylvania reduce energy costs and increase profits.
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"Small and medium-sized businesses have little room in their budgets for increased expenses," DEP Secretary Kathleen A. McGinty said. "With recent record-high oil and natural gas prices, we want to make sure Pennsylvania businesses take advantage of every opportunity to conserve energy, save money and remain competitive."
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DEP's Office of the Small Business Ombudsman is partnering with the Electrotechnology Application Center at Northampton Community College's Center for Business and Industry to provide the energy management workshops.
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Each workshop will offer business owners information on energy supply options, illustrate how to identify energy cost-saving opportunities and explain how to initiate an energy management program. Particular emphasis will be given to easily implemented, cost-effective changes for small commercial and industrial facilities.
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Registration for the workshops is free, and the sessions are open to the general public. Local government officials also are encouraged to attend.á
The workshops will be held on the following dates at these locations:
- April 18 at DEP's Southeast Regional Office, 2 E. Main St., Norristown, Montgomery County
- April 25 at ETAC (Northampton Community College), 3835 Green Pond Road, Bethlehem, Northampton County
- May 2 at DEP's Southcentral Regional Office, 909 Elmerton Ave., Harrisburg, Dauphin County
- May 9 at DEP's Southwest Regional Office, 400 Waterfront Dr., Pittsburgh
- May 11 at the North Central PA Regional Planning and Development Commission, 651 Montmorenci Road, Ridgway, Elk County.
Delaware DNREC Issues Advisory to Gas Station Owners: Prepare for Ethanol Blend in Gasoline
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Delaware's Department of Natural Resources and Environmental Control issued an advisory to gas station owners and operators to inform them of steps they should take prior to storing and selling ethanol products in Delaware.
Gasoline sold in Delaware must be a reformulated blend that, when burned, meets the EPA's federal emission standards. Gasoline sold in Delaware presently contains MTBE, an oxygenate used to make the gasoline burn cleaner. However, in Delaware and across the nation, MTBE has leaked into the groundwater and contaminated drinking water supplies.
Regional refineries will soon switch from adding MTBE to adding ethanol, both oxygenates, sometime prior to May 1, 2006. The Energy Policy Act of 2005 lifted the requirement that refineries add an oxygenate to gasoline but also required the doubling of ethanol use over the next six years, which roughly equates to going from about 4 billion gallons to 7.5 billion gallons by 2012.
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Before stations switch over to selling gasoline containing ethanol, DNREC recommends that station owners and operators clean out their underground storage tanks, ensure their tank systems are watertight, properly label dispensers, and replace filters at the pump.
Ethanol is made from corn and is being sold as an additive in gasoline in 40 states. Most cars and small engines can safely use gasoline containing a 10% blend of ethanol (E-10), but to be certain, owners of all automobiles and various power equipment with small engines such as snowblowers, lawn mowers, pressure washers should check their owner's manual for ethanol compatibility.Certain newer cars that are considered flexible fuel vehicles can also run on 85% ethanol blend (E-85); however, E-85 fuel will not be sold in Delaware.
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Louisiana Meets All Air Toxics Standards for First Time
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The Louisiana Department of Environmental Quality is reporting that Louisiana met all air toxic standards at all air-monitoring sites in the state for the first time in 2005.
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After a thorough review of the data from 16 DEQ air-monitoring sites throughout the state, the department is announcing that the entire state is in compliance with all air toxics ambient air quality standards for the first time since the air toxics program's inception in 1990. Louisiana, which monitors for 60 air toxics, is one of only three states with established ambient air toxics standards. Currently, there are no federal ambient air toxics standards.
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The news shows progress for the state's air quality. However, there is still work to do in the five-parish Baton Rouge area because it fails to meet federal guidelines for the criteria air pollutant ozone.
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Because of this failure to comply, DEQ initiated an aggressive air-quality campaign for the summer of 2005. The goal was to reduce emissions of highly reactive volatile organic compounds (HRVOCs) which contribute to the formation of ozone. Toward the end of 2004, DEQ issued administrative orders to 15 industries in the Baton Rouge area requiring 22 additional monitors and more internal audits. DEQ also used a HAWK infrared gas imaging camera to look for leaks at facilities, in pipelines, on barges and on railroad tank cars. There were also additional inspections performed throughout the five-parish Baton Rouge area.
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Ambient air monitoring data collected from 2005 shows that these efforts met with some success. Decreases in air toxic releases were noticed at the Port Allen and South Scotlandville monitors. Both sites were previously out of compliance with the state air toxics standard for 1,3-butadiene. This pollutant is also one of the more common pollutants associated with ozone formation. In 2005, there was only one significant strike, 100 PPB or greater, compared to seven in 2004. There was also a 40% total decrease in HRVOCs in the five-parish Baton Rouge area.
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DEQ will continue its monitoring efforts throughout the state and will look to new technologies to continue improving air quality. DEQ is working to acquire a mobile monitoring laboratory which will enable it to conduct local monitoring and evaluate toxic emissions in more locations and closer to emission sources.
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Massachusetts Proposes First-in-the-Nation Standards for Perchlorate
The Massachusetts Department of Environmental Protection (MassDEP) released the first-in-the-nation drinking water and waste site cleanup standards of 2 ppb for the chemical perchlorate, which has been found in drinking water sources at 10 locations across the state.
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The proposed standards will be protective of public health, especially for sensitive populations, such as pregnant women, nursing mothers, infants, and individuals with low levels of thyroid hormones. Perchlorate has been found to interfere with thyroid function, which could lead to impaired human development and metabolism. No federal standards regulating perchlorate levels in drinking water currently exist.
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Perchlorate is a chemical that can be found in blasting agents, fireworks, military munitions, and other manufacturing processes, and can be generated in small amounts within existing water treatment processes.
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The proposed regulations require parties responsible for perchlorate contamination to cleanup the contamination and for all drinking water supplies to contain no more than 2 ppb of perchlorate. The regulations also require regular testing for perchlorate in all public water systems.
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MassDEP has proposed the 2 ppb standard based on a thorough review of the scientific data available on perchlorate, including analysis performed by independent scientists at the National Academy of Sciences. In setting the proposed perchlorate standard, MassDEP used long-standing protocols previously utilized in the setting of over 200 chemical standards for drinking water and for the cleanup of groundwater at waste sites.
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Perchlorate was first detected in 2002 in the aquifer under the Massachusetts Military Reservation on Cape Cod, when it was found to be moving toward drinking water wells in the town of Bourne. In 2004, MassDEP required all drinking water systems in the state to test for the presence of perchlorate in their drinking water sources. Test results indicated perchlorate above the interim state advisory level at sites in Chesterfield, Southbridge, Hadley, Williamstown, Boxborough, Millbury, Westford, Boxford, Tewksbury and Westport, and those sites were required to take specific actions to address the contamination.
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Rhode Island Applauds Recommendation that States be Allowed to Adopt California Air Standards
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Rhode Island's Department of Environmental Management said it strongly supports a report issued by the National Research Council (NRC) that reaffirms the importance of states having the ability to adopt California's stringent air pollution standards for automobiles and trucks.
The NRC issued the report, titled "State and Federal Standards for Mobile Source Emissions," in response to a request by Congress to evaluate how California sets air pollution standards for automobiles and trucks and how other states adopt the California standards. The NRC rejected arguments from vehicle manufacturers wanting to curtail state authority to reduce air pollution from motor vehicles, and did not recommend any legislative or regulatory changes that would prohibit states from adopting California's cleaner vehicle emission standards.
The federal government sets national air pollution standards for automobiles and trucks under the Clean Air Act. The Act also grants California the authority to set its own, more stringent, standards, which other states may adopt in lieu of the federal standards. Rhode Island is one of 15 states that have adopted the strict California standards for either automobiles or trucks.
In 2004, Rhode Island adopted the latest California Low Emission Vehicle II (LEV II) new vehicle emission standards for new vehicles sold in the state beginning with model year 2008. The California LEV II program requires reductions in tailpipe and evaporative emissions from new passenger cars, light-duty trucks and sport utility vehicles sold in the state. The program is expected to provide substantial reductions in new vehicle exhaust emissions over the next two decades. It should reduce hydrocarbon emissions in Rhode Island by 16%, air toxics emissions by 25%, and greenhouse gas emissions by 2%, by the year 2020.
In December 2005, Rhode Island went a step further by adopting California's greenhouse gas emissions standards. The new standards are designed to lower the amount of greenhouse gases that are emitted from new vehicles purchased in the state. The new emissions standards limit the amount of carbon dioxide, methane, nitrous oxide, and certain air conditioning refrigerants emitted by the fleets of vehicles sold by auto manufacturers, including medium-duty weight class vehicles. The standards will be phased in over the 2009 through 2016 model year period, and when fully implemented, are expected to result in a 30% reduction in greenhouse gas emissions from vehicles.
"We adopted the California LEV II and greenhouse gas emission standards based on sound scientific data," Governor Donald L. Carcieri said. "The report issued today by the NRC reaffirms the importance of allowing states to maintain the responsibility for meeting air quality standards."
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Framework for California's "Green Chemistry" Policy
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The report is the first in the nation to establish a state framework for a move toward "green chemistry," in which policies are designed to motivate industry investment in the design and use of chemicals that are less toxic, do not accumulate in the body, and break down more readily in the environment. Green chemical manufacturing processes also use safer materials and less energy, and they produce less hazardous waste.
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The report says that greater incentives for innovation are needed to motivate industry leaders and entrepreneurs to invest in green chemistry. These include improvements in information on chemical toxicity, enhanced regulatory oversight and greater funding for green chemistry research in California. It recommends that California develop a comprehensive chemicals policy to implement these changes and that the legislature convene a chemicals policy task force as the first step in this process.
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The United States has already fallen behind globally in the move toward cleaner technologies, including green chemistry, say the report's authors. The European Union (EU), for instance, has already passed legislation in the push toward environmentally safer materials. One law, the Directive on Waste Electrical and Electronics Equipment (WEEE), is intended to encourage the use of new materials in electronic products that are easier to handle during recycling and recovery; it makes manufacturers who sell electronic products in the EU responsible for reducing electronic waste.
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A second EU law, the Restriction of Hazardous Substances in Electrical and Electronic Equipment Directive (RoHS), bars the use of hazardous substances, including lead, mercury, cadmium and other toxic materials, in electrical and electronic equipment sold in the European Union.
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A proposed third piece of legislation, the Registration, Evaluation and Authorization of Chemicals (REACH) framework, will require EU producers and importers to submit toxicity and use information for about 30,000 chemicals, and it introduces an authorization procedure for the use of up to 1,400 very hazardous chemicals.
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"The European Union is emerging as a global leader in clean technology and chemicals management, and they are changing the nature of production globally," said Michael P. Wilson, assistant research scientist at the Center for Occupational and Environmental Health at UC Berkeley's School of Public Health and lead author of the report. "California should be on the leading edge of these technologies, including green chemistry, which would not only respond to concerns about the state's long-term productive capacity, but it would address a whole host of chemical problems that are affecting health, environment, businesses and government in the state."
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According to the report, a relatively weak U.S. Toxic Substances Control Act (TSCA) has provided little incentive for U.S. manufacturers to invest in green chemistry technologies. For instance, TSCA has not required chemical producers to generate and make public toxicity and exposure information for some 99% of synthetic chemicals in commercial use.
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"As a result, U.S. consumers, industry, and small-business owners are unable to identify safer chemical products on the market, and it is very difficult for industries to identify hazardous chemicals in their supply chains," the report states.á It cites an EPA estimate that 217,000 new hazardous waste sites will appear in the United States by 2033, on top of 77,000 sites in existence today, and that efforts to mitigate environmental impacts at the new sites will cost an additional $250 billion.
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"California already plays a leading role in a number of innovative areas, such as energy efficiency," said Wilson. "By acting in the near term, the state could become a global leader in green chemistry innovation."
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New Jersey to Step Up Enforcement of Unpermitted Hydrodemolition Units
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Hydrodemolition units use high-pressure water to remove or demolish concrete. The equipment is designed to remove concrete to a prescribed depth of solid concrete or to completely remove weakened, unsound concrete so an ideal bonding surface is available for a new overlay. However, the wastewater produced by this process can seriously impair groundwater and any other surface water bodies into which it is discharged. Hydrodemolition debris consists of wet sand, aggregate, chips or chunks of concrete, and slurry water (suspended cement particles in water). In addition to causing the milky-white slurry water, the cement particles increase the pH of the water to between pH10 and 12.
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The New Jersey DEP has determined that such wastewater discharges to the state's ground and surface waters, either directly or indirectly via storm sewers, has a major impact on water quality and will not be permitted under the New Jersey Water Pollution Control Act. As such, DEP's Water Compliance and Enforcement Program will be actively pursuing enforcement actions for unpermitted wastewater discharge from hydrodemolition units. Penalties will be issued, to the hydrodemolition company and to the facility that hired them, for both the illegal discharge and any resulting environmental damages.
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Wastewater from a hydrodemolition unit must not be discharged onto the ground or into any surface water body. Instead, it must be collected and hauled off-site or diverted to a wastewater treatment plant. One method of effective wastewater collection is to connect a vacuum truck directly to the hydrodemolition unit. If you choose to discharge to a sanitary collection system, approval from the wastewater treatment plant is required prior to discharge. It also is likely that there will be a pretreatment requirement for some level of solids removal or pH adjustment.
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2006 California Energy Efficiency Standards
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The 2006 Appliance Efficiency Regulations, (California Code of Regulations, Title 20, Sections 1601 through 1608) dated January 2006 were approved by the California Office of Administrative Law on December 30, 2005. These Appliance Efficiency Regulations replace all previous versions of the regulations.
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Twenty-one categories of appliances are included in the scope of these regulations. The standards within these regulations apply to appliances that are sold or offered for sale in California, except those sold wholesale in California for final retail sale outside the state and those designed and sold exclusively for use in recreational vehicles or other mobile equipment.
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Department of Energy Website for Reporting Gasoline Price Gouging
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The Department of Energy says that it is very concerned about the impact of gasoline prices. While DOE is working to address longer term supply issues, the Department is also working to make sure that you are being treated fairly at the pump.
Environmental Resource Center Celebrates Its 25th Anniversary
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Environmental Resource Center turns 25 this year. We are celebrating this milestone with exciting activities throughout the year.
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We are kicking off our anniversary year with a contest. The winner will receive a free annual subscription to all of our environmental and safety classes, valued at $1,999. The subscription entitles the winner to attend any or all classes or webcasts that we offer during a one-year period.
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Enter your ideas or vote for your favorites from March 20 to April 30, 2006.á The person whose idea receives the most votes wins.
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In the event of a tie, Brian Karnofsky, founder and president of Environmental Resource Center, will select the winner based on his assessment of the greatest long-term benefits of the idea.
The winning idea and winner's name and company will be posted here on May 5, 2006.
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And be sure to come back often to review and vote for the best pollution prevention ideas.
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Trivia Question of the Week
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How many gallons of crude oil does it take to make one gallon of jet fuel? a.á 1.5 gallons
b.á 5 gallons
c.á 7 gallons
d.á 10 gallons
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