Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards

On June 30, 2014, the EPA proposed revisions to both of the petroleum refinery NESHAP based on the residual risk and technology review (RTR). In that action, the Agency also proposed to revise the NESHAP pursuant to CAA section 112(d)(2) and (3), to revise the SSM provisions in the NESHAP, and to make technical corrections to the NSPS to address issues related to reconsideration of the final NSPS subpart Ja rule in 2008. In this action, decisions and revisions for these rules are being finalized.

In a Final Rule published in the December 1, 2015 Federal Register (effective on February 1, 2016), EPA is finalizing the residual risk and technology review conducted for the Petroleum Refinery source categories regulated under national emission standards for hazardous air pollutants (NESHAP) Refinery MACT 1 and Refinery MACT 2. The rule also includes revisions to the Refinery MACT 1 and MACT 2 rules in accordance with provisions regarding establishment of MACT standards. This action also finalizes technical corrections and clarifications for the new source performance standards (NSPS) for petroleum refineries to improve consistency and clarity and address issues related to a 2008 industry petition for reconsideration. Implementation of this final rule will result in projected reductions of 5,200 tons per year (tpy) of hazardous air pollutants (HAP) which will reduce cancer risk and chronic health effects.

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 to 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

 

New Exclusions for Solvent Recycling and Hazardous Secondary Materials

EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.

The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.

The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.

Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast on December 12 where you will learn:

• Which of your materials qualify under the new exclusions
• What qualifies as a hazardous secondary material
• Which solvents can be remanufactured, and which cannot
• What is a tolling agreement
• What is legitimate recycling
• Generator storage requirements
• What documentation you must maintain
• Requirements for off-site shipments
• Training and emergency planning requirements
• If it is acceptable for the recycler to be outside the US

 

Cleveland RCRA and DOT Training

 

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

 

Anaheim RCRA and DOT Training

 

EPA Increases in Renewable Fuel Composition of Gasoline

 This rule finalizes higher volumes of renewable fuel than the levels EPA proposed in June, boosting renewable production and providing support for robust, achievable growth of the biofuels industry.

“The biofuel industry is an incredible American success story, and the RFS program has been an important driver of that success—cutting carbon pollution, reducing our dependence on foreign oil, and sparking rural economic development,” said Janet McCabe, the acting assistant administrator for EPA’s Office of Air and Radiation. “With today’s final rule, and as Congress intended, EPA is establishing volumes that go beyond historic levels and grow the amount of biofuel in the market over time. Our standards provide for ambitious, achievable growth.”

According to EPA, the final RFS is an important part of the Obama Administration’s strategy to take action on climate change by propelling the US toward a clean energy future. With final standards in place for the year ahead, biofuel producers and blenders are in a better position to plan and invest—putting the market on stable ground and supporting further growth and innovation in the renewable fuels industry.

The final 2016 standard for cellulosic biofuel—the fuel with the lowest carbon emissions—is nearly 200 million gallons, or 7 times more, than the market produced in 2014. The final 2016 standard for advanced biofuel is nearly 1 billion gallons, or 35%, higher than the actual 2014 volumes; the total renewable standard requires growth from 2014 to 2016 of more than 1.8 billion gallons of biofuel, which is 11% higher than 2014 actual volumes. Biodiesel standards grow steadily over the next several years, increasing every year to reach 2 billion gallons by 2017.

The RFS, established by Congress, requires EPA to set annual volume requirements for four categories of biofuels. The final rule considered more than 670,000 public comments, and relied on the latest, most accurate data available. EPA finalized 2014 and 2015 standards at levels that reflect the actual amount of domestic biofuel used in those years, and standards for 2016 (and 2017 for biodiesel) that represent significant growth over historical levels.

Final Renewable Fuel Volumes

	2014	2015	2016	2017
Cellulosic biofuel (million gallons)	33	123	230	n/a
Biomass-based diesel (billion gallons)	1.63	1.73	1.90	2.00
Advanced biofuel (billion gallons)	2.67	2.88	3.61	n/a
Renewable fuel (billion gallons)	16.28	16.93	18.11	n/a

Note: Units for all volumes are ethanol-equivalent, except for biomass-based diesel volumes, which are expressed as physical gallons.

The final rule also sets out revised compliance dates for refiners and other parties.

EPA Proposes the Design for Draft Unregulated Contaminants Monitoring Rule 4

 UCMR 4 identifies analytical methods for water system monitoring for a total of 30 contaminants/groups, consisting of ten cyanotoxins/groups, two metals, eight pesticides plus one pesticide manufacturing byproduct, three brominated haloacetic acid groups of disinfection byproducts, three alcohols, and three semivolatile organic chemicals. Implementation and monitoring activities for these chemicals are expected to take place from 2017–2021. UCMR information is the primary source of occurrence and exposure data for the Agency to determine whether or not to regulate these contaminants for the protection of public health.

New York Petitions DOT to Reduce Dangers of Crude Oil Shipped by Rail

New York Attorney General Eric T. Schneiderman recently called on the DOT to close a loophole that currently allows highly flammable crude oil to be shipped by rail through communities in New York and across the country. 

Despite several recent derailments of trains carrying crude that have resulted in extraordinary explosions and uncontrollable fires—including the horrific Lac-M?gantic, Quebec, accident where a derailed train burst into flames, destroyed the downtown area, and killed 47 people—there is no federal limit on the vapor pressure of crude oil transported by rail. The Attorney General’s petition argues that reducing crude oil vapor pressures to levels below 9.0 psi is not only practical, but is necessary for minimizing the risks and severity of accidents involving railroad tank cars.

“Recent catastrophic rail accidents send a clear warning that we need to do whatever we can to reduce the dangers that crude oil shipments pose to communities across New York State,” said Attorney General Schneiderman. “In New York, trains carrying millions of gallons of crude oil routinely travel through our cities and towns without any limit on its explosiveness or flammability—which makes crude oil more likely to catch fire and explode in train accidents. The federal government needs to close this extremely dangerous loophole, and ensure that residents of the communities in harm’s way of oil trains receive the greatest possible protection.”

According to the Association of American Railroads, crude oil shipments by rail increased from 9,500 carloads in 2008 to 493,126 carloads in 2014, representing an increase of over 5,000%. It has been reported that up to 44 “unit trains”—chains of 70 to 120 tank cars—travel on rail routes that bisect New York each week, each carrying from 2 to 3.5 million gallons of crude oil. These trains traverse approximately 700 miles of the state, passing through the heart of population centers such as Buffalo, Syracuse, Rochester, Plattsburgh, Saratoga Springs, Albany, Kingston, and Newburgh, and within a few miles of New York City. An oil train accident along these routes of the size and intensity of those seen in Quebec and other locations, could imperil the safety of thousands of New York State residents who live, work, travel, and recreate along the way.

 In July 2015, in response to concerns raised by a number of rail accidents involving crude oil shipments, the agency adopted a new rule that sought to enhance the structural integrity of train cars that ship crude oil, and lessen the chances of train derailments. Although the new rule imposed new regulations on the design and operation of train cars, it did nothing to increase the safety of the highly combustible liquids carried by these cars. Because of this, under federal law, crude oil can still be shipped through some of New York’s most densely populated communities without any limit on its explosiveness or flammability.

Attorney General Schneiderman’s petition seeks to close this dangerous loophole by requiring all crude oil transported by rail to achieve a vapor pressure of less than 9.0 psi. Vapor pressure is a key contributor to crude oil’s explosiveness and flammability. Crude oils with the highest vapor pressures—such as crude produced from the Bakken Shale formations in North Dakota—have the highest concentrations of propane, butane, ethane, and other highly volatile gases. While the vapor pressure of the crude involved in train accidents is frequently not disclosed, in the limited number of instances it is known—including the La-M?gantic accident—vapor pressures have exceeded 9.0 psi.

“I am pleased Attorney General Schneiderman filed this petition, because no one should have to live with dangerously explosive materials rumbling through their back yards,” said Congresswoman Nita Lowey. “That’s why I introduced legislation in the House of Representatives (HR 2379) that would immediately ban interstate shipment of the most volatile forms of crude oil so that we can prevent a crude oil tragedy in our community. We need faster progress on crude transport safety to protect Americans who live and work near extensive railways—including my constituents in Rockland County. As Ranking Member of the House Appropriations Committee, I will continue working to pass my bill and implement other measures to prevent another crude transport disaster.”

“I commend Attorney General Schneiderman for his action today to highlight the inconsistencies of federal regulations that could place New Yorkers in harm’s way,” said Albany County Executive Daniel P. McCoy. “The volatility of Bakken crude being transported through Albany County is of concern to me and is part of the recommendations put forth in May by the Expert Committee on Crude Oil Safety in Albany County. The time is now for the federal government to address this issue and I am pleased that the Attorney General is calling on the PHMSA to enhance safety by reducing the volatility of the oil shipped through our community.”

“As we have seen in other communities, rail disasters such as the tragedy in Quebec, have devastating and far-reaching consequences,” said Erie County Executive Mark Poloncarz. “We must act in all ways possible to prevent such tragedies from befalling other communities, and Attorney General Schneiderman’s proposal to reduce the flammability of crude oil shipments is a common sense way to reduce the likelihood of another such disaster. I support this proposal as another way to protect the residents of Erie County and New York State.”

“I fully support Attorney General Schneiderman’s effort to improve the safety of the highly combustible liquids that are transported through cities like Albany on a daily basis,” said Albany Mayor Kathy Sheehan. “This is a common sense measure that can be easily implemented to protect our residents from the unthinkable harm that can occur when a derailment occurs. We will continue to advocate for stronger guidelines and federal action to ensure the safety of our communities .”

“Trains that are carrying highly flammable crude oil are an inherent risk to communities across New York State,” said Syracuse Mayor Stephanie A. Miner. “I support Attorney General Schneiderman in calling for the federal government to take common sense steps to reduce the flammability of crude oil that is shipped via rail. I firmly believe we must utilize available technology to reduce the risk of catastrophe if an accident occurs.”

“The tragedy at Lac-M?gantic was a result of excess speed and excess volatility. The Attorney General is calling for common sense, easily implemented controls on vapor pressure to control the volatility of crude oil being transported by rail,” said Plattsburgh Mayor James Calnon. “As Mayor of a city that has oil trains moving through its downtown, lakefront, and residential areas, I heartily endorse the Attorney General’s plan. At the same time, we cannot drop our vigilance regarding speed limits, and need to resist any attempts to raise them and to endorse attempts to lower them in our populated areas.”

“Communities like Newburgh are at risk with highly flammable crude oil being transported through our neighborhoods,” said Newburgh Mayor Judy Kennedy. "I stand with Attorney General Schneiderman in calling for federal action to reduce the flammability of crude oil that is being shipped via rail. The technology exists to reduce the risk of catastrophe if an accident occurs, and this is a fundamental issue of public safety that is too important to ignore.”

"I join Attorney General Schneiderman's call to mandate vapor pressure of 9.0 psi or lower for crude oil transported by rail. A higher than 9.0 psi was the case for the tragic Lac-Megantic accident. Oil travel through our state and my district remains a serious concern for me and I continue to look for increase safety regulations for these transporters and container companies," said Assemblymember Patricia A. Fahy.

“A roughly 50-fold increase in oil train traffic in the last seven years means more and more of these explosive trains are rolling through communities where people live—especially in New York, which has become a hub for oil tanker trains,” said Richard Schrader, New York Legislative Director, Natural Resources Defense Council. “As the recent uptick accidents show, these trains simply aren’t safe. With any accident having the potential to be catastrophic, the federal government needs to do more to protect people. We applaud Attorney General Schneiderman for taking this important action.”

Peter Iwanowicz, executive director of Environmental Advocates of New York said, “When oil trains derail, the volatility of the fuel can have a significant impact on the size and severity of the explosion. The higher the vapor pressure, the greater chance that lives will be lost. The amount of crude-by-rail traffic passing through our communities has increased thousands of times over. The crude can be made less volatile and the Obama Administration must act before another life is lost. Environmental Advocates applauds Attorney General Schneiderman for exploring every tool available to make communities safer as we also move entirely away from dirty fossil fuels.”

“Communities across New York State are at risk with highly flammable crude oil being transported by trains,” said Patricia Kane, a registered nurse at Staten Island University Hospital and treasurer for New York State Nurses Association. “NYSNA nurses stand with Attorney General Schneiderman in supporting federal action to reduce the flammability of crude oil that is being shipped via rail. There are basic steps that we can take to reduce the risk of catastrophe in the event of an accident and we support this common-sense proposal.”

Industry has for years already employed technology to process crude oil to reduce or remove the combustible gases that give crude oil its high volatility. The technology is well-known and readily-available. Known as “stabilization,” the technology reduces crude’s vapor pressure by removing the volatile propane, butane, and ethane gases—often capturing these valuable gases for sale. Stabilization is commonly used in various sectors of the oil and pipeline industries to limit the vapor pressure of certain highly flammable liquids. For example, the EPA, various states, and pipeline operators across the country have adopted vapor pressure limits for gasoline, which require shippers to employ similar stabilization technology.

California to Require Metal Shredders to Pay Annual Fee

California’s Department of Toxic Substances Control (DTSC) is proposing to adopt emergency regulations to establish an annual fee on metal shredding facilities subject to the requirements of Senate Bill 1249 (Hill, Chapter 756, Statutes of 2014). A "metal shredding facility" is defined by the State Health and Safety Code (HSC) section 25150.82(b) as an operation that uses a shredding technique to process end-of-life vehicles, appliances, and other forms of scrap metal to facilitate the separation and sorting of ferrous metals, nonferrous metals, and other recyclable materials from non-recyclable materials that are components of the end-of-life vehicles, appliances, and other forms of scrap metal. A metal shredding facility does not include a feeder yard, a metal crusher, or a metal baler, if that facility does not otherwise conduct metal shredding operations.

DTSC is authorized by HSC section 25150.84(a) to collect an annual fee from all metal shredding facilities that are subject to the requirements of the chapter. DTSC is authorized to establish a fee at a rate sufficient to provide for the reasonable and necessary costs of DTSC to implement the chapter, as applicable to metal shredding facilities. DTSC is authorized to update the fee periodically as necessary. DTSC is authorized by HSC section 25150.84(c) to adopt regulations to establish an annual fee as an emergency regulation.

DTSC has proposed to add regulations to establish an annual fee in California Code of Regulations, Title 22, Division 4.5, Chapter 56, commencing with section 69600.1. The annual fee will apply equally to each metal shredding facility, and will be calculated by dividing DTSC's annual projected costs by the total number of metal shredding facilities operating in any portion of the calendar year to which the fee applies. The annual projected cost is defined in the emergency regulation as the costs, as determined by DTSC, to implement the necessary activities required in Chapter 6.5, Division 20 of California Health and Safety Code related to metal shredding facilities. The number of metal shredding facilities operating in the state will be based on information reasonably available to DTSC.

This emergency regulation requires DTSC publish the annual fee in the California Regulatory Notice Register and accept comments for 15 days. During the notice period, DTSC will consider all comments and prepare a response that identifies the comments, DTSC's findings, and the final fee decision. All of DTSC's responses will be made available upon request.

DTSC intends to publish an annual fee schedule each calendar year to reflect DTSC's newly project annual costs and the current number of metal shredding facilities. DTSC will calculate its actual costs in the beginning of the subsequent calendar year and any surplus or deficit determined based on the previous calendar year's annual projected costs will be added to or subtracted from the next annual projected cost. The discrepancies will be noted in published in the California Regulatory Notice Register with the new annual flat fee.

Government Code section 11346.1(a)(2) requires that every person who has filed a request for notice of DTSC's proposed regulations receive this notification of proposed emergency regulatory action (establishment of an annual fee schedule on metal shredding facilities) at least five working days before the proposed emergency action is filed with the Office of Administrative Law (OAL). Upon filing and posting on OAL's Internet web site, interested persons will have five (5) calendar days to submit comments on the proposed emergency regulations pursuant to Government Code section 11349.6. OAL will have ten (10) calendar days from the date of DTSC's filing to review and make a decision on the proposed emergency rule. If approved, the emergency regulations will become effective upon filling with the Secretary of State.

Documents related to this rulemaking, including this notice, the proposed regulation text, and finding of emergency will be posted on DTSC's website at the following address:

 

EPA Requests Comment on Draft Version of the Updated National Recommended Aquatic Life Water Quality Criteria for Cadmium

 Chronic exposure to cadmium negatively impacts growth, development, behavior, reproduction, and immune and endocrine systems in aquatic life. Mining and urbanization are responsible for approximately 90% of the cadmium found in surface waters. The draft cadmium water quality criteria reflect the best available science, including the results of new laboratory aquatic toxicity tests. The draft criteria underwent an external peer review that was completed in 2015. EPA will accept public comments on the draft criteria for 60 days after publication in the Federal Register. 

Holiday Recycling Tips from Louisiana DEQ

“Tis the season to be jolly,” but Louisiana, like the rest of the nation, produces more waste in December than any other month. 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 gifts can be a challenge since wrapping paper is frequently not recyclable. Be creative! Wrap a gift in a gift—such as a scarf, bandana, dishtowel, or cloth shopping bag. The comic pages from the Sunday paper and most colorful flyers reuse paper and are still recyclable. Last year’s Christmas and holiday cards can be used in crafts and as ornaments.

Out with the old, so you have room for the new! Before the holidays is a perfect time to clean out your clutter and unused items. If you have outgrown toys and clothing, consider donating them to charitable organizations. Discarded electronics (computers, copiers, fax machines, printers, and monitors) may be donated to a local nonprofit agency or the Capital Area Corporate Recycling Council (CACRC). 

When decorating your home, there are ways to consider the environment. An artificial tree doesn’t have to be discarded and a live tree can be replanted. If you purchase a cut tree, remember that it cannot be flocked or have tinsel or decorations on it, if it is to be recycled. Cut trees are usually collected in early January and are ground up into compost or mulch.. LED lights last longer, save energy, and money.

You can recycle packaging materials such as cardboard and plastic foam peanuts. 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. 

 

New York Pension Fund Moves Investments Out of Carbon Intensive Industries

New York State Comptroller Thomas P. DiNapoli announced an investment strategy that will raise the New York Common Retirement Fund’s (Fund) commitment to sustainable investments to $5 billion. The cornerstone of DiNapoli’s plan is the creation of a $2 billion index that will exclude or reduce investments in companies that are large contributors to carbon emissions like the coal mining industry, and increase the Fund’s investments in companies that are lower emitters. DiNapoli announced the new low emission index in Paris, where he is participating in an investors’ panel as part of the United Nations Climate Change Conference.

“Low-carbon, sustainable investments are key to our future,” DiNapoli said. “Our pension fund has long-supported climate aware strategies, and this expansion of our commitment offers a sensible solution that will protect the Fund’s investments. It’s an approach to low carbon investment that we can expand across all asset classes and help spur the kind of innovation and ideas that will assist in the transition to a low carbon economy.”

“As a long-term investor we are very interested in strategies that manage risk, and there is no question that climate change is one of the biggest risks facing global investors across multiple sectors,” said the Fund’s Chief Investment Officer Vicki Fuller. “These are just our latest commitments. By shifting our capital to companies with lower emissions and comparable returns, we are sending the message that our investment dollars will follow businesses with strong environmental practices.”

The low emission index, which was created in partnership with Goldman Sachs Asset Management (GSAM), will be modeled after the Fund’s existing indices, which are passive investments in US companies with returns that match broad market performance. The new index, which will be internally managed by the Fund, will be weighted toward companies with lower emissions that have comparable earnings. It will reduce the Fund’s carbon emissions footprint, without risk to the Fund’s returns on investment. Additional funds can be added to the index as performance warrants.

“This approach combines robust reductions in portfolio emissions with smart risk management. We welcomed the opportunity to extend our strategic partnership with New York state by developing this customized method for reducing their portfolio's carbon emissions in a manner consistent with the risk and return expectations of their US equity portfolio,” said Hugh Lawson, head of ESG and Impact Investing for Goldman Sachs Asset Management.

The low emission index will eliminate or underweight stock ownership in some of the worst greenhouse gas (GHG) emitters based on independent emissions data reported to the CDP (Carbon Disclosure Project). The new commitment will reduce the emissions profile within the index by up to 70%. Money for the index will come from the Fund’s existing index holdings.

“Forward-thinking pension funds like the New York State Common Retirement Fund know that moving capital toward a low-carbon economy protects their beneficiaries’ returns, and is one of the fastest ways to address global warming,” said Lance Pierce, president of CDP North America, whose disclosure data is at the core of the new index. “Companies take note when investors take action, and when money moves, the world moves too. We look forward to seeing the positive changes this will spur in future company actions.”

In addition to the low emission index, DiNapoli is committing an additional $1.5 billion to the Fund’s Sustainable Investment Program, bringing the Fund’s total commitment to sustainable investments to more than $5 billion.

Prior to the commitments, the Fund had already allocated more than $1.5 billion to sustainable strategies across asset classes, from a wind farm in New York state to alternative energy production across the globe.

“Tackling climate change requires a colossal shift in investment capital flows toward clean energy and away from high polluting fossil fuel energy. This announcement helps achieve this shift, but it’s still only the tip of the iceberg of what all institutional investors need to be doing.”

Under DiNapoli’s leadership, the Fund has been recognized as a leader for its active engagement to improve the environmental, social, and governance practices (ESG) of its portfolio companies.The Fund was ranked first in active ownership and sixth overall among the 500 global investors assessed. 

The Fund has worked for more than a decade with other investors to better assess and understand the risks and opportunities related to climate change.DiNapoli subsequently commissioned Mercer, a global think tank and research firm, to create a climate change study tailored to the Fund’s assets, which has helped inform and inspire the Fund’s low carbon strategy.

The Fund also recently worked with GSAM to determine the carbon footprint of its global equities portfolio. The review determined that the Fund’s ongoing efforts—investing in clean technology and funds focused on ESG sustainability—are paying off. The Fund’s global equity portfolio has a 15% lower total emissions profile than its performance benchmark. The new index will further reduce the carbon footprint of the Fund’s overall equity portfolio.

DiNapoli has positioned the Fund in the vanguard of institutional investors who seek out and promote sustainable investing that takes environmental, social, and corporate governance considerations into account as part of their long-term strategy. The Fund is committed to the belief that well-managed businesses, which focus on the long-term health of the company and work to avoid environmental damage or harm to the communities in which they operate, are more likely to produce sound returns. A growing body of academic research confirms this and investment firms that integrate sustainability in their decisions have performed well for the Fund.

 To protect the retirement security of its more than one million members, retirees, and beneficiaries from more than 3,000 state and local government employers, the Fund manages a diversified portfolio of public and private equities, fixed income, real estate, and alternative instruments. It has consistently been ranked as one of the best managed and best funded plans in the nation. The Fund’s fiscal year ends March 31, 2016.

 

General Electric to Pay $2.25 Million for Violating Federal and State Environmental Laws

The General Electric Company (GE) has agreed to pay a $2.25 million civil penalty to resolve a complaint alleging violations of federal and state environmental laws in connection with GE’s use of an incinerator at a manufacturing facility that it once owned and operated in Waterford, New York, announced the Department of Justice, the US Attorney’s Office for the Northern District of New York, the EPA, the New York State Attorney General’s Office, and the New York State Department of Environmental Conservation (DEC). Both the complaint and the settlement agreement were filed recently in US District Court in Albany.

According to allegations in the complaint, GE owned the Waterford facility from 1947 through 2006 and continued to operate it through early 2007. GE manufactured various products at the facility, including sealants made of silicone. The silicone manufacturing process generated hazardous waste. 

 On at least 1,859 occasions during the period of September 2006 until February 2007, GE employees manually overrode the automatic waste feed cut-off system, thereby potentially exposing the public and the environment to harmful hazardous air pollutants, such as carbon monoxide, dioxins, and furans. 

“GE violated the nation’s and New York’s bedrock environmental laws that were put in place to protect the American public and the environment from harmful air pollution and hazardous materials,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This settlement penalizes GE for these violations of law, and represents the combined efforts of the federal government and the state of New York to uphold the law and protect public health.”

“By operating a system to bypass safety controls, GE put the public and the environment in harm’s way,” said First Assistant US Attorney Grant C. Jaquith for the Northern District of New York “This office will continue to pursue vigorously companies that thwart laws designed to protect public health, safety, and our environment.”

“GE overrode a system designed to deal with dangerous air pollutants from a hazardous waste incinerator,” said Regional Administrator Judith A. Enck for EPA. “By overriding the system, GE allowed the hazardous waste to continue to be fed into the incinerator, leading to levels of carbon monoxide that exceeded the permit limits.”

“Violations of New York State’s environmental laws and regulations are serious offenses, which carry serious consequences,” said Acting Commissioner Basil Seggos for DEC. “This fine is the result of the collaborative efforts of state and federal partners working together to accomplish a shared mission to protect our citizens and communities and should send a strong message that New York State has zero tolerance for those who shirk environmental policies and procedures put in place as protections. I commend DEC’s Law Enforcement Officers for their determined vigilance in this investigation. This is a great example of the important work they perform in the course of their sworn duty to protect the citizens of New York and the environment.”

California Announces New Under 2 MOU Signatories, International Effort to Accelerate Zero-Emission Vehicles

As the state's top climate officials prepare to join world leaders at the U.N. Climate Change Conference this week, California announced an effort by 13 North American and European governments to make all new passenger vehicles sold in their jurisdictions zero-emission by 2050. Additionally, it was announced that eight new signatories have joined the Under 2 MOU climate pact.

With more than 190 nations convening in Paris to negotiate a landmark climate agreement, the announcements demonstrate the growing momentum among national and sub-national governments for ambitious goals to reduce climate-disrupting GHG emissions.

“Cleaner vehicles will help California and the world combat the threat of climate change,” said California Secretary for Environmental Protection Matthew Rodriquez. “California is a leader in the growing market for zero-emission vehicles, with half of the ZEVs on US roads. The work we do with other leading states and countries will accelerate growth and provide benefits in California and around the world.”

California is joining with 12 partners in Europe and North America, as members of the International ZEV Alliance, to drive the global transition to zero-emission vehicles (ZEVs). Achieving the 2050 goal will reduce emissions from the transportation sector consistent with what is needed to meet long-term climate targets.

In addition to California, members of the alliance include Germany, the Netherlands, Norway, and the United Kingdom in Europe; Connecticut, Maryland, Massachusetts, New York, Oregon, Rhode Island, and Vermont in the United States; and Qu?bec in Canada.

International ZEV Alliance partners are already leaders in the rapidly growing market for ZEVS, which include battery electric, plug-in hybrid, and fuel cell vehicles. Together the jurisdictions account for about half of zero-emission vehicle sales worldwide.

Large-scale adoption of electric vehicles, in concert with increasing renewable energy sources, is not only essential for limiting climate change impacts, but will also improve air quality and public health, end global dependence on petroleum, and grow the low-carbon economy.

In 2012, Governor Edmund G. Brown Jr. issued an executive order directing state government to help accelerate adoption of zero-emission vehicles in California toward a goal of 1.5 million ZEVs by the year 2025. Since then, the California market has grown significantly, with California now accounting for about 50% of ZEVs nationwide.

California was a founding partner of the International ZEV Alliance in September.

Additionally, California is welcoming eight new signatories to the Under 2 MOU, the global pact among cities, states and countries to limit the increase in global average temperature to below 2 degrees Celsius—the warming threshold at which scientists say there will likely be catastrophic climate disruptions.

To date, 65 jurisdictions from 20 countries and five continents have now signed or endorsed the Under 2 MOU, collectively representing more than $17.9 trillion in GDP and 588 million people. If the signatories represented a single country, it would be the largest economy in the world by GDP, surpassing the United States.

One of the new signatories is Connecticut, which recently announced it had signed the Under 2 MOU, becoming the eighth American state to sign the pact.

“Connecticut has set an aggressive goal for reducing carbon emissions to combat climate change—and is determined to do so in a manner that improves our environment and air quality while increasing our energy security, building our economy, and creating jobs,” said Connecticut Governor Dannel P. Malloy. “We are making strong progress on all fronts and our state has emerged as a national leader on climate action. Signing the Under 2 MOU aligns us with other jurisdictions who share our deep commitment to protecting the future of our planet and safeguarding the well-being of every one who lives here.”

Over the past two weeks, the Under 2 MOU has also been signed by leaders from Pernambuco, a state in northeastern Brazil, and six European regions: the Swiss cantons of Basel-Stadt and Basel-Landschaft; the French region of Alsace and the Department of Bas-Rhin, a region within Alsace; and the Dutch regions of North and South Holland.

Under the agreement, signatories commit to either reduce GHG emissions 80 to 95% below 1990 levels by 2050 or achieve a per capita annual emission target of less than 2 metric tons by 2050. These targets allow each individual government to tailor emission reduction plans to fit regional needs.

 

 

EPA Revokes ReFex Authority to Reclaim Refrigerants

In accordance with 40 CFR 82.164, no person may sell or offer for sale or use as a refrigerant, any class I or class II ozone-depleting substance consisting wholly or in part of used refrigerant unless the substance has been reclaimed by an EPA-certified refrigerant reclaimer. All persons reclaiming used refrigerant for sale to a new owner are required to certify to the EPA Administrator in accordance with 40 CFR 82.164 and to maintain records and submit reports in accordance with 40 CFR 82.166.

In addition, the EPA announced the previous revocation of certification of eight refrigerant reclaimers

If RefEx wishes to request a hearing for the impending revocation of its reclaimer certification, it must request a hearing in writing on or before January 4, 2016. If a written request and supporting data are not received by that date, RefEx's certification to reclaim refrigerants is revoked effective February 1, 2016.

 

The following entities had their certification as refrigerant reclaimers revoked previously, effective as of the dates listed below and on EPA's Web site:

• November 2009: Polar Refrigerant in South Hampton, New Hampshire
• March 19, 2009: Refrigerant Services, Inc., in Imperial Beach, California
• January 10, 2008: Rocky Mountain Reclamation, Inc., in Denver, Colorado; Star Refrigerants in Fort Worth, Texas
• March 9, 2007: Teris, LLC, in El Dorado, Arkansas
• March 13, 2006: Cryo-Line Supplies USA, Inc., in Henderson, Nevada; Refrigerant Recovery, Inc., in Milwaukee, Wisconsin; South Florida Trane Service in Miami, Florida

EPA Suspends Refrigerant Technician School Certification Programs

 Each suspended program will be automatically revoked on February 1, 2016, unless a hearing is requested consistent with 40 CFR 82.169 before that date. Technicians certified by these programs will remain certified, in accordance with 40 CFR 82.161(a).

In accordance with the standards for certifying programs, at appendix D of 40 CFR 82, Subpart F, technician certifying programs must submit an activity report to EPA on a biannual basis (by every January 30 and June 30) that provides certain information about the certification tests submitted. Fifteen programs have repeatedly failed to submit their activity reports.

40 CFR 82.161(e) says that “If at any time an approved program violates any of the above requirements,” which reference the standards in appendix D in 82.161(c), “the Administrator reserves the right to revoke approval in accordance with Section 82.169.”

The 15 programs listed below were sent certified letters explaining that EPA was missing required activity reports and listing which reports were missing. In the letters, the programs were offered the opportunity to come into compliance by submitting missing reports, however EPA received no replies. The programs in the table below have thirty days from the date of publication of this notice to submit their missing reports. Failure to submit these reports so that they are received by January 4, 2016 will result in an automatic suspension of the program's approval to offer the technician certification exam and of its approval to newly issue Section 608 technician certification cards. Automatic program revocation will occur on February 1, 2016, for any certifying organization that fails to provide missing reports, unless the organization receiving this notice of impending suspension and revocation requests a hearing in accordance with the regulations published at 40 CFR 82.169 before that date. The EPA expects to announce the final revocations in a separate Federal Register notice and to accordingly update the list of approved technician certification programs mentioned above.

Some of these organizations also received notice in these letters of impending suspensions and revocations, but because some of these letters were returned to us unopened, EPA provided a second notice in the same Federal Register notice.

Delinquent Technician Certification Programs

Technician Program

Year of Most Recent Activity Program Report

ACI Environmental Safety Training Institute

2009

California Career Center

None