Senators, Governors, business leaders, and international experts met to discuss the prospects for U.S. domestic action on climate change. Many of the participants stressed that action to reduce greenhouse gas emissions should not be delayed by the global economic downturn because it provides an opportunity to lay the foundations for a sustainable recovery based on low-carbon growth. The symposium was convened by Senators Jeff Bingaman (D-NM), John McCain (R-AZ), Olympia Snowe (R-ME), and Debbie Stabenow (D-MI).
During the opening session, the former UK Prime Minister, Tony Blair, argued that the leading economic powers around the world now understand the significant risks of climate change and appreciate that the best way to minimize the dangers is by investing in a low-carbon economy. There was strong agreement about the importance of boosting economic growth and combating climate change at the same time, and participants recognized that low-carbon investments will not only be good for jobs and economic recovery but will also improve the country’s energy security and begin to cut its greenhouse gas emissions.
John Chambers of Cisco, Jeff Immelt of GE, Vinod Khosla of Khosla Ventures, and Jim Rogers of Duke Energy provided perspectives from business. Jim Rogers said “I have long been a supporter of enacting climate legislation because it will take decades to slow, stop and reverse greenhouse gas emissions. However, the 100% auction contained in the President’s budget will unnecessarily punish the 25 states that get the majority of their electricity from coal. That represents nothing more than a tax and a wealth transfer, and it has nothing to do with meeting our environmental challenges. Congress needs to enact climate change legislation, but they also must get it right.”
Nobel Prize winning U.S. economist Professor Joe Stiglitz agreed, stating that “Countries around the world have been waiting for the U.S. to take leadership but they have not been sitting idle. Many countries have set out domestic plans of action on reducing their emissions. It is now the turn of the U.S. to use its power of example to motivate key countries to work together and find a global solution to this global problem.”
Secretary of State Hillary Clinton’s climate envoy, Todd Stern, addressed the group on the discussions he has conducted to date with international policymakers on the importance of global collaboration ahead of the United Nations Climate Change conference in Copenhagen in December.
The climate symposium was organized by three leading Washington think tanks, the Center for Global Development (CGD), the Peterson Institute for International Economics, and the World Resources Institute (WRI), together with the Grantham Research Institute on Climate Change and the Environment at London School of Economics and Political Science (LSE), which is chaired by Lord Nicholas Stern.
Brian Karnofsky Jailed for Muscular Dystrophy
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Environmental Tip of the Week, now is the time to help us give hope to kids and families that need our help.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007 and 2008, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
April 1st is Deadline for Gas Station Upgrades for Vapor Recovery Systems in California
The California Air Resources Board (ARB) is reminding owners of California’s approximate 11,000 gas stations to avoid penalties by making sure their dispensing systems meet state emission standards by April 1. The required improvements on nozzles and vapor processors will eliminate the daily release of up to ten tons of smog-forming compounds from spillage and fugitive emissions.
The requirements will be enforced by personnel from ARB and the 35 air districts throughout the state and will apply to gasoline-dispensing facilities in regions that fail to meet federal ozone standards. Officials expect that some businesses may miss the compliance date and are encouraging them to contact local air district representatives as soon as possible to work on a plan for compliance and avoid closure. If they can show a good faith effort in reaching compliance they may avoid fines. Those who will be fined are those who have shown blatant disregard for the law and may result in substantial penalties ranging from several hundred dollars to forced closure.
California’s ARB manages the emissions from the state’s gasoline distribution system, including storage and transfer operations. ARB has required vapor recovery systems in California for over 30 years. Before the implementation of the current regulations adopted in 2001, vapor controls eliminated 347 tons of hydrocarbon emissions daily. When fully implemented, the enhanced vapor recovery regulations will reduce emissions by an additional 25 tons/day statewide.
ARB experts estimate that the retrofits will cost roughly $11,000 per pump. Statewide about 70% of gas station owners have already obtained needed permits from their local air districts for the required upgrade. Facility operators should contact their local air district for specific requirements before modifying facilities.
California Rule Would Lead to the Production and Distribution of Low-carbon Fuel for Vehicles
The California Air Resources Board (ARB) has released a proposed regulation that would implement Governor Schwarzenegger’s Low Carbon Fuel Standard, a policy to reduce the greenhouse gas emissions from California’s transportation fuels by 10% by 2020 and more thereafter. The March 5 release of the proposed regulation allows 45 days for the public to review the language and provide comment before the item is considered at the April 23 ARB hearing.
The proposed regulation would diversify the variety of fuels and boost the market for alternative-fuel vehicles. It is one of the most important early actions called for under AB 32, California’s pioneering climate change legislation, and will achieve 16 million metric tons of greenhouse gas emission reductions by 2020.
“The real strength of this standard is that it takes a comprehensive ‘cradle to grave’ approach that accounts for greenhouse gas emissions from production, transport and tailpipe emissions,” said ARB Chairman Mary Nichols. “The new standard will promote the development of alternative fuels that can provide economic opportunities, slash greenhouse gas emissions, and reduce criteria pollutants and toxic air contaminants. It will help consumers by injecting competition into the transportation fuel market and set California on a course to benefit from technological innovation, energy diversification and economic development.”
Governor Schwarzenegger issued the LCFS Executive Order in early 2007 directing the state to drive down greenhouse gas emissions from transportation fuels. The transportation sector alone accounts for 40% of the state’s total greenhouse gas emissions. The initiative is designed to increase the use of alternative fuels, replacing 20% of the fuel used by cars in California with clean alternative fuels by 2020, including electricity, biofuels, hydrogen, and other options.
The proposed regulation requires providers, refiners, importers, and blenders to ensure that the fuels they provide for the California market meet an average declining standard of “carbon-intensity.” This is determined by examining the sum of greenhouse gas emissions that are associated with the production, transportation, and consumption of the fuel, also referred to as the “fuel pathway.” Market-based mechanisms will allow fuel suppliers to choose the most cost-effective clean fuels—those with the lowest carbon intensity—giving California consumers the widest variety of fuel options at a reasonable price.
While developing the regulation, ARB staff addressed the issue of how the production of some fuels impact land-related emissions. Certain fuel pathways result in the release of additional greenhouse gas emissions through the conversion of forestlands and other carbon-containing habitats worldwide. ARB staff is using internationally-accepted models to predict how land use change would occur due to increased demand and will include those emissions in the relevant fuel pathways.
To enhance private sector and federal investment into alternative fuel production and distribution, California is providing funding to assist in the early development and deployment of the most promising low-carbon fuels. The Alternative and Renewable Fuel and Vehicle Technology Program (AB118), managed by the California Energy Commission, will provide approximately $120 million dollars per year over seven years to deploy the cleanest fuels and vehicles.
AB 32, signed by Governor Schwarzenegger in 2006, is California’s Global Warming Solutions Act that set in law aggressive greenhouse gas reduction targets (1990 levels by 2020). AB 32 set the goals, but the solution is prescribed in the Scoping Plan which utilizes a mix of a cap-and-trade program, along with complimentary measures. The LCFS is included in the Scoping Plan as one of the solutions for California to meet its AB 32 goals.
Senators Call for EPA Inspections and TVA Reform in Wake of Tennessee Coal Ash Spill
U.S. Senators Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, and Thomas Carper (D-DE), Chairman of the Subcommittee on Clean Air and Nuclear Safety, have introduced a Senate Resolution calling on the EPA to conduct immediate reviews and inspections of all coal ash impoundments in the U.S. and to propose and issue as quickly as possible rules to regulate coal combustion waste under RCRA.
The Resolution (S. Res. 64) also calls on the Tennessee Valley Authority to “meet the intentions of Congress and be ‘a national leader in technological innovation, low-cost power, and environmental stewardship.’”
Senator Boxer said, “The Kingston coal ash spill is an ongoing tragedy that must not be repeated, and we have the laws on the books to act now. Senator Carper and I introduced this resolution to underscore the point that the law already gives EPA the tools it needs protect communities from dangerous coal ash impoundments. EPA has taken the first steps to increase its oversight of TVA’s impoundments and other facilities, and we look forward to a comprehensive proposal to address this serious threat to communities throughout the country.”
Senator Carper, chairman of the Senate Subcommittee on Clean Air and Nuclear Safety, which has oversight jurisdiction over TVA said, “We cannot afford to have another tragedy like the recent TVA ash spill that threatened public health and safety. The time has come for the Environmental Protection Agency to give industry the guidelines it needs to safely store this hazardous waste. I look forward to working with the EPA and our EPW Chairman Boxer to ensure we get the right ash waste regulations in place and soon.”
Senators Inhofe and Barrasso Call for Transparency from EPA
“[We] would appreciate your providing [us] a comprehensive list of all the actions from the Bush Administration, including Regional actions, you or your staff are now reviewing or reconsidering, or reasonably expect to review or reconsider, for any reason. This would be consistent with your pledge of ‘overwhelming transparency’ as one of the fundamental values of your tenure,” Senator Inhofe and Senator Barrasso wrote in the March 4, 2009 letter.
“In any case, please explain the process you will use to notify the Committee about any other reviews or rulemaking you will undertake that fall under the Committee’s jurisdiction. I would also appreciate it if you would provide a full explanation for the statutory, regulatory and scientific basis for each review or reconsideration, and the expected due date for each,” Inhofe and Barrasso added.
EPA Seeks Public Comment on Annual U.S. Greenhouse Gas Inventory
EPA is seeking public comment on the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007 Draft Report. This report will be open for public comment for 30 days after the Federal Register notice is published.
The draft report shows that overall emissions during 2007 increased by 1.4% from the previous year. This trend was due primarily to an increase in carbon dioxide emissions associated with fuel and electricity consumption. The total U.S. greenhouse gas emissions were about 7,125 million metric tons of CO2 equivalent. Overall, emissions have grown by 17.1% from 1990 to 2007.
The inventory tracks annual greenhouse gas emissions from 1990 to 2007 at the national level. The gases covered by this inventory include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” e.g., through the uptake of carbon by forests, vegetation, and soils.
This annual report is prepared by EPA in collaboration with experts from multiple federal agencies. After responding to public comments, the final inventory report will be submitted to the Secretariat of the United Nations Framework Convention on Climate Change (UNFCCC). The report will fulfill the annual requirement of the UNFCCC international treaty, ratified by the United States in 1992, which sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change.
New Streamflow Duration Assessment Tool Available to Help Identify Waters that May be Subject to Permitting
The U.S. Army Corps of Engineers, EPA, and the Oregon Department of State Lands (DSL) has made a new tool available to help identify waters that may be subject to those agencies’ regulatory jurisdiction. The Oregon Streamflow Duration Assessment Method is a scientific tool for quickly analyzing more than 20 environmental factors to distinguish between ephemeral, intermittent, and perennial streams. That data will be used to determine whether a stream may be subject to jurisdiction under Section 404 of the Clean Water Act and the State of Oregon’s Removal-Fill statute.
Conducting work that impacts such streams, such as placing fill in them to prepare a site for future construction, often requires a permit from the Corps’ Regulatory Branch and DSL’s Removal-Fill Permit Division.
The agencies have released the method for use as an interim version. It will be tested for one year before it is finalized, and the agencies encourage practitioners and the public to provide comments on their experience using it.
March 28—Get Out and “Vote Earth”
Earth Hour 2007 caught the world by surprise when 2.2 million homes and businesses in Sydney, Australia, switched off their lights for one hour to draw attention to the role of energy consumption in global climate change. Earth Hour 2008 went global, with 50 million people from around the world dousing the lights in support of the cause. San Francisco’s Golden Gate bridge went dark, as did the Coca-Cola billboard in Times Square, the Colosseum in Rome, and the Opera House in Sydney.
Unlike any election in history, it is not about what country you’re from, but instead, what planet you’re from. “Vote Earth” is a global call to action for every individual, every business, and every community to stand up and take control over the future of our planet.
Results of the “vote” will be presented to world leaders this December at the Global Climate Change Conference in Copenhagen. Polls will be open for one hour, Saturday, March 28 from 8:30-9:30. Mark your calendar and let your voice be heard.
EPA Announces Schools Monitoring Initiative
EPA’s Administrator, Lisa Jackson, has announced a new EPA initiative to further measure levels of toxic air pollution near many schools across the country for better protection. EPA and its state partners will prioritize and monitor schools for more extensive air quality analysis, looking closely at schools located near large industries and in urban areas.
Administrator Jackson has outlined an aggressive timeline for prioritizing and monitoring schools to determine any which are exposed to high levels of toxic air pollution. EPA anticipates monitoring at some schools will begin within the next 30 days. Directed by EPA, the monitoring will be conducted primarily by state and local governments. Some states have already begun monitoring.
Recent media reports have raised critical questions about air quality outside schools near large industrial facilities. At Administrator Jackson’s confirmation hearings, she was asked about this issue by Congress and pledged to take swift action to investigate and remediate if necessary any potential high-risk exposure for our nation’s school children.
EPA Now Accepting Nominations for 2009 Gulf Guardian Awards
EPA’s Gulf of Mexico Program (GMP) partnership developed the Gulf Guardian Awards as a way to recognize and honor the businesses, community groups, individuals, and agencies that are taking positive steps to keep the Gulf healthy, beautiful, and productive. There are many companies, organizations, and individuals in the Gulf States that are “Gulf Guardians.” The GMP partnership believes they should be recognized for their stewardship of this national resource.
The Gulf Guardian Award exemplifies what the Gulf of Mexico Program is all about; innovative solutions that come about when resources are pooled and we look for creative ways to positively impact our quality of life and economic well being. The first Gulf Guardian Award winners were recognized in 2000. Every year since, first, second, and third place awards are given in seven categories: Business, Civic/Non-Profit Organization, Partnerships, Youth/Education, Individual, Government, and Bi-National.
The GMP began in 1988 to protect, restore, and maintain the health and productivity of the Gulf of Mexico ecosystem in economically sustainable ways. The GMP is underwritten by the EPA and is a non-regulatory, inclusive consortium of state and federal government agencies and representatives of the business and agricultural community, fishing industry, scientists, environmentalists, and community leaders from all five Gulf States.
Nominations are due May 15, 2009.
EPA Orders Aspen Power to Stop Construction
EPA has directed Aspen Power, LLC, to cease construction of its proposed power generation unit located in Lufkin, Texas, until a valid permit has been issued by the Texas Commission on Environmental Quality (TCEQ).
The federal Clean Air Act has established a preconstruction review and permitting program applicable to major sources of air pollution in certain areas of the United States, which includes Southeast Texas, and allows these facilities to be constructed only after a valid permit is issued. Aspen Power, LLC, has not received the required permit from the TCEQ to proceed with construction.
An EPA inspection on February 18, 2009, found construction activities, including a concrete foundation for the boiler unit, a concrete foundation for the turbine, and construction of the boiler stack, have already been completed at the proposed Aspen Power Plant.
Based on these findings, EPA has ordered Aspen Power, LLC, to stop construction activities at the Aspen Power Plant until Aspen has obtained the required permit from the TCEQ. Aspen Power, LLC, has also been ordered to submit written certification within ten days that construction of its proposed power plant has ceased.
Bayer CropScience Will Pay More than $1 Million Due to Environmental Violations
EPA has announced that Bayer CropScience will pay a $112,500 penalty and will spend more than $900,000 for environmental projects to settle a wide range of environmental violations at its chemical plant in Institute, West Virginia. The violations stem from a series of EPA inspections in 2001, when the facility was owned by Aventis CropScience USA. The violations are unrelated to the explosion and fire at the facility that occurred in August 2008.
EPA inspectors identified violations of five different environmental laws designed to limit air and water pollution and protect the public from hazardous chemical leaks and spills. These violations included 35 instances between 1999 and 2001 when chemicals discharged through water violated permitted limits. The company also failed to properly monitor water discharges and failed to update equipment in accordance with best management practices.
Other violations included not properly labeling chemical storage containers, not properly disposing of wastewater sludge, not maintaining records associated with the use of oil, and not properly following the plant’s own waste analysis plan. The facility was also cited for not properly notifying the National Response Center as soon as it had knowledge of the release of carbosulfan on February 5, 2001.
Environmental improvement projects under the settlement require Bayer CropScience to donate equipment and funding to the Kanawha Valley Emergency Preparedness Center and three local fire departments to support training and emergency response. The agreement also requires Bayer CropScience to upgrade its wastewater treatment facilities in order to improve monitoring and reduce pollution discharges. As part of the settlement, Bayer CropScience neither admits nor denies the allegations.
Rhode Island Concrete Plant Will Spend More than $130,000 Due to Storm Water and SPCC Violations
A concrete plant in East Providence, Rhode Island will pay a fine of $55,000 and spend an estimated $178,000 to complete three “Supplemental Environmental Projects” to resolve violations of the Clean Water Act.
As a result of Consolidated Concrete’s violations, waste water and storm water containing pollutants from the facility were being discharged into a nearby stream, particularly during wet-weather events. The company also failed to prepare and implement a Spill Prevention, Control, and Countermeasure () plan as required by the Oil Pollution Prevention regulations under the CWA.
After the EPA inspection, the company quickly brought its facility into compliance with the CWA. The company contained its waste water discharges on site, filed for permit coverage under the Rhode Island Permit for Storm Water Discharges Associated with Industrial Activities, and implemented a Professional-Engineer-certified SPCC plan.
In addition to paying a penalty, the Consolidated Concrete Corporation will spend approximately $178,000 to complete three Supplemental Environmental Projects (SEPs). The first two SEPs involve construction and implementation of a closed loop recycling system so that captured waste waters can be re-used in its concrete manufacturing operations. In addition to saving water, the company will periodically empty out the solids from the containment basins and re-use them in its manufacturing process greatly reducing the amount of cement dust or sediment exposed to the environment. The third SEP involves the installation of two Storm Water Quality Control Units to improve the quality of storm water runoff from the facility.
United Oil Will Spend More than $123,000 for SPCC Violations
Franklin United, Inc. (also known as United Oil) has agreed to pay a $32,680 penalty to settle Clean Water Act (CWA) violations. The alleged violations occurred at United Oil’s gasoline and diesel bulk fuel storage, distribution, and card lock retail facility located in Jerome, Idaho.
EPA alleges that United Oil is in violation of the Spill Prevention, Control, and Countermeasures () regulations under the CWA. These regulations require, among other things, the preparation of an SPCC plan to guide the facility on preventing and responding to petroleum spills. During an EPA inspection of the United Oil facility in June 2007, inspectors determined that United Oil had an SPCC Plan, but had not implemented most of it. There were many violations of the regulations, but the most important was that United Oil had inadequate secondary containment around its above-ground tanks and no containment at its loading/off loading rack. The facility is used for storing, distributing, and selling gasoline and diesel products. To date, this is the largest SPCC penalty in Idaho.
As part of the settlement, United Oil has agreed to spend at least $90,600 on implementing a SEP. The project includes the purchase of two trailers equipped with oil spill response equipment that United Oil will donate to emergency response units in Twin Falls and Idaho Falls. United Oil has also installed new remote sensing equipment to monitor for accidental overfills of some of its tanks.
“The SPCC regulations are designed so that control measures are in place before a spill occurs,” said Edward Kowalski, EPA Director, Office of Compliance and Enforcement in Seattle. “We therefore take seriously the need to install containment structures and other preventative measures to help ensure that spills don’t occur, and if they do occur, that they will be contained.”
Idaho Developers Fined More than $64,000 for Violations of Construction Storm Water Permit Requirements
These first time violators settled EPA’s claims by agreeing to come into compliance and paying penalties ranging from about $7,000 to nearly $15,000. The violations were discovered in the summer of 2008 during routine EPA construction site inspections. The Sandpoint inspections were part of EPA’s multi-year outreach and enforcement initiative to improve compliance with the storm water permit.
Under the Clean Water Act, developers and general contractors at construction sites larger than one acre must apply and comply with EPA’s nationwide storm water Construction General Permit. Some operators had failed to apply for permit coverage, which requires that site operators design, install and maintain storm water controls to prevent water pollution. Without these controls, common construction site pollutants such as sediment, oil and grease, and concrete washout can enter nearby waterways. EPA observed violations at all the sites visited, including failure to install and maintain the required erosion and sediment controls.
These cases were settled using the Expedited Settlement Offer policy for the construction sector, which offers quicker settlements and lower fines for first-time violators, and at sites where no environmental harm has yet been observed. Clean Water Act violations that go through a traditional enforcement process can take many months to settle and can result in penalties of up to $37,500 per day, per violation.
Construction and Material Supply, Inc. Fined Over $33,000 for Used Oil Issues
EPA has reached a $33,618 settlement with Construction and Material Supply, Inc. for alleged used oil management violations at its facility in Gualo Rai, Saipan. EPA and Commonwealth of the Northern Mariana Islands (CNMI) Environmental Quality Inspectors discovered the used oil issues during a routine inspection and found that Construction and Material Supply, Inc. generates and stores used oil in connection with its maintenance activities.
The company allegedly failed to:
- Store used oil in proper containers to prevent spills
- Properly mark or label containers of used oil
- Respond to a release of used oil
- Have a certified spill response plan
- Store used oil in compliance with spill prevention rules
The company is a construction supply company engaged in quarry operations, concrete production, and general construction. It also owns a hardware store and provides equipment rental, repair, and maintenance services. Construction and Material Supply, Inc. has since corrected the issues found in the inspection.
EPA’s used oil and used battery rules require facilities to properly store wastes, and label, and manage waste containers. Facilities must also take care to properly train employees to manage waste and to properly manage their used oil, since improperly stored used oil can potentially spill and pose a risk to workers and the environment.
Companies must label all containers and tanks as used oil and the containers and tanks must be in good condition. The tanks and containers should not be allowed to rust, leak, or deteriorate, and any defects must be fixed immediately. Companies should never store used oil in anything other than tanks and storage containers in good condition.
Ohio EPA Fines Railroad Operator for Hazardous Waste Management Violations
The Maumee & Western Railroad Corp. will pay a $12,500 civil penalty to Ohio EPA for hazardous waste management violations at the company’s Defiance and Antwerp facilities. The company operates a short line railroad from Liberty Center to Woodburn, Indiana.
In January 2006, Ohio EPA conducted compliance inspections at the Defiance rail yard and along an area of track between Cleveland Avenue and Main Avenue in Antwerp. Several violations were found at both facilities during this and two follow-up inspections in April 2006 and July 2007.
Violations at the Defiance facility involved failure to evaluate wastes to determine if they were hazardous, illegal disposal of lead acid batteries on-site, failure to mark containers of used oil, and failure to clean up soil contaminated by used oil releases. In at least one instance, the contents of a lead acid battery were spilling onto the ground.
In Antwerp, the company failed to label drums of used oil and failed to evaluate wastes to determine if they were hazardous. This included four 55-gallon drums of waste oil left beside the track near the grain elevators and a drum of waste labeled “flammable liquids.” The wastes in Antwerp were sampled in November 2007 and showed the railroad had established an unpermitted hazardous waste storage facility. The wastes were removed, and because the drums had been closed and there was no sign of leaking, Ohio EPA determined no further action was needed.
For the Defiance facility, the company must submit a used oil management plan to Ohio EPA and evaluate all wastes to determine if they are hazardous. The company will not need a hazardous waste facility permit if it submits a closure plan for the areas where hazardous wastes were stored. The plan, subject to Ohio EPA approval, must include a ground water protection plan.
Landowner Will Restore Alaskan Wetlands and Streams and Pay $10,000 Penalty
Mr. David R. Sweezey has reached a settlement with EPA for alleged violations of the Clean Water Act. Mr. Sweezey illegally filled wetlands and streams on his property located in Anchorage, Alaska. Mr. Sweezey’s property is adjacent to Craig Creek which drains into Cook Inlet.
In July 2003, Mr. Sweezey used heavy equipment to clear, grade, and fill wetlands and streams to create a pond on his property without first obtaining a required Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers. Mr. Sweezey’s actions damaged 300 linear feet of nearby stream channels and 0.5 acres of wetlands on his property.
According to Marcia Combes, EPA Alaska Operations Office Director, because Mr. Sweezey failed to cooperate with EPA to restore the damaged wetlands and streams, EPA had to pursue penalties in this case.
In September 2005, EPA issued a Compliance Order to Mr. Sweezey requiring him to remove the fill and restore the Site. Since 2005, Mr. Sweezey had refused to restore the wetlands and streams. In September 2008, EPA filed a complaint against Mr. Sweezey, seeking penalties for the 2003 violation. Mr. Sweezey and EPA agreed to settle the matter. Under the settlement, Mr. Sweezey has signed an Administrative Order on Consent to remove the fill, restore the Site and signed a Consent Agreement to pay a $10,000 penalty to resolve the complaint. Under the Administrative Order on Consent, Mr. Sweezey has until July 31, 2009, to remove the fill and restore the Site.
Public Transit Agency in California Fined for Air Quality Violations
The Air Resources Board fined a San Joaquin Valley public transit agency $6,500 this month for excessive diesel emissions and record keeping violations.
An ARB investigation showed that Kings County Area Public Transit Agency personnel failed to test, measure, record, and maintain records, and they were cited for excess diesel particulate matter emissions for their fleet. The law requires owners of California-registered truck and bus fleets to regularly inspect their vehicles to ensure that their engine emissions meet state air quality standards.
Victor Valley Transit Fined for Air Quality Violations in California
The California Air Resources Board (ARB) has fined Victor Valley Transit Authority $3,500 for failure to inspect its diesel truck fleet for smoke emissions during 2006. An ARB investigation showed that Victor Valley Transit Authority failed to meet the transit fleet vehicle requirements. In addition, they did not inspect their heavy-duty vehicles. The law requires owners of California-registered truck and bus fleets to regularly inspect their vehicles to ensure that their engine emissions meet state air quality standards.
“California clean-air laws are written to protect our most vulnerable populations, including children and the elderly,” said ARB Chairman Mary Nichols. “Through their actions, public transit agencies that ignore air pollution laws essentially convey that public health is unimportant.”
As part of the settlement, the transit authority is required to:
- Guarantee employees responsible for conducting the inspections attend a training class on diesel emissions compliance testing and provide certificates of completion within one year;
- Provide documentation to ARB that the inspections are being carried out for the next four years;
- Ensure all heavy-duty diesel vehicles have their software updated with the latest Low-NOx (oxides of nitrogen emissions) programming;
- Instruct vehicle operators to comply with the state’s idling regulations;
- Comply with requirements of the fleet rule for transit agencies; and,
- Ensure all diesel trucks are up to federal emissions standards for the vehicle model year and are properly labeled with an emission control label.
Developer Fined for Operating Illegal Sewage System
The New Mexico Environment Department (NMED) issued a notice of violation to the developers of La Mancha Estates Subdivision in Las Cruces for discharging sewage effluent without a state permit. The owner of La Mancha, Philip Philipou, has allowed the operation of septic tank leachfields in the subdivision without a state Ground Water Discharge Permit. The subdivision lies along the Rio Grande flood plain in an area with shallow depth to groundwater.
“The operation of illegal septic systems without approved state permits puts groundwater, the environment and public health at risk,” said NMED Secretary Ron Curry. “The developers failed to obtain required easements to connect sewer lines from the subdivision to the City of Las Cruces’ Wastewater Treatment Plant but chose to allow people to move into homes anyway.”
NMED determined that approximately 15 out of 100 lots at the subdivision were occupied and homes were connected to unpermitted septic tank leachfield systems. Logos Development, the developers of the property, submitted notices of intent to the department in March 2008 for the two systems that may receive over 2,000 gallons per day of sewage. The Ground Water Quality Bureau responded to those notices by requiring the company to submit a Ground Water Discharge Permit application by June 20, 2008. The bureau determined that because of shallow groundwater on the property, the subdivision would require a holding tank system or a treatment unit to reduce the level of nitrogen contamination in sewage prior to discharging to the two leachfields. The department has not received an application from the developer.
The notice requires Logos Development to submit a permit application by April 6 that proposes either a holding tank system or a treatment unit. The company’s other option is to reduce the sewage volumes from the systems to under 2,000 gallons a day and obtain Liquid Waste Permits from the department’s Environmental Health Division. The department recognizes that the best solution to protect groundwater and public health is for the subdivision to be connected to the Las Cruces municipal sewer system.
The owner could face civil penalties of $15,000 a day for each violation of state regulations or $10,000 a day for each violation of the Water Quality Act if he fails to comply.
EPA Investigates Possible Perchloroethylene Contamination in Visalia, California Soil and Groundwater
EPA has installed six groundwater monitoring wells in Visalia, California to test for perchloroethylene (PCE)—a chemical commonly used for dry cleaning and metal degreasing. EPA is working collaboratively with California’s Department of Toxic Substances Control (DTSC) to investigate possible soil and groundwater contamination.
The investigation began after DTSC identified 25 public drinking water supply wells with the cleaning solvent in their water. These PCE impacts are thought to be related to solvent releases from dry cleaning operations in Visalia.
Users of the public water supply are not being exposed to contaminated drinking water. The impacted wells are controlled by the well operators and are monitored by the California Department of Public Health. Since this discovery, measures to protect public health have been taken including closing the wells of concern and enhancing the monitoring of operating wells to ensure that drinking water in Visalia meets state and federal safe drinking water standards.
Through the installation of new monitoring wells at four locations, EPA will obtain and analyze environmental samples and will investigate potential human and environmental exposure to hazardous substances. Sampling is occurring between March 2, 2009 and March 13, 2009.
New Solar-Silicon Production Facility to be Built in Tennessee
The Munich-based chemical group, Wacker Chemie AG (WACKER), has announced plans to construct a new hyperpure polycrystalline silicon facility in Tennessee. The land recently purchased for the new integrated silicon-based manufacturing site is approximately 550 acres near Cleveland, Tennessee.
The purchase price totals almost $20 million and approximately 500 new jobs will be created in the construction process. The size of the site, the availability of reliable power from the Tennessee Valley Authority (TVA), a readily available supply of chlorine from an adjacent OLIN Corporation facility, and excellent transportation infrastructure made this an attractive site location for the new WACKER facility.
WACKER POLYSILICON is currently the world’s second largest producer of hyperpure polycrystalline. WACKER has manufactured polysilicon for the semiconductor industry for over 50 years. To meet rising solar-silicon demand, WACKER POLYSILICON has steadily expanded its capacity and, since 2000, has supplied increasing volumes to the photovoltaics industry as well.
Top 25 U.S. Cities with the Most Energy Star Buildings
“Energy Star buildings typically use 35% less energy and emit 35% less greenhouse gases than average buildings,” said EPA Administrator Lisa P. Jackson. “EPA commends all of these cities and all of the others, as well as countless individuals, who are now using more energy efficient appliances and dwellings. They are saving energy, saving money, and protecting our environment.”
In 2008, more than 3,300 commercial buildings and manufacturing plants earned the Energy Star—EPA’s label for high efficiency—representing savings of more than $1 billion in utility bills and more than 7 million metric tons of carbon dioxide emissions. The total for Energy Star qualifying buildings and plants in America is now more than 6,200 with overall annual utility savings of more than $1.7 billion and the prevention of the greenhouse gas emissions equivalent to those of more than 2 million cars a year.
For more than a decade, EPA has worked with businesses and organizations to reduce greenhouse gas emissions through this voluntary, market-based partnership to reduce greenhouse gas emissions through energy efficiency.
Dallas Plans to Cut Energy and Water Use as Part of EPA Performance Track Program
As part of the “green leadership” program, Dallas plans to cut its total energy use by more than 13% and lower its total water use at its facilities by nearly 50 million gallons.
Specifically, Dallas has committed to do the following over the next three years:
- Reduce total water use at City facilities by more than 49 million gallons, or five percent, by expanding the water recycling program, continuing the leak detection and repair program, and upgrading irrigation systems and landscapes. In addition, Dallas will use an internal outreach program to improve conservation awareness.
- Reduce total non-transportation energy use by 95 million kilowatt hours, or 13%, through energy performance contracting. The City will use future savings from increased energy efficiency and energy conservation measures to finance structural upgrades that, over time, will save energy and money. Dallas also requires all municipal facilities over 10,000 square feet to be constructed to meet Leadership in Energy and Environmental Design (LEED) standards. The LEED program serves as the nationally accepted benchmark for the design, construction and operation of high performance green buildings.
- Reduce total transportation energy use by 10 million kilowatt hours, or 4%, through the use of cleaner fuels and cleaner vehicles, while continuing to grow its fleet of hybrid and alternative fuel vehicles.
- Increase land and habitat conservation by 61 acres, or 10%, through implementation of the City’s Trail Master Plan. The plan calls for 230 miles of multi-use hike and bike trails at full build out. There are currently eight miles of trails in design, with funding for an additional 10 miles of new trails. The City will also continue to acquire land to put aside for park and trail development.
“As a City, we believe in leading by example. So with 800 facilities, we are constantly looking for ways to make our operations greener,” said Mayor Tom Leppert. “We are thrilled the EPA is honoring the City of Dallas for these efforts by accepting us into the Performance Track program.”
Dallas is the first major city to join the Performance Track program. It is also the pilot city for EPA’s Sustainable Skylines Initiative. Sustainable Skylines involves completing several 3-year projects to reduce air emissions. The initiative is also expected to produce benefits to water and land quality. The success of the Dallas pilot is now serving as a national model for other cities.
In addition to Sustainable Skylines, Dallas took the No. 1 spot on EPA’s Top 10 List of municipal green power purchasers in January 2008. Green power purchases help reduce the environmental impacts of electricity use and support the development of new renewable generation capacity nationwide. Dallas is purchasing 40% of its power—nearly 334 million kilowatt-hours—from renewable sources, primarily wind.
The Performance Track program recognizes and drives environmental excellence by encouraging facilities with strong environmental records to go above and beyond legal requirements. To earn membership, applicants must demonstrate and commit to maintaining a strong record of environmental compliance, set three-year goals for continuous improvements in environmental performance, have internal systems in place to manage environmental impacts, engage in community outreach and consistently report results.
Since the launch of the program, Performance Track membership has grown to 548 members in 49 states and Puerto Rico, and members have set more than 4,000 goals to benefit the environment. As a result, members have reported greenhouse gas reductions of 310,000 metric tons of carbon dioxide equivalent, reductions in nitrogen oxides of 13,000 tons, and reductions of hazardous waste of 52,000 tons.
Restrictions on Mountaintop Mining Proposed
A record number of members of Congress reintroduced the Clean Water Protection Act Wednesday, signaling momentum to stop mountaintop removal mining and other industrial waste dumping that destroys streams, lakes, and rivers. The bill would amend the Clean Water Act and reinstate a prohibition that prevents mining companies and other industries from dumping mass amounts of solid industrial wastes into waterways.
The Clean Water Protection Act would overturn a 2002 Bush administration rule change that allowed coal mining companies to create valley fills while burying thousands of miles of streams in the practice of mountaintop removal mining. The rule change also allows other industries to dump waste in waters under the guise of renaming the waste material as "fill."
But this is not just about mountaintop removal mining. The U.S. Supreme Court recently heard oral arguments in a case involving an Alaskan gold mine that was issued a permit to dump contaminated mine tailings into a lake in the Tongass National Forest because the government called the waste "fill." The Ninth Circuit Court of Appeals ruled that the Bush administration's change to the definition of "fill" material to permit waste disposal could not be applied to the discharges in question involving the gold mine, and the Supreme Court is reviewing that decision.
Today's bill introduction represents a bipartisan effort to bring back the law as it existed previously, led by Representatives Frank Pallone (D-NJ), Dave Reichert (R-WA), and John Yarmuth (D-KY), with 114 other members of Congress co-sponsoring the bill.
"We are elated that more than 100 members of Congress have signaled a strong commitment to restoring clean water protections to thousands of miles of Appalachian streams, rivers, and lakes," said Jessica Ennis, legislative assistant for Earthjustice. "This bill adds momentum to the effort to end the destructive practice of mountaintop removal. Almost twice as many members are original co-sponsors of the Protection Act this year compared to the 110th Congress. We believe this shows that stopping the destruction of the nation's streams, rivers, and lakes is a growing priority on the Hill."
Mountaintop removal mining is a form of strip mining in which coal companies use explosives to blast as much as 800 to 1,000 feet off the tops of mountains to reach the coal seams that lie underneath. The resulting millions of tons of waste rock, dirt, and vegetation are then dumped into surrounding valleys, permanently burying thousands of miles of streams under piles of rubble hundreds of feet deep.
"We applaud Representatives Pallone, Reichert, and Yarmuth for their leadership to return longstanding Clean Water Act protections to the nation's waters and thank all of the members of Congress who are original co-sponsors of the bill," said Lauren Trevisan, Sierra Club coal campaign advocate.
"If the 'fill' rule is not overturned and the prohibition against dumping solid wastes into waters restored, streams, rivers, lakes and other waters across the country could be permanently destroyed, contrary to the original purpose of the Clean Water Act," Ms. Ennis added.
Maine’s DEP Commissioner to Testify on Preemption for California Motor Vehicle Pollution Control Standards
Maine Department of Environmental Protection (DEP) Commissioner David Littell will speak on behalf of the Northeast States for Coordinated Air Use Management (NESCAUM) in support of California’s 2005 request for a waiver of federal preemption for its greenhouse gas regulations for vehicles. Commissioner Littell will note that cost effective technologies exist today to reduce motor vehicle greenhouse gas emissions to achieve reductions of up to 55% and will urge EPA to quickly grant California its waiver so that 14 states including Maine can mitigate the risks posed by climate change.
Maine is one of 13 states that exercised its option under the Clean Air Act’s Section 177 to adopt California’s motor vehicle greenhouse gas emission standards. The California program is crucial to enable state and regional efforts to reduce the impact of climate change.
New York DEC Invites Public Comments on Hounsfield Wind Farm
The New York State Department of Environmental Conservation (DEC) has released a draft assessment of the possible impacts of the Hounsfield Wind Farm project proposed for Galloo Island in eastern Lake Ontario. The Draft Environmental Impact Statement (DEIS) includes detailed assessments of a number of potential impacts including water resources, wildlife habitat, agricultural resources, public safety, and visual resources.
The project, proposed by Upstate New York Power Corp. of West Seneca, New York, would consist of 84 wind turbine generators to produce 252 megawatts or less of electricity, located on Galloo Island approximately 12 miles west of Sackets Harbor.
An environmental impact statement (EIS) systematically considers the full range of potential environmental impacts along with other aspects of project planning and design, including social and economic considerations. An EIS must assess potential impacts, evaluate alternatives, and discuss mitigation measures.
In addition, DEC has scheduled two public meetings about the project on May 18 in Sackets Harbor.
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Trivia Question of the Week
Can pizza boxes that have been soiled by cheese or grease be recycled?
a. Yes, an increasing number of restaurants are taking them back for reuse
b. Yes, the box is readily re-pulped and recycled to make corrugated paper
c. Yes, the paper fiber is used to produce fiber enriched cereal, yogurt, and other food products
d. No, pizza oils are difficult to remove during the pulping process