State-by-State Status of Greenhouse Gas Permitting Rules

February 14, 2011

 As of the onset of the GHG permitting program, sources are able to get construction permits in nearly every state, either from the state or local permitting authority or from EPA under a federal program. Most states have also revised their rules to exempt small sources in line with the GHG Tailoring Rule. The webpage will be updated as new information becomes available.

Register Today for: IATA Update – What’s New for 2011?

Each year, the International Air Transportation Association (IATA) updates and revises the regulations for the transportation of dangerous goods (hazardous materials) by air. If you offer dangerous goods for transportation by air, you must follow the new regulations by January 1. A large number of significant changes are being implemented in the 2011 IATA Dangerous Goods Regulations (DGR).

 

At this live webcast, you will learn:

  • Changes in the regulations for consumer commodities– new marking and shipping paper entries
  • New test authorized to determine classification and packing group of corrosives
  • Changes in the classification criteria for magnetized materials
  • Revisions to the classification of environmentally hazardous substances, marine pollutants, and aquatic pollutants
  • Phase in of new packing instructions for Class 3 flammable liquids, Class 4 flammable solids, Class 5 oxidizers/organic peroxides, Class 8 corrosives, Class 9 miscellaneous, and Division 6
  • New entries on the IATA List of Dangerous Goods and new special provisions
  • New marking requirements for net quantities, limited quantities, environmentally hazardous substances, and orientation arrows

 

Nashville, Tennessee RCRA and DOT Training

 

Advertising Opportunities Available

Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™. 

New ISO Environmental Management System for Small and Medium Size Enterprises

The International Standards Organization (ISO) has just published a new standard in order to help organizations, in particular small- and medium-sized enterprises (SMEs), use a phased approach to implement an environmental management system (EMS).

Organizations are increasingly incorporating environmental management requirements in their activities. However, even if they clearly see the benefits they can derive, implementing an EMS is not always an easy task, especially for SMEs.

The job will now be made easier by ISO 14005:2010, Environmental management systems – Guidelines for the phased implementation of an environmental management system, including the use of environmental performance evaluation.

The purpose of this standard is to provide guidance for organizations on the phased development, implementation, maintenance, and improvement of an environmental management system in order to meet the requirements of ISO 14001, which provides the requirements for an EMS. ISO 14005 also includes advice on the integration and use of environmental performance evaluation techniques.

This International Standard is applicable to any organization, regardless of its level of development, its activities, or its location.

A phased approach offers several advantages:

  • Users can readily evaluate how the time and money put into an EMS provides a return
  • They can see how environmental improvements help to reduce costs, improve their community relations, assist them in demonstrating compliance with legal and other requirements, and help them live up to customer expectations
  • They can track the benefits of their EMS while they implement their system step by step, adding or expanding elements as they provide value to the organization
  • They can focus on the issues that are critical for them, their customers, or supply chain.

The model outlined in the standard has been developed to help an organization to implement an EMS in a flexible way focusing on the organization’s needs, while growing the extent and scope of the system, through time, in line with the objectives of the organization and the resources available.

Dr. Anne-Marie Warris, Chair of the ISO subcommittee responsible for ISO 14005, comments, “The working group members that developed the standard are to be congratulated for their hard work in producing guidance related to this important area. During the project, a number of developing countries indicated the importance of this work for their communities.”

An EMS meeting the requirements of ISO 14001:2004 is a management tool enabling an organization of any size or type to:

  • Identify and control the environmental impact of its activities, products, or services;
  • Continually improve its environmental performance;
  • Implement a systematic approach to setting environmental objectives, to achieving these, and to demonstrating that they have been achieved; and
  • Ensure legal compliance.

Although accredited certification of conformity to ISO 14001 is not a requirement of ISO 14005 or of ISO 14001, many organizations choose to seek accredited certification as an independent confirmation that their EMS meets the requirements of ISO 14001. The ISO Survey of Certifications 2009 revealed that up to the end of December 2009, at least 223,149 ISO 14001:2004 accredited certificates had been issued in 159 countries and economies.

ISO 14005:2010 was developed by ISO technical committee ISO/TC 207, Environmental management, subcommittee SC 1, Environmental management systems, and is available from ISO national member institutes. 

EPA Removes Confidentiality Claims on Studies of Chemicals Submitted under TSCA

 The action comes as part of Administrator Lisa P. Jackson’s continued efforts to increase public access to chemical information to help Americans understand risks posed by chemicals in our environment.

Last year, EPA put in place a plan to review confidentiality claims for the name of chemicals addressed in health and safety studies. Under these new procedures EPA is moving to declassify many chemical identities so they are no longer secret. More chemical names connected with health and safety studies will be released in the future. The agency plans to deny confidentiality claims for chemical identity in health and safety studies provided to the agency under TSCA unless the chemical identity contains process or mixture information that is expressly protected by the law.

“The public deserves access to critical health and safety information on chemicals, but if the name of the chemical is kept secret in the health and safety report, the information is of no real value to people,” said Steve Owens, EPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention. “We are committed to increasing the American people’s access to this important information.”

Under TSCA, companies may claim that information they submit to EPA should be treated as confidential business information (CBI) and not be disclosed to the public. Companies that manufacture, process, or distribute chemicals are required to immediately provide notice to EPA if they learn that a chemical presents a substantial risk of injury to health or the environment. The reports are made available on EPA’s website, but when the identity of the chemical has been claimed confidential by a company, the name of the chemical has been removed from the copy of the report that is made public.

EPA has begun reviewing past CBI claims for chemical identity in health and safety studies. Where EPA determines that the information is not eligible for confidential treatment under the law, the agency will notify companies of the determination and that EPA will make the information public on the 31st day after receiving the determination unless the company challenges the disclosure in federal court.

Greener Process for Key Ingredient for Everything from Paint to Diapers

Scientists are reporting discovery of an environmentally friendly way to make a key industrial material—used in products ranging from paints to diapers—from a renewable raw material without touching the traditional pricey and increasingly scarce petroleum-based starting material. 

Weijie Ji, Chak-Tong Au, and colleagues note that acrylic acid is essential for making paints, adhesives, textiles, leather treatments, and hundreds of other products. Global demand for the colorless liquid totals about 4 million tons annually. Acrylic acid is typically made from propylene obtained from petroleum. With prices rising, manufacturers have been seeking alternative ways of making acrylic acid without buying propylene. One possibility involves making it from lactic acid, however, current processes for using lactic acid are inefficient, less selective, and require higher temperatures and the accompanying high inputs of energy.

The scientists’ potential solution is a new catalyst that can convert lactic acid into acrylic acid more efficiently. Lactic acid is a classic renewable starting material, produced by bacteria growing in vats of biomass such as glucose and starch from plants. In laboratory studies, the scientists showed that the new catalyst can convert lactic acid to acrylic acid more selectively at lower temperatures. The scientists suggest this could mean better use of lactic acid, lower fuel consumption, and less impact on the environment.

BASF introduces Eco-Label Manager

BASF announced the launch of its SELECT™ (Sustainability, Eco-Labeling and Environmental Certification Tracking) Eco-Label Manager, a database created to strategically manage the abundance of eco-labels, environmental claims, directories, and ratings systems by allowing the user to search, analyze, and compare these programs in a structured and consistent format.

“The demand for environmentally preferable products is rapidly evolving and influencing purchasing decisions along entire supply chains,” said Pat Meyer, Senior Product Steward and program leader at BASF. “These purchasing requirements have spawned hundreds of eco-labels and programs from the federal government, large retailers, trade associations, and third-party organizations, leading to a lot of confusion.”

As a result, many businesses are spending considerable time and resources trying to understand and manage these classifications. “The BASF SELECT Eco-Label Manager tool is designed to simplify and streamline these efforts,” said Meyer.

Currently, the tool includes 100 programs for review, primarily associated with North America, but is continuing to add programs from all regions globally. Examples include Built Green™ Canada, a residential construction checklist and energy rating system; USGBC LEED® programs, and the Green Guides, a set of guidelines established by the Federal Trade Commission to help manufacturers make clear and substantiated marketing claims.

Currently, the tool is available to all BASF employees and preferred BASF customers and stakeholders. 

Air Pollutants from Fireplaces and Wood-burning Stoves Raise Health Concerns

With millions of people warding off winter’s chill with blazing fireplaces and wood-burning stoves, scientists are raising red flags about the potential health effects of the smoke released from burning wood.

Steffen Loft, Ph.D., and colleagues cite the abundant scientific evidence linking inhalation of fine particles of air pollution—so-called “particulate matter”—from motor vehicle exhaust, coal-fired electric power plants, and certain other sources with heart disease, asthma, bronchitis, and other health problems. However, relatively little information of that kind exists about the effects of wood smoke particulate matter (WSPM), even though millions of people around the world use wood for home heating and cooking and routinely inhale WSPM.

The scientists analyzed and compared particulate matter in air from the center of a village in Denmark where most residents used wood stoves to a neighboring rural area with few wood stoves, as well as to pure WSPM collected from a wood stove. Airborne particles in the village and pure WSPM tended to be of the most potentially hazardous size—small enough to be inhaled into the deepest parts of the lungs. WSPM contained higher levels of polycyclic aromatic hydrocarbons (PAHs), which include “probable” human carcinogens. When tested on cultures of human cells, WSPM also caused more damage to the genetic material, DNA; more inflammation; and had greater activity in turning on genes in ways linked to disease.

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

EPA is required to evaluate the risk remaining at facilities 8 years after they are required to comply with Maximum Achievable Control Technology (MACT) air-toxic emission standards according to Section 112 (f)(2) of the Clean Air Act (CAA). EPA is also required to review and revise the MACT standards if needed every 8 years with regard to practices, processes, and control technologies according to Section 112(d)(6) of the CAA.

. The Agency’s efforts will focus on gathering comprehensive information on petroleum refineries that will allow us to complete these reviews. Additionally, EPA is also in the process of addressing issues related to the reconsideration of Petroleum Refinery New Source Performance Standards (NSPS). EPA intends to use information obtained through the comprehensive information collection process to address NSPS reconsideration issues.

Former Detroit Lead Inspector Sentenced for Fraud

Former city of Detroit Health Department lead inspector Donald Patterson was sentenced to three years and 10 months in prison and 24 months of supervised release on wire fraud charges stemming from an EPA investigation. In July 2010, Patterson pleaded guilty and admitted he accepted cash to provide a clean bill of health to homes in which he had either done no inspection or provided fraudulent lead removal training.Children six years old and under are most at risk.

“In this case, the local government inspector failed to do his job by submitting false reports for personal gain. Today’s sentencing shows that those who knowingly put the public at risk, particularly our most vulnerable citizens, our children, will be prosecuted to the fullest extent of the law.”

Patterson, 50, was employed by the city of Detroit as a lead paint inspector. His job was to ensure that all paint-based lead hazards were safely removed from the homes he inspected. Instead, Patterson used his position to obtain cash from the owners or renters of these homes in exchange for falsely certifying that the homes were free of lead or for providing fraudulent lead removal training. Patterson admitted that between October 2008 and August 2009 he had accepted cash totaling $1,350 in connection with fraudulent abatement of lead hazards to which children were being exposed at four separate properties.

The Patterson case was investigated by EPA and the FBI, with assistance from the city of Detroit and the state of Michigan.

Sav-On Plating of Arizona, Inc. to Pay $60,000 Penalty to Resolve Hazardous Waste Violations in ADEQ Plating Initiative

The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office announced that Sav-On Plating of Arizona, Inc., will pay a $60,000 penalty as part of a consent judgment entered in Maricopa County Superior Court for hazardous waste violations at its South Phoenix plating facility.

The company, located at 17 W. Watkins Road, was cited for a total of 11 violations following an ADEQ inspection in February 2009. During that inspection, liquid containing chromium was observed seeping from a corroded tank and pooling on the floor.

The violations against Sav-On Plating included disposal of hazardous waste without a permit, having an open container of hazardous waste, failure to have a contingency plan, improper storage of universal waste lamps, and failure to adequately mark universal waste.

The settlement with Sav-On Plating marks the eleventh electroplating facility in Arizona brought into compliance with hazardous-waste rules under ADEQ’s “Plating Initiative.”

ADEQ launched the Plating Initiative in 2008 after facility inspections beginning in 2004 determined that many facilities were not in compliance with the Arizona Hazardous Waste Act, which regulates hazardous waste in the state.

“Their unlawful management of hazardous waste put employees and the community at risk but the company has stepped up and improved the way it does business,” ADEQ Acting Director Henry Darwin said.

“Any company handling hazardous waste needs to rigorously comply with state standards to protect the health of our citizens and our environment,” Attorney General Tom Horne said. The consent judgment is subject to court approval.

CARB Cautions Car Companies about Auto Alliance Statements

 

Nichols expressed concern that misrepresentation of ongoing negotiations jeopardizes progress with the federal agencies to develop and implement vehicle emission standards that reduce GHG emissions in California and nationwide while saving consumers money at the pump.

Nichols also corrected several long-debunked claims made by the Alliance, and ended the letter by requesting that the CEOs take action to prevent the constructive relationship between the regulators and the companies from being undermined.

200,000 Waste Tires for Paving Project

 

“Huntington Beach is pleased to work with the City of Fountain Valley to keep its streets in good repair using a material that has so many other benefits to the community,” said Travis Hopkins, the Director of Public Works for the City of Huntington Beach.

Rubberized asphalt concrete (RAC) is a paving material composed of ground tire rubber, asphalt, and other aggregates. RAC is more durable, up to 85% quieter than traditional asphalt roads, and uses thousands of waste tires per paved mile. It is also safer with better skid resistance in wet weather, and excellent color contrast that lasts, making it easier to see lines and turn lanes at night or during bad weather.

The joint repair project on Garfield Avenue stretches from Newland to Magnolia Streets, and borders the two cities. Failed road sections will be removed; the old pavement will be ground and replaced, then covered with an overlay of RAC. The project includes limited replacement of concrete curb, gutter, and sidewalk. Access ramps will be installed where needed.

This project will use more than 3,000 waste tires that would otherwise end up in the dump. In the past 6 years, Huntington Beach has diverted more than 200,000 waste tires by using RAC for street repair.

The total project cost is estimated to be $900,000. Under a cooperative agreement, the City of Fountain Valley will reimburse Huntington Beach an estimated $80,000. More than $600,000 of the Project’s funding will come from the Federal American Recovery and Reinvestment Act of 2009 (ARRA) for highway infrastructure investment. The remainder will come from the Huntington Beach Gas Tax Arterial Rehabilitation Account and CalRecycle RAC funds. The city received its $250,000 CalRecycle RAC Grant for seven separate rubberized pavement projects.

Following a competitive bid process, the Huntington Beach City Council awarded the construction contract to Bannaoun Engineers Constructors Corp., of Chatsworth. Construction is scheduled to begin February 14, 2011.

Washington Agencies Submit Climate Action Reports to Governor and Legislature

 

 Many of the strategies the state has adopted were recommended by the Governor’s Climate Advisory Team in its 2008 report entitled “Leading the Way on Climate Change: The Challenge of Our Time.”

 This document summarizes emissions for 2005, 2008, and 2009 as reported by 120 state agencies. It includes emissions and reduction actions from administrative, judicial, elected offices, commissions, boards, universities, and community colleges.

The Interim Plan itemizes tasks that Ecology and the state Department of Transportation have completed as required in Gov.  Several more tasks are on track to be finished in 2011.

Although the state has adopted a number of policies that have and will continue to reduce GHG emissions, it is unlikely to achieve the GHG reduction targets adopted by the Legislature in 2008.

The 2008 law calls for Washington to reduce climate-altering GHGs emissions according to this timeline:

  • Return to 1990 emission levels by 2020.
  • Bring emissions to 25% below 1990 levels by 2035.
  • Bring emissions to 50% below 1990 levels by 2050.

Ecology also has updated the state’s multi-sector GHG emissions inventory as required by state law (RCW 70.235.020), incorporating data from 2006-08. According to the inventory, total GHG emissions in Washington for 2008 were 101.1 million metric tons carbon dioxide equivalent (CO2e)—9% more than 1990 emissions.

Ecology now projects that the policies already being implemented in Washington will limit emissions growth to 3% between now and 2020. However, the state isn’t on track to meet its statutory reduction limit for 2020 or beyond.

Washington’s Legislature and Congress haven’t adopted an economy-wide price on carbon, which experts consider to be the centerpiece of a comprehensive strategy for reducing emissions that contribute to climate change in the Pacific Northwest and around the globe.

In releasing the pair of climate action reports, Ecology Director Ted Sturdevant said, “Washington state agencies have taken significant actions to reduce their own energy use and carbon emissions; to work with businesses and others on carbon reductions; to develop a program for reporting greenhouse gas emissions; and to implement the federal program to regulate greenhouse gas emissions under the federal Clean Air Act.” “However, the actions that nations and states are taking now aren’t enough to forestall the impacts of climate change. So we in Washington are building a plan to help prepare our coastal communities and vital infrastructure, ensure water supply in water-short areas, and provide emergency relief for people in prolonged heat waves. It will take all of us working together to be ready for the changes that already are affecting our state.”

Washington is already feeling the impacts from increased concentrations of GHGs already in the atmosphere. As the concentration of GHGs grows, so will the impacts on our forests, agriculture, snowpack, rivers, coastal waterways, and other natural resources.

More than a third of Washington’s economy is directly supported by natural resources activities, which are vulnerable to the effects of a changing climate.

In addition, much of the state’s infrastructure is located in places vulnerable to sea level rise—for example, sewage treatment plants, docks and harbors, and roads and bridges. Future state budgets could be impacted by repair and replacement costs.

Ecology continues to work with six other Western states and four Canadian provinces in the Western Climate Initiative to develop a portfolio of climate actions and to advance the transition to a low-carbon economy. Next year, Ecology, working with other state agencies, will present the Legislature with a comprehensive plan for how the state should respond to the changing climate.

REC Silicon Fined for Violating Air Permit Limits for Nitrogen Oxide

The Renewable Energy Corporation (REC) Solar Grade Silicon plant near Moses Lake has received a fine of $10,000 for not meeting emission limits spelled out in the facility’s Washington Department of Ecology (Ecology) air quality permit.

REC’s facility near Moses Lake produces silane gas and polycrystalline silicon, which is used by the solar power industry.

On June 16, 2010, REC tested the emissions coming from one piece of air pollution control equipment called an “acid etch scrubber.” This test was its first since the scrubber began operating in 1984.

Ecology received the test results on August 19, 2010, that showed REC had been emitting more nitrogen oxides than allowed, violating its air quality permit.

According to Ecology air quality specialist Dave Wendland, the equipment had not been maintained properly. REC reported that workers found that materials and liquids passing through the scrubber had developed into a solid, rendering the equipment ineffective.

“It’s extremely important to control pollutants from industrial sites as well as cars and trucks,” said Karen Wood, who manages Ecology’s Air Quality Program in Spokane. “Nitrogen oxides can damage people’s health if they are exposed long enough. REC will need to improve its maintenance procedures to make sure this doesn’t happen again.”

Nitrogen oxides react with ammonia, moisture, and other compounds to form small particles. When people breathe in these small particles, they travel deeply into sensitive parts of the lungs and can cause or worsen respiratory diseases, such as emphysema and bronchitis. They also can aggravate existing heart disease.

Children, older people, and people with lung problems are particularly vulnerable to smog. It causes a reduction in lung function and increased respiratory symptoms as well as respiratory-related hospital emergency visits. Nitrogen oxides also contribute to producing acid rain and ground-level ozone, or smog.

The company can appeal the penalty to the state’s Pollution Control Hearings Board within 30 days.

Tire and Auto Service Company Fined $50,000 for Environmental Violations at its Eight Facilities

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $50,000 penalty to Holyoke Tire and Auto Service, Inc., a western Massachusetts automobile and truck tire servicing company, for hazardous waste storage, disposal, and transport violations at the company’s eight locations.

Holyoke Tire’s principal office is located in West Springfield, Massachusetts, and following a determination that violations existed at the company’s principal facility, MassDEP inspected the other seven facilities owned and operated by Holyoke Tire. Violations were found at those facilities as well.

MassDEP inspected the following facilities: Commercial Truck Tire Center, Union Street Extension, West Springfield; West Side Tire and Auto Service, Memorial Avenue, West Springfield; Holyoke Tire and Auto Service, Inc., Dwight Street, Holyoke; Eastfield Tire and Service, Boston Road, Springfield; Commercial Truck Tire Center, Cambridge Street, Worcester; Webster Square Tire and Auto, Park Avenue, Worcester; Westover Bandag, Sheridan Street, Chicopee; and Wilbraham Tire and Auto Service, Inc., Boston Road, Wilbraham.

Various hazardous waste violations were identified at the company’s facilities, including the failure to be properly registered or licensed as generators and transporters of hazardous waste and waste oil. The facilities were also cited for failure to properly keep and maintain records of, manage, contain, label, inspect, and store hazardous waste and waste oil. In addition, employees were not properly trained regarding the handling of hazardous waste and waste oil or with emergency procedures. The facilities also failed to notify local agencies of their waste generator status and to arrange for potential emergency response services.

As part of a settlement agreement with MassDEP, the company must correct the environmental violations, pay a penalty of $30,000, and institute an Environmental Management System for all of its facilities in order to maintain compliance in the future. MassDEP has agreed to suspend $20,000 of the penalty pending the company’s compliance with the terms and conditions of the agreement.

“Consistent compliance can often be more challenging for companies that have multiple facilities,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “The implementation of an Environmental Management System that is designed based on the specific needs and complexity of a company and its operations can be a great asset in that effort.”

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.

Fired Kansas Health and Environment Official Speaks for First Time

Rod Bremby, the former head of the Kansas Department of Health and Environment, spoke out on February 10 for the first time about his removal from KDHE and the controversial proposed Sunflower coal plant at a public event at Kansas City Kansas Community College.

In October 2007, KDHE Secretary Bremby became the first public official to block a coal plant proposal due to global warming and public health concerns when he denied the air permit for the Sunflower coal-fired power plant expansion near Holcomb, Kansas.

At the event, Bremby discussed the “staggering” amount of lobbying dollars spent to force approval of the Sunflower coal plant, confirmed that he was, in fact, unwillfully removed from KDHE, and that the Sunflower permitting process was not proper. “The [Sunflower permitting] process was not a benign, pristine, routine bureaucratic process. Unfortunately, there were abuses,” Bremby said.

During the recent permitting process, the Associated Press reported on a leaked email sent by a Sunflower employee to legislators and executive officials that accused Bremby of delaying the permit and requested help in swaying KDHE to limit public participation and to expedite the process.

Rather than delaying things, then Sec. Bremby was attempting to ensure the public had a fair chance to comment on the permit, but he was removed from KDHE on Election Day, and the permit was issued soon after his removal and before federal GHG regulations went into effect.

Bremby declined to dish out any criticisms at his talk, although, he did take the opportunity to respond to misinformation involving the proposed Sunflower coal plant, such as claims it would be the “cleanest coal plant in the country,” that natural gas from foreign countries would need to be imported as a result of the initial permit denial, and that transmission lines needed for wind wouldn’t get built unless the coal plant was built.

None of these claims are even remotely true. Bremby encouraged the audience to investigate claims before accepting them as factual. In addition, he took the time to educate the crowd on global warming, sustainability, and opportunities for Kansas to harness its clean energy resources.

Cement Manufacturer to Pay $1.4 Million and Install Emission Controls to Resolve Clean Air Act Violations at Ohio Plant

CEMEX Inc., one of the largest producers of Portland cement in the United States, will spend an estimated $2 million on pollution controls that will reduce harmful emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2), pollutants that can lead to childhood asthma, acid rain, smog, and impaired visibility in national parks.

“Through this action, the United States and Ohio will secure reductions of harmful emissions by requiring that CEMEX adopt state of the art technology and take immediate steps to control pollutants,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “As in the case of other Portland cement plants that have agreed to come into compliance with the Clean Air Act, the CEMEX plant has been a major source of air pollution, and this settlement will result in a healthier environment for residents of Fairborn, Ohio, and the surrounding region.”

“Emissions of harmful pollutants like sulfur dioxide and nitrogen oxides can lead to a number of serious health and environmental problems, including premature death and heart disease,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will help keep harmful air pollution out of Ohio communities, protect children with asthma and prevent region-wide public health problems.”

The settlement, which is subject to court approval, addresses CEMEX modifications to its cement plant which were made without obtaining a permit as required by the Clean Air Act. Major sources of air pollution are required to obtain such permits before making changes that would result in a significant emissions increase of any pollutant. This settlement ensures that the proper equipment will be installed to reduce future emission levels.

CEMEX will install state of the art emission control technologies that will reduce annual emissions of NOx by approximately 2,300 tons and SO2 by approximately 288 tons. Air pollution from cement plants can travel significant distances downwind, crossing state lines and creating region-wide health problems. These effects can have greater impacts on communities disproportionately exposed to environmental risks and to vulnerable populations, including children.

Reducing air pollution from the largest sources of emissions, including cement facilities, is one of EPA’s National Enforcement Initiatives for 2011-2013. The initiative continues EPA’s focus on improving compliance with the new source review provisions of the Clean Air Act among industries that have the potential to cause significant amounts of air pollution. In Fiscal Year 2010, EPA’s enforcement actions in the cement manufacturing, coal-fired power plant, glass and acid sectors led to the reduction or treatment of approximately 370 million pounds of pollution, $1.4 billion in estimated pollution controls, and $14 million in civil penalties.

CEMEX, a global building materials company provides cement and concrete products to construction projects in every sector: industrial, commercial, residential and municipal, with more than 100 aggregate quarries and hundreds of ready-mix concrete plants in the United States. CEMEX is one of the largest producers of cement in the United States, owning and operating 14 Portland cement kiln plants. The U.S. headquarters is located in Houston.

The $1.4 million penalty will be distributed between the United States, the state of Ohio and the Regional Air Pollution Control Agency serving Ohio’s Clark, Darke, Greene, Miami, Montgomery, and Preble Counties. The state will contribute 20% of its share of the settlement to Ohio EPA’s Clean Diesel School Bus Program Fund.

The proposed consent decree will be lodged with the U.S. District Court for the Southern District of Ohio, Western Division, and will be subject to a 30-day public comment period.

SF6 Emissions Rule for Gas Insulated Switchgear Disapproved

On June 21, 2007, as part of the California Global Warming Solutions Act of 2006 (AB 32) the Air Resources Board (ARB) approved the reduction of sulfur hexafluoride (SF6) emissions from electricity transmission and distribution equipment as an early action measure. Accordingly, ARB staff, in collaboration with interested stakeholders, is developing a control measure to address these emissions.

On February 2, 2011, the Office of Administrative Law (OAL) issued the Decision of Disapproval of Part of the Regulatory Action for the (SF6) Emissions from Gas Insulated Switchgear Regulation. Under this decision, OAL approved nine of the ten proposed sections for the SF6 regulation, but disapproved proposed section 95356.

If you have any questions regarding this notice or the SF6 regulation, contact David Mehl, Energy Section Manager, at 916-323-1491 or dmehl@arb.ca.gov; or Tom Pomales, Air Pollution Specialist, at 916-324-0343 or tpomales@arb.ca.gov.

California Air Resources Board 2011 Cap-and-Trade Schedule

The California cap-and-trade regulation will provide a fixed limit on GHG emissions from the sources responsible for about 85% of California’s total GHG emissions.

Cap-and-trade will control GHGs from major emission sources by setting a firm limit on GHG emissions while employing market mechanisms to cost-effectively achieve the emission reduction goals. The cap for GHG emissions from major sources would commence in 2012 and decline over time, achieving emissions reductions throughout the program’s duration.

The cap-and-trade regulation supports the implementation of AB 32, the California Global Warming Solutions Act of 2006. Under AB 32, CARB has developed numerous measures supported by the regulation to reduce GHG emissions and help clean the air, protect the environment and drive innovative new solutions to clean energy.

For more information, see http://www.arb.ca.gov/cc/capandtrade/capandtrade.htm.

$15,000 Penalty for Starting Construction without Air Permit

Ohio EPA and Titan Tire Corp., of Bryan, Ohio, have reached a settlement to resolve past violations involving air permitting requirements related to a plant expansion. Because the expanded manufacturing line produces more emissions, Titan was required to obtain a permit from Ohio EPA prior to construction. Titan agreed to pay a $15,000 civil penalty for beginning construction without the permit. 

Located at 927 South Union St., the company manufactures tires and wheel assemblies of various sizes for off-road equipment used in mining, agricultural, construction, and forestry industries. The expansion project allowed the company to add a line to manufacture 63-inch-wide radial tires for the mining industry.

The facility was already classified as a major air pollution source before the expansion. Due to Williams County meeting federal air quality standards, the addition of a large new air emission source required the company to file a permit application to include a review of the impact of additional emissions on public health and to ensure the county would continue to meet air quality standards.

The expansion included six new tire-building areas, a curing repair and finish area, and a 50.4 million BTU per hour natural gas-fired boiler. The facility already had a federal and state permit designed for large air pollution sources. This permitted up to 433 tons per year of volatile organic compound (VOC) emissions. The expansion had the potential to add another 90 tons per year of VOC emissions.

Ohio regulations require businesses to obtain a permit-to-install before starting construction on new air pollution sources. After the violations were noted, Titan Tire filed and received the permit-to-install with the additional impact analysis.

Innovative Energy Technology Transforms Wasted Heat into Electricity

EPA has recognized two companies for innovative new products that recycle wasted energy and turn it into usable electricity in homes or small buildings. Micro combined heat and power (CHP) systems are an emerging technology that can help change how we use and produce energy in our homes while protecting people’s health. When offsetting purchases of coal-generated electricity in cold climates, this emerging technology can reduce energy use and curb carbon dioxide emissions by 20 to 30%.

As winners of the 2011 Energy Star Emerging Technology Award, Freewatt micro CHP system made by ECR International, New York, and the Ecopower micro CHP system made by Marathon Engine, Wisconsin, are helping home and small building owners, particularly in the Northeast region, produce their own electricity, reducing their utility bills. These technologies capture wasted energy from space or water heaters and turn it into usable electricity from a single fuel source.

Although the technology has been successfully used in larger applications for many years, micro CHP systems have only recently been commercialized for small scale use in residential homes, apartment buildings, and small office buildings. This year’s winning micro CHP systems met strict criteria for efficiency, noise, emissions, and third party-verified performance. In addition to submitting laboratory test results, products were monitored in the field for a minimum of one year to be eligible for recognition.

Environmental News Links

 

Trivia Question of the Week

What toxic metals have been found in LED lamps?
a. Arsenic
b. Lead
c. Silver
d. All of the above