Surface Coating NESHAP Deadlines Approaching

The National Emission Standard for Hazardous Air Pollutants (NESHAP) has several upcoming deadlines for auto body shops, surface coaters, and paint strippers that are classified as area sources of hazardous air pollutants—sources that emit less than 10 tons per year of a single hazardous air pollutant or less than 25 tons per hear of a combination of hazardous air pollutants.

Existing sources must certify they are in compliance by March 11, 2011. You must comply with this federal rule in addition to your state’s regulations. 

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™. 

EPA Responds to Senate Letter on Boilers

In the letter, Jackson emphasized the important health benefits that will be gained from controlling emissions from boilers and CISWI. She noted that EPA did not receive sufficient data from industry to justify additional subcategories, but that the agency has received additional data that will be reflected in the final rule. She also noted that the court had extended the deadline for EPA to issue the final rule by one month—until January 16, 2010. In response to the Senators’ concerns, Jackson also stated that the agency would pay special attention to the issue of biomass and would also carefully consider the possibility of a health-based exemption, but that there are concerns regarding the toxicity of a variety of compounds that the agency would have to take into account. Finally, she noted that the industry studies that conclude that the rules would cost many jobs relied on methods that were “in several respects opaque and in others clearly flawed.”

EPA Proposes to Cut Mercury Emissions from Sewage Sludge Incinerators

Mercury can damage children’s developing brains, and particle pollution is linked to a variety of serious health effects, including aggravated asthma, heart attacks, and premature death in people with heart and lung disease.

Sewage sludge incinerators are typically located at wastewater treatment facilities. The proposed standards would apply to both multiple hearth and fluidized bed incinerators. Units incinerating sewage sludge at other types of facilities such as commercial, industrial, and institutional incinerators will be covered under different air pollution standards. Overall, the proposal would cut mercury emissions from these units by more than 75%.

Mercury in the air eventually deposits into water, where it changes into methylmercury, a highly toxic form that builds up in fish. People are primarily exposed to mercury by eating contaminated fish. Because the developing fetus is the most sensitive to the toxic effects of methylmercury, women of childbearing age and children are regarded as the populations of greatest concern.

EPA will take comment on the proposed rule for 30 days after it is published in the Federal Register. The rule will be finalized in 2011 and become effective in 2015.

EPA to Regulate Mercury in Dental Office Wastewater

EPA is planning to propose a rule to reduce mercury waste from dental offices.  The mercury waste results when old mercury fillings are replaced with new ones. The mercury in dental fillings is flushed into chair-side drains and enters the wastewater systems, making its way into the environment through discharges to rivers and lakes, incineration or land application of sewage sludge. Mercury released through amalgam discharges can be easily managed and prevented.

EPA expects to propose a rule in 2011 and finalize it in 2012. Dental offices will be able to use existing technology to meet the proposed requirements. Amalgam separators can separate out 95 % of the mercury normally discharged to the local waste treatment plant. The separator captures the mercury, which is then recycled and reused.

Until the rule is final, EPA is encouraging dental offices to voluntarily install amalgam separators. Twelve states and several municipalities already require the installation of amalgam separators in dental offices.

Once deposited, certain microorganisms can change elemental mercury into methylmercury, a highly toxic form that builds up in fish, shellfish, and animals that eat fish.

Fish and shellfish are the main sources of methylmercury exposure to humans. Methylmercury can damage children’s developing brains and nervous systems even before they are born.

Webcast on Bidder Qualification Process for RGGI CO2 Allowance Auction

The Regional Greenhouse Gas Initiative, Inc. (RGGI) will host a free, one-hour webinar to review bidding procedures for the RGGI CO2 Allowance Auction to be held on December 1, 2010. The webinar, which is open to all, will be held Thursday, October 7, 2010, 2:00 p.m.–3:00 p.m. ET. No advanced registration is required.

To access the audio, dial the teleconference access number: 888-875-4624 and enter the participant code, 555661#. 

Slides will be posted no later than 10:00 a.m. ET on Wednesday, October 6, 2010. 

The 10 Northeast and Mid-Atlantic states participating in RGGI (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New Hampshire, New York, Rhode Island, and Vermont) have implemented the first market-based, mandatory cap-and-trade program in the U.S. to reduce greenhouse gas (GHG) emissions. Power sector CO2 emissions are capped at 188 million short tons per year through 2014. The cap will then be reduced by 2.5% in each of the four years 2015 through 2018, for a total reduction of 10%.

A CO2 allowance represents a limited authorization to emit one ton of CO2, as issued by a respective participating state. A regulated power plant must hold CO2 allowances equal to its emissions to demonstrate compliance at the end of each three-year control period. The first control period for fossil fuel-fired electric generators under each state’s CO2 Budget Trading Program took effect on January 1, 2009 and extends through December 31, 2011. Allowances issued by any participating state are usable across all state programs, so that the ten individual state CO2 Budget Trading Programs, in aggregate, form one regional compliance market for CO2 emissions. 

DHEC to Host Environmental Conference

The South Carolina Department of Health and Environmental Control (DHEC) will host its Environmental Assistance Conference on Wednesday, November 3, 2010.

“We provide this conference for our state’s regulated community,” said Bob King, DHEC’s Deputy Commissioner of Environmental Quality Control. “This is the fifth one we’ve presented and historically we’ve seen strong attendance from industrial representatives, school district officials, medical staff, small business owners, and employees of other government agencies.”

King said this year’s conference agenda will include sessions on greenhouse gases, industrial stormwater, hazardous waste, and the recently-passed surface water law. Attendees will also be able to discuss compliance inspections with regional DHEC inspectors.

“We want to be certain to provide various opportunities for attendees to ask specific questions of our technical staff,” King said. “There will be many exhibits highlighting our program areas so everyone can walk away with a better understanding of what they need to do to be in compliance with state and federal laws and regulations.”

The conference will be held from 9:00 a.m.–4:00 p.m. at the Columbia Conference Center off Fernandina Road between St. Andrews and Piney Grove roads. The conference registration fee is $55.

New Cost and Performance Information on Cleanup Technologies

The Federal Remediation Technologies Roundtable (FRTR) recently announced the release of 26 new case study and technology assessment reports. These reports document the cost, performance, and lessons learned in implementing a wide range of hazardous waste site cleanup technologies in the field, ranging from large-scale demonstrations to full-scale applications.

At the website, you can search these reports by remedial technology, optimization method, and other criteria. With these new additions, over 800 reports are now available in four areas over 400 cost and performance case study reports describing the use of remediation technologies; over 195 reports describing the use of site characterization and monitoring technologies; more than 125 case studies describing long-term monitoring/optimization of remediation technologies; and more than 90 reports describing the assessments of remediation technologies at hazardous waste sites. 

Simple Approach Could Clean Up Oil Remaining from Exxon Valdez Spill

Traces of crude oil that linger on the shores of Alaska’s Prince William Sound after the Exxon Valdez oil spill remain highly biodegradable, despite almost 20 years of weathering and decomposition, scientists are reporting in a new study.

Albert D. Venosa and colleagues note that bacteria, evaporation, sunlight, and other items in Mother’s Nature’s clean-up kit work together to break down the oil and make it disappear. Scientists have known for years that adding nitrogen and phosphorus fertilizer to oil-contaminated soil can speed the growth of bacteria that decompose, or biodegrade, oil. But it has been uncertain whether oil that has lingered in the environment for almost 20 years still is biodegradable, leaving questions on whether further clean-up efforts might be worthwhile.

The scientists collected oil-contaminated soil from different beaches in Prince William Sound and treated the samples with phosphorus and nitrogen fertilizer in the presence of excess oxygen from the air. Oil in the fertilized samples biodegraded up to twice as fast as oil in the unfertilized control samples, but significant biodegradation occurred even in the unfertilized controls. The results showed that oxygen supply was the major bottleneck, or limiting factor, in the field that prevented further decomposition of the oil. The scientists used data from the research to postulate a simple treatment scheme that would involve applying simple nitrate salts to possibly break down the natural organic matter in the sediment. That would cause an increase in sediment porosity that would allow dissolved oxygen in seawater to penetrate to the oiled zone and create oxygen-rich conditions that might stimulate more rapid biodegradation.

Using Nanotechnology in Environmental Remediation

The purpose of the new website area is to provide easy-to-access information to assist site managers when they are evaluating whether to use nanoscale zero-valent iron or other nanomaterials for hazardous waste site remediation.

The website is divided into five sections: Overview, Guidance, Application, Training, and Additional Resources. As new information becomes available, the website will be updated with information from federal cleanup programs, state sources, universities, nonprofit organizations, peer-reviewed publications, and public-private partnerships.

$200,200 Fine for Burying Hazardous Waste

After lengthy investigations, the Washington state departments of Ecology and Agriculture have issued penalties totaling $200,200 to a Grandview, Washington, farming partnership for violating dangerous waste and pesticide management laws.

The Washington Department of Ecology (Ecology) has issued a civil penalty of $165,000 to Double H Farms for illegally burying pesticides, used oil, car batteries, and other hazardous waste in violation of the state’s dangerous waste regulations.

The Washington State Department of Agriculture (WSDA) has also completed its investigation and is issuing the farm a $35,200 civil penalty for multiple violations of pesticide laws and rules.

In addition to the penalties, Ecology has ordered Double H Farms to investigate six other sites it owns where more waste is suspected to be buried.

In March of 2009, state investigators responded to a tip that used oil and pesticides had been buried in shallow pits at Double H Farms. Using a magnetometer and ground penetrating radar, investigators found the containers buried at two locations on the large farm property at 53 and 1501 Bethany Road near Grandview.

Nearly 200 containers of pesticides, waste oil, and other items were excavated by EPA contractors. Many of the containers, ranging in approximate sizes of 2.5 gallons to 55 gallons, were crushed or punctured and contained various amounts of the pollutants. Some of the containers, as well as lead acid car batteries, were found submerged in the shallow water table 6–8 feet below ground.

Sampling results showed that both the adjacent soil and underground water were contaminated. Monitoring wells have been installed at several locations to sample the shallow groundwater and determine if contamination is leaving the cleanup sites.

“This is an unusual and unfortunate situation that unnecessarily puts people and the environment at risk,” said K Seiler, program manager for Ecology’s Hazardous Waste and Toxic Reduction Program. “These hazardous wastes can be properly disposed of or recycled for free—and within a few miles of where they were buried.”

Bob Arrington, assistant director of WSDA’s Pesticide Management Division, said, “Farmers are strong supporters of our waste pesticide collections that keep pesticides out of the environment. It’s too bad that the Double H Farms didn’t work with us first for proper disposal.”

Double H Farms has 30 days to pay the Ecology penalty upon receipt or may file an appeal with the Washington State Pollution Control Hearings Board. Under WSDA’s procedures, James T. Hansen, a licensed private applicator, and Double H Farms, have 25 days to request a hearing before an administrative law judge to contest the fine.

Tofu Ingredient Yields Formaldehyde-Free Glue for Plywood and Other Wood Products

Scientists have reported that the sustainable, environmentally-friendly process that gave birth to plywood a century ago is re-emerging as a “green” alternative to wood adhesives made from petroleum. Speaking at the 240th National Meeting of the American Chemical Society, they described development of new soy-based glues that use a substance in soy milk and tofu and could mean a new generation of more eco-friendly furniture, cabinets, flooring, and other wood products.

“Protein adhesives allowed the development of composite wood products such as plywood in the early 20th century,” said Charles Frihart, Ph.D., who participated in the research project. “Petrochemical-based adhesives replaced proteins in most applications based upon cost, production efficiencies, and better durability. However, several technologies and environmental factors have led to a resurgence of protein, especially soy flour, as an important adhesive for interior plywood and wood flooring.”

The new adhesive contains soy flour and an additive used to make paper towels resist water. It performs as well as conventional wood adhesives for interior products, the scientists said, and does not produce the harmful formaldehyde vapors released from traditional plywood, particleboard, and other composite products. Certain petroleum-based adhesives can release formaldehyde, a potential human carcinogen, or substance capable of causing cancer. The scientists identified a highly promising soy-based glue composed of soy flour, a special water-resistant additive, and other modifiers. Together these ingredients form a polymer glue for interior wood products that performs as well as the existing petroleum adhesives but does not contain formaldehyde, they said.

Nebraska’s Water Quality Standards Approved

The state established limits for toxic algae to protect human health and limits for certain organic compounds to protect aquatic life.

The Nebraska Department of Environmental Quality (NDEQ) submitted new and revised water quality standards to EPA for review and approval, as required by the Clean Water Act (CWA). The state reviewed scientific data and performed field studies to determine sufficient levels of protection for Nebraska’s waters.

EPA oversees the protection of water quality as required by the CWA. States are required to conduct a review of their water quality standards every three years and submit new or revised standards to EPA.

EPA’s September 30, 2010, decision letter provides a more detailed description of EPA’s review, specific list of waters, and the basis for this action.

California to Propose Changes in Proposition 65 NOELs

Proposition 65 requires that businesses provide warnings prior to exposing people to chemicals listed as reproductive toxins and also prohibits discharges of these chemicals to sources of drinking water. Proposition 65 provides exceptions to these requirements in certain circumstances. For chemicals known to cause reproductive toxicity (i.e., birth defects or other reproductive harm), Proposition 65 provides an exemption to the warning and discharge provisions if an exposure one thousand times higher than the level in question would not cause any observable effect.

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65. As part of its responsibilities, OEHHA maintains the regulations implementing Proposition 65. These regulations can be found in Title 27 of the California Code of Regulations, sections 25000-27000.

These regulations set out the procedures and criteria for determining an exposure level where there would be no observable effect.

New Jersey NOx RACT Boiler Emission Limit Demonstration

These regulations require that a facility owning and/or operating these sources must comply with the NOx emission rate (pounds NOx per million BTU of fuel used) listed in N.J.A.C. 7:27-19.7(i), Table 9, by May 1, 2011, if no physical modification to the equipment is performed. If a physical modification is planned to achieve compliance, the compliance date is extended until May 1, 2012.

This requirement applies to any facility in New Jersey that owns or operates an Industrial/Commercial/Institutional boiler(s) and other indirect heat exchanger(s) of the 25 MMBTU/Hr to 50 MMBTU/Hr heat input rate range regulated under N.J.A.C. 7:27-19.7.

Connecticut Galvanizing Fined $61,000 for Not Submitting TRI Reports

A Glastonbury, Connecticut company faces a fine from EPA for failing to file required chemical inventory reports, in violation of federal right to know laws.

EPA has proposed a $61,000 penalty against Highway Safety Corp., which does business under the name of Connecticut Galvanizing, for failing to file a Toxic Chemical Release Inventory (TRI) form for zinc compounds manufactured at the facility in 2006, 2007, and 2008. These reports are required under Section 313 of the federal Emergency Planning & Community Right-to-Know Act ().

Connecticut Galvanizing operates a hot-dip galvanizing facility at in Glastonbury that galvanizes large metal objects such as guard rails, light posts, and other highway equipment. The case was identified through a routine inspection by EPA in December 2009.

Puget Sound Naval Shipyard Pays $56,000 for Hazardous Waste Violations

The Puget Sound Naval Shipyard and Intermediate Maintenance Facility has agreed to pay $56,000 for hazardous waste violations at its facility in the Bremerton Naval Complex, according to an agreement with EPA.

In January 2009, inspectors from the Washington State Department of Ecology and EPA found violations of hazardous waste management laws at the shipyard, located in Bremerton, Washington.

The violations included the improper storage and handling of waste plating solution containing hexavalent chromium in the sub basement of the plating shop. The plating shop has an open grated floor, which allowed hexavalent chromium to drip and drain through the floor to the basement below and accumulate there. Exposure to hexavalent chromium can cause respiratory illnesses and increases the risk of lung cancer.

“This is a toxic compound that can cause health problems and harm the environment—handling it improperly can have serious consequences,” said Jeff Kenknight, Manger of the Hazardous Waste Compliance Unit. “Waste management practices are designed to minimize these risks.”

The inspectors also observed an open drum of paint solvent near an open bay door in a storage shed at the pier, which is on Puget Sound. The container risked contaminating the sound if spilled.

Both violations were of the Resource Conservation and Recovery Act (RCRA), which regulates hazardous waste. Puget Sound Naval Shipyard has been working with EPA to address the violations.

New Jersey DEP Launches Office of Dispute Resolution

“This office will head off potentially costly and lengthy litigation that may not have been needed had both sides simply met first to work out their differences. In finding common ground, however, we will not compromise protection of the environment.”

DEP decisions regarding permits or enforcement actions often trigger appeals, usually in the form of a request for a hearing by the Office of Administrative Law. The time between filing of an appeal and the case being heard in court is often frustratingly slow, and may hinder good projects as well as implementation of actions to protect the environment.

“This process often breeds contention,” said Commissioner Martin. “We need to change this mindset and look for solutions right out of the gate.”

Dispute resolution is a common practice used in both the private and public sectors to mediate solutions to potentially difficult disputes. While the DEP’s new Office of Dispute Resolution will not be able to mediate every type of case, it will be able to help in many areas, including water and land use permit and compliance issues, penalty assessments and alleged failures to comply with permit conditions. The office cannot mediate challenges to DEP rules, regulations or policies, nor can it mediate disputes between private parties.

The office is headed by Tina Layre, a 24-year DEP veteran who has worked extensively on site remediation settlement agreements, cost-recovery cases, enforcement issues, and cases involving bankruptcies. She will serve as an impartial mediator between the regulated community and the relevant DEP program.

The creation of this office is the latest in a series of sweeping moves launched by Commissioner Martin to transform the DEP into an agency that works with the public that it serves by placing emphasis on customer service and prompt response. DEP has also created an Office of Permit Coordination and Environmental Review to help applicants navigate the often complex regulatory process.

DOE Bans Sale of Air-Con Air Conditioners that Violate Energy Efficiency Standards

 DOE is proposing a civil penalty of more than $230,000 for importing and distributing these inefficient cooling products. This action and the proposed penalties are part of the Department’s continued commitment to act aggressively to remove unlawful products from the market. To date, nearly 70 different non-compliant products have been removed from commerce since 2009.

“Nothing is more important to our enforcement efforts than removing products from the market that violate our minimum energy efficiency standards,” said DOE General Counsel Scott Blake Harris. “The sale of these products is unlawful, imposes unnecessary costs on American consumers, and wastes energy.”

In March 2010, DOE issued a subpoena requiring Air-Con to submit detailed information about the energy consumption of its products and how the company marketed and sold them in the United States. Based on Air-Con’s responses to the subpoena, DOE has found that the company imported and distributed nearly 2,000 air conditioning units that are rated at 10 SEER, while the federal standard requires a minimum 13 SEER rating. The following two air conditioning unit models are covered by the announcement: ACN-09/12/18/24-GCH and ACN-MTS-09CO/12CO/09EV/12EV.

DOE proposed the maximum penalty for selling non-compliant products and has required Air-Con to immediately cease further U.S. sales and provide written notification to its customers that purchased these units. Air-Con is also required to update the information it has provided to the Department, including a record of the company’s U.S. sales since it last responded to DOE. If Air-Con fails to cease distribution of these models in the United States, DOE will seek a judicial order to prevent further sales.

Scotts Manufacturing Company Fined $148,388 Penalty for Hazardous Waste Issues

Scotts Manufacturing Company, of Marysville, Ohio, has agreed to pay a $148,388 civil penalty to the United States to settle a series of alleged violations of hazardous waste laws at its pesticide blending and packaging facility in Fort Madison, Iowa.

Scotts employs approximately 200 full-time and 200 part-time workers at the Fort Madison facility, which blends and packages various lawn and garden consumer pesticide products. The facility generates a variety of wastes, including wastewater containing pesticide wastes, rags, and solids contaminated with pesticides, as well as waste paints, inks, lamps and batteries, and used oil.

According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kansas, EPA representatives inspected the Fort Madison facility in October 2008 and found several violations of RCRA, which regulates the storage, handling, and disposal of hazardous wastes.

As a result of the settlement, Scotts will provide EPA with documentation on updated procedures for the management of its solvent drum and lab waste containers, in accordance with RCRA regulations, and will document its compliance with training requirements and update its list of emergency equipment.

In addition to paying the civil penalty, Scotts will perform two supplemental environmental projects (SEP) to include:

• The company will spend at least $122,000 on a wastewater treatment and reuse pilot project, in which hazardous waste streams will receive biological treatment, filtration, and reuse. If the pilot project is successful, Scotts may implement the treatment system on a permanent basis at Fort Madison, and could reduce its future hazardous waste stream by as much as 80%. The system may also be transferable to other Scotts facilities.
• Scotts has also agreed to spend at least $30,000 on a project to identify, remove, and safely dispose of obsolete chemicals and hazardous wastes from selected schools in Fort Madison. This project will also facilitate the creation or enhancement of school policies and practices to prevent unnecessary accumulations of chemicals, and will educate faculty and staff on best practices, policies, and procedures to incorporate into their chemical management program.

Environix Fined for Water Pollution, Hazardous Waste Violations

Environix, a Lynnwood, Washington mold-cleaning company faces $18,000 in Ecology fines for washing anti-fungal spray equipment into a storm drain.

Residents reported seeing a whitish paint-like substance enter Hall Lake from a stormwater pipe in April 2010. City of Lynnwood staff traced the discharge to Environix Inc., at 20728 56th Ave. W.

An Ecology inspection turned up signs that painting equipment had been washed into a storm drain on the property. The company’s services include spray application of a paint-like coating to prevent mold in buildings.

Environix has taken steps to ensure that employees will no longer wash the coating into the storm drain. The company also agreed to conduct a lab test of the wash water, which determined that the anti-mold material in it qualified as hazardous waste.

The company has arranged to discharge equipment wash water to the city’s sanitary sewer and to collect sludge from the washing process for proper waste disposal.

“Environix’s prompt response to these violations will protect public health and the environment from this point forward,” said Julie Sellick, a regional manager for Ecology’s hazardous waste and toxics reduction program. “Ecology’s penalty addresses the violations of water quality and hazardous waste requirements that occurred for a significant time before these corrections.”

“This incident is extremely disappointing to us,” said James Mallory, president of Environix. “Our company prides itself in environmental stewardship and yet this inappropriate washing still occurred. The actions were inexcusable, and the employee responsible for the incident has been fired.”

DOE Announces Winners of Lighting for Tomorrow 2010 Competition

The DOE, the American Lighting Association (ALA), and the Consortium for Energy Efficiency (CEE), announced the winners of the eighth-annual Lighting for Tomorrow competition at the 2010 ALA Annual Conference in Las Vegas, Nevada. The Lighting for Tomorrow competition aims to increase market acceptance and awareness of energy-efficient lighting by recognizing the best-designed energy-efficient lighting products available to the residential market. Design competitions are a key part of DOE’s national strategy to accelerate solid-state lighting (SSL) technology advances from the laboratory to the marketplace.

“Developing the next generation in energy-efficient lighting will help homeowners cut energy use and save money,” said Energy Secretary Steven Chu. “The winners of this competition will play an important role in commercializing the latest LED and solid-state lighting technologies, so that American families can have access to cost-effective, easy to use, highly efficient lighting in their homes.”

Light-emitting diodes (LEDs) and SSL technology have the potential to cut U.S. lighting energy use by one-fourth by 2030, providing $120 billion in energy savings. In addition to advances in energy efficiency, SSL lamps and fixtures are longer lasting—up to 50,000 hours on one lamp—and offer opportunities for U.S. global leadership in technology development and manufacturing.

DOE has worked with its partners to run the Lighting for Tomorrow competition since 2004. This year, the SSL competition was expanded beyond fixtures to include light-emitting diode (LED) replacement bulbs as well as lighting control devices that are compatible with such energy-efficient technologies as LED and fluorescent lighting. Fifty companies submitted a total of 107 products—69 LED luminaries or fixtures, 24 LED replacement lamps or bulbs, and 14 lighting control devices—that were evaluated by a panel of judges representing a cross section of industry. The judges included lighting designers, builders, electrical contractors, energy efficiency practitioners, and technical experts.

Each lighting fixture and replacement lamp entry was evaluated based on color appearance, color rendering, appropriate measure of light intensity, efficiency, appearance, and style. Bonus points were earned for such merits as dark-sky friendliness, dimming features, sustainability features, and innovation. The lighting control entries were evaluated on functionality, value, ease of use and installation, innovation, ability to interface with other systems, and compatibility with existing fixtures. Additional bonus points in this category were available for energy savings potential, appearance, and sustainability.

Competition winners gain further visibility and recognition for their technologies and products as they are showcased at DOE and industry events. They also become eligible for promotion by energy efficiency programs across the United States and Canada.

The winning entries include:

SSL Fixtures:

• Kichler Lighting Design Pro LED Broad Roof LED Path & Spread Light — Independence, Ohio
• Kichler Pro LED Modular and Disc System — Cleveland, Ohio
• Edge Lighting Scope LED Pendant — Chicago, Illinois
• Edge Lighting Scope LED Monorail/Track Light — Chicago, Illinois
• Albeo Technologies Inc. Agito – Intelligent Task Light (honorable mention) — Boulder, Colorado
• Blackstone International Ltd. Sunter Architect LED Desk Lamp (honorable mention) — Baltimore, Maryland
• Cree LED Lighting CR6T Downlight (honorable mention) — Durham, North Carolina

LED Replacement Lamps:

• Philips Lighting EnduraLED A19 Lamp — Burlington, Massachusetts

Lighting Controls:

• Leviton Manufacturing Co., Inc. Decora® CFL Slide Dimmer — Melville, New York
• Lutron Electronics Co., Inc. Radio Powr SavrT Occupancy/Vacancy Sensor with Maestro Wireless? Switch — Coopersburg, Pennsylvania
• Legrand/ Pass & Seymour RT1 7-Button Timer — Syracuse, New York

BP to Pay $15 Million Penalty for Clean Air Act Violations

The Department of Justice (DOJ) and EPA have announced that BP Products North America Inc., has agreed to pay a $15 million penalty to resolve federal Clean Air Act (CAA) violations at its Texas City, Texas, petroleum refinery. The penalty is both the largest ever assessed for civil violations of the CAA’s chemical accident prevention regulations, also known as the Risk Management Program (RMP) regulations, and the largest civil penalty recovered for CAA violations at an individual facility.

During the three incidents, thousands of pounds of flammable and toxic air pollutants were released, with each of the incidents resulting in the surrounding Texas City community being ordered to shelter-in-place. The settlement also resolves allegations that BP failed to identify all regulated hazardous air pollutants used at the refinery in plans submitted to EPA.

“The Clean Air Act is intended not only to prevent accidents like the fatal March 2005 accident, but also to penalize companies with poor practices that cause harmful air pollution,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This settlement reflects the serious nature of the fires and releases of hazardous air pollutants that occurred at BP’s Texas City Refinery and puts industry on notice that the Department of Justice and EPA will aggressively pursue those who fail to comply with the laws that protect human health and the environment.”

EPA identified the CAA violations addressed in the settlement during a series of inspections of the Texas City refinery initiated after a catastrophic explosion and fire in March 2005 that killed 15 people and injured more than 170 others. In addition to the CAA General Duty Clause and RMP violations resolved by the settlement, EPA also identified violations of other CAA requirements at the refinery relating to the control of benzene, ozone-depleting substances, and asbestos. Exposure to benzene can significantly harm human health, and exposure to asbestos—a known human carcinogen—can cause two types of cancer—lung cancer and mesothelioma. These other violations were resolved in a February 2009 settlement that required BP to spend more than $161 million on pollution controls, enhanced maintenance and monitoring, and improved internal management practices at the refinery, as well as pay a $12 million civil penalty and spend $6 million on a supplemental project to reduce air pollution in Texas City and the surrounding area.

With this settlement, the federal government will have recovered approximately $137 million in criminal, civil and administrative fines related to process safety violations at the Texas City refinery. In addition, BP Products has performed approximately $1.4 billion in corrective actions and the company will spend an estimated additional $500 million to improve safety at the refinery as required by settlements entered into with OSHA and the criminal CAA plea agreement following the fatal March 2005 explosion.

The events at BP’s Texas City refinery covered by the settlement include the following:

• In August 2005, a stream of highly pressurized liquid and gaseous hydrocarbons leaked from a corroded valve within the refinery’s Cat Feed Hydrotreater Unit. Since 1983, BP repeatedly increased the velocity of fluid flowing through the valve without adequately evaluating the effects of the increased flow on the unit’s maintenance needs.
• In July 2005, a carbon-steel piping elbow in the refinery’s Resid Hydrotreater Unit ruptured and caused a major fire. The carbon-steel piping elbow had been incorrectly installed by a maintenance contractor in a location that required a stronger metal in order to withstand the existing operating temperatures and pressures.
• In March 2004, a corroded 20-inch diameter pipe at the refinery’s Ultraformer No. 4 process unit ruptured and caused a major fire that burned for several hours. Corrosion, which had gone undetected, reduced the pipe-wall thickness to the point where it ruptured at normal operating temperatures and pressures.

The CAA General Duty Clause and RMP regulations contain a comprehensive set of requirements to prevent accidental releases of hazardous air pollutants, an important objective of the CAA. These regulations require owners and operators of facilities, such as petroleum refineries to, among other things, perform adequate and timely equipment inspections and repairs, train employees involved in the operation and maintenance of equipment, evaluate the consequences of changes to operating practices and equipment, and ensure that operating procedures contain clear and comprehensive instructions.

BP’s Texas City refinery is the third largest in the United States, with a production capacity of more than 460,000 barrels of oil per day.

Price Chopper, Inc. Fined $9,000 for Wetlands Violations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $9,000 penalty to Price Chopper Operating Co. of Massachusetts, Inc., to resolve violations of the Wetlands Protection Act that occurred during construction of a new supermarket located at 731 Boston Turnpike in Shrewsbury, Massachusetts.

During an inspection of the property in February 2010, MassDEP personnel observed the discharge of silt-laden runoff from the construction site, and the lack of effective erosion and sedimentation controls at the site. A Unilateral Administrative Order (UAO) was first issued, requiring the company to stop all discharges to the wetlands, and submit an erosion control and restoration plan.

Through the newest consent order, Price Chopper has agreed to continue the implementation of the erosion control plan required in the initial UAO, and to implement the MassDEP-approved wetland restoration and mitigation plan. The plan includes drainage improvements, wetland replication activities, plantings, and sediment removal from an adjacent stream. These activities occurred in violation of a local Order of Conditions issued by the Shrewsbury Conservation Commission.

“Developers can avoid the time and additional resources needed to correct damages to wetland resources by placing erosion and sedimentation controls as required,” said Paul Anderson, deputy director of MassDEP’s Central Regional Office in Worcester.

Murphy Oil to Spend Almost $2 Million to Resolve Air Violations

The Louisiana Department of Environmental Quality (DEQ) has announced that it has joined federal agencies and the state of Wisconsin in a settlement with Murphy Oil USA, Inc. The agreement calls for Murphy to pay $395,312 as a civil penalty to the state. Murphy also has agreed to install new and upgraded pollution reduction equipment at its facility.

Under the agreement, Murphy will spend no less than $1.5 million to install covers on two wastewater tanks at their Meraux, Louisiana refinery as a supplemental environmental project. The covers are designed to control VOC emissions and reduce odors emitting from the tanks. Murphy will also install and operate an ambient air monitoring station at the Meraux refinery. Emissions data from the monitoring station and several other community-based projects will be made available to the public online. Murphy will also implement noise abatement and dust control measures.

The company is responsible for reducing emissions of nitrogen oxides by at a minimum of 58 tons per year, emissions of sulfur dioxide by approximately 497.5 tons per year, emissions of particulate matter by approximately 1.6 tons per year, and emissions of carbon monoxide by approximately 73.4 tons per year at the Meraux refinery.

The facility in Wisconsin is part of the agreement that was coordinated with the EPA and the Department of Justice.

New Rules Strengthen Drilling Safety, Reduce Risk of Human Error on Offshore Oil and Gas Operations

The Department of the Interior (DOI) has announced two new rules that will help improve drilling safety by strengthening requirements for safety equipment, well control systems, and blowout prevention practices on offshore oil and gas operations, and improve workplace safety by reducing the risk of human error.

“These new rules and the aggressive reform agenda we have undertaken are raising the bar for the oil and gas industry’s safety and environmental practices on the Outer Continental Shelf,” said Secretary of the Interior Ken Salazar, who announced the rules in a speech at the Woodrow Wilson International Center. “Under these new rules, operators will need to comply with tougher requirements for everything from well design and cementing practices to blowout preventers and employee training. They will also need to develop comprehensive plans to manage risks and hazards at every step of the drilling process, so as to reduce the risk of human error.”

The Drilling Safety Rule and the Workplace Safety Rule join a host of reforms that DOI has undertaken in the five months since the Deepwater Horizon oil spill that touch every stage of the offshore planning, review, permitting, drilling, and development processes.

“These two rules are part of a broader series of reforms we are undertaking to reduce the risks of offshore energy operations,” said Michael R. Bromwich, director of the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEM). “We are substantially raising the standards for all offshore operators, and are doing it in an orderly and responsible way. We will continue to move forward with other changes and reforms in what will remain a dynamic regulatory environment. We owe the public nothing less.”

The regulation prescribes proper cementing and casing practices and the appropriate use of drilling fluids in order to maintain well bore integrity, the first line of defense against a blowout. The regulation also strengthens oversight of mechanisms designed to shut off the flow of oil and gas, primarily the Blowout Preventer (BOP) and its components, including Remotely Operated Vehicles (ROVs), shear rams, and pipe rams. Operators must also secure independent and expert reviews of their well design, construction, and flow intervention mechanisms.

The Drilling Safety Rule is being issued under an emergency rule-making process. Director Bromwich said that BOEM will soon move forward with a standard rulemaking process that includes greater opportunity for public comment and that considers implementing additional recommendations of the Secretary’s May 27th Safety Report, such as the requirement that BOP’s have two sets of blind shear rams.

The Workplace Safety Rule requires operators to have a Safety and Environmental Management System (SEMS), which is a comprehensive safety and environmental impact program designed to reduce human and organizational errors as the root cause of work-related accidents and offshore oil spills. The Workplace Safety Rule makes mandatory American Petroleum Institute (API) Recommended Practice 75, which was previously a voluntary program to identify, address and manage safety hazards and environmental impacts in their operations.

EPA Responds to TSCA Petition to Ban Lead in Ammunition and Fishing Sinkers

On August 3, 2010, a petition was filed under TSCA section 21 requesting that EPA prohibit under TSCA section 6(a) the manufacture, processing, and distribution in commerce of lead bullets and shot and lead fishing sinkers. On August 27, 2010, EPA denied the first request due to a lack of authority to regulate lead in bullets and shot under TSCA. EPA’s decision is based on the exclusion of shells and cartridges from the definition of “chemical substance” in TSCA section 3(2)(B)(v). EPA is still considering the second request pertaining to lead fishing sinkers and will respond to that portion of the petition within the 90-day period provided in section 21 of TSCA. 

Space Vehicle Manufacturer SpaceX Fined for Hazardous Waste Violations

EPA fined Hawthorne, California-based Space Exploration Technologies, Inc., also known as SpaceX, $45,600 for RCRA violations.

SpaceX designs and manufactures launch vehicles, which are used to place satellites into orbit and to deliver cargo to the international space station. SpaceX also manufactures the liquid fuel rockets that power the launch vehicles as well as all associated avionics.

“High tech stature does not preclude innovative firms from complying with federal environmental laws that protect their employees, the surrounding community and the environment,” said Jared Blumenfeld, the EPA’s Regional Administrator for the Pacific Southwest. “SpaceX, like any other manufacturer, will be held accountable for improper storage and handling of the hazardous waste it generates.”

During a 2009 inspection of the facility, EPA investigators found that SpaceX, a designer and manufacturer of orbital space delivery systems, had multiple hazardous waste violations. The SpaceX violations included:

• Improperly storing hazardous waste on site for longer than the 180-day time limit,
• Failure to close hazardous waste containers,
• Not labeling or improperly labeling hazardous waste containers,
• Storing hazardous waste in crowded conditions that impaired inspection, and
• Failure to perform waste determination.

EPA’s hazardous waste rules require facilities to properly store, label, and close hazardous waste containers. 

South Dakota Ethanol Plants Fined for Air Emissions

The DOJ and EPA have reached agreements with the operators of three South Dakota ethanol production facilities resolving CAA violations associated with emissions and testing requirements for volatile organic compounds (VOCs).

“EPA expects ethanol production facilities to employ appropriate controls and testing procedures to manage air emissions,” said Jim Martin, EPA’s regional administrator in Denver. “The volatile organic compounds created in the ethanol refining process can contribute to ground-level ozone and create local and regional health concerns.”

As a result of EPA’s investigation, the facilities—James Valley, Northern Lights, and POET—have enhanced existing controls through repair and renovation of thermal oxidizers and improving scrubber operations. They have also agreed to conduct specific performance testing when demonstrating compliance with VOC limits.

EPA alleges that POET and James Valley violated CAA regulations at the Groton ethanol facility by failing to maintain an internal floating roof on the liquid inside several storage vessels. This roof is designed to inhibit the volatilization of the ethanol in air by remaining in contact with the surface.

EPA also alleges that POET and Northern Lights violated a CAA operating permit at the Big Stone ethanol facility by exceeding certain VOC emissions limits, conducting invalid testing to demonstrate compliance with VOC emissions limits, and failing to install required monitoring devices. EPA claims that operators failed to maintain the internal floating roof inside several storage vessels at the Big Stone Facility.

James Valley, Northern Lights, and POET have agreed to pay a civil penalty of $150,000 and to remedy deficiencies and adopt approved methods for measuring VOC emissions from the Groton and Big Stone facilities.

In a separate settlement, EPA also announced the resolution of CAA claims against Dakota Ethanol, LLC at its ethanol production facility near Wentworth.

EPA alleges that Dakota Ethanol violated its permit by exceeding certain VOC emissions limits, conducting inappropriate testing to demonstrate compliance with VOC limits, and failing to conduct required VOC stack testing in a timely manner. EPA also claims operators failed to maintain the internal floating roof on the liquid inside several storage vessels at the plant. Dakota Ethanol will remedy deficiencies, implement appropriate testing methods and pay a civil penalty of $75,000.

All three facilities are dry mill ethanol plants that produce ethanol for use as a fuel. Ethanol is primarily a product of industrial corn and is widely used as an automobile fuel by itself or blended with gasoline. During the ethanol manufacturing process, dry mills burn off gases that emit VOCs into the air. VOCs are precursors to ozone formation and pose risks to human health and the environment.

The proposed settlements are subject to a 30-day public comment period and final court approval. 

EPA and ExxonMobil Settle Case for Closure of Illegal Acid Waste Impoundments

EPA and ExxonMobil agreed to settle a case involving over one billion gallons of illegally stored hazardous waste at the Agrifos Fertilizer site in Pasadena, Texas. ExxonMobil is the prior owner of the site and retained closure and post-closure responsibility for the site’s massive waste impoundments when it sold the site to Agrifos Fertilizer in 1998. ExxonMobil was subject to RCRA violations due to the illegal commingling of hazardous waste with the acidic process wastewater stored in the impoundments.

The company will spend more than $150 million to close the impoundments and dispose of the hazardous waste at the site. As part of the settlement, Exxon will be responsible for post-closure care, including groundwater monitoring, from the impoundments for the next 50 years.

Agrifos Fertilizer, the property owner, purchased the 509 acre plot from ExxonMobil in 1998. The Agrifos site includes a mineral processing facility that extracts phosphorus from mineral ores to produce phosphoric acid. Exxon Mobil will conduct the majority of the clean-up work at the site and Agrifos is responsible for the remaining activities.

Mining and mineral processing facilities generate more toxic and hazardous waste than any other industrial sector, based on EPA’s TRI program data. If not properly managed, these facilities pose a high risk to human health and the environment. Since 2003, EPA has been investigating a total of 20 phosphoric acid facilities in seven states.

In a national enforcement effort, EPA has focused on compliance in the phosphoric acid industry because of the high risk of releases of acidic wastewaters at these facilities, which can cause groundwater contamination and fish kills. A 2007 incident at the Agrifos phosphoric acid facility in Houston released 50 million gallons of acidic hazardous wastewater into the Houston Ship Channel.

Oil Distributor Pays $15,000 Penalty for Inadequate Spill Prevention Measures

John C. Berry & Sons, Inc. agreed to pay a $15,000 fine for alleged violations of the CWA at its oil storage and distribution facility in Idaho Falls, Idaho under an order issued by the EPA.

During an August 2009 inspection of the facility, inspectors noted several violations of CWA regulations including:

• Failure to prepare an adequate spill prevention plan,
• Inadequate secondary containment structures, and
• Failure to conduct inspections and spill prevention training.

“Preventing and containing oil spills is essential to protecting our rivers, lakes and streams.” said Kimberly Ogle, manager of EPA’s Compliance Unit in Seattle. “The regulations are clear—facilities must show that they have a solid plan in place to deal with spills, or they may face penalties.”

The SPCC regulations require that facilities handling or storing a certain volume of oil to have a detailed, written plan detailing the measures in place for preventing and responding to petroleum spills.

Berry & Sons facility is located approximately 800 feet from the Snake River.

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Trivia Question of the Week

The average employee prints out about how many pages per year?
a. 500
b. 5,000
c. 10,000
d. 100,000