EPA also announced its decision to continue requiring TRI data reporting on an annual basis.
"EPA is delivering a cleaner, healthier nation by encouraging businesses to make environmental improvements now and in the future," said Deputy Administrator Marcus Peacock. "Cleaner businesses are more efficient businesses, which is good for the environment, good for the economy and good for the American people."
In addition, the final rule does not exempt any facility from reporting their releases, nor does it remove any chemicals from the TRI. The rule allows facilities that completely eliminate releases of persistent, bioaccumulative and toxic chemicals (PBTs), and recycle and treat fewer than 500 pounds of such chemicals, to use a shorter reporting form, known as Form A. By reducing long-lasting PBTs, EPA and facilities are delivering a cleaner environment.
By imposing the 2,000-pound cap on releases for non-PBT chemicals, EPA says that it is encouraging businesses to rely on preferred waste management methods, such as recycling and treatment, rather than disposal and other releases.
Over the past several years, EPA has worked with its partners to increase the efficiency, accuracy and timeliness of TRI data. Stakeholders requested that EPA share TRI data sooner without waiting for further analyses. In response, for the last three years, EPA has provided the public with the electronic facility data release (e-FDR) months before the annual public data release (PDR). Last year, there was a 24% increase in electronic reporting forms for 2005 data. Electronic reporting allows EPA to process the data faster, with built-in quality checks, to improve accuracy.
TRI is a publicly available EPA database, which contains information on toxic chemical releases and other waste management activities reported annually by certain industries and federal facilities.
Security Plans to be Required by Homeland Security
The proposed regulations were published in the Federal Register last week as an advanced notice of rulemaking and will be available for public comment until February 7.
“The consequences of an attack at a high-risk chemical facility could be severe for the health and safety of the citizens in the area and for the national economy,” said Homeland Security Secretary Michael Chertoff. “Congress has provided the department with a critical new authority to set performance standards that are both sensible and disciplined, allowing owners and operators the flexibility to determine an appropriate mix of security measures at their facility under our supervision and subject to our approval. We’re grateful for this new authority, and we intend to implement it quickly and apply it aggressively.
The proposed regulations require that chemical facilities fitting certain profiles complete a secure online risk assessment to assist in determining their overall level of risk. High-risk facilities will then be required to conduct vulnerability assessments and submit site security plans that meet the department’s performance standards. The department will validate submissions through audits and site inspections, and will provide technical assistance to facility owners and operators as needed. Performance standards will be designed to achieve specific outcomes, such as securing the perimeter and critical targets, controlling access, deterring theft of potentially dangerous chemicals, and preventing internal sabotage. Security strategies necessary to satisfy these standards will depend upon the level of risk at each facility.
The proposed regulations provide chemical facilities with two quick and simple opportunities to challenge the disapproval of a site security plan. Failure to comply with performance standards may result in civil penalties up to $25,000 per day, and egregious instances of noncompliance could result in an order to cease operations.
Since 2003, the department has worked closely with the chemical industry as well as state and local authorities on strengthening security at chemical facilities throughout the country. Most chemical facilities have already initiated voluntary security programs and made significant investments to achieve satisfactory security levels. The Homeland Security Appropriations Act of 2007 granted the department authority to regulate the security of high-risk chemical facilities and requires that the proposed regulations be issued by April 4, 2007. The proposed regulations contemplate immediate implementation at the highest risk facilities, and a phased implementation at other chemical facilities that present security risks addressed by the statute, beginning in 2007 and continuing through 2008.
EPA Seeks to Simplify Transition from CAA Major Source to Area Source
The proposed amendment would encourage industrial facilities to reduce air toxics emissions so they are no longer considered a "major source" of air pollution.
Major sources have the potential to emit more than 10 tons per year of a single toxic air pollutant or 25 tons per year of any combination of toxic air pollutants. If a source emits less than these amounts, it is called an area source.
The proposed amendment would allow a major source to become an area source at any time by limiting its potential to emit toxic air pollutants to below the major source thresholds. The limit would be enforced through a permit. Once a major source becomes an area source, it would be subject to an area source standard if there is one for that industry.
According to EPA, the US has made significant progress in reducing air toxics from industry, fuels and vehicles, and indoor sources. Since the Clean Air Act was amended in 1990, EPA has issued 96 standards for 174 different types of industrial sources of air toxics, including chemical plants, oil refineries, aerospace manufacturers, and steel mills. The agency also has issued regulations for 21 categories of smaller sources, such as dry cleaners, commercial sterilizers, secondary lead smelters, and chromium electroplating facilities. Together, these standards are projected to reduce annual emissions of air toxics by about 1.7 million tons from 1990 levels when fully implemented.
EPA will accept comments for 60 days after the proposal publish date in the Federal Register on January 3.
Mixtures of Used Oil and Hazardous Waste
Adopted from the Ohio EPA Notifier
In most cases, if you mix your hazardous waste with your used oil, the resulting mixture must be managed as hazardous waste rather than used oil. Mixing hazardous waste with used oil can also make it more costly to manage and dispose. It is very important to understand if mixtures can be managed as used oil or if they must be managed as hazardous waste.
Ohio’s used oil mixture rule is found in Ohio Administrative Code (OAC) rule 3745-279-10. As with EPA’s rule at 40 CFR 279.10, this rule sets the standards for mixtures of used oil and hazardous waste and how the resulting mixture is regulated if it will be recycled. Note that other state rules may differ than those described below.
Rules for CESQGs
A site that generates fewer than 220 pounds of hazardous waste in a calendar month is called a conditionally exempt small quantity generator (CESQG). CESQGs who mix used oil with either listed or characteristic hazardous waste can manage it as used oil if it will be recycled. If your site is a CESQG and you plan to dispose of your used oil/hazardous waste mixture rather than recycle it, you must evaluate the mixture to determine if it is hazardous and manage it accordingly. To evaluate your mixture, see OAC rule 3745-52-11.
Requirements for SQGs and LQGs
If you generate 220 pounds or more of hazardous waste in a calendar month [small quantity generator (SQG) or large quantity generator (LQG)] and you mix your hazardous waste with your used oil, the resulting mixture will likely be considered a hazardous waste rather than a used oil. There are a few exceptions in the used oil mixture rule, however, that allow mixtures of certain listed and/or characteristic hazardous wastes and used oil to be managed as used oil.
Mixtures of used oil and a waste that is hazardous waste only for ignitability may be managed as used oil of the resulting mixture is not ignitable. Mixtures of waste that exhibit one or more characteristics of hazardous waste and used oil can be managed as used oil if the resulting mixture does not exhibit ANY characteristic of hazardous waste. Otherwise, the mixture must be managed as hazardous waste. An example would be a waste that is hazardous for corrosivity and mixed with used oil that contains 10 ppm chromium. The resulting mixture no longer displays the corrosivity characteristic, but it is hazardous for chromium. This mixture must be managed as a hazardous waste because it exhibits the toxicity characteristic for chromium.
Mixtures of listed hazardous waste with used oil must be managed as a listed hazardous waste rather than a used oil unless the listed hazardous waste was listed solely because it exhibits one or more characteristics (ignitable, corrosive, or reactive, not toxic), and the resulting mixture does not exhibit any characteristics of hazardous waste - in this instance, it may be managed as used oil. For example, F003 is a listed hazardous waste that is listed solely for its ignitability characteristic. If you mix an F003-listed hazardous waste with used oil, and the resulting mixture does not exhibit the ignitability (or any other) characteristic, it can be managed as used oil. Otherwise, it must be managed as an F003 listed hazardous waste.
Used Oil Containing Halogens
If used oil contains more than 1,000 ppm total halogens, it is presumed to have been mixed with a hazardous waste. Used oil containing more than 1,000 ppm total halogens cannot be managed as a used oil unless you can demonstrate that the halogens are not from a listed hazardous waste or that you are a CESQG. This applies to all used oil regardless of whether it is being used as a fuel or is re-refined to make a lubricant.
DOT’s FMCSA Increases Enforcement
The Federal Motor Carrier Safety Administration reported significant increases in enforcement related activities in 2006 over the prior year. The number of federal compliance reviews increased 21% to 9,712. State compliance reviews increased 19% to 5,454. Safety audits, which include hazardous material inspections and roadside inspections, increased 14% to 39,384.
Are you ready for a DOT audit? Environmental Resource Center can help you determine if there are any gaps that need to be closed before DOT shows up at your lobby.
Fatal Daytona Beach Wastewater Plant Explosion Caused by Inadequate Engineering and Lack of Public Worker Safety Coverage
At a public meeting in late December 2006, the U.S. Chemical Safety Board (CSB) released preliminary findings and heard testimony from experts regarding the January explosion that killed two municipal employees at the Bethune Point Wastewater Plant.
On January 11, 2006, two municipal workers died and another was seriously injured while using a cutting torch to remove a steel roof over a storage tank containing highly flammable methyl alcohol (methanol) at the Bethune Point Wastewater Plant, owned and operated by the City of Daytona Beach.
Methanol vapors coming from the tank vent were ignited by the torch used on the roof above. The flame then flashed back into the storage tank, causing an explosion inside the tank that led to multiple piping failures and a large fire that engulfed the tank and workers.
At the public meeting, the CSB investigative team presented key findings from the ongoing investigation. The team, led by Robert Hall, P.E., found that the City of Daytona Beach has no program to control hot work, such as welding or high-temperature cutting, at city facilities nor does the city require work plan reviews to evaluate the safety of non-routine tasks.
The team also found that the storage tank did not comply with National Fire Protection Association (NFPA) Code 30, Flammable and Combustible Liquids Code. The piping and valves attached to the tank were plastic (PVC) instead of steel, and they fractured after the initial explosion.
"If the facility had ensured that the tank complied with NFPA 30 by using steel piping and valves, this accident likely would not have resulted in the two fatalities. Plastic piping should not have been used for this process," said Investigator Hall.
Another investigation finding is that the tank's flame arrester–a safety device that prevents ignition inside a tank from an external fire–had not been inspected or cleaned since its installation in 1993. The flame arrester was constructed from aluminum, a metal that is not recommended for methyl alcohol service. By the time of the accident, the flame arrester was badly corroded and did not prevent flames from entering the tank and causing an explosion.
At the public meeting, an expert panel discussed the issue of worker safety regulations for Florida state and municipal employees. The panel included representation from the Florida Section of the American Industrial Hygiene Association, American Federation of State, County, and Municipal Employees, and the American Society of Safety Engineers.
The CSB investigation team found that since 2000 no Florida state laws or regulations exist to require municipalities to communicate chemical hazards to municipal employees. Florida municipalities are not covered by OSHA workplace safety standards, and no state or federal oversight of public employee safety exists in Florida.
The expert testimony will be considered as the CSB develops new safety recommendations to prevent similar accidents in the future. The final report and recommendations are expected to be released early this year.
$1.5 Million Penalty for Distributing Unregistered Genetically Engineered Pesticide
While the federal government has concluded that there are no human health or environmental concerns with Bt 10 corn, it is still illegal to distribute any pesticide not registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
"This action shows that when a company violates the law by distributing unapproved pesticides, EPA vigorously enforces the law," said Granta Y. Nakayama, EPA's assistant administrator for Enforcement and Compliance Assurance.
Late in 2004, Syngenta disclosed to EPA that it may have distributed the seed corn to the United States, Europe, and South America. Immediately following the disclosure, U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA) and EPA began an investigation and evaluation that confirmed the distribution of unregistered seed corn on more than 1,000 occasions. A penalty was assessed by USDA and the company destroyed all the affected seed under USDA supervision.
EPA filed the settlement with its Environmental Appeals Board (EAB). The EAB is the final EPA decision maker on permit, enforcement, and other administrative appeals under all major environmental statutes that the agency administers. If approved by the board, Syngenta will pay the penalty of $1.5 million.
EPA to Require Monitoring for Unregulated Contaminants
Approximately 4,000 public water systems will monitor drinking water for up to 25 unregulated chemicals to inform EPA about the frequency and levels at which these contaminants are found in drinking water systems across the country. The information will help determine whether regulations are needed to protect public health. This is the second scheduled review under the Unregulated Contaminant Monitoring Rule (2).
"Through continuous monitoring and research, EPA collects the information needed to make effective policy decisions," said EPA Assistant Administrator for Water Benjamin H. Grumbles. "Good policy is fundamental to protecting public health and the environment."
EPA currently has regulations for more than 90 contaminants. The Safe Drinking Water Act requires EPA to identify up to 30 contaminants for monitoring every five years. The first cycle, UCMR 1, was published in 1999 and covered 25 chemicals and one microorganism.
EPA selected the contaminants that will be monitored through a process that included a review of:
- EPA's Contaminant Candidate List, which contains priority contaminants that are researched to make decisions about whether regulations are needed. The contaminants on the list are known or anticipated to occur in public water systems. However, they are unregulated by existing national drinking water regulations
- Additional contaminants of concern based on current research about occurrence and various health-risk factors
- Costs for the five-year UCMR 2 will total about $44.3 million. EPA will conduct and pay for the monitoring for those water systems serving 10,000 people or fewer at a cost of $9 million.
Incentives Proposed for Clean Water Permit Fees
EPA's rule would allot up to three percent of state water pollution control grant funds to states that have adequate National Pollutant Discharge Elimination System (NPDES) permit fee programs.
"We encourage states to use permit fees for additional funding for their clean water programs," said EPA Assistant Administrator of Water Benjamin H. Grumbles. "A variety of tools and funding approaches are needed for a strong program, including having permitted facilities share the cost of keeping water clean."
The increased cost of administering water permit programs has prompted some states to levy permit fees to cover shortfalls. Certain states, however, still operate with little or no reliance on permit fees. The proposed NPDES Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula is designed to create financial incentives to prompt more states to implement adequate fee programs and shift part of the financial burden to those who benefit from the permits. It will also allow states to move funds to other critical water quality program activities.
The proposed rulemaking includes a 60 day public comment period.
EPA Webcast: Introduction to Nanotechnology - Applications and Implications for Superfund
On January 18, EPA is offering a webcast that will provide an introduction to definitions, forms and uses of nanotechnology. Superfund-related issues will be discussed including how these materials may be used to detect or treat contaminated media as well as recent efforts by the EPA, the National Toxicology Program (NTP), and the National Nanotechnology Initiative (NNI) to characterize the risks these materials may pose. The session will be moderated by Dr. William Suk, Director of SBRP at NIEHS.
Mercedes-Benz Agrees to Pay $1.2 Million Civil Penalty to Settle Clean Air Act Violation
Settlement Improves Mercedes’ Emission Defect Reporting
Mercedes-Benz USA and its parent corporation, DaimlerChrysler AG (Mercedes), have agreed to pay $1.2 million in civil penalties to resolve allegations that they violated the Clean Air Act by failing to promptly notify the EPA about defects in the air pollution controls installed on numerous 1998 to 2006 Mercedes model vehicles, the Justice Department and the EPA announced.
The Clean Air Act requires auto manufacturers to promptly inform the EPA of defects in emission-related components so that the government can consider whether the defect will cause emission standards to be exceeded and whether a recall is necessary. Both the complaint and the settlement were filed in the U.S. District Court in Washington, D.C.
In response to the EPA’s investigation into the matter, Mercedes began voluntary recalls for two of the defects at issue and notified owners that it would extend the warranty coverage to address a third defect, at an estimated cost of about $59 million. Under the terms of the consent decree, Mercedes will also be required to improve its emissions defect investigation and reporting system to ensure future compliance, at an estimated cost of approximately $1 million per year.
“Reliable and effective automobile pollution control systems are essential to protect human health and the environment from harmful automobile emissions,” said Sue Ellen Wooldridge, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “Mercedes’ failure to alert EPA to a number of defects in emission-related components over a multi-year period is a serious violation because it deprived EPA of the opportunity to promptly determine whether emission standards would be exceeded and whether to order a recall of any of these vehicles.”
"These defect reporting requirements are a critical part of EPA's program to reduce air pollution by ensuring that vehicles on the road comply with the Clean Air Act's emissions standards," said Catherine R. McCabe, principal deputy assistant administrator for the Office of Enforcement and Compliance Assurance.
The vehicles subject to the voluntary recalls and extended warranties have defective catalytic converters or defective air pumps. The voluntary recalls and extended warranty will reduce the emissions of harmful pollutants caused by the defects by over 500 tons cumulatively. These pollutants include non-methane hydrocarbons (NMHC), nitrogen oxides (NOx) and carbon monoxide (CO). NMHC and NOx are key ingredients in the production of ozone, a major contributor to cancer-causing smog. CO impairs breathing and is especially harmful to children, people with asthma, and the elderly.
Berkeley Transportation Charged for Transporting Hazardous Waste to Unpermitted Facility
Berkeley Transportation Co. was charged for knowingly transporting hazardous waste to a facility that was not permitted to accept it. The company is accused of twice shipping hazardous waste in 2004 from 155 Amaral St. in East Providence to a C-Line Transportation depot at 340 Jefferson Blvd., in Warwick, RI.
Amaral Street Associates had sold the property in East Providence and needed to get rid of the hazardous waste at the site. A partner and officer in Amaral Street Associates, Bradford Dean, is president of Berkeley Transportation. The trucking company hauled the waste off the East Providence site to the Warwick depot, which isn’t permitted to store hazardous waste.
The U.S. Attorney’s office will recommend an $80,000 fine, taking into account that Berkeley Transportation has offered to pay $35,000 to the Rhode Island DEM’s environmental response fund and to establish its own environmental compliance program.
The U.S. Attorney’s office is also recommending a three-year term of supervised release, to run concurrently. The maximum penalties for each count are five years in prison, a fine of up to $50,000 (twice the amount of the gain or loss from the offense), or up to $500,000, and three-years supervised release, plus a $400 mandatory special assessment.
Connecticut Issues New State Solid Waste Management Plan
The new plan urges the state to consider broad new approaches to dealing with waste, including:
- Dramatically increasing the rate at which waste is diverted from disposal by increasing the amount that is reused, recycled, and composted. The state’s current recycling rate is 30%. The goal as outlined in the new Plan is 58%.
- Maximizing resources to support and maintain infrastructure, partnerships, and education programs for recycling and waste reduction programs at the state and local level. This would ensure the state is properly recycling items already required to be recycled and making environmentally sound choices in items purchased (such as items made from recycled materials)
- Establishing a recycling program for electronics.
- Adding certain types of plastics as well as magazines to the list of mandated recyclables and increasing the volume of material available for recycling by expanding the bottle bill to include plastic water bottles.
- Continuing to support environmentally preferable purchasing by state government.
Projections show that by 2024 – if waste generation continues at the current rate – Connecticut will produce 5.2 million tons of municipal solid waste (MSW) – or the equivalent of 1.42 tons per person/per year or 7.7 pound per person/per day. If the recycling rate remained at the current rate of 30 percent, Connecticut would need to dispose of almost 3.7 million tons of MSW – an increase of almost one million tons from current levels.
The goals of the State Solid Waste Management Plan are as follows:
- Significantly reduce the amount of Connecticut generated solid waste requiring disposal through increased source reduction, reuse, recycling, and composting.
- Manage the solid waste that requires disposal in an efficient, equitable, and environmentally protective manner.
- Adopt stable, long-term funding mechanisms that provide sufficient state, regional, and local programs while providing incentives for increased waste reduction and diversion.
Connecticut currently generates about 3.8 million tons of MSW a year – which is the equivalent of 1.09 tons per person/per year or six pounds per person/per day. Connecticut’s long-range vision for solid waste management, as describes in the plan is to:
- Significantly transform the system of waste management into one based on resource management through collective responsibility for the production, use, and end-of-life management of products and materials .
- Shift from a "throwaway society" to one that reduces the amount and hazardousness of waste generated.
- Manage waste through a more holistic approach resulting in better conservation and the creation of less waste and pollution.
CEMEX to Pay for Significant Violations of Air Quality Permit
The Air Pollution Control Division of the Colorado Department of Public Health and Environment has resolved a significant air quality enforcement matter with CEMEX, Inc. for $1.5 million. The penalty stems from permit violations at the CEMEX portland cement manufacturing plant in Lyons, Colo.
The order cites CEMEX for failing to comply with numerous air quality permit conditions throughout 2004-2006. These include conditions relating to dust and opacity, as well as operating temperatures at the facility which can affect air emissions.
“The state takes these permit conditions very seriously" said Margie Perkins, outgoing director of the Air Pollution Control Division. "These permit conditions are very important, and are intended to ensure the facility does not generate dust and particles that can have a real effect on the community. The permit also requires the facility to operate at temperatures that ensure emissions are safe and protective of human health and the environment.”
The settlement also requires that a cash penalty be paid, that ambient air quality monitors be installed at the facility, and imposes a moratorium on the burning of tires as a fuel source for the facility through 2007.
"This is one of the largest enforcement matters the Air Pollution Control Division has ever completed and reflects the significant nature of CEMEX's violations," said Paul Tourangeau, incoming director of the Air Pollution Control Division.
"The state takes very seriously instances where facility operators are not vigilant, or are cavalier, about consistently adhering to the specific terms and conditions ascribed to the safe operation of their facility," added Tourangeau. "We have every hope that the magnitude of this enforcement matter is a catalyst for change in the way CEMEX has operated its Lyons facility and serves to benefit the community that lives in and around the CEMEX facility."
Test Your Sense about Water Efficiency
Which activity uses less water: a five-minute shower or a full bath? How can you test whether your toilet has a leak? How much of the earth's water is available for human use? The quiz was created by EPA's WaterSense program and provides an entertaining way for both adults and children to learn more about why it is important to save water and how to be more water efficient in your home.
To take the quiz, players must maneuver the water-efficiency hero Hydro through a maze while avoiding water-wasting monsters such as Sogosaurus and Drainiac. As Hydro, players must answer questions along the way that test their knowledge of water-using behaviors and common water-saving opportunities. Questions deal with water use in the kitchen, bathroom, laundry room, and yard.
WaterSense is a voluntary public-private partnership that identifies and promotes high-performance products and programs that help protect the future of our nation's water supply. The WaterSense program seeks to generate support for consumer use of water-efficient products such as water-saving faucets, certification activities for water industry professionals, and innovation in water-efficient product manufacturing.
New Jersey Environmental Crimes Bureau Continues Crackdown on Illegal Activity
Attorney General Stuart Rabner and Division of Criminal Justice Director Gregory A. Paw announced a new indictment charging an Atlantic County, N.J., contractor with illegally abandoning medical waste, as well as sentences in a separate case involving two Brick Township men who pleaded guilty to illegally dumping construction materials containing asbestos.
The indictment alleges that Conover was contracted by National Paramedical Services Corp. to provide phlebotomy services, which involved visiting patients at their homes to draw blood. According to the indictment, instead of properly disposing of the medical waste, Conover allegedly left medical waste behind when he moved out of his former residence on Market Street in Mays Landing. It is charged that Conover illegally abandoned labeled blood vials containing some blood, butterfly needles, straight needles, vaccutainer blood vials, gauze and prep pads. Some of the needles appeared to have blood on them as well.
“Illegal dumping harms our environment and poses a serious threat to public health in New Jersey,” said Attorney General Rabner. “We will continue to vigorously investigate and prosecute these crimes.”
In addition, the Environmental Crimes Bureau recently concluded the following related cases:
State v. Gary Griffin: Griffin, 50, of Brick, was sentenced on Dec. 8, 2006, to five years probation and ordered to pay more than $6,400 in restitution. The sentence followed Griffin’s Oct. 6, 2006, guilty plea to unlawful release of toxic pollutants. Griffin admitted that he knowingly stored more than 140 bags containing asbestos on his driveway on Eastern Lane in Brick. Many of the bags, which were from a renovation job a neighbor was doing, were leaking.
State v. Frank V. Marlowe: On Dec. 5, 2006, Marlowe, 30, of Brick, was sentenced to three years probation and ordered to pay $1,000 in restitution after pleading guilty on Sept. 28 to third-degree unlawful abandonment of toxic pollutants. Marlowe admitted that in May 2006, at Griffin’s request, he took several of the bags from Griffin’s driveway and dumped them on an empty lot on Larch Avenue in Jersey City. (
Attorney General Rabner noted that the key to a successful enforcement initiative against illegal dumpers must include the “eyes and ears” of neighborhood residents and community watch groups reporting suspicious activities. The DEP maintains a 24-Hour Environmental Hot Line – 877-927-6337– to receive reports of environmental crimes. Illegal dumping activity should also be reported to the Division of Criminal Justice at 609-984-4470, local police department or county prosecutor’s office.
Court Requires EPA to Reinstate Clean Air Act Ozone Regulations
A federal appeals court struck down an attempt by the EPA to weaken national rules limiting smog linked to asthma attacks, increased hospitalizations, and that puts millions of Americans at risk for respiratory problems. Earthjustice brought the court challenge on behalf of the American Lung Association, Environmental Defense, Sierra Club, and Natural Resources Defense Council.
"This decision is a victory for clean air," said Earthjustice attorney David Baron. "The air in some cities is sometimes so dirty that kids can't safely play outside. Health experts say we need stronger, not weaker limits on smog." Earthjustice argued that EPA's action made no sense because it came after the agency found that the previous ozone standard was too weak to protect public health. "The rule allowed more pollution in cities where the air was already unhealthy to breathe," said Baron. Cities that were at risk for increased pollution under EPA's action included Chicago, Houston, Milwaukee, New York, Atlanta, Baltimore, Baton Rouge, Philadelphia, Sacramento, Washington (DC), Beaumont-Port Arthur, Boston, Dallas, Providence, and San Joaquin Valley, CA, among others.
The 1990 Clean Air Act required stronger anti-smog measures in cities violating ozone standards, including limits on pollution from new and expanded factories, requirements for annual cuts in smog-forming emissions, and caps on truck and car exhaust. In 1997, EPA found that the then-existing 1-hour ozone health standard wasn't strong enough to protect health, and adopted a new 8-hour standard to provide greater protection. But the agency in 2004 adopted rules that weakened pollution control requirements for areas violating both the old and the new standard. That triggered the court challenge leading to the recent decision.
"As a doctor, I know that enforcing this provision of the Clean Air Act will save lives and prevent suffering by protecting millions of children and seniors from ozone-triggered illnesses."
The court also rejected EPA's decision to exempt many cities violating the new standard from the law's most protective requirements. EPA argued that it should have discretion to apply weaker protections to these areas, but the Court held that Congress – frustrated with past failures to meet standards – required a stronger approach.
Motorcycle Seat Manufacturer Fined $12,000 for Operating without Air Permit
The Massachusetts Department of Environmental Protection (MassDEP) has issued a $12,000 penalty to Mustang Motorcycle Products, Inc., of Three Rivers (Palmer) for violating the state's Air Pollution Control regulations.
On June 5, 2006, the company self-reported to MassDEP that it had been operating for approximately 18 months at its new location without an air quality permit. A subsequent inspection of the facility by MassDEP on June 6, 2006, confirmed the noncompliance.
The company, which cooperated fully with MassDEP to address the noncompliance by promptly submitting a permit application, will pay a penalty of $9,000. An additional $3,000 will be suspended pending the company's compliance with the terms of an agreement between the company and MassDEP.
"The installation and operation of equipment without an air quality permit is a significant violation, and if not for the self disclosure, the penalties would have been more severe," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield.
EPA Offers Monthly Webcasts for Watershed Practitioners
EPA's Office of Water's Watershed Academy is sponsoring free monthly webcasts for watershed practitioners from around the globe. On Wed., January 17, Chet Arnold from the University of Connecticut's Center for Land Use Education and Research, and others, will provide a thorough overview of the methods, impacts, and educational offerings of the Nonpoint Education for Municipal Officials (NEMO) program. NEMO is a national award-winning program of the University of Connecticut that educates local land use decision makers on the links between land use and water resource protection. In this session, the educational offerings, geospatial technology tools, and local impacts of the Connecticut program will be discussed. Registration for this webcast will open on January 10.
NJ and NY End Small Manufacturer Exemption for Architectural and Industrial Maintenance Coatings
The state of New York adopted new rules for architectural coatings that became effective January 1. The rule change eliminates the SME that had allowed for the manufacture of coatings with higher volatile organic compound (VOC) content than normally allowed. New Jersey has provisions to honor exemptions such as New York's SME and has done so while the SME provision existed. With New York's elimination of this exemption, SME will no longer apply in New Jersey.
The elimination of SME applies to the manufacture of new coatings on or after January 1, 2007 both in New Jersey and New York. However, the states differ in how they regulate the sale of coatings made prior to January 1 under a valid SME.
In New York, any coatings made under an SME must be sold by May 15. In New Jersey, there is no time limit by which coatings made under an SME may be sold. However, all such AIMs coatings must carry on their label the date of manufacture or date code as required by N.J.A.C. 7:27-23.5(a).
Effective January 1, New Jersey will no longer recognize SMEs approved by the State of New York. If you manufactured AIMs coatings under an SME authorized by New York state, cease such manufacture by January 1, 2007. Verify that all AIMs coatings at your facility are properly labeled and do not exceed the limits for VOCs as specified at N.J.A.C. 7:27-23 et seq. Contact your local solid waste facility to determine the proper means for disposal of waste coatings.
EPA Finalizes Effluent Guidelines Plan
After reviewing additional data and considering public comments on the preliminary effluent guideline plan published in August 2005, EPA has decided to conduct more focused detailed reviews in the 2007 and 2008 annual reviews for a select number of industrial sectors as part of the 2008 Plan: Steam Electric Power Generating, Coal Mining, Coalbed Methane Extraction, and Health Services including emerging pollutants such as pharmaceuticals.
“EPA’s effluent guidelines plan includes a comprehensive review of technology-based controls and a strategic roadmap for responding to data needs and emerging contaminants,” said Benjamin H. Grumbles, assistant administrator for Water.
Effluent guidelines are industry-specific national regulations that control the discharge of pollutants to surface waters and to publicly owned treatment works. EPA has issued effluent guidelines for 56 industries that prevent the discharge of more than 1.2 billion pounds of toxic pollutants each year.