Greenhouse gas (GHG) emissions could rise to 58 gigatonnes (Gt) by 2020—far above the level that many scientists say is needed to keep the global temperature rise they predict to less than 2?C this century. A new study, The Emissions Gap Report 2012, says that if the world stays on a business-as-usual trajectory, more drastic and expensive cuts will be needed after 2020. The report, released on November 21, was coordinated by the United Nations Environment Programme (UNEP) and the European Climate Foundation.
Previous scenario-based assessments have concluded that ambitious early action would keep the costs of meeting the two-degree target as low as possible. In such scenarios, emissions are projected to reach about 44 Gt or less in 2020 on average. However, emissions of warming gases like carbon dioxide are actually increasing each year worldwide. Total GHG emissions have risen from around 40 Gt in 2000 to an estimated 50.1 Gt in 2010. Delaying action also implies a greater risk of temperature rise exceeding two degrees, beyond which irreversible damage to the environment could occur, according to the report's authors.
The report noted that that bridging the emissions gap remains possible and efforts to do so should include increased energy efficiency in buildings, improved vehicle emissions standards, and continued growth of renewable energy.
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Upgrade Your Career: Environmental and Safety Consultant/Trainers
Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. You must have excellent writing and speaking skills. We currently have openings for a top-notch consultants with expertise in:
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You must have at least 2 years of experience in government or industry environmental and/or compliance and be able to immediately train the subject matter to both novices and experts. Strong consideration will be given to applicants who have experience presenting training on more than three of the topics listed above.
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BP Temporarily Suspended from New Contracts with the Federal Government
EPA announced that it has temporarily suspended BP Exploration and Production, Inc., BP PLC and named affiliated companies (BP) from new contracts with the federal government. EPA is taking this action due to BP’s lack of business integrity as demonstrated by the company's conduct with regard to the Deepwater Horizon blowout, explosion, oil spill, and response, as reflected by the filing of a criminal information. On November 15, 2012, BP agreed to plead guilty to eleven counts of Misconduct or Neglect of Ship Officers, one count of Obstruction of Congress, one misdemeanor count of a violation of the Clean Water Act, and one misdemeanor count of a violation of the Migratory Bird Treaty Act, all arising from its conduct leading to the 2010 Deepwater Horizon disaster that killed 11 people and caused the largest environmental disaster in US history.
For the Deepwater Horizon investigation, EPA was designated as the lead agency for suspension and debarment actions. Federal executive branch agencies take these actions to ensure the integrity of Federal programs by conducting business only with responsible individuals or companies. Suspensions are a standard practice when a responsibility question is raised by action in a criminal case.
The BP suspension will temporarily prevent the company and the named affiliates from getting new federal government contracts, grants, or other covered transactions until the company can provide sufficient evidence to EPA demonstrating that it meets Federal business standards. The suspension does not affect existing agreements BP may have with the government.
New Finance Models to Address Climate Change
The World Economic Forum and the United Nations Climate Change secretariat recently announced the launch of "Momentum for Change: Innovative Financing for Climate-friendly Investment,” an initiative that showcases successful public-private financing mechanisms and approaches to support climate change adaption and mitigation activities.
The initiative will inform governments, investors, business, public finance agencies and the media about practical ways and means to enable a global shift to environmentally and economically sustainable growth. It will be formally launched on December 6 during the United Nations Climate Change Conference, taking place in Doha, Qatar, from November 26 to December 7.
"It is clear that the private sector needs to deliver significant investments to put the world on a path to a climate-secure future," said Christiana Figueres, UNFCCC Executive Secretary. "However, given the scale of investment needed, the newness of technology solutions and the perception of risk that exists, the current level of investment is far too low. The public sector can help to unlock private finance and ensure supportive policy frameworks for climate-friendly investment."
"Momentum for Change: Innovative Financing for Climate-friendly Investment" builds upon the results of the larger Momentum for Change initiative by the United Nations Climate Change secretariat, which was launched at last year's United Nations Climate Change Conference in Durban, South Africa, to highlight public-private partnerships that are addressing climate change, and have the potential to be expanded and replicated.
"The World Economic Forum is pleased to be working with the United Nations Climate Change secretariat to help document and share successful public-private models that deliver innovative finance to address climate change, one of the most pressing global challenges that we face," added B?rge Brende, Managing Director of the World Economic Forum.
The initiative will also benefit from the World Economic Forum's Green Growth Action Alliance, which includes over 50 of the world's largest energy companies, international financial institutions and development finance banks working to deliver greater investments into clean energy, transportation, agriculture and other green investments.
Developing countries are forecast to represent over 60% of global GDP by 2030. However, given growing environmental and resource challenges such as climate change and water security, the imperative for shifting development onto a resource-efficient growth pathway is increasingly clear. Governments can use strategically targeted public monies and policies to address the risks faced by private investors, resulting in a significant increase in private capital flows for climate-friendly development.
Journalists accredited to the UN Climate Change Conference in Doha are invited to the launch event of the partnership on 6 December at 13.00 at the Qatar National Convention Centre in Doha.
The new initiative will be delivered in collaboration with the Green Growth Action Alliance, launched at the 2012 G20 Summit with Mexican President Felipe Calder?n as Chair and the World Economic Forum as secretariat.
EPA Recommends New Recreational Water Quality Criteria to Better Protect Public Health
Pursuant to an order from a US District Court and as required by the Beaches Environmental Assessment and Coastal Health Act of 2000, EPA recently recommended new recreational water quality criteria for states that will help protect peoples’ health during visits to beaches and waters year round. The science-based criteria provide information to help states improve public health protection by addressing a broader range of illness symptoms, better accounting for pollution after heavy rainfall, providing more protective recommendations for coastal waters, encouraging early alerts to beachgoers and promoting rapid water testing. The criteria released recently do not impose any new requirements; instead, they are a tool that states can choose to use in setting their own standards.
The criteria provide states and communities with the most up to date science and information that they can use to determine whether water quality is safe for the public and when to issue an advisory or a beach closure. EPA has provided a variety of other tools to help states evaluate and manage recreational waters.
The new criteria are based on several recent health studies and use a broader definition of illness to recognize that symptoms may occur without a fever, including a number of stomach ailments. EPA also narrowed from 90 days to 30 days the time period over which the results of monitoring samples may be averaged. This produces a more accurate picture of the water quality for that given time, allowing for improved notification time about water quality to the public. This shortened time period especially accounts for heavy rainfall that can wash pollution into rivers, lakes or the ocean or cause sewer overflows.
The strengthened recommendations include:
- A short-term and long-term measure of bacteria levels that are to be used together to ensure that water quality is properly evaluated.
- Stronger recommendations for coastal water quality so public health is protected similarly in both coastal and fresh waters.
- A new rapid testing method that states can use to determine if water quality is safe within hours of water samples being taken.
- An early-alert approach for states to use to quickly issue swimming advisories for the public.
- Tools that allow states to predict water quality problems and identify sources of pollution, as well as to develop criteria for specific beaches.
New Haven Company Will Pay Penalty for Hazardous Waste Violations
A New Haven, Connecticut company that makes door hardware has agreed to pay $39,705 to settle EPA’s claims that it violated state and federal hazardous waste laws.
The Sargent Manufacturing Company violated state hazardous waste laws as well as the federal Resource Conservation and Recovery Act (RCRA). These laws are designed to help protect public health and the environment by promoting the proper management of hazardous wastes.
The complaint grew out of an inspection of the facility in March 2011 by EPA. Sargent violated RCRA by failing to: have an adequate hazardous waste training program, close containers of hazardous waste, maintain adequate aisle space between containers of hazardous waste, mark containers with the date that accumulation of hazardous waste began, update and submit a revised contingency plan to local authorities, and otherwise manage hazardous waste in accordance with the requirements.
Sargent’s failure to have an adequate hazardous waste training program increased the likelihood that wastes generated may not be properly managed and that Sargent personnel may not be able to adequately coordinate all emergency response measures in the event of emergency.
After the inspection, Sargent brought its facility into compliance with state and federal waste management laws.
Connecticut Company Will Provide Emergency Response Equipment to Settle Environmental Concerns
The Miller Company, Inc., of Meriden, Connecticut has agreed to spend $25,000 to purchase and provide emergency response equipment for the Meriden Fire Department under a settlement with EPA for claims that the company violated the Clean Water Act (CWA) and federal regulations designed to prevent oil spills from reaching waterways.
The “supplemental environmental project” will improve the fire department’s ability to respond to oil spills and other releases, which will help protect the environment and public health as well as enhance the safety of first responders. As part of the settlement, the company will also pay $7,500.
The Miller Company manufactures copper base alloys at its Meriden facility. According to the EPA complaint, the facility has a total oil storage capacity of over 50,000 gallons. On December 21, 2010, an oil sheen was discovered in Harbor Brook, approximately 1.25 miles from the company’s facility. Subsequent investigations by the company, the Connecticut Department of Energy & Environmental Protection, and by EPA identified the source of the oil spill as an overfilled tank at the company’s facility.
EPA’s complaint asserts that the company violated the Clean Water Act by discharging a harmful quantity of oil into Harbor Brook, and for failing to fully maintain and implement a Spill Prevention, Control and Countermeasure (SPCC) plan, as required by the Clean Water Act and Oil Pollution Prevention regulations.
The oil spill prevention regulations require that specific preventative measures be taken at facilities that store more than 1,320 gallons of oil, and which could reasonably be anticipated to release oil products into nearby surface waters or shorelines. These regulations help ensure that tank failures or accidental spills do not lead to oil contamination of surface waters, such as rivers or streams, which could harm human and ecological health.
Cottonwood Paving and Asphalt Company Violates Federal Clean Air Laws
Valley Paving & Asphalt, Inc., operated asphalt mixing equipment on the Nez Perce Reservation in Idaho and released air pollutants without an authorized Clean Air Act permit, according to a settlement between the company and EPA. The company is based in Cottonwood, Idaho.
“The law requires companies that produce air pollution get the proper permits before they start work,” said Kim Ogle, Manager of the Inspection and Enforcement Unit at EPA’s Seattle office. "Permits are fundamental to protecting people and the air they breathe, and companies need to play by the rules.”
The company operated the asphalt mixing equipment for paving roads on the Nez Perce Reservation in Idaho in September 2011 without a required permit. In addition, the company did not submit an annual registration report to EPA under the Federal Air Rules for Reservations. Asphalt mixing machines and similar equipment release pollutants that are regulated by the Clean Air Act. EPA Region 10 is the Clean Air Act permitting authority on tribal reservations in Idaho, Oregon, and Washington.
The company has agreed to pay $36,360 to settle the violations.
EPA Settles Clean Water Act Case for Wetlands Violations in West Virginia
EPA recently announced that it has entered into a Clean Water Act administrative consent agreement and final order (CAFO) with PDC Mountaineer, LLC, (PDCM) to resolve violations involving construction activities at Marcellus Shale gas extraction facilities in northern West Virginia.
The settlement requires PDCM to pay a penalty of $177,500. Also, the company is restoring and/or completing mitigation projects at four sites pursuant to three separate CWA administrative orders incorporated into the CAFO.
EPA conducted two site inspections on December 11, 2011, and March 28, 2012 at the D’Annunzio Well Pad and the Hudkins Well Pad in Harrison County, West Virginia, Section 404 of the Clean Water Act requires persons wishing to discharge fill material into wetlands or streams to obtain a permit from the US Army Corps of Engineers. In this case, the company failed to apply for or receive a Section 404 permit. In addition, information subsequently provided by the company revealed more violations along the course of two pipelines, which will ultimately transport gas, extracted by PDCM.
Unpermitted activities included the filling, relocating, and placement of culverts in streams and the filling of wetlands. The violations at the four sites resulted in adverse impacts to nearly an acre of emergent and forested wetlands. There are permanent impacts to more than 1,500 linear feet of stream, and temporary impacts to more than 3,000 linear feet of streams. Mitigation for the wetland and stream impacts includes a combination of restoration, mitigation, and the purchase of wetland credits from a mitigation bank. The affected wetlands and streams ultimately flow into the West Fork River, which is part of the Monongahela River Basin.
Wetlands are a scarce resource in West Virginia, occupying less than 0.4% of West Virginia’s land surface area. Since 1780, over 24% of West Virginia’s wetlands have been lost. Wetlands are vital to protecting the integrity of rivers and estuaries by providing a natural filtration system for pollution before it gets into rivers, lakes and ponds, and by preventing flooding after storms. They also provide important fish and wildlife habitat. While progress has been made in recent years to reverse the trend, wetlands continue to be threatened.
The streams involved in this case were mostly headwater streams, the small creeks and streams that are the origin of most rivers. Headwater streams function to store floodwater, reduce sediment, and provide an important source of freshwater dilution to downstream waters.
EPA Settles with Olympic Fruit Company for Federal Risk Management Violations
Olympic Fruit Company failed to meet risk management requirements under the Clean Air Act, according to a settlement with EPA. As part of the settlement, the company will pay a penalty of $33,964 and upgrade its safety equipment. Olympic Fruit Company is based in Union Gap, Washington.
Under the Clean Air Act, a facility that handles large amounts of chemicals is required to develop a risk management program to assess the safety hazards associated with dangerous chemicals. The program must include accident prevention and an emergency response plan to deal with an accidental chemical release to protect the lives of workers, responders, and nearby residents.
Olympic Fruit Company uses more than 10,000 lb. of anhydrous ammonia, one of the most potentially dangerous chemicals used in refrigeration and agriculture. Ammonia gas can severely burn the skin, eyes, throat, and lungs, and with high enough exposure, can cause death.
In addition to the penalty, the company will spend at least $40,659 to install new ammonia detection sensors, safety shut-off valves, and an emergency pressure control system. The company will also purchase a hand-held ammonia detector for the East Valley Fire Department that will reduce the risks of exposure to ammonia for emergency responders. These safety systems will allow a more immediate and effective response in the event of an accidental release of ammonia, and reduce the risk of a release of ammonia into the environment.
Settlement Repays Cleanup Costs for Whitman Cistern Site in Massachusetts
EPA has reached a settlement with two related companies for reimbursement of EPA’s past costs for the remediation of contamination at the Whitman Cistern Site, located in Whitman, Massachusetts. The settlement, recently lodged in US District Court, requires Brown Shoe Co., Inc., and Brown Group Retail, Inc., to pay $450,000.
The Site is an undeveloped 20-acre lot, located south of 401 South Avenue in Whitman, Massachusetts. The former buildings at the Site were demolished about 1973. The Site is adjacent to an eastern tributary of the Shumatuscant River, also known as Beech Hill Brook. Regal Shoe, Co., manufactured shoes at the Site from about 1903 to 1954, when the company merged into Brown Shoe, Co. Shoe manufacturing continued at the Site for several more years under different ownership. The liability of the later owners eventually passed to Brown Group Retail, Inc., through a series of mergers. The Site is not listed on the Superfund National Priorities List.
Between December 2005 and June 2006, EPA conducted a removal action to address hazardous substances, including polycyclic aromatic hydrocarbons, lead, and mercury, which posed threats to human health and the environment. Specifically, EPA removed about 2,800 tons of contaminated soils, demolished and removed three interconnected settling tanks or “cisterns,” and removed about 10,000 gallons of contaminated sludge contained within the cisterns.
Energy Department Announces $10 Million for Solar Projects
The Energy Department on November 19 announced a $10 million investment in 10 small business-led projects to speed solar energy innovation. The funding through the Department's SunShot Initiative will go to projects in Arizona, California, Massachusetts, New Hampshire, New Jersey, and Pennsylvania. The projects will help reduce the total installed cost of solar energy systems and strengthen US leadership in the solar energy industry.
The projects selected will advance a range of solutions, including improvements in photovoltaics, energy storage, balance of system hardware, and power electronics, as well as streamlined connection to the power grid. For example, New Jersey-based Qado Energy is leading a project to commercialize a computing platform that reduces the costs of connecting to the utility grid, decreases wait times for connection, and lowers developer financing costs. And California-based QBotix is building an advanced robotic controller that can travel between solar trackers and automatically adjust them to follow the sun. The SunShot Initiative is a collaborative national effort to make solar energy cost-competitive with other forms of energy by the end of the decade.
Connecticut Reuse Marketplace Launched
The Connecticut DEEP is pleased to announce its participation in the newly launched Reuse Marketplace —a web-based resource to Capture Value, Exchange Reusable Items, Save Money & Reduce Waste. The Reuse Marketplace () is a free regional website that businesses, municipalities, institutions, and organizations can use for posting or obtaining reusable or surplus materials that would otherwise be disposed as trash. It’s is a quick and efficient way to manage surplus or gently used goods, which saves money and reduces waste disposal throughout Connecticut and the northeast region.
Businesses, institutions, governments, and non-profit organizations in the states of Connecticut, Delaware, Massachusetts, New Jersey, New York, Rhode Island, and Vermont can become members by creating free accounts and posting listings for available items. Members may also post detailed wanted listings, specifying the type(s) of items they need. While anyone can browse and access the posted items, only members can post items to offer. Actual exchange transactions are carried out directly between interested parties.
As a regional materials exchange, the Reuse Marketplace replaces individual state materials exchanges and allows for material flow across state borders. The Marketplace includes more than 30 categories of items ranging from agricultural to textiles, as well as more than 60 related subcategories. The site is intended to help businesses, institutions, governments, and non-profits reduce waste and save money on trash disposal by finding new owners for their unwanted items.
The Reuse Marketplace site administrator is The Northeast Recycling Council (NERC) ), a regional non-profit dedicated to an environmentally sustainable economy through source and toxicity reduction, reuse, recycling, and green purchasing. NERC is responsible for reviewing the site membership requests and all listings prior to them being posted. The Reuse Marketplace website was designed by iWasteNot Systems ()
Reuse is an important part of managing solid waste and a productive economy that advances waste reduction by keeping goods and materials out of the waste stream. With few exceptions reuse is more effective than recycling in creating less air and water pollution, and reduces the strain on valuable resources, such as fuel, forests, and water supplies, which helps safeguard wildlife habitats.
Yuba County Shines in Energy Savings
The County of Yuba, California, is saving energy and money thanks to federal funds.
More than 3,000 interior and exterior lights, including streetlights, were retrofitted to energy efficient technologies. County-owned buildings including the Yuba County courthouse and government center switched to low-wattage fluorescent lights and electronic ballasts. 230 occupancy sensors designed to turn off lights when offices are not in use were also installed.
Streetlights were retrofitted with Light Emitting-Diodes (LED) a technology that uses less energy and is longer lasting. The lighting upgrades will reduce the county's energy use and maintenance costs and enhance the quality of lighting for residents.
Variable frequency drives (VFD) in the courthouse's air conditioning system were replaced with new, efficient models. VFDs electronically control and regulate the amount of energy used by the air conditioning unit.
The county of 72,000 residents is expected to save 470,052 kilowatt hours or $61,107 in energy costs yearly and reduce its greenhouse gas emissions by 16 tons annually.
Completed in June, the Yuba County project was paid for by a $328,900 grant from the Energy Efficiency and Conservation Block Grant program of the US Department of Energy under the American Recovery and Reinvestment Act.
Los Angeles Water Board Cracks Down on Sanitation Districts
The Los Angeles Regional Water Quality Control Board’s (Los Angeles Water Board) Executive Officer has issued an administrative civil liability complaint to the County Sanitation Districts of Los Angeles County (CSDLAC) for alleged violations of waste discharge requirements for its Valencia and Saugus Water Reclamation Plants.
The complaint seeks a total penalty of $280,250 for the failure to complete Wastewater Facilities Plans and Programmatic Environmental Impact Reports by the required due date in 2011.
CSDLAC is required to submit the documents as part of a series of implementation tasks designed so that the Valencia and Saugus Water Reclamation Plants will meet waste load allocations for chloride in the Upper Santa Clara River.
The Upper Santa Clara River Total Maximum Daily Load for chloride was adopted in 2005 and updated in 2010 to protect the beneficial uses of the Santa Clara River, which include agricultural supply, groundwater recharge, and rare and endangered species habitat.
"The Los Angeles Regional Water Quality Control Board is committed to ensuring that all dischargers comply with the requirements of their permits,” said Water Board Executive Officer Sam Unger. “This will protect and restore water quality and preserve the beneficial uses of the Santa Clara River as a source of irrigation water for agriculture in the Los Angeles Region.”
The public has until December 26, 2012, to comment on the administrative civil liability complaint. The complaints are available for public review on the Los Angeles Water Board’s website at:
The Los Angeles Water Board protects and restores water quality in coastal watersheds in Los Angeles and Ventura Counties and in portions of Kern and Santa Barbara counties. The Los Angeles Water Board is scheduled to consider the complaints on February 21, 2013
Patrick-Murray Administration Establishes Framework to Better Protect Water Resources
The Patrick-Murray Administration recently unveiled a new plan to better protect the Commonwealth's water resources by encouraging prudent use of water to balance the need for water consumption and increased economic development with the ecological health of the water body.
The framework, known as the Sustainable Water Management Initiative (SWMI), was released by the Massachusetts Office of Energy and Environmental Affairs (EEA) and its agencies with the goal of maintaining healthy rivers and streams and improving degraded water resources over time.
"This initiative will substantially improve our management of water, provide greater balance between human needs and aquatic habitat, and both support and drive beneficial economic development policy," said Governor Deval Patrick.
Massachusetts receives 44 inches of precipitation in an average year, which most of the time provides the Commonwealth with enough water to meet the needs of people and the environment. However, this rainfall is not evenly distributed throughout the year, so during months of less-than-average rainfall or periods of drought, this amount of water does not meet both the wide variety of human and ecological needs and in some extreme cases, streams and rivers run dry. Also, disputes between stakeholders over how the state allocates water have led to costly litigation, long delays, and lack of certainty in water withdrawal permit decisions.
"It is vitally important to manage the water resources of the Commonwealth so that there is enough for the many and oft-times competing long-term needs of our communities, as well as our aquatic ecosystems," said EEA Secretary Rick Sullivan. "This system protects the resource for both human enjoyment and ecological health."
The final SWMI framework is a plan that will, for the first time, put in motion regulations that implement "stream-flow" criteria, which are science-based standards to ensure that streams do not dry up. In addition, the framework establishes a safe yield requirement that can be applied consistently and clearly across the Commonwealth. This is a vast improvement over the state's current water withdrawal permitting process.
"The SWMI framework marries science to good public policy, recognizes the good initiatives that many of our communities have undertaken to conserve water, and will result in clear and predictable standards to encourage other communities to make sound investments in sustaining their water resources," said Massachusetts Department of Environmental Protection (MassDEP) Commissioner Kenneth Kimmell.
"The Department of Fish and Game (DFG) appreciates the time and expertise devoted by many stakeholders to work with us to develop proposed stream-flow criteria to meet the water needs of our citizens and our aquatic life," said DFG Commissioner Mary Griffin.
"SWMI will allow the state to work cooperatively with municipalities to balance future water needs and the conservation of the Commonwealth's natural resources," said Department of Conservation and Recreation Commissioner Edward Lambert.
The framework uses a US Geological Survey (USGS) peer-reviewed scientific model to better understand the relationship between water withdrawals and the health of streams and rivers, and to flag water basins that have been impacted by large water withdrawals and other human alterations. EEA and its agencies used the results of the USGS study to develop a method of categorizing habitats in the water sub-basins based on present natural and manmade conditions, including water withdrawals. As a result of these efforts, the SWMI framework includes:
Biological Categories: a categorization of the current condition of Massachusetts' water sub-basins as affected by certain human alterations.
Safe Yield: an element of MassDEP Water Management Act (WMA) permitting that limits the amount of water that can be withdrawn from a basin, includes an environmental protection factor, and is linked to stream-flow criteria.
Science-based Stream-flow Criteria: to protect ecological uses and fish and wildlife by specifying flow alteration goals for rivers and streams, and corresponding mitigation requirements when water withdrawals impede these goals.
Clear Permitting Pathway: Permitting categories or "tiers" that describe proposed requirements associated with seeking a water withdrawal permit and generally require mitigation if the withdrawal amount is significantly increased or minimization if it occurs in an impaired water basin.
This initiative is intended to encourage communities that have not already done so to make investments in water conservation, thereby saving money and making their local environment more attractive for residents. In situations where more water is needed by a supplier, the mitigation requirement will be fair and reasonable, and focused on water efficiencies and efforts to keep water discharged to the environment within its current watershed basin.
In order to further inform the agencies and water suppliers on how the framework will be implemented, four pilot projects—in Amherst, Danvers-Middleton, Dedham-Westwood, and Shrewsbury—were set up to test the on-the-ground impacts of the proposed framework and incorporate the lessons learned.
The SWMI effort that was launched in the fall of 2009 included a robust stakeholder process. In that time, 15 SWMI Advisory Committee meetings were held, along with 18 technical subcommittee meetings, and 15 workgroup meetings as the participants reviewed and debated the best available ideas to address water withdrawals.
EEA also has approximately $11 million committed to assist communities and water suppliers in implementing the new water withdrawal requirements.
The Commonwealth's goal is to have final regulations in place by December of 2013. But first the draft regulations being developed now will take into account the information derived from the four community pilot projects, and will be subject to full public review and comment. To accompany this effort, and to provide greater clarity to the permitting process, the state will develop a guide or handbook to the regulations that will incorporate the various SWMI elements to make the transition smooth and predictable.
East Boston Auto Repair Shop Owner Ordered to Clean Up Hazardous and Solid Waste Impacting Vital Wetlands
The owner of an auto repair business in East Boston has been ordered to clean up petroleum contamination and solid waste impacting vital state-owned wetlands adjacent to his property and pay more than $170,000 to the Commonwealth, Attorney General Martha Coakley announced recently.
Manuele Scata, owner of D & M Auto Doctor in East Boston, had previously signed consent orders with the Massachusetts Department of Environmental Protection (MassDEP) in 2005 and 2006, agreeing to clean up the petroleum contamination on his property at 1181 Bennington St., but failed to perform any meaningful work under either of these orders. Scata’s property borders the Belle Isle Marsh Reservation, Boston’s last remaining salt marsh, which is managed by the Massachusetts Department of Conservation and Recreation (DCR).
“By failing to meet his commitments to the MassDEP time and again, the property owner has put the public at serious risk due to the contamination on his property,” AG Coakley said. “We are pleased that the court has officially ordered him to eliminate the contamination that is impacting this valuable natural resource.”
“With this decision, the court has sent a clear message that property owners cannot ignore their environmental cleanup responsibilities,” said MassDEP Commissioner Kenneth Kimmell. “We look forward to the site finally being properly cleaned up.”
According to the final judgment, issued on November 15 at Suffolk Superior Court, Scata has been ordered to remediate the gasoline-contaminated soil and groundwater contamination on his property, remove construction and demolition debris that was dumped in the Belle Isle Marsh Reservation, pay $170,000 in civil penalties to the Commonwealth, and close to $10,000 in fees and costs.
During an inspection of the property in 2010, MassDEP discovered construction and demolition debris located in the wetlands. The investigations also revealed hazardous waste storage violations at the property.
In May, the AG’s Office filed suit on behalf of MassDEP, seeking civil penalties and reimbursement for costs incurred and fees owed to them, as well as an order requiring Scata to clean up his property and comply with hazardous waste storage laws, but Scata did not respond or comply.
In addition to entering the final judgment, the court specifically found that Scata also violated the Wetlands Protection Act, the Solid Waste Management Act, and the Hazardous Waste Management Act.
Trustee of Harvard's Hillside Garage Assessed $19,937 Penalty for Failing to Cleanup Site Contamination
The MassDEP has penalized the Thirty-six Ayer Road Realty Trust and Trustee Scott Evans $19,937 for failing to clean up contamination at the trustee's business, Hillside Garage in Harvard.
In 2008 and 2009, MassDEP was notified of two separate, historic releases of gasoline and oil at the garage site, located at 36 Ayer Road. In September 2009, MassDEP issued a Notice of Noncompliance (NON) to Mr. Evans for failing to assess the initial release, as required. When MassDEP did not receive a response to the NON, an audit inspection was conducted in July 2011, at which time, it was determined that contaminated soil had been excavated in 2009 and remained stockpiled on-site. Following MassDEP's inspection, Mr. Evans hired a Licensed Site Professional (LSP) and properly disposed of the stockpiled soil. The LSP also assisted Mr. Evans by applying for funds from the state-administered Underground Storage Tank Petroleum Product Cleanup Fund (the 21J fund) to defray cleanup costs.
In a consent order with MassDEP, Mr. Evans will pay $1,000 of the assessed penalty with the balance suspended, contingent upon conducting the required cleanup actions and pending a determination of 21J fund eligibility or demonstration of the trust's financial inability to pay for the cleanup.
"Waste sites need to be cleaned up as required by state laws, but MassDEP also understands and appreciates the financial burden that cleanups can pose on small businesses,” said Lee Dillard Adams, director for MassDEP's Central Regional Office in Worcester. "Mr. Evans is working to ensure the cleanup at Hillside Garage continues."
DEC Issues Final Water Withdrawal Regulations
New York's waters and the Great Lakes will be better protected by regulations requiring a state permit for the withdrawal of large volumes of the state's water. The New York State Department of Environmental Conservation (DEC) has finalized these regulations, and they will be effective April 13, 2013, DEC announced recently. The regulations limit water withdrawals greater than 100,000 gallons per day and expand the water withdrawal permitting program to include withdrawals for purposes beyond public water supply, such as those for commercial, manufacturing, and industrial activities.
"Governor Cuomo signed this legislation to foster responsible conservation practices and economic growth while protecting water bodies and wildlife habitats," DEC Commissioner Joe Martens said. "The regulations will allow the state to protect the environment while promoting economic growth and addressing droughts."
The permitting process will ensure a continued water supply to existing municipal, agricultural and industrial users, and will help identify areas that could support new water-dependent businesses. Specifically, the regulations require approval before operating or proposing a system with the capacity to withdraw 100,000 gallons or more per day of surface and groundwater.
The first set of permit applications is due on June 1, 2013. The regulations are being issued now so businesses will have adequate time to comply. DEC will collaborate with stakeholders on implementation and conduct outreach to guide applicants.
Permits will not be required for new public water supply systems with the capacity to withdraw less than 100,000 gallons per day. However, all smaller withdrawals for public water supply will still need to comply with water pollution control laws, state Department of Health regulations and state environmental quality review (SEQR) requirements, as applicable.
Some withdrawals are exempt from permitting. For example, agricultural withdrawals that were properly registered or reported to DEC on or before February 15, 2012 need only to continue to annually register and report these withdrawals.
Implementing a permitting, registration, and reporting program for water withdrawals of 100,000 gallons per day or larger also implements New York's commitment under the Great Lakes-St. Lawrence River Basin Water Resources Compact to create a regulatory program for water withdrawals in the Great Lakes Basin.
Washington Moving Forward to Create Recycling Program for Mercury Lights
The Washington Department of Ecology (Ecology) has adopted a rule necessary to carry out the state’s Mercury-Containing Lights Product Stewardship Program. Under a law passed in 2010, consumers of mercury-containing lights such as fluorescent tubes and compact fluorescent bulbs will be able to recycle them safely, conveniently, and at no cost.
The law creates a producer-financed product stewardship program to collect, transport and recycle residential lights, beginning January 1, 2013.
As more people switch to energy-efficient lighting that contains mercury, disposal of these lights creates environmental problems. It’s unsafe to discard burnt-out (spent) fluorescent lights in the trash. The law also makes this illegal beginning January 1.
The rule guides and clarifies how the product stewardship program will be carried out. It covers:
- How producers will fully fund the program, including Ecology’s administration, enforcement, and oversight costs
- Program requirements, such as product stewardship plan, outreach and education efforts, and annual reporting requirements
- Requirements for collecting, transporting, processing, and recycling of mercury-containing lights
- The department enforcement processes
Broken fluorescent lights expose workers, residents and children to toxic mercury vapors. Mercury is a potent neurotoxin. Releasing it into the environment is a threat to public health.
Proper recycling of spent lights reduces the release of mercury into the environment—and allows the glass, metals, and other components in these lights to be put to new uses.
Report Finds Water Pollution in Florida Costs up to $10.5 Billion, Annually
In the first comprehensive review of its kind, the Stockholm Environment Institute (SEI), based at Tufts University, has released a white paper entitled Valuing Florida's Clean Waters. The paper finds that algae and red tide outbreaks caused by water pollution cost Floridians between $1.3 billion and $10.5 billion each year.
The EPA will soon decide whether to accept a state-written water pollution plan (which clean water advocates say won’t do the job) or to step in with stronger federal rules and enforcement.
Download and read the white paper.
SEI researchers compiled data from dozens of studies and assessments to come up with the valuation of environmental services provided by clean water for Florida.
Among the findings of “Valuing Florida's Clean Waters”:
- Clean water directly consumed by humans, wildlife, and agricultural operations generates more than $7 billion in value each year for Florida
- Clean freshwater and marine ecosystems attract more than $67 billion in tourism and recreational spending each year in Florida
- Clean marine and coastal water provide habitat and recreational opportunities including a significant fishing industry, which adds $4.3 billion to Florida's economy, annually
The Florida Department of Environmental Protection had assessed just 20% of the river miles in the state and found 53% had pollution-related impairment
FDEP assessed 54% of lake and reservoir acres and found 82% had pollution-related impairments
Florida's springs have dangerously high levels of nitrates. The iconic Silver Springs has reached a nitrate level 1,000 times normal levels and is still rising. Florida's springs and groundwater are being polluted by inadequately treated sewage, manure, and fertilizer.
Harmful algae outbreaks can have dramatic impacts on water-centric and tourist destinations. Even one harmful algae outbreak may very well cause visitors to avoid a region, or even the state of Florida as a whole.
According to the Stockholm Environmental Institute:
Florida Today reported that an algae outbreak in the Indian River Lagoon cost the region's economy up to $10,000 for every acre of seagrass it smothered. During a seven-month outbreak last year, an estimated 31,600 acres of seagrass were destroyed, and the area's sport and commercial fishing industry lost up to $316 million.
EPA Recognizes Seven Communities for Smart Growth Achievement
EPA recently recognized seven communities with its 2012 National Award for Smart Growth Achievement. The Smart Growth awards are given for creative, sustainable initiatives that better protect the health and the environment of our communities while also strengthening local economies.
The 2012 award winners are being recognized in four categories: Overall Excellence in Smart Growth, Equitable Development, Main Street or Corridor Revitalization, and Programs and Policies. Specific initiatives include improving transportation choices, developing green, energy-efficient buildings and communities, and providing community members with access to job training, health and wellness education, and other services.
The 2012 National Award for Smart Growth Achievement winners are:
Overall Excellence–Winner
BLVD Transformation Project, Lancaster, California
Equitable Development –Winner
Mariposa District, Denver, Colorado
Main Street or Corridor Revitalization–Winner
The Cooperative Building, Brattleboro, Vermont
Programs and Policies–Winner
Destination Portsmouth, Portsmouth, Virginia
Equitable Development–Honorable Mention
Northwest Gardens, Fort Lauderdale, Florida
Main Street or Corridor Revitalization–Honorable Mention
Larkin District, Buffalo, New York
Programs and Policies–Honorable Mention
Bay Area Transit-Oriented Affordable Housing Fund, San Francisco, California
This year’s winners and honorable mentions were selected from 47 applicants from 25 states. The winning entries were chosen based on their effectiveness in creating sustainable communities; fostering equitable development among public, private, and nonprofit stakeholders; and serving as national models for environmentally and economically sustainable development.
EPA created the National Award for Smart Growth Achievement in 2002 to recognize exceptional approaches to development that protect the environment, encourage economic vitality, and enhance quality of life. In the past 11 years, 54 winners from 26 states have shown a variety of approaches that states, regions, cities, suburbs, and rural communities can use to create economically strong, environmentally responsible development. EPA’s Office of Sustainable Communities manages the awards program.
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Trivia Question of the Week
The amount of energy that is saved for every 1000 lb. of aluminum cans recycled is equivalent to how many gallons of gasoline?
a. 500 gallons
b. 1,250 gallons
c. 250 gallons
d. 100 gallons