US National Lead Poisoning Prevention Week Goes Global

 More than 35 countries from across the world will take action and hold public awareness activities during this week.

“This year’s theme, ‘Lead-Free Kids for a Healthy Future,’ underscores the importance of testing your home for lead and understanding how to prevent harmful exposures. Given that lead impacts children around the world, we are pleased to help National Lead Poisoning Prevention Week go global this year,” said Jim Jones, EPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention. “Joining with other countries to raise awareness about protecting children from the harmful exposure to lead will have a long-term positive effect on the health of children worldwide.”

This year, the partners will work to raise awareness about lead paint poisoning worldwide and the need to eliminate lead in paint. The goal during this International Week of Action is to reduce lead exposure and raise public awareness through activities that will take place in more than 35 countries. EPA translated educational materials on the hazards of lead poisoning and provided customized materials for international activities and events.

Examples of international activities include:

• National outreach campaigns conducted by the Georgian and South African governments
• A medical professionals’ conference in India
• The release of a report on the lead content of household paints offered for sale in the Philippines
• Outreach by the United Nations Environment Programme and the World Health Organization

In the US, paint containing lead was effectively banned for residential use in 1978. However, sources of children’s exposure to lead from paint can still be found in some older buildings. Despite the continued presence of lead in the environment, lead poisoning is entirely preventable. Here are some simple tips to help protect your children:

If you live in a home built before 1978, have your home inspected for lead

Get your child tested. Even if your young children seem healthy, ask your doctor to test them for lead exposure.

 

 

Williamsburg RCRA and DOT Training

 

Orlando RCRA and DOT Training

 

Charlotte RCRA and DOT Training

 

How to Implement OSHA’s Globally Harmonized Hazard Communication Standard

OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.

 

EPA Releases Greenhouse Gas Emissions Data from Large Facilities

The data, required to be collected annually by Congress, highlight a decrease in GHG emissions as more utilities switch to cleaner burning natural gas.

“EPA is supporting President Obama’s Climate Action Plan by providing the high-quality data necessary to help guide common-sense solutions to address climate change,” said EPA Administrator Gina McCarthy. “Putting this data in the hands of the public increases transparency, supports accountability, and unlocks innovation.”

GHGs emitted through human activities such as transportation and power generation are the primary driver of recent climate change, which threatens the health and welfare of Americans—by increasing the likelihood of hotter, longer heat waves, fueling more frequent and intense extreme weather events, and worsening ground level ozone, an air pollutant that causes respiratory and cardiovascular health problems.

EPA’s Greenhouse Gas Reporting Program collects annual GHG information from over 8,000 facilities in the largest emitting industries, including power plants, oil and gas production and refining, iron and steel mills, and landfills. In addition, the program is receiving data on the increasing production and consumption of hydrofluorocarbons (HFCs) predominantly used in refrigeration and air-conditioning. The Greenhouse Gas Reporting Program is the only program that collects facility-level GHG data from major industrial sources across the US.

The 2012 data show that in the two years since reporting began, emissions from power plants have decreased 10%. This is due to a switch from coal to natural gas for electricity generation and a slight decrease in electricity production. Fossil-fuel fired power plants remain the largest source of US GHG emissions. With just under 1,600 facilities emitting over 2 billion metric tons of carbon dioxide in 2012, these plants account for roughly 40% of total US carbon pollution.

The data are accessible through EPA’s online data publication tool, Facility Level Information on Greenhouse Gases Tool (), which is available for both desktop and mobile devices. This year, with three years of data for most sources, FLIGHT has been updated with new features, including the ability to view trend graphs by sector and facility, and download charts and graphs for use in presentations and reports. 

Governors Announce Bold Initiative to Put 3.3 Million Zero-Emission Vehicles on the Road by 2025

Governors from eight states recently announced a groundbreaking initiative to put 3.3 million zero-emission vehicles on the roads in their states within a dozen years.

These governors have joined forces to revolutionize the automobile market by promoting zero-emission vehicles. The use of these clean vehicles will reduce GHG emissions, improve air quality and public health, enhance energy diversity, save consumers money, and promote economic growth.

Zero-emission vehicles include battery-electric vehicles, plug-in hybrid-electric vehicles, and hydrogen fuel-cell-electric vehicles. These technologies can be used in passenger cars, trucks, and transit buses.

Clearing a path

This multi-state effort is intended to expand consumer awareness and demand for zero-emission vehicles. In this agreement, the governors identify specific actions they will promote within their states and joint cooperative actions these states will undertake to help build a robust national market for electric and hydrogen-powered cars.

For example, the governors agreed to pursue the following efforts:

• Harmonize building codes to make it easier to construct new electric car charging stations
• Lead by example by including zero emission vehicles in their public fleets
• Evaluate and establish, where appropriate, financial and other incentives to promote zero emission vehicles
• Consider establishing favorable electricity rates for home charging systems
• Develop common standards for roadway signs and charging networks

The eight states will develop an action plan over the next six months that will include many of these strategies and others.

Creating a market

These states are among a group of states which have adopted rules requiring about 15% of new vehicles sold to be zero-emission vehicles by 2025. Collectively, the eight signatory states represent more than 23% of the US car market, and expect to have at least 3.3 million of these vehicles operating on their roadways by that time.

The market demand created by these state programs can help lower zero-emission vehicle costs through economies of scale and expand the range of product lines available to consumers.

The cars are here now

US electric car sales in 2012 more than tripled to about 52,000 from 17,000 in 2011. Motorists bought more than 40,000 plug-in cars in the first and second quarters of 2013.

There are currently 16 zero-emission vehicle models available from eight automotive manufacturers; nine run completely on batteries, two on hydrogen fuel cells, and five are plug-in hybrid electric vehicles that can run on gasoline as well as battery power. The number of models is expected to increase for model year 2014 and beyond. Several electric vehicle models have won awards for safety, performance, and customer satisfaction over the past couple of years.

There are already more than 6,700 charging stations open to the public in the signatory states. By 2015 nearly every major automaker will have zero emission vehicles available for sale or lease, and more than 200,000 zero-emission vehicles are expected to be on the road across the US.

A healthier environment and economy

These clean vehicles will provide a major foothold in the battle to reduce GHG emissions and their consequences, which include sea level rise, increases in extreme weather, and wildfire intensity.

There are economic advantages as well. Electricity is the most widely available source of power and typically costs about two-thirds less than gasoline on a per-mile basis. By 2025, the average zero-emission vehicle driver will save nearly $6,000 in fueling costs over the life of the car.

Just in California, data provided by the state Community Colleges shows 46,000 businesses now related to advanced transportation, and nearly 600,000 jobs in that field. These include jobs building and servicing vehicles and infrastructure.

Eight Governors on the importance of the Zero Emission Vehicle MOU:

California: “This is not just an agreement, but a serious and profoundly important commitment,” said California Governor Edmund G. Brown Jr. “From coast to coast, we’re charging ahead to get millions of the world’s cleanest vehicles on our roads.”

Connecticut: Governor Dannel P. Malloy said, “This initiative is consistent with Connecticut’s Comprehensive Energy Strategy and our focus on providing cheaper, cleaner, and more reliable power for our residents and businesses. As part of that strategy we are working in the transportation sector to encourage the use of alternative fuels and alternative vehicles. In keeping with that approach, we launched a grant program to speed construction of 200 publically available electric vehicle charging stations by early 2014—which will end ‘range anxiety’ in our state and increase public interest in owning zero-emission vehicles.”

Maryland: “We are excited to be collaborating with other states to ensure the success of our zero-emission vehicle programs. This effort complements work already underway through the Transportation Climate Initiative, in which Maryland and other East Coast states are working to develop a robust charging station network along the I-95 corridor that will permit long-distance travel in electric cars throughout the region. The transition to these advanced technology vehicles will support our efforts to achieve our air quality and climate change goals, and will enhance energy security by reducing our dependence on foreign oil,” said Maryland Governor Martin O’Malley. “This is a critical part of our efforts to achieve Maryland’s long-term 2050 goal to reduce statewide greenhouse gas emissions 90% from 2006 levels.”

Massachusetts: “Increasing electric vehicles in our fleet is a critical component of our efforts in Massachusetts to address air pollution and greenhouse gas emissions from the transportation sector and grow the clean energy economy,” said Governor Deval Patrick. “Diversifying transportation fuels and providing drivers with options will help reduce vulnerability to price swings in imported oil that hurt consumers and our economy.”

New York: “This agreement is a major step forward to reducing the emissions that are causing our climate to change and unleashing the extreme weather that we are experiencing with increased frequency,” said Governor Andrew M. Cuomo. “This collaboration builds on New York’s Charge NY initiative, which is creating a statewide network of 3,000 charging stations by 2018 and will provide New Yorkers with a convenient and affordable alternative to increasingly expensive gasoline and diesel.”

Oregon: “This initiative will help states reduce transportation-related air pollution and greenhouse gas emissions, enhance energy diversity, save consumers money, and promote economic growth,” said Oregon Governor John Kitzhaber. “It also directly supports Oregon’s 10-Year Energy Action Plan and will spur innovation that helps us to meet our goals.”

Rhode Island: “Rhode Island has already started taking steps and one includes the installation of charging stations throughout the state. We are determined to develop a clean and efficient transportation infrastructure for the future,” Governor Lincoln D. Chafee said. “Through the Zero Emission Vehicle MOU, we have created a vital partnership that will reduce our reliance on imported oil, boost our economy, and save money at the pump. This is an important collaboration that works toward our common goal of protecting our environment.”

Vermont: “This collaboration is about partnerships. The signatory states and our neighbors are already coordinating to ensure a viable regional infrastructure for electric cars through programs such as the Transportation Climate Initiative in the Northeast and Mid-Atlantic region and the West Coast Electric Highway. The states are committed to working with the automakers, refueling infrastructure suppliers, the electric utilities and other partners to ensure the success of zero-emission vehicle programs from all of our perspectives,” said Vermont Governor Peter Shumlin.

Earthjustice Asks Court to Strike Down Rule that Lets Coal Companies Dump in Streams

Recently, a broad coalition of citizen and environmental groups asked the US District Court for the District of Columbia to reverse a Department of Interior rule that removed a key protection for streams against mountaintop removal and other large-scale surface coal mining—a 100-foot buffer zone around valuable streams in which harmful mining activities are not allowed.

The Bush administration removed this protection through a midnight rulemaking in 2008, and the Obama administration agreed the Bush administration’s action was unlawful. The Interior Department has since failed to undo the Bush administration’s rulemaking by the deadline it agreed to. Earthjustice is asking the Court to do what the Obama administration has not: strike down the illegal Bush rule and reinstate buffers to protect vital streams from surface mining. Based on EPA estimates, mountaintop removal mining has destroyed or harmed 2,400 miles of Appalachian streams to date.

Earthjustice attorney Jennifer Chavez stated, “We are coming up on the five year anniversary of the removal of this key protection, and Appalachian communities and families continue to suffer from the extreme pollution and destruction of mountaintop removal mining. The disastrous 2008 Bush rule needs to be scrapped without further delay. Basic protections for waterways and families cannot continue to wait while the Obama administration drags its feet.”

Earthjustice, along with Appalachian Citizens’ Law Center and Appalachian Mountain Advocates, are representing the Sierra Club, the Waterkeeper Alliance, West Virginia Highlands Conservancy, Coal River Mountain Watch, Kentucky Waterways Alliance, Ohio Valley Environmental Coalition, Southern Appalachian Mountain Stewards, Kentuckians for the Commonwealth, and Statewide Organizing for Community eMpowerment.

EPA Reaches Settlement with Goshen, New York Company for Violations of Federal Toxics Law

EPA has reached an agreement with Blaser Swisslube, Inc., in Goshen, New York, for violations of federal regulations governing toxic substances. The company, which produces high-end coolants for tools, failed to notify the EPA before importing a chemical it had been using to inhibit corrosion in one of the company’s products. Under the agreement’s terms, the company will pay a $150,000 penalty.

“The regulations governing the use of chemicals imported into the country are in place to ensure that people’s health and the environment are not put at risk,” said EPA Regional Administrator Judith A. Enck. “This action reinforces the need for manufacturers and importers of chemicals to follow the law and help protect people from chemicals that could be harmful to their health.”

An EPA inspection of Blaser Swisslube’s facility in Goshen revealed that from February 2008 through July 2010, the company had been importing a chemical substance without first notifying the EPA. The chemical was being used in the production of a metalworking fluid that the company sold to domestic manufacturers.

EPA Orders City of Middletown, New York to Address Clean Water Act Violations

EPA has ordered the city of Middletown, New York, to comply with federal Clean Water Act (CWA) requirements for reducing pollutants in the wastewater that flows from area industrial facilities to its wastewater treatment plant. Under the CWA, wastewater treatment plants of a certain size that receive wastewater from industrial facilities are required to develop pretreatment programs that reduce pollutants from industrial wastewater at their source. The city of Middletown meets these criteria, but has failed to establish a pretreatment program for the Middletown Sewage Treatment Plant.

“Wastewater treatment plants are often the last line of defense against the flow of harmful pollutants into our treasured rivers and streams,” said Judith A. Enck, EPA Regional Administrator. “When local governments fail to create pretreatment programs, water quality can be degraded and people’s health put at risk.”

Without proper pretreatment, these pollutants have the potential to pass through a city’s plant and into receiving rivers and streams without adequate treatment, posing serious threats to health, marine life, recreation, and the consumption of fish and shellfish. The pollutants may also interfere with the effectiveness of the wastewater treatment process and contaminate a plant’s sewage sludge. The EPA and the states enforce pretreatment regulations to ensure that industrial wastewater is properly treated before being discharged into local waterways.

Earlier this year, EPA requested that Middletown provide the agency with the details of its pretreatment program. The city’s response showed that no pretreatment program meeting the federal requirements was in place.

Under the order, Middletown must begin submitting details of a proposed pretreatment program to the EPA by December 1, 2013, and meet further deadlines set forth in the order including the submission of a final plan by June 16, 2014. Failure to meet the requirements of the EPA order could result in penalties.

Pesticide Distributor to Pay Penalties Totaling $96,640 for Distributing Misbranded Pesticides

 

In October 2011, the Missouri Department of Agriculture conducted an inspection of the American Chemical Systems II, Inc., facility located in Springfield, Missouri. In January 2012, the Kansas Department of Agriculture conducted an inspection of the American Chemical Systems II, Inc., facility located in Wichita, Kansas. The agencies conducted the inspections to determine the FIFRA compliance status of American Chemical Systems II, Inc., a supplemental distributor of Mason Chemical Company.

The results of the inspections show that American Chemical Systems was holding for sale or distribution a quantity of the misbranded pesticide “Maquat-705M,” under the product name “ACS Dual Q,” in its Springfield, Missouri, and Wichita, Kansas, facilities. The pesticides were misbranded because the product labels included a statement regarding use in meat and poultry processing plants, but did not include any instructions for use in food processing locations. Mason Chemical Company was the registrant of the pesticide, and under federal regulations was liable for the violations as well. American Chemical Systems also produced other pesticides unrelated to Mason Chemical Company, and at the time of the inspections held three additional unregistered and misbranded pesticides for sale or distribution.

Mason Chemical Company’s civil penalty is $85,640 and American Chemical Systems civil penalty is $11,000. EPA calculates penalties on a variety of factors, including risk to the environment, size of the business, and ability to pay.

Under FIFRA, distributors of pesticides must ensure that the information on their products’ labels contains the same required cautionary information as found on the labels filed with EPA by the pesticides’ registrants, and that those pesticides are not distributed with claims that differ from the registration information filed with EPA.

Through their respective settlements with EPA, Mason Chemical Company and American Chemical Systems have certified that they are now in compliance with FIFRA and its regulations.

Ritchie Enterprises Inc. to Pay $30,000 for Failure to Use Lead Safe Work Practices

Ritchie Enterprises, Inc., a Sullivan, Missouri, company, doing business as PuroClean Emergency Restoration Services, has agreed to pay a $30,000 civil penalty to settle allegations that it failed to use proper lead-safe work practices during the restoration of a home built in 1891 near New Haven, Missouri, in violation of the Renovation, Repair, and Painting Rule (RRP).

Federal lead-based paint regulations exempt emergency repair work in some cases, but Ritchie Enterprises continued working on the house long after the emergency had passed without complying with the RRP Rule.

According to an administrative consent agreement and final order filed by EPA Region 7 in Lenexa, Kansas, Ritchie Enterprises was legally required to use proper lead-safe work practices during the renovation and provide owners and occupants of the properties with an EPA-approved lead hazard information pamphlet, known as the Renovate Right pamphlet, before starting renovations at the properties.

The Renovate Right pamphlet helps homeowners and tenants understand the risks of lead-based paint, and how best to minimize these risks to protect themselves and their families. Ritchie Enterprises did not provide this pamphlet, nor did Ritchie Enterprises maintain records of work practices for this renovation and at least two other renovations on pre-1978 homes in Mineral Point and Sullivan, Missouri.

A company employee also used a high-speed belt sander without a HEPA exhaust attachment to remove lead-based paint. The use of high-speed machines to remove paint or other surface coatings is prohibited by regulations unless the machine is equipped with a HEPA attachment to collect dust and debris which may contain lead.

EPA became involved in this case a result of a complaint from the homeowner. The company was not a certified RRP contractor at the time of the work.

The RRP Rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities are trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting, and replacing windows minimize the creation and dispersion of dangerous lead dust. EPA finalized the RRP Rule in 2008 and the rule took effect on April 22, 2010.

This enforcement action addresses RRP Rule violations that could result in harm to human health. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

New England Experienced Fewer Unhealthy Air Quality Days During Summer Ozone Season

Matching a long-term trend that air quality is improving, New Englanders experienced a decrease in the number of unhealthy air quality days this year, compared to 2012.

The findings are based on preliminary data collected between April and September 2013. Air quality monitors recorded 20 days when ozone levels in New England exceeded levels considered healthy. In 2012 there were a total of 29 unhealthy ozone days. The trend in unhealthful days over the past 30 years is substantially downward. The downward trend is due to reduction in the emissions that form ozone.

The number of unhealthy ozone days in each state this summer is as follows:

• 17 days in Connecticut (compared to 27 in 2012)
• 7 days in Rhode Island (12 in 2012)
• 6 days in Massachusetts (17 in 2012)
• 5 days in Maine (4 in 2012)
• 3 days in New Hampshire (4 in 2012)
• 0 days in Vermont (0 in 2012)

Although the number of unhealthy days may vary from year to year due to weather conditions, over the long-term, New England has experienced a decreasing number of unhealthy ozone days. In 1983, New England had 113 unhealthy days, compared with 20 this year.

“We can all feel proud—and breathe easier—thanks to the exceptional progress we have made reducing ozone pollution over the past several decades,” said Curt Spalding, regional administrator of EPA’s New England office. “However, the poor air quality days we experienced this summer remind us that our efforts to protect the public’s health by improving air quality must continue. Everybody can save money and protect the environment by taking common-sense steps to conserve energy. By using energy efficient light-bulbs, combining errands with our cars, and/or using public transit, we save energy, save money, and cut down on air pollution.”

Ground-level ozone is the main ingredient of smog. Ozone levels are unhealthy when average concentrations exceed 0.075 parts per million over an 8-hour period. Ground-level ozone is formed when volatile organic compounds and oxides of nitrogen chemically react in the presence of sunlight. Cars, trucks, and motorcycles give off the majority of the pollution that makes smog. Fossil fuels burning at electric power plants, which run at high capacities on hot days, emit substantial amounts of smog-making pollution. Gas stations, print shops, household products like paints and cleaners, as well as gasoline-powered lawn and garden equipment, also contribute to smog formation.

Although the 2013 ozone season is ending, pollution from small particles in the air is a year-round concern.  These alerts are issued by e-mail, whenever necessary, to notify program participants when high concentrations of ground-level ozone or small particles are predicted to occur in their area.

 

KS Industries Fined $230,000 for Diesel Fleet Violations

The California Air Resources Board (ARB) has fined Bakersfield-based KS Industries, an engineering and construction firm, $230,250 for failing to update its diesel trucks to clean up harmful emissions as required by state anti-pollution laws.

ARB investigators cited the company for missing two key compliance deadlines. KS Industries failed to clean up its fleet in accordance with the State Truck and Bus Regulation, retrofitting 1996–1999 model year heavy duty trucks with diesel particulate filters by January 1, 2012, and 2000–2004 model year trucks by January 1, 2013.

“The Air Resources Board is committed to improving air quality and educating business owners about how to comply with the regulations that were created to help achieve this goal,” said ARB Enforcement Chief Jim Ryden. “All businesses that depend on their vehicle fleets need to pay attention to the specific deadlines of the State Truck and Bus Regulation, and understand that ignoring or forgetting them can result in a hefty fine.”

Of the $230,250 owed by KS Industries, $172,688 was paid to the California Air Pollution Control Fund to fund air pollution research, while the remaining $57,562 has been paid to the San Joaquin Valley Air Pollution District to fund the School Bus Retrofit Supplemental Environmental Project.

In addition, as part of the settlement, KS Industries will also:

• Ensure that staff responsible for compliance with the diesel truck emission inspection program attend a diesel education course and provide certificates of completion within six months
• Instruct vehicle operators to comply with the state’s idling regulations
• Ensure that trucks have the most recent engine-operating software installed to limit the amount of NOx (NOx, or oxides of nitrogen, is a primary ingredient of smog)
• Ensure that all 1974 and newer diesel-powered vehicles are up to federal emissions standards for the vehicle model year and are properly labeled with an engine certification label
• Become compliant with the Truck and Bus Regulation by November 15, 2013

Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death and other health problems.

Louisiana Man Pleads Guilty to Illegally Burning Waste Tires

Recently an Evangeline Parish man who was arrested on March 27, for illegally burning waste tires in the town of Basile, Louisiana, pled guilty to state criminal environmental charges in 13th Judicial District Court in Ville Platte.

Leroy Hardy pled guilty to one felony count of disposing of a substance which could endanger human life and health. As a result of his guilty plea on that charge, Hardy was sentenced to five years of supervised probation and fined $1,000. Hardy was also ordered to clean up the property and pay $960 to Louisiana Department of Environmental Quality (DEQ) for the cost of investigation. The Honorable Judge Thomas F. Fuselier of the 13th Judicial District Court presided over the case.

On March 8, officers with the Basile Police Department originally responded to a tire burning complaint at Hardy’s residence in Basile, near the Basile Headstart Child Care Center. The findings of that investigation were forwarded to DEQ’s Criminal Investigation Division, which led to Hardy’s arrest and guilty plea.

Hardy was previously cited in a compliance order issued by DEQ in March of 2012 for similar violations, which occurred at his residence over two occasions in 2011.

“The illegal burning of waste tires in Louisiana is a violation of both state law and the DEQ Waste Tire Program, which functions as an effective, environmentally-sound approach to ensuring that discarded waste tires are disposed of properly and remain out of clandestine waste piles,” said DEQ Undersecretary Vince Sagnibene. “DEQ-CID, together with its local and state law enforcement partners, will continue to ensure that anyone found to be in violation of the law through illegal dumping or illegal burning will be prosecuted to the fullest extent of the law.”

Brayton Point Energy Penalized $11,212 for Air Quality Violations at Somerset Power Plant

The Massachusetts Department of Environmental Protection (MassDEP) penalized Brayton Point Energy, LLC, $11,212 for repeated air quality violations that occurred at the electric-generating power plant in Somerset, Massachusetts, over a span of seven months. A review of the plant’s records indicated that opacity limits were exceeded nine times between June 23, 2012, and January 23, 2013.

“Under the plant’s operating permit and amendments, the owners must operate continuously and effectively within established permit levels,” said Phil Weinberg, director of MassDEP’s Southeast Regional Office in Lakeville, “and MassDEP will ensure that the plant does so and corrects any problems that might arise.”

An opacity violation, or visible emission, is evidence that fine particles, smoke, or other air pollutants have occurred either due to insufficient combustion, inadequate filtration, or other operating malfunction.

The violations were discovered during an investigation that began during an August 8, 2012, inspection of the plant and a subsequent review of the facility’s records. The Brayton Point Energy facility is equipped with continuous emission monitors and continuous opacity monitors to record and log data about the plant’s emissions. The data revealed violations on June 23 (twice) and July 18, 2012. Also, during the investigation that followed the plant inspection, the facility recorded additional violations on August 15, October 28, and December 4, 2012, as well as on January 4 (twice) and January 23, 2013.

In addition to the penalty, Brayton Point Energy is required to propose improvements to its operations and maintenance plan, focusing on what efforts the company will make to mitigate future opacity violations. Within 45 days, the company must submit to MassDEP a verifiable plan to return to compliance, including corrective steps the company has already taken, or will take to address the violations. All corrective steps must be implemented within 90 days of the plan approval.

Michigan DEQ to Update Fracking Regulations

The Michigan Department of Environmental Quality (DEQ) recently announced it is crafting new rules for hydraulic fracturing, a process commonly used to develop natural gas and oil wells.

Hydraulic fracturing, also called fracking, involves pumping water, sand, and chemicals into a drilled oil or gas well, then sealing and pressurizing it to crack layers of rock far below the surface and release gas and oil.

The process is used to maximize oil and gas production and access oil and gas reserves not available through conventional drilling alone.

Fracturing was first employed in Michigan in 1952 and has been used by oil and gas companies on more than 12,000 wells throughout the Lower Peninsula with no recorded incidents of contaminating groundwater.

Michigan has some of the nation’s most protective regulations governing oil and gas development. The DEQ periodically updates its regulations to reflect changes in technology and industry.

Agency leaders have been working throughout the past year with residents and stakeholders from the environmental community to better understand key concerns. DEQ regulators have hosted or attended more than 200 public meetings around the state during the past two years.

“We heard loud and clear that there is a growing concern about fracturing,” said DEQ Director Dan Wyant. “We are proud of the DEQ’s regulatory track record, but we want Michiganders to know that hydraulic fracturing is managed well when it is used in Michigan. These rule changes allow everyone to better understand fracturing, and how the DEQ is keeping Michigan’s resources safe during gas and oil development.”

The proposed changes focus on four key areas:

1. Water withdrawal assessment and monitoring. Permit applicants will be required to use the state’s water withdrawal assessment tool. Withdrawals will not be approved if the tool or a site-specific review indicates the withdrawal may cause an adverse impact to rivers or streams. While use of the tool is required now by department policy to obtain a permit, several stakeholder groups asked that it be codified in regulations. In addition, if there is a water supply well within 1,320 feet of a proposed withdrawal, the operator must install a monitor well and report water levels. The rules will set specifications for water storage pits.
2. Water quality sampling. Oil and gas operators will be required to collect baseline samples from up to 10 water supply wells within 1,320 feet of gas and oil wells, six months or less before drilling operations begin. Many companies do this voluntarily now.
3. Monitoring and reporting. Operators will be required to:
1. Identify whether high volume fracturing is expected to be utilized in permit applications for new wells
2. Submit separate applications for HVHF operations on existing wells
3. Notify the DEQ at least 48 hours before starting the operation
4. Monitor and report fluid pressures and volumes for all HVHF operations
4. Chemical additive disclosure. Operators will be required to submit information on chemical additives in a HVHF operation using the internet-based FracFocus Chemical Disclosure Registry. The information must include chemical constituents and maximum concentrations. The chemical family and trade name may be used for chemicals with trade secret protection under federal law.

Drafted rules are submitted to the state Joint Committee on Administrative Rules and go through a public review process. The DEQ expects to have the new rules in place next year.

Aerospace Company Pays $24,000 to Settle Waste Violations

An aerospace parts manufacturer in Renton, Washington, will pay the state $24,000 to settle a penalty from the Washington Department of Ecology (Ecology) for repeated dangerous waste violations.

Ecology inspectors found three repeat violations of dangerous waste regulations at AIM Aerospace, Inc., in September 2012 and February 2013. Since the inspections, AIM Aerospace has cooperated with Ecology and come into compliance with the regulations.

Ecology found the company was disposing liquid paint waste into the trash. It failed to label containers of dangerous waste, and it failed to make sure that containers of dangerous waste were closed.

The facility houses a variety of toxic substances used in the manufacturing and assembling of aircraft interiors. These include flammable paint wastes, some of which contain toxic metals, chrome, corrosive substances, and toxic solvents. Health concerns can occur if people are exposed to these substances.

“When dangerous chemicals are mishandled, the risk increases that people and the environment will be exposed to potential hazards,” said Dennis Johnson of Ecology’s Hazardous Waste and Toxics Reduction Program. “Properly managing hazardous substances and wastes helps protect our waterways and Puget Sound from polluted runoff. Rainwater washes spilled substances into storm drains that flow into streams, lakes, or Puget Sound.”

AIM Aerospace entered into an expedited settlement agreement with Ecology to reduce the recommended penalty by one-third, from $36,000 to $24,000. The settlement requires AIM Aerospace to waive its right to further appeal the penalty. Ecology used this expedited settlement process in an effort to save the state, taxpayers, and AIM Aerospace the expense of costly litigation.

“Businesses that handle toxic hazardous waste have an obligation to properly safeguard public health, safety and the environment,” Johnson said. “We appreciate AIM Aerospace’s response to correct its violations and its commitment to remain in compliance.”

EPA Honors Freight Industry Leaders for Environmental Achievements

 These awards go to companies that have demonstrated outstanding achievements in reducing carbon pollution and other harmful emissions as they move goods across the US more efficiently.

“This year’s SmartWay Excellence Award recipients show that reducing carbon pollution is good for business and good for the environment,” said Gina McCarthy, Administrator, EPA. “They’re showing how SmartWay business leaders can outcompete the rest of the world while reducing costs and improving the fuel and freight efficiency of their transportation operations.”

The annual SmartWay Excellence Award honors top truck, intermodal, and rail carrier partners that are setting efficiency benchmarks in how they move products and supplies. Shipping and logistics partners also are recognized for superior efficiency and additional actions to reduce freight emissions through effective collaboration, advanced technology and operational practices, a robust system for validating and reporting their SmartWay data and communications and public outreach. 

EPA launched the SmartWay partnership program in 2004 to help the freight industry improve environmental performance. Since then, SmartWay Partners have saved 65 million barrels of oil. This is equivalent to taking over 5 million cars off the road for an entire year. SmartWay’s clean air achievements (28 million metric tons of carbon dioxide, 478,000 tons nitrogen oxides, and 22,000 tons of particulate matter reduced) help to protect the health and well-being of citizens and provide for a more competitive business environment.

Environmental News Links

 

Trivia Question of the Week

Into which group did the International Association for Research on Cancer classify air pollution?

a) Group 1 (carcinogenic to humans)

b) Group 2

c) Group 3

d) Group 4 (not carcinogenic to humans)