Washington Adopts New Climate Change Rules

The State of Washington is continuing to lead the fight against global climate change by adopting the nation’s first standards for underground injection of climate-changing carbon dioxide.

 Fossil-fuel fired power plants are significant sources of carbon dioxide, a major greenhouse gas that traps heat in the atmosphere and increases global temperatures. Increased temperatures contribute to climate change.

The 2007 Washington Legislature directed state agencies to develop and adopt rules for power plant emissions and geologic sequestration of carbon dioxide by June 30, 2008.

Ecology’s Water Quality Program amended Chapter 173-218 WAC to allow the injection of carbon dioxide into deep rock formations, a process known as geologic sequestration. The rules require the protection of existing water quality in aquifers that are used for irrigation and drinking water.

“Washington now has the nation’s first standards for sequestering carbon dioxide underground. This technology has the potential to reduce the release of carbon dioxide from coal-fired power plants, which will limit the impacts of global climate change,” said Janice Adair, special assistant to Ecology Director Jay Manning. “We are also one of only two states with an emissions performance standard, which will help ensure that electricity consumed in Washington does not come from dirty coal.”

The EPA intends to release a first draft of federal sequestration standards this summer, with final adoption scheduled for 2010.

In addition, Ecology’s Air Quality Program developed a rule for power plants that fall under Ecology’s jurisdiction (less than 350 megawatts). The program amended Chapter 173-407 WAC to adopt the greenhouse-gases emissions performance standard for baseload electric generation of 1,100 pounds per megawatt-hour that was included in the legislation. The standard is equivalent to the emissions from a natural gas power plant. It also establishes criteria to implement and enforce the emissions performance standard. Rule requirements include:

• New baseload electric generation that starts operating after June 30, 2008, in Washington must comply with the greenhouse-gases emissions performance standard.
• All long-term financial commitments entered into by electric utilities on or after July 1, 2008, must comply with the emissions performance standard.
• Emissions that are permanently sequestered are not counted when determining if a generating facility meets the emissions performance standard.

The Energy Facility Site Evaluation Council (EFSEC) adopted rules for large power plants under its jurisdiction (350 megawatts or greater), which establish similar requirements for these power plants. Ecology’s rules take effect July 19; EFSEC’s rules take effect July 25.

Comprehensive Approach to Saving Money on Gas

A new analysis from the Natural Resources Defense Council (NRDC) shows that keeping vehicles properly maintained, driving smoothly, and using transportation alternatives one day per week can save the average driver about $800 on gas per year. The analysis, “Tuning Up America: Real Relief for High Gas Prices,” evaluates and offers strategies to help drivers save gas with the cars they already own. The potential fuel savings are laid out for the 256 different automatic transmission passenger vehicles sold domestically in the United States in model year 2000.

“Americans are in real pain from high gas prices and getting our cars to go further on every gallon is the fastest way to save money,” said Deron Lovaas, transportation policy director for NRDC. “Anyone who claims drilling for oil is the only answer to high gas prices is peddling snake oil to the American people. The ones who benefit from more drilling are big oil companies that stand to reap even more record profits.”

The analysis evaluated three primary strategies for reducing fuel costs at the pump: 

• Vehicle Maintenance—Tuning up and maintaining the engine, keeping tires properly inflated, using manufacturers’ recommended oil, and removing heavy unnecessary items from trunks and roof racks.
• Smooth Driving—Avoiding rapid acceleration and aggressive high-speed driving.
• Transportation Alternatives—Replacing single-occupancy car commuting one day a week with public transportation, carpooling, telecommuting or other options.

Savings for Top 10 Bestselling Vehicles in 2000*

*Savings in table are based on making the most of the tips listed above and may vary depending on vehicle condition and previous driving habits.

“The right way to deal with high gas prices is by reducing demand through greater efficiency,” said Jim Presswood, energy analyst at NRDC. “We should not open up pristine areas for a drop in the bucket of oil. We have proven ways at our fingertips to save gas, by promoting fuel-efficient technology.”

Tips for Better Fuel Economy

According to the Texas Commission on Environmental Quality (TCEQ), maintaining your vehicle and driving the speed limit can save you $372 a year in gas costs.

With gasoline prices averaging more than $4 a gallon, consumers are looking for ways to make every drop count. TCEQ is offering several tips to improve gas mileage and our state's environment —giving Texans a good start to saving before heading out on the road.

By regularly changing the oil, checking tire pressure, and replacing filters, a car's emissions are reduced and gas mileage improves up to 5%, saving up to $0.35 per gallon of fuel used. For example, by driving a well-maintained car with a 13-gallon gas tank, filled up once a week, consumers could save $4.55 a week, or $237 a year.

• Check Tire Pressure—With the maximum recommended pressure, tires will last longer, deliver better gas mileage, and be safer on the road.
• Replace Air Filters—Clogged air filters cause engines to work harder, requiring more fuel. Replacing filters improves your vehicle's fuel economy by as much as 10%.
• Pay Attention to the Check Engine Light—Repairing a minor problem improves gas mileage by as much as 4%. Fixing a serious problem, such as a faulty oxygen sensor, can improve your mileage by as much as 40%.
• Reduce Idling—If you expect to idle for more than 30 seconds, park your vehicle, turn it off, and go inside. Idling will waste fuel and creates more emissions than restarting the engine.
• Slow down—You can improve fuel economy by 5%, if driving in town, or by up to 33% on the highway. Typically, for every 5 miles per hour you drive over 60 miles per hour, it's like paying an additional $0.20 per gallon of gas you use. If you have a 13-gallon fuel tank, you can save $2.60 per tank just by driving the speed limit. This adds up to an annual savings of $135.

For additional ways to save fuel, don't top off the tank to round-off your purchase. Fuel escapes as vapor, polluting the air, and also increases the chance for spilling gas. Make sure the gas cap is properly tightened; otherwise, gas will evaporate from the car's tank.

Overseas Pollution Hitting the United States

Every summer, a combination of heat, car exhaust, and other chemicals cooks up into a big pollution problem called ozone. About 45% of the U.S. population now lives in areas that exceed the health standard limit for ozone.

But now, researchers have made an important discovery—some of that air pollution is actually coming from the other side of the ocean.

For graduate student Claus Moberg, ozone is more than a topic for his environmental studies research; it’s a health issue.

 Ozone is a summertime pollution problem for most major U.S. cities. Now, researchers at the University of Wisconsin, Madison, have documented how much of our ozone problem actually comes from across the Pacific Ocean.

“Just like the Eastern U.S. is affected by power plants in the Midwest, so the United States is affected by upwind emissions coming from Asia and Europe,” Tracey Holloway, Ph.D., Center for Sustainability and the Global Environment at University of Wisconsin, Madison, told Ivanhoe.

Dr. Holloway’s research indicates about 12% of the pollution in the western United States comes from emissions in Asia and Europe. In the eastern United States, up to 10% of air pollution comes from those areas.

Dr. Holloway’s mathematical models incorporate atmospheric science as well as chemistry and engineering to calculate ozone emissions and how they travel. She says pollution from Europe and Asia has the biggest U.S. impact in the spring and fall, and that could be important information for policymakers trying to clear the air.

“So if you’re trying to figure out what policies you should design to meet a particular ozone standard, you want to know how much you can control and how much you can’t control,” Dr. Holloway said.

Researchers say understanding worldwide pollution issues could lead to a broader approach to the problem, here and abroad.

Driving the SmartWay: EPA Campaign to Help You Save Fuel and Protect the Environment

 The national campaign features broadcast, radio, and print public service announcements that will help consumers recognize the SmartWay leaf as a symbol of cleaner and more fuel-efficient transportation choices.

“Thanks to EPA’s SmartWay Leaf campaign, Americans can save green by buying green,” EPA Administrator Stephen L. Johnson said. “By considering fuel use when shopping for new cars and trucks, consumers are in the driver’s seat to save money and protect our environment.”

The campaign encourages consumers to “buy smart” simply by looking for the EPA SmartWay certification mark on cars and trucks when shopping for a new or used vehicle. Roughly 20% of all vehicles—covering a wide variety of makes and models—qualify as clean and green enough to be SmartWay-certified.

EPA scores vehicles according to their environmental impact. SmartWay-certified vehicles are the best environmental performers, as measured by a combination of their emission levels of greenhouse gases, hydrocarbons, nitrous oxides, and other pollutants. If every light-duty vehicle in the country were SmartWay-certified, carbon-dioxide emissions would decrease by about 214 billion pounds annually. That’s equivalent to the emissions from nearly 20 million vehicles each year.


Even with their current vehicle, there is a lot drivers can do to cut down on fuel use. It is important to maintain a reasonable speed and avoid rapid accelerations and braking. Vehicles should be well-maintained with properly inflated tires and clean air filters. Finally, try to decrease vehicle use by walking or biking, combining errands into one trip, and using public transportation where available.

Ohio EPA Fines Renosol Corporation for RMP Violations

Renosol Corporation has agreed to pay $34,680 to Ohio EPA for not adhering to Ohio's air pollution control regulations at its Licking County facility (180 North High Street, Hebron) between 1999 and 2007.

The Saline, Mich., company manufactures polyurethane seating, head rests, armrests, and console cushions for the automotive industry. The Hebron facility uses two storage tanks of toluene diisocyanate (TDI), which is a regulated, toxic substance. Each tank contains more than 62,000 pounds of TDI.

Since Renosol had exceeded the threshold quantity of 10,000 pounds of TDI, the owner/operator was required to submit a risk management plan to Ohio EPA by June 1999 for any unanticipated emissions of TDI into the environment. The purpose of the risk management plan is two-fold: 1) to prevent the accidental release of chemicals that pose the greatest risk to the public and the environment and 2) to mitigate the consequences of an accidental release.

Renosol submitted its plan in September 2007 and is now in compliance. A portion of the civil penalty ($27,744) will be paid to Ohio EPA's Risk Management Plan fund. The remaining portion ($6,936) will go to Ohio EPA's Clean Diesel School Bus Fund. This fund helps retrofit school buses with pollution-control equipment that reduce particulate emissions from their diesel engines.

California Authorizes Alternate Location for Heavy-Duty Diesel Vehicle Labels

The California Air Resource Board has published an advisory regarding the placement of “Certified Clean Idle” and “Verified Clean APS” labels in alternate locations. 

MDE Issues 8 Water Management Enforcement Actions

The Maryland Department of the Environment (MDE) Water Management Administration Compliance Program issued the following enforcement actions between April 1 thru June 30. These actions cover the counties of Worcester, Anne Arundel, Washington, Garrett, Charles, and St. Mary.

“Enforcing environmental laws is an important component of Maryland’s efforts to protect human health and the environment,” MDE Secretary Shari T. Wilson said. “We are indebted to our 132 inspectors who are responsible for enforcing Maryland’s environmental laws.”

“The laws protecting Maryland’s surface and groundwaters are critical to meeting Maryland’s goals under the Chesapeake Bay Agreement,” Governor Martin O’Malley said. “I urge all citizens to follow Maryland’s laws to protect the Bay.”

Maryland law (environmental Title 16) requires that MDE be notified of potential impacts to tidal wetlands and waterways of the state. MDE will issue a license or give approvals authorizing the work before it begins. The regulations governing tidal wetlands were developed to protect the state’s natural resources that depend on unobstructed and open waterways and wetlands, while allowing property owners reasonable access. The requirement that someone performing work in tidal wetlands apply to MDE for a license before starting construction ensures that an assessment of the impact to the tidal waters and the associated resources is made before the work is performed and that any impacts are minimized.

• Alan and Maryanne Meyers—Worcester County—On June 10, 2008, Eastern Shore compliance issued a Site Complaint and Order to Alan and Maryanne Myers of 2104 Riverbank Park Drive, Pocomoke, Worcester County. Compliance observed that Mr. Myers had constructed a 250-foot long timber bulkhead channel ward of the mean high water line without the required tidal wetlands authorization. We have requested that a plan and timetable be provided to the department outlining how the bulkhead will be removed.
• Askew W. Gatewood, Jr.—Anne Arundel County—On June 2, 2008, a Consent Decree was filed in Anne Arundel Circuit Court requiring Gatewood to correct violations of Title 16 that occurred at his property located at 8401 Bay Road, Pasadena, Anne Arundel County. Gatewood is required to remove unauthorized fill material from state tidal wetlands and replace it with a properly designed and constructed stone revetment in accordance with a remediation plan to be approved by MDE. Gatewood must also pay $10,000 to the Maryland Tidal Wetlands Compensation Fund within 30 days of execution of the Consent Decree by the Circuit Court.
• Dennis Porter—Anne Arundel County—On April 14, 2008, a Consent Decree was signed by Judge Hackner in Anne Arundel Circuit Court requiring Mr. Porter to correct violations of Title 16 that occurred at his property located at 316 Magothy Bridge Road, Pasadena, Anne Arundel County.

Maryland Environment Law Title 4 requires that a Soil Conservation District approve a sediment control plan for any proposed land clearing, soil movement, and construction prior to construction, and the approval must be maintained for the life of the project. It further provides that it is unlawful for any person to introduce soil or sediment into state waters or to place soil or sediment in a condition or location where it is likely to be washed into state waters. Sediment is considered a pollutant under this statute.

• T.R. Weaver, Route 144 LLC, Waterway Construction Violation, Washington County—On May 29, 2008, the MDE issued a Site Complaint and Order to the owner, Route 144 LLC, for unauthorized placement of concrete rubble within the 100-year floodplain of the Potomac River. The Order requires removal of all concrete rubble from the 100- year floodplain of the Potomac River placed at the site since the former Department of Natural Resources (DNR) Waterway Permit expired. The Order further requires stabilization of disturbed areas resulting from the removal. This site is located along Route 144, along the Western Maryland Rail Trail, east of the Town limits of Hancock.
• Concrete Restoration and Protection, Inc.—Anne Arundel County—On April 10, 2008, penalty settlement was executed for a total of $5,400 for violations of Title 4 that occurred at the Annapolis City Marina, Annapolis, Anne Arundel County. The company had dewatered an excavation without the appropriate sediment controls installed into Backwater Creek. Payment was received on May 9, 2008, in full settlement.
• Ridge Valley Construction Company—St. Mary’s County—On May 19, 2008, a settlement agreement was executed for penalty settlement of $5,200 for Title 4 violations and $1,200 for Title 9 violations that occurred at the Hermanville Addition to Greenbriar, Lexington Park, St. Mary’s County. The company had failed to maintain and implement an erosion and sediment control plan.

Maryland Environment Law Title 5 requires that a person obtain a permit from the MDEto construct a waterway obstruction or change in whole or part the course, current, or cross-section of any stream or body of water within the state. Waters of the state include all ponds, lakes, rivers, streams, and the floodplain of free-flowing waters determined by the department on the basis of the 100-year frequency flood.

• New Germany State Park, Dam Repair Project Violation, Garrett County—On June 2, 2008, the MDE issued a Site Complaint and stop-work Order to the DNR, Permittee and Carl Belt, Inc., the contractor for the dam repair project for failing to comply with conditions of Waterway Construction Permit 03-MR-0024 issued by MDE. DNR requested MDE assistance since the contractor installed the dam’s toe drain and temporary by-pass channel without having the Engineer-In-Charge (EIC) on-site and present during these critical phases of construction and without prior MDE Dam Safety Division approval for modifications to the by-pass channel that would have impacted lake levels within the impoundment during construction. Follow-up engineering submittals by the consulting engineer in consultation with DNR and the contractor resulted in lifting the stop-work Order on June 4, 2008.

Maryland Law prohibits the discharge of any pollutant into state waters, including groundwater and surface waters, unless it is in accordance with a State Discharge Permit. This permit requires that permittees monitor wastewater discharges from their facilities and self report analytical data to MDE, confirming compliance with established discharge effluent standards of the permit to demonstrate compliance with state water quality standards.

• Mirant Maryland Ash Management, LLC—Charles County—On May 29, 2008, the Attorney General filed, on behalf of MDE, a civil complaint for Injunctive Relief and Civil Penalties against Mirant Maryland Ash Management, LLC, for alleged unlawful discharges of pollutants to waters of the state at Mirant’s Faulkner Fly Ash Disposal Facility located in Faulkner, Charles County. The order seeks civil penalties of up to $10,000 per day and remedial action to address groundwater contamination and violations of Maryland water quality standards in a tributary of Zekiah Swamp.

MDE Issues Five Air Management Enforcement Actions

The Maryland Department of the Environment (MDE) Air and Radiation Administration (ARMA) is responsible for ensuring that the air quality in Maryland meets standards that protect public health and the environment along with ensuring that the use of radioactive materials is done in accordance with stringent safety standards. The Air and Radiation Management Administration finalized the following enforcement actions between April 1 and May 30, 2008. These enforcement actions cover the counties of Washington, Harford, Frederick, Baltimore County, and Baltimore City.

“Enforcing environmental laws is an important component of Maryland’s efforts to protect human health and the environment,” MDE Secretary Shari T. Wilson said. “We are indebted to our 132 inspectors who are responsible for enforcing Maryland’s environmental laws.”

MDE requires permits for specified categories of businesses operating in Maryland to control air pollutants such as volatile organic compounds (VOCs). VOCs are gases that include a variety of chemicals, some of which may have short- and long-term adverse health effects. VOCs are a key contributor to ground-level ozone or smog. Exposure to VOCs both indoors and outside can result in a variety of health effects, including irritation to eyes, nose, and throat and damage to the nervous system, kidneys, and other organs in increased concentrations.

• Fil-tec—Washington County—On April 22, MDE received payment in the amount of $17,500 from Fil-tec to address violations of air quality requirements. Fil-tec receives and stores methanol, a VOC, along with applying it to threads using coating machines. VOC emissions are controlled by two thermal afterburners, which were discovered to have not been in proper operation during multiple days of production. The excess VOC emissions during this time were estimated to be about 1.5 tons. The penalty was issued April 4, and the company paid the penalty within 30 days as required in the Notice of Assessed Civil Penalty.

Maryland law requires all users of radioactive materials to have a license and follow procedures and regulations. This licensing process ensures that users understand how to handle radioactive materials in a safe manner.

• Isaacs & Nawy, DDS—Baltimore County—On May 1, MDE issued a letter of violation assessing $1,000 to Isaacs & Nawy, DDS, for six violations of Maryland radiation control regulations pertaining to dental facilities.
• Boston Street Dentistry—Baltimore City—On May 1, MDE issued a letter of violation assessing $500 to Boston Street Dentistry for a violation of Maryland radiation control regulations pertaining to dental facilities.

Electricity generators in Maryland must submit periodic emission reports to MDE. These reports provide information that MDE uses to ensure that these stationary sources comply with state regulations. If the generator is not in compliance, then MDE can recommend and/or require appropriate mitigation.

• Constellation Energy—Perryman, Harford County—On April 30, MDE received a penalty payment of $19,000 from Constellation Energy for a penalty issued on March 17. The penalty action addressed violations of the emission standard for nitrogen oxides (NOx) at Constellation’s Perryman facility. The Perryman facility consists of five combustion turbines that mainly operate during times of peak electrical demand, such as hot summer days. Based on Continuous Emission Monitor (CEM) data reported by the company in their quarterly report, MDE determined that one of the combustion turbines violated the established NOx limit on four different days.

MDE regulates toxic air emissions and pollutants. Dioxin is one of the air toxics covered under these rules and is harmful to human health and the environment.

• A Frederick County Circuit Court Judge, making it a final Decree, signed Essroc Cement Corporation—Frederick County—on April 15, the Consent Decree signed between MDE and Essroc. The Decree was filed on March 28 and addresses violations of Essroc’s Title V air quality operating permit and of federal air toxics requirements. Essroc Cement Corporation operates a Portland cement manufacturing company in Buckeystown, Frederick County. The violations include failure to perform monitoring and recordkeeping, and violation of parameters set to limit dioxin emissions from the cement kiln. The Consent Order includes a $100,000 penalty and requirements to address and correct the violations.

Toxic Releases Disproportionately Affect Minority and Low-Income Communities

A study by Duke University researchers found that minority and low-income communities are more likely to be adversely affected by a 2006 U.S. Environmental Protection Agency ruling that exempts some industries from reporting detailed information about the toxic chemicals they release into the environment.

The study was published in the peer-reviewed journal Environmental Science and Technology. It was funded by a National Institute of Environmental Health Sciences grant.

Every year, nearly 26,000 industrial facilities across the United States are required to submit detailed information to the EPA about their releases of nearly 650 chemicals to air, land, or water. The facilities also must report the amount of chemicals contained in waste that is disposed of, burned, recycled, or treated. The EPA makes this information available to the public through a database known as the Toxics Release Inventory (TRI).

Since 1986, the TRI has been a tool to alert communities, regulators, public health and safety officials, workers, and investors to the presence and use of chemicals by facilities in their communities, said Marie Lynn Miranda, director of the Children’s Environmental Health Initiative (CEHI) at Duke and associate professor at the Nicholas School of the Environment. Since the database became publicly available in 1986, emissions of toxic chemicals in the United States have declined by 44%, she noted.

In December 2006, however, the EPA changed the TRI reporting requirements with the Toxics Release Burden Reduction Rule. The rule exempted thousands of facilities from reporting requirements or allowed them to report much less detailed information about some of the chemicals they released. The purpose of the rule was to reduce the time and cost expended by industry to report releases to the TRI. The EPA estimates that the rule will save eligible facilities about nine hours and about $438 a year for each exempted chemical.

To gain a better understanding of how the ruling might affect minority and low-income communities, Miranda and her team used distance-based geographic information system (GIS) spatial analysis to examine the racial and socioeconomic characteristics of communities within 1-kilometer, 3-kilometer, and 5-kilometer buffers around both exempted and non-exempted facilities.


“Overall, we found that communities in proximity to industrial facilities no longer required to report detailed information about their chemical releases, have significantly higher percent minority, minority under age 5, and low-income populations compared to communities where all of the information is still available,” Miranda said. “We also found significant differences in these demographics between regions and at the state level.”

For example, in North Carolina, children under age 5 that live within 1 kilometer of an exempted TRI facility are 78% minority. This is 14% higher than in communities that will not lose any chemical release information due to the EPA rule.

The Duke study’s findings disagree with EPA’s interpretation of its own national analysis, and it also highlights regional and state differences that the EPA did not examine, Miranda noted.

“Because of profound differences in percent minority population between states and regions of the United States, we considered the impact of the rule separately for the United States in aggregate, for each of the ten EPA regions, and for North Carolina, our home state,” she said. “Conducting the analysis at finer geographic resolutions provides a more detailed and accurate assessment of the varied demographics of affected communities than you can achieve through a national aggregate analysis.”

The changes in the TRI reporting rules have not gone unnoticed by regulators and lawmakers. Members of both houses of Congress have introduced the Toxics Right to Know Protection Act to overturn the EPA’s ruling, and 12 states have filed suit in the U.S. District Court seeking the same, said Martha Keating, a research associate at CEHI who was one of the study’s co-authors.

“The TRI information is critical for citizens, researchers, and regulators to assess health and safety risks, especially in communities that bear the burden of multiple social and environmental stresses,” Keating said. “The TRI has been such a success because the information has been used as leverage to improve the environmental performance of industry,” agreed Miranda. “Poor and minority communities that are losing disproportionately more of this information because of the 2006 ruling now are less empowered to advocate for public health or environmental protections. This adds to the environmental justice concerns these communities face.”

Massachusetts Enacts Energy Reform Bill

“Today, Massachusetts has taken a giant step forward toward a clean energy future,” said Governor Deval Patrick, who signed the bill at a ceremony at the Museum of Science. “This legislation will reduce electric bills, promote the development of renewable energy, and stimulate the clean energy industry that is taking root here in the Commonwealth.”

“This new law puts Massachusetts in the lead nationally in crafting bold, comprehensive energy reform," said House Speaker Salvatore F. DiMasi. "This law will spark a significant increase in the use of renewable energy that will significantly curtail our use of fossil fuels, improve our environment and save us all money in the long run. Working together, we in the House, Senat,e and Patrick administration have much to be proud of."

Under the new law, the state will make energy efficiency programs compete in the market with traditional energy supply. Utility companies (NSTAR, National Grid, Western Mass. Electric, etc.) will be required to purchase all available energy-efficiency improvements that cost less than it does to generate power, ultimately saving money on consumers’ electricity bills.

Utility companies will offer rebates and other incentives for customers to upgrade lighting, air conditioning, and industrial equipment to more efficient models, whenever those incentives cost less than generating the electricity it would take to power their older, less-efficient equipment.

Existing efficiency programs have already shown savings at $0.03 per kilowatt-hour versus $0.09 for power generation. Customers who take advantage of these incentives will save money as they reduce how much energy they use. The incentives will encourage more efficient energy use, lowering the overall demand on the system and reducing greenhouse gas emissions.

The Green Communities Act promotes renewable energy in a number of ways. The law requires utility companies to enter into 10- to 15-year contracts with renewable energy developers to help developers of clean energy technology obtain financing to build their projects. The agreements will target Massachusetts-based projects.

The law also makes it possible for people who own wind turbines and solar-generated power to sell their excess electricity into the grid (“net-metering”) at favorable rates, for installations of up to 2 megawatts (up from 60 kilowatts currently).

The measure also authorizes utility companies to own solar electric installations they put on their customers’ roofs—a practice that was previously prohibited—up to 50 MW apiece after two years. If utilities take full advantage of this new opportunity, it will poise Massachusetts to meet Governor Patrick’s goal to harness 250 megawatts of installed solar power by 2017.

A new Green Communities program comes into effect under the new law, offering benefits to municipalities that make a commitment to efficiency and renewable energy. The state Division of Energy Resources, which is expanded and elevated into the Department of Energy Resources, will now include a Green Communities Division to provide technical and financial assistance to municipalities for energy efficiency and renewable energy efforts. The program will receive $10 million in funding from a variety of sources, including emissions allowance trading programs, utility efficiency charges, alternative compliance payments generated by the Renewable Portfolio Standard, and the Renewable Energy Trust Fund.

In addition to these provisions, the new energy law doubles the rate of increase in the Renewable Portfolio Standard from 0.5%t per year to 1% per year, with no cap. As a result, utilities and other electricity suppliers will be required to obtain renewable power equal to 4% of sales in 2009—rising to 15% in 2020 and 25% in 2030, and more thereafter. In addition, the Massachusetts Renewable Energy Trust Fund, which is administered by the Massachusetts Technology Collaborative, comes under the direction of a new governing board chaired by the Commissioner of the Department of Energy Resources.

The law also requires the State Board of Building Regulations and Standards to adopt, as its minimum standard, the latest edition of the International Energy Conservation Code as part of the State Building Code. This will keep Massachusetts building standards at the highest international levels of energy efficiency.

The Green Communities Act gives final legislative approval to the Commonwealth’s participation in the Regional Greenhouse Gas Initiative (RGGI). Substantially all of the emissions allowances issued under the program will be auctioned—in accordance with the policy announced by Governor Patrick in January 2007—allowing the proceeds to go toward reimbursing municipalities that lose property tax receipts as a result of RGGI mandates, funding Green Communities, providing no-interest loans for municipal energy-efficiency projects, and promoting energy conservation.

“With this legislation, Massachusetts takes its rightful place as a national leader in energy reform and environmental protection,” Secretary of Energy and Environmental Affairs Ian Bowles said. “This legislation will help businesses and residential consumers fight rising energy costs, reap the benefits of renewable energy, and grow our clean energy industry.”

$11,000 Penalty for Late LDAR Inspection

Delaware Department of Natural Resources and Environmental Control Secretary John A. Hughes issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Croda Uniqema for violating its permit. The Order includes a cash penalty of $11,000 and an additional $1,650 as cost recovery reimbursement to the Department for expenses associated with its investigation.

Croda Uniqema owns and operates a facility in New Castle, Del., that manufactures surfactants and additives used in a variety of products including cleaners, toothpaste, and cosmetics. The facility stores and uses ethylene oxide (EO) and propylene oxide (PO), which are classified as hazardous air pollutants. Croda Uniqema’s operations are subject to Delaware’s Title V permit requirements. However, the company elected to accept enforceable operating limitations and requirements in order to obtain a synthetic minor permit.

One of Croda Uniqema’s permit requirements is to conduct semiannual leak detection and repair (LDAR) inspections of its EO/PO Storage Area and to submit a corresponding report to the Department. Since its permitted emission limitations on hazardous air pollutants are based on engineering estimates, which rely on the repair of EO and PO leaks as detected, a properly operated LDAR program is critical.

During an inspection at the facility on Feb. 7, 2006, the Department learned that Croda Uniqema had not conducted the second semiannual LDAR inspection for 2005 until Jan. 19, 2006. The Department issued Croda Uniqema a Notice of Violation dated March 27, 2006.

Croda Uniqema has 30 days to request a public hearing.

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Trivia Question of the Week

What is VOG?

a. Volcanic smog
b. Volatile organics
c. Vegetable-based organic gas
d. Virginia organic goo