President Obama announced a series of climate change initiatives aimed at guarding the electricity supply; improving local planning for flooding, coastal erosion, and storm surges; and better predicting landslide risks as sea levels rise and storms and droughts intensify.
The actions, involving a variety of federal agencies, were among the recommendations of the president’s State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience, a group of 26 officials who have worked since November to develop the proposals.
One of the projects involves shoring up the power supply during climate catastrophes, and the Department of Agriculture on Wednesday awarded a total of $236.3 million to eight states to improve electricity infrastructure in rural areas. A government study released in May concluded that climate change would strain utility companies’ ability to deliver power as extreme weather damaged power lines and hotter temperatures drove surges in demand.
The Agriculture Department also announced new funds to help rural areas that are struggling with drought, although the White House has not said how much money would be allocated.
Tackling another of the recommendations, the United States Geological Survey and other federal agencies said they would spend $13.1 million to develop advanced three-dimensional mapping data that would allow cities and states to draft strategies in responding to weather-related disasters.
The new initiatives are part of a broader White House push to build support for Mr. Obama’s climate agenda. Last month, he detailed an EPA plan directing states to submit proposals to curb carbon pollution from power plants. The plan takes direct aim at coal-fired plants, the nation’s largest source of carbon pollution, and lawmakers from coal-dependent states have called it a “war on coal.” The plan is expected to curb demand for coal, shutter coal plants, and reduce coal mining jobs.
Despite the pushback from coal-producing areas, Mr. Obama hopes to build political support for the plan by highlighting the local damage that climate change is expected to cause.
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
Birmingham RCRA and DOT Training
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
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.
Advocates Call on Secretary of Transportation to Ban Use of Hazardous Rail Cars
Two national environmental organizations filed a formal legal petition to compel the Secretary of the US Department of Transportation to issue an emergency order prohibiting the use of hazardous rail cars—known as DOT-111s—for shipping flammable Bakken crude oil. The National Transportation Safety Board has repeatedly found that the DOT-111 tank cars are prone to puncture on impact, spilling oil, and often triggering destructive fires and explosions. The Safety Board has made official recommendations to stop shipping crude oil in these hazardous tank cars, but the federal regulators have not heeded these pleas.
“These oil tankers have been called the Ford Pinto of the rails,” said Ben Stuckart, City Council president in Spokane, Washington. “National Transportation Board members, US Senators, and local officials are all on record on the danger of these antiquated, unsafe rail cars. It’s long past time for the government to take action to protect communities like mine.” Officials estimate between 13 and 16 oil trains a week come through Spokane, a major hub for rail traffic, although those numbers would skyrocket if planned oil terminals on the West Coast are built. Spokane is one of many towns across the country that has seen an organized and strong community opposition to these trains.
In September 2013, in the wake of the deadly Lac-Megantic and other rail disasters, the federal government began a rulemaking process to set new safety standards for crude oil rail cars. Transportation Secretary Anthony Foxx has stated publicly that the DOT-111s will likely have to be phased out, and even questioned whether the industry’s replacement design is safe enough for US communities. The draft rule is currently under review at the White House. But the groups believe that the process is moving too slowly and likely to drag on a year or more before a final rule is in place. While he has issued emergency orders addressing other urgent safety issues, all the Department has done to date is urge shippers to use the safest tank cars in their fleets. Immediately banning the use of DOT-111 tank cars to ship Bakken crude would reduce the risk of punctures and oil spills by over 75%, according to rail industry estimates.
“The continued use of potentially unsafe DOT-111 train cars is a disaster waiting to happen. The people of Albany County are standing up today to ask the federal government take swift action to improve rail safety,” said Albany County Executive Daniel P. McCoy. “In light of recent incidents in North America, a strong response from the federal government is needed to protect the public.” Trains carrying Bakken crude oil arrive daily into the Port of Albany, like many other towns across the country. Firefighters and first responders have hurried to train for impending disasters and increased risk.
“These exploding oil trains are in our backyards, where our kids play,” said Charlene Benton, president of the Ezra Prentice Homes Tenants Association in Albany, New York. “We’re putting our children’s and our neighbors’ lives in jeopardy here. Over the last three years, we’ve seen a huge increase in the number of these dangerous oil trains coming through our community. Our community has organized against these oil trains because we don’t want to be the site of another catastrophic disaster. We need a national emergency ban of these oil rail cars.”
The recent surge in US oil production, much of it from Bakken shale, has led to a more than 4,000% increase in crude oil shipped by rail since 2005, mostly in long oil trains with as many as 120 cars and over 1.5 miles long. The Bakken crude has proven to be more explosive than shippers represented. And the Bakken crude has been shipped in the most dangerous tank cars on the market, the DOT-111s. The result has been oil spills, destructive fires, and explosions when oil trains have derailed. More oil spilled in train accidents in 2013 than the total in 1975-2012 combined. Canada has taken steps to ban many DOT-111s immediately and is phasing them out of hazardous transport altogether, which will shift even more of these tank cars to the US.
The petition follows closely on the announcement that the oil and rail industries have reached their own compromise proposal on rail safety, one that would only seek to slowly phase out dangerous DOT-111s over three years, and that would propose a weaker standard for new rail cars than the industry had previously proposed.
Meanwhile, it is estimated that 25 million Americans live in the dangerous blast zone along the nation’s rail lines. View this MAP of the nation’s rail lines and local actions against oil-by-rail or this MAP that shows your proximity to an oil rail line.
The petitioners are Sierra Club and ForestEthics, represented by Earthjustice.
EPA to Consider Revisions to Emission Guidelines and Compliance Times for Municipal Landfills
EPA intends to consider the information received in response to an Advance Notice of Proposed Rulemaking in evaluating whether additional changes beyond those in the proposed revisions for new sources are warranted. MSW landfill emissions are commonly referred to as “landfill gas” or “LFG” and contain methane, carbon dioxide (CO2), and nonmethane organic compounds (NMOC). Some existing landfills are currently subject to control requirements in either the landfill new source performance standards (NSPS) or the federal or state plans implementing the landfill emission guidelines; both the NSPS and emission guidelines were promulgated in 1996. The EPA believes that these guidelines merit review to determine the potential for additional reductions in emissions of LFG. Such reductions would reduce air pollution and the resulting harm to public health and welfare.
Significant changes have occurred in the landfill industry over time, including changes to the size and number of existing landfills, industry practices, and gas control methods and technologies. The ANPRM recognizes changes in the population of landfills and presents preliminary analysis regarding methods for reducing emissions of LFG. In determining whether changes to the emission guidelines are appropriate, the EPA will, in addition to evaluating the effectiveness of various methods for reducing emissions of LFG, consider the total methane emission reductions that can be achieved in addition to the reductions of NMOC emissions. The EPA is also seeking input on whether it should regulate methane directly. The ANPRM also addresses other regulatory issues including the definition of LFG treatment systems and requirements for closed areas of landfills, among other topics.
EPA Proposes to Revise Clean Air Act Standards of Performance for Municipal Solid Waste Landfills
EPA is proposing a new subpart, 40 CFR part 60, subpart XXX that updates the Standards of Performance for Municipal Solid Waste Landfills. Under section 111 of the Clean Air Act, the EPA must review, and, if appropriate, revise standards of performance at least every 8 years. The EPA’s review of the standards for municipal solid waste landfills applies to landfills that commence construction, reconstruction, or modification after July 17, 2014. The proposed standards reflect changes to the population of landfills and an analysis of the timing and methods for reducing emissions. The new subpart will reduce emissions of landfill gas, which contains both nonmethane organic compounds and methane. These avoided emissions will improve air quality and reduce public health and welfare effects associated with exposure to landfill gas emissions.
New Requirements Proposed for the Safe Transportation of Bulk Explosives
This rulemaking would be responsive to two petitions for rulemaking submitted by industry representatives: P-1557 concerning the continued use of renewal applications, and P-1583 concerning the incorporation of an industry standard publication.
The requirements of this proposed rule would mirror the majority of provisions contained in nine widely used or longstanding special permits that have established safety records. These proposed revisions are intended to eliminate the need for future renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. As proposed, the requirements would authorize the transportation of certain explosives, ammonium nitrates, ammonium nitrate emulsions, and other specific hazardous materials in bulk packagings, which are not otherwise authorized under the regulations. These hazardous materials are used in blasting operations on specialized vehicles, known as multipurpose bulk trucks, which are used as mobile work platforms to create blends of explosives that are unique for each blast site. Finally, this rulemaking addresses the construction of new multipurpose bulk trucks.
Another Concern Arises over Groundwater Contamination from Fracking Accidents
Scientists are reporting that when spilled or deliberately applied to land, waste fluids from fracking are likely picking up tiny particles in the soil that attract heavy metals and other chemicals with possible health implications for people and animals.
Tammo S. Steenhuis and colleagues note that fracking, which involves injecting huge volumes of fluids underground to release gas and oil, has led to an energy boom in the US. But it has also ignited controversy for many reasons. One in particular involves flowback, which refers to fluids that surge back out of the fracked wells during the process. It contains water, lubricants, solvents, and other substances from the original fracking fluid or extracted from the shale formation. High-profile spills and in some places, legal application of these liquids to land, have raised alarms. Research has linked fracking to groundwater contamination that could have major health effects. But another factor that no one has really addressed could play a role: colloids. These tiny pieces of minerals, clay, and other particles are a concern because they attract heavy metals and other environmental toxins, and have been linked to groundwater contamination. Steenhuis’ team set out to take a closer look.
To simulate what would happen to colloids in soil after a fracking spill, the researchers flushed flowback fluids through sand with a known amount of colloids. They found that the fluids dislodged about a third of the colloids, far more than deionized water alone. When they increased the flow rate, the fluids picked up an additional 36%. “This indicates that infiltration of flowback fluid could turn soils into an additional source of groundwater contaminants such as heavy metals, radionuclides, and microbial pathogens,” the scientists conclude. More research with real soils is planned.
Donthan, Alabama, to Pay $264,000 for Clean Water Act Violations
The violations included unauthorized overflows of untreated raw sewage and other permit violations. To come into compliance with the CWA, Dothan previously agreed to undertake improvements to its wastewater treatment and collection system as part of a separate EPA administrative enforcement action.
“Bringing systems like Dothan’s into compliance is one of EPA’s top enforcement priorities,” said EPA Regional Administrator Heather McTeer Toney. “This settlement sends a strong message to other municipalities across the Southeast to correct sewer overflows and protect residents from exposure to raw sewage and other contamination.”
Dothan’s SSOs have primarily discharged into Beaver and Cypress Creeks, both of which are on Alabama’s list of impaired waters.
In 2012, EPA negotiated an Administrative Order on Consent with Dothan that required the City to implement capacity, management, operation and maintenance programs for its wastewater system to come into compliance with the CWA and its NPDES permits. While negotiations were pending, Dothan decommissioned its Beaver Creek WWTP and began sending all of its flow to the newly upgraded Little Choctowhatchee WWTP in 2011. This significant capital project addressed a significant cause of Dothan’s SSOs.
The initiative focuses on reducing SSOs, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining municipalities’ commitments to implement timely, affordable solutions to these problems.
Minnesota Coal-Fired Utility to Pay $1.4 Million Penalty and Reduce Emissions
In a settlement with the United States, Minnesota Power, an ALLETE company based in Duluth, has agreed to install pollution control technology and meet stringent emission rates to reduce harmful air pollution from the company’s three coal-fired power plants located in Cohasset, Hoyt Lakes, and Schroeder, Minnesota, the Department of Justice and the EPA announced recently.
EPA expects that the actions required by the settlement will reduce harmful emissions by over 13,350 tons per year, which includes approximately 8,500 tons per year of sulfur dioxide. The company estimates that it will spend over $500 million to implement the required measures.
The state of Minnesota is co-plaintiff to the settlement and will receive $200,000 of the penalty.
“Reducing harmful emissions from large sources of air pollution is a national priority for EPA,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By meeting some of the lowest emission rates in the country, Minnesota Power will continue to provide energy to communities across northeastern Minnesota, while at the same time, reducing sulfur dioxide and nitrogen oxide in the air, which can pose serious health risks.”
“Today’s settlement will require system-wide controls to reduce harmful air pollution and will benefit Minnesota residents today and for years to come,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This innovative agreement will also fund projects that contribute to renewable energy production and restore valuable wetland habitat.”
The settlement requires that the company install pollution control technology and implement other measures to reduce sulfur dioxide (SO2), nitrogen oxide (NOx), and particulate matter emissions from its three coal-fired power plants, which include nine operating units, as well as a biomass-and-coal-fired cogeneration plant which provides power and steam to an adjacent paper mill. Among other requirements, the company must install control technologies and meet emission rates that will be among some of the lowest in the country for SO2 at its largest unit and for both SO2 and NOx at the second largest unit.
In addition, the company must retire, refuel, repower, or reroute emissions at five other units, and must meet emission rates and install additional control technologies at remaining units. The company also must comply with declining system-wide annual tonnage limits for both SO2 and NOx.
SO2 and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.
The settlement also requires that the company spend $4.2 million on projects that will benefit the environment and local communities, including $2 million to build a large-scale solar installation system to benefit a local tribe known as the Fond du Lac Band. In addition, the company will provide between $500,000 and $1 million to replace, retrofit, or upgrade wood burning appliances to reduce pollution, and $200,000 to the National Park Service to restore wetlands at Voyageurs National Park. For the remaining money, the company can select from the following four project types: land donation and restoration, electric vehicle charging stations, clean diesel projects, or installation of renewable energy.
The total combined SO2 and NOx emission reductions secured from all these settlements will exceed two million tons each year once all the required pollution controls have been installed and implemented.
Minnesota Power provides electric service to approximately 143,000 people and 16 municipalities within a 26,000-square-mile area in northeastern Minnesota.
Bob Perciasepe, Former EPA Deputy Administrator, Named New C2ES President
The Center for Climate and Energy Solutions (C2ES) announced that Bob Perciasepe, deputy administrator of the EPA, will become the organization’s next president.
Perciasepe, who has spent more than 30 years as an environmental policy leader in and outside government, will succeed Eileen Claussen, the center’s founding president. In addition to holding several senior posts at EPA, Perciasepe served as Maryland’s Secretary of the Environment and was the chief operating officer of the National Audubon Society.
“I’m honored and excited to be taking the helm of an organization that’s done so much to build common ground for practical climate and energy solutions,” Perciasepe said. “Throughout my career, I’ve worked to bring diverse interests together to protect both our environment and our economy. I’m eager to continue that work at C2ES at such a critical time, when we have both the opportunity and obligation to forge lasting climate solutions.”
Perciasepe, 63, has built a reputation for level-headed, intelligent leadership as EPA deputy administrator since 2009. He first joined EPA in 1993 to lead the water office before taking charge of the agency’s clean air program in 1998. As chief operating officer of the National Audubon Society, Perciasepe worked to protect wetlands and expand environmental education.
“Bob Perciasepe is a proven leader with the experience and expertise to make C2ES an even stronger force for sensible climate and energy solutions,” said C2ES Board Chair Theodore Roosevelt IV, a managing director at Barclays. “He’s exactly the sort of bridge builder we need to effectively engage government, business, individuals, and a wide range of stakeholders, all of whom must work together to find common-sense solutions.”
“The board is delighted to have found such a capable leader to build on the solid foundation laid by Eileen Claussen,” Roosevelt said. “We’re grateful to Eileen for her vision and exceptional leadership, and are confident she’ll continue making a significant contribution on these vital issues.”
Claussen, who held senior posts at the State Department, National Security Council, and EPA before launching the Center, announced last fall she would be leaving the organization she founded and has led for 16 years. She plans to explore teaching and writing.
Launched in 2011, C2ES is an independent, nonprofit, nonpartisan organization promoting strong policy and action to address the twin challenges of energy and climate change. C2ES is the successor to the Pew Center on Global Climate Change, long recognized in the United States and abroad as a pragmatic voice on climate issues.
Patriots Environmental Sued for Improper Asbestos Removal
Patriots Environmental Corporation was been sued for allegedly failing to follow proper procedures and safety precautions while removing asbestos-containing materials from a home in Sturbridge, Massachusetts, Attorney General Martha Coakley announced recently.
The lawsuit, filed Monday in Suffolk Superior Court, also alleges that the company failed to pay permit fees to the Commonwealth for at least 24 separate projects, as well as a $50,000 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for asbestos and hazardous waste violations at other sites.
“Asbestos removal is a serious public safety matter and must be performed according to strict procedures to prevent exposure to asbestos fibers, which can create very serious health problems,” AG Coakley said. “Companies working with asbestos-containing materials must be held to the highest standards of care and compliance as ordered under our state air laws and regulations.”
“Licensed asbestos contractors are well aware of the work practices that must be followed when removing, handling, packaging, and disposing of asbestos-containing materials in order to protect workers as well as the general public,” said MassDEP Commissioner David W. Cash. “They also know to properly notify MassDEP and pay the required permit fee in advance of commencing any asbestos removal project because asbestos is a known carcinogen.”
According to the complaint, in July 2013, Patriots was hired to remove asbestos shingles from the exterior walls of a single-family home in Sturbridge. During the renovation, Patriots allegedly caused the asbestos shingles to break apart, dropping debris onto on the ground and into unsealed plastic bags exposed to the air. Patriots also allegedly failed to wet, cover, or keep in sealed containers the asbestos shingles that it removed during the renovation.
Further, the complaint also alleges that Patriots, for at least 25 asbestos removal or construction and demolition projects between November 2012 and December 2013, failed to pay required permit application fees when notifying the Commonwealth of the intended operations. Additionally, Patriots failed to pay a civil administrative penalty of approximately $50,000 assessed by MassDEP against Patriots for its illegal handling of asbestos and hazardous waste at various sites in the Commonwealth in 2008.
The lawsuit seeks civil penalties for Massachusetts Clean Air Act violations, as well as payment of the outstanding fees and penalties.
Malibu Schools Highly Contaminated with Toxic PCBs
New testing in Malibu school facilities reveals illegal levels of a toxic compound dramatically higher than previously reported—as much as 7400 times higher than legal limits and the highest known results for a classroom in the US—according to a document submitted by Malibu Unites and Public Employees for Environmental Responsibility (PEER).
For months, teachers at Malibu Middle and High Schools and Juan Cabrillo Elementary School have raised concerns to the District about toxic contamination on campus, citing multiple cases of thyroid cancer and a dozen cases of thyroid disease. Others complain of rashes, migraines, hair loss, and other health effects they believe stem from their work environment. PCBs are classified as a group 1 carcinogen and are linked with serious health effects even at low levels, such as lower IQ and autism.
Samples of contaminated caulking and dirt from rooms that were not previously tested by the District confirm PCBs at thousands of times the levels previously released to the public. Laboratory results from these samples reveal that:
One room in Juan Cabrillo Elementary School had caulk containing 340,000 parts-per-million (ppm) PCBs, meaning that approximately one-third of the caulk consisted of PCBs. The legal limit triggering removal is 50 ppm. This was the first time that this elementary school has been tested, despite eight months of promises from the District to do so, and indicates serious contamination affecting 5-11-year-olds.
The highly contaminated room at Juan Cabrillo Elementary was one to which a teacher and her sixth-grade students had been moved to protect them from exposures in a middle school classroom which contained caulk only moderately above the 50 ppm legal threshold
The high school woodshop room has caulking in the interior doorframe that tested at 370,000 ppm PCBs. By contrast, the highest level previously reported by the district was 1,870 ppm in the library at MHS. This indicates that all three schools on the campus, the Elementary School, the Middle School and the High School have levels of contamination in violation of the Toxic Substance Control Act.
The P.E. office had caulking in excess of 50 ppm which confirms that all four teachers diagnosed with thyroid cancer worked in rooms where PCBs exceeded legal limits
Dirt samples from the two middle school classrooms that were previously trenched to lay down cables in August 2013 showed PCB levels 11 times higher than EPA’s recommended level. This indicates possible contamination of the soil under the building, which should be investigated.
“Sixth-grade students, including my own child, were unnecessarily exposed when relocated to a room that was more toxic than the room they were moved from,” said Jennifer deNicola, President of Malibu Unites. “Superintendent Sandra Lyon knew when relocating them to this classroom that it had been previously occupied by a teacher with thyroid cancer, yet she did not test this classroom. This is highly irresponsible. A simple $100 test would have protected our children from cancerous exposure.”
The new test results were submitted to the District as part of comments on the latest PCB plan released on July 3, 2014, by Environ, the District’s hired environmental firm, after its initial plan was rejected by the EPA. The groups criticize the plan as wholly inadequate because, among other failings, it:
Allows PCBs above legal limits to remain inside classrooms for 15 years or more
Does not include testing the caulking throughout the campus in all rooms built prior to 1979. By testing all the caulking the district would have discovered the extremely high levels found independently and could have protected teachers and students.
Limits monitoring of air quality to just one year, even if the PCBs remain in place for longer which would not ensure ongoing protection from known carcinogens
“It is unconscionable that the District and EPA, by leaving PCBs in place, are playing free and loose with the health of Malibu students and staff. Samples should be collected from each source of suspected PCB contamination,” concluded Kurt Fehling of Fehling Group, LLC, an expert health consultant retained by Malibu Unites. “Until that happens, the parents and teachers will never know if the school is safe. The testing so far has been neither comprehensive nor transparent.”
“These new independent testing results show the utter bankruptcy of the ‘don’t test, don’t know’ approach embraced by the District,” stated PEER Senior Counsel Paula Dinerstein. “It is time the District admits that conditions at all three schools pose a severe threat to children and teachers that requires more than a pledge to clean countertops.”
California Groups Urge Stronger Air Pollution Rules for Oil Refinery
California environmental and community groups—including families living near oil refineries—provided powerful testimony about why the EPA must strengthen protections from hazardous air pollution.
The statements were made during a day-long public hearing in Wilmington, California, which the EPA held as part of its 60-day public comment period on proposed standards that would strengthen emissions and monitoring requirements for the country’s nearly 150 oil refineries.
In advance of the hearing, Jane Williams, director of California Communities Against Toxics, said, “The EPA’s proposal is an improvement over the status quo. However, it does not go far enough to reduce the harmful, toxic air that our children are exposed to. More must be done to reduce hazardous pollution spewed by the nation’s oil refineries to prevent cancer, breathing problems, and other illnesses in our children.”
Although the proposed standards—to be finalized in April 2015—reduce hazardous air pollution by 5,600 tons each year and reduce cancer risk for millions of Americans, community leaders who have been working for decades for stronger protection say the standards fall short of the Clean Air Act mandate that all sources must follow at least, the average, emission control achieved by the cleanest refineries.
The proposed standards that were published in the federal register last month resulted from a consent decree resolving a lawsuit filed by Earthjustice and the Environmental Integrity Project on behalf of environmental groups in California, Louisiana, and Texas that argued that EPA missed its deadline under the Clean Air Act to review and update toxic air standards for oil refineries by more than a decade.
The proposed standards include a fence line monitoring requirement for the first time, which would require refineries to measure the toxic air contaminant benzene at the property line as it goes into the local community’s air. In addition, if benzene exceeds the new action level EPA proposes to establish, the federal agency would require a plan for corrective action.
In addition, the proposed standards would require tighter controls on emissions from storage tanks and other parts of refineries that are major contributors to toxic air pollution (such as delayed coker units) along with controls and monitoring requirements on flaring or the burning of waste gas, which is, too often, used routinely and which creates harmful new pollution.
The proposed standards also finally remove unlawful loopholes that previously allowed refineries to escape scot-free when they violated the air standards.
For EPA’s new standards to provide much-needed protection for communities on the ground, environmental groups are calling for stronger fence line monitoring requirements that would mandate the use of the best current technology to give neighborhoods a real-time, continuous measure of pollution, not just a snapshot or long-term average that masks peak exposure levels. The standards also must require accessible public reporting and enforceable corrective action so refineries will quickly fix violations. In addition, groups want to see a hard limit on flaring to ban its routine and unnecessary use and to assure refineries minimize flaring in all other circumstances, as well as tighter controls on emissions from other parts of refineries.
Cynthia Babich, of Del Amo Action Committee said she is most focused on the real world health impacts of refineries’ pollution when considering this proposal. “The EPA must do a health evaluation using the most current scientific methods, instead of ignoring dangerous health risks our communities face,” said Babich.
“People who live near refineries are often surrounded by multiple sources of contaminants from other polluters besides refineries, like chemical plants. And in view of this and the greater risk to our most vulnerable children, EPA should find the current, high level of health risk to be unacceptable and set stronger emission limits,” she said.
Jesse Marquez, of Coalition For A Safe Environment, said his organization supports EPA’s proposal to make flares more efficient when they are used, and also calls on the EPA to limit flared emissions by setting a hard cap on flaring that will ban its everyday use.
“The oil industry claims emissions have been decreasing for decades but we found that flared emissions at the four refineries in the Wilmington area increased every year between 2000 and 2011,” Marquez said. “We must have stricter standards to end all unnecessary flaring and improve our air quality.”
Although the oil industry is objecting to the new proposed standards, community groups’ testimony illustrated how important it is for EPA to reduce toxic air pollution and decrease the unacceptable extra health threats millions of Americans currently face just because they live near refineries. EPA predicts its current proposal will take about 5,600 tons each year of hazardous chemicals, associated with leukemia and other devastating forms of cancer, out of the air.
Lisa Garcia, Earthjustice’s Vice President of health, said: “It is imperative that we fight industry’s unfounded attempts to weaken EPA’s attempt to strengthen health protection, and, instead, do all we can to protect everyone—especially fence line communities and those that are overburdened—from the unacceptable harm caused by oil refineries’ pollution. We must stand behind EPA’s efforts to set strong new hazardous air pollution standards, just as the Clean Air Act requires it to do.”
Eric Schaeffer, executive director of the Environmental Integrity Project said: “EPA’s analysis shows that the proposed emission controls are worthwhile and will have negligible impact on the bottom-line of these companies, many of which report multi-billion dollar profits every year. The communities affected by refinery pollution cannot continue to pay for this pollution in the form of medical bills and missed school and work days, which add up to tens of millions of dollars every year.”
Climate Data from Air, Land, Sea, and Ice in 2013 Reflect Trends of a Warming Planet
Scientists from NOAA’s National Climatic Data Center in Asheville, North Carolina, served as the lead editors of the report, which was compiled by 425 scientists from 57 countries around the world (highlights, visuals, full report). It provides a detailed update on global climate indicators, notable weather events, and other data collected by environmental monitoring stations and instruments on air, land, sea, and ice.
“These findings reinforce what scientists for decades have observed: that our planet is becoming a warmer place,” said NOAA Administrator Kathryn Sullivan, Ph.D. “This report provides the foundational information we need to develop tools and services for communities, business, and nations to prepare for, and build resilience to, the impacts of climate change.”
The report uses dozens of climate indicators to track patterns, changes, and trends of the global climate system, including GHGs; temperatures throughout the atmosphere, ocean, and land; cloud cover; sea level; ocean salinity; sea ice extent; and snow cover. These indicators often reflect many thousands of measurements from multiple independent datasets. The report also details cases of unusual and extreme regional events, such as Super Typhoon Haiyan, which devastated portions of Southeast Asia in November 2013.
Highlights:
GHGs continued to climb: Major GHG concentrations, including carbon dioxide (CO2), methane and nitrous oxide, continued to rise during 2013, once again reaching historic high values. Atmospheric CO2 concentrations increased by 2.8 ppm in 2013, reaching a global average of 395.3 ppm for the year. At the Mauna Loa Observatory in Hawaii, the daily concentration of CO2 exceeded 400 ppm on May 9 for the first time since measurements began at the site in 1958. This milestone follows observational sites in the Arctic that observed this CO2 threshold of 400 ppm in spring 2012.
Warm temperature trends continued near the Earth’s surface: Four major independent datasets show 2013 was among the warmest years on record, ranking between second and sixth depending upon the dataset used. In the Southern Hemisphere, Australia observed its warmest year on record, while Argentina had its second warmest and New Zealand its third warmest.
Sea surface temperatures increased: Four independent datasets indicate that the globally averaged sea surface temperature for 2013 was among the 10 warmest on record. El Nino Southern Oscillation (ENSO)-neutral conditions in the eastern central Pacific Ocean and a negative Pacific decadal oscillation pattern in the North Pacific. The North Pacific was record warm for 2013.
Sea level continued to rise: Global mean sea level continued to rise during 2013, on pace with a trend of 3.2 ± 0.4 mm per year over the past two decades.
The Arctic continued to warm; sea ice extent remained low: The Arctic observed its seventh warmest year since records began in the early 20th century. Record high temperatures were measured at 20-meter depth at permafrost stations in Alaska. Arctic sea ice extent was the sixth lowest since satellite observations began in 1979. All seven lowest sea ice extents on record have occurred in the past seven years.
Antarctic sea ice extent reached record high for second year in a row; South Pole station set record high temperature: The Antarctic maximum sea ice extent reached a record high of 7.56 million square miles on October 1. This is 0.7% higher than the previous record high extent of 7.51 million square miles that occurred in 2012 and 8.6% higher than the record low maximum sea ice extent of 6.96 million square miles that occurred in 1986. Near the end of the year, the South Pole had its highest annual temperature since records began in 1957.
Tropical cyclones near average overall/Historic Super Typhoon: The number of tropical cyclones during 2013 was slightly above average, with a total of 94 storms, in comparison to the 1981-2010 average of 89. The North Atlantic Basin had its quietest season since 1994. However, in the Western North Pacific Basin, Super Typhoon Haiyan—the deadliest cyclone of 2013—had the highest wind speed ever assigned to a tropical cyclone, with one-minute sustained winds estimated to be 196 miles per hour.
State of the Climate in 2013 is the 24th edition in a peer-reviewed series published annually as a special supplement to the Bulletin of the American Meteorological Society.
“State of the Climate is vital to documenting the world’s climate,” said Dr. Keith Seitter, AMS Executive Director. “AMS members in all parts of the world contribute to this NOAA-led effort to give the public a detailed scientific snapshot of what’s happening in our world and builds on prior reports we’ve published.”
DOT’s National Freight Advisory Committee Issues Recommendations to Improve National Freight System
US Transportation Secretary Anthony Foxx recently announced receipt of a report from the Department of Transportation’s (DOT) National Freight Advisory Committee (NFAC) that makes recommendations to improve the performance of the Nation’s freight transportation system. These recommendations will be used to inform the development of the DOT’s National Freight Strategic Plan.
The report was submitted to the Secretary ahead of a two-day NFAC meeting in Washington, DC beginning Tuesday. The NFAC was established by Secretary LaHood in June 2013.
“Our nation’s economic competitiveness depends on a transportation network that can move freight safely and efficiently, especially as we are expected to move double the current amount by 2050,” said Secretary Foxx. “I appreciate the work of the advisory committee—their suggestions will help inform the Department’s work improving our country’s future freight system.”
The 81 recommendations made by NFAC, now under review by the Department, include suggestions to improve safety and security across the freight rail network, highlight funding needs and challenges, and call for increased streamlining processes and better collection of data and research.
Together, these recommendations highlight the need for increased transportation investment and greater certainty to support the kind of research and planning such projects would require. Earlier this year, Secretary Foxx submitted the GROW AMERICA Act for consideration by Congress. This Act will make critical investments to help improve the safe and efficient movement of freight across all modes of transportation—highway, rail, port, and pipeline by providing $10 billion over four years for targeted investments in the nation’s transportation system to improve the movement of freight and by giving shippers, transportation providers, and freight workers a real seat at the table for making investment decisions. The GROW AMERICA Act will also better align planning among the Federal government, states, ports, and local communities to improve decision-making and help improve the US’s long-term competitiveness by taking steps to achieve President Obama’s call to reduce the time it takes to break ground on a new transportation project.
To help DOT promote a safe, economically efficient, and environmentally sustainable freight transportation system, the NFAC provides advice and recommendations to the Secretary on matters related to freight transportation in the United States including (1) implementation of the freight transportation requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21); (2) establishment of the National Freight Network; (3) development of a National Freight Strategic Plan; (4) development of strategies to help States implement State Freight Advisory Committees and State Freight Plans; (5) development of measures of conditions and performance in freight transportation; (6) development of freight transportation investment, data, and planning tools; and (7) legislative recommendations.
California Water Board Approves Emergency Regulation to an Increase Water Conservation
In response to the ongoing severe drought, on Tuesday the State Water Resources Control Board approved an emergency regulation to ensure water agencies, their customers, and state residents increase water conservation in urban settings or face possible fines or other enforcement.
The new conservation regulation is intended to reduce outdoor urban water use. The regulation, adopted by the State Water Board, mandates minimum actions to conserve water supplies both for this year and into 2015. Most Californians use more water outdoors than indoors. In some areas, 50% or more of daily water use is for lawns and outdoor landscaping.
Many communities and water suppliers have taken bold steps over the years and in this year to reduce water use; however, many have not and much more can and should be done statewide to extend diminishing water supplies.
With this regulation, all Californians will be expected to stop: washing down driveways and sidewalks; watering of outdoor landscapes that cause excess runoff; using a hose to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle, and using potable water in a fountain or decorative water feature, unless the water is recirculated. The regulation makes an exception for health and safety circumstances.
Larger water suppliers will be required to activate their Water Shortage Contingency Plan to a level where outdoor irrigation restrictions are mandatory. In communities where no water shortage contingency plan exists, the regulation requires that water suppliers either limit outdoor irrigation to twice a week or implement other comparable conservation actions. Finally, large water suppliers must report water use on a monthly basis to track progress.
Local agencies could ask courts to fine water users up to $500 a day for failure to implement conservation requirements in addition to their existing authorities and processes. The State Water Board could initiate enforcement actions against water agencies that don’t comply with the new regulations. Failure to comply with a State Water Board enforcement order by water agencies is subject to up to a $10,000 a day penalty.
“We are facing the worst drought impact that we or our grandparents have ever seen,” said State Water Board Chair Felicia Marcus. “And, more important, we have no idea when it will end. This drought’s impacts are being felt by communities all over California. Fields are fallowed; communities are running out of water, fish and wildlife will be devastated. The least that urban Californians can do is to not waste water on outdoor uses. It is in their self-interest to conserve more, now, to avoid far more harsh restrictions, if the drought lasts into the future. These regulations are meant to spark awareness of the seriousness of the situation, and could be expanded if the drought wears on and people do not act.”
In addition to approving the emergency conservation regulation, the State Water Board made a plea for water suppliers, communities, and businesses to do even more.
The new regulation was developed following two drought emergency declarations by Governor Brown. On January 17, Governor Edmund G. Brown Jr. issued a drought emergency proclamation following three dry or critically dry years in California.
The April 25 Executive Order issued by the Governor directs the State Water Board to adopt an emergency regulation as it deems necessary, pursuant to Water Code section 1058.5, to ensure that urban water suppliers implement conservation measures.
As drought conditions continue, the State Water Board may revisit this regulation and consider other measures to enhance conservation efforts throughout the state.
Following Board adoption, the regulation will likely go into effect on or about August 1, following submittal to the Office of Administrative Law. The emergency regulation remains in effect for 270 days, unless extended by the State Water Board due to ongoing drought conditions.
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Trivia Question of the Week
Burning waste for energy instead of sending it to landfills could prevent how many tons of greenhouse gases from entering the atmosphere each year?
a) 3 million
b) 23 million
c) 123 million
d) 2 billion
