“The introduction of this legislation marks a major step forward in our efforts to bring to current industry standards an important statute that, once it becomes law, will permanently shine the bright light of public disclosure on a range of chemicals that consumers encounter in a diverse array of products they use each and every day,” said Rush whose subcommittee has jurisdiction over TSCA enforcement. “I appreciate the tremendous work, testimony, analysis and public comments that a variety of stakeholders and consumer groups have shared as we’ve worked to craft a piece of legislation that both protects consumers while respecting the right of private industry to innovate while protecting businesses’ confidentiality, trade secrets and intellectual property rights. We are working with all deliberate speed, in this session of Congress, to update a law that is of major importance to American consumers,” said Rush whose committee will hold a hearing on this legislation near the end of July.
“Reform of the Toxic Substances Control Act is long-overdue,” said Chairman Henry A. Waxman. “Over the past few months, at the request of affected industries, Chairman Rush and I led a robust stakeholder process that involved a serious and candid exchange of views on TSCA reform. This process was extremely valuable and productive. The result is the bill which will protect public health and the environment while promoting American jobs and innovation. There is much work still ahead, but I am confident that today’s legislation marks a critical step on the road toward reforming TSCA and enacting a smart and safe chemical policy for America.”
Over the last two decades, a number of statutory and regulatory barriers to effective implementation of TSCA have been identified, and there has been a growing consensus that TSCA should be amended. In 2009, the Government Accountability Office (GAO) named TSCA a “high-risk” priority, and one of the areas most in need of broad reform.
Over the past year, EPA and other stakeholders, including the American Chemistry Council and a broad coalition of public health, labor, and environmental groups, have issued principles enumerating their priorities for legislation. In addition, many other stakeholders have articulated their views on how to reform TSCA.
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™.
Improved Waste Decision Matrix Now Available for Texas Hazardous Waste
Have you ever produced a hazardous or industrial waste stream but were uncertain as to how to properly classify the waste? The TCEQ waste rules found in 30 TAC, Chapter 335, Subchapter R require you to classify all of the hazardous and industrial waste that you generate.
This classification process is not always easy. To classify your waste as “hazardous, nonhazardous, industrial class 1, 2, or 3, special waste, or excluded,” you should gather all available information about the waste. For example, material safety data sheets (MSDSs), lab results, process knowledge, or other manufacturer’s information should be able to help you with the classification process.
The TCEQ knows how difficult making those decisions can be and has upgraded an online tool called the Waste Designation Decision Matrix to help make those classifications easier. With each question, there are explanations and links to additional information that will help you make your determination.
Delaware Becomes First State to Receive Delegation from EPA for Offshore Wind Permitting
Delaware has become the first state delegated authority for enforcing and implementing offshore wind permitting related to air quality as it prepares to site the country’s first offshore wind farm—continuing as a national leader in renewable and alternative energy. The Department of Natural Resources and Environmental Control (DNREC) was granted delegating authority this week by the EPA through a statute of the federal Clean Air Act (CAA) pertaining to the outer continental shelf.
The EPA delegated to DNREC the primary authority to implement and enforce the federal Outer Continental Shelf (OCS) regulations. Delaware adopted the federal requirements into 7 DE Admin Code 1150, Outer Continental Shelf Air Regulations, in June 2010. These regulations control air pollution from OCS sources by establishing that Delaware’s land-based air pollution control requirements apply to sources located on or above the outer continental shelf, which is any area within 25 miles of Delaware’s coastline.
Delaware’s delegation of the OCS regulation marks the first time that a state program has been delegated authority of the rule. Previously, only a handful of local Air Pollution Control Districts within California had been delegated authority by EPA. The first action in Delaware that will be subject to these regulations is a proposed meteorological tower associated with the Blue Water Wind project. This meteorological tower is proposed to be constructed approximately 18 miles off the coast of Delaware’s shore. The regulation will require that any emissions that occur during its construction and operation, or during any future projects’ construction and operation, will be controlled to the same level as if those emissions occurred on land.
“Offshore wind represents an important environmental and economic opportunity for the State of Delaware,” said DNREC Secretary Collin P. O’Mara, who also serves as chairman of a Bureau of Ocean Energy Management (BOEM) Delaware task force on offshore wind. “By receiving delegation of federal permitting authority from EPA, we are one step closer to ensuring that the promise of offshore wind is realized in a timely fashion.”
Delaware last week hosted the BOEM task force to help coordinate and accelerate the permitting process. This week, Governors Jack Markell of Delaware and Martin O’Malley of Maryland wrote a letter to President Obama asking the federal government to partner with the two states in buying offshore wind energy. Maryland and Delaware continue to work together to expand the Blue Water Wind Mid-Atlantic Wind Farm off the coast of Rehoboth to maximize economic and manufacturing opportunities.
DNREC’s having authority for implementing and enforcing air quality permitting is essential for moving forward with offshore wind. “This action allows Delaware to more effectively respond to the permitting needs of any offshore project and associated timing for permit issuance,” said Ali Mirzakhalili, director of DNREC’s Division of Air Quality.
First Half of 2010 is the Warmest on Record for the Globe
The first six months of 2010 were the warmest on record, according to a new analysis by the National Oceanic and Atmospheric Administration (NOAA). For comparison, the second-warmest January-June on record was in 1998, when the average global temperature was 1.19?F above the 20th-century average. Temperatures on land were the second-warmest on record, falling behind 2007, while ocean surface temperatures were also the second-warmest on record, falling behind 1998. In addition, every month from March to June 2010 was the warmest on record for the globe.
EPA Seeks Input on Stormwater Rule Changes
The goal is to protect water quality, reduce stormwater discharges and groundwater contamination from developed sites (e.g., subdivisions, roadways, industrial facilities, and commercial buildings or shopping centers), and to reduce the potential burden the proposed regulation may have on small entities.
If you are a developer or owner of sites such as subdivisions, roadways, industrial facilities, and commercial buildings or shopping centers and your business is a small business, or you own or operate a small MS4 that may potentially be subject to this rulemaking, you may be eligible to serve as a Small Entity Representative on a Small Business Advocacy Review (SBAR) Panel.
Massachusetts Authorized to Implement Lead Renovation Program, While EPA Provides More Time for Contractors to Obtain Certification and Training
Massachusetts became the second New England state and ninth nationally, to receive authorization to administer and enforce EPA’s Lead Renovation Program (). The program mandates that anyone receiving compensation for renovating, repairing and painting work in homes and child-occupied facilities built before 1978 be trained and certified in lead-safe work practices by the state of Massachusetts.
By taking state-wide authority for administering the national RRP program, Massachusetts will be able to provide greater local oversight. EPA’s authorization is based on certifications from Governor Deval Patrick and Attorney General Martha Coakley, that the Massachusetts program is at least as protective as the EPA RRP program and provides adequate enforcement.
EPA also recently announced that it is providing renovation firms and workers additional time to obtain training and certifications to comply with the new lead rules. EPA will not take enforcement action for violations of the rule’s firm certification requirement until October 1, 2010, and will not enforce certification requirements against individual renovation workers if they apply to enroll in certified renovator classes by September 30, 2010 and complete the training by December 31, 2010. EPA is taking this step because of concern that contractors in some areas may be having difficulty accessing training classes.
Even with the additional time to certify firms and obtain training, EPA will enforce against renovation firms and individuals who do not comply with the RRP work practices and associated recordkeeping requirements. The lead-safe work practices include dust control, site clean up and work area containment. It is important that contractors take proactive steps to protect children, families, and themselves while they take the training and file the appropriate paperwork.
Another recent modification to the RRP program is to eliminate a provision from existing regulations that allowed owner-occupants of pre-1978 homes to “opt-out” of having their contractors follow lead-safe work practices if there were no children under six years of age in the home.
The RRP program mandates that contractors, property managers and others working for compensation, in homes and child-occupied facilities built before 1978, must be trained and use lead-safe work practices. They are also required to provide the lead pamphlet “Renovate Right; Important Lead Hazard Information for Families, Child Care Providers and Schools” to owners and occupants before starting renovation work.
Lead contaminated dust is the most significant source of lead exposure for children. Common renovation activities like sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. Lead-based paint was used in more than 38 million homes until it was banned for residential use in 1978.
At present, almost a million children have elevated blood lead levels as a result of exposure to lead hazards, which can lead to lower intelligence, learning disabilities, and behavior issues. Adults exposed to lead hazards can suffer from high blood pressure and headaches. EPA has eliminated the so-called opt-out provision because improper renovations in older homes can create lead hazards resulting in harmful health effects for residents and visitors in these homes, regardless of age. The result will better protect children and adult occupants during and after renovation, repair, and painting projects.
The RRP rule requires certification of training providers and lead-safe work practice certification for individuals involved in the construction and remodeling industry. To date, EPA has certified 254 training providers who have conducted more than 16,000 courses and trained an estimated 320,000 renovators in lead-safe work practices.
“Because we have so much older housing stock here in New England, protecting kids from exposure to lead-based paint is one of the most important things we can do,” said Curt Spalding, regional administrator for EPA’s New England regional office. “Lead exposure is entirely preventable, and can cause permanent, serious, life-long problems. This rule is the next step in EPA’s goal to protect children from the hazards of lead-based paint.”
New Toolkit to Help Local Governments with Green Building Practices
EPA Region 4 announced the release of the Sustainable Design and Green Building Toolkit for Local Governments. The Toolkit is designed to assist local governments in identifying and removing permitting barriers to sustainable design and green building practices. It provides a resource for communities interested in conducting their own internal evaluation of how local codes/ordinances either facilitate or impede a sustainable built environment, including the design, construction, renovation, and operation and maintenance of a building and its immediate site.
The Toolkit contains an Assessment Tool, a Resource Guide, and an Action Plan for implementing changes to the permitting process. The Assessment Tool is designed for local governments to review their permitting process and identify barriers or resistance to sustainable design practices. The Assessment offers a green/yellow/red progress indicator for the user. Green indicates that the community is doing well in encouraging sustainable design through its codes and ordinances. Yellow indicates that there is room for improvement within the existing permitting process. Red indicates that the community may want to identify the cause of the barrier(s) and remove it from the process.
The Resource Guide contains links to existing organizations and documents that will help communities learn more about each category in the Assessment Tool. Additionally, the Resource Guide provides users with information that can aid in making codes and ordinances more compatible or supportive of sustainable design and green building. If green tools or techniques are not permitted or encouraged, this information can help local governments implement changes to allow these techniques.
The Action Plan section will help communities develop their own tailored approach for implementing the necessary regulatory and permitting changes to allow for more sustainable design and green building practices.
National Car Rental Fined Nearly $500K for Diesel Idling Violations at Logan and Bradley Airports
On numerous occasions in 2006 and 2007, EPA investigators observed the shuttle buses that carry passengers from the airport terminal to the rental car locations idling excessively. At the time, Vanguard Car Rental USA Inc., operated the National Car Rental facilities at Logan and Bradley Airports. The current owners and operators of these facilities are Enterprise Rent-A-Car Company of Boston, LLC, and CAMRAC, LLC. Both Massachusetts and Connecticut have clean air regulations which limit motor vehicle idling (to five minutes in Massachusetts and three minutes in Connecticut) with exceptions allowed for vehicles undergoing maintenance, making deliveries, or in extreme cold conditions.
“Here in New England, we suffer from disproportionately high asthma rates,” said Curt Spalding, regional administrator of EPA’s New England Office. “Diesel pollution is very harmful, especially for sensitive populations such as the young, elderly and people who suffer from asthma. It is critical for the health of the surrounding community that companies like National Car Rental comply with anti-idling laws.”
EPA had documented idling violations at Logan Airport dating back to 2002. Since taking over from Vanguard in mid-2007, Enterprise Rent-A-Car and CAMRAC have been taking steps to address excessive idling at the Logan and Bradley facilities, including more management oversight, posting no-idling signs, installing electronic idling controls, and retraining drivers.
The Consent Decree, lodged in federal court and requiring approval by the court, requires the companies to continue with anti-idling measures, such as driver training, daily management walk-throughs to monitor idling, maintaining electronic idling controls, and posting of no-idling signs.
Diesel emissions contribute to a number of serious air pollution problems such as smog, acid rain, and increased carbon concentrations in the atmosphere. In New England, diesel engines are the third largest human-made source of fine particles, contributing more than 20% of fine particle emissions. Fine particles can cause lung damage and aggravate respiratory conditions, such as asthma and bronchitis. Based upon human and laboratory studies, there is also considerable evidence that diesel exhaust is a likely carcinogen.
Idling engines typically waste up to a gallon of fuel per hour. As a result, it makes good economic and environmental sense to minimize idling. Moreover, idling is harmful to engines, increasing maintenance costs and shortening engine life. For a wait time of more than a few seconds, turning off the engine saves fuel, protects the engine, and helps improve air quality.
Two New Hampshire Companies Face Fines for Oil Spill Prevention Violations
Two New Hampshire companies with facilities that store significant amounts of oil each face penalties of up to $177,500 for their failure to take adequate precautions to prevent and contain oil spills, in violation of the federal CWA.
According to complaints issued recently by the EPA, Munce’s Superior and Munce’s Superior Petroleum Products of Gorham as well as Ryezak Oil Co., of Rumney failed to fully prepare and maintain Spill Prevention, Control, and Countermeasure Plans .
The violations occurred despite attempts by EPA to gain information and require compliance. Although contacted by EPA, both companies have failed to respond to agency inquiries or phone calls.
According the EPA complaints, Munce’s failed to fully implement the required SPCC plan at three of its four oil storage facilities. At its fourth facility, the company failed to create any plan at all. Munce’s has a total storage capacity of about 181,000 gallons, all within 50 to 500 feet of the Androscoggin River. EPA staff inspected the facility in November 2009.
Ryezak, inspected by EPA in March 2009, had an aggregate above ground storage capacity of about 70,000 gallons—all of it located about 200 feet from a storm drain that empties into the Baker River. The company did not have a secondary containment area for oil spills, as required by its spill prevention plan.
In addition to facing penalties as high as $177,500, the companies must take steps to bring the facilities into immediate compliance with the federal spill prevention and response planning requirements.
Federal law requires facilities that have the potential for spills to create spill prevention plans to prevent oil discharges to the nation’s rivers, lakes and oceans. Any facility with more than 1,320 gallons of above-ground oil storage capacity and meeting certain other criteria must have these plans in place.
Since accidents happen, the law recognizes it is equally important that facilities know how to minimize environmental damage when spills do occur, and therefore requires response planning and spill preparation. This includes adequate employee training, spill response equipment, and a contingency plan for containing and cleaning up a release.
Illinois Introduces New Toolkit to Help Businesses Boost Recycling
The Illinois Department of Commerce and Economic Opportunity (DCEO) in partnership with the Illinois Recycling Association (IRA) announced the availability of a new toolkit to help Illinois businesses and organizations reduce the amount of material they pay to have landfilled. The “Recycling Works: A Toolkit for Reducing Waste in the Workplace” resource guide was developed by Shaw Environmental with the support of a DCEO grant to IRA.
“Illinois businesses and other public and private entities still generate significant amounts of scrap and waste materials that end up being landfilled,” said DCEO Director Warren Ribley. “This toolkit is designed to provide businesses, schools, universities, governmental and other institutions with up-to-date information to evaluate and establish waste minimization and avoidance, reuse and recycling programs.”
IRA is currently looking for opportunities to coordinate and partner with local interested groups to host 2-3 hour recycling workshops. These events should be designed to be very low cost or free to invite the greatest amount of participation. The number of workshops that can be held will be limited and final locations will need to be geographically diverse.
Two free toolkit seminars are currently scheduled on July 28 at the INB Center in Springfield and on August 11 at the Clock Tower Conference Center in Rockford. Information about future workshops will be posted to this site as it becomes available.
Finally, DCEO and IRA are working to finalize other tools that will supplement this initiative. A database of recycling opportunities in Illinois is expected to be completed within the coming months.
Washington Invites Comments on New Construction Stormwater Permit
The permit is a key tool to help developers prevent muddy water from leaving construction sites. Muddy water is considered pollution because it can smother plants, animals, fish eggs, and damage fish gills. It can also carry a variety of toxic pollution into downstream waters. Sediment and minerals in muddy runoff can feed plant growth and contribute to algae blooms. When algae blooms die off, the process robs oxygen from the water.
The current permit, which covers approximately 2,000 sites, expires in December 2010.
Ecology will host five informational workshops and public hearings about the proposed permit. Each begins at 1 p.m.
- Vancouver – August 23 at Washington State School for the Blind, 2214 East 13th St.
- Tacoma – August 25 at Pierce County Parks and Recreation, Sprinker Recreation Center 14824 ‘C’ St. South
- Mount Vernon – August 27 at Skagit Public Utility District, 1415 Freeway Drive
- Yakima – August 31 at Southeast Yakima Community Center, 1211 South 7th St.
- Spokane Valley – September 1 at City of Spokane Valley CenterPlace, 2426 North Discovery Place
Ecology will accept written and oral comments on the draft permit, fact sheet, and notice of intent. Comments should cite page number and line number and reference specific text when possible. Ecology encourages comments by e-mail. Submit them with the subject line:
Anyone may provide oral comments by testifying at the public hearings. You may submit written, hard-copy comments to Sharleen Bakeman—Permit Comments, Department of Ecology, P.O. Box 47600, Olympia, Washington, 98504-7600. Ecology must receive written, postmarked or e-mailed comments no later than midnight, September 10, 2010.
Real Estate Development and Construction Companies Fined for Clean Water Violations
Subject to court approval, three related real estate development, construction, and engineering companies will pay a $150,000 penalty for illegally discharging polluted stormwater from multiple Massachusetts construction sites. In addition, the companies will perform a Supplemental Environmental Project (SEP) valued at approximately $300,000 which will further reduce stormwater pollution to the environment.
Several EPA inspections revealed that Fafard Real Estate and Development Corporation, FRE Building Company, Inc., and Benchmark Engineering Corp. (collectively referred to as Fafard) had engaged in construction activities at approximately 13 construction sites in eastern Massachusetts in towns such as Holliston, Natick, Uxbridge, Milford, Marlborough, and others, without having, or without fully complying with federal stormwater permits. Of particular concern were sites where Best Management Practices (BMPs) were not being implemented to reduce the impact of stormwater discharges on the environment from these construction sites.
Should the court approve a federal consent decree which was lodged in the federal district court of Massachusetts, Fafard will pay a cash penalty of $150,000 to resolve the violations. In addition, Fafard will implement a SEP in the form of imposing a permanent restriction on land that it will offer to donate to the Town of Uxbridge, Massachusetts, to be preserved for environmental conservation and stormwater management. Fafard will also construct two water quality basins and associated stormwater management infrastructure on the land to reduce stormwater runoff impacts. The SEP will greatly reduce the amount of Total Suspended Solids that get washed into a stream that runs through the land each year. The SEP is estimated to cost Fafard $300,000.
Uncontrolled runoff from construction sites is a water quality concern because of the negative effect that sedimentation can have on local water bodies, especially small streams. In addition, the increase in the amount of runoff during storms resulting from removal of vegetation, soil compaction, and the increase in impervious cover such as new pavement can overwhelm a small stream channel’s capacity, resulting in streambed scour, stream-bank erosion, and destruction of near-stream vegetative cover.
Construction activities also yield pollutants such as pesticides, petroleum products, construction chemicals, solvents, asphalts, and acids that can contaminate stormwater runoff. Total suspended solids concentrations from uncontrolled construction sites contribute to many water quality, habitat, and aesthetic problems in our waterways, such as increased turbidity and destruction of habitat for fish and other organisms.
Under the terms of the settlement, Fafard is required to implement a management and reporting system designed to provide increased oversight of on-the-ground operations and ensure greater compliance with the stormwater requirements. Specific measures include: 1) establishing the position of stormwater manager who will be responsible for stormwater compliance within the company, including the designation of trained, qualified staff at every construction site; 2) a requirement to conduct pre-construction inspections and quarterly oversight inspections and reviews at all sites in addition to the routine inspections required by NPDES permits; 3) a requirement to use EPA-approved forms for pre-construction inspections, routine inspections, and quarterly inspections and reviews; and, 4) a requirement to implement stormwater training programs for stormwater managers and stormwater orientation programs for stormwater consultants and contractors.
Construction activities that disturb one acre or more are regulated under the NPDES stormwater program.
In recent years, EPA has taken several enforcement actions against some of the largest homebuilders in the country who have not complied with federal and state stormwater control standards.
Concrete Manufacturer Pays Penalty for Clean Water Violations
Subject to court approval, Cardi Materials, LLC of Warwick, Rhode Island, will pay a $55,000 civil penalty and perform an additional project costing $168,500 to resolve numerous violations of the CWA at its Warwick concrete manufacturing facility.
Process waters include waters from concrete production manufacturing operations such as vehicle and equipment cleaning, and concrete truck washout and can contain caustic chemicals that are toxic to fish and other aquatic life. These measures will result in the elimination of caustic chemical discharges, the elimination of tens of thousands of pounds of sediment being discharged into the environmental annually, as well as significant reductions in oil and grease, iron, and nitrate and nitrogen.
Further, the settlement requires Cardi to perform a comprehensive environmental audit of its facility to ensure that it is in compliance with all federal environmental laws. The company must also conduct additional monitoring and reporting of stormwater discharges, hire personnel certified in stormwater management to oversee compliance with stormwater permits, and provide training in stormwater management for all operational employees.
The proposed settlement also requires Cardi to perform a “Supplemental Environmental Project” (SEP), costing $168,500, to install porous pavement along a park road located in Hunt’s Mills, a park located in East Providence, Rhode Island. The current roadway is made of impervious materials that are in poor condition. Stormwater from the road currently runs into wetlands adjacent to the Ten Mile River and into the Ten Mile River directly. The SEP will not only serve to demonstrate the use of green building and sustainable practices, but also will reduce stormwater runoff, increase groundwater recharge, and reduce the need for irrigation.
The complaint, filed in federal court with the settlement, alleges unpermitted process water and stormwater discharges from the company’s concrete truck washing and loading operations, and failure to develop and implement a SPCC Plan under the Oil Pollution Prevention regulations.
For a period after receiving a permit to discharge stormwater, the complaint alleges that Cardi failed to implement best management practices to minimize the pollutant levels in stormwater discharged offsite. The stormwater, contaminated with process wastewater, and containing total suspended solids, oil and grease, metals, and caustic chemicals, flowed into Three Pond Brook, which flows into the Pawtuxet River and ultimately, to Narragansett Bay.
The CWA requires that many industrial operations, such as ready-mix concrete plants and asphalt batching plants, have controls in place to prevent pollutants from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that establishes and implements best management practices that the company will follow to prevent runoff from being contaminated by pollutants.
Without onsite controls, as stormwater flows over these sites, it can pick up pollutants, and carry them to nearby waterways where they contribute to water quality impairments that can harm or kill fish and wildlife, and impair or degrade uses, such as swimming, fishing and drinking.
Cardi is required to pay the penalty within 30 days of the court’s approval of the settlement.
This settlement is the latest in a series of federal enforcement actions to address stormwater violations from industrial facilities and construction sites around the country. In August 2009, Aggregate Industries—Northeast Region Inc., paid a $2.75 million civil penalty and implemented a regional evaluation and compliance program to resolve numerous violations of the CWA at 23 facilities in Massachusetts and New Hampshire. That penalty was the largest ever assessed to a nationwide ready-mix concrete company for stormwater violations under the CWA.
Environmental Company Fined for Inadequate Spill Cleanup
The Washington Department of Ecology (Ecology) has issued a $14,000 penalty to Emerald Services Inc., for failing to promptly and completely cleanup a December 2009 oil spill at its Lincoln Avenue facility in Tacoma.
Ecology says Emerald Services misrepresented its ability to respond to and clean up the spill. When Ecology spill responders checked on the site the following day, oil continued to flow from the spill area and spread in the rainfall. Oil was also found in an underground utility vault. Ecology had to require Emerald Services to order additional resources to complete the cleanup.
“The company should’ve been better prepared to handle this spill,” said Ecology spill responder John Hanson. “At minimum, Emerald’s staff could have put plastic sheeting over the spill area when the rain started to limit how much oil got into the soil. If they had, cleanup would have been easier and less expensive.”
Emerald Services operates facilities in Washington, Oregon, Idaho, Montana, and Utah. It provides a variety of industrial services, including recycling and recovering solvents and automotive fluids such as oil and antifreeze; transporting hazardous and non-hazardous wastes; and cleanup operations involving vacuum trucks.
On December 15, 2009, Emerald Services reported an oil spill from a rail car owned by a different company. The rail car had been loaded with used oil filters and oil for transport to a recycling center. A valve at the bottom of the rail car failed, allowing 40 to 60 gallons of used oil to leak to the ground.
Emerald Services notified Ecology, but characterized it as a small, contained spill that the company could quickly clean up. The company assured Ecology later in the day that cleanup efforts were going well.
Emerald Services halted the cleanup overnight, which allowed the oil to spread farther, impact a larger area of the ground and make its way into city of Tacoma utility vault. The rainfall and passing traffic helped spread the oil, too.
After arriving the next morning to check on the cleanup, Ecology staff directed Emerald Services to step up its efforts. The company didn’t have a trained supervisor on-site who could order the additional resources and staff needed, so Ecology stayed on scene until an outside cleanup contractor arrived.
Ava Edmonson, section manager of Ecology’s Hazardous Waste and Toxics Reduction program, said, “This penalty is a clear reminder that preventing and responding to oil spills is very important. All companies who deal with hazardous materials on a daily basis must train their staff and have adequate resources on hand to respond to spill emergencies.”
Jerry Bartlett, Vice President at Emerald Services offered, “Emerald takes all spill actions seriously whether they were caused by us or someone else. We have intensified our efforts to respond quicker to such occurrences.”
Ecology estimates that the company’s failure to act promptly cost the company over $73,000 in additional cleanup costs once the used oil spread to the underlying soil.
Emerald Services has 30 days to ask Ecology to file a formal appeal with the Pollution Control Hearings Board or pay the penalty.
New York Attorney General Defends Global Warming Limits
New York Attorney General Andrew M. Cuomo announced a 13-state coalition has filed a motion in Washington, D.C. Circuit Court of Appeals defending a new environmental regulation limiting greenhouse gases.
Starting in January 2011, pollution control requirements under the federal CAA will apply for the first time to new or modified facilities that emit global warming pollution. A new rule from the EPA focuses these requirements on the largest facilities, such as power plants, cement kilns, and oil refineries. These large facilities account for 70% of the greenhouse gases from stationary sources.
In response, interest groups representing some of these large polluters have sued the EPA to overturn the rule. The 13-state coalition has filed a motion to intervene to defend the EPA and oppose the lawsuits brought by the industry groups.
“New York is leading a coalition of states from around the country to defend common-sense regulations that will protect our country’s health and well-being from global warming pollution,” said Attorney General Cuomo.
The states joining New York in the motion are: California, Illinois, Iowa, Maryland, Massachusetts, Maine, New Hampshire, New Mexico, North Carolina, Oregon, Pennsylvania, and Rhode Island.
Attorney General Cuomo has been a leader in the fight against global warming on a number of fronts. His office has fought to defend New York’s right to reduce emissions of global warming pollution from cars, to require major energy companies to fully disclose the risks that climate change poses to their investors, and to oppose coal-fired power plants that rely on outdated pollution control technologies. Most recently, the Attorney General joined 13 other states and the City of New York to defend an industry challenge to new federal regulations that set national controls on global warming pollution from cars.
This case is being handled by Assistant Attorneys General Isaac Cheng and Morgan Costello of the Attorney General’s Environmental Protection Bureau under the supervision of Affirmative Litigation Section Chief Michael Myers.
New Stream Crossing Rules in New Hampshire
Most of the new rules are in new chapter Env-Wt 900, but related changes have been made in Env-Wt 101 (definitions), in Env-Wt 300, Env-Wt 500, and Env-Wt 800.
The stream crossing rules address three primary issues: public safety, protection of aquatic life and water quality, and consistency with federal requirements. At the same time, the rules accommodate forestry, agricultural, train construction, and maintenance, while maintaining appropriate levels of oversight for these projects.
The NH DES is developing outreach materials and a schedule of training sessions for stakeholders.
OSHA Compliance Partners Inc. Fined for Hazardous Waste Violations
OSHA Compliance Partners, a hazardous waste transporter located in Paramont, California, was fined $18,000 by the California Department of Toxic Substances Control for storing hazardous waste without a permit. The company stored hazardous waste (fixer/developer) beyond the 10-day limit for transporters on 15 different dates.
China Overtakes the United States to Become World’s Largest Energy Consumer
International Energy Agency calculations based on preliminary data show that China has now overtaken the United States to become the world’s largest energy user. China’s rise to the top ranking was faster than expected as it was much less affected by the global financial crisis than the United States.
For those who have been following energy consumption trends closely, this does not come as a surprise. What is more important is the phenomenal growth in demand that has taken place in China over the last decade; also prospects for future growth still remain incredibly strong. Since 2000, China’s energy demand has doubled, yet on a per capita basis it is still only around one-third of the OECD average. Prospects for further growth are very strong considering the country’s low per-capita consumption level and the fact that China is the most populous nation on the planet, with more than 1.3 billion people.
China’s demand would be even higher still if the government had not made such progress in reducing the energy intensity (the energy input per dollar of output) of its economy. It has also very quickly become one of the world’s leaders in renewable energy, particularly wind power and solar energy, and paved the way for a big expansion of nuclear power.
The worldwide implications of these new trends will be assessed in the upcoming World Energy Outlook 2010 to be released on November 9, 2010.
Texas Oil Company Pays $93,100 Penalty for Water Pollution in Powder River County
The Montana Department of Environmental Quality (DEQ) has received a $93,100 penalty in settlement of its administrative enforcement action against Encore Operating, LP, a Texas-based oil and natural gas company, for violations of the Montana Water Quality Act at its Belle Creek Oil Field in Powder River County, Montana.
The DEQ initiated an enforcement action in response to the company’s November 2009 release of an estimated 80 barrels of crude oil and 800 barrels of production water into Belle Creek. The amount of crude oil spilled was over 3,300 gallons. The company reported that the release was caused by the failure of an underground pipeline.
In its administrative order, the DEQ alleged that the release of crude oil and production water to Belle Creek polluted state waters in violation of the Montana Water Quality Act. The concentrations of benzene measured in nine surface water samples Encore collected from Belle Creek ranged between 7.4 and 57.0 micrograms per liter (ug/l) which exceed the state water quality standard of 5.0 ug/l.
In a negotiated settlement with the department, Encore agreed to pay the $93,100 penalty and continue to conduct necessary clean up as directed by the DEQ’s Remediation Division.
According to Daniel Kenney, Enforcement Specialist with the DEQs Enforcement Division, the $93,100 penalty is the third largest cash penalty received for violations of the Water Quality Act since 1993. Kenney said, “The DEQ is aggressively taking enforcement actions under the Water Quality Act where spills cause significant pollution of state waters.”
New York Sues Pennsylvania Power Plant for Interstate Emissions
New York Attorney General Andrew M. Cuomo announced that his office has notified a major Pennsylvania electric power plant of his intent to sue over multiple violations of the federal CAA at the facility. The plant, Homer City Station, is one of the largest out-of-state contributors of sulfur dioxide (SO2) pollution to New York.
Attorney General Cuomo is joined by the Pennsylvania Department of Environmental Protection (PADEP) in this action. In the notice of intent to sue, Cuomo and PADEP charge that the current and former owners of Homer City Station disregarded provisions of the CAA that required state-of-the-art pollution controls be installed at the plant when it underwent several major modifications in the 1980s and 1990s that increased its pollution emissions. The lawsuit would seek to require the companies to comply fully with the CAA, including installing state-of-the-art pollution controls to address their increased emissions. The CAA requires a 60-day notice of intent to sue.
“The owners of Homer City Station have ignored their legal obligations while their power plant pollutes our skies and our lungs with over one hundred thousand tons of emissions each year,” said Attorney General Cuomo. “We will hold the owners of the Homer City power plant accountable for breaking clean air laws and for endangering the health and environment of New Yorkers.”
Homer City Station is a 1,884 megawatt electric power generating plant located in Homer City, Pennsylvania, roughly 50 miles east of Pittsburgh. The plant emits over 100,000 tons of SO2, nitrogen oxides (NOx), and particulate matter (PM) each year. Air emissions from the plant contribute to smog and soot pollution in New York, with the plant’s annual emissions of over 100,000 tons of SO2 alone constituting one of the largest upwind sources of this kind of pollution to New York state. Pollutants contained in the plant’s emissions are directly linked to increases in asthma attacks, lung diseases, and other health problems. They are also primary contributors to acid rain, which has severely damaged lakes, forests, and wildlife throughout New York’s Adirondack and Catskill regions.
Cuomo and PADEP charge that, in violation of several provisions of the CAA, the owners of the Homer City plant made a number of physical or operational changes to the plant between 1982 and 1996 that resulted in increases in emissions of SO2, NOx, and/or PM that continue to this day. The CAA requires that major modifications that increase pollutant emissions be accompanied by the installation of state-of-the-art pollution controls. The owners and operator of Homer City Station are charged with consistently ignoring these and other requirements of the CAA in the course of modifying and operating the facility.
The notice of intent to sue names both the current owner of Homer City Station—a consortium of eight limited liability companies (Homer City OL1-OL8 LLC)—and its operator (EME Homer City Generation L.P.). In addition, the notice names several companies that owned the plant when, or since, it was modified and increased air pollution. These past owners include: Chestnut Ridge Energy Company; Mission Energy Westside Incorporated; Pennsylvania Electric Company; and New York State Electric & Gas Corporation.
National Research Council Calls for Reliable Information and Better Communication on Climate Change
“Global climate change is a long-term challenge that will require all of us to make many decisions about how to respond,” said Diana Liverman, co-chair of the panel that wrote the report, co-director of the Institute of Environment at the University of Arizona, Tucson, and a senior research fellow at Oxford University. “To make choices that are based on the best available science, government agencies, the private sector, and individuals need clear, accessible information about what is happening to the climate and to emissions. We also need information on the implications of different options—especially to assess whether policies are effective.”
The federal government needs to establish information and reporting systems—such as climate services and a greenhouse-gas accounting system—that provide a range of information on climate change and variability, observed changes and causes, potential impacts, and strategies for limiting emissions or adapting to impacts. Although the report does not specify a particular agency to lead federal efforts, it emphasizes the importance of coordination across the federal government and with state, local and private sector decision makers. The report suggests leadership might come through executive orders, existing units such as the Office of Science and Technology Policy, an expanded U.S. Global Climate Change Research Program, or new entities.
The new national system for providing climate services should inform decision makers and assist them in managing climate-related risks, the report says. It would coordinate data among several agencies and incorporate regional expertise. Information should be timely, authoritative, and based on rigorous natural and social science research and tailored to government- and private-sector users at the national, regional, and local levels, the report says. For example, agricultural producers trying to decide which crops to grow need timely seasonal forecasts, data on likely outbreaks of diseases or pests, and advice about long-term strategies for adapting to climate impacts; and forest and park managers need information to control fires and plan for longer-term ecosystem management.
The report identifies several key functions that should be included in climate services, such as enhanced observations and vulnerability analyses on a regional scale, sustained interaction with stakeholders and research to understand their needs, an international information component that provides data on global climate observations and impacts, and a central accessible web portal that encourages sharing of information. These functions might be overlooked if the services are based only on existing federal capabilities, the report says.
The proposed comprehensive greenhouse gas management system for monitoring, reporting, and verifying emissions should include a unified accounting protocol and a registry to track emissions at a detailed level. Monitoring is essential for developing effective emissions policies and verifying claims that emissions have been reduced, the report says. Such a system could build on the existing expertise of agencies such as the EPA and the U.S. Department of Energy (DOE).
These systems should also be designed to evaluate and assess state and local government and private-sector responses, many of which already are occurring. For example, more than half of Americans live in states, counties, and cities that have enacted a goal to reduce greenhouse gas (GHG) emissions, and many private companies are taking significant steps to reduce their carbon footprints. Federal policies should not unnecessarily supersede measures already being taken regionally or locally, the report says.
To effectively manage the serious risks posed by climate change, decision makers need to account for many uncertainties about the severity of impacts and options for responding to them and be able to modify their choices based on new information and experience. Therefore, decision makers in the public and private sectors need to implement an iterative risk management strategy that adapts to new information, conditions, or technologies that could affect climate change policies, the report says. To that end, the government could also review and revise programs such as federal crop and flood insurance in the light of the risks of climate change. The study panel endorsed steps already taken by federal financial and insurance regulators such as the Securities and Exchange Commission to require disclosure requirements for climate change risks.
Although public beliefs and attitudes about climate often shift from year to year, recent opinion polls indicate that many Americans are concerned about climate change and want more information about the causes, consequences, and potential solutions, the report says. It identifies several barriers to communication about climate change and recommends some strategies for overcoming them, such as urging federal agencies to support training for researchers on how to communicate complex climate change information and uncertainties to different audiences. In addition, a national task force of educators, government leaders, policymakers, and business executives should be established to improve climate change communication and education.
Consumers can play an important role in responding to climate change by choosing to reduce their energy use and selecting more energy-efficient products with lower emissions. The federal government should review and promote credible product standards and labels for consumers that provide information about energy efficiency and GHG emissions, the report says. The government should also consider establishing an advisory service on these issues targeted at the public and small businesses.
The report is part of a congressionally requested suite of studies known as America’s Climate Choices, which also includes three other recently released reports. An overarching report to be released later this year will build on all four reports and other materials to offer a scientific framework for shaping the policy choices underlying the nation’s efforts to confront climate change.
The project was requested by Congress and is funded by NOAA. The National Academy of Sciences, National Academy of Engineering, Institute of Medicine, and National Research Council are independent, nonprofit institutions that provide science, technology, and health policy advice under an 1863 congressional charter. Committee and panel members, who serve pro bono, are chosen by for each study based on their expertise and experience and must satisfy the Research Council’s conflict-of-interest standards. The resulting consensus reports undergo external peer review before completion.
$2 Million Fine for Selling Uncertified Catalytic Converters
The California Air Resources Board (ARB) reached a settlement with Eastern Manufacturing Inc., of Langhorne, Pennsylvania, for $2 million for illegally selling uncertified catalytic converters to California business and consumers.
Aftermarket catalytic converters must be approved by ARB to be advertised, sold, offered for sale or installed in California.
“Catalytic converters are the cornerstone of the clean car technology that helps keep California skies smog-free,” said ARB Chairman Mary D. Nichols. “When the equipment doesn’t meet standards or malfunctions, air quality and public health suffers.”
The settlement will be paid to the California Air Pollution Control Fund to support projects and research to improve the state’s air quality.
California’s air quality measures are in place to prevent excessive emissions that can negatively affect public health. According too ARB, excess automobile emissions can lead to smog, which in turn can cause difficulty breathing, shortness of breath, coughs, heightened asthma rates, cardiopulmonary ailments, and premature deaths.
Warming Temperatures Means Harsher Smog Season for California
The study also predicts that peak concentrations of dangerous airborne particles will increase in the San Joaquin Valley due to the effects of climate change on wind patterns.
“We already know that climate change will bring us increased forest fires, shorter winters, hotter summers and impact our water supply,” said Mary D. Nichols, ARB chairman. “Now we have scientific evidence that higher temperatures are hurting our lungs, too. To protect public health, we need to take cost-effective measures to slash greenhouse gases now and continue to ratchet down all sources of smog-forming emissions and harmful soot and particles”
The study provides evidence of what is becoming known as the ‘climate penalty’, where rising temperatures increase ground level ozone and airborne health-damaging particles, despite the reductions achieved by programs targeting smog-forming emissions from cars, trucks, and industrial sources.
Authors of the study found that California could experience as many as six to 30 more days with ozone concentrations that exceed federal clean-air standards, depending on the extent of increased temperatures and assuming criteria-pollutant emissions in California remain at 1990-2004 levels.
“Our study reveals that climate change and regional air pollution are intertwined problems,” said the study’s lead author, Dr. Michael J. Kleeman of U.C. Davis. “We must consider climate change and air pollution together as we plan for the future.”
The researchers predicted the effects of climate change on California regions by merging the results from large-scale global models with detailed models for the South Coast and San Joaquin Valley. These narrow-focused models utilize high-resolution information about the geography, meteorology, and emissions of these areas.
Failure in the future to reduce ozone and particulate matter levels to federally-required health-based levels could lead to the loss of transportation funds used by the state to maintain and develop roadways.
On a positive note, the study also found that climate change would decrease annual-average particulate-matter concentrations in coastal regions of the state.
“California’s interests are best served by taking a broad scientific view of climate change and air pollution together,” added ARB Research Division Chief, Bart Croes. “Programs to protect California’s public health from the linked threats of global warming and air pollution need the guidance of the best science available which is certainly exemplified by this study.”
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Trivia Question of the Week
Under the Federal hazardous waste regulations, how often must hazardous waste satellite accumulations points be inspected?a. Never
b. Weekly
c. Monthly
d. Daily