Battery Transportation Changes Became Effective on January 1

Effective January 1, 2010, the DOT began regulation of shipments of all batteries other than 1.5 and 9 volt alkaline batteries and 6 volt carbon zinc batteries. These batteries are typically used in portable power applications and are not covered under other shipping names. For example, the new regulation now in effect does not address shipments of other types of batteries covered by their specific shipping names (e.g., lithium, electric storage, or sodium batteries).

Batteries now covered under the new requirements must be assigned the shipping name: Batteries, dry, sealed, n.o.s. Special provision 130 is assigned for these batteries and subjects these shipments to only the following regulatory requirements:

• Incident reporting (telephone report for aircraft incidents and written report for other modes) if a fire, violent rupture, explosion or dangerous evolution of heat occurs from a dry battery;
• Packaging must prevent dangerous evolutions of heat or short circuits and can be accomplished by packaging each battery or device individually in a non-conductive material; separating batteries in a manner to prevent contact with other batteries; or ensuring exposed terminals or connectors are protected by non-conductive caps or non-conductive tape. If the outer packaging is not completely impact resistant, the batteries should be securely cushioned and packed to prevent shifting which could loosen terminal caps or reorient the terminals to prevent short circuits; and
• Batteries contained in devices must be securely installed and terminals must be protected.

Used batteries are subject to the same requirements and waste contractors may reject shipments not properly packaged. No other regulations apply (e.g., marking, labeling, placarding, or shipping papers).

EPA Strengthens Regulations for Transboundary Shipment of Hazardous Waste

EPA is strengthening the regulations for shipments of hazardous waste for recycling shipped between the United States and other countries. The new measures are meant to increase the level of regulatory oversight, provide stricter controls, and greater transparency. The final rule aligns EPA’s hazardous waste import/export/transit shipment regulations with the procedures of the Organization for Economic Cooperation and Development (OECD), an international consortium that comprises 30 countries including the United States.

EPA’s new measures bolster regulations regarding hazardous waste shipments into or out of the United States and strengthen the extensive set of regulations under RCRA governing the shipment of hazardous waste within the United States.

Specifically, this rule revises:

• Existing RCRA regulation regarding the transboundary movement of hazardous wastes for recovery among countries belonging to the OECD to conform to legally required revisions made by the OECD, such as:
• Requiring U.S. recovery facilities to submit a certificate after recovery of the waste has been completed,
• Adding provisions to ensure that hazardous wastes are returned to the country of export in a more timely and documented manner when it is necessary to do so, and
• Adding new procedures for imported hazardous wastes that are initially managed at U.S. accumulation and transfer facilities to better track and document that subsequent recovery by a separate recycling facility is completed in an environmentally sound manner.
• RCRA regulations for spent lead-acid batteries (SLAB) to add export notification and consent requirements to provide stricter controls and greater transparency for exports of SLABs to any country, and should ensure that the batteries are sent to countries and reclamation facilities in those countries that can manage the SLABs in an environmentally sound manner.
• Hazardous waste import-related requirements for U.S. hazardous waste management facilities to confirm individual import shipments comply with the terms of EPA’s consent.
• The address to which export exception reports are to be sent.

The United States participates in a number of bilateral waste agreements between countries and in the multilateral waste agreement controlling the shipment of hazardous waste for recovery between OECD member countries. 

EPA Announces Roadmap to Regulate Chemicals of Concern

For the first time, EPA intends to establish a Chemicals of Concern List and is beginning a process that may lead to regulations requiring significant risk reduction measures to protect human health and the environment. The agency’s actions represent its determination to use its authority under the existing Toxic Substances Control Act (TSCA) to the fullest extent possible, recognizing EPA’s strong belief that the 1976 law is both outdated and is in need of reform.

In addition to phthalates, the chemicals EPA is addressing include short-chain chlorinated paraffins, polybrominated diphenyl ethers (PBDEs), and perfluorinated chemicals, including PFOA. These chemicals are used in the manufacture of a wide array of products and have raised a range of health and environmental concerns.

EPA also recently announced that three U.S. companies have agreed to phase out DecaBDE, a widely used fire retardant chemical that may potentially cause cancer and may impact brain function.

“The American people are understandably concerned about the chemicals making their way into our products, our environment and our bodies,” said Administrator Jackson. “We will continue to use our authority under existing law to protect Americans from exposure to harmful chemicals and to highlight chemicals we believe warrant concern. At the same time, I will continue to fight for comprehensive reform of the nation’s outdated chemical management laws that ensures a full assessment of the safety of chemicals on the market today and effective actions to reduce risks where chemicals do not meet the safety standard. Chemical safety is an issue of utmost importance, especially for children, and this will remain a top priority for me and our agency going forward.”

On September 29, 2009, Administrator Jackson outlined a set of agency principles to help in legislative reform and indicated that EPA would act on a number of widely studied chemicals that may pose threats to human health. When TSCA was passed in 1976, there were 60,000 chemicals on the inventory of existing chemicals. Since that time, EPA has only successfully restricted or banned five existing chemicals and has only required testing on another two hundred existing chemicals. An additional, 20,000 chemicals have entered the marketplace for a total of more than 80,000 chemicals on the TSCA inventory.

The actions announced include:

• Adding phthalates and PBDE chemicals to the concern list
• Beginning a process that could lead to risk reductions actions under section 6 of TSCA for several phthalates, short-chain chlorinated paraffins, and perfluorinated chemicals
• Reinforcing the DecaBDE phaseout—which will take place over three years—with requirements to ensure that any new uses of PBDEs are reviewed by EPA prior to returning to the market

This is the first time EPA has used TSCA’s authority to list chemicals that “may present an unreasonable risk of injury to health and the environment.” The decision to list the chemicals further signals this administration’s commitment to aggressively use the tools at its disposal under TSCA. Inclusion on the list publicly signals EPA’s strong concern about the risks that those chemicals pose and the agency’s intention to manage those risks. Once listed, chemical companies can provide information to the agency if they want to demonstrate that their chemical does not pose an unreasonable risk.

Five New Year’s Resolutions for a Greener, More Sustainable 2010

The Delaware Department of Natural Resources and Environmental Control (DNREC) has developed a list of green New Year’s resolutions that will protect and conserve natural resources. By committing to a few green resolutions, you can make a tremendous difference in the health of the environment.

Here are five New Year’s resolutions for a greener, more sustainable 2010.

• Go Native. Landscape your property with native plants. Trees, shrubs, and plants that are native use less water, require less maintenance, improve air and water quality, and help reduce global warming. 
• Recycle your Christmas Tree. Drop off your old tree at a DNREC yard waste site. Recycling your tree helps extend the life of landfills, promotes sustainability, and benefits the environment by converting your tree into a usable product—wood chips.
• Take Actions to Reduce Pollution. Whenever possible, Reduce, Reuse, and Recycle. By preventing pollution, you can reduce wastes and harmful impacts to the environment. 
• Conserve Energy. When not in use, turn off your computer, television, stereo, and lights to conserve energy and save money. Switching to CFL bulbs (compact fluorescent light bulbs) use 75% less energy than regular incandescent bulbs. 
• Use Water Wisely. Conserving water preserves drinking water supplies, helps the environment, and saves energy and money. Measure your Water Footprint—the total amount of water you use in your home, as well as, the water used to produce the food you eat and the products you buy. 

For a list of Green Resolutions and the easy steps you can take to reduce your carbon footprint, go to:

New Mobile Source Emissions Model

. The model can also calculate the emissions reduction benefits from a range of mobile source control strategies, such as inspection and maintenance programs and local fuel standards.

EPA will publish a Federal Register notice soon indicating approval of MOVES2010 for meeting official state implementation plan and transportation conformity requirements. The MOVES2010 model replaces EPA’s MOBILE6.2 emissions factor model.

Under the Clean Air Act (CAA), EPA is required to update regularly the way it calculates mobile source emissions. EPA is continuously collecting data and conducting emissions studies to assess the air quality impacts of on-road vehicles. As a result of using data collected from millions of cars and trucks gathered since MOBILE6.2 was released in 2004, MOVES2010 provides increased accuracy in emissions inventory results.

For the first time, the model can estimate emissions on a range of scales from national emissions impacts down to the impacts of individual transportation projects. Another improvement is the ability to express output as either total mass (in tons, pounds, kilograms, or grams) or as emissions factors (grams-per-mile, and in some cases, grams-per-vehicle). These changes to how EPA approaches mobile source emissions modeling are based, in part, upon recommendations made to the agency by the National Academy of Sciences.

EPA Releases Annual Enforcement Results and Mapping Tool

The maps show facilities where civil enforcement actions took place whether for air, water, or land pollution, and a separate map for criminal enforcement actions.

You can click on specific facilities to find information about cases, such as violations and monetary penalties, and find out if a facility is located near water bodies listed as impaired because it does not meet federal water quality standards. The new mapping tool will provide you with a clearer picture of EPA’s enforcement activity nationwide.

Monitoring of GHGs Under New Rule Commenced on January 1, 2010

The rule requires reporting of greenhouse gas (GHG) emissions from large sources and suppliers in the United States, and is intended to collect accurate and timely emissions data to inform future policy decisions.

Under the rule, suppliers of fossil fuels or industrial GHGs, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions are required to submit annual reports to EPA. The gases covered by the proposed rule are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), sulfur hexafluoride (SF6), and other fluorinated gases including nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFE).

The rule became effective December 29, 2009. This action includes final reporting requirements for 31 of the 42 emission sources listed in the proposal. At this time, EPA is not finalizing the remaining source categories until further considering comments and options.

EPA’s new reporting system will provide a better understanding of where GHGs are coming from and will guide development of the best possible policies and programs to reduce emissions. The comprehensive, nationwide emissions data reported because of these regulations will help in the fight against climate change.

Final Rule Revises Packaging Quantity Limitations for Chemical Oxygen Generators Transported Aboard Cargo Aircraft

DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has confirmed the effective date of its direct final rule to amend the Hazardous Materials Regulations by revising the quantity limitation from 25 kg gross to 25 kg net for packages of chemical oxygen generators transported aboard cargo aircraft only. The direct final rule, published under Docket No. PHMSA-2009-0238 (HM-224G) on October 15, 2009, stated that it would become effective on November 16, 2009 unless an adverse comment or notice of intent to file an adverse comment was received by November 16, 2009. PHMSA did not receive any adverse comments or notice of intent to file an adverse comment to the October 15, 2009 direct final rule, therefore the November 16, 2009 effective date is final.

Increased Civil Penalties for Violations of Federal Hazardous Material Transportation Law

The maximum civil penalty is increased to $55,000, and to $110,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. The minimum civil penalty is increased to $275, and to $495 for a violation related to training. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Debt Collection Improvement Act of 1996. This final rule became effective on December 31, 2009.

EPA Seeks Input Regarding Stormwater Management Including Discharges from New Development and Redevelopment

The purpose of the notice is to request input from the public to help EPA shape such a comprehensive program and to announce EPA’s intent to hold several public Listening Sessions in January 2010.

EPA seeks input on this undertaking regarding performance, effectiveness, and cost of stormwater control measures; ecological data, including ecological benefits from stormwater controls; technical information on design, implementation, and operation and maintenance of stormwater control measures; suggestions for how the existing program may be modified to better meet the goals of the Clean Water Act (CWA); and any other information that may help EPA develop improvements to the existing program, including better control of pollutants in stormwater created by development and redevelopment.

Written comments must be submitted on or before February 26, 2010. 

EPA to Focus on Three Industry Sectors to Pay for Superfund Cleanups

EPA has taken a significant step in efforts to reduce the need for federal taxpayers to fund the cleanup of environmental releases. EPA has identified three industry sectors for which it will begin the regulatory development process to ensure that owners of these facilities, not taxpayers, pay for the cleanup of environmental releases. These industry sectors include: the chemical manufacturing industry; the petroleum and coal products manufacturing industry, which primarily includes refineries and not coal mines; and the electric power generation, transmission, and distribution industry.

Financial assurance requirements help ensure that owners and operators of facilities are able to pay for cleanup of environmental releases and help reduce the number of sites that need to be cleaned up by federal taxpayers through the Superfund program.

The identification of these industry sectors is part of EPA’s effort under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund law, to examine if financial assurance requirements will help promote better environmental outcomes. The action announced by EPA is not a proposed rule or a final regulation.

EPA selected these particular industries based on a variety of information sources. These include the types of sites listed on the Superfund National Priorities List (NPL), which is intended to guide EPA in determining which sites warrant further investigation under the federal Superfund program, as well as data on hazardous waste generation from the National Biennial Report and data from the Toxics Release Inventory (TRI).

Last July, EPA issued a notice that identified the hard-rock mining industry as its priority for the initiation of the regulatory development process for financial responsibility requirements. EPA plans to propose any appropriate financial responsibility rules by spring of 2011 for classes of facilities within the hard-rock mining industry. For the three newly identified industry sectors, EPA also will begin the regulatory process for developing appropriate financial assurance requirements.

In addition, EPA has identified the following classes of facilities that require further study in order to determine if they should also be included in this type of regulatory requirement: waste management and remediation services, wood product manufacturing, fabricated metal product manufacturing, electronics and electrical equipment manufacturing, and facilities engaged in the recycling of materials containing CERCLA hazardous substances.

Once the notice is published in the Federal Register, EPA will be accepting public comments. 

EPA Seeks Public Input on Interim Guidance for Dioxins in Soil Cleanup Goals

EPA is seeking public comment on draft interim preliminary remediation goals (PRGs) for cleanup of dioxins in soil. This recent announcement fulfills a commitment by EPA Administrator Lisa P. Jackson to announce interim cleanup goals by the end of 2009. Dioxins are contaminants that are very widespread in the environment that have been of concern to EPA and the public health community for decades. This action would strengthen EPA’s preliminary remediation goals at dioxin contaminated sites.

“While EPA works to complete the dioxin reassessment, this interim guidance will help us make better informed decisions on cleanup alternatives at contaminated sites,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “We are following through on our commitment to use the best available science to help protect human health and the environment.”

Dioxins may cause a large number of different health effects, like cancer and reproductive effects. Dioxins are of concern because they are the result of combustion, and are absorbed from the air into the food chain where they can stay for many years.

Currently, EPA’s recommended dioxin PRGs are 1,000 part per trillion (ppt) for dioxin in residential soil and a level within the range of 5,000-20,000 ppt in commercial/industrial soil. The draft interim PRGs proposed are 72 ppt for residential land uses and 950 ppt for commercial/industrial land uses, thus lowering the amount of dioxins levels for residential land uses and commercial/industrial land uses. In addition, the draft interim PRGs differ from the current dioxin PRGs in that they include consideration of the potential absorption of dioxin through skin exposure. This will provide a tool for site evaluation that was not available when EPA last recommended PRGs for dioxins in soil in 1998.

In 1991, in light of significant new data on the potential human health effects of dioxins, EPA began the development of a comprehensive evaluation of exposure and human health effects of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), the most toxic of the group of chemicals known as dioxins, and other dioxin-like compounds. This draft dioxins assessment has been through several independent external peer reviews, the latest a 2004 review by a scientific panel convened by the National Academy of Sciences. When the EPA dioxin risk assessment is complete, it will be the agency’s scientific foundation for future decision-making about dioxins in the environment.

EPA will be taking public comment on the draft interim PRGs for 50 days following publication in the Federal Register, and anticipates issuing the final interim PRGs in June 2010. Upon completion of the dioxins reassessment, currently expected by the end of 2010, EPA will consider the need to update the interim PRGs. 

EPA Adopts Strong Diesel Emission Standards for Large Ships to Curb Port Air Pollution

EPA has finalized a rule setting tough engine and fuel standards for large U.S. ships, a major milestone in the agency’s strategy to slash harmful marine diesel emissions. The regulation will lead to significant air quality improvements to port communities throughout the country and harmonizes with international standards. The rule adds two new tiers of NOX standards and strengthens EPA’s diesel fuel program for affected ships. This action is a milestone in EPA’s effort to reduce pollution from diesel engines under the National Clean Diesel Campaign and will bring attention to the communities near ports who suffer unduly from marine based port diesel emissions. 

Final Rule for Chemical Preparations Industry Area Source NESHAP Issued

EPA is promulgating national emissions standards for control of hazardous air pollutants (HAP) from the chemical preparations area source category. These final emissions standards for new and existing sources reflect EPA’s final determination regarding the generally available control technology or management practices (GACT) for the source category. This final rule became effective on December 30, 2009.

Duke Energy to Spend over $85 Million to Resolve New Source Review Violations

The settlement also requires Duke to spend $6.25 million on environmental mitigation projects.

The agreement, filed in federal court in Indianapolis, resolves violations of the CAA’s new source review requirements found at the company’s Gallagher coal-fired power plant in New Albany, Indiana, located directly across the Ohio River from Louisville, Kentucky.

The settlement is anticipated to reduce sulfur dioxide emissions at the Gallagher Plant by almost 35,000 tons per year, an 86% reduction when compared to 2008 emissions. This is equivalent to the emissions from 500,000 heavy duty semi trucks, which is more than all of the trucks registered in Indiana, Illinois, Kentucky, and Ohio combined. Sulfur dioxide harms the environment and human health.

Duke is required to spend $6.25 million on environmental mitigation projects, including $250,000 for the U.S. Forest Service to address acid rain in downwind national forests, $5 million for one or more additional projects such as conversion to hydro generation or hybrid vehicle fleets, and $1 million for environmental mitigation projects to be allocated among the states that joined the settlement.

“Coal-fired power plants are big contributors to air pollution, which is why we need to make sure they comply with the law,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “As a result of this enforcement action, Duke will make large cuts in air pollution, which means cleaner air and better health for the millions of people living in communities downwind of this plant.”

The states of New York, New Jersey and Connecticut, as well as the Hoosier Environmental Council and the Ohio Environmental Council joined the federal government in this settlement.

Duke Energy, which is based in Charlotte, North Carolina, supplies and delivers energy to approximately 4 million customers in the Midwest and the Carolinas. The proposed settlement was lodged in the U.S. District Court for the Southern District of Indiana and is subject to a 30-day public comment period.

University of Florida Fined $175,000 for Improper Disposal of Waste Solvents

EPA Region 4 has entered into a Consent Agreement and Final Order (CAFO) with the University of Florida (UF) to settle RCRA violations. UF has agreed to pay a civil penalty of $175,000.

EPA observed the alleged RCRA violations during a compliance evaluation inspection in 2008, at UF’s main campus in Gainesville, Florida. The most significant violation cited in the CAFO is improper disposal of a spent cleaning solvent that contained between 20 and 30% tetrachloroethylene (PCE). The cleaning solvent had allegedly been used on an outdoor concrete pad to clean weed eater engines and lawn mower engines and transmissions.

Analytical results from soil samples collected near the concrete pad indicated that concentrations of PCE exceeded the Florida Department of Environmental Protection (FDEP) Soil Cleanup Target Level for leachability. Analytical results from a groundwater sample collected near the concrete pad indicated that the concentration of PCE exceeded the FDEP Groundwater Cleanup Target Level. Remediation of soil and groundwater is being overseen by FDEP pursuant to UF’s pre-existing RCRA permit.

Clear Lam Packaging Fined $20,750 and Will Complete $221,000 Environmental Project due to Hazardous Waste Violations

EPA Region 5 has settled with Clear Lam Packaging Inc., for alleged violations of the RCRA requirements for treatment, storage, and disposal of hazardous waste. The Elk Grove, Illinois, company will pay a $20,750 penalty and will perform an environmental project costing at least $221,000.

Clear Lam, a manufacturer of flexible and rigid packaging materials will help protect the environment and public health by purchasing, installing, and operating a solvent recovery system that will recycle approximately 100,000 gallons of hazardous waste annually.

Pennsylvania Announces Next Step in Mid-Atlantic Agreement on Low Carbon Fuel Standard

Governor Edward G. Rendell has signed a memorandum of understanding (MOU) with 10 Northeast and Mid-Atlantic states committing to a regional effort to develop a comprehensive, regional low carbon fuel standard (LCFS) to reduce greenhouse gas (GHG) emissions from transportation fuels.

“This regional effort marks the next step in Pennsylvania’s remarkable transition to a green energy economy,” Governor Rendell said. “Low carbon fuels are being manufactured right here in Pennsylvania, creating jobs and easing our dangerous reliance on foreign oil. Pennsylvania’s alternative energy initiatives already have put thousands of Pennsylvanians to work and attracted millions of dollars in private investment. As Pennsylvania works closely with our northeastern neighbors to develop a standard for the entire region, we can grow our economy at the same time we protect the planet.”

A LCFS is a market-based, technologically neutral policy to reduce the average lifecycle GHG emissions of a unit of useful energy. The lifecycle concept of the greenhouse gas “footprint” includes all possible causes of GHG emissions, direct (e.g., on-site, internal) and indirect (e.g., off-site, external, embodied, upstream, downstream).

Transportation fuels contribute about 30% of the GHG emissions in the Mid-Atlantic region.

Based on letters of intent signed a year ago, Pennsylvania and the other states have already begun preliminary work toward designing a low carbon fuel standard. The MOU is the next step, establishing a process to develop a regional framework by 2011 and examine the economic impacts of a standard program.

Pennsylvania already is making strides in the production of lower-carbon fuels, the Governor said. Starting in January, all diesel fuel sold in the state must contain at least 2% biodiesel, since in-state production capacity hit 40 million gallons a year at the end of 2008. Under a state law Governor Rendell signed in July 2008, as Pennsylvania’s capacity to produce biodiesel grows, the required percentage of biodiesel grows—reducing GHG emissions and creating jobs in the biofuels industry. Over the next decade, Pennsylvania will replace 900 million gallons of transportation fuel with locally produced alternative resources such as ethanol and biodiesel, or with fuels derived from coal liquefaction.

The Governor’s signature on the memorandum coincides with his receipt of the Climate Change Advisory Committee’s Action Plan, which contains 52 recommendations that could slash Pennsylvania’s GHG emissions 36% while adding 65,000 new jobs and more than $6 billion to the economy by 2020. The Climate Change Advisory Committee, created by Act 70 of 2008, is a consortium of government, industry, and environmental representatives.

These initiatives build on Pennsylvania’s leadership in developing renewable energy technologies that reduce pollution, protect the quality of our air and waters, enhance our economy and strengthen national security. Among Pennsylvania’s accomplishments:

• Pennsylvania’s alternative energy portfolio standards are among the nation’s most progressive, ensuring that 18% of all energy generated by 2020 comes from clean, efficient, and advanced resources.
• The $650 million Alternative Energy Investment Fund and the nearly $16 million Alternative Fuels Investment are spurring the development of alternative and renewable energy sources and helping families and small businesses conserve energy and use it more efficiently.
• Pennsylvania is home to the East Coast’s first state-of-the-art biofuels injection facility, which opened in 2005 with a $219,908 state investment. The plant replaces millions of gallons of foreign oil with domestically produced biodiesel and keeps energy dollars here at home by reducing the state’s need to purchase imported fuels.
• Resurrected in 2004 after nearly a decade of inactivity, the Pennsylvania Energy Development Authority in its first four years awarded more than $40 million in 203 grants and loans for clean energy projects that will leverage an estimated $126 million in private investment and create thousands of jobs.
• The Pennsylvania Energy Harvest Grant Program has awarded nearly $29 million and leveraged more than $190 million in private funds since its inception in May 2003 for more than 100 projects using sources such as wind, solar, biomass, waste coal, and recycled energy.

After the regional low carbon fuel standard is developed, governors from participating states will have the opportunity to consider implementation. 

In addition to Pennsylvania, the other states included in the agreement are Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont.

Settling Parties to Pay More than $3 Million for Malone Service Company Superfund Site in Texas

The settlement requires the122 settling parties to pay a total of $3,103,173 payment of response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to Sections 106 or 107 of CERCLA, 42, U.S.C. 9606 or 9607.

2010 Effluent Guidelines Program Plan

EPA publishes a final Effluent Guidelines Plan every even year as is required by Section 304(m) of the Clean Water Act. Prior to publishing the final Plan, EPA must publish a preliminary Plan and take public comment.

UPS Hybrid-Electric Vans Deliver More Than 28% Fuel Savings

The Department of Energy’s (DOE) National Renewable Energy Laboratory (NREL) has collected and analyzed fuel economy, maintenance, and other vehicle performance data from UPS’s first generation hybrid diesel step delivery vans powered by an Eaton Corp., electric hybrid propulsion system. The diesel hybrid delivery vans improved the on-road fuel economy by 28.9% resulting in a 15% improvement in total cost per mile while maintaining similar reliability and operational performance as compared to conventional vehicles.

Funded by the DOE’s Advanced Vehicle Testing Activity (AVTA), NREL’s Fleet Test & Evaluation (FT&E) team performed a 12-month evaluation of six of these hybrid vans at a UPS location in Phoenix. The project also tested a conventional and hybrid delivery van in NREL’s ReFUEL laboratory in Denver, Colorado, and documented fuel economy and emissions’ performance on various test cycles.

Robert Hall, UPS director of maintenance and engineering, said he hopes the evaluation will speed up market acceptance of hybrid diesel systems. “NREL’s report on the performance of our hybrid delivery vehicles is helping make this type of energy-efficient vehicle a standard in the industry.”

Eaton Corp., provided the hybrid propulsion systems for the vehicles, which were manufactured by Freightliner Corp., The hybrid system employs an Eaton automated transmission with an integrated motor/generator and advanced lithium ion batteries. Both the Freightliner hybrid model and the conventional model use a Mercedes-Benz MBE 904 four-cylinder diesel engine. UPS has recently ordered an additional 200 Eaton hybrid electric powered vans.

The Eaton hybrid system was developed in part under a previous $7.5 million, 33-month contract from DOE’s Advanced Heavy Hybrid Propulsion System program.

“Having provided funding for the development of the Eaton hybrid system, DOE was eager to participate in testing the system in a commercial fleet,” Lee Slezak, DOE’s AVTA program manager said. “Our goal is to help develop more efficient vehicle technologies and then document their on-road performance.”

The evaluation of UPS’ new diesel hybrid vans follows a 2002 UPS/DOE demonstration of 13 compressed natural gas delivery vehicles in UPS’ Hartford, Connecticut, fleet. NREL’s FT&E team also provided direction and analysis on that project. A second generation study is currently planned for 2010 to look at more advanced versions of the Eaton hybrid in operation within the UPS fleet.

NREL is DOE’s primary national laboratory for renewable energy and energy efficiency research and development. NREL is operated for DOE by The Alliance for Sustainable Energy, LLC.

Three Companies Announce Phaseout of Flame Retardant Products

EPA negotiations and concerns have prompted several companies to announce a three year phaseout of decabromodiphenyl ether (DecaBDE), a persistent and toxic chemical that has been used as a flame retardant in consumer and other products. EPA considers the announcements to be a responsible step to protect human health and the environment since studies show that decaBDE persists in the environment, potentially causes cancer, may impact brain function, and can also degrade to more toxic chemicals that are found in the environment and are hazardous to wildlife. DecaBDE is classified as a polybrominated diphenyl ether (PBDE). 

Geothermal Heat Pumps Now Qualify for the Energy Star Label and Installers can Earn a Federal Tax Credit Incentive

EPA has announced that residential geothermal heat pumps (GHPs) now can qualify for the Energy Star label and homeowners who install geothermal heat pumps with the Energy Star label are eligible for a 30% federal tax credit as an incentive. EPA’s stringent new specifications will help protect the environment and reduce energy costs by being up to 45% more efficient than conventional pumps. Geothermal heat pumps use ground temperature air instead of outside air to provide heating, cooling, and water heating and are among the most efficient technologies in the marketplace. 

Newly-Built WaterSense Labeled Homes are More Water Efficient and Easier to Maintain

By partnering with EPA’s WaterSense program, home builders can provide new home owners with homes built and equipped to earn the new WaterSense label, meeting the program’s criteria for water efficiency and performance. By equipping the new home with WaterSense water-efficient labeled plumbing fixtures, combined with Energy Star qualified appliances, water-efficient landscaping, and a fast hot water delivery system, these newly-built qualified homes can reduce water usage by more than 10,000 gallons per year. Home owners can save as much as $200 a year on utility bills, since WaterSense labeled new homes are built to be 20% more energy efficient than typical new homes.

Video Competition to Reduce Consumer Waste

EPA is challenging filmmakers to produce creative videos (either 30 or 60 seconds in length) on the contest themes of reduce, reuse, and recycle for submission through February 16. The video must indicate the steps individuals and organizations can take to minimize the negative environmental impacts within their communities by promoting efforts in reducing and reusing, recycling, composting, as well as consumption’s effect on one’s environmental footprint. Awards will be given to the top three videos. (1st Place–$2,500, 2nd Place–$1,500, and 3rd Place–$1,000). There is also a special category in which 2 student winners (13 to 18 years old) will be awarded $500 each. 

OEPA Policy on Determining Best Available Technology for Air Emission Controls

The Ohio EPA, Division of Air Pollution Control has issued a policy that describes how BAT should be determined for sources installed or modified on or after August 3, 2009. The policy was issued in order to provide guidance to those applying for and reviewing permits concerning the applicability of BAT. The policy will apply until such time as formal rules can be promulgated or until the policy is revised. 

DAPC is currently asking for comments concerning this policy. 

Missouri Environmental Compliance Calendar

The 2010 Missouri General Industry Calendar is now available. Highlights include reminders for your Emission Inventory Questionnaire, Large Quantity Generator’s Quarterly Reporting, and EPCRA’s Tier II Reporting. Each calendar month is divided into four topics: Hazardous Waste, Air, Water, and Other so at a glance you can identify important dates for your specific business.

NJ DEP Issues Compliance Advisory on Solvent Parts Cleaners

The use of cold solvents (e.g., Mineral Spirits, Petroleum Distillates, Stoddard Solvent, etc.), in parts cleaners is common practice for the washing, degreasing, surface cleaning of metal parts. Proper operation of these Cold-Solvent Parts Cleaners is important to protect air quality, and to reduce public and worker exposure to potentially harmful solvent emissions. The New Jersey Department of Environmental Protection (DEP) has issued a compliance advisory that focuses on emergency patterns of non-compliance for these parts cleaners. The advisory addresses air permitting requirements and operating rules. 

East Texas Combustion Rules Effective March 1

Beginning March 1, new rules become effective for operators of stationary, gas-fired, internal-combustion engines in the following East Texas counties:

 The East Texas Combustion rules require operators of stationary, gas-fired, rich-burn engines to meet emission specifications and follow operating requirements that include:

• Monitoring and testing for NOX and O2 emissions of the engines,
• Notifying the TCEQ regional office of testing,
• Record keeping of emission measurement, monitoring, and maintenance activities,
• Reporting to the TCEQ any testing and monitor certifications.

Partial exemptions exist for engines that are:

• < 240 horsepower

• Diesel
• Dual-fuel gas-fired
• Lean-burn
• Used exclusively for emergencies
• Used in research and testing
• Used in agriculture

Operators of engines that qualify for a partial exemption still must meet certain recordkeeping requirements as specified in 30 TAC Chapter 117.3345(b). If you have questions about the East Texas Combustion rules, call Ray Schubert, Air Quality Division, at 512-239-4900.

Environmental News Links

National and International Environmental Trends

Federal Regulatory Activity

State and Regional News

Meeting Announcements

News of Note