More than 20% of untreated water samples from 932 public wells across the nation contained at least one contaminant at levels of potential health concern, according to a new study by the U.S. Geological Survey (USGS). About 105 million people—or more than one-third of the nation’s population—receive their drinking water from one of the 140,000 public water systems across the United States that rely on groundwater pumped from public wells.
The USGS study focused primarily on source (untreated) water collected from public wells before treatment or blending rather than the finished (treated) drinking water that water utilities deliver to their customers.
“By focusing primarily on source-water quality, and by testing for many contaminants that are not regulated in drinking water, this USGS study complements the extensive monitoring of public water systems that is routinely conducted for regulatory and compliance purposes by federal, state and local drinking-water programs,” said Matthew C. Larsen, USGS Associate Director for Water. “Findings assist water utility managers and regulators in making decisions about future monitoring needs and drinking-water issues. The findings showed that naturally occurring contaminants, such as radon and arsenic, accounted for about three-quarters of contaminant concentrations greater than human-health benchmarks in untreated source water. Naturally occurring contaminants are mostly derived from the natural geologic materials that make up the aquifers from which well water is withdrawn.
Man-made contaminants were also found in untreated water sampled from the public wells, including herbicides, insecticides, solvents, disinfection by-products, nitrate, and gasoline chemicals. Man-made contaminants accounted for about one-quarter of contaminant concentrations greater than human-health benchmarks, but were detected in 64% of the samples, predominantly in samples from unconfined aquifers.
“Detections of contaminants do not necessarily indicate a concern for human health because USGS analytical methods can detect many contaminants at concentrations that are 100-fold to 1,000-fold lower than human-health benchmarks,” said lead scientist Patricia Toccalino. “Assessing contaminants in these small amounts helps to track emerging issues in our water resources and to identify contaminants that may warrant inclusion in future monitoring.”
Scientists tested water samples for 337 properties and chemical contaminants, including nutrients, radionuclides, trace elements, pesticides, solvents, gasoline hydrocarbons, disinfection by-products, and manufacturing additives. This study did not assess pharmaceuticals or hormones. Most (i.e., 279) of the contaminants analyzed in this study are not federally regulated in finished drinking water under the Safe Drinking Water Act.
The USGS also sampled paired source and finished (treated) water from a smaller subset of 94 public wells. Findings showed that many man-made organic contaminants detected in source water generally were detected in finished water at similar concentrations. Organic contaminants detected in both treated and source water typically were detected at concentrations well below human-health benchmarks.
The study shows that contaminants found in public wells usually co-occurred with other contaminants as mixtures. Mixtures can be a concern because the total combined toxicity of contaminants in water may be greater than that of any single contaminant. Mixtures of contaminants with concentrations approaching benchmarks were found in 84% of wells, but mixtures of contaminants above health benchmarks were found less frequently, in 4% of wells.
This USGS study identifies which contaminant mixtures may be of most concern in groundwater used for public-water supply and can help human-health researchers to target and prioritize toxicity assessments of contaminant mixtures. The USGS report identifies the need for continued research because relatively little is known about the potential health effects of most mixtures of contaminants.
Wells included in the study are located in 41 states and withdraw water from parts of 30 regionally extensive aquifers, which constitute about one-half of the principal aquifers used for water supply in the United States.
Human-health benchmarks used in this study include EPA Maximum Contaminant Levels for regulated contaminants and USGS Health-Based Screening Levels for unregulated contaminants, which are non-enforceable guidelines developed by the USGS in collaboration with the EPA and other water partners.
Treated drinking water from public wells is regulated under the Safe Drinking Water Act. Water utilities, however, are not required to treat water for unregulated contaminants. The EPA uses USGS information on the occurrence of unregulated contaminants to identify contaminants that may require drinking-water regulation in the future.
People served by public water systems can obtain information about their drinking-water quality from their water supplier.
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DOT Proposes to Strengthen Requirements for Combination Packages Shipped by Air
When a package reaches high altitudes during transport, it experiences low pressure on its exterior. This results in a pressure differential between the interior and exterior of the package since the pressure inside remains at the higher ground-level pressure. Higher altitudes create lower external pressures and, therefore, larger pressure differentials. This condition is especially problematic for combination packagings containing liquids. When an inner packaging, such as a glass bottle or plastic receptacle, is initially filled and sealed, the cap must be tightened to a certain torque to obtain sealing forces sufficient to contain the liquids in the packaging. This will require certain forces to be placed upon the bottle and cap threads as well as the sealing surface of the cap or cap liner to ensure the packaging remains sealed.
Once at altitude, due to the internal pressure of the liquid acting upon the closure combined with the reduced external air pressure, the forces acting on the threads and the forces acting on the sealing surfaces will not be the same as when the packaging was initially closed. Under normal conditions encountered in air transport (26 kPa reduction in pressure at 8,000 ft), the pressure differentials are not overly severe. However, if the compartment is depressurized at altitude or if the compartment is not pressurized at all, such as on certain feeder aircraft, the pressure differential may be severe enough to cause package failure and release of the hazardous materials in the aircraft. High-altitude stresses are encountered when cargo and feeder aircraft transport packages in non- pressurized or partially-pressurized cargo holds.
A seemingly minor’ incident can quickly escalate and result in irreversible, possibly catastrophic, consequences. For example, a closure failure of an inner container could cause an outer package to fail, resulting in fumes, smoke, or flammable liquid acting as a catalyst to a more serious incident. The interaction of events occurring on aircraft, such as electrical fires, static electricity, or other materials interacting with the leaking material, could result in a catastrophic event. The successful testing of inner packaging designs may lower the likelihood of such an event. Taking a systems-safety approach that includes multiple safety processes and redundancies can prevent a minor incident from becoming potentially much worse.
In order to substantially decrease the likelihood of a hazardous materials release, the proposed amendments prescribe specific test protocols and standards for determining whether an inner packaging or receptacle is capable of meeting the pressure differential requirements specified in the regulations and, consistent with the 2011-2012 edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Aircraft (ICAO Technical Instructions), require that closures on all inner packagings containing liquids within a combination packaging to be secured by a secondary means or, under certain circumstances, permit the use of a liner. Comments on the proposed rule are due by July 13.
N,N-Dimethylacetamide Added to California Proposition 65 List
The Office of Environmental Health Hazard Assessment (OEHHA) within the California EPA is adding N,N-Dimethylacetamide (CAS No. 127-19-5) to the list of chemicals known to the state to cause reproductive toxicity for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). The listing of N,N-dimethylacetamide became effective May 21, 2010.
Health and Safety Code section 25249.8(a) requires that substances identified in Labor Code section 6382(d) as causing reproductive toxicity be included on the Proposition 65 list. Labor Code section 6382(d) references chemicals within the scope of the federal Hazard Communication Standard that are identified as reproductive toxicants (29 CFR 1910.1200). Chemicals are listed under Proposition 65 if they are identified as causing developmental or reproductive toxicity in the latest edition of the American Conference of Governmental Industrial Hygienists (ACGIH) “Threshold Limit Values” (29 CFR 1910.1200(d)(3)).
The basis for the listing of N,N-dimethylacetamide was described in a public notice published in the June 12, 2009 issue of the California Regulatory Notice Register (Register 2009, No. 24-Z). The title of the notice was “Request For Comments on Chemicals Proposed For Listing By the Labor Code Mechanism (reproductive and developmental toxicants).” The publication of the notice initiated a 30-day public comment period that closed on July 13, 2009.
OEHHA analysis of dose-response data to establish the maximum allowable dose level (MADL) for N,N-dimethylacetamide under Proposition 65 has not yet been conducted.
National Academies of Science Recommend Carbon Tax
As part of its most comprehensive study of climate change to date, the National Research Council issued three reports emphasizing why the United States should act now to reduce greenhouse gas (GHG) emissions and develop a national strategy to adapt to the inevitable impacts of climate change. The reports by the Research Council, the operating arm of the National Academy of Sciences and National Academy of Engineering, are part of a congressionally requested suite of five studies known as America’s Climate Choices.
“These reports show that the state of climate change science is strong,” said Ralph J. Cicerone, president of the National Academy of Sciences. “But the nation also needs the scientific community to expand upon its understanding of why climate change is happening, and focus also on when and where the most severe impacts will occur and what we can do to respond.”
While noting that there is always more to learn and that the scientific process is never closed, the report emphasizes that multiple lines of evidence support scientific understanding of climate change. The core phenomenon, scientific questions, and hypotheses have been examined thoroughly and have stood firm in the face of serious debate and careful evaluation of alternative explanations.
“Climate change is occurring, is caused largely by human activities, and poses significant risks for—and in many cases is already affecting—a broad range of human and natural systems,” the report concludes. It calls for a new era of climate change science where an emphasis is placed on “fundamental, use-inspired” research, which not only improves understanding of the causes and consequences of climate change but also is useful to decision makers at the local, regional, national, and international levels acting to limit and adapt to climate change. Seven cross-cutting research themes are identified to support this more comprehensive and integrative scientific enterprise.
The report recommends that a single federal entity or program be given the authority and resources to coordinate a national, multidisciplinary research effort aimed at improving both understanding and responses to climate change. The U.S. Global Change Research Program, established in 1990, could fulfill this role, but it would need to form partnerships with action-oriented programs and address weaknesses that in the past have led to research gaps, particularly in the critical area of research that supports decisions about responding to climate change. Leaders of federal climate research should also redouble efforts to deploy a comprehensive climate observing system.
Although limiting emissions must be a global effort to be effective, strong U.S. actions to reduce emissions will help encourage other countries to do the same. In addition, the U.S. could establish itself as a leader in developing and deploying the technologies necessary to limit and adapt to climate change.
An inclusive national policy framework is needed to ensure that all levels of government, the private sector, and millions of households and individuals are contributing to shared national goals. Toward that end, the United States should establish a GHG emissions “budget” that sets a limit on total domestic emissions over a set period of time and provides a clear, directly measurable goal. However, the report warns, the longer the nation waits to begin reducing emissions, the harder and more expensive it will likely be to reach any given emissions target.
The report does not recommend a specific target for a domestic emissions budget, but suggests a range of emissions from 170 to 200 gigatons of carbon dioxide (CO2) equivalent for the period 2012 through 2050 as a reasonable goal, a goal that is roughly in line with the range of emission reduction targets proposed recently by the Obama administration and members of Congress. Even at the higher end of this range, meeting the target will require a major departure from “business-as-usual” emission trends. The report notes that with the exception of the recent economic downtown, domestic emissions have been rising for most of the past three decades. The United States emitted approximately 7 gigatons of CO2 equivalent in 2008 (the most current year for which such data were available). If emissions continue at that rate, the proposed budget range would be used up well before 2050, the report says.
A carbon-pricing system is the most cost-effective way to reduce emissions. Either cap-and-trade, a system of taxing emissions, or a combination of the two could provide the needed incentives. While the report does not specifically recommend a cap-and-trade system, it notes that cap-and-trade is generally more compatible with the concept of an emissions budget.
Carbon pricing alone, however, is not enough to sufficiently reduce domestic emissions, the report warns. Strategically chosen, complementary policies are necessary to assure rapid progress in key areas such as: increasing energy efficiency; accelerating the development of renewable energy sources; advancing full-scale development of new-generation nuclear power and carbon capture and storage systems; and retrofitting, retiring, or replacing existing emissions-intensive energy infrastructure. Research and development of new technologies that could help reduce emissions more cost effectively than current options also should be strongly supported.
Some impacts—such as rising sea levels, disappearing sea ice, and the frequency and intensity of some extreme weather events like heavy precipitation and heat waves—are already being observed across the country. The report notes that policymakers need to anticipate a range of possible climate conditions and that uncertainty about the exact timing and magnitude of impacts is not a reason to wait to act. In fact, it says boosting U.S. adaptive capacity now can be viewed as “an insurance policy against an uncertain future,” while inaction could increase risks, especially if the rate of climate change is particularly large.
Although much of the response to climate change will occur at local and regional levels, a national adaptation strategy is needed to facilitate cooperation and collaboration across all lines of government and between government and other key parties, including the private sector, community organizations, and nongovernmental organizations. As part of this strategy, the federal government should provide technical and scientific resources that are lacking at the local or regional scale, incentives for local and state authorities to begin adaptation planning, guidance across jurisdictions, and support of scientific research to expand knowledge of impacts and adaptation.
Adapting to climate change will be an ongoing, iterative process, the report says, and will involve decision makers at every scale of government and all parts of society. A first step is to identify vulnerabilities to climate change impacts and begin to examine adaptation options that will improve resilience. To build the scientific knowledge base and provide a basis for increasingly effective action in the future, adaptation efforts should be monitored and analyzed to judge successes, problems, and unintended consequences. The report also calls for research to develop new adaptation options and a better understanding of vulnerabilities and impacts on smaller spatial scales.
Adaptation to climate change should not be seen as an alternative to attempts to limit it, the report emphasizes. Rather, the two approaches should be seen as partners, given that society’s ability to cope with the impacts of climate change decreases as the severity of climate change increases. At moderate rates and levels of climate change, adaptation can be effective, but at severe rates, adapting to disturbances caused by climate change may not be possible, the report says.
The new reports stress that national climate change research, efforts to limit emissions, and adaptation strategies should be designed to be flexible and responsive to new information and conditions in the coming decades. Because knowledge about future climate change and possible impacts will evolve, policies and programs should continually monitor and adjust to progress and consequences of actions.
America’s Climate Choices also includes two additional reports that will be released later this year: Informing an Effective Response to Climate Change will examine how to best provide decision makers information on climate change, and an overarching report will build on each of the previous reports and other work 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 the National Oceanic and Atmospheric Administration (NOAA). The National Academy of Sciences; the National Academy of Engineering; the Institute of Medicine; and the 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 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.
Contractor and Developer Penalized $15,750, Ordered to Restore Wetlands Resource Areas
The Massachusetts Department of Environmental Protection (MassDEP) has assessed penalties totaling $15,750 to Paradigm Design-Build, LLC of West Falls, New York, and J & J Contractors, Inc., of Lowell, Massachusetts, for undertaking construction activities in violation of the Massachusetts Wetlands Protection Act at the Lowe’s home improvement store site off of State Route 9 in Hadley, Massachusetts.
In October 2009, MassDEP received an inquiry from the Hadley Conservation Commission regarding construction activities at the site that had resulted in the filling of approximately 907 square feet of Bordering Vegetated Wetlands (BVW) along both the north and south sides of Rt. 9 at the project entrance. That work was not in compliance with the Superseding Order of Conditions issued by MassDEP for the project.
MassDEP’s investigation confirmed that the unauthorized impacts to the BVW did occur, and that the designated compliance monitors failed to stop the unpermitted activity or report the violation to MassDEP.
The consent order issued to the developer and wetlands permit holder, Paradigm, requires full restoration of the BVW, an “as-built site plan” and payment of a $10,750 fine. The consent order issued to J & J Contractors requires development of a written work protocol for all site construction workers to minimize or eliminate this type of situation from occurring again on other sites. J&J must also pay the $5,000 fine for the violation.
“MassDEP will sometimes issue permits that require compliance monitors to ensure that permit requirements that are designed to protect particularly sensitive resource areas are followed,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “Failure by a developer and contractor to follow the permit requirements and failure by the compliance monitor to require the contractor to adhere to those permit requirements, may result in the imposition of a penalty to the responsible parties.”
Proposed Reference Exposure Levels for Caprolactam
California’s Office of Environmental Health Hazard Assessment (OEHHA) is releasing draft document describing proposed Reference Exposure Levels (RELs) for caprolactam to solicit public comment. OEHHA is required to develop guidelines for conducting health risk assessments under the Air Toxics Hot Spots Program (Health and Safety Code section 44360(b)(2)). OEHHA has developed Technical Support Documents (TSDs) in response to this statutory requirement, including one which described acute, 8-hour, and chronic RELs, which was adopted in December 2008. These guidelines have already been used to develop updated RELs for several chemicals, and OEHHA is now presenting draft RELs for caprolactam.
The proposed acute, 8-hour, and chronic RELs for caprolactam are 50, 2, and 0.8 mg/m3, respectively. Following this public comment period, the RELs for caprolactam and any comments received, along with OEHHA’s response to these comments, will undergo review by the State’s Scientific Review Panel on Toxic Air Contaminants (Health and Safety Code section 39670 et seq.).
Public workshops will be held during this period: time and location will be announced soon on the OEHHA website. Please direct your comments on the document, and any inquiries concerning technical matters or availability of the documents in writing or by e-mail to Dr. Robert Blaisdel, Chief, Exposure Modeling Section, Office of Environmental Health Hazard Assessment, 1515 Clay St., 16th Floor, Oakland, California, 94612, , or call 510-622-3142. In order to be considered at this point in the process, all comments must be received by close of business on July 6, 2010.
Instant Information about Water Conditions: Ask the River to Text You a WaterAlert
Whether you are watching for floods, interested in recreational activities, or concerned about the quality of water in your well, WaterAlert allows you to receive daily or hourly updates about current conditions in rivers, lakes, and groundwater when they match conditions of concern to you.
“Real-time water data are essential to those making daily decisions about water-related activities, whether for resource management, business operations, flood response or recreation,” said Matt Larsen, USGS Associate Director for Water. “WaterAlert continues USGS efforts to make data immediately available and relevant to every user.”
WaterAlert allows users to receive updates about river flows, groundwater levels, water temperatures, rainfall, and water quality at any of more than 9,500 sites where USGS collects real-time water information. This information is crucial for managing water resources, including during floods, droughts, and chemical spills.
“This is fantastic,” said Jim Cantore, Weather Channel field meteorologist. “The new WaterAlert system from the USGS provides the latest river information to people in harm’s way. This could be the first alert to a developing flood and can even help out during drought periods.”
WaterAlert also allows kayakers, rafters, and boaters to better understand when conditions are optimal and safe for recreational activities.
“The WaterAlert service is a fantastic resource for boaters of all abilities and disciplines,” said Wade Blackwood, executive director of the American Canoe Association. “During rain events, water levels on some rivers can rise quickly. This service will be useful as a warning system and will keep paddlers aware of water conditions in order to paddle safely.”
Users then select the preferred delivery method (i.e., email or text), whether they want hourly or daily notifications, which data parameter they are interested in, and the threshold for those parameters. Users can set the system to alert them when conditions are above a value, below a value, and between or outside of a range.
For example, emergency managers may be interested in setting up alerts when thresholds are exceeded, such as in the case of a flood. Water-supply managers could set an alert for times when groundwater well levels are low enough to require shutdown of supply pumps. Recreational rafters may find it useful to set a threshold that lets them know when the water levels are high enough to pass over rocks but not so high as to be unsafe. There is no limit to the number of subscriptions per user at a single site or multiple sites.
EPA Adds More Than 6,300 Chemicals and 3,800 Chemical Facilities to Public Database
“The addition to Envirofacts will provide the American people with unprecedented access to information about chemicals that are manufactured in their communities,” said Steve Owens, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “This is another step EPA is taking to empower the public with information on chemicals in their communities.”
The Envirofacts database is EPA’s single point of access on the Internet for information about environmental activities that may affect air, water, and land in the U.S and provides tools for analyzing the data. It includes facility name and address information, aerial image of the facility and surrounding area, map location of the facility, and links to other EPA information on the facility, such as EPA’s inspection and compliance reports that are available through the Enforcement Compliance History Online (ECHO) database. EPA is also adding historic facility information for another 2,500 facilities.
EPA has conducted a series of aggressive efforts to increase the public’s access to chemical information including reducing confidentiality claims by industry and making the public portion of the TSCA inventory available free of charge on the agency’s Web site. EPA intends to take additional actions in the months ahead to further increase the amount of information available to the public.
New Online Incident Report Forms for Pipelines
On February 3, 2010 (, PHMSA published Advisory Bulletin ADB-10-01 in the Federal Register to notify operators of gas and hazardous liquid pipeline facilities of newly revised incident/accident report forms and instructions. In ADB-10-01, PHMSA announced that the revised forms are to be used for all incidents/accidents occurring on or after January 1, 2010. PHMSA further noted that hard copy filing was required until PHMSA launched a new online system which was targeted for early March 2010.
EPA Expands Public Participation on Hazardous Waste Cleanup
EPA has launched an initiative to help communities more effectively participate in government decisions related to land cleanup, emergency preparedness and response, and the management of hazardous substances and waste. The Community Engagement Initiative ( plan lays out specific steps EPA is taking to provide communities with better information and opportunities to understand and influence decisions on environmental cleanups. The purpose of the plan is to present guiding principles, goals, and actions to enhance EPA’s relationships with communities from across the country while protecting human health and the environment.
“Transparency, access and public involvement are essential to meaningful and deliberate decision-making at EPA,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “Getting a diverse group of citizens—all with their own unique experiences and expertise—to provide their views and expertise to inform the decisions we make helps us better protect Americans where they live, work, play and learn.”
Because many of EPA’s programs are delegated to states, EPA will seek a cooperative effort with state and local governments to better coordinate resources and efforts on this initiative. The plan includes activities that will help EPA:
- Improve transparency and upfront collaboration with community stakeholders
- Enhance technical assistance to communities
- Explain the hazards of environmental problems to affected communities
- Connect with communities that have been historically underrepresented in environmental decision-making
Through the initiative, EPA will help interested community members more effectively participate in EPA decision-making processes. The CEI implementation plan also details actions EPA is pursuing to more effectively explain the hazards of environmental problems to affected communities. Implementation of this plan will help EPA conduct timely decisions and actions that are reliably informed by the broad diversity of voices and interests in the communities served by the agency.
The plan is intended to be a working document and specific actions will be refined with ongoing feedback from communities and other stakeholders. EPA invites public comment on the plan, will frequently evaluate the initiative’s progress and results, and will regularly post this information on the agency’s Web site.
President Announces Next Phase of Landmark Clean Car Agreement
On May 21, President Obama announced two major new steps to reduce America’s carbon pollution and oil dependence. President Obama instructed the EPA and DOT, working closely with California and other stakeholders, to issue a second round of GHG and fuel economy standards covering cars and light trucks for model years 2017-25. These will build on the landmark clean car standards for the 2012-16 model years announced in April. The president also directed those agencies to work together with California and stakeholders on the nation’s first-ever GHG and fuel economy standards for heavier trucks, from urban delivery trucks to 18-wheelers, that will be built in model years 2014-18.
David Doniger, policy director for the Climate Center at the Natural Resources Defense Council said, “These are big steps to curb America’s dependence on oil and cut our contribution to global warming. The cars and trucks on the nation’s roads and highways account for more than 60% of the oil we use and more than 25% of our carbon pollution. These steps are especially welcome in the wake of the BP disaster in the Gulf of Mexico.”
The new standards build on the clean car peace treaty announced at the White House one year ago. That treaty brought together federal and state governments, industry, labor, and environmentalists in a remarkable agreement to cut pollution, improve our national security, and rebuild our economy. The second round of standards for cleaner cars, and the first-ever standards for heavy trucks, are designed save consumers billions of dollars at the gas pump, the grocery shelves, and the shopping center.
NMED Releases Draft Rule for a GHG Cap-and-Trade Program
The New Mexico Environment Department (NMED) has released a preliminary draft rule for a cap-and- trade program to reduce GHG emissions in the state. NMED has not yet filed the draft rule with the New Mexico Environmental Improvement Board.
Cap-and-trade has proven to be an effective means of reducing air pollution and is considered one of the most cost effective ways of reducing GHG emissions. As described in the draft rule, the program would initially apply only to sources that emit 25,000 metric tons or more of carbon dioxide per year.
The draft rule defines the conditions that would allow New Mexico to implement the GHG cap-and-trade program as part of the Western Climate Initiative (WCI) regional program. One of the conditions in the draft rule is that New Mexico will only participate in the cap-and-trade program if there are sufficient pollution allowances within the WCI to make the trading program efficient and cost effective. The WCI states include California, Washington, Oregon, Utah, Montana, Arizona, and New Mexico. The Canadian provinces include British Columbia, Manitoba, Ontario, and Québec.
The department requests public comments on the draft rule. . The draft rules are also available at the same web address. NMED will meet with stakeholders about the proposed rule including a meeting at the Santa Fe Community College from 4 to 6 p.m. May 25.
Norlite Corp. Fined $90,000 for Environmental Violations
The New York State Department of Environmental Conservation (DEC) has fined Norlite Corp. $90,000 and ordered a series of operational upgrades to settle violations at the company’s Albany County plant that involved hazardous waste fuels, equipment deficiencies, and an improper discharge into a nearby creek, Regional Director Gene Kelly announced recently. The settlement also calls for Norlite to provide an additional $35,000 for a community environmental benefit project.
“Because Norlite’s plant is in an urban setting, it is critical that the company adheres to the stringent requirements DEC has in place to protect the public and the environment,” Regional Director Kelly said. “Our inspections revealed a number of violations. To address these, DEC has ordered a 19-point agenda to upgrade equipment, improve the structural integrity of the plant and provide for proper emergency planning. In addition, Norlite has begun to address some of the issues cited.”
Norlite is an aggregate manufacturer that uses hazardous waste to fuel two kilns at its Cohoes plant. Based on 2009 inspections, DEC charged Norlite with a number of violations, including burning an improper mix of waste, failing to replace missing seals to reduce air emissions, failing to notify the state of stoppages of the fuel-feed system, failing at times to provide emissions and carbon monoxide data, and improperly discharging into the Salt Kill following a heavy rainstorm in July 2009.
Under the terms of the agreement, Norlite will construct a double-walled containment system to reduce potential fugitive air emissions from its kilns, update its stormwater and dust control plans, modify data collection systems to monitor air emissions, and conduct comprehensive performance tests to ensure that the new systems are working and that fuels fed to the kilns are blended to meet permit requirements. The order also requires Norlite to provide DEC with a computer connection to the company’s real-time kiln operation data.
Norlite has already retained an independent engineer to audit the emissions monitoring system, properly marked 16,000 equipment fittings, and submitted a report demonstrating that no on-site activities are being conducted in a floodplain.
Along with paying the fine, Norlite will provide $35,000 to be used through DEC’s Environmental Benefits Projects () program. The terms of the designated project are yet to be finalized.
Report Shows the Worst Tar Balls Coming from Canada
As the oil spill disaster in the Gulf deepens, Canada’s oil industry is taking advantage of the catastrophe to offer its dirty oil as an alternative to offshore drilling.
“Right now in the Gulf we’re witnessing the effect dirty oil has on American communities, jobs, wildlife, and oceans. Bringing the world’s dirtiest oil into the United States in the wake of the BP disaster is asking for trouble,” said Sierra Club executive director Michael Brune. “If we allow new tar sands pipelines into the United States, we will chain our nation to one of the most wasteful and destructive forms of oil on the planet.”
The new report from Corporate Ethics International, Earthworks, the Natural Resources Defense Council, and Sierra Club is a primer on tar sands and the sticky energy issues this dirty fuel raises.
Proposals for a major pipeline to bring tar sands oil into the United States are currently under review by the Obama administration, with a public comment deadline ending June 16. Allowing the Keystone XL pipeline into the country would lock America into a dirty energy infrastructure for decades to come.
Tar sands deposits are found primarily under Alberta’s Boreal Forest and wetlands in an area about the size of Florida. Millions of acres of pristine forest and wildlife habitat are strip-mined and drilled to access the dense, tarry, bitumen used to make synthetic crude. Because it requires large amounts of energy, production of tar sands oil is estimated to release at least three times the GHG emissions per barrel as compared to production of conventional crude oil. In addition to its high carbon costs, tar sands oil production requires two to five barrels of water for each barrel of bitumen extracted, has already created over 50 square miles of toxic waste ponds, threatens the health of downstream indigenous communities, and is likely to cause the loss of millions of migratory birds that nest in the forests and wetlands of the region.
“Importing the dirtiest oil on earth would only perpetuate our addiction to fossil fuels and put our nation at risk,” said Susan Casey-Lefkowitz, international program director at the Natural Resources Defense Council. “The best energy security is to break our addiction to oil and move forward with innovative transportation solutions such as electric cars, fuel efficiency and smart growth.”
The rapid rise in energy technology and decline in demand for oil have created a perfect moment for America to become a global leader in the clean energy economy. But the expansion of tar sands oil in the United States undermines these potential advances.
While Americans are largely unfamiliar with the fuel source, 60% of the tar sands oil produced in Canada is exported to the United States, and oil companies are aiming to drastically expand production in the coming years. Tar Sands Invasion notes that the sprawling network of pipelines and refineries proposed by the tar sands industry would lock the United States into long-term reliance on this massively polluting fuel source, just as cleaner solutions are coming of age. The report concludes that tar sands investments conflict with efforts to combat global warming and shifting the U.S. transportation sector to cleaner alternatives while bringing pollution to the agricultural heartland and Great Lakes.
Ohio Utility to Settle CAA Violations at Cost of Nearly $16 Million
American Municipal Power (AMP), an Ohio non-profit utility, will permanently retire its Richard H. Gorsuch Station coal-fired power plant near Marietta, Ohio, under a settlement to resolve violations of the CAA, the Justice Department and EPA announced May 18. As part of the settlement, AMP will also spend $15 million on an environmental mitigation project and pay a civil penalty of $850,000.
“The Justice Department is committed to strong enforcement of our nation’s environmental laws in order to protect human health and the environment,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This settlement will remove harmful emissions from this coal-fired power plant by tens of thousands of tons each year and will significantly benefit air quality. We are also pleased that AMP has shown creative leadership to implement a program that encourages efficient energy use.”
“Today’s settlement substantially reduces harmful air pollution from coal-fired power plants, and requires a large scale energy efficiency program within the AMP community,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “These pollutants can cause severe respiratory and cardiovascular impacts, and are significant contributors to acid rain, smog, and haze. Coal-fired power plants of all sizes are large sources of air emissions, and EPA is committed to making sure that they all comply with the law. “
The agreement resolves violations of the CAA’s new source review requirements at the company’s Gorsuch Station, which has a sulfur dioxide emission rate in the highest 3% of coal-fired utility sources in the country.
Under the settlement, AMP will permanently retire the Gorsuch Station by December 31, 2012, and implement interim sulfur dioxide and nitrogen oxide emission limits until that date. AMP made a business decision that shutting down the plant and providing for replacement energy was its preferred option for bringing the plant into compliance. AMP will also enhance pollution controls to reduce particulate matter emissions. The settlement requires AMP to spend $15 million on an energy efficiency project to benefit the environment and mitigate the adverse effects of the alleged violations. The project will provide energy efficiency services in lighting, refrigerator replacement and removal, and installation of building heating and cooling systems to all of the municipalities and their customers served by the Gorsuch Station. The energy efficiency services are designed to achieve a minimum reduction of 70,000 megawatt hours, equivalent to the electricity use of more than 6,000 homes for one year.
The settlement is part of the EPA’s national enforcement initiative to reduce emissions from coal-fired power plants under the CAA’s New Source Review requirements. Sulfur dioxide and nitrogen oxides, two key pollutants emitted from power plants, have numerous adverse effects on human health and the environment. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Sulfur dioxide and nitrogen oxides are also significant contributors to acid rain, smog, and haze. In addition, air pollution from power plants can drift significant distances downwind, thereby effecting not only local communities, but also communities in a much broader area.
This settlement will also further EPA’s continuing commitment to reducing nitrogen oxide pollution in the Chesapeake Bay, the largest estuary in North America. The Gorsuch plant is located in the bay airshed, and AMP’s commitment to retire the plant will eliminate nitrogen oxide emissions in that area by approximately 3,160 tons per year.
AMP, based in Columbus, Ohio, is a nonprofit organization that provides generation, transmission, and distribution of wholesale electric power to municipal electric systems. AMP is made up of 129 member municipal communities in five states. This settlement applies to the Gorsuch Station, which consists of four 53 megawatt boilers.
Kansas City, Missouri, to Spend $2.5 Billion to Eliminate Sewer Overflows
The city of Kansas City, Missouri, has agreed to make extensive improvements to its sewer systems, at a cost estimated to exceed $2.5 billion over 25 years, to eliminate unauthorized overflows of untreated raw sewage and to reduce pollution levels in urban stormwater, the Justice Department and EPA have announced.
The settlement, lodged in federal court in Kansas City, requires the city to implement the overflow control plan, which is the result of more than four years of public input. The plan is designed to yield significant long-term benefits to public health and the environment, and provide a model for the incorporation of green infrastructure and technology toward solving overflow issues.
When completed, the sanitary sewer system will have adequate infrastructure to capture and convey combined stormwater and sewage to treatment plants. This will keep billions of gallons of untreated sewage from reaching surface waters.
Under the agreement, Kansas City will pay a civil penalty of $600,000 to the United States, in addition to the estimated $2.5 billion it will spend to repair, modify, and rebuild its sewer system. The plan is also structured to encourage the city to use natural or engineered “green infrastructure,” such as green roofs, rain gardens and permeable pavement, to minimize stormwater burdens on the improved system.
As part of the agreement, Kansas City will spend $1.6 million on supplemental environmental projects to implement a voluntary sewer connection and septic tank closure program for income-eligible residential property owners who elect to close their septic tanks and connect to the public sewer.
Kansas City’s sewer system collects and receives domestic, commercial, and industrial wastewater from a population of approximately 650,000 people in the city and 27 neighboring satellite communities, including a portion of Johnson County, Kansas. The system covers more than 420 square miles, and includes seven wastewater treatment plants, 38 pumping stations, and more than 2,800 miles of sewer lines, making it one of the nation’s largest municipal sewer systems.
Of the 420 square miles covered by the system, 58 square miles mostly within the city’s urban core are presently served by combined sewers, which carry both stormwater and wastewater, and the remainder of the system is served by separated sewers. Under the consent decree, Kansas City has agreed to expedite certain projects that are expected to provide more immediate relief to residences and other properties presently served by combined sewers in the urban core.
Since 2002, Kansas City has experienced approximately 1,294 illegal sewer overflows, including at least 138 unpermitted combined sewer overflows, 390 sanitary sewer overflows, and 766 backups in buildings and private properties. The overflows are in violation of the federal Clean Water Act and the terms of the city’s National Pollution Discharge Elimination System (NPDES) permits for operation of its sewer system.
Untreated sewage from overflows can cause serious water quality problems and health issues from pollutants including harmful bacteria, oxygen-depleting substances, suspended solids, toxic metals and chemicals, and nutrients. As part of the settlement, the city has agreed to install disinfection treatment systems at all of its wastewater treatment plants by 2013.
Kansas City’s overflows result in the annual discharge of an estimated 7 billion gallons of raw sewage into local streams and rivers, including the Missouri River, Fishing River, Blue River, Wilkerson Creek, Rocky Branch Creek, Todd Creek, Brush Creek, Penn Valley Lake, and their tributaries.
New Pennsylvania Standards Strengthen Erosion and Sediment Rules; and Propose New Well Construction Standards
The Pennsylvania Environmental Quality Board approved first-of-its-kind regulations that will protect waterways from the effects of natural gas drilling wastewater, better enabling the state’s Marcellus Shale reserves to be developed without sacrificing the health and quality of Pennsylvania’s vital water resources.
Environmental Protection Secretary John Hanger said the new regulations are an appropriate and necessary measure to ensure that drilling wastewater containing high concentrations of Total Dissolved Solids (TDS), does not pollute drinking water supplies, damage industrial equipment, or endanger delicate aquatic life.
“Drilling wastewater contains TDS levels that are thousands of times more harmful to aquatic life than discharges from other industries. Without imposing limits on this pollution, treatment costs for this wastewater are passed along to downstream industries and municipal ratepayers,” said Hanger. “All other industries in Pennsylvania are responsible for the waste they generate and the drilling industry should be no exception.”
Next, the EQB-approved TDS rules will move onto the Environmental Resources and Energy committees in the state House and Senate, as well as to the Independent Regulatory Review Commission for a 30-day review period.
“These regulations were first proposed in August 2009 following discussions and meetings with stakeholders, including the Marcellus Shale Coalition, the Pennsylvania Chamber of Business and Industry, power generators, drinking water companies and environmental groups, and were subject to a 90-day public comment period and four public hearings held around the state,” Hanger said. “This rule has been thoroughly vetted and scrutinized and has been amended in response to industry concerns. It is critical for DEP to move forward with them to protect Pennsylvania’s waters from high TDS pollution.”
Under the new regulations, wastewater discharges from new and expanded facilities must meet a concentration threshold of 2,000 milligrams per liter and wastewater discharges from drilling operations cannot exceed 500 mg/l. The lower standard was set for the drilling industry because drilling wastewater is so heavily polluted and because drillers have options other than returning water to rivers and streams such as reusing and recycling it, or injecting it deep into caverns situated below ground water supplies when approved by the U.S. EPA. Several states—including Texas, Oklahoma, New York, Iowa, Virginia, Arkansas, and Tennessee—prohibit returning any drilling wastewater to streams.
Drinking water treatment facilities and industrial water users are not equipped to process water with high levels of chlorides and sulfates, so the new rules place limits on the amount of total dissolved solids that can be discharged into surface waters.
TDS levels have exceeded the EPA’s secondary drinking water standards of 500 mg/l several times over the past two years in western Pennsylvania’s Monongahela River. The elevated levels led to complaints from drinking water customers about foul-smelling water and damage to laundry and dishes. Industrial users such as USX have complained of equipment damage caused by polluted river water.
High TDS levels also led to a toxic algae bloom that killed all fish and aquatic life in a 30-mile section of Dunkard Creek in Greene County in 2009.
In addition, EQB members approved proposed rules that will strengthen Pennsylvania’s well construction standards and define a drilling company’s responsibility for responding to gas migration issues, such as when gas escapes a well or rock formation and seeps into homes or water wells. Once finalized, the new rules will require well operators to conduct quarterly inspections of all wells and report the results to DEP.
The proposed regulations must now be reviewed by the Attorney General’s office and will then be published in the PA Bulletin for public comment.
The board also enhanced existing rules governing erosion, sediment control and stormwater to protect streams from the effects of new development, reduce localized flooding during heavy storms, and cut sediment and nutrient pollution. The new rules, which also include an updated permit fee structure, bring Pennsylvania into compliance with federal requirements for:
- Erosion and sedimentation controls and post-construction stormwater runoff;
- Creating mandatory requirements for establishing and protecting existing streamside and riverside buffers in high quality and exceptional value watersheds; and
- Enhancing agricultural stormwater management provisions beyond plowing and tilling to include animal-heavy use areas.
As with the TDS regulations, the erosion and sediment rules will now go on to the General Assembly and to the IRRC for a 30-day review period.
Andover Health Care Pays $215,000 Penalty for Air and EPCRA Violations
A company that makes bandages and tape for athletic and medical purposes has agreed to pay $215,340 to settle environmental claims by the EPA.
EPA’s New England office alleged that the company, Andover Healthcare, emitted air pollution in violation of the federal CAA, and failed to submit information required under the Emergency Planning and Community-Right-to-Know Act.
EPA’s complaint stated that on five separate days in 2008, Andover Healthcare operated without its required air pollution control device, a catalytic oxidizer. Moreover, on numerous occasions over a five-year period Andover operated its catalytic oxidizer at temperatures too low to ensure the proper destruction of volatile organic compounds. Andover also failed to sample the oxidizer catalyst’s core on an annual basis, and failed to prepare annual reports of volatile organic compounds and hazardous air pollutant emissions, as required by law.
As a result, Andover Healthcare was charged by EPA with emitting excess amounts of toluene and heptane, both volatile organic compounds. Volatile organic compounds contribute to the formation of ground-level ozone. Exposure to ground level ozone can trigger a variety of health problems, including chest pain, coughing, throat irritation, and congestion, and can exacerbate conditions associated with bronchitis, emphysema, and asthma. In addition to being a volatile organic compound, toluene is a hazardous air pollutant. Chronic inhalation exposure to toluene can hurt the central nervous system and also irritate the upper respiratory tract and eyes and cause sore throats, dizziness, and headaches.
The company has now eliminated its toluene and heptane emissions by switching to water-based components.
The Right-to-Know violations arose because Andover failed to submit to EPA Toxic Release Inventory forms for toluene between 2005 through 2007. Andover also failed to notify the local fire department, State Emergency Response Commission, and Local Emergency Planning Committee of certain chemical substances at Andover’s facility, including sulfuric acid.
Allegheny Ludlum Corp. Settles CAA Violations
EPA, Allegheny County Health Department, and the U.S. Department of Justice have reached a settlement agreement with Allegheny Ludlum Corp. (ALC), for alleged CAA violations at ALC’s Natrona silicon steel production plant in Allegheny County, Pennsylvania.
“This settlement will bring cleaner air to Allegheny County” said EPA Mid-Atlantic Regional Administrator Shawn M. Garvin. “We’re pleased that we could resolve these issues without further litigation, meaning nearby communities will benefit sooner from improved air quality.”
As part of the settlement, ALC will pay a $1.6 million civil penalty to be divided equally between the United States and the Allegheny County Health Department. In addition, ALC has agreed to permanently cease steel making operations at its Natrona facility by no later than November 30, 2010—a requirement included in the settlement based on an independent business decision by ALC to consolidate steel-making operations at its nearby Brackenridge, Pennsylvania plant.
“Allegheny Ludlum’s cooperation in this case demonstrates its long-term commitment to cleaner air and continuing operations here in Allegheny County,” said County Health Director, Dr. Bruce W. Dixon.
In March 2006 and June 2007, the Allegheny County Health Department and ALC settled CAA violations of the opacity, or visible emissions limits under the EPA-approved state implementation plan. Opacity is a measure of smoke thickness, and is regulated to prevent visible air pollutants such as soot and other particulate matter from polluting the air. Fine particulate matter from combustion sources is a serious public health concern, particularly for sensitive populations such as children, the elderly, and asthmatics. The settlement required the installation and repair of a baghouse—a pollution collection system—and other air pollution control equipment.
During an EPA inspection in August 2007, the emission control efforts agreed to at Natrona were not sufficient and did not bring the company into compliance; therefore EPA issued a notice of violation. The alleged CAA violations resolved by this settlement agreement pertain to excessive visible fugitive emissions coming from the Natrona facility’s basic oxygen furnace shop.
Until operations at the Natrona facility cease, the settlement requires the company to take specific steps to minimize visible emissions including charging hot metal at a slow and steady manner and maintaining a double door at the facility.
This consent agreement will not only improve air quality by reducing emissions of particulate matter, but will also result in less carbon monoxide, volatile, and semi-volatile organic compounds, as well as nitrogen oxides being emitted.
The decree is associated with a prior consent decree resolvin