. The U.S. Court of Appeals for the D.C. Circuit found the EPA rules illegally let plants buy rights to pollute—sometimes from plants hundreds of miles away—instead of installing modern emission controls.
The court also invalidated parts of the rule that weakened pollution limits for major new or expanded factories and power plants in cities with unhealthful air.
“This decision will mean cleaner air and stronger air quality protections across the country,” said John Walke, Clean Air Director for the Natural Resources Defense Council. “With summer smog blanketing our communities, this decision is a welcome relief and promise of stronger health safeguards. We ask EPA Administrator Lisa Jackson to take this opportunity to protect all Americans swiftly against dangerous smog pollution.”
“Rejecting these waivers is a breath of fresh air to millions of Americans living in cities that violate clean air standards,” said David Baron, Earthjustice attorney. “The EPA rule let power plants pump uncontrolled air pollution into regions that already had dangerous smog levels. We said that violated the law, and the court agreed.”
Earthjustice filed the suit, representing the Natural Resources Defense Council (NRDC). The states of New Jersey, New York, and Connecticut also joined in part of the challenge.
The case grew out of an air pollution trading program aimed at reducing pollution that travels between states. The overturned EPA rule created loopholes by allowing power plants in already polluted communities to avoid installing controls by buying pollution credits from another plant that could be hundreds of miles away. Earthjustice argued that the waiver violated the Clean Air Act. Twenty-two states are members of this interstate program, and most of them contain areas that are already very polluted, officially known as “non-attainment areas.” These include cities like Chicago, Pittsburgh, Baltimore, New York, and Philadelphia. People in these areas already are plagued with unhealthy air.
Environmental advocates and affected states are not the only ones who took issue with the power plant exemption. The National Petrochemicals and Refiners Association filed a brief also objecting to this waiver.
The ruling also rejected weakening Clean Air Act limits on new and expanded factories in polluted communities. The law requires new plants to more than offset their increased emissions, for example by arranging for greater pollution reductions from other facilities in the area. Yet the challenged Bush rules let new plants claim offset credit for historical pollution reductions from plants that closed down decades ago. The rules allowed such credits even in cities that lacked programs to assure that they would still meet health standards on time if the old credits were used. “This sort of arrangement might work in the movie ‘Back To The Future.’ But in the real world, it makes absolutely no sense,” Baron added.
The court held that the credits could not be allowed in cities that lacked approved plans assuring that they would meet clean air standards on time.
EPA Takes New Steps to Improve Water Quality
EPA has made available comprehensive reports and data on water enforcement in all 50 states. This is part of Administrator Lisa P. Jackson’s larger effort by to enhance transparency, promote the public’s right to know about water quality, and provide information on EPA’s actions to protect water under the Clean Water Act.
In the memo, she also calls for stronger enforcement performance at federal and state levels and a transformation of EPA’s water quality and compliance information systems.
. EPA also launched new web-based tools to help the public search, assess, and analyze the data the agency used to help prepare those reports.
These actions are among of several aggressive steps taken by Administrator Jackson to improve the nation’s water quality by increasing the transparency and effectiveness of the agency’s national Clean Water Act enforcement program.
The Administrator’s memo directed the agency to take several actions, including:
- Improve and enhance the information available on the EPA website on compliance and enforcement activities in each state, showing connections to local water quality where possible;
- Provide information in a user-friendly format form that is easily understood and useable by the public;
- Raise the bar for clean water enforcement performance and ensure enforcement is taken against serious violations that threaten water quality; and
- Improve EPA’s enforcement performance in states where EPA directly implements the clean water program.
Administrator Jackson directed OECA to work with EPA’s Office of Water and to consult closely with EPA’s 10 regional offices and the states on the action plan. After obtaining input from other stakeholders, the assistant administrator of OECA, Cynthia Giles, will report back to Administrator Jackson in 90 days with recommendations.
EPA Extends Comment Period Regarding Definition of Solid Waste
The comment period is being extended 30 days to August 13, 2009.
EPA is currently reviewing a petition filed with the Administrator under RCRA section 7004(a) requesting that the Agency reconsider and repeal the recently promulgated revisions to the definition of solid waste for hazardous secondary materials being reclaimed, and is soliciting comments and information to assist the agency in evaluating the petition.
Written or electronic comments must be submitted by August 13, 2009.
EPA Extends Comment Period on Proposed Rule for the Restructuring of the Stationary Source Audit Program
EPA is extending the comment period for the proposed rule entitled “Restructuring of the Stationary Source Audit Program” that was proposed in the Federal Register on June 16, 2009. The 30-day comment period in the proposed rule is scheduled to end July 16, 2009.
The extended comment period will close on August 5, 2009. EPA is extending the comment period because of a request they received.
The comment period for the proposed rule published in the Federal Register on June 16, 2009 () is extended through August 5, 2009.
EPA Cites Sauder for Clean-air Violations
EPA Region 5 has filed an administrative complaint against Sauder Woodworking Cogeneration Facility for alleged Clean Air Act violations at the company’s furniture manufacturing plant in Archbold, Ohio. EPA has proposed a $328,334 penalty.
EPA alleges Sauder violated federal and state regulations by emitting excessive amounts of visible particulates (e.g., smoke, dust, ash), nitrogen oxides and volatile organic compounds from its wood-fired boilers. In addition, EPA alleges Sauder violated notification and recordkeeping requirements and requirements to continuously monitor emissions from its boilers.
EPA learned of the alleged violations after receiving excess emission reports that the company was required to submit to the state. The agency notified Sauder of alleged violations in April 2008 and again in February 2009 and met with the company after each notification to discuss the findings and how to resolve them.
Sauder has 30 days from receipt of the complaint to file an answer and request a hearing. It may request an informal conference with EPA at any time to discuss resolving the allegations.
Inhaling high concentrations of particulates can have adverse health effects, particularly in children, the elderly, and people with heart and lung disease. Nitrogen oxides can irritate the lungs and lower resistance to respiratory infections. They also contribute to the formation of ground-level ozone (smog) and acid rain. Volatile organic compounds also contribute to the formation of smog. Smog is formed when a mixture of pollutants react on warm, sunny days. Smog can cause respiratory problems, including coughing, wheezing, shortness of breath and chest pain. People with asthma, children and the elderly are especially at risk, but these health concerns are important to everyone.
Real Estate Developer Ordered to Pay $227,000 Penalty for Hazardous Waste Violations
A Brookline-based real estate developer and its management company were ordered to pay a $227,500 fine for violating federal and state hazardous waste management requirements during a redevelopment project in North Attleboro, Massachusetts. Blackinton Commons L.L.C. and CG2, Inc. were found by a federal administrative law judge to have violated RCRA by failing to properly identify and dispose of hazardous waste during their work to redevelop the former V.H. Blackinton & Co., Inc. jewelry manufacturing facility in North Attleboro, Massachusetts. The property was developed into a 38 unit residential condominium complex named Blackinton Commons.
The work to remediate and redevelop the North Attleboro site included excavating and disposing of electroplating waste from V.H. Blackinton’s former wastewater sludge lagoons. The sludge, which is listed as hazardous waste under RCRA, contained contaminants including arsenic, cadmium, chromium, lead, and silver. In the course of redeveloping the property for residential reuse, the lagoon area was excavated and the contaminated material improperly sent to a landfill in Rochester, New Hampshire that was not licensed or designed to accept hazardous waste.
The ruling found that Blackinton and CG2 failed to properly identify the 212 tons of waste excavated from the lagoons as hazardous waste and improperly sent 212 tons of hazardous waste to a landfill that was not authorized to receive such waste.
The Massachusetts Department of Environmental Protection (MassDEP) is currently performing publicly funded response actions to evaluate contamination remaining at the site, and to ensure the protection of public health, safety, public welfare and the environment. MassDEP is also pursuing enforcement against Blackinton Commons L.L.C. for violations of the Massachusetts Contingency Plan.
Downeast Energy Fined $157,500 for SPCC Violations
The Downeast Energy Corporation will pay a $157,500 fine for failing to adequately prepare and fully implement federally regulated oil spill prevention, control and countermeasure (SPCC) plans at its Maine oil storage facilities.
An EPA inspection at Downeast Energy’s Springvale oil storage facility found that, although the facility had developed an SPCC plan for that facility, the plan was not fully implemented and did not meet all of the federal prevention requirements. In response to an EPA information request following the Springvale inspection, Downeast Energy indicated that it had identified six additional facilities where the SPCC plans were not fully implemented as required by the Oil Pollution Prevention regulations.
Upon notification of the violations, Downeast was responsive to EPA’s requests to bring its facilities into compliance. Under the terms of the settlement with EPA, Downeast has committed to ensuring that all seven of its facilities will come into full compliance with the Oil Pollution Prevention regulations by August 1, 2009.
Oil spill prevention requirements under the Federal Clean Water Act can apply to certain oil storage and distribution facilities if their storage capacity rises above 1,320 gallons and due to their location, the facility could ever reasonably be anticipated to release oil products into a waterway of the United States or adjoining shoreline area. If these criteria are met, these facilities must implement SPCC plans and utilize spill containment systems to reduce the likelihood of an accident or spill that could endanger public health and the environment.
In the continual effort to protect New England’s environment from oil spills, EPA has inspected over 100 facilities since 2007. Nationwide in 2008, EPA had required responsible and/ or liable parties to spend an estimated $11 billion on pollution controls, environmental projects and cleanup. EPA expects that these activities will set the stage for an annual reduction of more than three billion pounds of pollution.
Franklin County Company to Pay Penalty for Violating Ohio’s Air Pollution Control Laws
TS Trim Industries, Inc., has agreed to pay a $85,200 penalty as a settlement for violating Ohio’s air pollution control laws at two plants in Canal Winchester. These two plants are considered one facility. The company coats interior trim plastic parts with different adhesives for the automotive industry. Its facility is permitted to operate spray booths and other pieces of equipment that emit air pollutants.
Ohio EPA noted a number of problems at the facility between 2006 and 2008, including untimely testing, exceeding operating parameters, and failing to maintain records and submit reports as required. Ohio EPA relies on timely and complete reports to ensure facilities are operating in compliance with their permits. In December 2008, the company submitted a permit-to- install-and-operate (PTIO) application for an emissions unit. Before Ohio EPA issued the PTIO in May 2009, the company initiated construction and operations of the units in violation of Ohio rules.
The facility’s pollution control equipment failed to meet necessary efficiency standards during a compliance test in March 2007. The facility has since installed new control equipment that is expected to return the facility to compliance.
The company has agreed to conduct emissions testing of the new control equipment by August 7, 2009, to demonstrate that its facility meets the required control efficiency. The company continues to discuss with Ohio EPA its attempts to reduce emissions by reformulating adhesives and implementing new machine technologies to eliminate the need for adhesives.
The civil penalty includes $68,160 to support state and local air pollution control programs and $17,040 to Ohio EPA’s clean diesel school bus program. This fund helps retrofit school buses with pollution control equipment to reduce particulate emissions from their diesel engines.
Large Cesspools in Hawaii to be Closed
“This action is part of our continued effort focused on closing large capacity cesspools to protect drinking water and near shore water resources in Hawaii,” said Alexis Strauss, director of the EPA’s water division for the Pacific Southwest region. “Owners and operators need to quickly close their large capacity cesspools to protect Hawaii waters, and we will continue to pursue violators.”
K. Taniguchi, LTD. must close all five large capacity cesspools which they own and operate at their Hilo location by September 1, 2009, as part of the proposed settlement, which is currently available for public comment. The closed cesspools will be replaced by Hawaii Department of Health-approved wastewater systems.
A large capacity cesspool is one that discharges untreated sewage from multiple dwellings, or a non-residential location that serves 20 or more people per day. Federal regulations, which prohibit large capacity cesspools as of April 2005, do not apply to single-family homes connected to their own individual cesspools.
Cesspools discharge raw sewage into the ground, allowing disease-causing pathogens and other contaminants—such as nitrates—to pollute groundwater, streams, and the ocean. Cesspools are used more widely in Hawaii than in any other state. Many are owned by county, state, and federal agencies.
However, there are numerous other cesspools serving restaurants, hotels, office complexes, and multiple dwellings, such as duplexes, homes, apartments, and condominiums.
Pennsylvania DEP Assesses $32,000 Penalty for 2007 Gas Migration Incident
The Pennsylvania Department of Environmental Protection (DEP) has assessed a $32,000 civil penalty against First Alliance Church in Millcreek Township, in Erie County, for a gas migration episode in November and December 2007 that kept five families out of their homes for 39 days.
Millcreek emergency management officials instructed the families to vacate their homes on November 20, 2007, after natural gas levels in and around homes on Head Drive were found to be at explosive levels. DEP discovered during its investigation that First Alliance Church had hired a contractor to drill a number of natural gas wells on its property a short distance from Head Drive.
As the result of the investigation to identify the source of the stray gas, DEP ordered the church to plug the well that the department determined to be the source. Plugging a gas or oil well takes it out of service permanently by filling the borehole with cement.
As a result of the plugging of the well, gas readings on Head Drive began to fall and on December 28, and the families were able to return to their homes.
“These families suffered a very real hardship and were forced to spend major holidays away from home,” said DEP Regional Director Kelly Burch. “Despite the fact that thousands of wells are drilled successfully in Pennsylvania each year, this situation underscores the reality that, in isolated cases, gas migration can result from drilling activities.”
The Erie Chapter of the American Red Cross provided support for the displaced families, arranging hotel accommodations, food and other assistance.
The civil penalty addresses violations of the Oil and Gas Act and the Clean Streams Law, specifically failure to prevent the migration of natural gas into Walnut Creek. DEP’s Bureau of Oil and Gas Management will use the $32,000 penalty to plug abandoned wells or to carry out other public health or environmental protection activities under the Oil and Gas Act.
Industrial Finishing Services Fined $28,000 for Hazardous Waste and Wastewater Violations
Industrial Finishing Services, of Perham, Minnesota, has agreed to pay a $28,000 civil penalty and has completed actions requested by the Minnesota Pollution Control Agency (MPCA) to settle alleged violations of state regulations, including those covering industrial wastewater disposal and hazardous waste storage and record-keeping.
The alleged violations were observed during MPCA inspections at sites operated by the company in Deer Creek, Perham, and New York Mills during the second half of 2007. Taken into consideration during this enforcement action was the company’s past history of similar alleged violations identified during inspections dating back to 2001.
Among other things, inspection reports from 2007 allege the company failed to properly dispose of industrial wastewater, failed to inspect stored wastes, failed to consistently label hazardous waste and used oil, and failed to store wastes according to state rules. Inspectors also alleged problems with recordkeeping, emergency preparedness, and employee training.
The company has completed steps the MPCA requested to address areas of concern identified in the inspection reports.
Storm Water Violations at Housing Development Near Faribault Cost Companies $20,000
Build to Suit Inc., and Turner Excavating Co. have reached an agreement with the Minnesota Pollution Control Agency (MPCA) requiring the two parties to pay a $20,000 penalty for alleged storm water violations. The violations occurred at East View Addition, a 22-acre housing development construction site in northeast Faribault, Minnesota.
Rice County staff inspections performed in 2007 confirmed that during construction, the companies failed to maintain appropriate silt fencing, bank stabilization, and sediment- and erosion-control devices throughout the site. These kinds of violations often have significant environmental impacts, mostly due to sediment-laden storm water running into area surface waters. In this case, significant amounts of sediment had entered nearby ravines that drain to the Cannon River. The Cannon River is currently on the MPCA’s impaired waters list for turbidity, which is a measure of water clarity.
In addition to paying the $20,000 civil penalty, the companies were required to improve erosion-control practices on the site to meet permit requirements. The penalty is to be paid in full by the end of 2009.
Minnesota law requires businesses and contractors to apply for a storm water permit when construction projects disturb more than one acre of land. The MPCA offers outreach and training to help contractors meet their permit requirements. For more information on storm water permits, call Lisa Woog, MPCA compliance coordinator, at 218-316-3891 or toll-free at 800-657-3864.
INREIT Properties and Goldmark Development Penalized for Clean Water Act Violations at Grand Forks, North Dakota Apartment Complex
EPA has settled an administrative penalty action involving INREIT Properties, LLLP and Goldmark Development Corporation. EPA alleged that these companies violated the Clean Water Act (CWA) by failing to apply for and obtain a storm water construction permit and by discharging storm water without a permit during construction of the Autumn Ridge Apartments in Grand Forks, North Dakota. The companies have agreed to pay a penalty of $18,500.
“These alleged actions compromised water quality by ineffectively managing runoff from construction activities,” said Diane Sipe, Director of EPA Region 8’s Water Enforcement program. “EPA assessed this penalty to INREIT Properties, LLLP and Goldmark Development Corporation to send the message that ignoring storm water regulations will not be tolerated. Storm water runoff can carry high levels of pollutants such as sediment, oil and grease, suspended solids, nutrients, and heavy metals into our waterways. We will continue to pursue actions against those who violate federal laws that protect North Dakota’s waters.”
During a May 2008 inspection, EPA observed excessive sediment in storm drains, missing or inadequate storm water control practices, and large areas of disturbed soil without stabilization measures. Runoff from the Autumn Ridge Apartments site flows to the Red River.
To obtain coverage under North Dakota Department of Health’s storm water general permit for construction sites, the owner, or the owner jointly with the operator, must submit a Notice of Intent prior to the start of construction. The owner must also develop and implement a storm water pollution prevention plan (SWPPP). The SWPPP must specify the practices will be used to reduce the amount of pollutants, including sediment, which flow off the construction site in a storm event.
California’s ARB Cites Furniture Company $5,500 for Diesel Emission Violations
The California Air Resources Board (ARB) has fined Home Design/Lifestyle Furniture of Fresno $5,500 for diesel truck emission violations that occurred in 2007 and 2008. An ARB fleet audit found that the company had not been annually inspecting its heavy-duty diesel vehicles, as required by California law. Not performing the required smoke inspections can lead to increased diesel emissions.
“Despite continued air quality improvement in the Valley, the area still fails to meet federal health standards,” said ARB Chairman Mary D. Nichols. “Cases like this remind us that everyone needs to do their part to keep harmful emissions down.”
As part of the settlement, Home Design must:
- Guarantee employees who are responsible for inspecting the vehicles attend a mandatory California community college training class on diesel emissions and provide certificates of completion within one year;
- Instruct employees and drivers on ARB’s truck idling regulations;
- Ensure that trucks have the most recent low-NOx software installed;
- Provide documentation to ARB that the inspections are being carried out for the next three years; and,
- Ensure that all diesel trucks are up to federal emissions standards for the vehicle model year and are properly labeled with the manufacturer’s factory engine certification label.
The company will pay $5,500 in penalties: $4,125 will go to the California Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality; $687.50 will go to Peralta Community College District to fund emission education classes conducted by participating California community colleges under the California Council for Diesel Education and Technology; and, the remaining $687.50 will go to the California Pollution Control Financing Authority.
A decade ago, the ARB listed diesel particulate matter as a toxic air contaminant in order to protect public health. Exposure to diesel emissions can increase the risk of asthma, bronchitis and other respiratory diseases. California has aggressively worked to cut diesel emissions by cleaning up diesel fuel, requiring cleaner engines for trucks, buses and off-road equipment, and limiting unnecessary idling.
Electric Motorcycle Gets EPA Certification
Xtreme Green Products, Inc., an eco-vehicle company specializing in the development of electric land vehicles and personal watercraft, announced that the company’s X Rider has become the first electric highway motorcycle to receive an EPA Certificate of Conformity.
The EPA Certificate of Conformity is a required certification for vehicles to operate on U.S. roads and highways. The certification was mandated by the Clean Air Act of 1990 to certify that vehicles conform to all EPA regulations and emission standards.
“Receiving the EPA Certificate of Conformity for the X Rider electric motorcycle represents an important milestone for Xtreme Green Products,” commented Claire Roth, Vice President of Government Affairs at Xtreme Green Products. “For the past six months, we have worked diligently with the EPA to develop procedures for certifying electric motorcycles such as the X Rider. Now that the X Rider is certified, it is now designated as operational on U.S. highways and officially qualifies for electric vehicle tax credits offered through the federal government’s stimulus package,” she added.
According to the company, the X Rider is the ultimate electric, two-passenger, Green Urban Commuter. This powerful, yet efficient, electric vehicle can travel up to 65 miles per hour with a range over 100 miles per charge. Features of the X Rider include a proprietary power management system, allowing added safety and battery life, a built in battery charger that allows the X Rider to fully charged in less than 3 hours, and a 4500 watt, 72 volt proprietary hub motor developed to maximize top speed and range. With an operational cost as low as $0.003 per mile, the X Rider is the perfect eco-friendly alternative to traditional fuel-powered transportation.
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Trivia Question of the Week
Collectively, Americans douse their lawns with how many gallons of water per day?
a. 500 million gallons
b. 1 billion gallons
c. 7 billion gallons
d. almost 1 trillion gallons
Answer