DOT Extends Date for Compliance with Revised Lithium Battery Transportation Rules

 This revision is made in response to formal comments received from multiple stakeholders outlining challenges faced by the regulated community in fully implementing the provisions of the final rule in conformance with the February 6, 2015, mandatory compliance date. The original compliance date of February 6, 2015, remains in place for offering, accepting, and transporting by aircraft.

Interstate Power and to Pay $1.1 Million for Clean Air Act PSD Violations

In a settlement announced recently by the EPA and the US Department of Justice (DOJ), Interstate Power and Light, a subsidiary of Alliant Energy, has agreed to install pollution control technology and meet stringent emission rates to reduce air emissions from the company’s seven coal-fired power plants in Iowa. The State of Iowa, Linn County, Iowa, and the Sierra Club joined the United States as co-plaintiffs in the case.

The EPA determined that IPL commenced construction of one or more major modifications, as defined in the CAA and implementing regulations, at the Lansing and Ottumwa plants, in violation of PSD. Such modifications resulted in significant net emissions increases, as defined by the relevant PSD regulations, of oxides of nitrogen (NOx) and/or sulfur dioxide (SO2). IPL approached the EPA in late 2011 to explore a system-wide PSD settlement at its Iowa units. The parties initiated settlement discussions in November 2011.

“To serve the communities in which they operate, power plants must protect clean air for those living nearby,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. By installing new equipment and funding mitigation projects, Interstate Power and Light can help conserve energy and cut pollution in communities across Iowa.”

“This settlement is a victory for air quality and public health in Iowa,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This agreement will cover all of Interstate’s coal-burning facilities in Iowa, requiring new pollution cutting technology and environmental projects to enhance air quality in surrounding communities, among other lasting benefits.”

“The emissions reductions required by this settlement will lead to cleaner air and significant environmental and public health benefits for Iowans,” said US Attorney Kevin W. Techau for the Northern District of Iowa. “This settlement will eliminate thousands of tons of harmful air pollution each year significantly improving air quality in Iowa and throughout the Midwest. 

Under the settlement, Interstate Power and Light will install and continuously operate new and existing pollution control technology at its two largest plants in Lansing and Ottumwa, and will retire or convert to cleaner-burning natural gas its remaining five plants in Burlington, Cedar Rapids, Clinton, Dubuque, and Marshalltown. The new, state-of-the-art pollution controls required by the settlement are expected to cost approximately $620 million. EPA estimates that the settlement will reduce sulfur dioxide (SO2) emissions by 32,500 tons per year and nitrogen oxide (NOx) emissions by 3,800 tons per year once the settlement is fully implemented.

Interstate Power and Light will also be required to spend $6 million on environmental mitigation projects. The company will choose from five potential projects, including solar energy and anaerobic digester installations, replacing coal-fired boilers at schools with lower-emission equipment, an alternative fuel vehicle replacement program, and a program to help residents change out wood burning stoves and fireplaces.

SO₂ and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes coal-fired power plants, under the Clean Air Act’s New Source Review requirements. The total combined SO₂ and NOx emission reductions secured from all these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.

The company is required to pay the penalty within 30 days after the court approves the settlement.

New Exclusions for Solvent Recycling and Hazardous Secondary Materials

EPA’s new definition of solid waste rule will present new opportunities for waste recycling outside the scope of hazardous waste regulation. Environmental Resource Center will present a webcast on the new Definition of Solid Waste rule on Monday, June 29th at 2:00 pm Eastern Time. This rule, which goes into effect on July 13, 2015, will maintain critical environmental protections while streamlining the regulatory burden for wastes that are legitimately recycled.

The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent product by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.

The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material, and it will not meet the definition of solid waste. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.

Learn how to take advantage of these exclusions at Environmental Resource Center’s live one-hour webcast. You will learn:

• Which of your materials qualify for the exclusion?
• What is a secondary material?
• Which solvents can be remanufactured, and which cannot?
• What is a tolling agreement?
• What is legitimate recycling?
• What are the generator storage requirements?
• What documentation must be maintained?
• What are the off-site shipping requirements?
• What are the training and emergency planning requirements?
• Can the recycler be outside the US?

EPA Issues New Industrial Storm Water General Permit

If you were permitted under the 2008 MSGP and need to obtain coverage under the new permit, you must submit your Notice of Intent (NOI)—in accordance with the 2015 MSGP’s updated NOI requirements—by September 2, 2015.

At this interactive session, you will learn how to:

• Obtain a storm water discharge permit
• Develop and implement an effective SWPPP
• Select and implement effective control measures (including best management practices)
• Develop and document inspection procedures
• Implement an effective monitoring and sampling plan
• Meet your permit’s training requirements
• Comply with reporting and recordkeeping requirements
• Certify no-exposure
• Comply with permit renewal requirements
• Terminate permit coverage

EPA’s Revises Underground Storage Tank Regulations

 These are the first major revisions to the UST regulations since 1988.

The rules establish new requirements for the use of equipment to reduce releases to the environment, as well as detect releases, should they occur.

Attend Environmental Resource Center’s live webcast on August 3^rd to learn how to meet the UST requirements that impact your site. You will learn:

• Existing UST regulations and requirements
• EPA’s approved leak detection methods
• New requirements for:
• Secondary containment for new and replaced tanks and piping
• Operator training
• UST system capability for certain biofuel blends
• Operation and maintenance for UST systems
• Removed deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks—making these tanks fully regulated
• Updating codes and practices

Cleveland RCRA and DOT Training

Dallas RCRA and DOT Training

Birmingham RCRA and DOT Training

EPA Approves New Replacements for Ozone Depleting Substances

This action lists as acceptable additional substitutes for use in the refrigeration and air conditioning; foam blowing; solvent cleaning; aerosols; and adhesives, coatings, and inks sectors. New substitutes are:

• R-450A in new vending machines
• R-448A in several refrigeration and air conditioning end-uses
• R-513A in several refrigeration and air conditioning end-uses
• R-449A in several refrigeration and air conditioning end-uses
• Hydrofluoroolefin (HFO)-1336mzz(Z) in rigid polyurethane spray foam (high-pressure, two-part uses only)
• Methoxytridecafluoroheptene isomers (MPHE) in non-mechanical heat transfer, three solvent cleaning end-uses, aerosol solvents, and adhesives and coatings

Visible Emissions Evaluation Training Offered by CARB

The California Air Resources Board Training Program has a long history of providing comprehensive air quality technical training to federal, state, and local regulatory agencies as well as to representatives of California’s regulated community. More than 60 in-class, webcast, and online courses are offered to students throughout the State with the ultimate goal of reducing harmful emissions by promoting full compliance with air pollution regulations.

The Enforcement Division’s Training Section has announced the release of its newest online training course 100A: The Fundamentals of Enforcement (FOE) Visible Emissions Evaluation (VEE) Online Training. This interactive course is free, flexible, and self-paced. With Internet access and a computer, students may learn anywhere, at any time.

Course 100A is a prerequisite and critical foundation for VEE certification. After completing it and the subsequent one-day course 100B: the FOE VEE Field Training, students will be well-prepared to test for EPA Method 9 certification at any one of ARB’s VEE Certification sessions (100.1 and 100.2) held throughout California.

DOT Issues Pipeline Damage Prevention Programs Final Rule

The US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced the issuance of a final rule to establish the process for evaluating State excavation damage prevention programs and enforcing Federal standards in States where such requirements are inadequate or do not exist.

“Excavation damage is a leading cause of serious pipeline incidents that cause death, injuries, and property damage,” said US Transportation Secretary Anthony Foxx. “The rule strengthens our ability to take enforcement action against those who violate pipeline damage prevention requirements, and to address one of the greatest threats to pipeline safety.”

Congress authorized the DOT to take this action under the Pipeline Inspection, Protection, Enforcement and Safety (PIPES) Act of 2006. The final rule amends the Federal pipeline safety regulations to establish the following:

• The criteria and procedures PHMSA will use to determine the adequacy of State pipeline excavation damage prevention law enforcement programs
• The administrative process for States to contest notices of inadequacy from PHMSA should they elect to do so
• The Federal requirements PHMSA will enforce against excavators for violations in States with inadequate excavation damage prevention law enforcement programs
• The adjudication process for administrative enforcement proceedings against excavators where Federal authority is exercised

“Between 1988 and 2014, there were 1,815 pipeline incidents caused by excavation damage that resulted in 193 deaths, 757 injuries, and nearly $545 million in property damage,” said PHMSA Interim Executive Director Stacy Cummings. “This rule represents a critical achievement in the Department’s continuing efforts to prevent excavation damage to pipelines.”

The PIPES Act of 2006 directed PHMSA to develop criteria for evaluating the adequacy of State damage prevention laws, and authorized PHMSA to take civil enforcement action against excavators who violate safety requirements. PHMSA published an Advanced Notice of Proposed Rulemaking on the excavation damage rule in 2009 and a Notice of Proposed Rulemaking in 2012.

PHMSA has undertaken a variety of efforts over many years to reduce excavation damage to pipelines. These efforts include performing studies, advocacy, grant making, rulemaking, and partnership with a wide spectrum of excavation damage prevention stakeholders.

The final rule has been transmitted to the Federal Register for publication.

PHMSA Releases Operator Qualification, Cost Recovery, and Accident Notification Regulatory Proposal

The Operator Qualification, Cost Recovery, and Accident Notification proposed rule would also allow PHMSA to recover costs for pipeline design reviews, and addresses several National Transportation Safety Board Recommendations related to operator qualification programs, personnel training, drug and alcohol testing, and acceptable methods for assessing crack defects in pipelines.

The proposed rule would require pipeline operators to notify the National Response Center (NRC) of a pipeline release at the earliest practicable moment following the confirmed discovery of an accident or incident involving natural gas and hazardous liquid pipelines, but not later than one hour following confirmed discovery.

“We constantly seek to raise the bar on safety,” said US Transportation Secretary Anthony Foxx. “This proposed rule will improve safety in a number of ways, including a notification time limit which eliminates any ambiguity about timeliness in reporting and is crucial to the ability to mitigate damage and protect people, property and the environment following an incident.”

In addition to establishing time limits for pipeline failure notifications, the rulemaking proposal addresses Section 13 of the Pipeline Safety Act, which allows PHMSA to recover costs for pipeline design reviews, as well as several National Transportation Safety Board Recommendations related to operator qualification programs, personnel training, drug and alcohol testing, and acceptable methods for assessing crack defects in pipelines.

“All of these updates together will provide significant safety benefits and move us closer to addressing pending Congressional mandates and other important safety recommendations,” said Stacy Cummings, PHMSA’s Interim Executive Director. ”We will continue to update our regulations to positively influence pipeline operator safety programs and to address concerns related to failures, operator error and other safety risks.”

Specifically, the proposed rule would revise and strengthen the federal Pipeline Safety Regulations by establishing:

• Updated requirements for operators to review the effectiveness of their operator qualification programs and ensure these programs cover any activity identified by the operator that affects the safety or integrity of the pipeline facility, including performance of operations, maintenance, construction, or emergency tasks
• A fee structure and assessment methodology for PHMSA to recover costs associated with the design reviews of pipelines where design and construction costs total at least $2.5 billion or involve the use of new and novel technologies
• Over-pressure protection requirements for farm taps, while also exempting them from Distribution Integrity Management Program requirements
• New requirements for pipeline operators to report the permanent reversal of flow (lasting more than 30-days), or a change in product, to PHMSA
• An amendment to pipeline safety regulations to add procedures for renewing an expiring special permit previously issued to a pipeline operator by PHMSA
• An amendment to pipeline safety regulations to require drug and alcohol testing of each employee whose performance either contributed to a pipeline accident or cannot be completely discounted as a contributing factor to an accident

Currently, Federal regulations do not specify a time limit for notification after a pipeline release, but requires pipeline operators to notify the NRC at the earliest practicable moment once a release is discovered. Section nine of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 directed PHMSA to revise Federal Pipeline Safety regulations to establish time limits for the telephonic notification of pipeline releases to the NRC. PHMSA has advised operators in the past that the earliest practicable opportunity usually means one-to-two hours after the discovery of the incident. The rulemaking proposal further establishes an enforceable time limit for pipeline failure notifications and adds to PHMSA’s January 30, 2013 Advisory Bulletin, in which the agency advised pipeline operators to contact the NRC within one hour of discovery of a pipeline incident. The rule also clarifies the practical meaning of confirmed discovery to when there is sufficient information to determine that a reportable event has occurred, even if an evaluation has not been completed.

Interior Department Proposes Stream Protection Rule

 The proposed rule would protect about 6,500 miles of streams nationwide over a period of 20 years, preserving community health and economic opportunities while meeting the nation’s energy needs.

“This proposed rule would accomplish what Americans expect from their government—a modern and balanced approach to energy development that safeguards our environment, protects water quality, supports the energy needs of the nation, and makes coalfield communities more resilient for a diversified economic future,” said Secretary Jewell. “We are committed to working with coalfield communities as we support economic activity while minimizing the impact coal production has on the environment that our children and grandchildren will inherit.”

The proposed Stream Protection Rule would include reasonable and straightforward reforms to revise three-decades-old regulations for coal mining in order to avoid or minimize impacts on surface water, groundwater, fish, wildlife, and other natural resources. The proposed rule, which reflects updated science, would replace the 1983 regulations and would better protect the resources.

The proposed rule is meant to keep pace with current science, technology, and modern mining practices. Once the public has had an opportunity to provide comments and the rule is finalized, it will better safeguard communities from the long-term effects of pollution and environmental degradation that endanger public health and undermine future economic opportunities for affected communities.

“The proposed rule would also provide the mining industry with something it has asked for time and again—regulatory certainty,” said Assistant Secretary for Land and Minerals Management Janice Schneider. “The rule would make it clear which requirements apply to which types of streams, and how to determine what types of streams are present. Because of this clarity, companies can better prepare and plan.”

Guided by the best-available science and utilizing modern technologies, the proposed rule would require companies to avoid mining practices that permanently pollute streams, destroy drinking water sources, increase flood risk, and threaten forests.

The proposed rule would require coal companies to test and monitor the condition of streams that their mining might impact before, during and after their operations. This feature would provide baseline data to ensure that operators could detect and correct problems if or when they arise. The proposed rule would also require companies to restore streams and return mined-over areas to the uses they were capable of supporting prior to mining activities, and replanting them with native trees and vegetation unless a conflicting land use is implemented. Through clear, measurable standards, the proposed rule would promote operational accountability to achieve the environmental restoration required when operations were permitted. Moreover, economic impacts were thoroughly analyzed and the proposed rule is projected to have a minimal impact on the coal industry overall.

“In developing the proposed rule, we conducted extensive public outreach and were informed by the interests of coal country residents and others, including those directly and indirectly employed by the industry and those living with the impacts of mining on a daily basis,” said Director Pizarchik. “That is why we are having a robust public comment process—to provide all stakeholders the opportunity to provide input on the proposed changes.”

 The proposed rule, upon publication in the Federal Register, and the associated DEIS and Draft RIA, will be open for public comment for a period of 60 days. 

OSMRE will hold public hearings on the proposed Stream Protection Rule in five cities across the country beginning in September. Hearings will be held in Pittsburgh, Pennsylvania; Lexington, Kentucky; Charleston, West Virginia; Denver, Colorado; and St. Louis, Missouri. The times and venues of the public hearings will be announced at a later date.

Four Companies Fined for EPCRA Violations

Four companies in Washington have signed settlements for violations of federal chemical storage laws, according to the EPA. 

“If emergency responders don’t have accurate records on hazardous chemicals in their communities, it can hinder their ability to respond during crises,” said Kelly McFadden, Manager of the Pesticides and Toxics Unit in EPA’s Seattle office. “These laws are in place to protect emergency responders and communities when it matters most.”

Emergency responders rely on this information for their safety and to help protect nearby residents during an emergency, such as a fire or an earthquake. Citizens can also access the information to find out what chemicals are being stored and used in their neighborhoods.

The companies have taken steps to prevent future violations and agreed to pay fines.

Foster Poultry Farms

According to EPA, Foster Poultry Farms, a California-based company with a facility in Kelso, Washington, violated federal chemical storage laws by failing to meet the federal deadline for reporting significant quantities of chemicals stored at its facility in 2013. The company stored over 500 lb each of ammonia and sulfuric acid and over 10,000 lb each of carbon dioxide, sodium hydroxide solution, ferric chloride solution, lead, and nitrogen at the Kelso facility. The company uses ammonia for refrigeration and the other chemicals for processing chickens, sanitizing, and wastewater treatment.

Anhydrous ammonia is an irritant and corrosive to the skin, eyes, respiratory tract, and mucous membranes. Exposure to ammonia liquid or rapidly expanding gases may cause severe chemical burns and frostbite to the eyes, lungs, and skin. In addition, ammonia has potentially explosive reactions with strong oxidizers.

The company has submitted the required reports and agreed to pay a fine of $112,500.

Shining Ocean, Inc.

From 2009-2013, Shining Ocean, Inc., a Sumner, Washington wholesale seafood distributor, stored over 500 lb each of ammonia and sulfuric acid at its Sumner facility.  Shining Ocean uses ammonia in its refrigeration system and sulfuric acid is used in the wastewater treatment plant.

Sulfuric acid is a colorless oily liquid. It is corrosive to metals and tissue. Long-term exposure to low concentrations or short-term exposure to high concentrations can result in adverse health effects from inhalation.

The company agreed to pay a fine of $16,575. In addition, the company has agreed to spend $87,500 to enhance its ammonia monitoring system. The enhancements include adding ammonia sensors to the facility to improve detection of releases, installing cameras to observe the ammonia system remotely, adding ammonia release alarms, and upgrading the system’s software to allow monitoring from mobile devices.

Two Rivers Terminal, LLC

Region 10 settled with Two Rivers Terminal, LLC, a Pasco, Washington wholesale warehouse company that distributes agricultural pesticides and chemicals, for violations of EPCRA at three of its facilities.

From 2011-2012, Two Rivers Terminal failed to report significant quantities of over 80 different chemicals stored in three facilities in Pasco and Moses Lake, Washington. This included storage of over 990 times the reporting threshold of anhydrous ammonia at one of its facilities, over 330 times the reporting threshold of anhydrous ammonia at another one of its facilities, and over 4,650 times the reporting threshold of paraquat dichloride at its other facility in 2012.

Paraquat dichloride is an herbicide that can be toxic to humans and can lead to liver, lung, heart, or kidney failure.

The company has agreed to pay a fine of $200,000.

Wilcox Farms, Inc.

In 2013, Wilcox Farms, Inc., a Roy, Washington company, violated federal chemical storage laws by failing to meet the federal deadline for reporting significant quantities of chemicals stored at its facility. The company had stored 8,800 lb of ammonia and 2,550 lb of sulfuric acid at its facility, for which the reporting threshold is 500 lb. In addition, the company stored over 67,000 lb of propane and over 72,000 lb of diesel fuel at its facility, for which the reporting threshold is 10,000 lb.

Wilcox Farms uses anhydrous ammonia for refrigeration, propane for heating, and sulfuric acid for processing and cleaning in its chicken processing operations.

The company has corrected the violations and agreed to pay a fine of $15,625. In addition, the company has agreed to conduct a Supplemental Environmental Project to convert its diesel-fueled boiler to a propane-fueled boiler at a cost of $96,000 to achieve lower air emissions.

Ohio to Modify Air Regulations

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is proposing the following major draft amendments for review:

1. Ohio EPA is adding an alternative monitoring and recordkeeping option for catalytic incinerators throughout the chapter. Existing catalytic incinerator monitoring and/or recordkeeping requires monitoring of and/or records of the catalyst bed inlet temperature and the temperature difference across the catalyst bed. The new option requires monitoring of and/or records of the catalyst bed inlet temperature and a catalytic oxidizer inspection and maintenance plan. This new option is similar to many existing USEPA MACT standards, such as Subparts JJJJ, OOOO, SSSS, and PPPPP, and existing OAC rules 3745-21-15, 3745-21-22 and 3745-21-24.
2. Ohio EPA is adding paragraphs (M)(1), (M)(2) and (M)(3)(a) to the exemption in OAC rule 3745-21-07(M)(5)(d). These additional paragraphs were included in the previous exemption contained in OAC rules 3745-21-07(G)(9)(c) and (d). Recordkeeping provisions for this exemption were also added in new OAC rule 3745-21-07 (M)(5)(j).
3.  Table 1 of “The Control Techniques Guidelines (CTG) for Miscellaneous Industrial Adhesives” includes the recommended VOC emission limits that were used in this rule. The CTG indicates that the VOC emissions limits exclude water and exempt solvents.

Ohio EPA is proposing a new rule, OAC rule 3745-21-26, “Surface Coating of Miscellaneous Metal and Plastic Parts.” The rule will be effective in the Cleveland-Akron area that consists of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties. This rule is based on USEPA’s 2008 revised CTG. This revised CTG is a strengthening of previous CTGs covering these categories that were also adopted by Ohio during previous rulemakings. Prior to this rule’s adoption the surface coating of miscellaneous metal parts in the Cleveland-Akron area was regulated under OAC rule 3745-21-09(U) and the surface coating of automotive/transportation plastic parts and business machine plastic parts was regulated under OAC rule 3745-21-09(HH).

Cottonwood Creek Inc. to Pay $170,000 for Clean Water Act Violations

 These plans are the first line of defense for preventing oil discharges and providing immediate containment measures when an oil discharge does occur. The company cleaned up the oil release and ultimately submitted an acceptable FRP.

“This settlement underscores the importance of EPA’s oil spill prevention requirements in safeguarding our rivers and streams,” said Shaun McGrath, regional administrator for EPA’s Denver office. “Cottonwood Creek was responsive in putting the necessary preventative and response measures in place, and EPA will ensure that the station’s current operators continue to comply with these critical environmental requirements.”

The settlement requires Cottonwood Creek, Inc., to pay a civil penalty of $170,000 which will be deposited into the Oil Spill Liability Trust Fund, a fund used by federal agencies to respond to discharges of oil and hazardous substances.

Cottonwood Creek, Inc. sold the Bonanza Station to the Washakie Pipeline Company in 2012.

Settlement Ensures Pet Care Company Complies with Pesticide Regulations

In an agreement with the EPA, PetEdge, Inc., also agreed to pay $75,900 to resolve EPA allegations that it violated federal pesticide regulations.

PetEdge did not admit to the allegations by EPA but agreed in the settlement to pay the fine and that PetEdge and products supplied by its vendors will come into compliance with the law within 30 days. The company also agreed not to distribute or sell any product that is in violation with federal regulations.

According to the settlement, the company allegedly:

• Distributed or sold seven pesticide products at least once each in 2012 and 2013 without the products being registered as pesticides under FIFRA
• Distributed or sold three pesticides at least once each in those years with inaccurate labels
• Imported one or more insect products without filing a report with EPA as required by the federal pesticide law

“Companies that sell or distribute pesticide products are required to carefully follow FIFRA requirements that help ensure that people and the environment are not put at unreasonable risk,” said Curt Spalding, regional administrator of EPA’s New England office.

Clean Air Act Violations at Wilbur-Ellis Company Facilities Lead to $113,121 Fine

In a settlement agreement with EPA Region 7 filed recently, Wilbur-Ellis Company has agreed to pay a $67,404 civil penalty to settle alleged violations of the Clean Air Act at its fertilizer facilities in White Cloud, Troy, and Silver Lake, Kansas. The company is also required to spend an additional $113,121 on emergency response equipment to complete a Supplemental Environmental Project, benefitting the Sedgwick Fire Department and Doniphan County.

EPA inspections revealed the company exceeded the threshold quantity of anhydrous ammonia in processes at each of the three facilities. This requires each facility to file a Risk Management Plan with EPA and implement a risk management program. The inspections also noted violations of the Clean Air Act’s Chemical Accident Prevention regulations at each facility.

Anhydrous ammonia is used in fertilizers, and can cause rapid dehydration and severe burns if inhaled. Short-term exposure at high concentrations can cause death. The threshold quantity of anhydrous ammonia in a process is 10,000 lb. Facilities holding more than 10,000 lb of anhydrous ammonia in a process are required to comply with EPA’s Risk Management Program regulations.

The regulations seek to prevent accidental releases of extremely hazardous substances and reduce the impact of releases that do occur. The Risk Management Plan is available to help local fire, police, and emergency response personnel prepare for and respond to chemical emergencies at the facilities.

“Companies have a responsibility to their employees, and the surrounding communities, to ensure they are using the best safety practices, and adhering to all regulations, when working with potentially dangerous chemicals,” said EPA Region 7 Acting Administrator Mark Hague. “The Chemical Accident Prevention regulations exist to help ensure our communities are healthy, and that companies are doing all they can to work safely.”

In addition to the $67,404 cash penalty, Wilbur-Ellis will provide $113,121 worth of emergency response equipment to the Sedgwick Fire Department and Doniphan County through performance of a Supplemental Environmental Project. A SEP is intended to be a project that produces environmental or public health and safety benefits, earning partial credit by EPA to offset the cost of the penalty.

“A Supplemental Environmental Project is a great tool to provide tangible benefits to the communities near these companies, while also holding the companies accountable to applicable environmental laws and regulations,” said Hague.

By agreeing to the settlement, Wilbur-Ellis Company has certified that it is in compliance with the Clean Air Act and all of its requirements.

UMass Memorial Realty Inc. Assessed $45,412.50 Penalty for Asbestos Violations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed UMass Memorial Realty, Inc., of Worcester a $45,412.50 penalty for violations of asbestos regulations that occurred at the former Worcester City Hospital at 26 Queen Street.

In November 2013, MassDEP inspectors observed that asbestos-containing floor tiles had been improperly removed from the cafeteria and disposed of in an open-topped, roll-off container at the site. MassDEP was not notified prior to commencement of the asbestos removal work as required by the regulations. MassDEP required UMass Memorial Realty to retain a Massachusetts Department of Labor Standards-licensed asbestos contractor to cleanup and decontaminate the cafeteria, the roll-off and all affected parts of the facility.

MassDEP regulations require asbestos-containing materials to be removed wet, and to be sealed while wet into leak-tight containers with appropriate warning labels. Areas where asbestos removal will occur must be sealed off and air filtration equipment must be operated during the abatement work. These requirements are designed to prevent a release of asbestos fibers to the environment, to protect building occupants and the general public from exposure to asbestos fibers, and to preclude other parts of the building from becoming contaminated. Notification is required 10 working days prior to commencing any asbestos removal work so that MassDEP is aware of the removal work and has the opportunity to conduct inspections to ensure compliance with the regulations.

UMass Memorial Realty must pay $15,000 of the penalty, with the remainder suspended for a year as long as they remain in compliance with the regulations.

“Prior to commencing any demolition or renovation activity, property owners must identify asbestos-containing materials so they can be properly removed and handled in accordance with the regulations. Asbestos is a known carcinogen, and following required work practices is imperative to protect workers, as well as the general public,” said MaryJude Pigsley, director of MassDEP’s Central Regional Office in Worcester. “Failure to do so will result in penalties, as well as escalated cleanup, decontamination and monitoring costs.”

Property owners or contractors with questions about asbestos-containing materials; notification requirements; proper removal, handling, packaging, storage and disposal procedures; or the asbestos regulations are encouraged to contact the appropriate MassDEP Regional Office for assistance.

Crescent Builders Inc. Assessed $8,000 Penalty for Violating MassDEP Solid Waste Regulations

Crescent Builders, Inc., of Shrewsbury has been assessed an $8,000 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for burying solid waste at 223 Prescott Street in West Boylston, where single-family homes were under construction. Crescent Builders had not obtained a site assignment from the West Boylston Board of Health or a permit from MassDEP to operate as a solid waste facility at that location.

On August 5, 2014, a MassDEP inspector responding to a complaint of solid waste burial identified a suspect area where the surficial material had been disturbed. On August 15 and October 20, 2014 Crescent Builders excavated the suspect area under the direction of MassDEP. The excavated material, consisting of fill-soil mixed with solid wastes such as concrete blocks, tree stumps, wood demolition and architectural debris, was subsequently disposed of properly.

In a recent consent order, Crescent Builders agreed to pay the penalty and comply with appropriate regulations going forward.

“Business owners must be fully aware of their responsibilities under Commonwealth regulations to obtain appropriate local and state approvals before managing solid wastes” said John Kronopolus, deputy regional director of MassDEP’s Central Regional Office in Worcester. “Failure to do so will result in significant penalty exposure. In this case, the company quickly provided the equipment and an operator to excavate the solid wastes and correct the violation.”

Tesoro Corp. Fined $1 Million for Violating California’s Gasoline Regulations

The California Air Resources Board recently announced that Tesoro Corp., has paid $1,014,000 in penalties for violations of California’s reformulated gasoline regulations.

Tesoro supplied gasoline in violation of state regulations from two Tesoro refineries and one terminal for a period of 52 violation days. Tesoro is the second-largest independent refining and marketing company in the Western US.

“ARB enforcement teams are working on a daily basis to enforce regulations adopted to protect public health,” ARB Enforcement Chief Todd Sax said. “Our investigation revealed that Tesoro was violating California’s fuel requirements, and this agreement helps ensure these types of violations will not occur in the future. We expect all companies that supply fuel in California to meet our fuel requirements that help protect Californians from lung-damaging ozone and airborne toxic chemicals that can cause cancer.”

In all there were four separate violations by Tesoro. In three cases, Tesoro sold, offered for sale, supplied or offered for supply California gasoline which had either a sulfur content, aromatics content or olefin content exceeding specified limits. All three—sulfur and the two hydrocarbon compounds—contribute to air pollution, and in each of these cases the violating fuel got into the marketplace. ARB inspectors discovered the three exceedances during a routine sampling inspection. Tesoro cited problems related to its laboratory and said that changes were made to its laboratory procedures to prevent similar violations in the future.

In the fourth incident, at Kinder Morgan’s Concord Terminal, Tesoro incorrectly combined conventional gasoline and CARBOB, or the California Reformulated Gasoline Blendstock for Oxygenate Blending. CARBOB is the “blendstock” form of gasoline before an oxygenate, such as ethanol, is added to it to make finished gasoline found at gas stations. Tesoro self-disclosed the violation, citing operator error. None of that fuel ever entered the marketplace.

Tesoro fully cooperated with ARB in this matter and took diligent steps to comply, reduce the number of days of violation and prevent recurrence of similar situations. Of the approximately $1 million in penalties, $760,500 will go to the California Air Pollution Control Fund and $253,500 will go to fund the retrofit of California school buses with diesel particulate filters.

K&N Engineering Inc. Fined $521,000 for Offering Illegal Aftermarket Parts for Sale in California

The California Air Resources Board recently announced that K&N Engineering, Inc., has agreed to a settlement totaling $521,000 to resolve violations of the California Health and Safety Code related to the advertising and sales of illegal aftermarket performance parts in California.

Air Resources Board investigators discovered that K&N Engineering, based in Riverside, California, sold performance parts that had not received exemptions from California’s emissions control system anti-tampering laws. California law prohibits the advertising, sales or installation of parts that modify vehicle emissions control systems unless they are proven to not reduce their effectiveness. Manufacturers of aftermarket and performance parts must follow a process to receive an Executive Order exemption where they prove that the parts do not reduce the effectiveness of these systems.

“The backbone of California’s clean air efforts is maintaining the integrity of emissions control systems on the millions of vehicles that travel our highways each day,” said ARB Enforcement Chief Todd Sax. “We treat seriously any manufacturer’s failure to show that their performance products do not harm the emissions reductions capabilities built into all newer cars.”

This settlement covers the illegal marketing and sales of performance parts in California by K&N from mid-2010 to mid-2013. The settlement of $390,750 will be paid to the California Air Pollution Control Fund, which supports efforts to decrease air pollution through education and the adoption of cleaner technologies. The remaining $130,250 of the settlement will be directed to the San Joaquin Valley Air Pollution Control District, which administers a program to clean up school bus fleets throughout the state.

Modified vehicles that no longer meet California’s emission requirements pose a significant health threat to California residents. They create higher amounts of smog-forming pollutants, which can lead to increased respiratory and cardiovascular hospitalizations and premature deaths for adults. They can also lead to more emergency room visits for children with asthma.

International Report Confirms: 2014 was Earth’s Warmest Year on Record

In 2014, the most essential indicators of Earth’s changing climate continued to reflect trends of a warming planet, with several markers such as rising land and ocean temperature, sea levels, and greenhouse gases (GHGs) setting new records.It provides a detailed update on global climate indicators, notable weather events, and other data collected by environmental monitoring stations and instruments located on land, water, ice, and in space.

“This report represents data from around the globe, from hundreds of scientists and gives us a picture of what happened in 2014. The variety of indicators shows us how our climate is changing, not just in temperature but from the depths of the oceans to the outer atmosphere,” said Thomas R. Karl, L.H.D, Director, NOAA National Centers for Environmental Information.

The report’s climate indicators show patterns, changes, and trends of the global climate system. Examples of the indicators include various types of GHGs; temperatures throughout the atmosphere, ocean, and land; cloud cover; sea level; ocean salinity; sea ice extent; and snow cover. The indicators often reflect many thousands of measurements from multiple independent datasets.

“This is the 25th report in this important annual series, as well as the 20^th report that has been produced for publication in BAMS,” said Keith Seitter, AMS Executive Director. “Over the years we have seen clearly the value of careful and consistent monitoring of our climate which allows us to document real changes occurring in the Earth’s climate system.”

Key highlights from the report include:

• GHGs continued to climb: Major GHG concentrations, including carbon dioxide, methane, and nitrous oxide, continued to rise during 2014, once again reaching historic high values. Atmospheric CO₂ concentrations increased by 1.9 ppm in 2014, reaching a global average of 397.2 ppm for the year. This compares with a global average of 354.0 in 1990 when this report was first published just 25 years ago.
• Record temperatures observed near the Earth’s surface: Four independent global datasets showed that 2014 was the warmest year on record. The warmth was widespread across land areas. Europe experienced its warmest year on record, with more than 20 countries exceeding their previous records. Africa had above-average temperatures across most of the continent throughout 2014, Australia saw its third warmest year on record, Mexico had its warmest year on record, and Argentina and Uruguay each had their second warmest year on record. Eastern North America was the only major region to experience below-average annual temperatures.
• Tropical Pacific Ocean moves towards El Ni?o–Southern Oscillation conditions: The El Ni?o–Southern Oscillation was in a neutral state during 2014, although it was on the cool side of neutral at the beginning of the year and approached warm El Ni?o conditions by the end of the year. This pattern played a major role in several regional climate outcomes.
• Sea surface temperatures were record high: The globally averaged sea surface temperature was the highest on record. The warmth was particularly notable in the North Pacific Ocean, where temperatures are in part likely driven by a transition of the Pacific decadal oscillation—a recurring pattern of ocean-atmosphere climate variability centered in the region.
• Global upper ocean heat content was record high: Globally, upper ocean heat content reached a record high for the year, reflecting the continuing accumulation of thermal energy in the upper layer of the oceans. Oceans absorb over 90% of Earth’s excess heat from GHG forcing.
• Global sea level was record high: Global average sea level rose to a record high in 2014. This keeps pace with the 3.2 ± 0.4 mm per year trend in sea level growth observed over the past two decades.
• The Arctic continued to warm; sea ice extent remained low: The Arctic experienced its fourth warmest year since records began in the early 20^th century. Arctic snow melt occurred 20–30 days earlier than the 1998–2010 average. On the North Slope of Alaska, record high temperatures at 20-meter depth were measured at four of five permafrost observatories. The Arctic minimum sea ice extent reached 1.94 million square miles on September 17, the sixth lowest since satellite observations began in 1979. The eight lowest minimum sea ice extents during this period have occurred in the last eight years.
• The Antarctic showed highly variable temperature patterns; sea ice extent reached record high: Temperature patterns across the Antarctic showed strong seasonal and regional patterns of warmer-than-normal and cooler-than-normal conditions, resulting in near-average conditions for the year for the continent as a whole. The Antarctic maximum sea ice extent reached a record high of 7.78 million square miles on September 20. This is 220,000 square miles more than the previous record of 7.56 million square miles that occurred in 2013. This was the third consecutive year of record maximum sea ice extent.
• Tropical cyclones above average overall: There were 91 tropical cyclones in 2014, well above the 1981–2010 average of 82 storms. The 22 named storms in the Eastern/Central Pacific were the most to occur in the basin since 1992. Similar to 2013, the North Atlantic season was quieter than most years of the last two decades with respect to the number of storms.

The State of the Climate in 2014 is the 25^th edition in a peer-reviewed series published annually as a special supplement to the Bulletin of the American Meteorological Society.

EPA Honors Winners of the 20th Annual Presidential Green Chemistry Challenge Awards

“From academia to business, we congratulate those who bring innovative solutions that will help solve some of the most critical environmental problems,” said Jim Jones, EPA’s Assistant Administrator for Chemical Safety and Pollution Prevention. “These innovations reduce the use of energy, hazardous chemicals and water, while cutting manufacturing costs and sparking investments. In some cases they turn pollution into useful products. Ultimately, these manufacturing processes and products are safer for people’s health and the environment. We will continue to work with the 2015 winners as their technologies are adopted in the marketplace.”

The winners and their innovative technologies are:

• Algenol in Fort Myers, Florida, is being recognized for developing a blue-green algae to produce ethanol and other fuels. The algae uses CO₂ from air or industrial emitters with sunlight and saltwater to create fuel while dramatically reducing the carbon footprint, costs and water usage, with no reliance on food crops as feedstocks. This is a win-win for the company, the public, and the environment. It has the potential to revolutionize this industry and reduce the carbon footprint of fuel production.
• Hybrid Coating Technologies/Nanotech Industries of Daly City, California, is being recognized for developing a safer, plant-based polyurethane for use on floors, furniture and in foam insulation. The technology eliminates the use of isocyanates, the number one cause of workplace asthma. This is already in production, is reducing VOC’s and costs, and is safer for people and the environment.
• LanzaTech in Skokie, Illinois, is being recognized for the development of a process that uses waste gas to produce fuels and chemicals, reducing companies’ carbon footprint. LanzaTech has partnered with Global Fortune 500 Companies and others to use this technology, including facilities that can each produce 100,000 gallons per year of ethanol, and a number of chemical ingredients for the manufacture of plastics. This technology is already a proven winner and has enormous potential for American industry.
• SOLTEX (Synthetic Oils and Lubricants of Texas) in Houston, Texas, is being recognized for developing a new chemical reaction process that eliminates the use of water and reduces hazardous chemicals in the production of additives for lubricants and gasoline. If widely used, this technology has the potential to eliminate millions of gallons of wastewater per year and reduce the use of a hazardous chemical by 50%.
• Renmatix in King of Prussia, Pennsylvania, is being recognized for developing a process using supercritical water to more cost effectively break down plant material into sugars used as building blocks for renewable chemicals and fuels. This innovative low-cost process could result in a sizeable increase in the production of plant-based chemicals and fuels, and reduce the dependence on petroleum fuels.
• Professor Eugene Chen of Colorado State University is being recognized for developing a process that uses plant-based materials in the production of renewable chemicals and liquid fuels. This new technology is waste-free and metal-free. It offers significant potential for the production of renewable chemicals, fuels, and bioplastics that can be used in a wide range of safer industrial and consumer products.

During the 20 years of the program, EPA has received more than 1500 nominations and presented awards to 104 technologies. Winning technologies are responsible for annually reducing the use or generation of more than 826 million lb of hazardous chemicals, saving 21 billion gallons of water, and eliminating 7.8 billion lb of carbon dioxide equivalent releases to air.

An independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute formally judged the 2015 submissions from among scores of nominated technologies and made recommendations to EPA for the 2015 winners. The 2015 awards event will be held in conjunction with the 2015 Green Chemistry and Engineering Conference.

White House, EPA Honor Environmental Education Award Winners