DOT Issues Lithium Battery Safety Advisory

The Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Aviation Administration (FAA), published the advisory to highlight recent aviation incidents involving lithium batteries, outline the current regulatory requirements for the safe transportation of lithium batteries, and announce that the two agencies are stepping up enforcement of the safety standards. The agencies are particularly concerned with undeclared shipments of lithium batteries and in bringing enforcement action against those responsible for offering them in transportation.

“This advisory puts all shippers on notice that non-compliance with the safety regulations is not acceptable,” said Secretary Ray LaHood. “I have asked the department’s enforcement personnel to increase their inspections and step up enforcement where necessary.”

Since 1991, more than 40 air transport-related incidents involving lithium batteries and devices powered by lithium batteries have been identified. Many of these incidents were directly related to the lack of awareness of the regulations, risks, and required safety measures applicable to the shipment of lithium batteries.

DOT Authorizes Use of International Shipping Names for Lithium Batteries

PHMSA will consider adopting these alternate shipping descriptions into the Hazardous Materials Regulations at a future date.

The international shipping names now authorized for use include:

• Lithium ion batteries, including lithium ion polymer batteries, UN 3480
• Lithium metal batteries, including lithium alloy batteries, UN 3090
• Lithium metal batteries, contained in equipment, including lithium ion polymer batteries, UN 3481
• Lithium metal batteries, contained in equipment, including lithium alloy batteries, UN 3090
• Lithium metal batteries, packed with equipment, including lithium ion polymer batteries, UN 3481
• Lithium metal batteries, packed with equipment, including lithium alloy batteries, UN 3091

EPA Promotes Flexible Air Permitting

EPA has revised the regulations governing State and Federal operating permit programs required by Title V of the Clean Air Act (CAA). T

The revisions to the Title V regulations consist of adding definitions for alternative operating scenario (AOS) and approved replicable methodology (ARM), and codifying some clarifications to existing provisions. These revisions are intended to clarify and reaffirm opportunities for accessing operational flexibility under existing regulations. EPA is not finalizing any revisions to the existing minor or major New Source Review (NSR) regulations. In particular, EPA is withdrawing the portion of the proposed rule which relates to Green Groups and their potential inclusion in NSR programs required by parts C and D of Title I of the CAA. Instead, EPA is encouraging States and others to investigate flexibilities currently available under the major NSR regulations.

The final rule is effective on November 5, 2009.

EPA Extends Comment Period on National Ambient Air Quality Standards for Particulate Matter

EPA has announced an extension of the public comment period for two draft assessment documents titled:

• Risk Assessment to Support the Review of the Particulate Matter Primary National Ambient Air Quality Standards—External Review Draft, and
• Particulate Matter Urban-Focused Visibility Assessment—External Review Draft

The announcement of the initial public comment period was published in the Federal Register on September 10, 2009 .

The extended comment period will close on November 9, 2009, rather than ending on October 15, 2009, as originally scheduled. 

EPA Asked to Lower Lead Dust Standards and Modify Definition of Lead-based Paint

EPA must either grant or deny a TSCA Section 21 petition within 90 days of filing. EPA is requesting the submission of public comments on issues raised by the petition.

Comments must be received on or before October 21, 2009. 

Light-Duty Vehicle Greenhouse Gas Emission and Corporate Average Fuel Economy Standards Hearings

 This joint proposed rulemaking is consistent with the National Fuel Efficiency Policy announced by President Obama on May 19, 2009, responding to the country’s critical need to address global climate change and to reduce oil consumption.

As described in the joint proposed rule, EPA is proposing greenhouse gas emissions standards under the CAA, and NHTSA is proposing Corporate Average Fuel Economy standards under the Energy Policy and Conservation Act, as amended. These standards apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, covering model years 2012 through 2016, and represent a harmonized and consistent National Program. The joint proposed rule provides the dates, times, cities, instructions, and other information for the public hearings and these details have not changed.

The three public hearings will be held on the following dates: October 21, 2009, in Detroit, Michigan; October 23, 2009 in New York, New York; and October 27, 2009 in Los Angeles, California. The hearings will start at 9 a.m. local time and will continue until everyone has had a chance to speak.

EPA to Reconsider Pollutants Covered by the Federal PSD Permit Program

EPA stated that in a December 18, 2008 memorandum, EPA established an interpretation of the regulatory phrase “subject to regulation” that is applied to determine the pollutants subject to the federal PSD program under the CAA. On February 17, 2009, the EPA Administrator granted a petition for reconsideration of the regulatory interpretation in the memorandum. However, the Administrator did not grant a request to stay the memorandum, so the interpretation remains in effect for the federal PSD program pending completion of this reconsideration action.

EPA is granting the reconsideration by discussing and requesting public comment on various interpretations of the regulatory phrase “subject to regulation.” 

The regulatory section affected by the proposed changes is 40 CFR 52. EPA is also accepting comments on related issues and other interpretations that could influence this reconsideration. regarding the proposed rule.

EPA Grants Indiana the Ability to Extend the Permit Terms of Air Quality Implementation Plans for Federally Enforceable State Operating Permits

EPA has approved Indiana’s rule revision to extend the permit terms for the renewal of Federally Enforceable State Operating Permits (FESOPs) from five years to ten years. FESOPs enable non-major sources to obtain federally enforceable limits that keep them below certain CAA applicability thresholds. Indiana submitted their proposed rule revision for approval on December 19, 2007.

EPA published proposed and direct final approvals of this request on May 5, 2009. 

EPA Names WaterSense Partners of the Year

EPA has named five of them as the 2009 WaterSense Partners of the Year. The following utilities, manufacturer, retailer, and individual were recognized for their extraordinary efforts promoting WaterSense in 2008:

• Promotional Partners of the Year:
• Cobb County Water System, Marietta, Georgia (large utility)
• James City Service Authority, Williamsburg, Virginia (small utility)
• Manufacturer Partner of the Year: Kohler Co., Kohler, Wisconsin
• Retailer Partner of the Year: Lowe’s Companies, Inc., Mooresville, North Carolina
• Irrigation Partner of the Year: Brian Vinchesi, Pepperell, Massachusetts

Following are just a few ways these partners have worked to save water for future generations:

• Cobb County Water System worked with Kohler, Lowe’s, and other WaterSense partners to promote the state of Georgia’s first sales tax holiday on WaterSense labeled products.
• Kohler earned the WaterSense label on 40% of its faucets and 25% of its toilets. They used mobile restrooms to showcase these products at events nationwide.
• Lowe’s, one of the largest home improvement retailers in North America, trained more than 200,000 employees to promote WaterSense to customers at 1,650 stores and has demonstrated that increasing the percentage of WaterSense labeled products they sell is a top priority.
• James City Service Authority helped consumers in coastal Virginia save water and money through collaboration with local citizen coalitions to encourage local plumbers and retailers to provide discounts on the sale and installation of WaterSense labeled toilets in addition to offering rebates on WaterSense labeled products.
• Certified irrigation professional Brian Vinchesi champions water-efficient landscapes as a WaterSense irrigation partner and president of Irrigation Consulting, Inc.

“Our partners have demonstrated how collaboration and commitment to water efficiency can result in major savings for Americans,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “By working together to promote WaterSense labeled products and other water-efficient behaviors, they are helping Americans save tremendously on water, energy and money on their utility bills.”

Mosaic Fertilizer Will Spend $30 Million on Air Pollution Controls and $2.4 Million in Fines for Clean Air Violations

The Justice Department and EPA have announced that Mosaic Fertilizer will spend approximately $30 million on air pollution controls that are expected to eliminate harmful emissions from sulfuric acid production plants in Uncle Sam, Louisiana, and Mulberry, Florida. The company will also pay a civil penalty of $2.4 million to resolve alleged CAA violations.

Under a settlement filed in federal court in New Orleans, Mosaic will install state-of-the-art pollution control equipment, upgrade existing controls, and make multiple modifications to its operating procedures to meet new, lower sulfur dioxide emission limits at its Uncle Sam facility. In addition, Mosaic agreed that it will permanently cease sulfuric acid production at its Mulberry sulfuric acid plant in Bartow, Florida. It also will not use the emission reduction credits associated with that shut down to enable increased emissions at other facilities. These measures are expected to eliminate more than 7,600 tons of sulfur dioxide emitted annually from the two plants.

This settlement represents another important step by EPA as we address non-compliance with the CAA by sulfuric acid manufacturers,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “The more than 7,000 tons per year of sulfur dioxide reductions secured by this settlement will produce significant and measurable public health benefits for downwind communities.”

“We are pleased to reach this agreement which will bring Mosaic into compliance with the law and have a meaningful effect on the environment and community,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.

The government’s complaint, filed concurrently with the consent decree, alleged that Mosaic made modifications to its Uncle Sam facility that increased emissions of sulfur dioxide without first obtaining pre-construction permits and installing required pollution control equipment. The CAA requires major sources of air pollution to obtain these types of permits before making changes that would result in a significant emissions increase of any pollutant. The government discovered the modifications through a request for information to the company.

Mosaic Fertilizer, based in Plymouth, Minnesota, is a subsidiary of the Mosaic Company, one of the world’s largest producers of concentrated phosphate and potash. Mosaic produces sulfuric acid and combines it with phosphate rock to produce phosphoric acid, which in turn is combined with ammonia to produce fertilizer. Sulfuric acid production results in emissions of sulfur dioxide.

High levels of sulfur dioxide cause respiratory problems and contribute to childhood asthma. Sulfur dioxide also contributes to acid rain, haze, and impairs visibility in national parks. Emissions from sulfuric acid plants can be carried significant distances downwind, causing air quality problems in nearby states.

This settlement is the sixth nationwide compliance agreement in a CAA initiative to improve compliance among acid production manufacturers. Earlier this year, settlements were announced with Chemtrade Logistics, Chemtrade Refinery Services, and Marsulex. Under all of the acid plant settlements to date, the companies are expected to spend a combined total of about $254 million on pollution control technology, remit almost $12 million in penalties, and eliminate approximately 44,340 tons of sulfur dioxide emissions per year.

The state of Louisiana joined the federal government in the complaint and settlement against Mosaic, and will receive $600,000 of the penalty.

EPA Lists 31 Areas Violating Fine Particle Air Pollution Requirements

EPA has designated 31 areas as not meeting the agency’s daily standards for fine particle air pollution (PM 2.5), or particulate matter. Particulate matter, which is emitted by power plants, factories, and motor vehicles, can cause a number of serious health problems including aggravated asthma, increased hospital admissions and emergency room visits, heart attacks, and premature death. These areas, made up of 120 full or partial counties, were designated as “nonattainment” because their 2006 to 2008 air quality monitoring data showed that they did not meet EPA’s health-based standards.

In December 2008, after closely reviewing recommendations from states and tribes along with public comments, EPA identified attainment and nonattainment areas based on air quality monitoring data from 2005 through 2007. The December 2008 designations were never published in the Federal Register and have been under review. Because the 2008 air quality data is the most recent, EPA used this data to make final designations.

Using the 2006 to 2008 data, 91 U.S. counties that were identified as nonattainment in December 2008 are now meeting the standards. The new data also showed that four new counties in three states are violating the daily PM 2.5 standards, the annual PM 2.5 standards, or both. EPA will work with these four counties to evaluate air monitoring data and other factors to make final designations by early 2010.

Nonattainment areas include counties with monitors showing violations of the standards and the nearby areas that also contribute to that violation. Affected states and tribes will be required to take steps to reduce the pollution that forms fine particles. The majority of U.S. counties and tribal lands are meeting these standards, but will need to continue working to maintain clean air.

In 2006, EPA strengthened the 24-hour fine particle standards from 65 micrograms per cubic meter to 35 micrograms per cubic meter of air to protect public health. Nationwide, monitored levels of fine particle pollution fell 19 percent from 2000 to 2008. Fine particles can either be emitted directly from power plants, factories, and motor vehicles, particularly diesel trucks and buses, or they can form in the atmosphere from reactions of sulfur dioxide and nitrogen oxides.

Three Oil and Gas Companies Fined $680,000 for Storm Water Discharge Violations in Colorado

The Water Quality Control Division of the Colorado Department of Public Health and Environment has reached penalty settlements totaling $680,000 with three oil and gas companies regarding storm water violations on the Roan Plateau near the town of Parachute, Colorado. In 2006 and 2007, the three companies, Enterprise Products Operating LLC, Marathon Oil Company, and Berry Petroleum Company began construction activities associated with oil and gas exploration and production on the Roan Plateau.

On April 15, 2008, Colorado’s Attorney General John Suthers, on behalf of the department, filed a complaint for injunction and penalties and requested the state District Court to issue a temporary restraining order against the companies for failing to control construction-related storm water runoff in waterways north of the town of Parachute. The uncontrolled discharges were to Corral Gulch, Garden Gulch, and Parachute Creek, which are state-regulated waters.

While the companies did obtain storm water discharge permits for the construction activities, they did not meet the permit requirements for implementing best management practices for storm water pollution prevention, nor for the development of functional and effective storm water management plans. The oil companies have agreed to expeditiously implement proper storm water management systems for their operations.

Under terms of the settlements, the following civil penalties will be paid to the Colorado Department of Public Health and Environment and deposited into the state Water Quality Improvement Fund:

• Berry Petroleum Company, $150,000
• Enterprise Products Operating LLC, $182,000
• Marathon Oil Company, $98,000

These penalty monies will be used to provide grants for the improvement of water quality in the impacted communities; for the planning, design, and construction of storm water and domestic wastewater treatment facilities; and for non-federal matching funds for non-point source projects.

In addition, Berry Petroleum Company has agreed to donate a total of $250,000 to help fund two USGS Water Resource Assessment projects.

Senesco Marine, LLC Fined $224,000 for Clean Air Violations

Senesco Marine, LLC, which operates a shipbuilding and ship repair facility in North Kingstown, Rhode Island, will pay a $224,000 penalty to resolve EPA claims that the company violated both federal and state clean air regulations. Senesco constructed its facility without first applying for and obtaining a New Source Review permit to regulate emissions of volatile organic compounds (VOCs). Senesco also violated Title V operating permit requirements under the federal CAA, by failing to apply for a Title V permit despite having potential xylene emissions greater than 10 tons per year.

Senesco also violated the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Shipbuilding and Ship Repair Facilities, by failing to keep required records of paint usage, and failing to submit notifications and reports to state and federal officials.

Senesco builds double-hulled petroleum barges and tug boats and conducts ship repairs on-site making use of a six-acre yard, a floating dry dock, and a 1,200 foot pier. Future compliance with clean air standards will help reduce health risks for Senesco employees and the public generally.

To address the violations identified by EPA, Senesco has submitted a plan to EPA and the Rhode Island Department of Environmental Management (RI DEM) outlining how it will comply with the NESHAP. Senesco has since obtained its new source review permit from and submitted a Title V permit application to RI DEM.

Four Marine Companies at the Port of Los Angeles Facing Fines up to $177,500 for Storm Water Violations

EPA has filed administrative complaints against San Pedro Forklift, Marine Technical Services, Eagle Marine Services, Ltd., and American Marine Corporation for violations of the Clean Water Act (CWA). All four facilities are tenants of the Port of Los Angeles. 

The violations committed by the four firms included:

• Discharging pollutants in storm water without a storm water permit or not in compliance with a storm water permit;
• Failing to develop and implement an adequate storm water pollution prevention plan, which identifies sources of industrial storm water pollution and how the firm intends to manage them;
• Failing to develop a site-specific written monitoring plan; and
• Failing to use best management practices to prevent and minimize pollutants from entering storm water.

“Marine industries are responsible for managing their operations to protect the harbor and beaches from industrial runoff,” said Alexis Strauss, Water Division director for the EPA’s Pacific Southwest region. “EPA will continue to ensure that facilities hold the proper permits and implement required water pollution control measures.”

Polluted runoff is a major cause of water pollution that can carry pollutants, such as metals, oil and grease, acidic wastewater, bacteria, trash, and other toxic pollutants from industrial sources into nearby water sources. The EPA requires industrial facilities to prevent water pollution by complying with federal and state water pollution requirements.

This action is part of a comprehensive effort to ensure that ports, as well as their tenants, comply with storm water requirements. The EPA and the Los Angeles Regional Quality Control Board conducted a storm water audit of the Ports of Los Angeles and Long Beach in May 2007, and issued 20 administrative orders to the Ports’ tenants in November 2007, including these four firms.

The Ports of Los Angeles and Long Beach have taken positive steps to address the conclusions of EPA’s audit in their recently approved Water Resources Action Plan (WRAP). The WRAP includes the framework and mechanisms for compliance with storm water permits issued to the Ports, their tenants, and the cities of Los Angeles and Long Beach.

The federal CWA requires that municipal and many industrial facilities that discharge pollutants directly from a point source into a waterway obtain a National Pollutant Discharge Elimination System (NPDES) permit.

EPA has also supported the Ports’ development of a Clean Air Action Plan that seeks to reduce emissions of diesel particulates, nitrogen oxides, and sulfur oxides from port-related sources by nearly 50% by 2011.

Additionally, in a separate notice, the California Air Resources Board (ARB) has announced that Eagle Marine Services has been fined $35,625 for air emissions violations during 2007 and 2008.

An ARB investigation showed Eagle Marine failed to properly report its diesel-powered cargo handling equipment fleet at the Port of Oakland and the Port of Los Angeles terminals. The regulation calls for 2006 or older engine serial numbers to be reported to the ARB. Eagle Marine Services reported the equipment numbers as serial numbers. 

Sandvik Inc. to Pay $160,017 Penalty to Settle Hazardous Waste Violations in Pennsylvania

Sandvik Inc., has agreed to pay a $160,017 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in Clark Summit, Pennsylvania. The alleged violations included operating a hazardous waste storage facility without a permit, failure to conduct weekly and daily inspections, failure to keep one container of hazardous waste closed, and failure to provide an adequate hazardous waste management training program.

As part of the settlement, Sandvik has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

Draper Energy Co. and Energy North Inc. Fined $177,500 for Oil Spill and Failing to Implement SPCC Plan

Draper Energy Co., Inc., of New Hampshire and Energy North Inc., (ENI), of Massachusetts, face a combined penalty of up to $177,500 for violations of the CWA resulting from a March 2009 oil spill in the Souhegan River. A recent EPA complaint against Draper and ENI asserts that the companies failed to fully implement an oil spill prevention plan, as required by the CWA. Draper is currently the owner and ENI is the operator of the facility at which the violations occurred.

The complaint alleges that a facility owned by Draper and operated by ENI, located in Milford, New Hampshire, illegally discharged over 1,500 gallons of diesel oil into the nearby Souhegan River. The spill resulted from a ruptured pipe connecting an above ground storage tank of diesel to a pump. The automatic discharge alarm failed to alert anyone of the discharge and the oil flowed into the soil beneath the pump, into a culvert that runs beneath the facility, and finally into the Souhegan River, which in turn connects to the Merrimack River and eventually to the Atlantic Ocean.

Because of the alarm failure, the oil was released for almost three days before neighboring businesses noticed a strong smell and an oil sheen on the water up to ten miles downstream in the Souhegan River. Once the spill was realized, there was a prompt emergency response from the local fire department, the New Hampshire Department of Environmental Services (NH DES), and EPA. Both Draper and ENI cooperated with NH DES and EPA in cleaning up the spill.

Approximately two weeks later, EPA conducted an inspection at the facility and found that they had prepared but not fully implemented a Spill Prevention, Control, and Countermeasure (SPCC) plan, as required by the CWA. SPCC plans specify spill prevention and response measures at facilities that store oil above certain threshold amounts to help ensure that a tank failure or oil spill does not lead to oil reaching bodies of water.

Sunoco to Pay $148,315 to Settle Hazardous Waste Violations

Sunoco, Inc., (R&M), has agreed to pay a $148,315 civil penalty to settle alleged violations of hazardous waste regulations at its refinery in Marcus Hook, Pennsylvania. Following an August 2008 inspection by EPA, and follow-up investigations, EPA cited Sunoco for RCRA violations involving a variety of hazardous waste stored at the facility, including mixed refinery wastes, lab wastes, and used lamps.

The alleged violations include:

• Operating unpermitted areas at a hazardous waste storage facility without a permit or interim status;
• Failure to keep containers closed except when adding or removing hazardous waste;
• Failure to clearly mark containers in permitted areas with the contents of container;
• Failure to clearly mark containers in permitted areas with dates that containers began accumulating waste;
• Failure to operate the facility in a manner that prevents or minimizes releases;
• Failure to operate the permitted storage area free of cracks or gaps;
• Failure to store containers of hazardous waste in a proper configuration with aisle spacing to allow for safe management, inspections, and emergency response;
• Failure to keep universal waste lamps in closed containers;
• Failure to clearly label or mark containers of universal waste lamps;
• Failure to submit an exception report;
• Failure to make a hazardous waste determination; and
• Failure to list the proper waste code on the manifest.

As part of the settlement, Sunoco has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

Rust-Oleum Corporation Fined $147,306 for Hazardous Waste Violations at Maryland Facility

Rust-Oleum Corporation of Vernon Hills, Illinois, has agreed to pay a $147,306 civil penalty to settle alleged violations of hazardous waste regulations at its facility located in Williamsport, Maryland. Following a May 2008 inspection, EPA cited Rust-Oleum for violations involving hazardous waste stored at the facility, including waste paint and fluorescent lamps containing mercury and other hazardous waste materials.

The alleged violations:

• Operating a hazardous waste storage facility without a permit,
• Failure to conduct weekly inspections,
• Failure to keep containers of hazardous waste closed,
• Failure to obtain written structural integrity assessment for a new tank system,
• Failure to inspect daily a secondary containment system,
• Failure to adequately place identification marks on equipment,
• Failure to monitor pumps weekly for leaks,
• Failure to monitor valves for leaks,
• Failure to keep required records, and
• Failure to inspect solvent waste tank system annually.

As part of the settlement, Rust-Oleum has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

Ulbrich Delta LLC to Pay $88,500 Penalty for Hazardous Waste Violations

Following a September 2008 inspection, EPA cited Ulbrich Delta for RCRA violations including operating a hazardous waste storage facility without a permit, failure to keep containers closed when not adding or removing waste, failure to conduct weekly inspections, failure to adequately train all facility personnel involved in the management of hazardous waste, and failure to store containers of hazardous waste in a proper configuration with aisle spacing to allow for inspections and emergency response.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter. As part of the settlement, Ulbrich Delta has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

Three Connecticut Companies Face Penalties Up to $31,340 for EPCRA Violations

Three Connecticut companies are facing fines for hazardous chemical reporting violations of the federal Emergency Planning and Community Right-to-Know Act . EPA’s complaints are against the Sousa Corporation (a metal heat treating facility), the Jelliff Corporation (a manufacturer of woven wire products), and Superior Printing Ink Co., Inc., (an ink manufacturer), for alleged failure to provide local and state emergency responders with important information about the large amounts of hazardous substances that the companies use and store at their facilities.

Based on an inspection conducted in May 2008, EPA determined that the Sousa Corporation, of West Hartford, failed to file a Tier II form for the 2007 reporting year for anhydrous ammonia and quench oil. Sousa faces a penalty of $13,700 for the one-year violation.

A May 2008 inspection revealed that the Jelliff Corporation, of Southport, also failed to file a Tier II form for calendar year 2007 for fuel oil and anhydrous ammonia. Jelliff faces a penalty of $11,115 for the one-year violation.

In July 2008, EPA conducted an inspection revealing that Superior Printing Ink Co., Inc., of Hamden, failed to file a Tier II form for three calendar years—2004, 2005, and 2006—for sulfuric acid and a number of hazardous ink components. Superior faces a penalty of $31,340 for the three violations.

EPA Fines Metal Recycling Systems $30,000 for Stratospheric Ozone Violations

EPA Region 5 has reached an agreement with Metal Recycling Systems Inc., on alleged CAA violations at the company’s scrap recycling facility in Blue Island, Illinois. The settlement includes a $30,000 penalty and the requirement for an environmental project which will cost $30,000. The settlement resolves EPA allegations that Metal Recycling Systems failed to comply with EPA regulations designed to protect the stratospheric ozone layer.

In March 2008, EPA cited Metal Recycling Systems for failing to recover or to verify recovery of ozone-depleting refrigerants from small appliances that it accepted and processed at its facility. EPA discovered the violations during a January 2008 facility inspection and a subsequent request for information.

For its environmental project, Metal Recycling Systems will undertake a one-year program called an Intact Appliance Pilot Program. To carry out the program, the company will offer an increased price for intact appliances as an incentive to its customers not to cut appliance refrigerant lines and unnecessarily and illegally bleed refrigerant. Metal Recycling Systems will use its refrigerant recovery equipment to properly collect refrigerant from the appliances it accepts and track the number of appliances processed through the program.

Chlorofluorocarbon refrigerants and certain substitute refrigerants deplete the stratospheric, or good, ozone layer allowing dangerous amounts of cancer-causing ultraviolet rays from the sun to strike the earth. Production of some of these chemical was stopped in 1995, and federal law strictly controls their use and handling.

Pappas & Co. Fined $23,000 for Failing to Submit and Update Federal Risk Management Plans

EPA has fined Pappas & Co., $23,000 for failing to submit and update federal risk management plans (RMP), a violation of the nation’s CAA, due to its anhydrous ammonia process for two of its produce packing facilities in Mendota, California.

Pappas & Co., submitted an RMP three years after bringing in more than 10,000 pounds of anhydrous ammonia onto its facility located at 1431 Lyons Ave. The company also failed to submit an updated RMP, which is due every five years, for its 181 Naples Street location.

“It is crucial for companies to provide the EPA with these risk management plans in a timely manner,” said Daniel Meer, assistant director for the Pacific Southwest region’s Superfund program. “These plans are designed to guarantee that businesses do their part to safeguard the environment and impacted communities.”

In addition to the fine, Pappas & Co., will spend approximately $8,000 on two supplemental environmental projects. The company will donate a hand-held ammonia detector to the fire department with jurisdiction over the facilities. Also, the company will install an ammonia sensor outside of the Naples Street Facility. This sensor will be equipped with an automatic dialer that will alert the company and the fire department of any significant ammonia releases. This equipment will aid in the detection of toxic releases outside of the building to better protect staff and neighbors, which include a school located across the street.

The company must also employ a third-party refrigeration contractor that will automatically receive notification of an ammonia release to inform the appropriate emergency responders and facility managers.

When properly implemented, RMPs help prevent chemical releases and minimize their potential impacts at facilities that store large amounts of hazardous substances and flammable chemicals. Facilities are required to update and resubmit their RMPs at least once every five years, which is used by the EPA to assess chemical risks to surrounding communities and to prepare for emergency responses.

Pacific Gas & Electric Company to Pay $20,000 Penalty for PSD Violations

The Consent Decree addresses an alleged violation of the CAA which occurred at the Gateway Generating Station, a natural gas fired power plant located near Antioch, California. The alleged violation arises from the construction of the plant by PG&E allegedly without an appropriate permit in violation of the Prevention of Significant Deterioration (PSD) provisions of the CAA, 42 U.S.C. 7475, and without installing and applying best available control technology at the plant to control emissions of various air pollutants.

The proposed Consent Decree would resolve the claim in exchange for PG&E’s commitment to perform injunctive relief by achieving more stringent limits for emissions of nitrogen oxides (NOx) and carbon monoxide, by installing and operating two computer software programs designed to limit the number of start-ups and shut-downs that the Gateway plant will experience, and by further reduction of NOx emissions. The proposed Consent Decree also requires PG&E to pay a $20,000 civil penalty.

Changes in Texas TPDES Domestic Wastewater Permits

Under an agreement between the EPA and the TCEQ, Texas Pollutant Discharge Elimination System (TPDES) permit holders should expect to see changes to domestic wastewater permitting requirements. Among the changes, operators will begin conducting mandatory sampling for bacteria and effluent to meet limits that comply with proposed rule changes. This rulemaking applies to new, amended, and renewed domestic wastewater permits, and requires compliance at the permit’s issuance. If approved by TCEQ commissioners, the rules will become effective no later than December 31, 2009.

Already, the TCEQ has begun to include bacteria limits in certain TPDES permits for discharging to bacteria-impaired water bodies. The TCEQ’s Water Quality Division recommends that facilities evaluate their treatment systems now to avoid permit excursions when their permits are updated with bacteria limits.

Areas of potential concern include:

• Undersized, or short-circuiting, chlorine-contact chambers,
• Natural or pond system’s actual capacity due to sludge buildup and sedimentation resulting in less than 21-day retention time,
• Inappropriate sample locations, and
• Short sample-hold-times for approved, bacteria analytical methods.
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Energy Star Label Now Available for Four Types of Glass and Food Processing Plants

From strawberry jam jars to frozen french fries, the manufacturing plants that make several well-known container and food items in the United States can now earn the EPA’s Energy Star for superior energy efficiency. The new Energy Performance Indicators (EPIs) for flat and container glass manufacturing plants and juice and frozen fried potato processing plants are the first of their kind for these industries.

The U.S. glass industry spends more than $2 billion annually on energy while the food processing sector spends nearly $7 billion per year. Improving the energy efficiency of these industries by just 10% would save nearly $900 million in energy costs and more than 150 trillion btu while reducing greenhouse gas (GHG) emissions equal to the annual amount of GHG emissions produced from the electricity consumed by more than 1 million homes.

The new Energy Star EPIs were developed in partnership with the glass and food industries. The indicators will help companies objectively assess energy performance, set competitive goals for improvement and, over time, shift the energy performance of the entire industry.

EPA to Grant the Public More Opportunity to Comment on Pesticide Registration Decisions

One is a process for public participation for potential new pesticide active ingredients and certain new pesticide uses, and another is a process for public involvement in the review of already registered pesticides.

Beginning October 1, 2009, for certain registration actions, EPA’s risk assessment and proposed decision will be added to the public docket and made available for a 30-day public comment period. Following the comment period, EPA will publish its decision and a response-to-comment document. 

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Trivia Question of the Week

What industry sector uses the most energy?

a. Refining
b. Chemical
c. Paper
d. Metal industries