EPA announced that the agency is moving forward on two hazardous waste rules to respond to concerns raised by stakeholders: the Definition of Solid Waste (DSW) rule and the Emission Comparable Fuels (ECF) rule.
EPA is planning to hold a public meeting to discuss possible revisions to the DSW rule in response to an administrative petition asking the agency to reconsider and repeal the rule. The rule became effective on December 29, 2008. The meeting is planned for the end of June, and a Federal Register notice with the details of the meeting will be published in May.
The DSW rule modified the regulations for recycling hazardous secondary materials to encourage the recycling of certain materials to help conserve resources. The rule includes conditions designed to ensure that the recycling of the materials is protective of human health and the environment. The rule also takes into account a series of opinions in the U.S. Court of Appeals for the D.C. Circuit on the meaning of the term “discard,” which forms the basis of the definition of solid waste.
Since publication of the DSW rule, the Sierra Club has raised concerns about the effectiveness and protectiveness of the rule and has requested EPA stay the rule in an administrative petition. In addition, the Sierra Club and the American Petroleum Institute have filed judicial petitions for review in the U.S. Court of Appeals for the D.C. Circuit. Various industry groups have also filed letters opposing the Sierra Club’s administrative petition.
EPA expects that stakeholders’ input at the public meeting will assist the agency in deciding whether to make revisions to the rule and how such revisions would further ensure that the rule appropriately and safely encourages resource conservation for those hazardous secondary materials that are conditionally excluded. The Federal Register notice announcing the meeting will raise specific questions for consideration, particularly related to reclamation that is not under the control of the generator. Any revisions to the rule would be made through the full public rulemaking process.
EPA is also planning to propose a rule to withdraw the ECF rule, which became effective on January 20, 2009. The proposal will present the agency’s concerns and request comments from the public after publication in the Federal Register, planned for November 2009. After evaluating the public comments, the EPA will make a decision on whether to repeal the exclusion.
The ECF rule removed regulatory costs by reclassifying certain manufacturing byproducts as non-wastes. ECF is fuel that is produced from a hazardous waste, but which generates emissions when burned in an industrial boiler that are comparable to emissions from burning fuel oil. The materials must also be stored under an elaborate set of requirements. The final rule has been criticized for allowing hazardous waste to evade the hazardous waste regulatory system, and also for being difficult to administer. Industry members have also criticized it because of the detailed and prescriptive conditions for reclassification, which they believe will limit the rule’s use.
EPA Proposes Changes to Transportation Conformity Rule
- EPA is proposing to update the transportation conformity regulation in light of the October 17, 2006 final rule that strengthened the 24-hour PM2.5 standard and revoked the annual PM10 standard.
- EPA is also proposing to clarify the regulations concerning project-level air quality analyses to address a court’s remand of the transportation conformity hot-spot requirements for further explanation.
This proposed rule would ensure that air quality is protected and would clarify requirements for implementers. It directly supports EPA’s broader strategy for implementing the revised 2006 PM2.5 National Ambient Air Quality Standard (NAAQS). Providing clear guidance on how to implement transportation conformity under this NAAQS would ensure that transportation and air quality planning is coordinated and that clean air is achieved.
The proposed rule describes when conformity first applies in 2006 PM2.5 nonattainment areas. The Clean Air Act and transportation conformity rule allow a one-year grace period before conformity applies for the revised NAAQS. This grace period begins upon the effective date of EPA’s nonattainment designation.
The proposed rule also describes the general requirements for demonstrating conformity for the 2006 PM2.5 NAAQS, including the regional emissions test(s) that would apply before and after state air quality implementation plan (SIP) motor vehicle emissions budgets are established for the revised NAAQS. A motor vehicle emissions budget (or “budget”) is the level of emissions from cars and trucks that the state has determined to be consistent with local air quality goals. EPA is proposing that all 2006 PM2.5 nonattainment areas without SIP budgets would have a choice of conformity emissions tests for ensuring that transportation decisions are consistent with clean air. Under the proposal, SIP budgets for the existing 1997 PM2.5 NAAQS would be used for conformity prior to establishing 2006 PM2.5 SIPs. Using existing 1997 PM2.5 SIP budgets in the interim would ensure that progress continues towards achieving the 2006 PM2.5 NAAQS.
The proposed rule would update the baseline year for the interim emissions test in 2006 PM2.5 nonattainment areas. EPA is seeking comment on several proposed options.
The proposed rule would clarify which budgets PM10 nonattainment and maintenance areas would use for transportation conformity determinations, now that the annual PM10 standard has been revoked.
The proposed rule would clarify that federally funded or approved highway and transit projects in PM2.5, PM10, and CO nonattainment and maintenance areas must not delay timely attainment or achievement of other interim milestones.
Antiviral Products Approved for H1N1 Flu Virus
The World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) are currently tracking an H1N1 flu outbreak that has caused infections in humans in the United States, Mexico, Canada, and other countries.
EPA registers pesticide products, including disinfectants. As part of the registration process, EPA evaluates the product efficacy to make sure the public health label claims are accurate. Currently, over 500 disinfectant products are registered for use on hard, non-porous surfaces against influenza A viruses. EPA believes, based on available scientific information, that the currently registered influenza A virus products will be effective against the 2009-H1N1 flu strain and other influenza A virus strains. For safe and effective use of these products, always follow label instructions for these products, paying special attention to the product’s dilution rate (if applicable) and contact time.
This is not a complete list since some products may have different distributor or product names and may not be referenced. EPA will continue to update this list as more information becomes available. Approved products specifically have label information which states they provide effectiveness against “Influenza A viruses.” The labels should also list the specific site of concern such as farm premises, hospitals and other healthcare facilities, schools, offices, or homes. These registered disinfectant products are for use on hard, non-porous surfaces, such as door knobs, handles, tables, floors, etc. and are not to be used on the skin or to be taken orally. These products are widely available and can be purchased at drugstores, supermarkets, and home maintenance/repair stores, among others.
As the CDC stresses, the first line of defense against influenza A viruses is to wash hands frequently with soap and water or use an alcohol-based cleaner.
Cash for Clunkers
U.S. House of Representatives Speaker Nancy Pelosi issued the following statement regarding the White House and the House Energy and Commerce Committee’s agreement on a “cash for clunkers” proposal that will provide incentives for Americans to trade in older vehicles for more fuel efficient for cars and trucks: “‘Cash for clunkers’ is a common-sense proposal that will help provide a shot in the arm for the American auto industry at a crucial time for our economy, reduce the emissions that cause climate change, and make America more energy independent. By helping Americans trade in their old, less fuel efficient cars and trucks for newer, higher mileage vehicles, consumers will save money at the pump, help protect our planet, and create and save jobs for American auto workers.
“I congratulate Chairman Waxman, Chairman Emeritus Dingell, Chairman Markey and the Obama Administration for working hard to arrive at this agreement, as well as the many strong proponents of this legislation, including Congressman Inslee, Congressman Israel, Congresswoman Sutton, and Congressman Stupak. I look forward to working with them and with the Senate to pass this critical job-creating, energy independence legislation through the Congress so that we can send it to President Obama’s desk for his signature.”
EPA Honors Raytheon for Reducing Mercury by 46%
EPA has honored El Segundo, California-based Raytheon Space and Airborne Systems for reducing mercury through the elimination of mercury-containing equipment and future purchasing of mercury-free products.
At a private ceremony held at Raytheon’s El Segundo offices, the EPA honored Dennis Reed, Vice President of Operations for Raytheon Space and Airborne Systems, with the EPA’s National Partnership for Environmental Priorities (NPEP) Achievement Award in recognition of Raytheon’s reduction of 8.41 lbs of mercury, which is the equivalent of the mercury in 400 household thermometers.
“By removing mercury-containing equipment, such as thermometers and blood pressure machines, and pledging to purchase mercury-free products, Raytheon has gone above and beyond environmental compliance to reduce toxic waste without affecting the bottom line,” said Steven John, Director of the EPA’s Southern California Field Office.
Raytheon is a member of the agency’s NPEP program, which encourages public and private organizations to form voluntary partnerships with EPA to reduce the use or release of any of 31 priority chemicals. The program’s goal is to work with industry and the public to reduce the use or release of four million pounds of priority chemicals by 2011.
Mercury exposure can harm the brain, heart, kidneys, lungs, and immune system. Symptoms can include weakness, chills, a metallic taste, nausea, vomiting, abdominal pain, diarrhea, headache, tremors, and visual disturbances. Other symptoms include shortness of breath, cough, chest tightness, irritability and mood changes, delirium, insomnia, loss of appetite, and respiratory diseases.
Raytheon Space and Airborne Systems is a leading provider of sensor systems for military purposes. Raytheon is also a member of EPA’s WasteWise and Climate Leaders programs, and initiated environmental projects with state and local agencies like the West Basin Water District for water reclamation. They are a recipient of the California Integrated Waste Management Board’s Waste Reduction Award Program.
Gas Stations to Install Fume Capture Systems in Europe
Harmful gasoline vapors which escape during the refueling of cars at service stations will have to be captured according to an agreement confirmed by the European Parliament. Gasoline vapor contains benzene, which is known to cause cancer and contributes to the formation of ground-level ozone (smog), one of the air pollutants most damaging to human health and the environment.
The European Parliament confirmed a draft agreement reached in informal negotiations with Council which demands that stage II petrol vapor recovery technologies will be required at new or renovated service stations with large throughput effective January 1, 2012. Almost all service stations (small ones will be exempted) will be obliged to install these new technologies by 2018, 2 years earlier than originally proposed. An exception exists also for service stations used exclusively in association with the construction and delivery of new motor vehicles.
The Member States will draw drivers’ attention to the recovery systems by appropriate labeling of gasoline pumps. The regulations pertaining to penalties for violations of the new requirements must still be established. According to Commission data, the EU numbers about 110,000 service stations that employ some 440,000 workers and have an annual turnover of some 250 billion euros.
President Obama Takes Action to Advance Biofuels Production
The EPA proposal outlines the agency’s strategy for increasing the supply of renewable fuels.
The new Biofuels Interagency Working Group will be co-chaired by the Secretaries of Energy and Agriculture and the EPA Administrator, and it will work with the National Science and Technology Council’s Biomass Research and Development Board. It will use existing authorities and identify new policies to support the development of next-generation biofuels, increase the use of flexible-fuel vehicles, and assist in retail marketing efforts. The group will also coordinate policies for the infrastructure needed to produce and deliver biofuels and will work toward the sustainable production of biofuel feedstocks, taking into consideration land use, habitat conservation, crop management practices, water efficiency, water quality impacts, and lifecycle assessments of greenhouse gas emissions.
The president also directed Agriculture Secretary Tom Vilsack to preserve employment in the renewable fuels industry by immediately refinancing existing federal investments. The U.S. Department of Agriculture () will also make financing from the Food, Conservation, and Energy Act of 2008 (the 2008 farm bill) available within the next 30 days, including loan guarantees for commercial-scale biorefineries, grants for demonstration-scale biorefineries, expedited funding for installing biomass energy systems at biorefineries, and expedited funding to encourage the production of next-generation biofuels. The Renewable Energy Systems and Energy Efficiency Improvements Program, which will be renamed as the Rural Energy for America Program, will be expanded to offer guarantees for larger loans and to include energy audits and hydropower projects. President Obama also tasked Secretary Vilsack with developing a comprehensive approach to accelerating the investment in and production of biofuels in the United States.
EPA’s Proposed Renewable Fuel Standard Tackles GHG Emissions
. The Energy Independence and Security Act of 2007 (EISA) requires the national supply of renewable fuels to reach 36 billion gallons by 2022, causing a significant expansion of the current RFS. In keeping with the EISA, the proposed revision to the RFS program specifies the volume of cellulosic biofuel and biomass-based diesel that must be used in transportation fuel each year. The program classifies these fuels as “advanced biofuels,” defined as fuels other than corn-based ethanol and with greenhouse gas (GHG) emissions half that of the fuel they replace.
The program requires a volume of advanced biofuels that is greater than the combined requirements for cellulosic biofuel and biomass-based diesel, thereby allowing some competition among these and other advanced biofuels. By 2022, the proposed RFS program will require the annual use of 16 billion gallons of cellulosic biofuel, at least 1 billion gallons of biomass-based diesel, and a total of 21 billion gallons of advanced biofuels, leaving 4 billion gallons unspecified (although the EPA may require greater volumes of biomass-based diesel after 2012, which would leave fewer gallons unspecified). To allow for conventional biofuels, such as corn-based ethanol, the program sets an even greater volume requirement for all renewable fuels. To qualify as renewable fuels, biofuels produced at new facilities must achieve a 20% reduction in GHG emissions compared to the fuels they replace. By 2022, the proposed RFS program requires 36 billion gallons of renewable fuel altogether, which leaves room for up to 15 billion gallons of conventional biofuels, such as corn ethanol. Despite the many changes, the proposed program builds on the programmatic structure of the original RFS, including the use of tradable credits to track compliance with the program.
To determine which fuels qualify as advanced biofuels and new renewable fuels, the proposed program is the first federal program to assess the lifecycle GHG emissions associated with each fuel, including indirect emissions from land use changes, to determine which fuels qualify for the fuel standards. Lifecycle emissions include the emissions from growing, harvesting, and transporting the biomass and from producing and transporting the fuel. With land use changes included, the EPA proposes to allow only the five most sustainable process pathways for producing ethanol from corn starch to qualify as renewable fuels, while ethanol produced from sugar in a biomass-fueled facility can qualify as an advanced biofuel. Likewise, biodiesel from virgin plant oils qualifies as a renewable fuel, while biodiesel from waste grease and oils, animal fats, and non-food grade corn oil qualify as advanced biofuels. Recognizing the controversial nature of such analyses, the EPA plans to conduct peer reviews of the key components of its analysis and will hold a public workshop on the lifecycle analysis. The EPA will accept comments on the proposal for 60 days after its publication in the Federal Register, and the agency proposes to have the revised RFS program take effect on January 1, 2010. particularly pages 314-328 and 491-493.
. Since 1978, the limit has been set at 10% ethanol (E10) for conventional blends of gasoline. However, the amount of ethanol required by the RFS will soon hit market constraints imposed by the 10% limit and by the relatively small market for ethanol-rich blends known as E85 (a blend of 85% ethanol and 15% gasoline). A 15% blend limit would expand the potential ethanol market by nearly 50%. The EPA published the waiver request in the Federal Register on April 21 and is accepting public comments on the request until May 21. The current statute calls for EPA to make a decision within 270 days of receipt, which is December 1.
DOE to Invest $93 Million in Recovery Act Funds in Wind Power
DOE announced on April 29 that it plans to provide $93 million from the American Recovery and Reinvestment Act to support the further development of wind energy in the United States. The funding will support projects that draw on the innovations of DOE’s national laboratories, universities, and the private sector to help improve reliability and overcome key technical challenges for the wind industry. These projects will create green jobs, promote economic recovery, and provide the investments needed to increase renewable energy generation. DOE will also invest more than $100 million in Recovery Act funds for facility and infrastructure improvements at its National Renewable Energy Laboratory (NREL), including $68 million for the nation’s most energy efficient office building, the Research Support Facility, as well as $13.5 million for the Integrated Biorefinery Research Facility and $19.2 million for other infrastructure improvements, such as renewable energy systems to help power the laboratory.
Of the $93 million in wind energy funding, $10 million will go toward DOE’s National Wind Technology Center (NWTC), which is part of NREL, to enhance the testing of wind turbine drivetrains and to upgrade the electrical distribution system, allowing NREL to feed power from two new utility-scale wind turbines into the grid. Under previous agreements, the two new turbines will be installed at the NWTC for testing and evaluation. DOE will also award $14 million to support the development of lightweight, advanced materials for wind turbine components and the development of process controls for the manufacture of wind turbine blades. DOE will also offer $69 million through two competitive solicitations: a $24 million solicitation for the development of up to three university and industry consortia, which will focus on critical wind energy challenges, and a $45 million solicitation to support the design and construction of a new drivetrain testing facility for large wind turbines.
Scrap Yard Operator Fined Nearly $33,000 for Improper Oil Disposal
LeRoy Howell of Kamiah, Idaho will pay $32,882 to settle alleged oil disposal and cleanup violations according to a Consent Agreement with the EPA. The EPA documented the violations at Howell’s eleven acre scrap equipment yard, which is within the boundaries of the Nez Perce Indian Reservation.
In 2006, EPA inspectors, in conjunction with the Nez Perce tribe, found several violations of the Resource Conservation and Recovery Act (RCRA) at Howell’s facility located near Seven Mile Creek, including:
- Improperly labeled used oil containers
- Rusting containers
- Evidence of oil leaking into the soil
Howell has agreed to clean up oil contamination on the ground and to bring his operations into compliance with regulations.
“Operating a scrap yard and keeping large equipment requires a certain amount of housekeeping,” said Ed Kowalski, Director of the Office of Compliance and Enforcement at EPA’s Seattle office. “Spilled oil can pollute Idaho’s groundwater, lakes and streams and damage salmon habitat.”
Many of Idaho’s lakes, rivers, and streams are listed as impaired for not meeting water quality standards due to pollutants including oil and grease. Seven Mile Creek provides habitat for endangered steelhead salmon and is currently listed as impaired due to poor habitat.
Stephenson Oil Company, Inc. Fined for Oil Spills
EPA has fined Stephenson Oil Company, Inc. of Cleburne County, Arkansas, $20,906 for violating the federal Clean Water Act. The settlement addresses a Clean Water Act violation for discharging approximately 1970 gallons of oil into Sulphur Creek and its adjoining shorelines from Stephenson Oil Company’s bulk oil storage facility in Heber Springs, Arkansas, and associated Spill Prevention, Control, and Countermeasure (SPCC) violations. A federal inspection of the facility revealed that the company had failed to prepare an adequate SPCC plan for the facility, and had failed to provide adequate secondary containment for bulk storage tanks and storage units which contributed to the oil spill.
Ship’s Chief Engineer Sentenced for Concealing Vessel Pollution
Carmelo Oria, a Spanish citizen who was the chief engineer on the Cyprus-flagged M/T Nautilus, was sentenced in U.S. District Court in Massachusetts for maintaining inaccurate records that concealed a discharge of oil-contaminated water from the bilges of the M/T Nautilus, the Justice Department has announced. Oria was sentenced to one month in prison, to be followed by supervised release for a term of two years and a $3,000 fine.
Oria pleaded guilty on March 9, 2009, to violating the Act to Prevent Pollution from Ships based on his role in discharging oil-contaminated bilge water directly into the ocean from the M/T Nautilus and then failing to record the discharge in the ship’s records.
The government’s investigation began in March 2008, when inspectors from the U.S. Coast Guard conducted an examination of the M/T Nautilus, following the ship’s arrival in St. Croix, U.S. Virgin Islands, and subsequently in the Port of Boston. The M/T Nautilus is a 26,794 gross ton chemical tanker owned by Cyprus-based, Iceport Shipping Company Ltd., and operated by Spanish-based. Consultores de Navegacion S.A.
Engine room operations on board large oceangoing vessels such as the M/T Nautilus generate large amounts of waste oil and oil-contaminated bilge waste. International and U.S. law prohibit the discharge of waste containing more than 15 parts per million of oil and without treatment by an oily water separator—a required pollution prevention device. Law also requires all overboard discharges be recorded in an oil record book, a required log that is regularly inspected by the U.S. Coast Guard.
Oria served as the Chief Engineer aboard the M/T Nautilus between January and March 2008 and was responsible for all engine room operations. During that time, Oria ordered engine room crew members to discharge oil-contaminated bilge water from the ship’s bilges directly into the ocean. When the M/T Nautilus entered the Port of Boston on March 22, 2008, the ship’s log, which Oria was responsible for maintaining, failed to disclose the overboard discharge of oil-contaminated bilge water.
“This sentence sends a loud and clear message to crewmembers and companies alike that dumping pollution directly overboard and attempting to conceal it will lead to penalties,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Maritime companies and their employees must understand that violations of our Nation’s laws are serious and the Justice Department stands ready to prosecute those who choose to ignore them.”
$3,000 Fine for Diesel Emissions
The California Air Resources Board (ARB) has fined Sierra Pacific Industries $3,000 for diesel truck emissions violations during 2007 and 2008. ARB investigators found that Sierra Pacific failed to inspect, test, measure, record, and maintain its diesel truck fleet at its Lincoln, Anderson, Camino and Quincy facilities in accordance with the Periodic Smoke Inspection Program (PSIP).
“We understand businesses have to be more competitive than ever in today’s economy,” said ARB Chairman Mary D. Nichols. “But clean air saves everybody money by protecting public health.”
The law requires owners of California-registered truck and bus fleets to regularly inspect their vehicles to ensure that their engine emissions meet state air quality standards.
As part of the settlement, Sierra Pacific Industries is required to:
- Guarantee employees responsible for conducting the inspections attend a California community college training class on diesel emissions compliance testing and provide certificates of completion within one year;
- Provide documentation to ARB that the inspections are being carried out for the next four years;
- Ensure all of the company’s heavy-duty diesel trucks have their software updated with the latest low-NOx (oxides of nitrogen emissions) programming;
- Instruct vehicle operators to comply with the state’s idling regulations;
- Comply with requirements of the fleet rule for transit agencies; and,
- Ensure that all diesel trucks are up to federal emissions standards for the vehicle model year and are properly labeled with an emission control label.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death and other health problems.
AKS Recycling Inc. Assessed $1,860 Penalty for Violating Asbestos Regulations
The Massachusetts Department of Environmental Protection (MassDEP) assessed a $1,860 penalty on AKS Recycling, Inc. for violating Solid Waste Management regulations at its municipal solid waste/construction and demolition debris processing facility in Fitchburg, Massachusetts.
On October 26, 2007, MassDEP staff inspected the facility and determined that the company could not produce copies of third party analytical reports for asbestos-containing materials as required in its operating permit. The permit requires AKS Recycling to retain a third party licensed independent asbestos inspector to conduct inspections and sampling of incoming construction and demolition materials, and to submit a report to AKS on a bi-monthly basis. The facility has since come into compliance by retaining a third party licensed inspector and submitting the required reports.
In addition to paying a $1,860 penalty, AKS must also perform a supplemental environmental project (SEP) requiring the development of 2,000 brochures focusing on MassDEP’s asbestos regulations. The brochures will help inform contractors and homeowners who are taking out building permits how to properly handle asbestos-containing materials.
“MassDEP is pleased that appropriate procedures have been implemented at the AKS facility to assure compliance with MassDEP’s solid waste regulations,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. “The Supplemental Environmental Project will also help educate homeowners and contractors on the proper handling practices for asbestos.”
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Trivia Question of the Week
According to the EPA, how many lung cancer deaths occur each year due to indoor exposure to Radon?
a. 2,000
b. 20,000
c. 200,000
d. 2 million