The draft 2016 PGP covers point source discharges from the application of pesticides to waters of the United States. Once finalized, the draft 2016 PGP will replace the existing permit that will expire at midnight on October 31, 2016. The draft 2016 PGP has the same conditions and requirements as the 2011 PGP and would authorize certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. EPA proposes to issue this permit for five years in all areas of the country where EPA is the NPDES permitting authority. EPA solicits public comment on all aspects of the draft 2016 PGP.
The fact sheet accompanying the permit contains supporting documentation. Comments on the draft 2016 PGP must be received on or before March 11, 2016.
Hazardous Waste Generator Improvement Rule
In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.
Attend Environmental Resource Center’s live, online session to learn:
- New requirements for documenting hazardous waste determinations
- Revised requirements for when and how to submit the Notification of Generator Status form to EPA
- How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
- Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
- How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
- New conditions under which containers can be left open at satellite accumulation areas
- Updated time and volume limits for satellite accumulation areas
- New documentation requirements for contingency plans and biennial reports
- New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines 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 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. 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 webcast on February 16 where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Tampa RCRA and DOT Training
Chicago RCRA, DOT, and IATA/IMO Training
Dallas RCRA and DOT Training
Water Board Adopts New Discharge Requirements for Wineries, Food Processors
In a separate action, the Board also adopted a “conditional waiver” that waives requirements for wineries and beverage and food processors discharging less than 1,500 gallons of process wastewater per day. The Board actions increase protection of groundwater quality, streamline the permitting process, improve consistency, and incentivize water conservation.
Small wineries and some types of beverage and food processing facilities, such as cheese and potato processors, were not regulated. The Board actions expand permit coverage to include the previously unregulated processors and small wineries.
“Updating the requirements and bringing in small wineries and food processors that weren’t a part of the regulation is critical to protecting our groundwater,” said Regional Water Board Executive Officer Matt St. John.
The updated general WDRs provide increased protection of the beneficial uses of groundwater by requiring wineries and beverage and food processors to address nutrients and salinity in their process wastewaters and solids. The updated general WDRs require wineries and processors to either meet end-of-pipe limitations or monitor groundwater to demonstrate compliance with groundwater water quality standards. Those facilities that qualify for a “conditional waiver” of requirements are required to employ best management practices such as minimizing the use of non-biodegradable and salt-containing cleaners to reduce impacts to groundwater quality.
Facilities are required to submit an application for coverage under the updated WDRs or conditional waiver as soon as possible. Wineries currently enrolled under the 2002 winery WDRs are required to submit an application by July 28, 2016.
Regional Water Board staff reached out to the general public, conducted public workshops and worked extensively with wine industry representatives to develop the new general WDRs and conditional waiver. The proposed requirements were modified in response to comments and input from the public and industry representatives.
National Oil and Hazardous Substances Pollution Contingency Plan Revisions To Align With the National Response Framework
These proposed revisions align the National Oil and Hazardous Substances Pollution Contingency Plan with the Department of Homeland Security's National Response Framework and National Incident Management System. The revisions also update the descriptions of federal agency organizational structures and capabilities and how they operate, and recognize the establishment of the Department of Homeland Security. Comments must be received on or before 25 March 2016.
Website to Give Public Information on Proposition 65 Chemicals
On January 19, 2016, the Office of Administrative Law approved the adoption of Section 25205, Lead Agency Website to Title 27, Article 2, of the California Code of Regulations. . This regulation is separate from but related to the pending rulemaking to repeal and adopt a new Article 6 of the California Code of Regulations on clear and reasonable warnings.
Hydro-Klean and WNYE Fined for Dumping Industrial Waste on the Ground
An ethanol production plant has been fined after illegally disposing of industrial waste on its Shelby property. The fine stems from a 2013 investigation into illegal activities at Western New York Energy, LLC, (WNYE) by the Department of Environmental Conservation (DEC) Police's Bureau of Environmental Crimes Investigation (BECI) unit.
The investigation, lead by DEC Investigator Chris Didion, determined that WNYE and Hydro-Klean, LLC, a company based in Iowa that specializes in industrial cleaning operations for the ethanol industry, were disposing industrial wastes generated during bi-annual plant cleanings.
WNYE processes corn into fuel grade ethanol, and high pressure water is used to clean burned corn out of the evaporators used in production. The resulting waste wash water, which included trace amounts of ammonia and diesel range organics and is considered an industrial waste, was loaded into a vacuum truck and transported to an area at the rear of the facility and dumped into the ground.
The case was prosecuted by the Attorney General's office. Hydro-Klean plead guilty in the Town of Shelby Court in August 2015 to the unlawful disposal of industrial wastes and was fined $50,000. On January 14, the Town of Shelby Court sentenced WNYE to pay an $87,000 fine for violating the State Environmental Conservation Law.
WNYE has since changed its practices and now collects all waste water from cleaning operations and disposes of it at a local waste water treatment plant.
DEC encourages anyone with information on environmental crimes and violations are urged to call its 24-hour hotline, at 1-844-DEC-ECOs (1-844-332-3267).
Texas Proposes Renewal of Water Quality General Permit for Ready Mixed Concrete
The TCEQ is proposing to renew and amend the Ready Mixed Concrete General Permit TXG110000.
The current general permit expires on November 7, 2016.
The public comment period began on January 22, 2016, and ends on February 22, 2016.Comments must be received by February 22, 2016.
ViewSonic Settles E-Cycle Fine
California-based electronics manufacturer ViewSonic has agreed to settle a $10,000 fine from the Washington Department of Ecology. The company disputed the assessment for the program calculated by Ecology, but did later pay the invoices in full.
E-Cycle, which allows Washington residents to recycle televisions, computers, and other equipment at no charge, is a product stewardship program, meaning that manufacturers must make provisions for recycling or safely disposing of their products when they wear out or become obsolete. Under state law, manufacturers are required to pay for a portion of program costs based on their market share.
The settlement agreement reduces the fine to $500 if payment is received by February 22. Ecology agreed to the reduced amount because ViewSonic has already paid the overdue invoices and the violation did not have the potential to cause environmental damage.
EPA Resource Helps Schools Reduce Exposure to Traffic-Related Air Pollution
When schools are located close to busy roads, students can be exposed to unhealthy levels of air pollution. The new document, Best Practices for Reducing Near-Road Pollution Exposure at Schools, offers strategies for limiting exposure, including ventilation and filtration, school siting and layout decisions, anti-idling policies, bus fleet upgrades, sound walls, vegetative barriers, and other actions staff can take.
“This new report gives school officials and parents multiple ways to limit their students’ exposures to the pollutants from traffic.”
Children are sensitive because their respiratory systems are not fully developed, and they are more active and breathe more rapidly than adults. Children are also more likely than adults to have asthma. In particular, low income and minority children are disproportionately impacted by asthma and are more likely to live and attend school near major roadways.
The document also contains a school ventilation checklist and links to additional resources for achieving clean, green, and healthy school environments. EPA created this document in response to interest from parents, schools, and public health advocates who have been wanting to help reduce traffic-related air pollution exposure.
Nearly 17,000 U.S. schools are located within 1/10th of a mile of a major road. In California, more than 400,000 children are in schools where heavy traffic may influence air quality.
Operator Of Nursing Home And Day Care Center To Pay $50,000 for Illegal Releases Of Untreated Sewage
The owner of a Sudbury nursing home and childcare center will pay $50,000 to settle allegations that she failed to repair and upgrade the deteriorating septic system serving the facilities, Massachusetts Attorney General Maura Healey announced recently.
According to a consent judgment, approved Thursday by Suffolk Superior Court Judge Douglas Wilkins, Roberta C. Henderson has agreed to have a modern wastewater treatment system constructed at the property by December 1, 2016. Henderson owns Sudbury Pines Extended Care Facility, a 92-bed nursing home, and Kids Corner at the Pines, a day care center for children.
The Attorney General’s Office filed the lawsuit in March 2014 after Henderson failed to construct a new sewage disposal system as required by a permit issued by the Massachusetts Department of Environmental Protection (MassDEP), despite an overflow of untreated sewage from the septic system to the facility’s grounds.
“We allege this defendant put the health of this facility’s staff, elderly residents and children at risk by failing to prevent the overflow of untreated sewage on-site,” AG Healey said. “Today’s settlement requires a much-needed upgrade to this septic system. Our office is committed to enforcing environmental laws put in place to protect the health of the public and the environment.”
“This case was brought to protect public health,” said MassDEP Commissioner Martin Suuberg. “Today’s decision underscores the need for non-compliant facilities to take action.”
The court previously issued a preliminary injunction agreed to by both parties in March 2014 requiring Henderson to put interim measures in place to prevent further overflows of sewage. Henderson ultimately made repairs to the system in accordance with that order, and there have been no overflows from the system since January 2014.
The recent consent judgment requires Henderson to obtain MassDEP approval of a final design plan for a new wastewater treatment system plan by March 1, 2016. It also requires Henderson to begin construction by May 1, 2016.
Under the terms of the settlement, $30,000 will be paid to the Commonwealth within three months, and the remaining $20,000 is to be paid within a year after the new treatment system is completed.
The lawsuit alleged that Henderson knew for years that the septic system serving Sudbury Pines and the Kids Corner did not comply with environmental laws. It also alleged that in early January 2014, the septic system discharged untreated sewage to walkways and a parking lot, all of which are adjacent to a playground and an entrance to the day care.
THD At-Home Services to Pay $37,065 for Lead-Based Paint Violations
THD At-Home Services, a subsidiary of The Home Depot, was the general contractor for the Colorado home renovation project, where prior testing confirmed the presence of lead-based paint. The settlement alleges that the company failed to ensure that waste debris and dust at the project site were properly contained and that the work area was fully cleaned of dust, debris, and residue in accordance with RRP Rule requirements.
“EPA’s Renovation, Repair, and Painting rule provides important, front-line protection for children and others vulnerable to exposure to lead dust that can cause lead poisoning,” said Suzanne Bohan, director of EPA’s enforcement program in Denver. “EPA will continue to take steps to ensure that contractors comply with the rule’s requirements to contain waste, control dust, and prevent exposure.”
The rule took effect on June 23, 2008.
The U.S. banned lead-based paint from housing in 1978, however EPA estimates that it is still present in more than 30 million homes across the nation. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, with young children at the greatest risk due to their developing nervous systems.
EPA Releases Guide for Healthier School Renovations
The guide was announced by EPA Regional Administrator Jared Blumenfeld during the Children’s Environmental Health Symposium in San Diego, California.
“Our children are more sensitive than adults to environmental contaminants because their respiratory systems are not fully developed, and they are more active,” said Mr. Blumenfeld. “It is critical for schools to understand potential hazards when undertaking renovation projects.”
“Children spend many hours each week in school, and healthy school environments optimize children’s learning potential,” said Dr. Ruth Etzel, EPA’s Director of the Office of Children’s Health Protection. “School renovations, if done incorrectly, have the potential to present environmental health risks to children. This guide provides an overview of potential hazards that schools face during renovations—it provides best management practices to avoid exposure and protect children’s health.”
The guide also reviews the risks, regulations, and resources available for schools to use during school renovations and includes strategies for reducing exposure to environmental contaminants. The guide includes a robust reference section with links to more in-depth guidance. EPA created this guide in response to interest from parents, schools, and public health advocates for a one-stop, easy to understand document that outlined key environmental health considerations when renovating schools.
School renovations have the potential to increase children’s exposure to harmful contaminants which can lead to serious health risks. Addressing the unique challenges and opportunities of school renovations can help schools save money and support student performance. Recent surveys report that 53% of public schools need to spend money on repairs, renovations, and modernization—at an estimated cost of $197 billion. Understanding the suite of risks in a renovation at the beginning of the project can help schools avoid expensive, time-consuming cleanup, and remediation—and improve the health and academic success of children in schools nationwide.
The Children’s Environmental Health Symposium was held on January 27 and 28 in San Diego, Calif., and focused on environmental health issues in the border region, how prenatal and childhood exposures can impact children’s health and development, and what participants can do to address or mitigate children’s environmental health risks.
Rapid, Affordable Energy Transformation Possible
The United States could slash greenhouse gas (GHG) emissions from power production by up to 78% below 1990 levels within 15 years while meeting increased demand, according to a new study by NOAA and University of Colorado Boulder researchers.
The study used a sophisticated mathematical model to evaluate future cost, demand, generation and transmission scenarios. It found that with improvements in transmission infrastructure, weather-driven renewable resources could supply most of the nation’s electricity at costs similar to today’s.
Although improvements in wind and solar generation have continued to ratchet down the cost of producing renewable energy, these energy resources are inherently intermittent. As a result, utilities have invested in surplus generation capacity to back up renewable energy generation with natural gas-fired generators and other reserves.
“In the future, they may not need to,” said co-lead author Christopher Clack, a physicist and mathematician with the Cooperative Institute for Research in Environmental Sciences at the University of Colorado Boulder.
Since the sun is shining or winds are blowing somewhere across the United States all of the time, MacDonald theorized that the key to resolving the dilemma of intermittent renewable generation might be to scale up the renewable energy generation system to match the scale of weather systems.
So MacDonald, who has studied weather and worked to improve forecasts for more than 40 years, assembled a team of four other NOAA scientists to explore the idea. Using NOAA’s high-resolution meteorological data, they built a model to evaluate the cost of integrating different sources of electricity into a national energy system. The model estimates renewable resource potential, energy demand, emissions of carbon dioxide (CO2), and the costs of expanding and operating electricity generation and transmission systems to meet future needs.
The model allowed researchers to evaluate the affordability, reliability, and GHG emissions of various energy mixes, including coal. It showed that low-cost and low-emissions are not mutually exclusive.
“The model relentlessly seeks the lowest-cost energy, whatever constraints are applied,” Clack said. “And it always installs more renewable energy on the grid than exists today.”
Even in a scenario where renewable energy costs more than experts predict, the model produced a system that cuts CO2 emissions 33% below 1990 levels by 2030, and delivered electricity at about 8.6 cents per kilowatt hour. By comparison, electricity cost 9.4 cents per kWh in 2012.
If renewable energy costs were lower and natural gas costs higher, as is expected in the future, the modeled system sliced CO2 emissions by 78% from 1990 levels and delivered electricity at 10 cents per kWh. The year 1990 is a standard scientific benchmark for GHG analysis.
A scenario that included coal yielded lower cost (8.5 cents per kWh), but the highest emissions.
At the recent Paris climate summit, the United States pledged to cut greenhouse emissions from all sectors up to 28% below 2005 levels by 2025. The new paper suggests the United States could cut total CO2 emissions 31% below 2005 levels by 2030 by making changes only within the electric sector, even though the electrical sector represents just 38% of the national CO2 budget. These changes would include rapidly expanding renewable energy generation and improving transmission infrastructure.
In identifying low-cost solutions, researchers enabled the model to build and pay for transmission infrastructure improvements—specifically a new, high-voltage direct-current transmission grid (HVDC) to supplement the current electrical grid. HVDC lines, which are in use around the world, reduce energy losses during long-distance transmission. The model did choose to use those lines extensively, and the study found that investing in efficient, long-distance transmission was key to keeping costs low.
MacDonald compared the idea of a HVDC grid with the interstate highway system which transformed the U.S. economy in the 1950s. “With an ‘interstate for electrons’, renewable energy could be delivered anywhere in the country while emissions plummet,” he said. “An HVDC grid would create a national electricity market in which all types of generation, including low-carbon sources, compete on a cost basis. The surprise was how dominant wind and solar could be.”
The new model is drawing interest from other experts in the field.
"This study pushes the envelope,” said Stanford University’s Mark Jacobson, who commented on the findings in an editorial he wrote for the journal Nature Climate Change. “It shows that intermittent renewables plus transmission can eliminate most fossil-fuel electricity while matching power demand at lower cost than a fossil fuel-based grid—even before storage is considered."
Maryland Department of the Environment Investigating Issuance of Lead-Free Certificates
The Maryland Department of the Environment, in coordination with the EPA, has opened an investigation to determine whether rental properties certified by a private inspector as having no lead paint are actually free of the material.
The Department is sending letters to residents of more than 300 properties that were certified lead-free by the inspector to inform them of the investigation and advise those with young children to consult with their primary care physician on the need for testing for lead exposure.
The Department is making arrangements for properties that were certified lead-free by the private inspector between 2010 and 2014 to be retested to determine whether they are lead-free. The Department is also sending letters to the owners of these properties to inform them of the investigation and to encourage them to have their properties retested. A review of the Department’s records of children tested for exposure to lead from 2010 to present identified no children living at the addresses in question with a blood lead level at or above the Centers for Disease Control’s established reference level.
The Department has invalidated seven lead-free certificates issued by the private inspector after finding lead paint in the properties or noting that surfaces that should have been tested were not. These findings prompted the wider investigation. The Department is conducting this investigation in coordination with the EPA and the Maryland Department of Health and Mental Hygiene.
The largest number of properties is in Prince George’s County. Other properties are in Anne Arundel, Baltimore, Calvert, Charles, Howard, Montgomery and St. Mary’s counties and Baltimore City. Current residents of the properties are being asked to complete an online survey that includes questions on the number of young children living in the home and the condition of paint in the residence. For further information, the public may call the Department at 410-537-3825.
The Department of the Environment is the primary state agency responsible for preventing childhood lead poisoning in Maryland. Since Maryland’s lead law was enacted in 1994, the number of childhood lead poisoning cases in the State has decreased by 98%. The Department is providing public notice of this investigation out of an abundance of caution.
Under Maryland’s lead law, owners of rental units built before 1978 must take certain steps to reduce the risk of lead exposure. State law allows owners of these properties to be exempt from risk reduction requirements by certifying that the rental units are free of lead paint. Such certifications are issued by private inspectors that are accredited by the Department of the Environment.
The Department’s Lead Poisoning Prevention Program received a complaint concerning the validity of a lead-free certificate issued by the private inspector. After that certificate was determined to be invalid, the Department conducted inspections of additional properties that had been certified lead-free by the private inspection contractor, leading to the invalidation of six more certificates. As a result, the Department issued a Notice of Violation with Penalty to American Homeowner Services, LLC, of Lusby, Maryland, with a settlement offer that included payment of a $5,000 penalty. That penalty has been paid. All of the invalidated certificates were issued by one private inspector.
Residents of homes built prior to 1978 may have lead around their home without knowing it because you can’t see, taste or smell lead. Because it does not break down naturally, lead can remain a problem until it is removed.
- Get your child tested. Even children who appear healthy may have high levels of lead. A blood test takes only 10 minutes, and results should be ready within a week. Blood tests are usually recommended for children at ages one and two.
- Keep your home clean. Ordinary dust and dirt may contain lead. Children can swallow lead or breathe lead contaminated dust if they play in dust or dirt and then put their fingers or toys in their mouths, or if they eat without washing their hands first.
- Reduce the risk from lead paint. Most homes built before 1978 contain lead paint. This paint could be on window frames, walls, the outside of your house, or other surfaces. Tiny pieces of peeling or chipping paint are dangerous if eaten. Lead paint in good condition is not usually a problem except in places where painted surfaces rub against each other and create dust. Make sure your child does not chew on anything covered with lead paint, such as painted window sills, cribs, or playpens.
- Don’t remove lead paint yourself. Lead dust from repairs or renovations of older buildings can remain in the building long after the work is completed. Hire a person with special training to remove lead paint from your home.
- Eat right. A child who gets enough iron and calcium will absorb less lead. Foods rich in iron include eggs, lean red meat, and beans. Dairy products are high in calcium. Don’t store food or liquid in lead crystal glassware or imported or old pottery. If you reuse plastic bags to store or carry food, keep the printing on the outside of the bag.
Oil & Gas Health Information and Response Program Now Available in Colorado
The Colorado Department of Public Health and Environment has established a new program the public can use to report their health concerns and get information related to oil and gas.
Individuals with such concerns can:
- Call the hotline at 303-389-1687
Dr. Larry Wolk, department executive director and chief medical officer, said, “People will talk to staff knowledgeable about possible effects of oil and gas on health. We will ask callers important questions about health and environmental conditions, and if we identify any situation with an immediate health impact, we will coordinate with state and local agencies to quickly address it.”
Investigations will depend on the details of each case. Actions by the department could include:
Documenting and mapping a health concern.
Working with health care providers, local public and environmental health agencies, state air quality specialists and/or oil and gas inspectors to address a concern.
In addition, people can use the website clearinghouse to find up-to-date information about the oil and gas industry, Colorado air and water quality studies and other health related information. The oil and gas health concern and information program was one of the recommendations made by Gov. John Hickenlooper’s Oil and Gas Task Force in 2015.
Environmental News Links
Trivia Question of the Week
Exposure to lead can cause which of the following health problems:
a) Cardiovascular effects
b) Decreased kidney function
c) Learning and behavior problems in children
d) All of the above