It also allows you to search for EPA rules that relate to specific interests, including impacts on small business; children’s health; environmental justice; and state, local, and tribal government.
Rulemaking Gateway provides information as soon as work begins and provides updates on a monthly basis as new information becomes available. Time-sensitive information, such as notices of public meetings, is updated on a daily basis.
Rulemaking Gateway complements Regulations.gov, the federal government’s main portal for tracking rules from all federal agencies, by providing brief overviews of specific EPA rules and additional ways to search rules based on the phases they are in (e.g., pre-proposal, proposal), the topics they relate to (e.g., air, water), and the impacts they might have (e.g., impacts on small businesses or environmental justice). The new Website offers a distilled “snapshot” of a rule, with just enough information for a citizen to determine his or her interest in the rule. The individual then can use Rulemaking Gateway links to Regulations.gov and to other EPA sources where comprehensive information is available.
Key features of the Website include:
Priority rulemakings. The Gateway focuses on rules likely to be of most interest to the most number of people. They are selected by senior managers based on factors including environmental significance; impact on the economy; level of external interest; significance of policy or scientific issues; complexity; and the effect on other Agency programs.
Special filters. The Gateway allows the public to find in one place all the rules related to certain areas of interest. For example, the filters help users focus on rules likely to affect children’s health, environmental justice, state and tribal partnerships, and small businesses.
Earlier information. Prior to the Gateway, EPA updated regulatory information every six months in the Regulatory Agenda. With the Gateway, EPA provides information as soon as work begins and provides updates on a monthly basis as new information becomes available.
Targeted information. The Gateway provides a snapshot of key rulemaking information, such as a brief abstract and ways the public can participate.
Simple timelines. The Gateway provides a simple timeline for each rulemaking; it describes where the rule falls within the rulemaking process as well as a history of what came before.
Final Rule Reduces Air Toxics from Existing Stationary Diesel Engines/Emissions
EPA is setting the first standards that will reduce emissions of formaldehyde, benzene, acrolein, and other toxic air pollutants from certain stationary diesel engines. These pollutants are known or suspected to cause cancer or other serious health problems and environmental damage.
“Improving air quality is one the agency’s top priorities,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “Controlling emissions from these engines will save lives and protect our communities from serious health problems, including heart attacks, asthma and other respiratory illnesses.”
The emission limits apply to existing diesel engines meeting certain criteria for age, size, and use. EPA estimates that more than 900,000 of the engines generate electricity and power equipment at industrial, agricultural, and other facilities. The engines also are used in emergencies to produce electricity and pump water for flood and fire control. Emergency engines used at most residences, hospitals and other institutional facilities, and commercial facilities such as shopping centers are not covered by this rule.
To meet the emissions requirements, owners and operators of the largest of the engines will need to install emissions controls, such as catalysts, to engine exhaust systems. Emergency engines covered by this rule need to comply with operating requirements that will limit emissions.
EPA estimates that the rule will reduce annual air toxics emissions by 1,000 tons, particle pollution by 2,800 tons, carbon monoxide emissions by 14,000 tons, and organic compound emissions by 27,000 tons when fully implemented in 2013.
EPA has previously promulgated NESHAP for new stationary RICE located at major sources of HAP emissions, existing stationary spark ignition (gas-fired) engines that have a site rating of greater than 500 brake hp and are located at major sources of HAP emissions, and new stationary RICE located at area sources of HAP emissions.
EPA will issue final emissions standards for similar existing stationary engines that burn gasoline, natural gas and landfill gas, known as spark ignition engines, by August 10, 2010.
CEQ Announces Steps to Reinvigorate the National Environmental Policy Act
In conjunction with its 40th Anniversary, the White House Council on Environmental Quality (CEQ) proposed four steps to modernize and reinvigorate the National Environmental Policy Act (NEPA). These measures will assist Federal agencies to meet the goals of NEPA, enhance the quality of public involvement in governmental decisions relating to the environment, increase transparency, and ease implementation.
Enacted in 1970, NEPA is a cornerstone of our Nation’s efforts to protect the environment and a fundamental tool to harmonize our economic and environmental aspirations. It recognizes that many Federal activities affect the environment and mandates that Federal agencies consider the environmental impacts of their proposed actions before acting. NEPA emphasizes public involvement in government actions affecting the environment by requiring that the benefits and the risks associated with proposed actions be assessed and publicly disclosed.
“Our country has been strengthened by the open, accountable, informed and citizen-involved decision-making structure created by NEPA,” said Nancy Sutley, Chair of the White House Council on Environmental Quality. “We are committed to making NEPA workable and effective, and believe that these changes will contribute significantly to both goals.”
Draft Guidance on the Consideration of Greenhouse Gases
CEQ is releasing draft guidance for public comment on when and how Federal agencies must consider greenhouse gas emissions and climate change in their proposed actions. CEQ has been asked to provide guidance on this subject informally by Federal agencies and formally by a petition under the Administrative Procedure Act. The draft guidance explains how Federal agencies should analyze the environmental impacts of greenhouse gas emissions and climate change when they describe the environmental impacts of a proposed action under NEPA. It provides practical tools for agency reporting, including a presumptive threshold of 25,000 metric tons of carbon dioxide equivalent emissions from the proposed action to trigger a quantitative analysis, and instructs agencies how to assess the effects of climate change on the proposed action and their design. The draft guidance does not apply to land and resource management actions and does not propose to regulate greenhouse gases. CEQ will receive public comment on this guidance for 90 days.
Draft Guidance Clarifying Appropriateness of “Findings of No Significant Impact” and Specifying When There is a Need to Monitor Environmental Mitigation Commitments
Many Federal actions receive an environmental review, known as an Environmental Assessment. In those instances, NEPA compliance is usually completed with a “Finding of No Significant Impact” (FONSI) on the environment, thus a more detailed Environmental Impact Statement is not required. The draft guidance clarifies that the environmental impacts of a proposed action may be mitigated to the point when the agency may make a FONSI determination. When the FONSI depends on successful mitigation, however, such mitigation requirements should be made public and be accompanied by monitoring and reporting. The draft guidance also applies to monitoring and reporting of mitigation commitments agencies make in an EIS and Record of Decision. CEQ has released this draft guidance for 90 days of public comment.
Revised Draft Guidance Clarifying Use of Categorical Exclusions
Many Federal actions do not have significant effects on the environment. When these actions fall into broad categories of activities, agencies may apply a “categorical exclusion” from further NEPA review. This draft guidance clarifies the rules for categorical exclusions and ensures that there is a concise public record when agencies apply them. While CEQ previously has sought public comments on this matter, this guidance provides additional clarifications, so it will seek additional public comment for 45 days.
Enhanced Public Tools for Reporting on NEPA Activities
Technology has greatly enhanced the government’s transparency and accountability and these tools have improved the quality of governmental decision-making, including decisions made following a NEPA analysis. CEQ continues to upgrade this site to include the status of reviews of agency NEPA guidance, Recovery Act NEPA reporting, and real-time NEPA review status. These upgrades are designed to improve public participation and the quality of Federal agency administration of NEPA.
Basa Resources Fined for Violating the Clean Water Act
EPA has fined Basa Resources of Dallas, Texas, $850 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act (CWA).
A federal inspection of an oil production facility located on FM 1844 in Gregg County, Texas, revealed the facility’s SPCC plan did not discuss and the facility did not implement appropriate containment and diversionary structures, and inspections and tests required by federal regulations were not in accordance with written procedures developed for the site. Personnel working at the site had no training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, and applicable pollutions control laws, rules, and regulations. The inspection also found site personnel had no training on general facility operations and no training on the contents of the SPCC plan. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.
The SPCC program helps protect our nation’s water quality. A spill of only one gallon of oil can contaminate one million gallons of water.
EPA OSWER Listening Session on All Appropriate Inquiries Standards
The listening session will take place in room 1153 of the EPA East Building at 1201 Constitution Ave. NW, in Washington D.C.
National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing Amendments
Section 112(k) of the Clean Air Act (CAA) requires the development of standards for area sources that account for 90% of the emissions in urban areas of the 30 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air Toxics Strategy. The Integrated Urban Air Toxics Strategy lists paints and allied products manufacturing as an area source category. Therefore, the agency is proposing amendments to the Paints and Allied Products Manufacturing category. The definition of target HAP-containing material has been revised to add, “and greater than 1.0% for noncarcinogens.”
EPA Initiating TSCA Action for Strict Regulation of Short-chained Chlorinated Paraffins (SCCPs)
EPA is initiating action under Toxic Substances Control Act (TSCA) to ban or restrict the manufacture, import, processing or distribution in commerce, export, and use of Short-chained Chlorinated Paraffins (SCCPs). EPA is concerned with SCCPs because they are persistent, bioaccumulative, and toxic to aquatic organisms at low concentrations. They can remain in the environment for a significant amount of time and can bioaccumulate in animal tissues, increasing the probability and duration of exposure. Even relatively small releases of these chemicals from individual facilities that manufacture import, process, or use these chemicals, or releases from waste management facilities have the potential to accumulate over time to higher levels and cause significant adverse impacts on the environment.
TSCA Section 5(b)4 List Proposed Rule
EPA is proposing to add twelve chemicals to a list of substances that may present an unreasonable risk of injury to human health or the environment, using the authority under section 5(b)(4) of TSCA. EPA has concerns about the toxicity of these substances, and about the evidence of pervasive human and environmental exposure. The proposed rule will both establish the 5(b)(4) list and then include the following twelve chemical substances on the list: dibutyl phthalate (DBP), diisobutyl phthalate (DIBP), butyl benzyl phthalate (BBP), din- pentyl phthalate (DnPP), di (2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DnOP), diisononyl phthalate (DINP), and diisodecyl phthalate (DIDP), bisphenol A (BPA), pentabromodiphenyl ether, octabromodiphenyl ether, and decabromodiphenyl ether.
Former Owner of Dairy Plant to Pay $350,000 to Settle Clean Water Act Allegations
The former owner of a butter and buttermilk production facility in West Point, Nebraska, has agreed to pay $350,000 in civil penalties to the federal government and the State of Nebraska to settle allegations that the company violated the CWA by illegally discharging pollutants into the City of West Point’s waste water treatment system resulting in illegal discharges to the Elkhorn River.
Mark J. Peckham, of Sheridan, Wyoming, and his company, Peckham, Inc., are the last two of five defendants to settle claims made in a civil lawsuit brought by EPA Region 7 in 2008. The other three defendants include the City of West Point; West Point Dairy Products, LLC, (WPDP); and Wimmers Meat Products, Inc., (Wimmers).
The five defendants have now agreed to pay a combined total of $723,000 in civil penalties to the United States and the State of Nebraska to settle allegations from the lawsuit; and spend $130,900 on state supervised supplemental environmental projects (SEP).
In 2008, EPA Region 7 filed a complaint in federal court alleging that Peckham, WPDP, and Wimmers illegally discharged pollutants into the City of West Point’s water treatment system from the late 1970s through at least December 2006, and that the City of West Point failed to properly develop discharge limits for those businesses, as required by law.
The discharges by the industries overwhelmed the city’s treatment plant and resulted in discharges of pollutants to the Elkhorn River that violated the limits established to protect the water quality of the river. The Elkhorn River had previously been determined to be an impaired water due to high levels of bacteria.
Peckham’s settlement was filed in U.S. District Court in Omaha, Nebraska, and requires payment of a total penalty of $350,000, to be divided equally between the federal government and the State of Nebraska, a co-plaintiff in the case. The settlements previously filed with the court include an agreement by the City of West Point to pay a civil penalty of $150,000 and to install a wind turbine and solar panels for the West Point Public School; and agreements with Wimmers and WPDP to pay civil penalties of $111,600 and $112,500, respectively. They were also required to contribute to state SEPs involving Neligh Park Lake and the Nebraska Attorney General’s Environmental Protection Fund.
The CWA requires municipalities and their industrial dischargers to work together to establish and comply with discharge limits that are designed to protect our nation’s waters. EPA is committed to enforcing these requirements in communities where compliance with the law has not occurred.
Meadow Valley Contractors Inc. to Pay $80,000 for Air Quality Violations
The Arizona Department of Environmental Quality and the Arizona Attorney General’s Office have announced that Meadow Valley Contractors, Inc., of Phoenix will pay $80,000 under a consent judgment with ADEQ for air quality violations at the company’s asphalt and gravel facility that was temporarily located at the intersection of Miller Road and Sunrise Road in Buckeye in late 2007 through early 2008.
In February 2008, ADEQ inspected the facility and discovered multiple permit violations, including seven days of operation the exceeded permit restrictions for operating hours, and failure to ensure that visible emissions from the facility were kept to a minimum. Visible emissions are emissions that can be detected without the aid of instruments that contain particulate matter.
On February 21, 2008, Meadow Valley conducted a performance test at this facility in compliance with its permit conditions. The test results revealed emissions above the permitted limits for particulate matter (PM10), carbon monoxide, sulfur oxides, and volatile organic compounds.
After the inspection, ADEQ issued two notices of violation. Meadow Valley Contractors worked closely with ADEQ, and returned to compliance with its permit conditions by June 5, 2008.
“ADEQ takes air pollution violations seriously, particularly particulate matter in Maricopa County, but we also appreciate Meadow Valley’s cooperation and swift work to come into compliance,” said ADEQ Director Benjamin H. Grumbles.
“Air quality in metro Phoenix is a significant health issue, and any company with multiple violations needs to be held strictly accountable,” Attorney General Terry Goddard said.
Meadow Valley Contractors produces hot mix asphalt and gravel products and provides contracting services specializing in the construction of highways, bridges, overpasses, and the paving of highways and airport runways. The company uses portable equipment throughout Arizona.
In addition to the civil penalty, Meadow Valley Contractors is required to submit an application to ADEQ for an individual permit which will help to ensure continued compliance. The consent judgment is subject to court approval.
$1.8 Million Settlement with Industrial Laundry Company for Harmful Emissions
Connecticut Attorney General Richard Blumenthal and Department of Environmental Protection (DEP) Commissioner Amey Marrella have announced a $1.8 million settlement with an industrial laundry facility for emitting toxic substances that threatened public health.
Blumenthal sued G&K Services Co. in 2008 on behalf of DEP and won an order blocking the company from laundering soiled shop towels contaminated with various solvents, oils, and greases that contain volatile organic compounds (VOCs).
Located within close proximity to residential homes, G&K’s emissions created a nuisance odor, prompting complaints from neighbors. A state investigation confirmed the unsafe emissions—potentially carcinogenic and neuro-toxic—that could be irritating and damaging to lungs, eyes, and skin.
Under a stipulated judgment filed in court, G&K will pay $1.8 million. The settlement provides $1.189 million in penalties to the state General Fund; $111,000 to the DEP for unpaid fees; and $500,000 to the City of Waterbury for environmental projects reviewed and approved by DEP to benefit Waterbury citizens.
“This settlement compels G&K to compensate the public for airing its dirty laundry—literally spewing toxic industrial laundry emissions that created a public health threat and nuisance,” Blumenthal said. “Even more than the money, this settlement stops G&K from laundering industrial towels in Connecticut until it strictly adheres to state anti-pollution regulations.
“G&K spewed dangerous chemicals into the air that endangered neighbors—particularly people who may be elderly, very young, pregnant or suffer from respiratory and other medical conditions. Acting with none of the legally mandated anti-pollution measures installed, G&K violated its state permits and regulations. This settlement pays back the public for illegal emissions, and protects the public from future harm.”
Commissioner Marrella said, “The work of DEP staff has been central to the successful conclusion of the case against G&K. DEP staff discovered the violations at G&K, brought them to the attention of the office of Connecticut’s Attorney General and worked closely with the Attorney General’s office to develop the case against the company. DEP staff also worked closely with the U.S. EPA to provide information which led that agency to take national action against G&K. This work demonstrates the determination of our DEP staff to protect citizens from harmful air emissions, illegal water discharges and improper handling of hazardous wastes, and to make certain there is compliance with our environmental laws and regulations.”
Marrella added, “The settlement is also noteworthy for other reasons. It is by far the largest of three other enforcement actions nationwide against G&K. It provides $500,000 for environmentally beneficial projects in the city of Waterbury—the place where people were most directly affected by the violations. And finally, it includes provisions for G&K to switch to more environmentally friendly detergents that do not contain alkyl phenol ethoxylates (APEs), which are toxic at low levels and are suspected endocrine disruptors.”
Waterbury Mayor Michael J. Jarjura said, “The citizens of Waterbury are grateful to the DEP and the Attorney General for their diligence in protecting their health and welfare.”
Blumenthal sued after G&K violated its DEP permits and state regulations by failing to install proper pollution control equipment on its washers and failing to obtain required permits for the construction and operation of its industrial dryers, which are considered a stationary source of air pollution. G&K’s industrial dryers have the potential to emit more than 50 tons of VOCs annually.
G&K operates an industrial laundry facility in Waterbury where it launders uniforms, floor mats, mops, garments, linens, continuous roll towels, and dust products. Such facilities, if properly controlled, may be allowed to release small amounts of these chemicals that—when mixed with outdoor air at proper height—will not create a public health risk.
Since Blumenthal obtained a court order in April 2008 blocking G&K from laundering shop and print towels at its Connecticut locations, G&K has continued to collect shop towels from customers at the Waterbury site and trucked the towels to an out-of-state laundering facility.
The agreement, or stipulated judgment, revokes the company’s licenses to operate certain industrial washers at the Waterbury site and blocks the company from continued violations of the state’s air pollution and waste management regulations, and its wastewater permit. Until the company meets legal standards and obtains proper permits, it is prohibited from laundering shop and print towels at the Waterbury facility.
Within 30 days of the judgment, G&K will retain a qualified consultant to assist in preparing applications and documents and overseeing the company’s efforts to comply with their agreement and environmental obligations, including obtaining necessary permits, recordkeeping, reporting, monitoring, and testing. If G&K eventually obtains proper permits to launder shop and print towels in the future, the consultant must monitor and inspect the operations for at least three years.
New Connecticut Online System for Reporting, Monitoring Vital Clean Air Data
Connecticut’s Governor M. Jodi Rell announced that the state Department of Environmental Protection (DEP) is launching a new, state-of-the-art online system for power plants, factories, and other facilities to report their emissions data electronically.
“This new system is a perfect example of how we can put the power of technology to work to improving the quality of government services and serving the people of our state,” Governor Rell said. “By automating what had been an antiquated, paper-based process for collecting information, this new system allows businesses and industries to streamline their reporting while giving the DEP instant access to the information it needs to ensure compliance with emissions permits and protect the quality of the air we breathe.”
“This system opens a new era in air pollution emissions reporting and tracking,” the Governor said. “It will help both the regulated community and the state become more efficient and more effective in meeting our obligations under the federal CAA. It will also improve the transparency of state government by making air emissions data easily accessible in a timely manner to everyone who is interested in viewing it.”
The new Emissions Inventory Tracking (EMIT) system will allow Connecticut businesses and industries that face complex reporting requirements to submit annual emissions data through an online system. Under the current system, DEP obtains data on air emissions through a paper-based emissions statement submitted annually by the owner of a source of air pollution. The submitted data is then entered by DEP staff into an electronic database.
The EMIT system was developed by the DEP in partnership with CIBER, Inc., a system integrator and IT services provider. CIBER is continuing to provide assistance with creating the new inventory and managing the transfer of data.
“It was a privilege to support and be a part of the innovative initiatives undertaken by the Connecticut DEP,” said Tom Saltzer, CIBER Vice President and Area Director.
Under the federal CAA, certain facilities are required to report air emissions data for pollutants such as oxides of nitrogen, volatile organic compounds, sulfur dioxide, particulate matter, carbon monoxide, and lead. The emissions data is used for ambient impact analyses and strategic air planning.
The businesses that are required to report their emissions are praising the EMIT system.
“The EMIT Online electronic reporting system is a fantastic first step by the DEP in its development and implementation of an e-government program,” said Robert Silvestri, Environmental Operations Leader of PSEG Power Connecticut LLC, which operates power plants in New Haven and Bridgeport. “The system will benefit both the DEP and the regulated community in areas of efficiency, data validation and database management and retrieval in its replacement of the outdated paper process.”
James Romanski, Powerhouse EH&S Manager of Yale University said, “Yale and other stakeholders are very excited to begin using the new EMIT Web-based reporting system for reporting our air emissions this year. We know a great deal of thought and work went in to the preparation of this system. It’s great to see the DEP embracing Web-based reporting.”
Michigan’s Second Annual Green Chemistry Conference: A Catalyst for the Economy
The second annual Michigan Green Chemistry Conference is being held on October 20, 2010, at the Kellogg Conference Center on the campus of Michigan State University in East Lansing.
Organizations throughout Michigan are transforming the way they do business, with a focus on sustainability and the use of less-toxic materials and processes. The goal of this event, initiated by Governor Jennifer M. Granholm, is to promote green chemistry and protect Michigan’s environment and public health while catalyzing our economy.
The Michigan Green Chemistry Roundtable recently released a Call for Presentations and invites business leaders, engineers, chemists, researchers, teachers, policymakers, and anyone else interested in moving green chemistry forward in Michigan to participate in this conference. The deadline for submitting the Call for Presentations speaker form is April 16, 2010.
Utah DEQ Seeks Passage of Three Waste Management Bills
Three waste management related bills are in the Legislative hopper, all of which Utah’s Department of Environmental Quality hopes will sail through the current legislative session. Rep. Ronda Menlove (R-Garland) and Sen. Curt Bramble (R-Provo) plan to sponsor a bill that will help reform the financially strapped Environmental Quality Restricted Account ()—a fund that pays for oversight of waste management in the state but is faced with a projected $2 million deficit. The legislation is expected to increase fees the state collects from landfills and hazardous waste facilities and remove an annual $400,000 appropriation to the state’s General Fund.
“We are pleased with the commitment of the stakeholders and support of the Governor to find sustainable funding levels for the EQRA—protecting Utahns by maintaining adequate levels of waste oversight and inspections,” said Amanda Smith, executive director of DEQ.
In May, the Natural Resources, Agriculture, and Environment Interim Committee recommended that these acts be reauthorized for another 10 years.
The Waste Tire Recycling Act collects a small surcharge from consumers when they buy tires to help pay for the clean up of waste tire piles and recycle them. The fund is expected to come up short so DEQ has also been working with Rep. Neal Hendrickson (D-West Valley) to adjust the fees that would keep the fund self-supporting. The legislation would increase the fee—from $1 to $2 on large truck tires to help cover the cost of recycling.
Another potential bill that could emerge from the 2010 session is the establishment of a Great Salt Lake Commission. The Great Salt Lake Advisory Council, established by former Gov. Huntsman, recommended that a Commission be established to oversee the Great Salt Lake.
$130 Million Building Energy Efficiency Effort
The Obama Administration announced a multi-agency initiative to spur regional economic growth while making buildings more energy efficient. Seven federal agencies issued a combined Funding Opportunity Announcement of up to $129.7 million over five years to create a regional research center that will develop new building efficiency technologies and work with local partners to implement the technologies in area buildings.
Buildings account for nearly 40% of U.S. energy consumption and carbon emissions. Improvements in building efficiency will provide significant benefits—reducing energy use, lowering utility bills, and decreasing carbon emissions.
The agencies are working together to leverage funding and resources to promote regional growth through an Energy Regional Innovation Cluster (E-RIC) that is centered around an Energy Innovation Hub focused on developing new technologies to improve the design of energy-efficient building systems. This Energy Innovation Hub, one of three proposed by the Administration and funded by Congress in the FY10 budget, will bring together a multidisciplinary team of researchers, ideally working under one roof, to conduct research and work to solve priority technology challenges that span work from basic research to engineering development to commercialization readiness.
The E-RIC will work to disseminate new technologies into the local marketplace and share best practices with the public and private sectors. It will be supported through agency investments in technology and business development, and will include support for workforce education and training. By linking researchers at the Hub with local businesses and supporting specialized workforce education and training in the area, the initiative will create an economically dynamic region focused on building efficiency technologies.
“This unique partnership will not only advance the development of new, energy efficient technologies, it will help local governments, businesses, and homeowners save money on their utility bills by putting the technology to work,” said U.S. Secretary of Energy Steven Chu. “Energy efficient buildings represent one of our best and most immediate opportunities to create jobs, save money and cut carbon pollution.”
“President Obama is working every day to put Americans back to work, create good jobs, and strengthen our economy for the long-term,” Commerce Secretary Gary Locke said. “By leveraging resources across the federal government and building on regional strengths, we’ll improve business opportunities, enhance our nation’s global economic competitiveness and create sustainable, 21st century jobs.”
“The Department of Labor will engage local and regional networks of Workforce Investment Boards and One-Stop Career centers to ensure that workers reap the maximum benefit from this initiative,” said Secretary of Labor Hilda L. Solis. “This alignment of federal agency resources will allow us to have an even greater positive impact along the full economic spectrum. It will also help reduce the energy costs of buildings while spurring the creation of new jobs in green and energy efficient industries.”
“Regional innovation clusters create jobs and increase our global competitiveness. Through the Energy RIC, the SBA will help entrepreneurs and small business owners take the best research and commercialize it to grow the ‘green building’ industry into an economic powerhouse that will put people to work, save consumers money and help our environment,” said U.S. Small Business Administrator Karen Mills.
The E-RIC chosen under the funding opportunity will be based at a university, DOE national laboratory, nonprofit organization, or private firm, partnering closely with local or state government officials, and leveraging existing expertise of local architects, builders, and manufacturers. With this specialization, the regional economy could support other businesses that address the full production lifecycle for building technologies and thus create more jobs. Training and education can help narrow the gap between the supply and demand for workers in these specialized fields.
This effort will leverage the collective resources and expertise of seven federal agencies. The Department of Energy is providing up to $22 million for this project in the first year, with up to $100 million over the next four years. To encourage regional cooperation, the Department of Commerce’s (DOC) Economic Development Administration will make available up to $3 million in Public Works and Economic Development funds and up to $2 million in Economic Adjustment Assistance funds for the winning Proposal. The DOC Manufacturing Extension Partnership will make available up to $500,000 for a one-year award, with the possibility of renewal for up to two additional years, to support the services of an existing DOC-funded MEP Center. The U.S. Small Business Administration (SBA) will make up to $300,000 in the first year, with three one-year options for renewal grants up to $300,000 per year, available to provide the services of an existing SBA-funded Small Business Development Center to the Regional Innovation Cluster.
Current National Science Foundation (NSF) award recipients who are also co-applicants or ERIC partners of the winning consortium will be able to apply for supplemental funding from NSF through existing programs, particularly those designed for the training of students who will be the future leaders in sustainable energy. The Department of Labor (DOL) will support linkages between E-RIC funding and existing Workforce Investment Act (WIA) and grant-funded programs to help develop the skilled workforce needed for the cluster to grow and prosper. The Department of Education will provide technical assistance as appropriate to help E-RIC partners determine how to facilitate the Consortium’s objectives through the allowable use of funds under the E-RIC partners’ existing formula grants or subgrants.
Golden State Lumber, Inc. Fined $20,000 for Emissions Violations
The California Air Resources Board (ARB) has fined Golden State Lumber, Inc., $20,000 for failing to inspect its diesel trucks for compliance with the state’s smoke emissions standards. ARB investigators found that Golden State Lumber, Inc., failed to conduct diesel truck smoke tests between 2007 and 2008 as required by state law.
“Diesel particulate matter is a hazard to all Californians,” said ARB Enforcement Chief Jim Ryden. “By taking steps to reduce soot emissions, companies that operate in the state help clean the air.”
Under the penalty, Golden State Lumber must:
- Ensure that staff responsible for compliance with the diesel truck emission inspection program attend diesel education courses and provide certificates of completion within one year;
- Instruct vehicle operators to comply with the state’s idling regulations;
- Complete heavy-duty diesel engine software and control technology upgrades in compliance with regulations;
- Supply all smoke inspection records to ARB for the next four years; and
- Properly label engines to ensure compliance with the engine emissions certification program regulations.
The California Air Pollution Control Fund, established to mitigate various sources of pollution through education and the advancement and use of cleaner technology, will receive $15,000, and the remaining $5,000 will go to the Peralta Community College District to fund diesel education classes around the state.
Failure to inspect diesel vehicles can lead to an increase in harmful airborne particles that Californians breathe. In 1998, the ARB listed diesel particulate matter as a toxic air contaminant in order to protect public health. Exposure to diesel emissions can increase the risk of asthma, bronchitis and other respiratory diseases, and premature deaths.
Plant Manager Arrested for Environmental Violations
Investigators with the Louisiana Department of Environmental Quality Criminal Investigation Division and deputies from St. Landry Parish Sheriff’s Office have arrested an Opelousas man on 12 felony charges involving criminal violations of Plaisance Development Corporation’s water discharge permits.
The director of Plaisance Development Corporation, Joseph L. Jones, is alleged to have knowingly violated his Louisiana Pollution Discharge Elimination System permit by not providing monitoring results, causing or allowing unpermitted discharges, and failing to provide proper operation and maintenance for these units. Plaisance Development Corporation operates six wastewater treatment units in Evangeline Parish. The arrest took place in conjunction with a search warrant executed at both Jones’ residence and the office of Plaisance Development Corporation.
“DEQ will not tolerate business owners who attempt to cut corners by allowing the illegal dumping of untreated wastewater,” DEQ Secretary Peggy Hatch said. “We will continue to protect human health and the environment by pursuing anyone found to be allowing or engaging in illegal disposals and discharges.”
Violations of LPDES permit provisions, upon convicted, can result in a fine of not less than $5,000, but no more than $50,000 per day of violation, or imprisonment for not more than three years, with or without hard labor, or both. Both Jones and Plaisance Development Corporation face the same felony charges. Jones also faces civil penalties for violations relating to his water discharge permit.
Cuming Corp. Fined $109,464 for Air Quality and Hazardous Waste Management Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized Cuming Corporation and its affiliate Cuming Microwave Corporation for air quality and hazardous waste management violations at its facility in Avon, Massachusetts.
MassDEP determined that the facility did not install an oxidizer to control emissions of volatile organic compounds (VOC) when required to do so under a MassDEP permit. Cuming Corporation also used substitutes for previously-approved raw materials without approval. The violations resulted in excess emissions of VOCs and hazardous air pollutants (HAPs) in 2008.
Cuming Corporation and its affiliate Cuming Microwave manufacture foam products at this facility for its customers, which include the offshore oil and gas industry. In June 2008, MassDEP received notification from the facility that it had exceeded its 2002 approved emission limits due to production changes. A follow-up inspection by MassDEP staff later determined that the violations dated back to 2007.
“MassDEP was notified only after the substitution of raw materials was made, and the facility had exceeded the limit above which an oxidizer should have been installed” said David Johnston MassDEP’s director of the southeast region located in Lakeville. “MassDEP is willing to work with companies that are looking to make changes that affect emissions; but it is essential that emissions are properly controlled and that MassDEP is made aware of changes in emissions before, not after, they occur.”
Cuming Corporation also accumulated a drum of hazardous waste in excess of the 180-day period of accumulation and had hazardous waste management violations related to labeling, training, weekly inspections, and emergency contact lists.
Under a consent order signed with MassDEP, the facility has agreed to pay the full $109,464 penalty and to meet monthly and annual interim emission limits until such time as MassDEP issues a new permit for the facility. The oxidizer has already been installed. In addition, the facility has corrected the hazardous waste management violations.
Hazardous Waste Transporter to Pay $1,450 Penalty for Violating Hazardous Waste and Industrial Wastewater Requirements
MassDEP has assessed a $1,450 penalty to New England Disposal Technologies Inc., of Sutton, Massachusetts, for violating hazardous waste management and industrial wastewater regulations. The company, a Massachusetts-licensed hazardous waste transporter, was also required to conduct a SEP.
During a routine compliance inspection conducted in March 2009, MassDEP personnel determined that New England Disposal Technologies had violated hazardous waste regulations by storing hazardous waste in one of its vehicles for greater than the allowable five-day limit. In addition, the company failed to record hazardous waste container inspections, retain hazardous waste inspection logs for a three-year period, and file a compliance certification for its industrial wastewater discharges.
In a recently finalized consent order, the company agreed to maintain compliance with all applicable regulations, pay the penalty, and to perform a SEP valued at $3,850. The SEP required the airing of a public service announcement on local radio stations and was directed to vehicles operators, informing them of who they should contact in the event of a fuel spill.
“New England Disposal Technologies quickly corrected their procedures when the violations were identified,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. “The Supplemental Environmental Project will help ensure that MassDEP is immediately contacted in the event of a fuel spill.”
Astro-Coatings Agrees to $23,000 Penalty to Settle Hazardous Waste Violations
Astro-Coatings in Struthers, Ohio, has agreed to pay a $23,000 civil penalty to Ohio EPA to resolve hazardous waste violations. The company has come into compliance and is taking steps to ensure that it will stay that way.
On March 25, 2008, an Ohio EPA inspection found that Astro-Coatings sent hazardous waste to a facility that was not licensed to accept it. In addition, the facility also failed to:
- Evaluate waste it generated to determine if it was hazardous waste;
- Identify the date of shipment for hazardous waste transported November 30, 2007;
- Label and date hazardous waste containers;
- Label and close hazardous waste satellite containers;
- Maintain a written description of the type and amount of both introductory and continuing training to be given to each person who is involved with hazardous waste generated at the facility;
- Conduct hazardous waste accumulation area inspections;
- Retain a copy of the land disposal restriction notification form;
Astro-Coatings paints aluminum products. Spent solvents, paint waste, and waste acid are some of the hazardous wastes the company generates.
Sugar Creek Packing Co. Fined for Risk Management Plan Violations
Sugar Creek Packing Company has agreed to pay a $5,312 civil penalty for violations at its Washington Courthouse, Ohio facility, and $10,880 for its Dayton, Ohio location and correct deficiencies in its risk management plans for both locations as part of settlements with Ohio EPA.
The company owns and operates bacon processing facilities located in Washington Courthouse and in Dayton. As part of the refrigeration process, the company uses anhydrous ammonia.
Because of the amount of anhydrous ammonia at each of the premises, the company must file risk management plans with Ohio EPA outlining a program to prevent accidental releases. The plans include information about staff training and handling procedures for working with the chemical as well as describing a worst case scenario for an anhydrous ammonia release.
The worst case scenarios in the plans are useful in case of emergency releases. Companies often coordinate plan development with local fire departments and other emergency responders. For its Washington Courthouse facility, the company did not submit a plan for the facility for the time between June 1999 and September 11, 2007, and did not implement many of the plan’s requirements before 2004. The Dayton facility did not have a plan between 2002 and 2007.
$22,000 for Asbestos Notification and Removal Violations
D. Todd Hosea, doing business as Hosea Project Movers (Project Movers), of Covington, Kentucky, has paid a $22,000 penalty for violating Ohio’s asbestos emission control standards at the Crosley Building, in Cincinnati. Hamilton County Department of Environmental Services (HCDOES), which serves as Ohio EPA’s contractual representative administering air pollution control programs in the greater Cincinnati area, discovered and documented the violations. HCDOES referred the case to Ohio EPA for enforcement.
During 2007, the Cincinnati Fire Department ordered Project Movers to completely remove the Crosley Building’s interior. Ohio law requires commercial and industrial building owners and operators to evaluate whether asbestos is present before demolition or major remodeling. If asbestos is present in sufficient amounts, specific steps must be taken to keep it from becoming airborne.
When in a dry state and disturbed, asbestos breaks up into small fibers that can be released to the air if not properly controlled during removal and disposal activities. If inhaled, airborne asbestos can pose health risks including respiratory diseases.
On September 6, 2007, HCDOES staff inspected the Crosley Building and found friable asbestos. Violations documented as a result of the inspection include failure to:
- Notify HCDOES before beginning renovation;
- Properly remove asbestos before renovation;
- Keep asbestos wet so that it cannot become airborne;
- Seal all asbestos-containing waste material in durable leak-tight containers; and
- Comply with labeling requirements.
Pennsylvania DEP Fines Exide $225,000 for Air Quality Monitoring, Reporting Violations
The DEP fined Exide Technologies $225,000 for air quality violations at the company’s Berks County lead smelting facility where it failed to operate lead detectors for extended periods of time from 2006 to 2009.
“The smelting process creates air pollution emissions and these detectors are important to identifying when lead is released into the atmosphere,” said DEP South-central Regional Director, Rachel Diamond. “By returning these monitors to constant operation, Exide is again using its resources to protect the air for residents in the surrounding communities.”
The baghouse detectors used by Exide are machines that filter and capture dust emissions. Additional violations included failure to report system malfunctions promptly and causing malodors beyond the company’s property. Diamond said Exide has corrected the noted violations and no documented malodor violations have been recorded since October 2008.
“In recent years, Exide has taken steps to reverse the trend of violations at the site,” said Diamond. “However, it is counterproductive to allow key emissions monitoring equipment to be inoperable. Exide must make every effort to maintain and operate its facility in the most efficient and effective manner possible.”
Exide continues to operate under the terms of a 2007 consent order and agreement to address malodor issues at the site. The company has submitted to DEP a renewal application for its Title V operating permit. DEP is reviewing the comments received at a public hearing held in November on the permit renewal.
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Trivia Question of the Week
Which of the following is a finalist at the Greener Gadgets Design Competition being held on February 26 in New York?
a. Typo: a laptop computer powered solely by fingertip typing energy
b. Corky: a battery-free wireless mouse, powered by the movement of the mouse
c. Light-R: an indoor light bulb that absorbs light during the day and emits it on demand at night
d. Sham-B: bedding derived from bamboo that warms you in the winter and cools you in the summer