The rule will require permits facilities emitting over 25,000 tons of GHGs. The permitting requirements for these facilities would include demonstrating that they are using the best practices and technologies to minimize GHG emissions.
Permits will be required for nearly 70% of the nation’s largest stationary source GHG emitters—including power plants, refineries, and cement production facilities. Small emitters, such as farms, restaurants, office buildings, and many other types of small facilities will not be subject to these permitting programs.
The six GHGs that may be covered by an EPA rule controlling or limiting their emissions include:
1. Carbon dioxide (CO2)
2. Methane (CH4)
3. Nitrous oxide (N2O)
4. Hydrofluorocarbons (HFCs)
5. Perfluorocarbons (PFCs)
6. Sulfur hexafluoride (SF6)
Once this proposal is published in the Federal Register, EPA will accept comments for 60 days.
EPA Administrator Jackson Unveils New Framework for U.S. Chemical Management Reform
In a September 29, 2009, speech in San Francisco, EPA’s Administrator Lisa Jackson announced core principles that outline the Obama Administration’s goals for legislative reform of this country’s chemical management law, the 1976 Toxic Substances Control Act (TSCA). In parallel with this legislative initiative, Administrator Jackson also announced plans for a major effort to strengthen EPA’s current chemical management program and increase the pace of the agency’s efforts to address chemicals that pose a risk to the public.
In her remarks, Administrator Jackson said, “...as more and more chemicals are found in our bodies and the environment, the public is understandably anxious and confused. Many are turning to government for assurance that chemicals have been assessed using the best available science, and that unacceptable risks haven’t been ignored. Our oversight of the 21st century chemical industry is based on the 1976 Toxic Substances Control Act...over the years, not only has TSCA fallen behind the industry it’s supposed to regulate—it’s been proven an inadequate tool for providing the protection against chemical risks that the public rightfully expects. Today I’m announcing clear Administration principles to guide Congress in writing a new chemical risk management law that will fix the weaknesses in TSCA.”
With the leadership of Senators Barbara Boxer and Frank Lautenberg and Representatives Henry Waxman and Bobby Rush, legislation strengthening TSCA is expected to be introduced shortly.These principles, listed below, present the administration’s goals for legislation that will give EPA the mechanisms and authorities to expeditiously target chemicals of concern and promptly assess and regulate new and existing chemicals in commerce:
- Chemicals should be reviewed against risk-based safety standards based on sound science and protective of human health and the environment
- Manufacturers should provide EPA with the necessary information to conclude that new and existing chemicals are safe and do not endanger public health or the environment
- EPA should have clear authority to take risk management actions when chemicals do not meet the safety standard, with flexibility to take into account sensitive subpopulations, costs, social benefits, equity and other relevant considerations
- Manufacturers and EPA should assess and act on priority chemicals, both existing and new, in a timely manner
- Green Chemistry should be encouraged and provisions assuring Transparency and Public Access to Information should be strengthened
- EPA should be given a sustained source of funding for implementation
Although legislative reform is necessary for an effective chemicals management program, EPA is committed to strengthening the performance of the current program while Congress considers new legislation. This enhanced plan includes the development of chemical action plans which will outline the agency’s risk management efforts on those chemicals of greatest concern. EPA has identified an initial list of chemicals for possible risk management action and anticipates completing and posting an initial set of four action plans in December. It will complete and post additional chemical action plans in four-month intervals thereafter.
An additional focus will be accelerating efforts to gather the critical information from industry that the agency needs to make chemical risk determinations. This will include filling the current gaps in health and safety data on high production volume chemicals; enhanced, transparent, and more current reporting of use and exposure information; and a number of requirements for increased reporting on nanoscale chemical materials. In addition, EPA is reviewing how nanoscale materials are managed under TSCA. EPA is also reviewing ways to increase the public’s access to information about chemicals.
Prioritizing chemicals for future risk management action is the final component of this effort and EPA intends to formally engage stakeholders and the public in this discussion in the coming months.
Ohio EPA Automates Annual Hazardous Waste Reports with eDRUMS
Ohio’s Division of Hazardous Waste Management (DHWM) is working with Ohio EPA’s Office of Information Technology Services to create a new Web-based software called eDRUMS. eDRUMS, which will replace the DRUMS Data Entry Module (DEM), will be used to electronically complete and submit the annual hazardous waste report. eDRUMS has features that will make it easier and more efficient to use compared to the DEM. In addition, users will no longer need to download and install software. Edit checks will help users submit a higher quality report and the electronic reports are much easier for DHWM to process.
Some Ohio facilities may already be familiar with the eBusiness Center from filing reports with the air and water programs in the state.
Beginning with the 2009 report due in 2010, use of the DRUMS PIN will be replaced by the use of an eBusiness Center PIN issued to the responsible official (RO) at their request. The eBusiness Center PIN uniquely identifies the individual it is assigned to and can be used for all regulatory programs that use eBusiness Center for electronic submissions. If the RO already has a PIN for water or air data submissions, there is no need to obtain another.
Ohio EPA’s DHWM will offer eDRUMS and eBusiness Center training after the system is online. Training announcements will be sent to all annual report listserv subscribers.
Washington to Require Reporting GHG Emissions
The state of Washington has taken several steps to begin responding to climate change. Executive Order 07-02 established goals for the statewide reduction of emissions of greenhouse gases within Washington over the next several decades as one of the methods of addressing climate change. The 2007 Legislature passed Chapter 80.80 RCW which established statutory goals for statewide reductions in greenhouse gases and set a greenhouse gas emissions performance standard for baseload electric power generation. E2SHB 2815, passed by the 2008 Legislature as part of the Governor’s Climate Change Framework and primarily codified in Chapter s 70.235 RCW and 70.94 RCW, requires the state to meet the emissions reductions goals established in 2007 and includes additional actions to reduce emissions of greenhouse gases and build a clean energy economy. One element of this legislation is a requirement for owners or operators of large mobile sources and large stationary sources of greenhouse gases to begin reporting emissions, beginning with 2009 emissions reported in 2010.
Washington’s Department of Ecology (Ecology) is directed by statute to adopt rules to develop and implement a reporting system for those entities required to report. Establishing an inventory of greenhouse gas emissions will support future policy initiatives to meet the emissions reductions established in RCW 70.235.020.
- A fleet of on-road motor vehicles that as a fleet emit at least 2,500 metric tons of greenhouse gases annually in the state; or
- A source or combination of sources that emit at least 10,000 metric tons of greenhouse gases annually in the state.
This rulemaking will establish a new chapter of regulations, Chapter 173-441 WAC—Reporting of Emissions of Greenhouse Gases.
EPA Finds PCB-Containing Equipment for Sale on eBay
Advertising old electrical equipment on eBay that contained polychlorinated biphenyls (PCBs) turned out to be a losing proposition for Railside LLC, a factory surplus liquidator, after the sale was discovered by the EPA and the company fined. The Caledonia, New York based company advertised an old capacitor for sale without having it properly marked or stored as required under the federal regulations governing toxic substances. PCBs are man-made chemicals that persist in the environment and were widely used in electrical products prior to 1978. PCBs can affect the immune system, reproductive system, nervous system and cause cancer in animals.
“The environment is definitely the winning bidder on this one, as the case will raise awareness among all buyers and sellers that environmental regulations must be followed, even through online sales,” said George Pavlou, Acting EPA Regional Administrator. “There are untold numbers of electrical equipment such as capacitors and transformers for sale all over the world. If they were made prior to the ban, they could contain PCBs, so let the buyer beware.”
PCB-containing electrical equipment must be marked so that it is easily recognizable and not disposed of improperly. EPA investigators found Railside offering to sell the unmarked General Electric Pyranol capacitor on eBay, an online auction Web site. EPA then inspected the seller’s warehouse, and alleged that Railside violated PCB regulations by failing to mark its capacitor with a label identifying it as containing PCBs as prescribed by federal law. Railside responded quickly and cooperated with EPA; the Agency settled for a penalty of $250 and an enforceable agreement to properly dispose of the PCB-containing equipment. This disposal cost the seller $1,200. It should be noted that eBay was not a party to this enforcement action and did not violate any environmental regulations in this case.
PCBs had been widely used in hundreds of industrial and commercial applications until they were banned in 1979. Electrical equipment such as capacitors and transformers, as well as many other consumer and industrials products, may contain PCBs. More than 1.5 billion pounds of PCBs were manufactured in the United States before the EPA banned their use with very narrow exceptions.
This action was brought under the Toxic Substances Control Act, the federal law regulating the use and disposal of PCBs. The regulations are designed to protect the public and the environment from being exposed to PCBs.
Formosa Plastics Plants Fined $2.8 Million for Multiple Environmental Violations
Formosa Plastics Corp., Texas, and Formosa Plastics Corp., Louisiana, will spend more than $10 million on pollution controls to address air, water, and hazardous waste violations at two petrochemical plants in Point Comfort, Texas, and Baton Rouge, Louisiana. The companies also have agreed to pay a civil penalty of $2.8 million to resolve violations under the CAA, Clean Water Act (CWA), Resource Conservation and Recovery Act (), and the Emergency Planning and Community Right-to-Know Act ().
Under the agreement, both the Texas and Louisiana facilities will implement a comprehensive CAA enhanced leak detection and repair program, which goes beyond regulatory requirements by requiring more stringent leak definitions, more frequent monitoring and monitoring and repair of additional chemical manufacturing equipment. The leak prevention practices agreed to in the settlement include an innovative program to replace valves with new low leak valve technology, which will significantly reduce the likelihood of future leaks of air pollutants. The enhanced program also includes requirements for periodic audits of the companies’ leak prevention practices to ensure compliance going forward.
The enhanced leak detection and repair program will potentially reduce the annual volatile organic compound (VOC) air emissions from the two Formosa facilities by approximately 6,570,000 pounds per year of VOCs, including hazardous air pollutants such as vinyl chloride. Additionally, the Formosa facility will also undertake an innovative enhanced vinyl chloride leak detection and elimination program designed to improve the companies’ systems for identifying and addressing leaks of vinyl chloride.
Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Vinyl chloride is an odorless gas; it is an ozone precursor and known carcinogen that is also linked to neurological disorders.
The settlement requires both facilities to undertake analyses to prevent future wastewater discharge violations. The Formosa Texas facility will undertake a comprehensive review of its compliance with EPCRA’s toxic release reporting requirements, and the Formosa Louisiana facility will cease improper disposal of certain listed hazardous wastes.
This is the eighth settlement in a series of cases developed as part of EPA’s enforcement effort to ensure environmental compliance in the PVC manufacturing industry. Since the first PVC civil case was concluded in 2004, EPA has addressed noncompliance across media (i.e., air, water, and waste) at 13 PVC manufacturing facilities, and will reduce vinyl chloride emissions by a total of 152,000 pounds per year.
Sanitation District will Pay $900,000 Penalty to Settle CWA Violations in Chesapeake Bay Area
Hampton Roads Sanitation District (HRSD), based in Virginia Beach, Virginia, has agreed to pay a $900,000 civil penalty and to take corrective actions to reduce alleged sanitary sewer overflows from its collection system and nine sewage treatment plants that have polluted the Chesapeake Bay and its tributaries, the Justice Department, EPA, and the Commonwealth of Virginia have announced.
Under the terms of the settlement, HRSD is required to collect data, conduct computer modeling, and, working with the municipalities that it serves, develop a regional plan to ensure that the HRSD sewer system has adequate capacity to handle flows from severe storms and to prevent overflows of sewage. Subsequently, HRSD must implement the regional plan. Since HRSD has not identified the projects pending completion of the plan, the cost of that effort is currently unknown although it is expected to cost millions of dollars.
The settlement also requires HRSD to make major upgrades and improvements to the sewer system infrastructure over the next eight years. These upgrades are estimated to cost at least $140 million. The settlement requires that HRSD evaluate, replace, rehabilitate, or upgrade pipes, pump stations and other infrastructure where inspections and screenings show a material risk of failure. HRSD also must submit and implement a plan to effectively manage, operate and maintain the sanitary sewer system to help prevent future sanitary sewer overflows.
“Today’s settlement represents EPA’s continuing commitment to protect and restore the health of the Chesapeake Bay,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Compliance and Assurance. “EPA’s compliance and enforcement strategy targets sewage treatment plants, concentrated animal feeding operations, storm water runoff and other sources that may contribute significant pollution to the bay.”
HRSD treats wastewater for 17 counties and cities in Virginia and serves 1.6 million people. HRSD has the capacity to treat up to 231 million gallons of wastewater per day and includes 13 sewage treatment plants, 81 pumping stations, and over 500 miles of pipes.
Helena Chemical Co. to Pay $208,000 to Settle Air Quality Permit Violations
Helena Chemical Co., will pay a civil penalty to the state of $208,331 as part of a settlement agreement with the New Mexico Environment Department stemming from 10 violations of the company’s air quality permit for its Mesquite, N.M. fertilizer facility. The settlement and final order resolves 10 violations in a compliance order the Environment Department issued against the Tennessee-based business in July 2008. Those violations included neglecting to conduct testing and monitoring to make sure air quality standards were met and failing to maintain records of plant operations. The facility processes and distributes agricultural chemicals, including fertilizer, at its facility in Mesquite, New Mexico.
“Helena must pay a considerable penalty for violating state air quality laws that any responsible business owner would find reasonable to follow,” said NMED Environmental Protection Division Director Jim Norton. “We will continue to monitor the company to ensure its operations do not endanger residents or the environment.”
The compliance order stemmed from evidence collected during inspections by NMED at the facility. Seven inspections conducted by the Department’s Air Quality Bureau between March and June 2007 uncovered the 10 violations of the Air Quality Control Act, Air Quality Control Regulations and Helena’s air permit with the department. Those alleged violations included allowing emissions from the facility to escape outdoors; having a malfunctioning chute that allowed emissions to escape during product loading; failing to follow best engineering practices by keeping doors open while off-loading fertilizer into trucks; failing to keep the south haul road swept to control dust; failing to conduct compliance tests of regulated equipment on schedule; failing to notify the department of the installation of new equipment; failing during two periods of time to monitor differential pressure in inches of water across the dust collection system; neglecting to conduct inspections of building enclosures and to keep records of those inspections; failing to use proper methods of observing emissions during various operations; and neglecting to maintain daily and annual production rates for emissions limits.
The department first issued an air quality permit to the company in November 2005. Helena’s permit resulted from an enforcement action the department took against the company in 2004 for operating without a permit for a number of years. The department issued a notice of violation and assessed a penalty of $238,000 to the company in November 2004 for operating its facility without an air quality permit. Helena releases from its facility air pollutant emissions that the state has deemed can be harmful to the health of residents and the environment. In October 2008, the company submitted a request to the department to terminate its air quality permit. The department has not terminated the permit and Helena’s request is under review pending additional information to be submitted by the company.
In addition to two air quality enforcement actions, Helena has been subject to a ground water enforcement action and a required ground water clean up. Helena paid a $30,000 penalty to the State after the company failed to report a chemical fertilizer spill in September 2006 that threatened ground water. Helena is currently under an abatement plan as a result of two nitrate plumes which stretch over several acres. The groundwater contaminants above water quality standards and background concentrations include nitrate, sulfate, chloride, total dissolved solids, and fluoride. Nitrate is the main contaminant of concern. No domestic or public wells have been contaminated.
For more information, call Marissa Stone Bardino at 505-827-0314 or 505-231-0475.
EPA Fines Bremner Food Group $20,310 for CAA Violations
EPA Region 5 has reached an agreement with Bremner Food Group Inc., on alleged clean-air violations at the company’s cookie manufacturing plant in South Beloit, Illinois. The agreement, which includes a $20,310 penalty and an environmental project costing $95,000, resolves EPA allegations that Bremner failed to include in its state operating permit application potential emissions of ozone-producing volatile organic compounds (VOCs) from its flavoring production line.
For its environmental project, Bremner will replace refrigerant in a cooling unit at its South Beloit plant with a nonozone-depleting substance within six months.
Water Treatment Supervisor Sentenced for Concealing Violations of Safe Drinking Water Act
The Justice Department has announced that a former supervisor of the water treatment facility in Ft. Gibson, Oklahoma, Christopher Neil Gauntt, has been sentenced to serve six months home confinement for submitting false statements that concealed violations of the Safe Drinking Water Act. Gauntt was also sentenced to pay a $5,000 fine and serve five years probation following the term of confinement.
On April 29, 2009, Gauntt pleaded guilty to a one-count felony charging him with making false statements in a monthly operational report submitted to the Oklahoma Department of Environmental Quality (DEQ). Gauntt, while serving as the supervisor at the Ft. Gibson Water Treatment Plant, submitted monthly operational reports for drinking water which contained false test entries for water turbidity and residual disinfectant levels. Oklahoma DEQ relies on the accuracy of information from wastewater treatment plant supervisors to ensure that water supplied by the Ft. Gibson Water Treatment Plant is in compliance with the Safe Drinking Water Act and is safe for the public to drink.
Under the federal Safe Water Drinking Act, which is administered and enforced by DEQ, as well as the U.S. EPA, the Fort Gibson water treatment plant must provide drinking water that meets standards to ensure that the water is safe for human consumption. Two of the standards that must be met include turbidity and chlorine. If turbidity, the measure of clarity of drinking water, or chlorine levels are not within levels required by the Safe Drinking Water Act, there is a potential risk that the water could retain micro-organisms that carry waterborne diseases including dysentery.
There was no indication that Gauntt’s actions caused any actual harm to individuals who consumed the drinking water from the plant.
“Falsifying environmental reports, especially those dealing with safe drinking water, is unacceptable,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This sentence should remind all of us that violating the public’s trust will result in prosecution and punishment.”
Green Power Partnership Renewable Energy Leaders Announced in EPA Region 3
Two mid-Atlantic region based organizations—Maryland-based real estate firm Foulger-Pratt Management, Inc., and the Western Pennsylvania Energy Consortium (WPEC)—received awards for their sizeable purchases of renewable energy.
In 2009, Foulger-Pratt Management purchased more than 34 million kilowatt-hours of wind-derived renewable energy certificates to power 74% of its facilities. During 2009, WPEC plans to increase its use of green power to 15% of their annual electricity needs to assist the consortium reach its goal of reducing its 2003 GHG level by 20%by 2023.
EPA Raises Penalties for Excess Title IV Acid Rain Nitrogen Dioxide and Sulfur Emissions
The Acid Rain Program under title IV of the Clean Air Act limits annual sulfur dioxide and nitrogen oxide emissions of fossil fuel-fired utility units. Under the Acid Rain Program, affected sources must hold enough allowances to cover their sulfur dioxide emissions, and certain coal-fired sources must meet an emission limit for nitrogen oxides. Under 40 CFR 77.6, sources that do not meet these requirements must pay a penalty without demand to the Administrator based on the number of excess tons emitted times $2,000 as adjusted by an annual adjustment factor, which must be published in the Federal Register.
The annual adjustment factor for adjusting the penalty for excess emissions of sulfur dioxide and nitrogen oxides under 40 CFR 77.6(b) for compliance year 2009 is 1.7583. This value is derived using the CPI for 1990 and 2009 (defined respectively at 40 CFR 72.2 as the CPI for August of the year before the specified year for all urban consumers) and results in an automatic penalty of $3,517 per excess ton of sulfur dioxide or nitrogen oxides emitted for 2009.
The annual adjustment factor for adjusting the penalty for such excess emissions under 40 CFR 77.6(b) for compliance year 2010 is 1.7322. This value is derived using the CPI for 1990 and 2010 and results in an automatic penalty of $3,464 per excess ton of sulfur dioxide or nitrogen oxides emitted for 2010.
EPA Region 3 Welcomes New Members to Sustainability Partnership
The Sustainability Partnership helps organizations that expend large quantities of energy, water, and natural resources, providing them with cost-effective ways to save money and minimize any adverse affects on the environment in their redevelopment/cleanup efforts.
The new members include U.S. Steel Corporation’s Keystone Industrial Port Complex (KIPC), the developer of an industrial complex and brownfield. KIPC’s two tenants, AE Polysilicon and Abington Reldan Metals, have joined the Sustainability Partnership as well. AE Polysilicon develops materials for use in the production of solar energy and Abington Reldan Metals reclaims metals used in computers and electronics that otherwise become toxic waste.
Program partners receive EPA assistance to collect data, implement sustainability plans and voluntary programs, and will benefit from reduced purchasing, disposal costs, and improved operating efficiency.
Voluntary Initiative Helps Cities Reduce Greenhouse Gas Emissions
Specifically, any agency, company, or organization with a service, expertise, product, or needed resources that can help member cities reduce emissions, or who commit to improve their environmental footprint, may apply as a national partner.
EPA offers assistance (e.g., technical support, training, and funding) to help communities achieve the project objectives by identifying local issues, building partnerships, and providing technical expertise and resources. Benefits of participating in SSI include cost savings, tax advantages, and recognition.
Pennsylvania Church Wins Energy Star Award
By undergoing Energy Star standard improvements in their heating and air conditioning systems, acquisition of Energy Star appliances and energy efficient lighting, and enhancing public awareness with a “Green Christianity” speaker series, the church is saving more than $30,000 each year in energy costs. This more than 86,500 kWh and almost 11,000 therms of natural gas per year which represents a reduction in GHG emissions equivalent to the CO2 emissions from the electricity use of 19 homes.
EPA’s Water Quality Standards Academy Makes NPDES Permit Program Monitoring Module Available
EPA’s Water Quality Standards Academy Online (WQSA Online) has posted its fourth Basic Course: Supplemental Topics module focusing on monitoring and assessment in the National Pollutant Discharge Elimination System (NPDES) Permit Program. The new online module provides an overview of the regulatory program established under the CWA, which authorizes the issuing of permits to control the discharge of pollutants from point sources into waters covered by a state or tribe’s water quality standards. Since its introduction in 1972, significant improvement in the nation’s water quality has been attributed to implementation of the NPDES permit program. Similar to the Key Concepts modules, the Supplemental Topics modules present text-based information across a sequence of pages that include links to further information and resources, and conclude with a brief quiz.
Because these modules are supplemental, they are not associated with the Certificate of Completion earned by completing the Key Concepts modules.
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Trivia Question of the Week
According to the EPA, what is the biggest source of lead put into the environment each year?
a. Coal fired power plants
b. Lead smelters
c. Lead wheel weights
d. Paint