Power plants and other industrial facilities emit SO2 directly into the air. Exposure to SO2 can aggravate asthma, cause respiratory difficulties, and result in emergency room visits and hospitalization. People with asthma, children, and the elderly are especially vulnerable to SO2’s effects.
“Short-term exposures to peak SO2 levels can have significant health effects—especially for children and the elderly—and leave our families and taxpayers saddled with high health care costs,” said EPA Administrator Lisa P. Jackson. “We’re strengthening clean air standards, stepping up monitoring and reporting in communities most in need, and providing the American people with protections they rightly deserve.”
EPA is taking comments on a proposal to establish a new national one-hour SO2 standard, between 50 and 100 ppb. This standard is designed to protect against short-term exposures ranging from five minutes to 24 hours. Because the revised standards would be more protective, EPA is proposing to revoke the current 24-hour and annual SO2 health standards.
EPA also is proposing changes to monitoring and reporting requirements for SO2. Monitors would be placed in areas with high SO2 emission levels as well as in urban areas. The proposal also would change the Air Quality Index to reflect the revised SO2 standards. This change would improve states’ ability to alert the public when short-term SO2 levels may affect their health.
The proposal addresses only the SO2 primary standards, which are designed to protect public health. EPA will address the secondary standard—designed to protect the public welfare, including the environment—as part of a separate proposal in 2011.
EPA first set National Ambient Air Quality Standards for SO2 in 1971, establishing both a primary standard to protect health and a secondary standard to protect the public welfare. Annual average SO2 concentrations have decreased by more than 71% since 1980.
The public comment period will be open for 60 days after the proposal is published in the Federal Register. EPA will hold a public hearing on January 5, 2010, in Atlanta and must issue final standards by June 2, 2010.
New Interactive Tools Show Continuing SO2 Reductions at Coal-Fired Power Plants
Using interactive charts and Google Earth satellite maps, the public can now observe recent changes in SO2 emissions and other indicators at individual coal-fired power plants in the Acid Rain Program.
The Acid Rain Program was established under the 1990 Clean Air Act Amendments requiring power plants to reduce emissions of SO2 and nitrogen oxides (NOx)—the primary causes of acid rain. Since 1995, the program has achieved significant environmental and public health benefits. In 2008, electric generating units subject to the market-based cap and trade SO2 program emitted 7.6 million tons of SO2, well below the current annual emission cap of 9.5 million tons.
Guidance on Packaging, Transportation, Receipt, Management, and Long-Term Storage of Mercury
Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
On March 12, 2008, EPA announced the final decision on the ozone national ambient air quality standards (NAAQS). Soon after that decision was signed on March 27, 2008 (73 FR 16436), the Clean Air Scientific Advisory Committee (CASAC) held an unsolicited public meeting and criticized EPA for setting primary and secondary standards that were not consistent with advice provided by the CASAC during review of the NAAQS. On July 25, 2008, several environmental and industry petitioners, as well as a number of States, sued EPA on the NAAQS decision, and the Court set a briefing schedule for the consolidated cases on December 23, 2008. On March 10, 2009, EPA requested that the Court vacate the briefing schedule and hold the consolidated cases in abeyance for 180 days. This request for extension was made to allow time for appropriate EPA officials appointed by the new Administration to determine whether the standards established in March 2008 should be maintained, modified, or otherwise reconsidered.
Announcement of reconsideration of the March 2008 NAAQS decision occurred on September 16, 2009. The current rulemaking schedule calls for a NAAQS proposal (including a proposal to stay implementation designations for the March 2008 NAAQS) to be signed by December 15, 2009, with the final rule to be signed by August 31, 2010. Reconsideration of the NAAQS will be limited to information and supporting documentation available to EPA and in the docket at the time of the March 2008 decision.
Oil and Gas Fugitive Green House Gas (GHG) Emissions Reporting Rule
In a recent Notice of Proposed Rulemaking, EPA proposed to require reporting of greenhouse gas emissions from the oil and gas industry. This rule applies to sectors of the oil and gas industry which have significant fugitive and vented emissions of carbon dioxide and methane (e.g., natural gas transmission compression, distribution, etc.). The rule would not require control of greenhouse gases, instead, it would require only that sources above certain threshold levels monitor and report emissions.
This sector was originally proposed in the Mandatory Greenhouse Gas Reporting Rule and is now being re-proposing based on comments that were received.
Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs
EPA has proposed green house gas reporting requirements for five different source categories which include: Electronics Manufacturing, Fluorinated Gas Production, SF6 in Electric Power Systems, Manufacturers of Electrical Equipment, and Importers of Pre-charged Equipment and Closed-Cell Foams. The purpose of the proposed rule is to collect accurate and comprehensive emissions data to inform future climate change policies.
In a notice of proposed rulemaking published in the Federal Register on April 10, 2009, as required by the FY2008 Consolidated Appropriations Act, EPA proposed reporting requirements for a number of different source categories including Electronics Manufacturing, SF6 in Electric Power Systems, and Fluorinated Gas Production. Due to the complexity of comments received, EPA did not finalize requirements for Electronics Manufacturing, SF6 in Electric Power Systems, and Fluorinated Gas Production, and is re-proposing reporting requirements for those three source categories in this action. EPA did not propose reporting requirements for Manufacturers of Electrical Equipment or for Importers of Pre-Charged Equipment and Closed-Cell Foam in the April 2009 proposed rule. In this action, EPA will propose reporting requirements for those two source categories.
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Revisions to Air Monitoring Test Methods and Testing Regulations
In a Notice of Proposed Rulemaking, EPA will make needed corrections and updates to source testing methods and testing provisions in 40 CFR Parts 60, 61, and 63. For example, Method 5, which determines particulate matter from stationary sources is being edited to remove silica gel as the prescribed drying agent. Silica gel has been listed as a potential carcinogen and other agents that are safer and more environmentally friendly are being prescribed. In Method 2, which determines stack gas velocity, a misplaced square root sign in one of the equations is being corrected. This is a periodic action that is done every several years to keep the rules up-to-date and to ensure compliance testing and monitoring are being performed correctly.
EPA Requires Reporting of GHGs from Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production
On September 22, 2009, EPA Administrator Jackson signed a final rule establishing GHG reporting requirements for approximately 10,000 facilities and suppliers in the U.S. There were a few source categories originally included in the proposed rule (74 FR 16448) that were not included in the final rule signed in September in order to provide EPA more time to review and respond to the comments. Several of those delayed source categories are being re-proposed in separate actions. After further review of the comments, EPA determined that four of the remaining source categories, Industrial Wastewater, Industrial Landfills, Underground Coal Mines, and Magnesium Production, do not need to be reproposed but that instead, EPA is responding to the comments and is finalizing those subparts in this action.
Determination of Confidential Business Information Collected under the GHG Mandatory Reporting Program
On September 22, 2009, the Administrator signed a final rule establishing Green House Gas reporting requirements for approximately 10,000 facilities and suppliers in the U.S. Monitoring starts January 1, 2010, and the first reports are due to EPA on March 31, 2011. In anticipation of releasing the data that will be collected and released to the public, EPA is launching an effort to proactively determine which data elements collected will consist of confidential business information, considering the definition of emissions data under the CAA. EPA will provide the public and reporters an opportunity to comment and then issue a final determination. This process needs to be completed before EPA releases the data to the public in 2011.
Minor Changes to TSCA Reporting Requirements
EPA is proposing to make minor changes to three existing reporting requirements under the Toxic Substances Control Act (TSCA) in order to reduce reporting burdens and to clarify reporting to provide for quicker review of health and environmental data for more effective protection of public health and the environment. The changes involve 40 CFR 790.5 (Submission of Information), 40 CFR 792.185 (Reporting of Study Results), and 40 CFR 712.28 (Forms and Instructions). The changes under consideration include the elimination of the requirement for 6 copies to be submitted; the addition of a requirement for including robust Summaries of test results with the submission of test data, and the use of the Inventory Update Rule Form to format the submission of preliminary assessment information in response to chemical information rules.
Lead Wheel Weights
In response to a petition filed under Toxic Substances Control Act section 21, EPA has initiated a proceeding to investigate potential lead hazards associated with the manufacture, processing, and distribution in commerce of lead wheel balancing weights (wheel weights). Lead is highly toxic, especially to young children, and recent data shows that even very low levels of lead are associated with decreased intelligence, impaired neurobehavioral development, and behavioral effects.
According to a U.S. Geological Survey study in 2003, 65,000 tons of lead wheel weights were in use in the United States and approximately 2,000 tons of these weights were lost from vehicles into the environment. Voluntary actions on the part of U.S. auto manufactures and an European Union ban on their use has reduced the number of lead wheel weights, but they continue to be the predominate product in the tire replacement market.
EPA Signs Memorandum of Cooperation with China to Build Capacity to Address Climate Change
EPA Administrator Lisa P. Jackson and NDRC Vice Chairman Xie Zhenhua signed the MOC.
“Cooperation between China and the United States is essential to successfully address climate change,” said EPA Administrator Jackson. “EPA has a long and productive partnership with China on many important environmental issues. This arrangement builds upon our ongoing cooperation to address one of the most significant global challenges of our time. The work that will be supported through this agreement will assist China in enhancing its capacity to collect reliable greenhouse gas emissions data. It also presents an opportunity for EPA to share with China its extensive expertise in measurement and reporting of greenhouse gas emissions.”
Initially, cooperation will focus on providing technical support for the development of robust greenhouse gas inventories. In addition, the MOC recognizes the joint work on climate change impacts on economic development, human health, and ecological systems. It also envisions cooperation on education and public awareness of climate change issues.
The EPA-NDRC arrangement is one of several implementing measures under the Memorandum of Understanding to Enhance Cooperation on Climate Change, Energy, and the Environment concluded during the U.S.-China Strategic and Economic Dialogue session in Washington earlier this year.
2010 Presidential Green Chemistry Challenge Award
EPA is accepting nominations for the 15th annual Presidential Green Chemistry Challenge Awards. The awards recognize innovative chemical technologies that incorporate green chemistry into the design, manufacture, and use of chemicals, and that have broad applications in industry.
For the challenge, nominated technologies should reduce or eliminate the use or generation of hazardous substances from a chemical product or process. Any individual, group, or nongovernmental organization, both nonprofit and for-profit, including academia and industry, may nominate a green chemistry technology for the awards. Self-nominations are welcome.
Awards are made each year in five categories: Greener Synthetic Pathways, Greener Reaction Conditions, Designing Greener Chemicals, Small Business, and Academic. Each nominated technology must have reached a significant milestone within the past five years in the United States. Nominations must be submitted no later than December 31 to be eligible for the 2010 awards, which will be presented in June 2010.
EPA Funding Available for Environmental Education Grants
EPA is accepting grant applications for a total of $3.4 million in funding for environmental education projects and programs. EPA expects to award approximately 100 grants ranging from $5,000 to $200,000 and will accept applications until December 15, 2009.
EPA’s Environmental Education Grant Program provides funding to local education agencies, state education or environmental agencies, colleges or universities, not-for-profit organizations, or noncommercial educational broadcasting entities. Tribal education agencies, which are controlled by an Indian tribe, band or nation, may also apply, including a school or community college.
The purpose of EPA’s Environmental Education Grant Program is to promote environmental stewardship and help develop knowledgeable and responsible students, teachers, and citizens. The grants provide financial support for innovative projects that design, demonstrate, or disseminate environmental education practices, methods, or techniques. Projects should involve environmental education activities that go beyond disseminating information.
Solid Waste Hauler Fined $276,000 in Penalties For Illegal Dumps
Connecticut Attorney General Richard Blumenthal announced that a Superior Court judge has imposed $276,814 in fines and penalties on a rogue waste hauler for operating two illegal transfer stations in Stamford, Connecticut, and has ordered the facilities permanently closed. Connecticut’s Attorney General Blumenthal obtained the penalties and the closures in cooperation with Department of Environmental Protection (DEP) Commissioner Amey Marrella.
Joseph Cammarota has been ordered by the courts to pay a $200,000 penalty and $76,814 in outstanding penalties and interest for previous violations of state environmental and solid waste hauling laws. The judge prohibited Cammarota and his companies, Camm of Stamford, Inc., and Target Disposal Service, from dumping solid waste at his properties at 14 Larkin Street and 29 Popular Street.
The penalties and the closure order stem from Blumenthal’s 2006 lawsuit against Cammarota and his companies.
Blumenthal said, “This decision is a huge victory for the environment and public health, imposing strong punishment—nearly $280,000—against an unrepentant polluter. This powerful penalty sends a potent message: carters who operate illegal transfer stations will pay a price. But it also shows that we must strongly enforce and enhance laws that stop transfer station polluters and illicit waste haulers. We have zero tolerance for transfer station operators who operate illegally without licenses, flouting state law and endangering public health. We will fight to enforce state laws protecting the environment and requiring licensing of transfer stations.”
Ohio EPA Fines Circle K Midwest $100,000 in Penalties for Failure to Maintain Vapor Control Systems
Ohio EPA and Circle K Midwest have reached a settlement that will require the company to pay a $100,000 penalty for air pollution control regulation violations at eight of its gas stations in Ohio.
The company, based in Columbus, Indiana, failed to maintain its vapor control systems and/or pass several tests to show such systems for refueling vehicles were operating properly; failed to perform successful tests at three stations as required at least annually; and failed to have records at two stations that documented the station operators or managers were properly trained for those vapor control systems. All of the violations at these stations have now been corrected.
“Increasingly, we all need to be aware of what we can do to ensure the air we breathe is healthy,” said Ohio EPA Director Chris Korleski. “From gas station operators who must maintain vapor control equipment to individuals who don’t top off the tank when filling up their vehicles, each good choice will help the state of Ohio improve ozone levels.”
Under the terms of the settlement, for the next two ozone-producing summer seasons (March through October), the company must increase the frequency of inspections and testing. The company is required to inspect the vapor control systems at least twice per season, successfully test the systems at least twice per season, and maintain the systems.
Gas stations in the Cincinnati, Cleveland, and Dayton metropolitan areas are required to have Stage II vapor control systems federal air quality standard for ozone. Hydrocarbons escape when gasoline is pumped unless vapor control systems draw the vapors back into the tank. Under the right weather conditions, these vapors serve as a precursor to ozone, which can irritate the linings of people’s lungs.
Olympic Tug & Barge Co. Fined $47,000 for Seattle and Puget Sound Oil Spills
Washington’s Department of Ecology (Ecology) has fined Olympic Tug & Barge Co.,(Olympic) $47,000 for two oil spills, one last year in the West Waterway off Harbor Island in Seattle and one this year off Bainbridge Island.
“Olympic took these incidents very seriously,” said Dale Jensen, who manages Ecology’s spill prevention, preparedness and response program. “The company’s success at ensuring that boat crews strictly follow its policies for internal fuel transfers will lead to effective protection for Washington’s waters.”
“In our investigations into both cases, we found that the responsible crew members failed to comply with established company procedures for internal transfers, which resulted in the termination of both individuals,” said Sven Christensen, General Manager for Olympic Tug & Barge. “Our investigations also found that human factors were the root cause in both incidents. We have since made systemic changes to improve training of vessel crews and to ensure compliance with company policies and procedures.”
The second incident—which prompted a $23,000 fine—occurred on the night of February 2, 2009, when the tug Catherine Quigg was under way southbound off Bainbridge Island. Crew members noticed fuel spilling off the deck into the water. An internal fuel transfer between tanks was immediately halted.
The spill—later calculated at 211 gallons by Ecology—left a sheen in the main shipping channel. Olympic hired a response contractor which responded with four boats to recover oil from the water. Ecology inspected Bainbridge Island beaches by foot and by boat at first light and observed no shore impacts from the spill.
Investigators determined that a tank overfilled during the transfer, possibly because the piping system and valves had not been inspected beforehand as required in the company’s policies and procedures. The chief engineer—who was new to the Catherine Quigg—had not completed an orientation for that particular vessel. The tug captain had assigned too few crew members to monitor the transfer. Close monitoring enables a crew to spot and stop potential overflows. The crew also failed to plug the scuppers—drain holes on the deck.
Ecology’s spill prevention and response programs are part of the department’s efforts to reduce toxic threats and to restore the Puget Sound.
New Orleans Area Demolition Contractor and Companies Fined $40,000 for Illegal Dumping
Charlie Hampton, Hamp’s Enterprises LLC, and Hamp’s Construction LLC have been sentenced to pay criminal fines totaling $40,000 and to clean up an illegal dumping site in New Orleans East. The pleas involved criminal wrongdoing in both Baton Rouge and New Orleans.
ConocoPhillips Inc. Refinery will Pay $38,137 for Air Quality Violations
Delaware’s Department of Environmental Protection has announced that ConocoPhillips Inc., will pay $38,137 in civil penalties for air quality violations at its refinery in Trainer Borough, Delaware.
“Violations include failing to report emissions and for incorrectly reporting emissions from a variety of sources at the refinery,” said Southeast Regional Director Joseph A. Feola. “Conoco was also cited for several monitoring violations and for exceeding permitted emission limits.”
Feola noted that the violations addressed by this penalty include:
- Failing to report flare emissions from a water storage tank;
- Incorrectly reporting nitrogen oxide emissions from eight sources;
- Failing to report 16.4 tons of volatile organic compound emissions;
- Failing to report emissions from six engines;
- Deficiencies in the facility catalyst and in other emission control equipment; and
- Exceeding sulfur oxide and sulfur dioxide emissions by 1,000 pounds and 67 tons, respectively, from the refinery’s main flare.
Conoco’s air permit requires the company to submit an emissions report on all air pollution sources at its facility by March 1 of each year for the previous year. This report must include emissions from existing equipment, as well as new or modified units.
The facility was fined $129,524 in December 2008 for air quality violations including sulfur dioxide emissions in excess of permitted levels.
Celtic Painting will Pay $28,600 for Hazardous Waste Violations
Missouri’s Department of Natural Resources and Attorney General’s Office have signed a settlement agreement with Celtic Painting in St. Louis. Celtic Painting has been cited with numerous violations of Missouri’s Hazardous Waste Management Law and Regulations and will pay $28,600 in penalties.
Celtic Painting will pay $3,000, split between the St. Louis County School Fund and the St. Louis City School Fund over a time period of four quarters. The remaining $25,600 is suspended contingent on Celtic Painting not committing any repeat violations for five years following the effective date of the settlement agreement. The amount Celtic Painting will pay upfront was based on financial information regarding the company’s ability to pay provided to the department by Celtic Painting.
Celtic Painting is a residential and commercial painting company that operates at multiple locations in St. Louis. In 2007, the DNR cited a major violation against Celtic Painting for failure to identify and properly dispose of hazardous waste. After receiving a compliant, the department conducted an inspection at a Celtic Painting worksite and discovered a large abandoned shipping container containing more than 8,000 pounds of flammable and toxic paint waste.
Subsequently, the DNR inspected another Celtic Painting worksite and found this facility failed to register as a generator of hazardous waste and operated as a storage facility for hazardous waste without a permit. Additionally, Celtic Painting failed to properly mark and label its containers of hazardous waste and failed to follow emergency preparedness requirements. With DNR direction and oversight, Celtic Painting has corrected all violations at both locations.
Dassault Falcon Jet to Pay $34,500 for Air Pollution and Hazardous Waste Violations
Delaware’s Department of Natural Resources and Environmental Control (DNREC) fined Dassault Falcon Jet—Wilmington Corp., for violations of its permit issued by the Air Quality Management Section as well as violations of Delaware’s Regulations Governing Hazardous Waste. The Order includes a cash penalty of $30,000 and an additional $4,500 as cost recovery reimbursement to DNREC for expenses associated with its investigation. Dassault Falcon Jet—Wilmington Corp., owns and operates a full service aircraft facility in New Castle, Delaware, specializing in maintenance and refurbishing services, including stripping and painting of aircraft.
The paints and solvents used at the facility have the potential to emit volatile organic compounds (VOCs) exceeding 25 tons per year, and hazardous air pollutants exceeding 10 tons per year of one type or 25 tons per year combined of more than one hazardous air pollutant. This potential subjects the company to the Title V air quality operating permit program and compliance with emission limits, recordkeeping and reporting requirements. In addition, the paints and solvents also have the potential to generate hazardous waste, which subjects Dassault to requirements of Delaware’s hazardous waste regulations.
The air-related violations covered by this order include but are not limited to: failure to calculate and/or maintain records demonstrating compliance with permit conditions, exceeding permitted monthly and rolling 12-month volatile organic compound (VOC) and hazardous air pollutant (HAP) emission rate, and failure to properly report permit violations. Hazardous waste violations include storing hazardous waste in open containers, improperly labeling containers of hazardous waste, exceedance of hazardous waste accumulation thresholds, and failing to conduct inspections of hazardous waste accumulation areas, in addition to other violations.
Three Northwest Companies Fined for Violating Federal Pesticide Laws
Three companies in Washington, Oregon, and Idaho are the target of enforcement actions for their failure to follow federal pesticide laws, according to orders issued by EPA. J.R. Simplot Company of Boise, Idaho; Agricare of Amity, Oregon; and Northwest Agricultural Products of Pasco, Washington, violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) at their respective facilities, according to EPA.
“Companies that produce pesticides but fail to register their facilities or submit required reports are not only operating illegally, but also pose a safety hazard to the public,” said Scott Downey, manager of EPA’s pesticide unit in the Seattle office. “Knowing where pesticides are produced provides vital information to EPA and to responders in the event of a spill or natural disaster.”
J.R. Simplot Company is being fined $28,080 for failing to register two pesticide facilities, Agricare is being fined $2,160 for failing to register a pesticide facility, and Northwest Agricultural products is being fined $1,280 for failing to submit yearly reports on time that document the types and amounts of pesticides produced and distributed.
Aber’s Garage, Inc., will Pay $26,600 Fine to Ohio EPA for Hazardous Waste Management Violations
Aber’s Garage, Inc., will pay a $26,600 civil penalty to Ohio EPA for hazardous waste management violations at the company’s Ashland truck service center. The company generates small amounts of hazardous wastes at its service center including paint waste, parts cleaner, and used oil.
On May 12, 2008, Ohio EPA inspected the facility after a complaint alleged the company disposed of used oil into the storm drains. Ohio EPA determined that the company had failed to evaluate wastes, including 15 drums containing unknown waste, to see if it was hazardous; failed to properly manage used oil, including failing to clean up releases of used oil; and failed to properly manage a category of waste known as universal waste, which includes items such as fluorescent lamps that may contain small amounts of mercury or other hazardous substances.
In response, the company sampled the drums. Fourteen contained hazardous waste. The company also sampled ground where stained soil was found. Results indicated hazardous waste had been disposed of to the ground.
Based on the sampling results, Ohio EPA notified the company of additional violations, including establishing and operating a hazardous waste storage facility without a permit and failing to properly manage containers of hazardous waste. The contaminated soil and waste drums have been removed and properly disposed.
Massachusetts Concrete Plant Assessed $25,500 for Multiple Violations of Environmental Regulations
The Massachusetts Department of Environmental Protection (MassDEP) has fined Century Acquisition, Inc., of Albany, New York, $25,500 for violating multiple state environmental regulations, which were discovered during inspections conducted at the concrete batch plant in Sheffield.
MassDEP staff conducted inspections of the facility on April 30 and May 1, 2008. During those inspections, violations that were uncovered included failure to obtain an air quality approval for operating the cement mixing equipment, discharging industrial wastewater (concrete truck wash water) onto the ground without a permit, hazardous waste management violations, and conducting work in wetland resource areas without required approvals.
Century Acquisition, Inc., cooperated with MassDEP during its investigation, and the company has agreed to correct the violations, including the restoration of the altered wetlands. Century Acquisition will pay $15,500 of the $25,500 penalty; and the remaining $10,000 of the penalty was suspended by MassDEP contingent upon the company’s compliance with the terms of the consent agreement.
MassDEP Penalizes Eastern Propane Gas $20,125 for Failing to Make Timely Oil Spill Report
MassDEP has fined Eastern Propane Gas, Inc., of Danvers, Massachusetts, $20,125 for failing to make appropriate notification within two hours of a 100-gallon spill of home heating oil in Rockport.
On February 4, 2009 at 8:40 a.m. an Eastern Propane employee mistakenly made a delivery to a residence on Marmion Way. The employee failed to adequately monitor the dispensing of fuel, resulting in a substantial overfill of an above-ground storage tank. The truck driver alerted other Eastern Propane employees, as well as a cleanup contractor and steps were taken to address the spill, but MassDEP was not notified of the release until 2:32 p.m.
“Conducting immediate response actions without approval, combined with the company’s failure to notify MassDEP after a spill of this size within two hours is unacceptable for a company that’s engaged in the business of making oil deliveries,” said Richard Chalpin, director of MassDEP’s Northeast Regional Office in Wilmington. “Notification to MassDEP is the essential first step to properly managing these spills, and cannot be neglected.”
Eastern Propane has agreed to continue and complete the cleanup of the Marmion Way property and to pay $10,000 of the penalty within 30 days. MassDEP has agreed to suspend the remaining $10,125 pending full compliance with the terms they have imposed upon Eastern Propane Gas.
Eastern Propane has also agreed to develop and implement an Oil and Hazardous Material Release Reporting and Response Plan for appropriate employees of the company. A copy of the plan will be submitted to MassDEP within 45 days.
Landlord to Pay Penalty, Perform Lead Paint Removal for Failure to Inform Residents of Lead Hazards
A St. Louis area property management company, JAX Limited Company, has agreed to pay a $4,527 civil penalty and perform $108,325 worth of lead paint removal work to settle allegations that it failed to inform residents and homeowners of actual and potential lead-based paint hazards in its housing built before 1978. JAX has also agreed to perform lead paint removal work as part of a supplemental environmental project to reduce its civil penalty in the case.
Under the federal Lead-Based Paint Disclosure Rule, the company was legally required to provide copies of a lead-based paint hazard informational pamphlet to its tenants, and make certain other disclosures, prior to those tenants being obligated by lease agreements. The company was also required by the Lead Pre-Renovation Education Rule to provide the same pamphlet and additional information to tenants prior to certain renovations, repairs, and painting projects being performed.
JAX owns properties at four separate locations in St. Louis. JAX Limited Company’s supplemental environmental project will involve the removal of lead-based paint at 73 of its target housing rental units.
EPA Agrees to Set Hazardous Air Pollutant Standards for PVC
In accordance with section 113(g) of the CAA, a proposed settlement agreement has been filed in the case of Mossville Environmental Action Now, et al. v. EPA. Mossville Environmental Action Now, Louisiana Environmental Action Network, and the Sierra Club (collectively, the “Plaintiffs”) filed the case in the United States District Court for the District of Columbia.
On October 22, 2008, the Plaintiffs filed a complaint alleging that EPA failed to promulgate emission standards for major sources of hazardous air pollutant emissions from polyvinyl chloride and copolymers production facilities (PVC Standards) as required under section 112(e)(1)(E) of the CAA. The proposed settlement agreement establishes deadlines by which the Administrator must sign the proposed and final rules for PVC Standards.
Written comments on the proposed settlement agreement must be received by December 16, 2009.
EPA Issues Final Technical Amendment of Cross-Media Electronic Reporting Rule
EPA has amended the Final Cross-Media Electronic Reporting Rule (CROMERR) to exclude from the regulation all documents and information submitted electronically to EPA by applicants for and recipients of grants, cooperative agreements, and other forms of financial assistance pursuant to EPA financial assistance regulations.
EPA Agrees to Revisions in Oregon’s State Hazardous Waste Management Program
The revisions to Oregon’s authorized program are described in Oregon’s official program revision application, submitted to EPA on October 21, 2009 and deemed complete by EPA on October 26, 2009. EPA has made a preliminary determination that Oregon’s hazardous waste program revisions, as described in this proposed rule, satisfy the requirements necessary to qualify for final authorization.
If Oregon is authorized for these changes, a facility in Oregon subject to RCRA will have to comply with the authorized State requirements in lieu of the corresponding Federal requirements in order to comply with RCRA. Additionally, such persons will have to comply with any applicable Federal requirements, such as, for example, HSWA regulations issued by EPA for which the State has not received authorization, and RCRA requirements that are not supplanted by authorized State-issued requirements.
Oregon continues to have enforcement responsibilities under its State hazardous waste management program for violations of this program, but EPA retains its authority under certain RCRA sections to include, among others, the authority to:
- Conduct inspections; require monitoring, tests, analyses, or reports
- Enforce RCRA requirements; suspend, terminate, modify or revoke permits
- Take enforcement actions regardless of whether the State has taken its own actions
- The action to approve these revisions would not impose additional requirements on the regulated community because the regulations for which Oregon will be authorized are already effective under State law and are not changed by the act of authorization.
Comments on the proposed rule must be received by December 18, 2009.
New Tools to Cut Energy Costs and Greenhouse Gas Emissions from Homes
Home owners, buyers and renters have a new resource for going green indoors and outdoors.
The latest federal survey of American housing (2007) reported 128 million housing units across the U.S., accounting for nearly 54% of national energy use and nearly 31% of all U.S. carbon dioxide emissions, the most common greenhouse gas contributing to climate change.
Many green building practices and technologies have yet to make a dent in the existing residential market, in part because it is hard for people to find clear, consolidated, readily accessible, and credible information. The Green Homes Web site addresses that need by providing guidance on approaches to greening each room of the home as well as the surrounding yard. Information also is available on building new homes and finding an energy efficient mortgage, which takes into account the savings derived from energy efficient homes to enable the applicant to qualify for better terms. Renters will find information to help them identify a green property before moving in and tips for working with their landlord to add green features to an existing property. Users can also find references, such as a list of common green home terms, and links to dozens of EPA Web sites with more specific information on a wide variety of green home topics.
New Energy Star Requirements for Audio/Video Equipment
AV products meeting EPA’s new, more stringent specification will help protect the environment and reduce energy costs because they will be up to 60% more efficient than conventional models.
If all AV products sold in the United States met the new Energy Star requirements, Americans would save more than $1 billion in energy costs annually while reducing greenhouse gas emissions equivalent to those of more than 1 million vehicles every year.
EPA revised the earlier Energy Star requirements for AV to address the rapid turnover of products and technologies, as well as changes in usage patterns within the category. The more inclusive and flexible specification will promote greater energy efficiency in today’s diverse market for audio/video products.
The new requirements for audio/video equipment cover a wider range of products including home-theater-in-a-box, audio amplifiers, AV receivers, shelf systems, DVD players, Blu Ray players, and docking stations that offer audio amplification or optical disc drive functions. Commercial AV products are also covered.
To earn the Energy Star label, AV products must consume less power when they are on and must power down automatically after a period of inactivity, using only small amounts of power to maintain settings and other features.
The new requirements for audio/video products previously eligible for the Energy Star will be effective July 30, 2010. For products previously excluded from Energy Star, such as commercial AV products and docking stations, the new requirements are effective immediately.
Fuel Economy Increases as CO2 Decreases
For the fifth consecutive year, EPA is reporting an increase in fuel efficiency with a corresponding decrease in average carbon dioxide (CO2) emissions for new cars and light duty trucks. This marks the first time that data for CO2 emissions are included in the annual report, “Light-Duty Automotive Technology, Carbon Dioxide Emissions, and Fuel Economy Trends: 1975 through 2009.”
“American drivers are increasingly looking for cars that burn cleaner, burn less gas and won’t burn a hole in their wallets,” said EPA Administrator Lisa P. Jackson. “We’re working to help accelerate this trend with strong investments in clean energy technology—particularly for the cars and trucks that account for almost 60% of greenhouse gases from transportation sources. Cleaner, more efficient vehicles can help reduce our dangerous dependence on foreign oil, cut harmful pollution, and save people money—and it’s clear that’s what the American car buyer wants.”
For 2008, the last year for which EPA has final data from automakers, the average fuel economy value was 21.0 miles per gallon (mpg). EPA projects a small improvement in 2009, based on pre-model year sales estimates provided to EPA by automakers, to 21.1 mpg.
The report confirms that average CO2 emissions have decreased and fuel economy has increased each year beginning in 2005. Average CO2 emissions have decreased by 39 grams per mile, or 8%, and average fuel economy has increased by 1.8 mpg, or 9%, since 2004. This positive trend beginning in 2005 reverses a long period of increasing CO2 emissions and decreasing fuel economy from 1987 through 2004, and returns CO2 emissions and fuel economy to levels of the early 1980s.
The report also provides data on the CO2 emissions, fuel economy and technology characteristics of new light-duty vehicles including cars, minivans, sport utility vehicles, and pickup trucks.
The latest CO2 emissions and fuel economy values reflect EPA’s best estimates of real world CO2 emissions and fuel economy performance. They are consistent with the fuel economy estimates that EPA provides on new vehicle window stickers and in the Fuel Economy Guide. These real world fuel economy values are about 20% lower, on average, than those used for compliance with the corporate average fuel economy program under DOT.
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Trivia Question of the Week
EnergyStar is EPA’s program to improve energy efficiency and encourage voluntary energy conservation. What is the name of EPA’s program to encourage improvements in water efficiency and conservation?
a. WaterStar
b. WaterWise
c. WaterMiser
d. WaterSense