According to the agency, the proposed changes reflect the latest science on the health effects of exposure to NO2, which is formed by emissions from cars, trucks, buses, power plants, and industrial facilities and can lead to respiratory disease.
“We’re updating these standards to build on the latest scientific data and meet changing health protection needs,” said EPA Administrator Lisa P. Jackson. “In addition to limiting annual average concentrations, we’re preventing high NO2 levels for shorter periods of time and adding stronger monitoring in areas near roadways, where the highest levels of NO2 are often found. This will fill gaps in the current standard and provide important additional protections where they are needed most.”
EPA’s proposed revisions apply to the primary NO2 standard and would:
- Establish, for the first time, a one-hour NO2 standard at a level between 80 – 100 ppb
- Retain the current annual average NO2 standard of 53 ppb,
- Add NO2 monitoring within 50 meters of major roads in cities with at least 350,000 residents, and
- Continue monitoring “area-wide” NO2 concentrations in cities with at least 1 million residents.
These proposed standards and additional monitoring requirements would protect public health by reducing people’s exposure to high, short-term concentrations of NO2, which generally occur near roadways. The proposal would also ensure that area-wide NO2 concentrations remain below levels that can cause public health problems.
Current scientific evidence links short-term NO2 exposures, ranging from 30 minutes to 24 hours, with increased respiratory effects, especially in people with asthma. These effects can lead to increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk populations such as children, the elderly, and asthmatics.
EPA first set standards for NO2 in 1971, establishing both a primary standard to protect health and a secondary standard to protect the public welfare at 53 ppb, averaged annually. Annual average NO2 concentrations have decreased by more than 40 percent since 1980. All areas in the United States are well below the current (1971) NO2 standards with annual averages ranging from approximately 10 – 20 ppb.
EPA will accept public comments for 60 days after the proposal is published in the Federal Register. The agency will hold two public hearings in August 2009: one in Los Angeles and one in the Washington, D.C. area. EPA will provide details on the public hearings in a separate notice issued later this summer. EPA must issue a final decision on the NO2 standard by Jan. 22, 2010.
EPA Grants California GHG Waiver
Using the law and science as its guide, EPA has taken this action to tackle air pollution and protect human health.
“This decision puts the law and science first. After review of the scientific findings, and another comprehensive round of public engagement, I have decided this is the appropriate course under the law,” said EPA Administrator Lisa P. Jackson. “This waiver is consistent with the Clean Air Act as it’s been used for the last 40 years and supports the prerogatives of the 13 states and the District of Columbia who have opted to follow California’s lead. More importantly, this decision reinforces the historic agreement on nationwide emissions standards developed by a broad coalition of industry, government and environmental stakeholders earlier this year.”
The first California waiver request was made in December 2005 and was subsequently denied in March 2008. This previous decision was based on an interpretation of the Clean Air Act finding that California did not have a need for its greenhouse gas emission standards to meet “compelling and extraordinary conditions.”
Shortly after taking office in January, President Barack Obama directed EPA to assess the appropriateness of denying the waiver. EPA received a letter from California on January 21, 2009, raising several issues for Administrator Jackson to review regarding the denial.
Last month, President Obama announced a first-ever national policy aimed at both increasing fuel economy and reducing greenhouse gas pollution for all new cars and trucks sold in the United States. The new standards would cover model years 2012-2016. When the national program takes effect, California has committed to allowing automakers who show compliance with the national program to also be deemed in compliance with state requirements.
With the decision to grant the California waiver, EPA returns to its traditional legal interpretation of the Clean Air Act that has been applied consistently during the past 40 years. EPA finds that California continues to have a need for its motor vehicle emissions program, including the greenhouse gas standards. EPA also finds that the California program meets legal requirements regarding the protectiveness of public health and welfare as well as technological feasibility.
EPA based its decision on an extensive record of scientific and technical evidence. As part of the reconsideration, EPA revisited the prior decision documents and record. The agency also opened a new comment period, including public hearings.
The Clean Air Act gives EPA the authority to allow California to adopt its own emission standards for new motor vehicles due to the seriousness of the state’s air pollution challenges. There is a long-standing history of EPA granting waivers to the state of California.
New Jersey Gets Green Light to Move Forward with Greenhouse Gas Vehicle Program
New Jersey, along with 13 other states, received approval from the EPA to establish greenhouse gas emissions standards for motor vehicles as part of a federal effort to stop climate change, Governor Jon S. Corzine announced today.
“We applaud the EPA for taking this action and recognizing the critical role that the states play in addressing the threat of global warming,” said Governor Corzine. “Now, New Jersey can move forward with implementation of these auto emissions standards which ultimately will help us reach our goal in reducing greenhouse gas emissions to 1990 levels by 2020 and provide more efficient cars on our roadways.”
New Jersey is one of 13 states that have opted into California's program to tackle the threat global warming head-on with cleaner standards for motor vehicles. Under the federal Clean Air Act, California has the right to implement more stringent motor vehicle emissions standards than the federal limits, and other states have the right to adopt the California standards in lieu of the federal standards. Today, the EPA granted California's waiver request from December 2005, allowing all 14 states to move forward with new greenhouse gas standards for motor vehicles.
“Today’s decision by the EPA is important for New Jersey because it is one of the 14 states that has adopted the California greenhouse gas standards for automobiles,” said DEP Commissioner Mark Mauriello. “We stand ready to work with the federal government and other states to establish a nationwide program that will benefit New Jersey and the rest of the country.”
The 14 states that have opted into the California program comprise more than 35 percent of vehicles on the road in the U.S. In 2007, Governor Corzine signed an executive order to mandate a reduction in greenhouse gas emissions to 1990 levels by 2020, and an 80-percent reduction by 2050, goals which he signed into law later that year with the legislature’s passage of the Global Warming Response Act. New Jersey became only the third state in the nation to codify its greenhouse gas reduction goals. Just over a year ago, Governor Corzine signed a bill into law enabling New Jersey to participate in the Regional Greenhouse Gas Initiative, the first mandatory cap-and-trade program in the nation for carbon dioxide.
DOE Sets New Lighting Standards and Invests in Efficient Buildings
President Barack Obama and Energy Secretary Steven Chu announced new energy efficiency standards for lighting on June 29, as well as DOE's investment of $346 million in American Recovery and Reinvestment Act funds to develop and deploy energy-efficient technologies in buildings. The new standards apply to general service fluorescent lamps, used in most offices and commercial buildings, and incandescent reflector lamps, which are used for recessed lighting and track lighting. It will result in a 15% lower electricity use for general service fluorescent lamps, while decreasing the electricity use of incandescent reflector lamps by 25%. The rule will apply to lamps manufactured for sale in the United States or imported into the United States starting in mid-2012, and in the 30 years following that, they will save consumers up to $4 billion per year, avoid the emission of up to 594 million tons of carbon dioxide, and eliminate the need for as many as 14 500-megawatt power plants.
For incandescent reflector lamps, the new standard is essentially the same as the old one for the smallest 40-watt bulb, but it requires higher efficiencies for brighter bulbs. For the brightest bulb, at 205 watts, the new standard requires nearly one-third more light per watt than the old standard. It also sets slightly lower requirements for new "modified-spectrum" bulbs, which use a coating to achieve specific effects, such as a better approximation of natural daylight. DOE issued the final rule for lighting standards on June 26 and will soon publish it in the Federal Register. Until then, DOE is also investing $346 million in Recovery Act funds in energy efficient technologies for buildings, of which $100 million will go towards research that approaches buildings as an integrated system, including research focused on the systems-level design, integration, and control of both new and existing buildings. Another $50 million will support research and development of advanced manufacturing techniques for solid-state lighting, such as lamps that employ light-emitted diodes (LEDs). DOE will also direct $70 million toward residential buildings, including technical support to help train workers to perform energy efficiency retrofits, as well as outreach to municipalities and subdivisions to encourage such retrofits. The funds will also support a major initiative to provide builders with the technical assistance and training they need to build highly efficient homes.
DOE will also direct $53.5 million to its Commercial Buildings Initiative, intending to expand its partnerships with major companies that design, build, own, manage, or operate large fleets of commercial buildings from 23 today to about 75. Another $72.5 million will help prepare the building community for new commercial building energy codes that require a 30% improvement in energy efficiency relative to the 2004 code. A portion of those funds will also support an expansion and acceleration of DOE's Appliance Standards program, which brought you the above lighting standards, while also expanding and strengthening the Energy Star program for energy efficient products.
EPA Posts List of 44 High Hazard Potential Coal Ash Waste Impoundments
As part of its ongoing efforts to protect human health and the environment, the EPA has posted a list of 44 “high hazard potential” impoundments containing coal combustion residuals, commonly referred to as coal ash, at 26 different coal burning electric utility facilities. EPA is releasing this information after interagency coordination with FEMA’s Risk Analysis Division Mitigation Directorate and the U.S. Army Corps of Engineers. Designating these units reflects EPA’s commitment to assessing risks and vulnerabilities in order to protect critical infrastructure—and the American people—from disaster. A high hazard potential rating is not related to the stability of those impoundments but to the potential for harm should the impoundment fail.
“The presence of liquid coal ash impoundments near our homes, schools and business could pose a serious risk to life and property in the event of an impoundment rupture” said EPA Administrator Lisa P. Jackson. “By compiling a list of these facilities, EPA will be better able to identify and reduce potential risks by working with states and local emergency responders.”
Following the failure of an impoundment at the TVA facility in Kingston, Tennessee, in December 2008, EPA has been gathering information on coal combustion residual impoundments from electrical utilities nation wide and conducting on-site evaluations to determine the impoundments’ vulnerabilities. Working closely with other federal agencies and the states, EPA will review the information gathered from this investigation and will require appropriate action at any facility that is found to pose a risk. The results and analysis of this investigation will be compiled in a report and made available to the public and will help strengthen our ability to protect the American people, which is our foremost and urgent priority.
The list of units was compiled from information submitted to EPA by the electric utilities in response to EPA’s March 9, 2009 information request. The 44 units will receive high priority attention as EPA continues its assessment of impoundment safety.
As announced by EPA Administrator Lisa P. Jackson, on March 9, 2009, EPA has committed to proposing regulation on the management of coal combustion wastes by December 31, 2009.
Washington Adopts Changes to Hazardous Waste Regulations
Ecology has also updated other state requirements, including the Biological and Chemical Testing Methods publications, and made technical and editorial corrections and clarifications.
Another amendment adopted by Ecology modifies the pre-permit siting criteria for treatment, storage, disposal and recycling facilities. Siting criteria are used to determine where a facility can be located. Recycling facilities that meet special conditions won't be required to follow the siting criteria.
Ecology updates the dangerous-waste regulations every two to four years to improve waste management in Washington state. These regulations establish requirements for generators, transporters, and facilities that manage dangerous waste in the state.
Climate Change and the Mystery of the Shrinking Sheep
Changing winter conditions are causing Scotland's wild Soay sheep to get smaller despite the evolutionary benefits of having a large body, researchers report in a study that shows how climate change can trump natural selection.
The results highlight how wide-ranging the effects of global climate change can be, adding further complexity to the changes we might expect to see in natural populations in future. The study will be published online by Science, at the Science Express website, on 2 July, 2009. Science is published by AAAS, the nonprofit, international science society.
"It's only in the last few years that we've realized that evolution can influence species' physical traits as quickly as ecological changes can. This study addresses one of the major goals of population biology, namely to untangle the ways in which evolutionary and environmental changes influence a species' traits," said Andrew Sugden, Deputy and International Managing Editor at Science.
"Sheep are getting smaller. Well, at least the wild Soay sheep living on a remote Scottish island are. But according to classic evolutionary theory, they should have been getting bigger, because larger sheep tend to be more likely to survive and reproduce than smaller ones, and offspring tend to resemble their parents," said study author Tim Coulson of Imperial College London.
"Our findings have solved a paradox that has tormented biologists for years – why predictions did not match observation. Biologists have realized that ecological and evolutionary processes are intricately intertwined, and they now have a way of dissecting out the contribution of each. Unfortunately it is too early to tell whether a warming world will lead to pocket-sized sheep," Coulson said.
Coulson and his colleagues investigated this paradox by analyzing body-weight measurements and life-history data (which record the timing of key milestones throughout an individual's life), for the female members of a population of Soay sheep. The sheep live on the island of Hirta in the St. Kilda archipelago and have been studied closely since 1985.
The researchers plugged their data into a numerical model that predicts how a trait such as body size will change over time due to natural selection and other factors that influence survival and reproduction in the wild. They selected body size because it is a heritable trait, and because the sheep have, on average, been decreasing in size for the last 25 years.
The results suggest that the decrease is primarily an ecological response to environmental variation over the last 25 years. Evolutionary change has contributed relatively little.
More specifically, lambs are not growing as quickly as they once did. As winters have become shorter and milder, due to global climate change, lambs now do not need to put on as much as weight in the first months of life to survive to their first birthday. So, even the slower-growing ones now have a chance of surviving, according to Coulson.
Also contributing to this trend is what Coulson and his colleagues call the "young mum effect." The researchers found that younger mothers are physically unable to produce offspring that are as big as they were at birth. The reasons behind this are still unclear, but the young mum effect counters the effect of natural selection, which favors larger lambs, the authors report.
EPA Proposes Stringent Standards for Large Ships
EPA has announced the next steps in a coordinated strategy to slash harmful emissions from ocean-going vessels. EPA is proposing a rule under the Clean Air Act that sets tough engine and fuel standards for U.S. flagged ships that would harmonize with international standards and lead to significant air quality improvements throughout the country.
“These emissions are contributing to health, environmental and economic challenges for port communities and others that are miles inland. Building on our work to form an international agreement earlier this year, we’re taking the next steps to reduce significant amounts of harmful pollution from getting into the air we breathe,” said EPA Administrator Lisa P. Jackson. “Lowering emissions from American ships will help safeguard our port communities, and demonstrate American leadership in protecting our health and the environment around the globe.”
The rule comes on the heels of a key part of EPA’s strategy, a proposal last March by the United States and Canada to designate thousands of miles of the two countries’ coasts as an Emission Control Area (ECA). The International Maritime Organization (IMO), a United Nations agency, begins consideration of the ECA plan this month, which would result in stringent standards for large ships operating within 200 nautical miles of the coasts of Canada and the United States.
Air pollution from large ships, such as oil tankers and cargo ships, is expected to grow rapidly in line with port traffic increases. By 2030, the domestic and international strategy is expected to reduce annual emissions of nitrogen oxides (NOx) from large marine diesel engines by about 1.2 million tons and particulate matter (PM) emissions by about 143,000 tons. When fully implemented, the coordinated effort would reduce NOx emissions by 80 percent and PM emissions by 85 percent compared to current emissions.
The emission reductions from the proposed strategy would yield significant health and welfare benefits that would span beyond U.S. ports and coastlines, reaching inland areas. EPA estimates that in 2030, this effort would prevent between 13,000 and 33,000 premature deaths, 1.5 million work days lost, and 10 million minor restricted-activity days. The estimated annual health benefits in 2030 as a result of reduced air pollution are valued between $110 and $280 billion at an annual projected cost of approximately $3.1 billion—as high as a 90-to-1 benefit-to-cost ratio.
The proposed rulemaking is designed to reflect the IMO’s stringent ECA standards and broader worldwide program. The rule adds two new tiers of NOX standards and strengthens EPA’s existing diesel fuel program for these ships. It represents another milestone in EPA’s decade-long effort to reduce pollution from both new and existing diesel engines under the National Clean Diesel Campaign.
Public Comment Period for Renewable Fuel Standard Program Extended Through September 25
The original comment period was to end on July 27, 2009 and will now end on September 25, 2009.
The proposed rule would dramatically increase the volume requirements for renewable fuels, establish four categories of renewable fuels, and require some renewable fuels to achieve greenhouse gas emission reductions compared to the gasoline and diesel fuels they displace. These revisions were mandated by the Energy Independence and Security Act of 2007.
With the 60-day comment period extension, EPA seeks to provide the public adequate time to provide meaningful comment while finalizing and implementing the standards in a timely manner.
Registration for Louisiana Sewage Sludge Haulers/transporters Moves to DEQ
On July 1, the Louisiana Department of Environmental Quality took over the registration of sewage sludge haulers and transporters in Louisiana from the Department of Health and Hospitals.
All transporters of sewage sludge and/or grease mixed with sewage sludge must register with DEQ by July 1 in order to continue hauling. Those haulers that have not registered and received approval or conditional approval are not authorized to haul. Approval is contingent upon DEQ receiving a completed application and completing vehicle inspection. The DEQ regional offices are inspecting all vehicles to be sure they don’t leak and that solid waste has a cover. Transporters of sewage sludge shall transport only to a facility permitted to receive sewage sludge. An emergency rule issued by DEQ provides for conditional approval of transporters who transport to facilities that submit a completed permit application to DEQ by Oct. 28, 2009.
So far, 93 applications have been approved and more than 133 have been submitted. Haulers that have not submitted their application by July 1 are not authorized to haul.
Applications must be mailed to DEQ, P O Box 4313, Baton Rouge, LA 70821-4313 or brought to DEQ at 602 N. 5th Street, Baton Rouge.
Pruett Wastewater Companies Fined $374,470
The Louisiana Department of Environmental Quality (LDEQ) has issued $374,470.00 in civil enforcement penalties against Louisiana Land and Water Company, Grace Utilities, Inc., and Utility Data Service Corporation. All three are wastewater companies privately owned and operated by Jeffrey Pruett from his office headquarters in West Monroe, Louisiana.
These fines were levied against Pruett as a part of a comprehensive civil enforcement action which has been coordinated with the federal/state environmental criminal investigation over the past few years. LDEQ is committed to protecting the public and our civil investigation is ongoing and is being conducted with our other federal and state partners. These fines issued today are for additional water discharge civil violations independent from those criminal charges he was recently indicted for in Federal Court. Previously, Pruett was arrested on June 4, 2009, on seventeen felony criminal charges involving violations of his water discharge permits. He was indicted last week and pled not guilty to those charges.
In this civil action, Pruett is alleged to have violated his Louisiana Pollutant Discharge Elimination System permits by failing to sample and report properly, violating effluent discharge limits set forth in the permits, discharging without a permit, recordkeeping violations and failing to provide proper operation and maintenance, in addition to unauthorized discharges from locations not authorized by the permits. Violations cover the period from 1995 to 2007. Civil penalties issued to Pruett total $374,470.10.
"We will be making every effort, in conjunction with our partners, to ensure not only public safety, but to restore the public confidence of citizens who have borne the ill effects of these practices," stated Peggy Hatch, LDEQ Assistant Secretary.
Pruett, 57, is president and CEO of Louisiana Land and Water Company and the Principal Officer of LWC Management Company. He operates more than 30 public water supply system units and wastewater treatment units in north Louisiana, including Grace Utilities, Inc. and Utility Data Service Corporation.
Ocean-going Ships off California's Coast Must Use Clean Fuel
Beginning, July 1, all ocean-going vessels within 24 nautical miles of California's coastline must use cleaner burning diesel fuel in order to comply with a new state regulation aimed at reducing the emissions of oxides of sulfur and nitrogen and diesel particulate matter, a known carcinogen.
"This new measure will help coastal residents breathe easier and reduce pollution in our oceans and waterways at the same time," Governor Arnold Schwarzenegger said.
The vessels will have to use lower-sulfur marine distillates rather than the highly polluting heavy-fuel oil often called bunker fuel.
"This comparatively simple switch for ships will have huge benefits for Californians," said Air Resources Board Chairman Mary D. Nichols. "People living along the coast will see benefits overnight: cleaner air and better health."
Using the cleaner fuels will be phased in, but significant emission reductions will be immediate. Initially, 13 tons-per-day of toxic particulate matter emitted from the vessels' diesel engines will be eliminated. Reductions will increase as the fuel sulfur content is progressively lowered through the regulation's phase-in.
The switch will eliminate about a 75 percent of the diesel PM, over 80% of the sulfur oxides and 6 percent of the nitrogen oxides. In 2012, when the very low sulfur fuel is required, reductions of diesel particulate matter will be 15 tons daily, an 83 percent reduction compared to uncontrolled emissions. Sulfur oxides will be reduced by 140 tons daily, a 95 percent reduction and nitrogen oxides will be reduced by 11 tons per day, a 6 percent reduction.
Reducing ship exhaust will eliminate an estimated 3,600 premature deaths between 2009 and 2015 and lower the cancer risk by over 80 percent. In addition, the emission reductions will assist the South Coast Air Quality Management District meet its 2014 federal clean air requirements for fine particulate matter. The reductions are also needed for ARB to achieve its targeted 85 percent reduction of diesel PM by 2020.
Air board representatives explain that the regulation is extremely cost effective. The fuel is readily available and complying with the regulation would typically add $30,000 to a California port visit, roughly one percent of the typical fuel costs for a vessel crossing the Pacific Ocean. The shipping industry maintains that a typical voyage for a container vessel from Asia to U.S. west coast costs a company two to three million dollars. For a container ship with consumer products, this cost increase equates to an extra 12.5 cents in the cost of a plasma TV. For a cruise ship passenger, using industry's numbers, this would add about $15 to a fare.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing substances. Currently, diesel PM emissions from ocean-going vessels expose over seven million people in California to high cancer risk levels in excess of 100 in a million for lifetime exposures.
In 2000, the ARB developed its Diesel Risk Reduction Plan that set the goal of cutting diesel emissions by 85 percent by 2020. The plan includes a series of measures designed to achieve that goal. As part of that plan the Board has adopted measures that require the use of low sulfur diesel fuel in most applications statewide, tighter tailpipe limits on in-use diesel trucks and buses and to control emissions from port equipment and ships operating in California waters.
Sequa Coatings Fined $65,000 for Hazardous Waste Violations
Sequa Coatings, LLC, headquartered in New York City, has agreed to pay a $65,000 penalty to settle alleged violations of federal and state hazardous waste regulations at its Precoat Metals facility, located in McKeesport, Pennsylvania. The facility engages in the application of decorative and protective coatings in continuous coiled steel for use in commercial and residential construction projects.
EPA cited Sequa for violating the Resource Conservation and Recovery Act (), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.
Following a May 2008 inspection by EPA, and follow-up investigations, EPA cited the company for RCRA violations involving hazardous waste stored at the facility, including: operating a hazardous waste storage facility without a permit, failure to keep containers of hazardous waste closed during storage, failure to comply with air emission standards equipment marking requirements, failure to comply with air emissions monitoring requirements for pumps and valves in light liquid service , failure to contain universal waste lamps properly, and failure to comply with universal waste labeling and marking requirements.
The alleged violations involve storage and recordkeeping violations and not discharges of hazardous waste. The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter.
As part of the settlement, Sequa has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.
USDA Facility Settles Underground Storage Tank and Hazardous Waste Violations
The U.S. Department of Agriculture’s (USDA) Beltsville Agricultural Research Service, in Beltsville, Maryland, has settled alleged violations of underground storage tank (UST) and hazardous waste regulations.
USDA has agreed to pay a $65,066 civil penalty to settle alleged violations of federal UST regulations which are designed to prevent, detect, and control fuel leaks from underground storage tanks. EPA cited USDA for failing to conduct release detection every 30 days from November 2007 to February 2008 on nine underground storage tanks at the Beltsville facility, failing to perform annual line leak detection tests from March 2002 to December 2007 on two tanks, and failing to perform annual line tightness tests from March 2007 to November 2007 on two tanks.
EPA also cited USDA for violating the Subtitle C Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage and disposal of hazardous waste. The alleged RCRA violations included operating a facility for the storage, treatment and/or disposal of hazardous waste without a permit, failing to clearly label containers of accumulated hazardous waste, not maintaining records of hazardous waste training for facility personnel and failing to determine if the solid waste generated by the facility was hazardous waste, specifically, used aerosol cans generated from the facility’s machinery shop.
The settlement penalty reflects the USDA’s compliance efforts and its cooperation with EPA in the investigation and resolution of this matter. As part of the settlement, USDA has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable requirements.
Virginia Gas Station Owner Will Pay $31,575 Fine for UST Violations
EPA has announced that Petro Marketing and Brokerage Company, Inc. (Petro) and Patricia and John Wynn have settled alleged violations of underground storage tank (UST) regulations at three gas stations in Virginia.
The gas stations are: Petro Plus West End facility, Highway 58, Jonesville, Virginia, Wilderness Trail Market‒Tiger Mart (d/b/a Pioneer Market), Route 58 and Route 897, Ewing, Virginia, and Petro Marketing and Brokerage Company Bulk Plant at Chapel Garden Drive, Jonesville, Virginia.
PETRO and Mr. and Mrs. Wynne have agreed to pay a collective $31,575 civil penalty to settle alleged violations of federal UST regulations designed to prevent, detect, and control fuel leaks from underground storage tanks.
The alleged violations included:
- Petro Plus West End Facility—failure to maintain release detection records for four tanks from August 2005 to March 2006, failure to conduct annual line tightness testing on four tanks from January 2004 to December 2005, and failure to conduct annual line leak detection testing for three tanks from January 2004 to December 2006.
- Wilderness Trail Market Facility—failure to conduct annual line tightness testing on three tanks from January 2003 to December 2005 (the facility was sold in December 2005), and failure to conduct annual line leak detection testing on three tanks from January 2003 to December 2005.
- Petro Bulk Plant Facility—failure to provide release detection on two tanks from November 2005 to March 2008.
As part of the settlement, the company and Mr. and Mrs. Wynn neither admitted nor denied liability for the alleged violations, but certified their compliance with applicable UST regulations. The settlement reflects the company’s cooperation with EPA’s investigation, and good faith compliance efforts.
Ice Skating Rink Fined $22,980 for Ammonia Release
EPA has announced that The Pond, Inc. has agreed to pay a $22,980 civil penalty for allegedly failing to immediately notify emergency response agencies of a hazardous chemical release at the company’s ice skating rink in Newark, Delaware.
EPA cited the company for violating federal laws requiring that releases or spills of hazardous chemicals be reported immediately to appropriate emergency response authorities. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as the Superfund statute) requires facilities to immediately report releases of hazardous substances to the National Response Center, the national point of contact for reporting oil and hazardous chemical spills. The Emergency Planning and Community Right-to-Know Act () mandates that facilities provide similar notification to state and local emergency officials.
According to the EPA, the company did not provide required immediate notices to federal, state and local emergency response officials after the facility accidentally released 300 pounds of anhydrous ammonia over a two-hour and 30 minutes period on Aug. 6, 2006 during maintenance activities.
EPA also alleged that the company did not submit to EPA, the state of Delaware or the local fire department required Chemical Inventory Forms for calendar years 2004, 2005 and 2006 covering the storage of approximately 1,000 pounds of anhydrous ammonia in its two compressors, which are used to cool the ice surfaces of two skating rinks.
The company cooperated with EPA’s investigation and resolution of this matter. In the settlement agreement, the company neither admitted nor denied liability for the alleged violations.
Pennsylvania DEP is Accepting Comments on Stormwater Permit Revisions
Since 2002, designated small municipal separate storm water systems have been required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. By law, the permit must be reviewed and renewed every five years, and Pennsylvania is currently operating under an extension of the review.
Throughout June, DEP has conducted a number of public meetings and public hearings on the revisions to explain the NPDES general permit and solicit comments.
“This NPDES general permit is not a new requirement,” Hanger said. “It does not implement or relate to any new or proposed regulations at either the federal or state level; however it provides a template for meeting existing federal and state water quality regulations. “A proposed section relating to total maximum daily loads, or TMDLs, has been incorporated into the permit to assist those municipalities that are required to meet water quality standards where the waters are impaired,” Hanger explained. A TMDL is a calculation of the maximum amount of a pollutant that a body of water can receive and still safely meet water quality standards. “This proposed section will help municipalities comply with these water quality improvement requirements,” he said.
Most municipalities that are required to obtain or renew their permit will be eligible to use this NPDES general permit. Municipalities can elect to use a more customized approach by using an individual NPDES permit process as an alternative to the DEP proposed NPDES general permit.
The public comment period for submitting written comments ends July 6. Comments should be submitted to Barry Newman, Department of Environmental Protection, Bureau of Watershed Management, Rachel Carson State Office Building, P.O. Box 8775, 10th Floor, Harrisburg, PA 17105-8774, or by e-mail to eppag13comments@state.pa.us. The Department will not accept comments submitted by facsimile or by voice mail.
CT Governor and Attorney General Hails EPA Waiver Allowing State Regulation Of Vehicle Greenhouse Gas Pollution
Governor M. Jodi Rell hailed the EPA’s decision to approve California’s request for stricter greenhouse gas emission standards for motor vehicles, calling the decision an important step forward in efforts to address climate change that will mean the sale of cleaner, greener cars in Connecticut.
"This is a big day for the future of our planet and the ability of states like Connecticut and California to continue their leadership in addressing climate change," Governor Rell said. "After countless delays, much legal wrangling and seemingly endless waiting, states like ours are finally free to put these stringent new standards into effect. The result will be a sharp reduction in the amount of pollutants – by 2020, the equivalent of taking 74 million of today’s cars off the road for an entire year.
Attorney General Richard Blumenthal announced that the EPA-- in a significant victory for the environment and state rights -- has agreed to provide a waiver allowing California, Connecticut and other states to regulate greenhouse gas pollution from vehicles.
Blumenthal and 18 other attorneys general sued the federal government last year after the EPA under former President Bush denied California's request for the waiver under the Clean Air Act.
In a significant reversal -- after President Obama ordered the EPA to reconsider its denial earlier this year -- the EPA has rescinded its earlier denial and granted California, and consequently other states, a waiver allowing stronger state regulation of vehicle emissions.
This decision also comes after President Obama announced plans to adopt a tough national fuel-economy standard, rather than force states to fight pollution alone.
"This waiver will clear our air -- and clear the way for states to protect their people and planet from harmful CO2 pollution," Blumenthal said. "Connecticut has already adopted California's emission standards -- blocked by the Bush administration's refusal to grant a waiver -- which will reduce greenhouse gases from cars by 30 percent by 2016.
"Today's waiver enables Connecticut to enforce the California standards, compelling manufacturers to submit data demonstrating that they have met emissions goals.
"The federal government has gone from a bullying blockade to a powerful partner in the fight against CO2 pollution -- enabling states to adopt tougher standards, but also joining states by promising strong national standards. This decision is a vital victory for environmental protection, but also state rights to protect citizens from public health harm."
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Trivia Question of the Week
The amount of plastic that will be produced this decade will nearly equal the total produced in the past
a. 20 years
b. 40 years
c. 60 years
d. Century