EPA Proposes to Cut Pollution from Power Plants in 31 States

July 12, 2010

EPA is proposing regulations to cut air pollution that impairs air quality and harms the health of people living downwind. Air pollution is linked to thousands of asthma cases and heart attacks, and almost 2 million lost school or work days. Along with local and state air pollution controls, the new proposal, called the transport rule, is designed to help areas in the eastern United States meet existing national air quality health standards.

“This rule is designed to cut pollution that spreads hundreds of miles and has enormous negative impacts on millions of Americans,” said EPA Administrator Lisa P. Jackson. “We’re working to limit pollution at its source, rather than waiting for it to move across the country. The reductions we’re proposing will save billions in health costs, help increase American educational and economic productivity, and—most importantly—save lives.”

The transport rule would reduce power plant emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) to meet state-by-state emission reductions. By 2014, the rule and other state and EPA actions would reduce SO2 emissions by 71% over 2005 levels. NOx emissions would drop by 52%.

EPA is using the “good neighbor” provision of the Clean Air Act (CAA) to reduce interstate transport, which is the upwind state emissions that contribute to air quality problems in downwind states. The proposed rule sets in place a new approach that can and will be applied again as further pollution reductions are needed to help areas meet air quality health standards.

SO2 and NOx react in the atmosphere to form fine particle pollution and ground-level ozone (smog), which are linked to widespread illnesses and premature deaths. These pollutants are carried on the wind to other states, contributing to health problems for their residents and interfering with states’ ability to meet air quality standards.

This action would yield more than $120 billion in annual health benefits in 2014, including avoiding an estimated 14,000 to 36,000 premature deaths, 23,000 nonfatal heart attacks, 21,000 cases of acute bronchitis, 240,000 cases of aggravated asthma, and 1.9 million days when people miss school or work due to ozone- and particle pollution-related symptoms. These benefits would far outweigh the annual cost of compliance with the proposed rule, which EPA estimates at $2.8 billion in 2014.

EPA expects that the emission reductions will be accomplished by proven and readily available pollution control technologies already in place at many power plants across the country.

The transport rule also would help improve visibility in state and national parks and would increase protection for ecosystems that are sensitive to pollution, including streams in the Appalachians, lakes in the Adirondacks, estuaries and coastal waters, and red maple forests.

The proposal would replace and improve upon the 2005 Clean Air Interstate Rule (CAIR), which the U.S. Court of Appeals for the D.C. Circuit ordered EPA to revise in 2008. The court allowed CAIR to remain in place temporarily while EPA works to finalize the replacement rule.

EPA will take public comment on the proposal for 60 days after the rule is published in the Federal Register. The agency also will hold public hearings. Dates and locations for the hearings will be announced shortly.

Advertising Opportunities Available

Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™.

EPA Extends Training Deadline for Lead-Paint Rule

Beginning on July 6, all contractors performing renovation, repair, or painting work in homes built before 1978 must follow lead-safe work practice requirements. 

At present, almost a million children have elevated blood lead levels as a result of exposure to lead hazards, which can lead to lower intelligence, learning disabilities, and behavior issues. Adults exposed to lead hazards can suffer from high blood pressure and headaches. EPA has eliminated the so-called opt-out provision because improper renovations in older homes can create lead hazards resulting in harmful health effects for residents and visitors in these homes, regardless of age. The result will better protect children and adult occupants during and after renovation, repair, and painting projects.

In April 2008, EPA issued the Lead Renovation, Repair, and Painting (RRP), which required the use of lead-safe work practices in pre-1978 homes but included the opt-out provision. EPA’s new rule, removes the opt-out provision and makes the RRP consistent with statutory requirements.

The RRP rule requires certification of training providers and lead-safe work practice certification for individuals involved in the construction and remodeling industry. To date, EPA has certified 254 training providers who have conducted more than 16,000 courses and trained an estimated 320,000 renovators in lead-safe work practices.

Because of concern that contractors in some areas may be having difficulty accessing training classes, EPA recently announced that it is providing renovation firms and workers additional time to obtain training and certifications to comply with the new lead rules. EPA will not take enforcement action for violations of the rule’s firm certification requirement until October 1, 2010, and will not enforce certification requirements against individual renovation workers if they apply to enroll in certified renovator classes by September 30, 2010 and complete the training by December 31, 2010.

The agency will continue to take enforcement actions against renovation firms and individuals who do not comply with the RRP work practices and associated recordkeeping requirements. The lead-safe work practices include dust control, site clean up, and work area containment. It is important that contractors take proactive steps to protect children, families, and themselves while they take the training and file the appropriate paperwork.

$168,000 Penalty for Improper Shipment of Lithium Batteries and Flammable Liquids

The Federal Aviation Administration (FAA) is proposing a $168,000 civil penalty against D & M Custom Injection Molding Corp., of Burlington, Illinois, doing business as D & M Plastics, for alleged violations of DOT’s hazardous materials regulations.

D & M offered a five-piece shipment of approximately 2,000 Runyan Rapp E-Mysticks smokeless cigarettes to Federal Express for transportation by air from Indianapolis to Minneapolis-St. Paul, August 14, 2009. Each smokeless cigarette contained alcohol, a flammable liquid, and a lithium battery, a hazardous material. Each box contained 400 E-Mysticks, including 7.6 kg of lithium batteries, exceeding the 5 kg limit for shipment aboard passenger aircraft. Because the shipment was not packaged in accordance with regulations, it was forbidden on all aircraft, including all-cargo flights.

As the flight approached Minneapolis-St. Paul International Airport, the FedEx flight crew received a fire warning on the instrument panel. The crew discharged the fire suppression system during the landing and taxied to the gate. The airport fire department responded and extinguished a fire in an LD3 cargo container. The fire was started by the lithium batteries in the shipment.

D & M offered the shipment for transportation by air when it was not packaged, marked, classed, described, labeled, or in condition for shipment as required by regulations.

EPA Takes Action to Strengthen Environmental and Public Health Protection for the L.A. River Basin

EPA Administrator Lisa P. Jackson announced the Agency’s decision that will ensure more effective protection under the Clean Water Act (CWA) for the Los Angeles River and for those who use the river for boating, fishing, and other recreational and commercial opportunities. The announcement strengthens future environmental protection for the entire 51-mile river and for small streams and wetlands throughout the L.A. River Basin, affirming the Agency’s commitment to urban communities and natural resources. The decision reflects years of work by EPA, in coordination with federal, state, and local partners and the public, to strengthen future protection for the river and surrounding watershed.

“This designation assures the community that their local waters are protected by the nation’s water laws,” said EPA Administrator Lisa P. Jackson. “A clean, vibrant L.A. River system can help revitalize struggling communities, promoting growth and jobs for residents of Los Angeles. We want the L.A. River to demonstrate how urban waterways across the country can serve as assets in building stronger neighborhoods, attracting new businesses and creating new jobs.”

“I am pleased that the EPA has acted to protect the Los Angeles River,” said Rep. Henry A. Waxman, who represents California’s 30th Congressional District. “I have long fought for the river to be protected, and this action today will ensure that the river and the entire Los Angeles River Basin will retain their Clean Water Act protections. I hope this step will put our efforts to revitalize this important waterway back on track.”

This action clarifies the legal status of the L.A. River under the CWA and strengthens protection for the tributary streams and wetlands that make up the L.A. River watershed. EPA’s decision enhances the ability of the EPA, in coordination with the Army Corps of Engineers, the State, and the City, to fight pollution and protect the health and safety of those who use these waters. In particular, it will help federal, state, and local agencies stop the future destruction of natural streams, wetlands, and other waters remaining in the L.A. Basin that are important for water quality, wildlife, recreation, and public health, as well as reducing harm to the watershed caused by polluted stormwater runoff.

Los Angeles Mayor Antonio R. Villaraigosa, Los Angeles County Supervisor Mark Ridley-Thomas, and other local, state, and federal elected officials joined Jackson for the announcement at Compton Creek. In addition, students from Compton High School Agua University engaged officials with a demonstration on water quality testing.

Much of the Los Angeles River is accessible through interstate highways, surface streets, and parks and is home to a 49-mile formal and informal bicycle trail. The public regularly uses the river for recreational boating, fishing, educational activities, bird watching, artistic festivals, and other community activities.

The L.A. River begins at the confluence of Arroyo Calabasas and Bell Creek in the San Fernando Valley and flows to the Pacific Ocean at the San Pedro Bay. This decision designates the Los Angeles River a “Traditional Navigable Water,” one of several categories of jurisdictional waters under the CWA. The designation is based on a myriad of factors including the river’s current and historical navigation by water craft, current commercial and recreation uses, and established local plans for restoration of the river.

EPA is responsible for identifying waters protected under the Act and works with its federal, state, and local partners to protect public health and the environment. Assuring the ecological integrity of the Nation’s waters also enhances economic opportunities dependent on abundant, clean, and healthy aquatic resources.

NOAA: U.S. had Eighth Warmest June on Record, Above-Normal Precipitation

NOAA’s State of the Climate report shows the June 2010 average temperature for the contiguous United States was 71.4 degrees F, which is 2.2 degrees F above the long-term average (1901-2000). The average precipitation for June was 3.33 inches, 0.44 inch above the long-term average.

Based on records dating back to 1895, this monthly analysis prepared by scientists at NOAA’s National Climatic Data Center in Asheville, North Carolina, is part of the suite of climate services NOAA provides.

US Temperature Highlights

  • A deep layer of high pressure dominated much of the eastern United States, bringing a southerly influx of warm air, which contributed to record high temperatures.
  • The Southeast, South, and Central regions experienced their second, fifth, and seventh warmest June on record, respectively. Only the Northwest averaged a temperature below normal for June.
  • Record-warm June temperatures occurred in Delaware, New Jersey, and North Carolina; each had average temperatures between 5 and 6 degrees F above the long-term mean. Seventeen other states had temperatures that ranked among their 10 warmest for June. Only Oregon and Washington had below normal average temperatures for June.
  • Halfway through 2010, Maine, New Hampshire, Vermont, and Rhode Island have experienced their warmest January-June period on record. Eight other states in the Northeast and Great Lakes areas had a top-10 warm January-June period. In contrast, Florida has observed its seventh-coolest year-to-date on record.
  • Persistent warmth made the year’s second quarter (April-June) much warmer than normal for 20 states, which had either their warmest, or second-warmest such period on record. This contributed to the warmest April-June on record for both the Northeast and Southeast Climate Regions.
  • There were significant cool conditions in the West and Northwest. Oregon and Idaho had below normal temperatures for April-June, which led to the Northwest Climate Region’s ninth coolest such period.

US Precipitation Highlights

  • The prevailing high pressure that brought warmth to the South and Southeast also blocked many storm systems from entering the region, increasing the threat of drought. However, the active upper level pattern in the northern tier states alleviated drought conditions and produced record flooding in the High Plains.
  • Michigan had its wettest June on record, followed by: Iowa (2nd wettest), Nebraska and Illinois (3rd), Indiana (4th), Wisconsin (5th), Oregon (6th), and Ohio (10th). Maryland and Virginia experienced below average precipitation for June.
  • Precipitation during the year’s second quarter (April-June) was more widespread as Iowa and Washington each had its second wettest such period. It was Oregon’s fourth and Nebraska’s ninth wettest while persistent dryness in Maryland, Delaware, and New Jersey has resulted in their seventh, ninth, and tenth driest such periods, respectively.

Other Highlights

  • Alex, the first June hurricane in the Atlantic since 1995, made landfall just south of the U.S.-Mexico border on June 30th, affecting portions of South Texas. Alex’s sustained winds of 105 mph made it June’s most intense Atlantic hurricane since Alma in 1966.
  • NCDC’s Climate Extremes Index for the first half of 2010 was about 6% higher than the historical average. The CEI measures the occurrence of several types of climate extremes, like record or near-record warmth, dry spells, or rainy periods. The elevated 2010 value was driven by large footprints of: extreme wetness (more than three times the average footprint), warm minimum temperatures (“warm overnight lows”), and areas experiencing heavy one-day precipitation events.
  • NOAA’s Storm Prediction Center tabulated 387 preliminary tornado reports during June. If confirmed, this will be the second most active June on record, behind 1992.
  • NOAA’s Residential Energy Demand Temperature Index indicated June’s temperature-related energy demand for the contiguous U.S. was 11.9% above average. The unusual warmth in the highly populated South and Southeast resulted in the second highest June value in 116 years.
  • Drought coverage decreased slightly in June. The U.S. Drought Monitor reported 8.5% of the United States was affected by drought on June 29. Slight improvements were seen in the Northern Rockies and western Great Lakes during June, while conditions deteriorated in Louisiana.

NCDC’s State of the Climate reports are released soon after the end of each month. These analyses are based on preliminary data, which are subject to revision. Additional quality control is applied to the data when late reports are received several weeks after the end of the month and as increased scientific methods improve NCDC’s processing algorithms.

DNREC Fines Arlon, Inc. $11,500 for Hazardous Waste Violations

Delaware Department of Natural Resources and Environmental Control Secretary Collin O’Mara has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Arlon, Inc., for violations of Delaware’s regulations governing hazardous waste at its Bear, Delaware, facility. The order includes a cash penalty of $10,000 and an additional $1,500 as cost recovery reimbursement to the Department for expenses associated with its investigation.

Arlon develops and manufactures specialty silicone compounds, components, and coated fabrics.

During a compliance assessment on December 3, 2008, the Department identified 20 violations of Delaware’s hazardous waste regulations. The violations include storing hazardous waste in open containers, exceeding hazardous waste accumulation area time period requirements, failing to conduct weekly inspections of hazardous waste accumulation areas, and failing to document and maintain hazardous waste training records, in addition to other violations. On February 17, 2009, the Department issued a notice of violation to Arlon addressing these issues.

2 Gallon Oil Spill Results in $15,500 Fine

The Washington Department of Ecology (Ecology) has fined Olympic Tug & Barge Company (Olympic) $15,500 for an April 13, 2009 spill of two gallons of diesel fuel to the East Waterway off Harbor Island in Seattle.

The incident involved crew inattention during a fuel transfer between two tug boats, according to findings in an Ecology investigation.

“Washington law is very clear about oil spill prevention,” said Dale Jensen, who manages Ecology’s spill prevention, preparedness, and response program. “All fuel transfers are serious business, every time. This penalty is about a failure to exercise that care.”

Olympic crews began to transfer 25,000 gallons of diesel fuel from one tug boat into another. About 13,000 gallons into the transfer, a crew member noticed fuel flowing out of a vent tube. The crews stopped the transfer, began cleanup work, and notified Ecology and the U.S. Coast Guard.

The spill totaled five gallons. Three gallons remained on deck, and two went into the East Waterway.

Ecology’s follow-up investigation—conducted with the Coast Guard and with Olympic’s full cooperation—determined that the oil spill was primarily caused by one tug’s crew failing to follow Olympic’s own oil transfer policies.

“Olympic has a ‘zero spills in the water’ policy and takes any spill very seriously,” said Sven Christensen, Olympic General Manager. “In the investigation following this incident, responsible crew members were found to have failed to comply with established company procedures. Since this incident, Olympic has established consolidated and updated vessel-specific transfer procedures and redoubled its training of all crew members to ensure that they comply fully with the transfer procedures in all instances. Olympic has not had a single fuel transfer spill in the year since this new training was put in place.”

Olympic has received and paid four other spill penalties in recent years.

“Olympic Tug & Barge has worked with us to develop effective spill prevention policies,” said Jensen. “We just need to ensure the policy becomes practice on Olympics vessels.”

The East Waterway connects the Duwamish Waterway with Elliott Bay on Puget Sound. The area hosts bald eagles, chum, coho salmon, and Puget Sound chinook salmon, which is listed as threatened under the federal Endangered Species Act.

Olympic may request Ecology reconsideration of the penalty or file an appeal to the Washington State Pollution Control Hearings Board within 30 days.

Prevention, preparedness, and response to fuel and other oil spills are parts of Ecology’s commitment to protect against toxic threats to people and the environment and to meet the state’s goal of protecting and restoring Puget Sound by 2020.

$11,485 Penalty for Excavating and Stockpiling Soil Containing PCBs

The Massachusetts Department of Environmental Protection (MassDEP) has penalized the Reading Municipal Light Department (RMLD) $11,485 for violations involving the excavation and storage of contaminated soil at 571 West Street in Reading, Massachusetts. RMLD has owned and operated a substation at this location since 1970, and had knowledge that this facility previously used oil containing polychlorinated biphenyls (PCBs), a hazardous material.

Beginning on July 20, 2009, RMLD began excavation at the site and stockpiled excavated soil within 500 feet of a residence. The site also abutted a wetland and was within the Zone II protective radius of a public water supply well. The contractor that began work at the site for RMLD sampled the soil over a month later on August 27, 2009 and determined it contained 9.1 milligrams per kilogram (mg/kg) of PCBs, well above the reportable level of 2 mg/kg.

MassDEP was notified a week later, on September 3, 2009, by a licensed site professional, who had subsequently been retained by RMLD, and who had also relocated the soil to a more proper storage area, on top of a plastic liner, and fenced the area off. RMLD was also found to have violated waste site cleanup regulations by transferring 1,200 cubic yards of this contaminated soil to a facility in New York without prior notification to MassDEP.

“This incident could have been prevented if the municipal light department had a better system in place that took into account its own stewardship of this site, and its past management practices over the last 40 years, which would have raised the potential of PCBs in the soil before excavation began,” said Richard Chalpin, director of MassDEP’s Northeast Regional Office in Wilmington.

In addition to the penalty and agreeing to fully comply with all waste site cleanup requirements to fully remediate existing site conditions, RMLD has agreed to revise, amend and modify its spill detection, prevention and response systems, in order that it may properly identify and respond to site conditions involving oil or hazardous materials in the future.

$7,000 Penalty for NOX Violation

The Montana Department of Environmental Quality (DEQ) has settled its administrative enforcement action against Williston Basin Interstate Pipeline Company (WBI) for violations of the CAA of Montana at the Baker Booster and Sandstone Creek Compressor Stations in Fallon County, Montana.

In its enforcement action, DEQ alleged that WBI’s emission test results from the April 22, 2009 compliance test indicated that the oxides of nitrogen (NOx) emissions for the Waukesha compressor engine exceeded their air quality permit limits. The company immediately shut down the engine following the compliance test. On May 1, 2009, a follow-up compliance test showed that NOx emissions were within their permit limits.

To resolve the violation, WBI paid an administrative penalty in the amount of $7,000.

EPA Launches a Collaborative Website for Integrated Environmental Modeling

EPA launched a new on-line tool for scientific collaboration and knowledge sharing that was built by Purdue University with support from EPA. The Integrated Environmental Modeling Hub () allows environmental researchers to analyze environmental problems and combine environmental models so that a better understanding of the environment can be developed—everything from keeping beaches clean to predicting climate effects.

“This new on-line collaborative tool will help us increase our understanding of the complex nature of environmental problems. It will advance our ability to predict the impacts of our actions on the environment,” said Paul T. Anastas, Ph.D., EPA’s assistant administrator for the Office of Research and Development. “We’ve all seen the power of social networking in helping people stay connected, with the launch of this new site, that potential is now available on a professional level to environmental researchers and modelers.”

EPA uses integrated modeling assessments to inform decision making in support of its broad mission of protecting human health and safeguarding the environment. With the Website, the agency is providing a state-of-the-art resource to the environmental modeling community. The iemHUB supports the development of integrated models and their use in conducting research and informing the decision making process.

The iemHUB is being released by the EPA-supported Community of Practice for Integrated Environmental Modeling (CIEM). The Community of Practice is an informal collaborative organization that was set up by EPA and other scientists to advance the state of the science and technology related to integrated modeling.

Environmental News Links

 

Trivia Question of the Week

By using WaterSense certified showerheads, the average household could save about how much water per year?
a. 900 gallons
b. 2,300 gallons
c. 9,000 gallons
d. 23,000 gallons