According to the Agency, this one-hour health standard will protect millions of Americans from short-term exposure to SO2, which is primarily emitted from power plants and other industrial facilities. Exposure to SO2 can aggravate asthma and cause other respiratory difficulties. People with asthma, children, and the elderly are especially vulnerable to the effects of SO2.
“We’re taking on an old problem in a new way, one designed to give all American communities the clean air protections they deserve. Moving to a one-hour standard and monitoring in the areas with the highest SO2 levels is the most efficient and effective way to protect against sulfur dioxide pollution in the air we breathe,” said EPA Administrator Lisa P. Jackson. “This is one of many pollutants we’ve been able to significantly reduce through the Clean Air Act, keeping people healthy, protecting our environment and growing our economy. This new standard—the first in almost 40 years—will ensure continued success in meeting these challenges.”
EPA is setting the one-hour SO2 health standard at 75 parts per billion (ppb), a level designed to protect against short-term exposures ranging from five minutes to 24 hours. EPA is revoking the current 24-hour and annual SO2 health standards because the science indicates that short-term exposures are of greatest concern and the existing standards would not provide additional health benefits.
EPA is also changing the monitoring requirements for SO2. The new requirements assure that monitors will be placed where SO2 emissions impact populated areas. Any new monitors required by this rule must begin operating no later than January 1, 2013. EPA is expecting to use modeling as well as monitoring to determine compliance with the new standard.
The final rule also changes the Air Quality Index to reflect the revised SO2 standard. This change will improve states’ ability to alert the public when short-term SO2 levels may affect their health.
EPA estimates that the health benefits associated with this rule range between $13 billion and $33 billion annually. These benefits include preventing 2,300 to 5,900 premature deaths and 54,000 asthma attacks a year. The estimated cost in 2020 to fully implement this standard is approximately $1.5 billion.
The first National Ambient Air Quality Standards for SO2 were set 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 71%since 1980.
The final rule 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 review to be completed in 2012.
EPA expects to identify or designate areas not meeting the new standard by June 2012.
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EPA Proposes New Permit Requirements for Pesticide Discharges to Waterways
This action is in response to an April 9, 2009 court decision that found that pesticide discharges to U.S. waters were pollutants, thus requiring a permit.
The proposed permit, released for public comment and developed in collaboration with states, would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment, and monitor for and report adverse incidents. Additional controls, such as integrated pest management practices, are built into the permit for operators who exceed an annual treatment area threshold.
“EPA believes this draft permit strikes a balance between using pesticides to control pests and protecting human health and water quality,” said Peter S. Silva, assistant administrator for EPA’s Office of Water.
EPA estimates that the pesticide general permit will affect approximately 35,000 pesticide applicators nationally that perform approximately half a million pesticide applications annually. The agency’s draft permit covers the following pesticide uses: 1) mosquito and other flying insect pest control; 2) aquatic weed and algae control; 3) aquatic nuisance animal control; and 4) forest canopy pest control. It does not cover terrestrial applications to control pests on agricultural crops or forest floors. EPA is soliciting public comment on whether additional use patterns should be covered by this general permit.
The agency plans to finalize the permit in December 2010. It will take effect April 9, 2011. Once finalized, the pesticide general permit will be used in states, territories, tribal lands, and federal facilities where EPA is the authorized permitting authority. In the remaining 44 states, states will issue the pesticide general permits. EPA has been working closely with these states to concurrently develop their permits.
EPA will hold three public meetings, a public hearing, and a webcast on the draft general permit to present the proposed requirements of the permit, present the basis for those requirements, and to answer questions. EPA will accept written comments on the draft permit for 45 days after publication in the Federal Register.
Military Develops Multi-Purpose Green Decontaminants for Terrorist Attack Sites
Chemists with the U.S. military have developed a set of ultra-strength cleaners that could be used in the aftermath of a terrorist attack. The new formulas are tough enough to get rid of nerve gas, mustard gas, radioactive isotopes, and anthrax. But they are also non-toxic, based on ingredients found in foods, cosmetics, and other consumer products.
George Wagner and colleagues explained that chlorine- and lye-based decontamination agents have serious drawbacks. In addition to being potentially hazardous, they can react with chemical weapons and materials in the environment to form new toxic substances. If the military needed to decontaminate a large area, the runoff could harm people and the environment. To solve that problem, military scientists developed the Decon Green suite of decontamination agents. The main ingredients in each Decon Green formula are peroxides, the same substances that are in many household cleaners and whitening toothpaste. To bolster their effectiveness, the peroxides are mixed with bicarbonates or other non-toxic bases. That combination produces peroxyanions, highly reactive ions that can clean just about anything. It ensures that chemical weapons, like nerve gas, will break down completely.
Wagner describes putting the new cleaning agents through an exhaustive battery of tests. His team concluded that each formula can break down toxic chemicals, rather than just washing them away. They also showed that Decon Green is quite good at killing anthrax spores, and removing radioactive cesium and cobalt from smooth surfaces. One of the formulas that they tested can work in sub-zero temperatures. Another is a powder, which can be easily transported and mixed with water at the scene of an emergency. All but one of the ingredients in liquid Decon Green can be found in food, cosmetics, hygiene products, or vitamin pills.
EPA Releases Draft Formaldehyde Assessment Report for Peer Review
Formaldehyde is widely used and can be found in many consumer products.
This assessment will help EPA and others to determine the level of risk it poses to Americans’ health. EPA undertook this assessment because there have been a number of potentially significant new studies published since EPA’s last review of formaldehyde toxicity.
EPA’s draft formaldehyde assessment will be reviewed by an expert panel convened by the National Academy of Sciences. EPA will consider all public comments on its draft and will use the guidance from the National Academy of Sciences as it completes its IRIS Health Assessment for Formaldehyde.
EPA will accept written comments on the draft assessment until August 31, 2010.
Manufacturing Facilities Release Pharmaceuticals to the Environment
Pharmaceutical manufacturing facilities can be a significant source of pharmaceuticals going to surface waters, according to a new study by the U.S. Geological Survey (USGS) conducted in cooperation with the State of New York.
Outflow from two wastewater treatment plants in New York that receive more than 20% of their wastewater from pharmaceutical facilities had concentrations of pharmaceuticals that were 10 to 1000 times higher than outflows from 24 plants nationwide that do not receive wastewater from pharmaceutical manufacturers.
“This is the first study in the U.S. to identify pharmaceutical manufacturing facilities as a significant source of pharmaceuticals to the environment,” said Matthew C. Larsen, USGS Associate Director for Water. “The USGS is working with water utilities to evaluate alternative water treatment technologies with the goal of reducing the release of pharmaceuticals and other emerging contaminants to the environment.”
Maximum concentrations in outflows from the two wastewater treatment plants in New York were:
- 3,800 parts per billion (ppb) of metaxalone (a muscle relaxant)
- 1,700 ppb of oxycodone (an opioid prescribed for pain relief)
- Greater than 400 ppb of methadone (an opioid prescribed for pain relief and drug withdrawal)
- 160 ppb of butalbital (a barbiturate)
- Greater than 40 ppb of phendimetrazine (a stimulant prescribed for obesity) and carisoprodol (a muscle relaxant)
- 3.9 ppb diazepam (an anti-anxiety medication)
While pharmaceutical concentrations were significantly lower in receiving streams, measurable concentrations were detected as far as 20 miles downstream. By contrast, outflow from the wastewater treatment plants that do not receive wastewater from pharmaceutical manufacturing facilities had concentrations that rarely exceeded one ppb.
“This study would not have been possible without the cooperation and support of the New York Department of Environmental Conservation and wastewater treatment plants in New York and nationwide,” said USGS scientist Patrick Phillips, who led the study. “We continue to work with the NYS DEC to monitor the quality of the outflows and receiving streams.”
For this study, USGS scientists collected outflow samples periodically from 2004 to 2009 from three New York wastewater treatment plants, two of which receive more than 20% of their wastewater from pharmaceutical manufacturing facilities. USGS also collected samples from 2006-2009 from 23 selected wastewater treatment plants across the nation that do not receive wastewater from pharmaceutical manufacturing facilities.
All of the samples were analyzed for seven pharmaceuticals, including opioids and muscle relaxants, representing some of the most frequently prescribed medications in the U.S. Some pharmaceuticals studied have not previously been included in environmental studies.
The pharmaceuticals investigated in this study were identified using a forensic approach that identified initially unknown chemicals present in the wastewater treatment plant outflows at elevated levels. Although public records were not available for all pharmaceuticals formulated at these sites, available data indicate that these seven pharmaceuticals are manufactured at one or both of the New York facilities involved in the study. Additional pharmaceuticals were identified in the outflow of these two wastewater treatment plants, and ongoing studies are documenting the levels at which they occur in the environment.
This study is part of a long-term effort to determine the fate and effects of chemicals of emerging environmental concern and to provide water-resource managers with objective information that assists in the development of effective water management practices.
Water Superintendent and Filtration Plant Employees Convicted for Dumping Sludge into River
New York Attorney General Andrew M. Cuomo has announced that a former city water filtration plant superintendent as well as a plant employee were convicted of illegally dumping sludge into the Susquehanna River. The river is the primary drinking water supply for Binghamton, Johnson City, and other downstream communities.
Daniel E. Rose, of Port Crane, New York, a former filtration plant employee, was found guilty by a Broome County Court Judge after a non-jury trial on one count of knowingly discharging pollutants into state waters (class E felony). Kevin E. Transue, who currently resides in Florida and is the former filtration plant superintendent was found guilty of three counts of violating a New York State Department of Environmental Conservation (DEC) permit that had been issued to the plant by failing to file a required annual report with the DEC (which is a Class A misdemeanor). Rose faces a prison term of up to 1 1/3-to-4 years and Transue faces up to two years in jail. Sentencing is scheduled for September 8th.
“The failure of these public employees to do their jobs properly resulted in a preventable, and ultimately criminal, discharge of sludge into the Susquehanna River,” said Attorney General Cuomo. “Environmental crimes impact all of us and my office will have zero tolerance for anyone who violates the laws that protect the land and water.”
Video shot by DEC investigators that was presented at trial clearly shows a sludge discharge directly into the Susquehanna River while Rose was on duty. The judge also found that Transue failed in his duties to monitor and report discharges. The discharge is contrary to the DEC permit that was first issued to the plant in March 2001. The permit only allows for the discharge of water into the river under specific limited circumstances.
As part of the purification process at the Binghamton water filtration plant, chemicals are introduced to water drawn from the river, which combine with sediments and other impurities, and then settle to the bottom of sedimentation basins. The remaining water is then further treated for public consumption. The separated chemicals and sediments, referred to as “sludge,” are then drained to the sewer system where the sludge is treated and legally disposed of.
The Susquehanna River is one of the longest rivers in the United States, and the longest on the Eastern Seaboard.
Northern States Power Co. to Pay $15, 075 for Reporting Spills Late
Northern States Power Co. (NSP) has agreed to pay a $15,075 civil penalty for allegedly failing to immediately notify the Minnesota Pollution Control Agency (MPCA), via the Minnesota Duty Officer, of a number of spills of substances that had the potential to cause water pollution.
NSP, an electricity and natural gas supply company, owns and operates 10 electrical power plants and more than 100,000 miles of transmission and distribution lines in Minnesota. The facilities and equipment operated by NSP have the potential to discharge substances that can cause water pollution if they are not recovered. Minnesota law requires that any such discharges be reported immediately to the MPCA.
Between April 2007 and December 2009, NSP personnel reported 775 spills. About 20 of these spills were reported to the Minnesota Duty Officer between one and 42 days after they were discovered by NSP staff. The spills that were reported late were of hydraulic fluid, mineral oil, which in one instance contained PCBs or polychlorinated biphenols, and turbine oil. Despite their being reported late, NSP maintained that these spills were promptly cleaned up in accordance with federal and state laws and regulations.
The MPCA says it is critical that all spills be reported immediately. Spills that go unreported or that are reported late hinder the agency’s oversight of spill cleanup and sometimes necessitate expensive investigation to find the source of “mystery” spills.
The settlement reached between the MPCA and NSP is a stipulation agreement, one of the tools the MPCA uses to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Able Restoration Fined $17,050 for Asbestos Violations at Cross Street Site in Lawrence
The Massachusetts Department of Environmental Protection (MassDEP) has penalized Rockland-based Able Restoration $17,050 for asbestos violations discovered during an inspection of a residence in Lawrence, Massachusetts.
During an August 2009 inspection, MassDEP found asbestos-containing exterior siding had been improperly removed and scattered on the soil outside the building. The asbestos was also found in containers that were not properly sealed. Additionally, asbestos-containing piping insulation was found inside the building on the basement floor.
MassDEP required Able Restoration to cease further activity and retain the services of a licensed asbestos-removal contractor to prepare and submit a plan for the proper removal and packaging of the remaining asbestos-containing material.
“Before demolition activities like this, or as they are sometimes called renovations, those who are doing the work need to properly assess whether there is any asbestos-containing material involved, and that applies for residential, commercial or industrial properties,” said Richard Chalpin, director of MassDEP’s Northeast Regional Office in Wilmington. “Filing of a demolition permit notification is the first step, and that permit is available on line or at any MassDEP office.”
Able Restoration subsequently retained the services of a licensed asbestos contractor to properly complete the removal and disposal of the remaining asbestos-containing material. In addition, Able Restoration has agreed to pay $12,700 of the penalty while MassDEP has agreed to suspend the remaining $4,350 pending continued compliance for a period of one year.
Gulf Conservationists Challenge BP Oil Disaster Cleanup Plan
The clean up plan was approved in July 2009 prior to the approval of the exploratory drilling plan. If successful, this legal challenge will result in a court ruling that Minerals Management Service’s approval of BP’s spill cleanup plan was illegal and a new plan needs to be crafted and approved before BP can do any more exploratory oil drilling.
In its spill plan, BP claimed it could contain any possible spill by vacuuming up over 20 million gallons of oil per day. BP’s actual recovery rate since the Deepwater Horizon explosion has turned out to be about 2% of that.
“Other BP rigs in the Gulf are relying on the same deceptive response plan,” said Earthjustice attorney David Guest. “BP’s clean-up story was as phony as a three dollar bill.”
Earthjustice is representing the Gulf Restoration Network and Sierra Club in the lawsuit.
“BP promised they could drill safely. Their plan for cleaning up a spill turned out to be complete make-believe,” said Sierra Club executive director Michael Brune. “We’re now looking at the largest environmental disaster in American history, with no end in sight. BP cheated on safety plans, and the Minerals Management Service stood by and let them. We need to make sure the oil industry doesn’t get away with this again.”
The spill in the Gulf of Mexico now covers over 10,000 square miles, stretching from Louisiana to the Florida Panhandle. The spill is approaching twice the size of the Exxon Valdez spill.
“To watch this spill move along the Gulf coast, wrecking marshes and beaches and fishing grounds, is truly horrifying,” said Cynthia Sarthou of the Gulf Restoration Network. “Our federal regulators failed to watch out for all of us who depend on the Gulf of Mexico. If Minerals Management Service had done its job, and rejected BP’s unrealistic oil spill response projections, it would have compelled BP to prepare for the type of spill that is plaguing the Gulf today.”
Earthjustice filed six other federal suits against Minerals Management Service in May. The first challenges the federal agency’s illegal exemption of oil drilling companies from critical safety and environmental requirements. The others challenge five deepwater exploratory drilling plans that were approved using the illegal exemption. Additionally, Earthjustice has filed a Freedom of Information Act petition aimed at uncovering what chemicals are in the dispersants being used to break up the oil spill.
$1 Million Fine for Clean Water Act Violations
The Alaska Department of Transportation and Public Facilities (ADOT) has agreed to pay nearly $1 million to resolve allegations that it violated the Clean Water Act at numerous sites in Alaska. Two ADOT contractors also entered into settlement agreements with the federal government and have agreed to pay more than a quarter million dollars in civil penalties.
Under a settlement agreement filed with the federal court in Anchorage, Alaska, ADOT will pay $850,000 for acquisition and permanent protection of riverbanks on the Kenai Peninsula. The money will be transferred to the Kachemak Heritage Land Trust to protect water quality and salmon habitat in the watersheds where the alleged violations occurred. The settlement also requires both ADOT and its contractors to implement a comprehensive storm water quality training program for its employees and ADOT is also required to pay a $140,000 civil penalty.
According to a complaint filed simultaneously with the settlement, in the summer and fall of 2005 and 2006, ADOT through its contractors violated storm water pollution and prevention provisions of the Clean Water Act by failing to implement and maintain best management practices at three sites including the Abbott Loop extension and the C Street extension project in Anchorage as well as the construction of the Kenai Bridge on the Sterling Highway in Soldotna, Alaska.
The complaint also alleges that, in the fall of 2002, ADOT placed fill material into waters at more than ten construction sites on the Kenai Peninsula without a permit as required by the Clean Water Act. The work took place following two large floods.
Additionally, the two ADOT contractors have agreed to pay civil penalties and undertake various remedial actions to resolve the government’s claims. Colaska Inc., formerly Quality Asphalt and Paving (QAP), the contractor for the C Street project in Anchorage, has agreed to pay a $50,000 civil penalty. Granite Construction Company, the successor to Wilder Construction Co., which was the contractor for the Kenai River Bridge project in Soldotna and the Abbott Loop Extension in Anchorage, has agreed to pay a $250,000 civil penalty. Both companies have also agreed to train critical employees, and increase the frequency and quality of inspections at active projects, and ensure compliance with storm water regulations.
$12,500 Penalty Issued for Hazardous Waste Burn Barrel
The Pennsylvania Department of Environmental Protection has fined GEC Enterprises Inc., owners of The Sign Shop, of Mansfield, Pennsylvania, $12,500 for hazardous waste violations it committed in March 2009.
“During a complaint investigation last March at The Sign Shop, DEP inspectors discovered that hazardous waste paint and lacquer thinner were being illegally disposed and burned in a barrel in violation of the Solid Waste Management Act,” said DEP North-central Regional Director, Nels Taber.
DEP sampled the ash in the burn barrel and the results showed it contained toluene, a federally listed hazardous waste. In addition, the company did not properly label its stored hazardous waste.
The department advised the owners of The Sign Shop, Gary and Sandra Cooper, to properly dispose of the ash at a permitted hazardous waste disposal facility. The Coopers hired a hazardous waste disposal company in June 2009 to remove about 800 lb of hazardous waste ash from the property.
Following an initial payment of $1,250, the fine is being paid in monthly installments of $750 to the Solid Waste Abatement Fund, which helps to pay for cleanups across Pennsylvania.
Electroplater Pleads Guilty to Hazardous Waste Violations
A Beckley, West Virginia man pleaded guilty for his role in illegally storing hazardous waste. Christopher Shawn Mills, admitted he was involved with chrome plating at Mills Plating shop in Beckley from 2004 through 2006.
According to court documents, Mills and his business partner, Rodney T. Hoffman, also of Beckley, cleaned out plating tanks and stored the waste material on site without a permit. Both men admitted they were aware the waste material was hazardous when storing it in open containers and vats from October 2006 to February 2007, when it was discovered by the West Virginia Department of Environmental Protection. Subsequently, EPA conducted a cleanup of the site. Mills faces up to five years in prison and a $50,000 fine per day of violation when he is sentenced on September 22, 2010. Hoffman previously pleaded guilty in April 2010 for his role in the offense. He is scheduled to be sentenced on August 18, 2010.
“Hazardous wastes must be properly stored to ensure that the public and the environment are protected,” said David M. Dillon, Special Agent in Charge of the EPA, Criminal Investigation Division Regional Office. U.S. Attorney R. Booth Goodwin II stated, “We will prosecute those who break the law by taking short cuts which endanger our environment and our community.”
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Trivia Question of the Week
Your facility can use an self-certified EPA template SPCC plan if your total aboveground oil storage capacity and largest oil single tank are no greater than:
a. 10,000 gallons and 1,000 gallons
b. 10,000 gallons and 5,000 gallons
c. 50,000 gallons and 10,000 gallons
d. 25,000 gallons and 10,000 gallons