EPA plans to revise the existing standards for water discharges from coal-fired power plants. Wastewater discharged from coal ash ponds, air pollution control equipment, and other equipment at power plants can contaminate drinking water sources, cause fish and other wildlife to die and create other detrimental environmental effects.
Earlier this year, EPA completed a multi-year study of power plant wastewater discharges and concluded that current regulations, which were issued in 1982, have not kept pace with changes that have occurred in the electric power industry over the last three decades. Air pollution controls installed to remove pollution from smokestacks have made great strides in cleaning the air people breathe, saving lives, and reducing respiratory and other illnesses. However, some of the equipment used to clean air emissions does so by “scrubbing” the boiler exhaust with water, and when the water is not properly managed it sends the pollution to rivers and other waterbodies. Treatment technologies are available to remove these pollutants before they are discharged to waterways, but these systems have been installed at only a fraction of the power plants.
As part of the multi-year study, EPA measured the pollutants present in the wastewater and reviewed treatment technologies, focusing mostly on coal-fired power plants. Many of the toxic pollutants discharged from these power plants come from coal ash ponds and the flue gas desulfurization systems used to scrub sulfur dioxide from air emissions.
Once the new rule for electric power plants is finalized, EPA and states would incorporate the new standards into wastewater discharge permits. More information about EPA’s study is provided in an interim report published in August 2008. A final study will be published later this year.
Hazardous Waste Generators: Choose a Responsible Recycler
EPA has released a 2-page brochure to help generators of hazardous waste in choosing a responsible recycler.
EPA Proposes Significant New Use Rule for Elemental Mercury Used in Flow Meters, Natural Gas Manometers, and Pyrometers
EPA has published a proposed significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for elemental mercury (CAS No. 7439-97-6) for use in flow meters, natural gas manometers, and pyrometers, except for use in these articles when they are in service as of the effective date of the final rule.
The new rule would require persons who intend to manufacture (including import) or process elemental mercury for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. Persons subject to the provisions of this proposed rule would not be exempt from significant new use reporting if they import into the United States or process elemental mercury as part of an article. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
Comments must be received on or before November 10, 2009.
U.S. House Passes Wind Energy Bill
The U.S. House of Representatives has passed the Wind Energy Research and Development Act of 2009, a bill that would authorize a comprehensive program to improve the efficiency, reliability, and cost effectiveness of domestic wind energy systems. The House Bill (H.R. 3165) was sponsored by Rep. Paul Tonko (D-NY 21) and passed with bipartisan support in a voice vote.
“This bill will take us in the right direction in terms of creating a renewable energy infrastructure that will help power our future energy needs and wean us off our gluttonous dependence on fossil fuels,” said Rep. Tonko. “We need to make sure that we develop renewable technologies that are as safe, reliable, and energy efficient as possible. The program created by this bill will do just that.”
The bill requires the Secretary of Energy to carry out a program of research and development to improve the energy efficiency, reliability, and capacity of wind turbines; optimize the design and adaptability of wind energy systems; and reduce the cost of construction, generation, and maintenance of wind energy systems. Specifically, this program would include:
- Examination of new materials and designs to make larger, lighter, less expensive, and more reliable motor blades
- Technologies to improve gearbox performance and reliability
- Automation, materials, and assembly of large-scale components
- Low-cost transportable towers greater than 100 meters in height
- Advanced computational modeling tools, control systems, blade sensors, and advanced generators
- Wind technology for offshore applications
- Methods to assess and mitigate the effects of wind energy systems on radar and electromagnetic fields
- Wind turbines with a maximum electric power production capacity of 100 kilowatts or less
- Technologies to improve transmission from remotely located renewable resource rich areas
The bill would also create a demonstration program to measure wind energy performance that would include the full range of wind conditions across the country. That data would then be used as part of the research and development program. It also requires that the demonstration programs be conducted in collaboration with private industry.
The bill authorizes $200 million dollars per year from 2010 through 2014 for these programs.
Rep. Tonko added, “Government can play an important role in advancing renewable energy technologies by serving as the bridge that will get the best ideas from the drawing board to reality, and grow our innovation economy. This bill does just that by providing the necessary investment to help private industry perfect wind energy, and bring those advances in technology and cost savings to market.”
Wind energy currently makes up 2% of the total energy generation in the United States, but there is the potential for it to provide up to 20% with the right improvements in turbine technology, forecasting, energy storage, and expansion of transmission systems.
EPA Tightens Air Emissions for Hospital, Medical, and Infectious Waste Incinerators
EPA is setting new limits that will affect most existing hospital, medical, and infectious waste incinerators. This final action will reduce about 390,000 pounds of several pollutants each year including acid gases, nitrogen oxides, and metals such as lead, cadmium, and mercury. EPA is also finalizing additional testing, monitoring, and inspection requirements.
This final action revises the September 1997 new source performance standards and emission guidelines for these incinerators and responds to the Court remand of the regulations. It also satisfies the Clean Air Act (CAA) requirement to conduct a review of the standards every five years.
EPA Announces it Will Reconsider Ozone Standards
Ground level ozone has been linked to asthma and other respiratory illnesses.
“This is one of the most important protection measures we can take to safeguard our health and our environment. Smog in the air we breathe can cause difficulty breathing and aggravate asthma, especially in children,” said EPA Administrator Lisa P. Jackson. “Reconsidering these standards and ensuring acceptable levels of ground-level ozone could cut health care costs and make our cities healthier, safer places to live, work and play.”
The reconsideration announcement covers both the primary and secondary ozone standards. EPA sets primary air quality standards to protect public health, including the health of sensitive groups, such as children and people with asthma. The secondary standard is set to protect public welfare and the environment, including protection against visibility impairment, damage to animals, crops, vegetation, and buildings. The agency will propose any revisions to the ozone standards by December 2009 and will issue a final decision by August 2010.
EPA will conduct a thorough review of the science that guided the 2008 decision, including more than 1,700 scientific studies and any public comments from that rulemaking process. The agency will also review the findings of EPA’s independent Clean Air Scientific Advisory Committee, which recommended stronger smog standards.
EPA will move quickly to implement any new standards that might result from the reconsideration. To reduce the workload for states during the interim period of reconsideration, the agency will propose to stay the 2008 standards for the purpose of attainment and nonattainment area designations. EPA will work with states, local governments and tribes to ensure that air quality is protected during that time.
Ground-level ozone forms when emissions from industrial facilities, power plants, landfills and motor vehicles react in the presence of sunlight. Scientific studies have linked ozone exposure to respiratory health problems ranging from decreased lung function and aggravated asthma to increased emergency department visits, hospital admissions, and even premature death. Seasonal ozone exposure has also been linked to adverse effects on sensitive vegetation, forests, and ecosystems.
One Jail Term for Falsifying Discharge Monitoring Reports
The former superintendent of a wastewater treatment facility in Rochester, Indiana, has been sentenced in U.S. District Court in South Bend, Indiana, to serve one year in prison for falsifying discharge monitoring reports that concealed violations of the Clean Water Act (CWA), the Justice Department has announced. Herbert L. Corn was sentenced to one year in prison on each of five counts to be served concurrently. Following the prison sentence, Corn was ordered to serve one year of supervised release, which includes three months of home detention, on each count to run concurrently.
On June 16, 2009, Corn pleaded guilty to a five-count felony charge of making false statements in discharge monitoring reports submitted to the Indiana Department of Environmental Management (IDEM). Corn admitted that from September 2004 and continuing through May 2007, he submitted at least five reports containing false data for treated water that was discharged from the Rochester Plant into Mill Creek, a tributary of the Tippecanoe River. He served as the former superintendent of the Rochester plant where he worked from 1986 until 2008.
“Today’s prison sentence sends a strong reminder to those who hold the public’s trust to provide accurate information in the course of their responsibilities,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The prosecution in this case demonstrates the coordinated collaboration of federal, state and local officials to investigate and prosecute those violating the nation’s environmental laws.”
Under the federal CWA, which is administered and enforced by IDEM as well as the EPA, before discharging the waste water it collects to Mill Creek, the Rochester plant must treat the water to meet concentration limits on certain pollutants as set forth in its permit. Three pollutants in the permit that have concentration limits are Escherichia Coli bacteria (E. Coli), Ammonia NH3-N, and Carbonaceous Biological Oxygen Demand-5 (CBOD-5). The discharge of pollutants above the concentration limits for these pollutants is a violation of the permit and the CWA. The Rochester Plant is required to report and certify the results of its discharge sampling on a monthly basis to IDEM.
At sentencing, the court found that Corn made as many as 55 separate falsifications in reports from September 2004 and continuing through May 2007, in which he reported levels on discharge reports that purported levels of E. Coli, Ammonia NH3-N and CBOD-5 that were in compliance with the permit concentration limits, even though Corn knew that the levels were actually higher. Those reports were then submitted to IDEM. In addition, the court found that Corn’s conduct in falsifying discharge reports pre-dated September 2004, although the exact dates and times are unknown.
In addition to being superintendent of the Rochester plant, Corn possessed a state of Indiana Class III license as a waste water treatment operator. Corn also held the position of president of the Indiana Water Environment Association, a sewage industry trade group, and had received several awards for environmental achievements related to sewage treatment. In addition, Corn has taught courses on waste water treatment. As a result of the offense conduct, Corn’s Class III license has been revoked by IDEM.
$350,000 Settlement Covers Multiple Violations at Tilcon Asphalt Plant and Quarries
Tilcon New York Inc., will pay a $250,000 penalty and fund another $100,000 in environmental education projects under an agreement to settle numerous violations at the company’s asphalt plant and quarries in the Hudson Valley, New York State’s Department of Environmental Conservation (DEC) has announced.
The settlement covers water, air, and mining violations at Tilcon operations in West Nyack, Haverstraw, and Poughkeepsie. Inspections in 2008 found a variety of problems, including discharging cloudy, insufficiently treated water into the Hackensack River, spilling aggregate materials into the Hudson River, failing to maintain a slurry line that failed several times and released sediment into the Hudson, and operating beyond the physical boundaries of its mining permit. The agreement allows for $100,000 of the penalty to be suspended if Tilcon meets new requirements to operate its facilities in compliance with state environmental law.
Tilcon New York Inc., has its headquarters in West Nyack. DEC’s Regional Director Janeway has acknowledged that Tilcon cooperated throughout the negotiations and has moved quickly to address the non-compliance issues.
EPA Fines Kop Coat, Inc. $126,000 for Failing to Follow Hazardous Waste Regulations
EPA has fined Los Angeles-based Kop Coat, Inc., $126,000 for violating RCRA hazardous waste requirements. During a 2007 inspection of the facility, EPA investigators found that Kop Coat, Inc., an industrial coatings manufacturer, had multiple hazardous waste violations. The plant is no longer manufacturing.
“Hazardous waste generating companies, such as Kop Coat, Inc., must follow all federal regulations to protect their employees, surrounding communities and the environment,” said Rich Vaille, associate director for the Waste Management division in the EPA’s Pacific Southwest region. “Proper storage, handling, and preparation for emergencies involving hazardous waste are critical responsibilities for all firms, regardless of their size.”
Kop Coat, Inc., has been cited for the following violations:
- Stored hazardous waste without a permit;
- Failed to meet emission standards for tanks and containers;
- Failed to provide an internal communications or alarm system capable of furnishing immediate emergency instruction to facility personnel or local first responders;
- Failed to perform weekly inspections; and
During the 2007 inspection, EPA staff found acetone and toluene, being stored improperly at the facility. Exposure to solvents such as acetone and toluene can affect breathing and cause vomiting.
The EPA’s hazardous waste rules require facilities to properly store, label and seal hazardous waste containers. Facilities must also have properly trained staff, as improperly stored hazardous waste can potentially spill and pose a risk to workers and the environment.
Washington State Ecology Fines Construction Project $36,000 for Storm Water Violations
The violations took place at the Bellingham company’s three-acre Emerald Cottages project where Ecology inspectors documented the muddy discharges four times from December 2008 through March 2009. Inspectors also directed Greenbriar to cover or stabilize bare soil that had been left exposed to rain, but the company’s measures in response were not enough to prevent further muddy releases.
Storm water from the project flows to a tributary of Baker Creek, a salmon- and trout-bearing stream. Muddy water can foul the gills in fish and interfere with their ability to breathe.
“We’re asking Greenbriar to do what developers and contractors do every day on hundreds of projects, large and small, around the state,” said Richard Grout, who manages Ecology’s Bellingham Field Office. “Protecting bare soil and following permit requirements—those are standard business and common expectations for all players. Greenbriar had every opportunity—and repeated assistance and warnings from Ecology—throughout last winter’s rainy season to prevent the violations.”
Greenbriar worked on the project without obtaining coverage under the state’s construction storm water general permit, required for all construction sites one acre or larger. The permit sets conditions for protecting exposed soil to prevent discharges of muddy water from a project. The company failed to obtain permit coverage after acquiring the project from another company, despite repeated requests from Ecology. The company obtained permit coverage for the site in May.
Bridgeview Aerosol Fined $30,000 for Hazardous Waste Violations
EPA Region 5 has reached an agreement with Bridgeview Aerosol LLC, of Bridgeview, Illinois, for alleged violations of federal and state regulations on hazardous waste. The manufacturer of various automotive and household aerosol products has agreed to pay a penalty of $30,000.
Viking Oil Company Pays $30,000 Fine for Clean Water Violations
Viking Oil Company, of West Hartford, Connecticut, will pay a fine of $30,000 for violating the federal CWA. During oil deliveries in late 2007, Viking Oil Company pumped oil from an oil delivery truck into a monitoring well rather than into the underground storage tank used for heating oil. As a result, oil was discharged into the environment, causing a visible oil sheen to appear in waters of a wetland in close proximity to one of their clients. The oil sheen was also seen on a tributary of Rattlesnake Brook, a perennial stream that flows into the Farmington River.
The Connecticut Department of Environmental Protection (CT DEP) was the first to respond after the initial report of oil sheen. Viking’s insurance carrier immediately hired a response team to contain the spill and investigate its impact. The team was able to contain most of the oil before it entered the wetlands or waterways. To date, the insurance company has spent over one million dollars intercepting the remaining oil and remediating the wetlands. The remaining cleanup activities are being completed with CT DEP’s oversight.
Although the oil impacted the vegetation and soil in the area, there were no signs that wildlife was harmed or threatened as a result of the spill. In addition, CT DEP determined that all of the closest drinking water wells were uphill from the affected area and that there was no indication of well water contamination.
Health Care Facility Pays $26,000 Fine for PCB Violations
A Wallingford, Connecticut, health care facility has paid a $26,600 fine for violating federal regulations covering the labeling and disposal of polychlorinated biphenyls (PCBs). According to EPA, Masonicare Corp., improperly disposed of PCBs from two transformers through spilling/leakage of PCB transformer oil onto transformer cabinets, the concrete pads that the transformers stood on, and the nearby ground. Masonicare also failed to properly register and label both PCB transformers.
Masonicare has since sent the two PCB transformers to a disposal facility authorized for PCB waste and has completed remedial work on the contaminated soil.
PCBs are persistent in the environment and are suspected carcinogens. Exposure to PCBs can cause liver problems and skin rashes.
Reser’s Fine Foods, Inc. Fined for Delayed Report of Ammonia Leak to Emergency Response Authorities
The owner of a Topeka, Kansas, food processing plant has agreed to pay a $13,460 civil penalty to the United States for failing to make timely notifications to local, state, and federal emergency response authorities about an accidental leak of anhydrous ammonia at the plant in December 2007.
Reser’s Fine Foods, Inc., headquartered in Beaverton, Oregon, has also agreed to purchase $22,679 worth of emergency response equipment for the Topeka Fire Department, as part of a settlement agreement filed in Kansas City, Kansas.
On December 19, 2007, a 1,500-pound release of anhydrous ammonia occurred at Reser’s Topeka facility, causing more than 100 employees to evacuate and sending a local firefighter to the hospital for treatment of skin irritation.
Anhydrous ammonia is a colorless gas that can cause severe burns to the skin, eyes, throat and lungs. At high levels of exposure, it can be fatal. Reser’s food processing plant stored and used the gas in its refrigeration systems.
However, investigation showed the National Response Center was contacted 50 minutes after the release, the Local Emergency Planning Committee was contacted 25 hours and 10 minutes after the release, and the State Emergency Response Commission was never contacted.
“Ensuring the public’s safety and preventing chemical accidents are top priorities for EPA,” said Acting Regional Administrator William Rice. “Accidental chemical releases carry the potential for public disaster, which is why the law makes it clear that the proper authorities be notified immediately when such incidents occur. EPA is committed to enforcing the law so that human health and the environment are protected.”
Wisconsin Plating Works Fined for Hazardous Waste Violations
EPA Region 5 has reached an agreement with Wisconsin Plating Works of Racine in Racine, Wisconsin, to settle alleged hazardous waste violations. A $9,000 penalty has been paid.
Wisconsin Plating Works was cited for violating RCRA requirements for managing hazardous waste at its facility including failure to appropriately label containers, remove waste from the site within 180 days, conduct weekly inspections, and properly close a container.
The company performs plating operations at its facility and has certified that it is now in compliance with federal regulations. Under RCRA, EPA regulates hazardous waste from production to final disposal.
EPA Requires Roberts Hawaii and Love’s Bakery Inc. to Correct SARA Title III Violations
In two separate actions, EPA has settled with Roberts Hawaii and Love’s Bakery Inc., for failing to submit complete annual chemical inventories, a violation of the Emergency Planning and Community Right-to-Know Act (EPCRA or SARA Title III).
In addition to correcting the violations, Roberts Hawaii, a bus and tour services company, will pay three $2,000 penalties for its Hawaii facilities located in Honolulu, Kailua, and Keaau. Love’s Bakery, located in Honolulu, will also pay a $2,000 penalty and will also correct the violation.
“Both Roberts Hawaii and Love’s Bakery violated laws that protect and inform communities near facilities that use hazardous substances and other chemicals,” said Daniel Meer, the EPA’s assistant Superfund director for the Pacific Southwest region. “We will take action against any company that fails to follow these laws that protect emergency responders and the public in the event of an accidental release.”
Both companies failed to submit annual chemical inventory information to local emergency planners. The regulations require a company that stores at any one time during the year an OSHA hazardous chemical or an extremely hazardous substance at levels above reportable quantities, diesel in the case of Roberts Hawaii, and diesel and propane for Love’s Bakery, must submit yearly a listing of those chemicals.
EPCRA requires all facilities using hazardous substances above threshold quantities to provide annual chemical inventory information to local emergency planners for inclusion in the community emergency plan.
EPA Releases Enhanced Version of Aquatic Ecosystem Simulation Model AQUATOX
EPA’s Office of Science and Technology, has released an enhanced version of the aquatic ecosystem simulation model AQUATOX. AQUATOX is a PC-based ecosystem model that predicts the fate of nutrients and organic chemicals in water bodies, as well as their direct and indirect effects on the resident organisms.
AQUATOX Release 3 contains many enhancements that increase the realism and utility of the model. The most important enhancements include:
- Capability to represent estuaries at a screening level
- Capability to model multiple linked river and reservoir segments
- Enhanced nutrients analysis, including nutrient release from sediments, daily dissolved oxygen fluctuations, and toxicity from low oxygen and ammonia
- Capability to simulate biological effects of suspended and bedded sediments
- Expanded data management, graphics and statistical analysis
Elizabeth River Priority Project Webpage
The webpage identifies the projects and objectives to improve the river’s water quality (such as reducing toxics and nutrients from storm water runoff); provides information on the various EPA programs coordinated for cleanups, pollution prevention, and wildlife habitat restoration; and will also supply information on the Brownfield and Superfund redevelopment/reuse programs to restore the river’s environment.
TMDL Program Results Analysis Website
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that load among the various sources of that pollutant. The TMDL Program Results Analysis Project is a multi-year effort directed at measuring and analyzing programmatic and environmental results of the program. The website provides a CWA Impaired Waters Program Pipeline navigation feature, fact sheets, EPA reports and websites, EPA grantee reports and websites, publications, and datasets related to this effort.
Water Laboratory Alliance Security Summit
EPA’s Office of Water, in collaboration with its partners in the Water Sector, is sponsoring a Water Laboratory Alliance (WLA) Security Summit. The WLA Program provides the water sector with an integrated nationwide network of laboratories that have analytical capabilities and capacity to support a response to water contamination events involving chemical, biological, or radiochemical contaminants.
The WLA Security Summit will actively engage a vast array of technical and leadership staffs from the water, laboratory, and emergency response communities to learn about WLA Program elements, practice the WLA Response Plan (WLA-RP) for incident response, and provide hands-on experience with EPA security-related tools and resources.
The Summit will take place October 22-23, 2009, at the Crowne Plaza City Center in Philadelphia, Pennsylvania.
EPA’s Water Laboratory Alliance Plans Full Scale Exercise
EPA is conducting a full scale laboratory exercise in the north-eastern U.S.
The laboratory exercise will be used to assess the effectiveness of coordinated laboratory activities across multiple laboratory networks in response to combined chemical and biological warfare agent attacks. This coordination of laboratory response activities across multiple states will provide an initial test of the new Water Laboratory Alliance Response Plan and other laboratory response protocols.
This full scale exercise will also test inter-agency coordination between EPA, CDC, Department of Homeland Security, and the Federal Bureau of Investigation (FBI).
Recycling and Land Reuse Practices Can Help Fight Climate Change
There is much potential to reduce the nation’s greenhouse gases through recycling, waste reduction, smart growth, and by reusing formerly contaminated sites including brownfields.
This includes the impacts from extracting raw materials, food processing, and manufacturing, transporting, and disposing of products. Another 16 to 20% of emissions are associated with land management policies. That includes emissions from passenger transportation, construction, and from lost vegetation when greenfields are cleared for development. In addition, the equivalent of 13% of U.S. emissions is absorbed by soil and vegetation and can also be protected or enhanced through land management policies.
Some of the materials and land management activities that have the potential to decrease emissions include:
- Reducing the use of non-packaging paper products
- Increasing municipal recycling, and recycling of construction and demolition debris
- Reusing land, including redevelopment of formerly contaminated lands
- Reusing formerly contaminated lands for renewable energy development
- Encouraging smart growth
The report suggests that land management and materials management approaches should be part of the nation’s toolbox to meet the target of an 83% reduction in greenhouse gas emissions by 2050.
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Trivia Question of the Week
Americans use an estimated 100 billion plastic bags a year, how much oil does it take to produce all those bags?
a. 1 million barrels
b. 5 million barrels
c. 12 million barrels
d. 50 million barrels