EPA is proposing to strengthen the nation’s nitrogen dioxide (NO2) standards. The proposed revisions would retain the current annual standard of 53 ppb, reflecting the latest health effects of exposure to NO2, and would establish a one-hour NO2 standard at a level between 80 and 100 ppb.
NO2 is formed by emissions from cars, trucks, buses, power plants, and industrial facilities. NO2 contributes to smoggy unhealthy air from ozone pollution, to acid rain, and to particulate pollution. Two hearings took place, one on August 3, in Arlington, Virginia, and one on August 6 in Los Angeles, California.
EPA will accept written comments on the proposed rule until September 14 and faces a January 22, 2010, judicial consent decree deadline to have the NO2 standard in place.
Storm Water and Other CWA Violations Lead to $2.5 Million in Fines for Aggregate Industries
In this action, the United States alleged that Aggregate Industries violated sections of the Clean Water Act (CWA), at twenty-three of its facilities in Massachusetts and New Hampshire by failing to apply for permits required under the National Pollution Discharge Elimination System (NPDES), discharging process water and/or storm water without a permit, violating effluent limitations established in its NPDES permits, and failure to comply with the requirements of the Multi-Sector General Permit for storm water discharges.
The Consent Decree requires Aggregate Industries to pay a civil penalty of $2.75 million within 30 days of entry of the decree, as well as implement a number of operational changes designed to ensure compliance with the CWA at all its facilities. These changes include performance of comprehensive evaluations of all construction materials facilities currently owned by Aggregate Industries, as well as those acquired within three years of entry of the Consent Decree, hiring two employees with certification in storm water management who are responsible for compliance with the storm water permits, and providing annual storm water training for all employees with operational responsibilities.
The Department of Justice will receive comments related to the Consent Decree for a period of 30 days. See the Federal Register notice for details about submitting comments.
Bradford Industries Fined $75,000 for CAA and RCRA Violations
Bradford Industries, Inc. will hire an independent environmental auditor to conduct two comprehensive audits of Bradford’s environmental compliance in order to settle a federal enforcement case for violations at the company’s fabric coating plant in downtown Lowell, Massachusetts.
Under the settlement, which was negotiated with EPA and the U.S. Department of Justice, Bradford will also establish full-time environmental manager and environmental technician positions, and will pay a $75,000 penalty.
The alleged violations included failure to monitor and maintain air pollution control equipment, and improper handling and storage of hazardous wastes generated at the plant.
Some of Bradford’s violations caused excess volatile organic compound (VOC) and hazardous air pollutant emissions (primarily toluene). VOCs are a main precursor of ground-level ozone smog, a special concern in Massachusetts because the state’s air contains unhealthy ozone concentrations.
The environmental audit firm will independently examine Bradford’s compliance with all major environmental laws, regulations, and permits. The firm will conduct two separate audits about a year apart, and will produce audit reports that will be sent directly to EPA. The $75,000 settlement amount takes into account the economic impact of the penalty on Bradford’s business.
Wisconsin Plating Fined $30,000 for Not Controlling Emissions of Trichloroethylene
EPA Agency Region 5 has reached an agreement with Wisconsin Plating of Racine (formerly Racine Plating Co.) on alleged CAA violations at the company’s facility in Racine, Wisconsin.
The agreement, which includes a $30,000 penalty, resolves EPA allegations that Wisconsin Plating violated EPA regulations regarding control of hazardous air pollutant emissions. The violations stem from the use of trichloroethylene used as a vapor degreaser in Wisconsin Plating’s solvent cleaning machines.
EPA learned of the alleged violations from the company’s semi-annual report required by the national emissions standard for hazardous air pollutants.
Breathing or drinking high levels of trichloroethylene may cause nervous system effects and liver and lung damage. The chemical is used mainly as a solvent for cleaning metal and plastic parts.
Oregon DEQ Issues $8,400 Penalty to Roseburg Forest Products for Unpermitted Discharges
The Oregon Department of Environmental Quality (DEQ) has issued an $8,400 civil penalty to Roseburg Forest Products for water quality violations at their plant in Dillard, Oregon. DEQ is also issuing an order requiring updated storm water basin plans to avoid future violations.
DEQ issued the penalty because Roseburg Forest Products discharged approximately 11,500 gallons of phenolic formaldehyde resin wash water in March of this year, and 300 gallons of particle board press hydraulic fluid containing soluble oil in April. The unpermitted discharges from the Dillard plant entered the South Umpqua River from log ponds at the facility.
Discharges of wastes to the environment, particularly to public waters, must be monitored and regulated to prevent harm to human health, aquatic life, and the environment.
In addition to the civil penalty, DEQ has issued an order requiring Roseburg Forest Products to submit updated storm water maps for the facility’s recycle pond that discharges to the facility’s log ponds, and to submit a report identifying all water that discharges to the facility’s log ponds.
Southwest Fiberglass Fined for Failing to File Timely TRI Reports for Styrene
EPA has reached a $4,340 settlement with Southwest Fiberglass LLC of Tucson, Arizona, for allegedly filing late reports under the Toxic Release Inventory requirements of the Emergency Planning and Community Right-to-Know Act ().
Specifically, Southwest Fiberglass failed to file timely reports for styrene, a listed toxic chemical, used at the Southwest Fiberglass facility during calendar years 2004, 2005, and 2006. EPA inspectors discovered the violations during a routine inspection.
“Southwest Fiberglass LLC and other companies that use toxic chemicals such as styrene must follow our reporting rules so that area residents are informed of possible chemical hazards in the local environment,” said Enrique Manzanilla, Communities and Ecosystems Division director for EPA’s Pacific Southwest region. “This penalty should remind others that we are maintaining a close watch over chemical reporting practices and are serious about enforcing community right-to-know laws.”
Federal community right-to-know laws require facilities processing more than 25,000 lb of styrene to report releases of these chemicals on an annual basis to EPA and the state. Although Southwest Fiberglass LLC exceeded these thresholds in 2004, 2005, and 2006, it failed to file on-time release reports to EPA for any of these years.
Key Concepts of Impaired Waters and Developing TMDLs
What is the 303(d) list? What is a total maximum daily load (TMDL)? How is a TMDL developed?
This course is not only an introductory unit for those with little familiarity with impaired waters, the 303(d) list, and TMDLs, but is also a refresher course for those with experience in the subject. The course concludes with a brief quiz intended to touch on some of the key concepts. The main pages and quiz are designed to take users approximately 20 minutes to complete.
Air Quality Designations and Classifications for the 2008 Lead National Ambient Air Quality Standards
EPA is planning to establish initial air quality designations under the revised 2008 National Ambient Air Quality Standards (NAAQS) for lead. The agency is required to make designations of attainment, nonattainment, or unclassifiable following the promulgation of a new or revised NAAQS. Designations are based upon air quality monitoring data and other relevant information pertaining to the air quality in the affected area, including whether an area contributes to a violation of the standard in a nearby area.
Endangerment Finding for Lead Emissions from Piston-Engine Aircraft Using Leaded Aviation Gasoline
EPA is taking action to respond to a petition submitted by Friends of the Earth (FOE) in 2006. In the petition, FOE requests that EPA find that lead emissions from general aviation aircraft may reasonably be anticipated to endanger public health and welfare and that EPA propose emissions standards under the CAA for lead from general aviation aircraft. Alternatively, FOE requests that EPA commence a study and investigation of the health and environmental impacts of lead emissions from general aviation aircraft, if EPA believes that insufficient information exists to make such a finding. In 2007, EPA issued a Federal Register notice seeking comment on FOE’s petition. The notice asked a series of questions seeking information on exposure to lead emissions from general aviation aircraft, lead emission rates from general aviation aircraft, unleaded aviation fuel options, and engine technology.
EPA has long-standing concerns regarding exposure to lead, particularly during childhood. The most recent lead National Ambient Air Quality Standards review, finalized in 2008, found that serious health effects occur at much lower levels of lead in blood than previously identified and did not identify a safe level of lead exposure. Emissions of lead from piston-engine aircraft using leaded aviation gasoline (avgas) comprise over half of the national inventory of lead emitted to air. There are almost 20,000 airport facilities in the U.S. at which leaded avgas is used.
$2 Billion in Recovery Act Tax Credits for Energy Manufacturers
As part of an innovative partnership aimed at increasing economic development while setting our nation on the path to energy independence, the Department of the Treasury and the Department of Energy have announced a program to award $2.3 billion in tax credits for manufacturers of advanced energy equipment. Authorized by the American Recovery and Reinvestment Act (Recovery Act), this new program will provide tax credits to manufacturers who produce clean energy equipment.
“This program will help encourage innovation in design of clean energy technologies,” said Treasury Secretary, Tim Geithner. “This partnership between Treasury and Energy adds an important new dimension to the incentives created in the Recovery Act to increase US manufacturing output, improve energy efficiency, and develop alternative sources of energy.”
The Recovery Act created a new tax credit program by authorizing Treasury to provide developers with an investment tax credit of 30% for facilities that manufacture particular types of energy equipment. Qualifying manufacturers will produce solar, wind, and geothermal energy equipment; fuel cells, microturbines, and batteries; electric cars; electric grids to support the transmission of renewable energy; energy conservation technologies; and equipment that captures and sequesters carbon dioxide or reduces greenhouse gas emissions.
Energy Secretary Steven Chu said, “These tax credits will help create thousands of high quality manufacturing jobs in some of the highest growth segments of the economy. This is an opportunity to develop our global leadership in clean energy manufacturing and build a secure, sustained base of jobs for America’s workers.”
The manufacturing tax credit is capped at $2.3 billion, and credits are available for two years or until the cap is reached. Companies can expect to receive payments within 180 days of filing for the credit.
The announcement of the manufacturing tax credit is the next step in an innovative partnership between Treasury and Energy aimed at promoting energy production and energy independence. Tax programs have provided successful incentives for encouraging the development of renewable energy in the past.
In 2006 alone, approximately $550 million in renewable energy tax credits were provided to 450 businesses. In July, Treasury and Energy announced the availability of a payment in lieu of tax credits for facilities that produce renewable energy, a program that is expected to result in more than $3 billion of stimulus for energy development in rural and urban communities.
Kelly Oil Company Fined for SPCC Violations
EPA has fined the Kelly Oil Company of Sherman, Texas, $1,550 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the CWA.
A June 24, 2009 federal inspection of an oil production facility located in Rosharon, Texas, revealed the facility’s SPCC plan was not certified by a professional engineer, had inadequate or no description of the physical layout of the facility, and inspections and tests required by federal regulations were not in accordance with written procedures developed for the site. Additionally, personnel working at the site had no training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, and applicable pollution control laws, rules, and regulations. The inspection also found spill prevention briefings were not scheduled and conducted periodically and inspections of containers, foundation, and supports were not conducted periodically for deterioration and maintenance needs. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.
Ten Louisiana Companies Inspected and Fined for Violating SPCC Requirements
EPA has fined ten Louisiana companies for violating federal SPCC regulations outlined under the federal CWA. Federal inspections of the bulk oil storage facilities in May 2009 revealed a variety of violations though the violations differed at each facility.
Some of the violations included: SPCC plans were not certified by a professional engineer, plans had inadequate or no description of the physical layout of the facility, and plans had inadequate or no information or procedures for reporting oil spills. Inspections and tests required by federal regulations were not in accordance with written procedures developed for the facilities, and personnel working at the sites had no training on the operation of equipment to prevent discharges, no training on discharge procedure protocols, and spill prevention briefings were not scheduled and conducted periodically. The inspections also revealed that vehicle traffic was not warned of aboveground piping and oil transfer operations, containment bypass valves were not closed when not draining rainwater, and secondary containment was inadequate for mobile or portable storage tanks.
The companies inspected and fined were:
- Griffin Crane & Steel Service, Pearl River, Louisiana, $1,750
- Wilco Marsh Buggies & Draglines, Inc., Harvey, Louisiana, $1,500
- Kajun Truck Plaza, Golden Meadow, Louisiana, $1,500
- Kajun Sportsman, Golden Meadow, Louisiana, $1,450
- Chef Harbor, New Orleans, Louisiana, $1,000
- American Vacuum, Morgan City, Louisiana, $900
- Parish Concrete, LLC, Mandeville, Louisiana, $900
- C&M Bayou Fuel Dock, Lafitte, Louisiana, $850
- Ocean Marine Contractors, Morgan City, Louisiana, $800
- Professional Construction Services, Inc., New Orleans, Louisiana, $700
As part of an Expedited Settlement Agreement with EPA, the companies have provided certification that all deficiencies have been corrected.
The Green Electronics Council Announces Major Expansion of EPEAT®
The Green Electronics Council has announced the availability of an international EPEAT purchasing registry, a major development that enables the world’s leading electronics manufacturers to list ‘green’ computers and monitors in 40 countries across the globe.
EPEAT is one of the most extensive and influential green IT product rating systems, with a registry of more than 1,000 products and more than 30 participating manufacturers, from global giants to small integrators. The U.S. government requires federal agencies to buy EPEAT-registered products for at least 95% of their needs and hundreds of government and enterprise purchasers worldwide require EPEAT.
“Since launching EPEAT in 2006, we have been overwhelmed by the positive response from large purchasers, manufacturers and consumers across every sector of the global marketplace,” said Jeff Omelchuck, Executive Director of EPEAT. "With the international registry launch, EPEAT now makes it easy for purchasers in 40 countries around the world to choose green electronics that cut costs, green IT environments and help lead the transition to a prosperous, low-carbon economy.”
With this recent announcement about the expansion, IT purchasers in the US, Canada, Europe, China, Japan, Taiwan, Australia, New Zealand, Brazil, and Mexico can evaluate, compare, and select products that are available to them based on the products’ environmental performance in their country.
“We recognized early on that EPEAT provided an effective, credible tool to identify computer hardware solutions for our clients that help reduce greenhouse gas emissions, eliminate toxic substances, increase recycled content and reduce energy usage, at no added cost and with no restrictions on product or supplier choice,” said Tashweka Anderson, Sustainable IT Business Manager at ComputaCenter (UK). “This expansion of the registry will make the procurement process even easier and more effective.”
Products that meet 23 required environmental performance criteria may be registered at the EPEAT? Bronze level. Depending on the number of 28 additional optional criteria the product meets, it can be rated as EPEAT? Silver or as EPEAT Gold, the highest level. Products are rewarded with additional points as they meet environmental performance criteria related to every phase of the product lifecycle.
“EPEAT is providing a critical forum through which many different stakeholders come to the table to develop criteria addressing key environmental attributes that span the life cycle of electronic products,” said Alexandra McPherson, project director at Clean Production Action. “It now will provide the global marketplace with an innovative standard that helps purchasers differentiate products based on their environmental performance.”
Key benefits of EPEAT include:
Open, Consensus-Based Standards Development: The EPEAT criteria are determined by experts with a wide range of perspectives, including manufacturers, environmental advocates, public and private purchasers, researchers, recyclers, government officials, and other interested parties. Growing participation by international stakeholders ensures that the system meets the needs of local purchasers and manufacturers.
Comprehensive Standard: EPEAT rates products as Bronze, Silver, or Gold based on 51 criteria covering the product’s full life-cycle, including toxics reduction, energy efficiency, design for easy recycling, and greener packaging. It covers the environmental attributes that stakeholders agree are most important. And because it is designed for regular revision, registered products will meet increasingly stringent criteria over time.
Accessibility and Transparency: EPEAT is a publicly-available registry that now enables electronics manufacturers to list green computers and monitors in each of 40 countries.
Credibility: The EPEAT system, including product registration and verification processes, is managed by an independent non-profit. Results of verification investigations are published on the Internet, including reports on any products that fail.
Tangible Results: EPEAT is helping large and small organizations reduce energy consumption, cut costs, integrate sustainable materials and drive green into every aspect of their operations. In 2007, EPEAT-registered products helped reduce use of toxic materials resulting in the elimination of 124,000 metric tons of hazardous waste, equivalent to the weight of 1.6 million bricks. EPEAT products also helped save approximately 42.2 billion kWh of electricity—enough to power 3.7 million U.S. homes for a year.
Auto and Scrap Recyclers Ordered to Comply with Refrigerant Recovery Requirements
EPA Region 5 has issued an administrative consent order to Auto and Scrap Recyclers to comply with EPA regulations designed to protect the stratospheric ozone layer at the company’s scrap metal recycling facility in Milwaukee, Wisconsin.
EPA cited Auto and Scrap in December 2008 for alleged violations of EPA regulations requiring recovery of ozone-depleting refrigerants from small appliances before they are recycled. The allegations resulted from an EPA inspection of the facility in July 2008 and a subsequent request for information in October 2008.
Auto and Scrap agreed, among other things, to recover, or verify recovery, of refrigerant from small appliances and to stop accepting small appliances with cut or dismantled refrigerant lines. The order became effective August 3, 2009.
Chlorofluorocarbon refrigerants and certain substitute refrigerants deplete the stratospheric, or “good” ozone layer, allowing dangerous amounts of cancer-causing ultraviolet rays from the sun to strike the earth. Production of some of these chemicals was stopped in 1995, and federal law strictly controls their use and handling.
Governor of Illinois Signs Bills to Prohibit Dumping of Unused Medications
Governor Pat Quinn signed several key environmental bills on August 10, 2009, including one that will prohibit health care institutions from flushing unused medications into public wastewater. Other legislation signed into law by Governor Quinn will track water usage by high capacity wells throughout Illinois.
“This action is another important step in protecting our state’s precious natural resources,” said Governor Quinn. “Keeping our water safe from unused medications and tracking water usage will help us preserve our waterways for future generations.”
Senate Bill 1919 creates the Pharmaceutical Disposal Act and was sponsored by Sen. Susan Garrett (D-Lake Forest) and Rep. Karen May (D-Highwood). The new law provides that health care institutions may not discharge, dispose, flush, pour or empty any unused medication into a public wastewater collection system or septic system. Violators are subject to a fine.
“For years, disposing unused or expired medicines in wastewater was common, even recommended practice. Today, we’re making clear how serious we are at stopping this practice before Illinois faces an environmental or community health crisis,” said Sen. Garrett.
Another measure signed into law was Senate Bill 2184, which increases regulation of high capacity wells. Those who want to develop a high capacity well will be required to notify their local Soil and Water Conservation District. Additionally, anyone responsible for a high capacity well must participate in the Illinois State Water Survey’s Illinois Water Inventory Program by reporting how much water they are taking out of wells and aquifers. This legislation was sponsored by Sen. Garrett and Rep. Elaine Nekritz (D-Des Plaines).
Governor Quinn also signed House Bill 4035, which encourages state agencies to procure environmentally preferable supplies and services. This measure was sponsored by Rep. Michael Tryon (R-Crystal Lake) and Sen. Heather Steans (D-Chicago).
“I think state government should lead by example. Clearly, there’s a benefit to everyone when we use environmentally friendly products. There is a cost benefit and a long-term benefit to the environment. Simply, it’s the right thing to do,” said Rep. Tryon.
Kansas Businesses Recognized for Pollution Prevention Efforts
The Kansas Department of Health and Environment (KDHE) Secretary, Roderick L. Bremby, will present the annual Pollution Prevention (P2) Awards during a luncheon on Wednesday, August 19 at the 2009 Kansas Environmental Conference at the Hyatt Regency in Wichita.
KDHE sponsors the yearly P2 Awards for businesses, industries, municipalities, and individuals who make significant contributions to the prevention of pollution. The following organizations will receive an award this year:
- Frito-Lay, Inc., Topeka
- Via Christi Regional Medical Center, Wichita
- Schwan’s Global Supply Chain, Inc., Salina
- LSI Corporation, Wichita
- Hallmark Cards, Inc., Leavenworth
- Congregation of St. Joseph – Wichita Center, Wichita
- Owens Corning Insulating Systems, LLC, Kansas City
- Florence Manufacturing Company, Manhattan
- Waste Management, Inc., Wichita
- Walgreens, Wichita
- Sedgwick County Environmental Resources, Wichita
- K-State Pollution Prevention Institute, Wichita
The Kansas Environmental Conference provides updates on environmental issues, new technologies, regulatory information, and pollution prevention.
Nominations for 2009 Clean Air Excellence Awards Program Now Being Accepted
EPA established the Clean Air Excellence Awards Program (CAEAP) in February 2000. This is an annual awards program to recognize outstanding and innovative efforts that support progress in achieving clean air. Nominations for the 2009 CAEAP are now being accepted and must be postmarked by September 25, 2009.
For questions, contact Mr. Pat Childers with the EPA at 202-564-1082.