The permit applies only where EPA is the permitting authority: Massachusetts, New Hampshire, New Mexico, Idaho, Washington, D.C., most territories, and most Indian country lands.
The permit requires construction site operators to comply with stormwater discharge requirements that are intended to prevent sediment loss, soil erosion, and other pollution issues at active construction sites.
The extension of the 2008 construction general permit is needed to allow the agency sufficient time to incorporate the new federal effluent requirements for the construction and development industry, which was announced by EPA on December 1, 2009.
Brian Karnofsky Jailed for Muscular Dystrophy
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Environmental Tip of the Week™, now is the time to help us give hope to kids and families that need our help.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007, 2008, and 2009, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
Federal Ban on Texting for Commercial Truck Drivers
On January 26, U.S. Transportation Secretary, Ray LaHood, announced federal guidance to expressly prohibit texting by drivers of commercial vehicles such as large trucks and buses.
“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” said Secretary LaHood. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”
The action is the result of the DOT’s interpretation of standing rules. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750.
“Our regulations will help prevent unsafe activity within the cab,” said Anne Ferro, Administrator for the Federal Motor Carrier Safety Administration (FMCSA). “We want to make it crystal clear to operators and their employers that texting while driving is the type of unsafe activity that these regulations are intended to prohibit."
FMCSA research shows that drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road. Drivers who text while driving are more than 20 times more likely to get in an accident than non-distracted drivers. Because of the safety risks associated with the use of electronic devices while driving, FMCSA is also working on additional regulatory measures that will be announced in the coming months.
During the September 2009 Distracted Driving Summit, the Secretary announced the Department’s plan to pursue this regulatory action, as well as rulemakings to reduce the risks posed by distracted driving. President Obama also signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles or with government-owned equipment. Federal employees were required to comply with the ban starting on December 30, 2009.
SEC to Require Companies to Disclose Climate Change Risks
The Securities and Exchange Commission (SEC) voted on January 27 to provide public companies with interpretive guidance on existing SEC disclosure requirements as they apply to business or legal developments relating to the issue of climate change.
Federal securities laws and SEC regulations require certain disclosures by public companies for the benefit of investors. Occasionally, to assist those who provide such disclosures, the Commission provides guidance on how to interpret the disclosure rules on topics of interest to the business and investment communities. The Commission’s interpretive releases do not create new legal requirements nor modify existing ones, but are intended to provide clarity and enhance consistency for public companies and their investors.
The interpretive release provides guidance on certain existing disclosure rules that may require a company to disclose the impact that business or legal developments related to climate change may have on its business. The relevant rules cover a company’s risk factors, business description, legal proceedings, and management discussion and analysis.
“We are not opining on whether the world’s climate is changing, at what pace it might be changing, or due to what causes. “Today’s guidance will help to ensure that our disclosure rules are consistently applied.”
Specifically, the SEC’s interpretative guidance highlights the following areas as examples of where climate change may trigger disclosure requirements:
- Impact of Legislation and Regulation: When assessing potential disclosure obligations, a company should consider whether the impact of certain existing laws and regulations regarding climate change is material. In certain circumstances, a company should also evaluate the potential impact of pending legislation and regulation related to this topic.
- Impact of International Accords: A company should consider, and disclose when material, the risks or effects on its business of international accords and treaties relating to climate change.
- Indirect Consequences of Regulation or Business Trends: Legal, technological, political and scientific developments regarding climate change may create new opportunities or risks for companies. For instance, a company may face decreased demand for goods that produce significant greenhouse gas emissions or increased demand for goods that result in lower emissions than competing products. As such, a company should consider, for disclosure purposes, the actual or potential indirect consequences it may face due to climate change related regulatory or business trends.
- Physical Impacts of Climate Change: Companies should also evaluate for disclosure purposes the actual and potential material impacts of environmental matters on their business.
New York Attorney General Andrew M. Cuomo said, “The SEC’s action reinforces our position that carbon-intensive industries have an obligation to inform investors of the material risks that climate change may pose to their companies. I will continue to use my authority to make sure companies that emit large amounts of global warming pollution disclose the full financial risks of doing so—as such practices benefit both the marketplace and the environment over the long term. The guidance issued by the SEC today is an important step in that direction.”
The action by the SEC comes on the heels of Attorney General Cuomo’s recent settlements with three energy firms—the first-ever binding and enforceable agreements requiring the disclosure of financial risks that climate change poses to its investors. The settlements with Xcel Energy, Dynegy, and AES Corporation require each company to provide a broad disclosure and analysis of material risks associated with climate change in its “Form 10-K” filings, the annual summary report on a company’s performance required by the Securities and Exchange Commission to inform investors.
EPA Issues New NAAQS for Nitrogen Dioxide
Short-term exposures to NO2 have been linked to impaired lung function and increased respiratory infections, especially in people with asthma.
“This new one-hour standard is designed to protect the air we breathe and reduce health threats for millions of Americans. For the first time ever, we are working to prevent short-term exposures in high risk NO2 zones like urban communities and areas near roadways,” said EPA Administrator, Lisa P. Jackson. “Improving air quality is a top priority for this EPA. We’re moving into the clean, sustainable economy of the 21st century, defined by expanded innovation, stronger pollution standards and healthier communities.”
The agency set the new one-hour standard for NO2 at a level of 100 parts per billion (ppb). EPA also is retaining the existing annual average standard of 53 ppb. NO2 is formed from vehicle, power plant and other industrial emissions, and contributes to the formation of fine particle pollution and smog. Earlier this month, EPA proposed to tighten the nation’s smog standards to protect the health of all Americans, especially children.
EPA is establishing new monitoring requirements in urban areas that will measure NO2 levels around major roads and across the community. Monitors must be located near roadways in cities with at least 500,000 residents. Larger cities and areas with major roadways will have additional monitors. Community-wide monitoring will continue in cities with at least 1 million residents.
Working with the states, EPA will site at least 40 monitors in locations to help protect communities that are susceptible and vulnerable to elevated levels of NO2.
The new standard will help protect Americans from NO2 exposures linked to respiratory illnesses that lead to emergency room visits and hospital admissions, particularly in at-risk populations such as children, the elderly, and asthmatics.
EPA expects to identify or designate areas not meeting the new standard, based on the existing community-wide monitoring network, by January 2012. New monitors must begin operating no later than January 1, 2013. When three years of air quality data are available from the new monitoring network, EPA intends to redesignate areas as appropriate.
Obama Requires Federal Agencies to Reduce Greenhouse Gases
On January 29, 2010, President Obama announced that the Federal Government will reduce its greenhouse gas (GHG) pollution by 28% by 2020. Actions taken under this Executive Order spur clean energy investments that create new private-sector jobs, drive long-term savings, build local market capacity, and foster innovation and entrepreneurship in clean energy industries.
As the single largest energy consumer in the U.S. economy, the Federal Government spent more than $24.5 billion on electricity and fuel in 2008 alone. Achieving the Federal GHG pollution reduction target will reduce Federal energy use by the equivalent of 646 trillion BTUs, equal to 205 million barrels of oil, and taking 17 million cars of the road for one year. This is also equivalent to a cumulative total of $8 to $11 billion in avoided energy costs through 2020.
Federal Departments and Agencies will achieve greenhouse gas pollution reductions by measuring their current energy and fuel use, becoming more energy efficient, and shifting to clean energy sources like solar, wind, and geothermal.
Westar Energy to Spend $0.5 Billion to Resolve Clean Air Act Violations
Westar Energy has agreed to spend approximately $500 million to significantly reduce harmful air pollution from a Kansas power plant and pay a $3 million civil penalty, under a settlement to resolve violations of the Clean Air Act (CAA), the EPA and the U.S. Justice Department announced on January 25. As part of the settlement, Westar will also spend $6 million on environmental mitigation projects.
The agreement, filed in federal court in Kansas, resolves violations of the CAA’s New Source Review requirements at the company’s Jeffrey Energy Center, a coal-fired power plant near St. Marys, Kansas.
“Today’s settlement sets the most stringent limit for sulfur dioxide emissions ever imposed on a coal-fired power plant in a federal settlement,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to protecting clean air for communities by making sure coal-fired power plants comply with the law.”
“This settlement will lower harmful sulfur dioxide and nitrogen oxide emissions by thousands of tons each year, and will benefit air quality in Kansas and downwind areas,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The Justice Department will continue to vigorously enforce violations of the Clean Air Act’s new source review provisions at coal-fired power plants and other sources of excess emissions across the country.”
Under the settlement, Westar will install and operate pollution control equipment at the Jeffrey Energy Center that is expected to reduce combined emissions of sulfur dioxide and nitrogen oxides by roughly 78,600 tons per year, which is 85% below 2007 emissions. In addition, Westar will surrender surplus sulfur dioxide allowances. These allowances cannot be used again, which means that the emissions will be permanently removed from the environment. Westar will also rebuild and optimize controls to reduce particulate matter emissions.
The settlement also requires Westar to spend $6 million on projects to benefit the environment and mitigate the adverse effects of the alleged violations including:
- Retrofitting diesel engines on vehicles owned by or operated for public entities in Kansas with emission control equipment;
- Installing new wind turbines that will result in the reduction of criteria pollutants and greenhouse gases, and provide electricity for the benefit of a school or nonprofit;
- Installing advanced truck stop electrification to reduce harmful emissions from idling trucks;
- Installing plug-in hybrid infrastructure to facilitate the use of plug-in hybrid vehicles; and
- Converting vehicles in Westar’s fleet to reduce pollution by retrofitting diesel vehicles with emission controls and purchasing hybrid vehicles.
In a complaint filed in February of 2009, the government alleged that Westar modified all three units at the Jeffrey Energy Center, its largest coal-fired electric generating station, without installing required pollution control equipment or complying with applicable emission limits, in violation of the CAA. The government discovered the violations through an information request submitted to Westar.
The settlement is part of the EPA’s enforcement initiative to control harmful emissions from coal-fired power plants under the CAA’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxide emission reductions secured from these settlements is more than 2 million tons each year once all the required pollution controls have been installed and implemented.
Sulfur dioxide and nitrogen oxides can cause severe harm to human health and the environment. After being emitted from power plants, they are converted to fine particles of particulate matter that can lodge deep in the lungs, causing a variety of health impacts including premature death. Sulfur dioxides and nitrogen oxides are also significant contributors to acid rain, smog, and haze. Air pollution from power plants can drift significant distances downwind and degrade air quality in nearby areas.
Westar Energy, based in Topeka, Kansas, generates and distributes electricity to more than 684,000 customers in Kansas. It owns and operates three coal-fired electrical generating stations in Kansas. The settlement applies to all three units at the Jeffrey Energy Center, which comprise 2,160 megawatts, or 73%, of Westar’s coal fleet.
$225,000 Penalty for Asbestos Violations During Dorm Demolition
The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office have announced that an Albuquerque, New Mexico, contractor has agreed to pay a $225,000 penalty under a consent judgment for asbestos air quality violations that occurred during the 2007 demolition of the Bureau of Indian Affairs school dormitory in Holbrook.
In May 2007, a subcontractor for Gerald A. Martin Ltd., a New Mexico corporation, began demolition of the dormitory. As the general contractor that was responsible for overseeing the demolition activities, Gerald A. Martin Ltd. was required to ensure compliance with asbestos removal and handling procedures prior to the demolition of the building. In August 2007, analysis revealed that materials containing asbestos were disturbed during the demolition of the dormitory.
In August 29, 2007, ADEQ issued an Order of Abatement to Gerald A. Martin Ltd. requiring compliance with state and federal asbestos air quality requirements. After consulting with ADEQ on measures to reduce the health risks associated with the removal of the contaminated debris, Gerald A. Martin Ltd. reportedly spent more than $900,000 handling and disposing the asbestos in the demolition debris in accordance with approved procedures. All of the demolition debris was removed by Nov. 7, 2007.
Asbestos is made up of microscopic bundles of fibers that may become airborne when damaged or disturbed. Exposure to airborne asbestos may result in potential health risks, and continued exposure can result in serious lung disease, including asbestosis, lung cancer or mesothelioma.
“It never pays to take shortcuts with asbestos and other hazardous materials involved in building demolitions,” said ADEQ Director Benjamin H. Grumbles. “Fortunately, the company stepped forward after an abatement order and complied with state and federal law to reduce potential risks to students, employees, and the community.”
“Strict compliance with asbestos identification, notification and handling requirements is necessary to ensure safe handling and disposal of these potentially lethal materials,” Attorney General Terry Goddard said. “Arizona’s asbestos handling rules protect our communities, workforce and public health. Violations will not be tolerated.”
Connecticut Attorney General, 15 Other States Seek to Intervene in Support of EPA Finding that CO2 is Health Hazard
Connecticut’s Attorney General Richard Blumenthal intervened in a court action to defend the EPA finding that carbon dioxide (CO2) endangers public health, the first step toward regulating the gas which causes global warming. Blumenthal was joined by 15 other states and New York City.
In response to an action filed by Blumenthal and other state attorneys general, the U.S. Supreme Court ruled in 2007 that CO2 is a pollutant under the CAA. The decision required EPA to regulate CO2 if the agency formally determined that the gas endangers public health.
The EPA found last year that greenhouse gas emissions cause global warming and therefore endanger public health and welfare. The EPA published its finding in December in response to the Supreme Court decision, the first step toward regulating greenhouse gas pollution under the CAA.
Blumenthal and other attorneys general have asked the court to allow them to intervene in defense of EPA’s ruling, which is being challenged by industry groups.
“I will fight to defend this vital ruling—rooted in firm fact and sound science—that carbon dioxide is a pollutant and must be regulated,” Blumenthal said. “Global warming endangers human health, the environment and our economy. Industry must accept reality and begin reducing greenhouse gas pollution before it’s too late. Inaction and indecision are potentially catastrophic.
“I will continue battling for commonsense greenhouse gas pollution caps to slow dangerous global warming.”
Company Vice President, Consultant, Sentenced For Falsifying Air Emissions Data
On Monday, January 11, 2010, Macomb County, Michigan 37th District Court Judge, John M. Chmura, entered into separate plea agreements with Defendants Robert Michael Barach and Biplab Roy, both charged with one count of uttering & publishing and one count of air pollution control—false statements and omissions. Uttering & publishing is a felony punishable by 14 years in prison, while the air pollution control misdemeanor is punishable by 1 year in prison and a $10,000 fine for each violation.
The case arose when staff from Michigan’s Department of Natural Resources and Environment (DNRE) conducted a routine air emissions inspection of Hi-Tech Coating of Warren, Michigan, in November, 2005. Upon review of the facility’s emissions calculation data, DNRE staff noted errors in some of the mathematical formulas used to calculate the emissions based on the daily usage of various chemicals, paints, and adhesives used by the facility. Staff advised Hi-Tech of the errors in the formulas and requested that they be corrected. When a second spreadsheet was sent by Hi-Tech to the DNRE a few weeks later, staff noted that the formulas had been corrected, however, the daily chemical usage data had also been altered and was now reporting hundreds, and occasionally thousands of gallons less usage than the original spreadsheet.
A subsequent investigation by the DNRE’s Office of Criminal Investigations revealed that the original usage data was correct and had been altered to avoid increased state and federal oversight, fees, and emission control equipment costs that would have resulted from correctly reporting the usage data. Barach was a Hi-Tech vice president/engineer and Roy was an air emissions consultant. Barach and Roy are no longer employed by Hi-Tech.
Under the terms of the plea agreement, Barach and Roy each pled guilty to the air pollution control misdemeanor and were each fined $10,000 and $250 in court costs. Barach was also placed on probation for 2 years and is being charged $30 per month in probation costs. The uttering and publishing charges were dismissed under the terms of the agreement.
State and federal environmental laws often rely on proper reporting of data by companies in order to make appropriate decisions that ensure the environment and public health are protected. When it is discovered that data is being intentionally altered by a company to avoid regulations, DNRE will take necessary legal action to hold the appropriate individuals responsible.
Tonawanda Coke Corp. Ordered to Comply with Waste, Air, and Water Laws
You must follow environmental law. In an effort to keep the Tonawanda community fully informed, EPA is sharing information about its ongoing multi-faceted investigation of this facility. The company violated the CAA by polluting the air with uncontrolled releases of ammonia and benzene, failing to conduct required annual maintenance inspections of emission controls and proper maintenance and operations, and failing to complete multiple required reports. Exposure to ammonia, benzene, and other hazardous pollutants can significantly harm human health, and excessive exposure to benzene is a known cause of cancer.
EPA is also insisting that TCC take immediate steps to meet the requirements of the New York State air pollution plan. The company violated the Resource Conservation and Recovery Act (RCRA) in the improper handling of its coal tar sludge, a hazardous waste. TCC also violated the Clean Water Act (CWA) by allowing pipes and storage tanks to significantly degrade and leak, and by failing to provide adequate containment of polluted stormwater runoff, resulting in illegal discharges of polluted wastewater through storm sewers that lead to the Niagara River. EPA is working in close coordination with NYSDEC on the investigations of Tonawanda Coke’s operations and efforts to bring the company into compliance with environmental laws.
“EPA has ratcheted up its ongoing investigation aimed at protecting people’s health and thus far, we have uncovered a long list of environmental violations at Tonawanda Coke,” said Judith Enck, EPA Regional Administrator. “We continue to examine every aspect of the facility’s operations to make sure we have the information to reduce the pollution from the facility. For the sake of those who live and work near this facility, EPA is doing everything in its power to put an end to Tonawanda Coke’s lax environmental practices.”
“Working cooperatively, state and federal agencies have focused on making tangible changes that will benefit the Tonawanda community,” NYSDEC Commissioner Pete Grannis said. “But there is more to be done and our department will continue to evaluate all of its technical and legal options for reducing emissions from the plant in order to protect those who live and work in the area.”
In 2009, EPA and NYSDEC conducted a comprehensive series of inspections of the Tonawanda Coke facility to determine its compliance with federal laws and regulations. As a result of this work, EPA found significant violations of the CAA by TCC. The coke facility failed to enclose and seal openings of three uncontrolled tar-intercepting sumps, five excess ammonia liquor storage tanks and a light oil storage tank. TCC failed to properly calibrate and use key monitoring equipment that could have detected gas leaks from a variety of sources. The company also failed to conduct monthly monitoring of all pumps and valves in benzene service for leaks, did not maintain schematics and diagrams of control equipment and any changes in design, and failed to submit regular reports describing defects, leaks, abnormalities and other key performance measures about its operations. TCC has not provided EPA with vital information about its operations, equipment in benzene service, and compliance methods. The company has failed to identify all of its benzene waste streams, making it difficult to track the amount of pollution generated at the facility. Furthermore, TCC has not provided refresher training to its operating personnel, kept proper records, or submitted appropriate notifications about leaks, spills, and other potential mishaps at its facility.
These investigations continue and as part of them, EPA is requiring the company to provide information about its processes and to conduct testing related to air pollution from the facility. This testing will give EPA and NYSDEC vital information needed to evaluate the facility’s compliance with environmental laws because it will be able to determine whether emissions from the facility are high enough to be controlled under the CAA as a “major source” of hazardous air pollutants. This would mean that the company would have to meet additional requirements above those that EPA has so far compelled it to meet.
EPA and NYSDEC have put TCC on notice that it violated environmental requirements found in New York State’s regulations governing coke ovens by not having the proper air pollution control technology on parts of its facility known as quench towers. Specifically, it was required to have equipment called baffles, which are wooden slats that are installed in the quench towers at an angle to trap particulates and stop them from being carried out of the quench tower with the rising plume of steam. Baffles are a low cost air pollution control device that force waste gas to change direction in order to make it easier to capture particulates and less likely to escape into the air.
EPA’s investigation of TCC uncovered inappropriate management of the facility’s hazardous waste tar sludge generated in the coke production process. Instead of mixing the sludge with coal utilizing appropriate safeguards, such as using a proper concrete lined and walled pad, the sludge was dumped directly on coal piles on the ground and mixed there before recycling it in the coke production process. Under EPA’s RCRA, TCC has an obligation to minimize releases of hazardous waste and to obtain a permit before disposing of it. During its investigation, TCC also admitted to EPA that it had abandoned the remains of two tar storage tanks that had burned in a fire in 2007 and released hazardous waste tar residue to the surrounding soil. EPA is ordering TCC to stop its illegal disposal of wastes and to remove the released tar residues, and any contaminated soils.
EPA also has ordered the company to make specific repairs or corrections to its connections of wastewater pipes and to immediately stop unpermitted discharges of its process and nonprocess wastewater. EPA found multiple leaks of tar, process water, and a highly corroded tank meant to contain a substance known as “liquor,” which is a by-product of the coke process and contains contaminants such as ammonia, cyanide, and naphthalene. The Agency also found other areas that needed fixing to avoid potentially damaging spills and leaks. TCC must submit a description of the work that was done and a written certification that each of the items has been corrected. TCC must also amend its management practices plan, which is intended to control water pollution at the site. TCC must also install a flow meter for process wastewater in the correct location and conduct an audit to identify any cross connections between process and non-process wastewater.
Apart from these administrative orders, on December 23, 2009, TCC’s Environmental Control Manager was arrested on criminal charges filed by the U.S. Attorney’s Office of the Western District of New York and the Department of Justice, Environmental Crimes Section, based on an investigation by EPA’s Office of Criminal Enforcement and the NYSDEC that found he had failed to immediately notify the appropriate government agency as soon as he had knowledge of a release of coal tar sludge, a hazardous substance at the TCC facility. It was also alleged that the coal tar sludge was released as a result of a failed decommissioning of two storage tanks, and that the coal tar sludge was inadvertently ignited. The complaint also charged a violation of the CAA. The charges carry a maximum penalty of five years imprisonment, a fine of $50,000 per day of violation, or both. The defendant is presumed innocent and charges contained in the complaint are merely accusations unless and until proven guilty in a court of law; he was released on bond pending an April court date.
Pilot Process will Begin Testing Washington State Children’s Product Law
. Under the pilot rule-making process, the state and product-makers will learn how to best implement the chemical reporting process called for under the law.
Along with announcing the pilot process, Ecology released the draft list of 66 chemicals that trigger reporting as part of the draft rule. As required by the law, chemicals on the draft list are toxic and have either been found in children’s products or have been documented to be present in human tissue (e.g., blood, breast milk, etc.). However, the mere presence of these chemicals in children’s products does not necessarily indicate that there is a risk of exposure.
The CSPA requires Ecology, in consultation with Department of Health, to develop this list of chemicals. After Ecology issues rules to implement CSPA, manufacturers of children’s products must notify Ecology if their products contain these chemicals.
“We’re taking a thoughtful, practical, common-sense approach that is workable to all parties involved,” said Ted Sturdevant, Ecology director. “Reporting on the use of toxic chemicals is the first step toward getting safer products for children. Reports under this law will help policy makers decide if further actions are needed.”
Carol Kraege, Ecology’s Reducing Toxic Threats Initiative coordinator said, “The draft list of reporting chemicals is a starting point. It is not a definitive list of all chemicals of concern for children. We intend it to be a dynamic list; one that will be revised to reflect new information.”
Ecology expects to receive feedback from pilot participants and complete the pilot rule project by this spring. After that, the agency will proceed with formal rule-making and the public will have an opportunity to comment on the rule.
The Children’s Safe Product Act was signed by Gov. Gregoire on April 1, 2008. The law consists of two basic parts. The first limited the amount of lead, cadmium, and phthalates permissible in children’s products sold in Washington after July 1, 2009.
However, these standards were substantially preempted by the Consumer Product Safety Improvement Act passed by Congress in July 2008. This federal act also limits the amount of lead, cadmium, and phthalates permissible in children’s products and prevents states from enacting similar legislation. This act is being enforced by the federal Consumer Product Safety Commission.
The second part of Washington’s law, requiring manufacturers to disclose chemicals of concern in children’s products, was not preempted by federal statute.
Intel is Top U.S. Renewable Electricity Purchaser
said Jared Blumenfeld, EPA’s newly appointed Regional Administrator for the Pacific Southwest. “Intel, and companies like it, show that you can save the planet and your bottom-line by ditching polluting power sources and switching to green power.”
The EPA’s top 10 Green Power Partners increased their voluntary green power commitments by more than 1.5 billion kilowatt-hours (kWh) in 2009, while 300 new organizations joined the Green Power Partnership. Overall, the 1,200 partners are buying nearly 18 billion kWh of green power annually, equivalent to the annual CO2 emissions from electricity use of more than 1.6 million average American homes.
Intel Corporation is purchasing more than 1.4 billion kilowatt-hours (kWh) of green power annually, which is enough green power to meet 51% of the organization’s purchased electricity use.
“We commend Intel for their outstanding efforts to maximize their renewable energy use and highlight that responsible corporations are leading the battle in the fight to solve the climate change challenge,” added Blumenfeld.
Intel Corporation’s green power purchase of more than 1.4 billion kWh is equivalent to avoiding the CO2 emissions of nearly 197,000 passenger vehicles per year, or is the equivalent amount of electricity needed to power nearly 134,000 average American homes annually.
Intel Corporation is buying renewable energy certificates (RECs) from Sterling Planet and a utility green power product from PNM, as well as generating green power on-site at its facilities.
This purchase also qualifies Intel Corporation for EPA’s Green Power Leadership Club, a distinction given to organizations that have significantly exceeded EPA’s minimum purchase requirements. Green Power Leadership Club members must purchase ten times the partnership’s minimum requirement organization-wide.
Intel Corporation remains the Partnership’s largest single purchaser of green power, increasing its green power commitment over the previous year to more than 1.4 billion kilowatt-hours (kWh). This corresponds to the CO2 emissions from the electricity use of over 133,000 average American homes. Kohl’s Department Stores increased its green power purchase by more than 1 billion kWh in 2009, becoming the second-largest green power purchaser within the Partnership. PepsiCo, Whole Foods Market, the City of Houston, Dell Inc, The Pepsi Bottling Group, Inc., Cisco Systems, Inc., the Commonwealth of Pennsylvania, and Johnson & Johnson round out the Partnership’s top ten purchasers. Together, these ten leaders are buying more than 7.3 billion kWh of green power annually, equivalent to the CO2 emissions from the electricity use of more than 680,000 average American homes.
EPA’s New Eyes on Drilling Tip Line
The agency is asking citizens to call 1-877-919-4EPA (toll free) if they observe what appears to be illegal disposal of wastes or other suspicious activity. Citizens may provide tips anonymously if they don’t want to identify themselves.
In the event of an emergency, such as a spill or release of hazardous material, including oil, to the environment, citizens are advised to call the National Response Center at 1-800-424-8802.
Public concern about the environmental impacts of oil and natural gas drilling has increased in recent months, particularly regarding development of the Marcellus Shale formation where a significant amount of activity is occurring. While EPA doesn’t grant permits for oil and gas drilling operations, there are EPA regulations which may apply to the storage of petroleum products and drilling fluids. The agency is also very concerned about the proper disposal of waste products, and protecting air and water resources.
EPA wants to get a better understanding of what people are experiencing and observing as a result of these drilling activities. The information collected may also be useful in investigating industry practices.
The agency works closely with state and local officials, as well as industry and public interest groups, to ensure that oil and natural gas drilling occurs in a manner which is protective of human health and the environment and complies with applicable laws. The agency is also counting on concerned citizens to report unusual or suspicious activity related to drilling operations.
EPA is asking citizens to report the location, time and date of such activity, as well as the materials, equipment and vehicles involved and any observable environmental impacts.
The Marcellus Shale geologic formation contains one of the largest mostly untapped reserves of natural gas in the United States. It underlies significant portions of Pennsylvania, West Virginia, Ohio, and New York, and smaller portions of Tennessee, Virginia, Maryland, and Kentucky.
Interest in developing Marcellus Shale has increased because recent improvements in natural gas extraction technology and higher energy prices now make recovering the gas more profitable.
Operators produce this gas through a process called hydraulic fracturing (fracking). Fracking requires drilling a well thousands of feet below the land’s surface and pumping down the well under pressure millions of gallons of water, sand, and chemicals to fracture the shale.
The process allows the gas trapped in the formation to flow to the well bore. Approximately 20 to 30% of the fluid flows back to the surface. This “flowback” fluid consists of fracking fluid and brines which contain dissolved minerals from the formation.
Operators are urged to recycle their flowback water for reuse in the fracking process, but some of the flowback is taken offsite for disposal. Chemicals used in the process are often stored on-site. Spills can occur when utilizing these chemicals or when transporting or storing wastewater, which can result in the contamination of surface water or ground water, which is used for many purposes including drinking water.
North Carolina Authorized to Implement the Lead Renovation Program
On January 21, 2010, the state of North Carolina received authorization to administer and enforce EPA’s Lead Renovation Program (LRP). The authorization became effective upon EPA’s receipt of the state’s certified Renovation Authorization Application which was submitted by Governor Bev Purdue. Chief Deputy Attorney General Grayson G. Kelley has certified that the North Carolina Program, which will be administered by the Division of Public Health, is at least as protective as EPA’s and provides adequate enforcement.
“EPA appreciates North Carolina’s initiative to prevent further lead poisoning by ensuring that work that disturbs paint is done in a lead-safe manner,” said Acting Regional Administrator Stan Meiburg. “Renovators and rental property owners play a major role part in protecting children from lead-based paint hazards in the home.”
The LRP program mandates that contractors, property managers and others working for compensation, in homes and child-occupied facilities built before 1978, must be trained and use lead-safe work practices. They are also required to provide the lead pamphlet “Renovate Right; Important Lead Hazard Information for Families, Child Care Providers and Schools” to owners and occupants before starting renovation work.
Lead contaminated dust is the most significant source of lead exposure for children. Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. Lead-based paint was used in more than 38 million homes until it was banned for residential use in 1978. Lead exposure can cause reduced IQ, learning disabilities, development delays and behavioral problems in young children.
NASA: Last Decade was Warmest on Record, 2009 One of Warmest Years
In the Southern Hemisphere, 2009 was the warmest year on record.
Although 2008 was the coolest year of the decade because of a strong La Nina that cooled the tropical Pacific Ocean, 2009 saw a return to a near-record global temperatures as the La Nina diminished, according to the new analysis by NASA’s Goddard Institute for Space Studies (GISS) in New York. The past year was a small fraction of a degree cooler than 2005, the warmest on record, putting 2009 in a virtual tie with a cluster of other years—1998, 2002, 2003, 2006, and 2007—for the second warmest on record.
“There’s always interest in the annual temperature numbers and a given year’s ranking, but the ranking often misses the point,” said James Hansen, GISS director. “There’s substantial year-to-year variability of global temperature caused by the tropical El Nino-La Nina cycle. When we average temperature over five or ten years to minimize that variability, we find global warming is continuing unabated.”
January 2000 to December 2009 was the warmest decade on record. Looking back to 1880, when modern scientific instrumentation became available to monitor temperatures precisely, a clear warming trend is present, although there was a leveling off between the 1940s and 1970s.
In the past three decades, the GISS surface temperature record shows an upward trend of about 0.36 degrees F (0.2 degrees C) per decade. In total, average global temperatures have increased by about 1.5 degrees F (0.8 degrees C) since 1880.
“That’s the important number to keep in mind,” said GISS climatologist Gavin Schmidt. “The difference between the second and sixth warmest years is trivial because the known uncertainty in the temperature measurement is larger than some of the differences between the warmest years.”
The near-record global temperatures of 2009 occurred despite an unseasonably cool December in much of North America. High air pressures from the Arctic decreased the east-west flow of the jet stream, while increasing its tendency to blow from north to south. The result was an unusual effect that caused frigid air from the Arctic to rush into North America and warmer mid-latitude air to shift toward the north. This left North America cooler than normal, while the Arctic was warmer than normal.
“The contiguous 48 states cover only 1.5% of the world area, so the United States’ temperature does not affect the global temperature much,” Hansen said.
GISS uses publicly available data from three sources to conduct its temperature analysis. The sources are weather data from more than a thousand meteorological stations around the world, satellite observations of sea surface temperatures, and Antarctic research station measurements.
Other research groups also track global temperature trends but use different analysis techniques. The Met Office Hadley Centre in the United Kingdom uses similar input measurements as GISS, for example, but it omits large areas of the Arctic and Antarctic where monitoring stations are sparse.
Although the two methods produce slightly differing results in the annual rankings, the decadal trends in the two records are essentially identical.
“There’s a contradiction between the results shown here and popular perceptions about climate trends,” Hansen said. “In the last decade, global warming has not stopped.”
$16,000 Penalty for Hazardous Waste and Industrial Wastewater Violations
The Massachusetts Department of Environmental Protection (MassDEP) assessed a $16,000 penalty to Boutwell, Owens & Co. Inc. of Fitchburg, Massachusetts, for violating state Hazardous Waste Management and Industrial Wastewater regulations.
. MassDEP also found that the company had illegally transported the waste oil, transferred custody of the waste oil to an unauthorized facility, and failed to properly label waste oil containers. In addition, the company operated its industrial pretreatment system without a certified wastewater treatment plant operator and discharged low pH industrial wastewater to the Fitchburg sewer system.
The company must pay $4,171 of the assessed penalty and perform a two-part Supplemental Environmental Project valued at $11,800. Approximately $4,800 will be used to purchase equipment for the Fitchburg Fire Department. An additional $7,000 will be utilized to update the Printers Environmental Workbook by generating Waste Oil and Wastewater Discharge fact sheets. Those fact sheets will be sent to Massachusetts printers statewide. In addition, the training materials for printers will be available via a Power Point presentation, an outreach training session and a webinar.
“This company corrected its procedures when the violations were identified,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. “The Supplemental Environmental Projects will help Massachusetts printers better understand their regulatory requirements, while providing the Fitchburg Fire Department an important tool to better respond to hazardous waste and material emergencies.”
$65,000 Penalty for Hazardous Waste Violations
Combined Systems, Inc., headquartered in Great Neck, New York, has agreed to pay a $65,000 penalty to settle alleged violations of federal and state hazardous waste regulations at its Jamestown, Pennsylvania, facility.
The alleged violations involve storage and recordkeeping violations. The settlement penalty reflects the company’s efforts to comply and its cooperation with EPA in the investigation and resolution of this matter.
EPA cited Combined Systems, Inc. for violating RCRA, the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.
As part of the settlement, Combined Systems has neither admitted nor denied liability for the alleged violations, but implemented measures to improve its compliance with applicable RCRA requirements soon after EPA’s 2007 inspection.
Businessman Convicted for Evading $1.9 Million in Taxes on Sales of Ozone-Depleting Greenhouse Gases
Dov Shellef, a businessman from Great Neck, New York, was convicted on 86 counts, following a five-week jury trial, for conspiring to defraud the Internal Revenue Service in the collection of approximately $1.9 million in excise taxes due on sales of the ozone-depleting greenhouse gas known as CFC-113, the Justice Department announced.
The jury sitting in Central Islip, New York, also convicted Shellef for subscribing to false corporate tax returns, wire fraud, and money laundering.
According to facts presented at trial, Shellef represented to manufacturers that he was purchasing CFC-113 for export, allowing manufacturers to sell it to him tax-free. He then sold the product in the domestic market without notifying the manufacturers or paying the excise tax.
As of 1996, the CAA banned the importation and production of CFCs in the United States, but allowed manufacturers to sell and export CFCs that had been stockpiled prior to the ban. CFCs, used primarily as refrigerants and industrial solvents, migrate upon release into the upper atmosphere and destroy ozone, thus permitting more harmful ultraviolet radiation to reach the earth.
In addition, CFC-113 is a significant contributor to climate change. These chemicals are subject to a substantial excise tax imposed to discourage their use and to promote the transition to more ozone-friendly products. This excise tax applied to domestic sales of stockpiled CFCs, but not to sales for export.
Shellef faces a maximum prison sentence of five years for the conspiracy, three years for the false corporate tax return, 20 years for the wire fraud convictions and 20 years for the money laundering convictions. He faces a fine of up to $250,000 for conspiracy, false tax return and wire fraud, and a fine of $500,000 or twice the property involved in the offenses for money laundering. Shellef also faces forfeiture of more than $1 million involved in the money laundering offenses.
Shellef and his business partner, William Rubenstein, were previously convicted by a jury in July 2005 on 130 counts, including conspiracy to defeat the excise taxes on ozone-depleting chemicals, money laundering, wire fraud, and a variety of tax violations. These convictions were reversed by the U.S. court of appeals in March 2008 on grounds that some of them should have been tried separately. Prior to the start of the second trial, Rubenstein pleaded guilty to the conspiracy violation but has not yet been sentenced.