TSCA Reform Bill Introduced

March 16, 2015

 

The bill also requires the EPA to act quickly to consider a ban on asbestos, and it maintains states’ rights to protect people from dangerous toxic chemicals.

The bill is named after Alan Reinstein, who passed away in 2006 at the age of 66 from mesothelioma, a disease associated with exposure to asbestos. Alan’s wife, Linda, co-founded the Asbestos Disease Awareness Organization (ADAO) in 2004. The legislation is also named after Trevor Schaefer, a brain cancer survivor who was diagnosed with the disease twelve years ago at the age of 13. As a co-founder of the Trevors Trek Foundation, he has worked to make communities safer from cancer and other childhood diseases related to the environment and chemical exposures.

Learn DOT’s New Rules for Lithium Battery Shipments

 

 

  • Enhance packaging and hazard communication requirements for lithium batteries transported by air
  • Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
  • Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
  • Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
  • Revise the exceptions for small cells and batteries in air transportation
  • Revise the requirements for the transport of lithium batteries for disposal or recycling
  • Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
  • Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

 

Jacksonville RCRA and DOT Training

 

New Orleans RCRA and DOT Training

 

Philadelphia RCRA and DOT Training

 

EPA to Revise PM 2.5 NAAQS

 Specifically, this notice provides details on how the EPA proposes that air agencies meet the statutory state implementation plan (SIP) requirements that apply to areas designated nonattainment for any PM2.5 NAAQS, such as: general requirements for attainment plan due dates and attainment dates, emissions inventories, attainment demonstrations, provisions for demonstrating reasonable further progress, quantitative milestones, contingency measures, and nonattainment New Source Review (NNSR) permitting programs, among other things. This proposed rule clarifies the specific attainment planning requirements that would apply to PM2.5 NAAQS nonattainment areas based on their classification (either Moderate or Serious), and the process for reclassifying Moderate areas to Serious. Additionally in this notice, the EPA is proposing to revoke the 1997 primary annual standard because the EPA revised the primary annual standard in 2012.

The EPA first established the PM2.5 NAAQS in 1997, completed a review of those standards in 2006, and most recently completed a review of the PM2.5 NAAQS on December 14, 2012. 

Pennsylvania DEP to Revise Environmental Protection Performance Standards at Oil and Gas Well Sites

 

“These proposed revisions focus on the need to protect public safety and the environment while enabling drilling to proceed,” said Acting DEP Secretary John Quigley.

The proposed amendments to Chapter 78 address surface activities at oil and gas well sites, and center on five core areas. The regulation amendments are proposed to:

  • Improve protection of water resources
  • Add public resources considerations
  • Protect public safety
  • Address landowner concerns
  • Enhance transparency and improve data management

“These areas reflect the emphasis of the comments we received,” Quigley said. “We received more than 24,000 comments, and want to be deliberate and transparent as we seek continued input on the proposed revisions from our advisory committees and the public.”

The specific proposed changes would:

  • Require operators to demonstrate that streams and wetlands will be protected if the edge of the well pad is within 100 feet of the resource
  • Require centralized wastewater impoundments to be permitted through more appropriate Residual Waste Regulations (with existing impoundments upgraded or closed within 3 years of the effective date)
  • Expand the review of impacts that operators must conduct to include public resources, such as schools, playgrounds, and approved wellhead protection areas
  • Require operators to identify active, inactive, orphan and abandoned wells and submit a plan report to DEP at least 30 days prior to drilling
  • Create standards for noise control and mitigation
  • Modernize notification and report submission to improve efficiency and ease reporting

The proposed amendments will be discussed at the upcoming meetings of the Oil and Gas Technical Advisory Board (TAB) and Conventional Oil and Gas Advisory Committee (COGAC), which is in formation, in late March.

Following these advisory committee meetings, the proposed amendments will be opened for a 30-day public comment period April 4, 2015.

The proposed amendments were first opened for public comment on December 14, 2013. Throughout the 90-day comment period, the Environmental Quality Board (EQB) held nine public hearings. The rulemaking received comments from more than 24,000 commentators.

The draft regulations include separate regulatory chapters to differentiate the unique characteristics of conventional and unconventional well development. With the passage of Act 126 in 2014, the General Assembly explicitly acknowledged the distinction between these two very different industries, and directed DEP to draft separate regulations. Accordingly, the revisions include Chapter 78 for conventional wells, and Chapter 78a for unconventional wells.

TAB will discuss Chapter 78a (unconventional) at 10 AM on March 20. COGAC will discuss Chapter 78 (conventional) at 10 AM on March 26. Both meetings are open to the public and will be in Room 105, Rachel Carson State Office Building, 400 Market St., Harrisburg. Those who cannot attend in person may tune in via webinar. To participate in the webinar, pre-registration is required at least 30 minutes prior to the start of each session. To register, visit www.dep.state.pa.us and click on the “Webinar” button on the home page.

Energy Commission Releases Draft Energy Efficiency Computer Standards

 For desktop computers alone, it is estimated that a $2 increase in manufacturing costs will return $69 to consumers in energy savings over the five-year life of a desktop.

When grouped together, computers and monitors are among the leading users of energy in California, and most sit idle, wasting energy and money while not in use. Although many manufacturers already choose to build relatively efficient models, the Energy Commission has determined significant efficiency improvements can be made—equivalent to the energy consumption of all homes in the cities of San Francisco and Santa Clara combined.

“Last year, a report was issued showing consumers have a strong desire to reduce computer energy use. An energy efficiency standard for computers and monitors is an opportunity to save energy without changing the core functions of the machine.”

Proposed standards vary by computer type—notebook and desktop computers, workstations, and small-scale servers—and allow the industry flexibility to choose how to comply. Standards for notebooks, small-scale servers, and workstation computers would take effect January 1, 2017. Standards for desktop computers and thin-clients would take effect January 1, 2018.

Some highlights of the draft report include the following:

  • A machine’s power management, when it is not in use, will be improved.
  • Standards are estimated to save 2,702 gigawatt hours a year, potentially reducing the utility bills of consumers by $430 million annually.
  • The estimated increase in cost for notebooks, where 73% of today’s models already comply with the proposal, is $1 with consumers saving more than $2 in energy costs over four years.
  • Desktop computers, which lag behind notebooks in energy efficiency innovation, offer the largest energy savings opportunity at about $69 in savings over a five-year life for a $2 efficiency upgrade.
  • The cost of a computer monitor will increase about $5 but will save consumers more than $26 over a six-year life. This standard would affect monitors manufactured on or after January 1, 2017.
  • Computer monitors and signage displays, like those seen in airports for flight schedules, lay out a minimum threshold for the amount of power consumed in “on,” “standby,” and “off” modes.
  • In addition to power-saving features, the proposed standards would align test procedures and regulatory framework with existing international and federal ENERGY STAR® specifications.

“With roughly as many computers and monitors as people in California, the Energy Commission identified a large amount of energy consumed and the potential for significant savings within this category,” McAllister said.

The Energy Commission developed the draft staff report and standards after receiving stakeholder input beginning in September 2012. A workshop is scheduled for April 15, where public comments and further stakeholder input will be heard. The comments will guide changes to the staff analysis and proposed standards.

Silk Could be New Green Material for Next-Generation Batteries

Lithium-ion batteries have enabled many of today’s electronics, from portable gadgets to electric cars. But much to the frustration of consumers, none of these batteries last long without a recharge. 

Chuanbao Cao and colleagues note that carbon is a key component in commercial Li-ion energy storage devices including batteries and supercapacitors. Most commonly, graphite fills that role, but it has a limited energy capacity. To improve the energy storage, manufacturers are looking for an alternative material to replace graphite. Cao’s team wanted to see if they could develop such a material using a sustainable source.

The researchers found a way to process natural silk to create carbon-based nanosheets that could potentially be used in energy storage devices. Their material stores five times more lithium than graphite can—a capacity that is critical to improving battery performance. It also worked for over 10,000 cycles with only a 9% loss in stability. The researchers successfully incorporated their material in prototype batteries and supercapacitors in a one-step method that could easily be scaled up, the researchers note.

New Jersey Issues Permits to Improve Water Quality in Urban Areas

 

The DEP permits require the development of long-term control plans to address 217 combined sewer overflow (CSO) discharge points in the state. Most are located in the New York-New Jersey Harbor region.

 

“The Christie Administration has made improving water quality a key environmental priority,” Commissioner Martin said. “This new framework allows our urban communities to work with the state to establish realistic solutions to address the longstanding and difficult problem of combined sewer discharges, while creating jobs and economic growth. I commend all of the stakeholders who have been actively engaged in the process.”

During heavy rainfall or significant snowmelt, the systems overflow, causing discharges of mixed sewage and stormwater that create potential health concerns and diminish enjoyment of the waterways.

The new permits require operators to develop long-term control strategies that include gray infrastructure projects, such as holding tanks to store stormwater for later release, and treatment plant expansions. The permits also encourage green infrastructure projects, such as rain gardens and green roofs, to divert stormwater before it enters the sewage piping networks.

“Exposure to polluted water containing sewage can cause a host of problems,” said EPA Regional Administrator Judith A. Enck. “Sewage pollution can contaminate drinking water supplies, make people sick, cause beach and shellfish bed closures, and harm fish. EPA applauds this important step by NJDEP to control sewage pollution to protect public health and the environment.”

Over decades, the state has provided billions of dollars in funding for the upgrade of urban water and wastewater infrastructure. However, combined sewer systems are very old and are buried under streets, roads, buildings, and densely populated neighborhoods, making them logistically difficult and very expensive to replace with separate systems.

These permit holders already are required to maintain control technologies at outfalls to collect solids and trash, to prevent that material from entering waterways. The new permit system will reduce the number and amount of CSO discharges, thereby reducing pathogens and other pollutants to waterways.

As part of the state’s new approach, municipalities and system operators also must implement enhanced public notification strategies, including providing real-time information on potential discharges into rivers and other waterways.

Permit holders are required to post identification signs at discharge points stating there may be sewage overflows during and following wet weather, with the possibility that contact with the water may cause illness. The permit holders must also provide leaflets, fliers, and signs at areas dependent on waterways, such as marinas, docks, and fishing piers, as well as set up telephone hotlines or websites to provide real-time discharge information.

Permits were issued to the Camden County Municipal Utilities Authority; the City of Camden; Gloucester City; the Trenton Sewer Authority; the Joint Meeting of Essex and Union Counties Sewerage Treatment Plant; Elizabeth; the Middlesex County Utilities Authority; Perth Amboy; the Bergen County Utilities Authority; Hackensack; Ridgefield Park; Fort Lee; North Bergen Woodcliff Sewage Treatment Plant; Guttenberg; the North Hudson Sewerage Authority’s Adams Street and River Road wastewater treatment plants; the Passaic Valley Sewer Commission; the Bayonne City MUA; the Jersey City MUA; the City of Newark; the North Bergen MUA; East Newark Borough; Harrison Town; Kearny; and Paterson.

In order to encourage regional collaboration on planning and development of projects, permit holders who agree to work in partnership with other permit holders have up to five years to develop one consolidated plan. Those who choose to submit individual plans have up to three years.

This approach gives communities an opportunity to establish their priorities, spread costs over time, and integrate planning with other community improvement goals, such as green space development, flood prevention, traffic mitigation, and property value enhancement.

The state will continue to provide low-cost loans and principal forgiveness funding through the New Jersey Environmental Infrastructure Trust to help address costs related to capital improvements for planning, design, and construction.

EPA Fines Wharton Chemical $230,000 for Hazardous Waste Violations

The EPA recently conducted a compliance evaluation of Wharton Chemical in Hungerford, Texas. The company will pay a $230,000 civil penalty to settle allegations that it violated RCRA, and taking steps to protect the local community from health and environmental risks associated with hazardous waste.

Wharton Chemical, also known as Lamberti USA, Inc., produces specialty chemicals for industrial applications. However, during several occasions in January 2009 through December 2013, the facility generated large quantities of hazardous waste (1,000 kilograms of hazardous waste per month).

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. The RCRA requirements mandate the use of safe practices which greatly reduce the chance that hazardous waste will be released into the environment.

California DTSC Orders Exide Battery Facility to Close

The California Department of Toxic Substances Control (DTSC) announced it will issue an order that will safely close the Exide Technologies battery recycling plant in Vernon and provide for enhanced cleanup of residential properties in the surrounding community. Last month, DTSC initiated the process of denying the company’s permit application. After a detailed review of the facility’s record and its permit application, the department notified Exide that it had concluded that the facility cannot operate in compliance with California’s safeguards to protect public health and the environment. The order to close the facility will become an amendment to a DTSC order issued November 2014.

A key concern in DTSC’s discussions with the company over recent weeks has been Exide’s ability to ensure adequate funding for safely closing the facility and the complete cleanup of lead contamination in the surrounding community. The company has been in Chapter 11 bankruptcy protection since June 2013.

Under the settlement, Exide will avoid criminal charges related to its operation of the plant, in exchange for agreeing to close the facility in compliance with DTSC requirements. “We have been working on a plan for closure for a number of weeks” said DTSC Director Barbara Lee. “In keeping with our commitment to the community, our priority now is to ensure the safe closure of the Exide plant and to complete the cleanup of contaminated yards in the surrounding neighborhoods.”

DTSC’s decision to close the plant was based on several factors, including the facility’s incomplete application following several notices of deficiency, inability to meet safety standards, failure to certify the structural integrity of a containment building used to hold hundreds of tons of lead, and poor history of compliance with environmental and health protection laws. “DTSC will use every tool and legal mechanism at its disposal to ensure that Exide’s remaining resources are used to properly close the facility and clean up contamination in the residential area,” DTSC Director Lee said. As demonstrated by recent cleanup work in the community and on the company’s property, DTSC has worked to hold Exide responsible for removing the contamination caused by the plant with no additional cost to taxpayers.

DTSC’s November 2014 order required Exide to set aside a total of $38.6 million including an existing $11 million surety bond for safely closing the plant, and a total of $9 million for cleanup of the two neighborhoods. Under the order, Exide deposited $2.75 million into a closure financial assurance fund, and $3 million into a trust fund for residential cleanup. The order specified when additional funds would be deposited into those funds.

In the past two years, DTSC took several enforcement actions against the facility beginning with a suspension order in April 2013; a $1.3 million fine in November 2014; and most recently a statement of violations, including illegal treatment of hazardous sludge, in January 2015.

The facility has not operated since March 2014. While the facility remains shut down, DTSC will continue to have its inspectors on-site when work is being performed as directed by the department’s orders. In 2013, DTSC determined that the Exide facility was responsible for lead contamination in the yards of two residential neighborhoods that the South Coast Air Quality Management District determined were the most likely impacted from Exide’s operations. DTSC ordered Exide to sample and clean yards that exceeded California’s strict standards for lead contamination in soil. This sampling is occurring at 216 residential properties in two neighborhoods; several properties contain more than one residence. Sampling has been completed on 152 properties: three did not require cleanup; 38 have completed cleanup; 77 are awaiting cleanup; and data is being analyzed on the remaining 34. Owners of 64 properties have not yet agreed to sampling.

Under DTSC’s orders, Exide remains responsible for the cleanup of lead in the two residential neighborhoods, as well as the cleanup of contamination on its property at 2700 South Indiana Street in Vernon. Exide is also under orders to investigate and clean contamination in the industrial area adjacent to its facility.

The company is required under a 2002 order to clean up residential, industrial and other areas impacted by the facility. DTSC is currently overseeing an investigation to determine the extent of contamination on- and off-site. DTSC’s has ordered Exide to conduct a Corrective Measures Study to determine the best remedy for cleaning up all such contamination.

The Exide Technologies facility recycled lead from used automotive batteries and other sources. The Vernon plant typically recycled about 11 million batteries annually. DTSC’s predecessor, the Toxic Substances Control Program, a program within the California Department of Health Services (DHS), issued an Interim Status Document to a predecessor to Exide on December 18, 1981. Exide acquired the facility in 2000.

Between 1990 and 2015, DTSC levied a total of about $2 million in penalties against Exide and its predecessors in 10 separate enforcement actions, of which $1.3 million came from the November 2014 order. 

What Happens to the Water? Assessing Water Quality in Areas with Hydraulically Fractured Oil and Gas Wells

 

 “There are not enough data available to be able to assess potential effects of oil and gas development over large geographic areas.”

There is not a national water-quality monitoring program in place that focuses on oil and gas development, so existing national water-quality databases and data on hydraulic fracturing were used to assess water-quality trends in oil and gas areas. The study found no widespread and consistent trends in water quality, such as chloride and specific conductance, in areas where unconventional oil and gas wells are prevalent. The amount of water-quality samples, where they are located and the varying constituents that are measured are limiting factors in existing national databases.

Hydraulic fracturing is presently the primary stimulation technique for oil and gas production in low-permeability, unconventional resource reservoirs. Comprehensive, published, and publicly available information regarding the extent, location, and character of hydraulic fracturing and potential effects on regional or national water quality in the United States is scarce. 

Guidance for Communications Before and During Pipeline Emergencies

Pipeline emergencies demand multiple parties’ quick, precise, and coordinated judgment based on plans developed ahead of time. As part of the US Department of Transportation and US Coast Guard’s ongoing effort to bridge the hazardous material research gap among first responders, industry staff, and federal and state regulators, PHMSA contracted with the National Academy of Sciences to conduct the Hazardous Materials Cooperative Research Program (HMCRP).

 

  • Which information pipeline operators should share with emergency responders
  • How to effectively share information before a pipeline emergency strikes
  • Proper order of emergency response actions for optimal results
  • Strategies for exercising and executing emergency response plans

The report was executed with advice and input from diverse stakeholder groups, including an expert panel representing pipeline operators, regulators, and emergency responders. Please note that this report is a collection of research-based suggestions to be used when developing emergency response plans, not during an emergency.

Topics include:

  • Pipeline basics
  • Lessons learned from Communications during Previous Pipeline Incidents
  • What Pipeline Operators Need to Know about Local Emergency Responders Beforehand
  • Regulatory Updates to Emergency Communication Requirements
  • Organizational Roles during Emergencies
  • What Each Party Needs to Know
  • Which Information Each Party Should Provide Others
  • The Role of Public Safety Emergency Communications Centers
  • Suggested Emergency Communication Tools and Protocols
  • Best Practices in Emergency Planning
  • Exercises

Ranfac Corporation Fined $40,473 for Hazardous Waste and Air Quality Violations

 Ranfac Corporation, located at 30 Doherty Avenue, has promptly worked to bring the facility back into compliance.

"Inspections and penalties like this should serve as a wake-up call to tighten up the operation and oversight so that henceforth, the company will move forward consistently focused on core environmental compliance practices," said Phil Weinberg, director of MassDEP's Southeast Regional Office in Lakeville.

Notable among the violations was the operation of a water evaporator involving an electrolyte solution that was later analyzed and determined to be hazardous wastewater. This constitutes a treatment of hazardous waste, an activity that this facility is neither permitted nor licensed to conduct. Ranfac immediately shipped the waste off-site for proper management.

Within 60 days, Ranfac submitted the applicable emission data.

In addition to coming back into compliance, Ranfac will pay the penalty in full within 90 days.

Oregon Advances Climate Leadership with Clean Fuels Program

Governor Kate Brown signed into law Senate Bill 324 extending Oregon’s Clean Fuels Standard. The standard requires the oil industry to cut carbon pollution from transportation fuels by 10% over the next ten years by offering consumers clean, alternative fuels. Oregon’s leaders have joined together with other states and provinces along the Pacific Coast—including California, Washington, and British Columbia—in tackling climate change and creating one of the largest global markets for clean fuels. The standard will diversify Oregon’s fuel supplies, cut carbon pollution, clean the air, and create good jobs.

Total Petroleum Puerto Rico Corp. to Pay $426,000 Penalty for Underground Storage Tank Violations

 These USTs typically hold large quantities of gasoline and can cause significant environmental damage if allowed to leak. Total Puerto Rico has agreed to pay a $426,000 civil penalty, implement compliance measures valued at approximately $1 million and undertake a supplemental environmental project (SEP) consisting of a centralized monitoring system estimated to cost approximately $600,000.

 

This settlement incorporates provisions consistent with the EPA’s Next Generation enforcement efforts, which focus on increasing compliance with environmental regulations by combining the use of advanced technologies, such as pollution detection systems and information technologies, with traditional compliance measures. The centralized monitoring component of the recent agreement is a Next Generation technology that will enable Total Puerto Rico to rapidly identify and respond to actual or potential gas leaks at its gas stations with actively operating USTs, each of which will be equipped with on-site electronic release detection monitoring equipment that will be enhanced with the Next Generation capability to transmit monitoring data to one central location on a 24/7/365 basis.

“This settlement will require Total Puerto Rico to address the risk of gas leaks comprehensively by installing advanced electronic release detection monitoring equipment in all gas stations at which Total owns actively operating USTs,” said Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division. “The settlement also obligates Total Puerto Rico to install state-of-the art centralized monitoring technology, a Next Generation tool that will enable the company to provide around-the-clock surveillance from a single location for over one hundred gas stations.”

“Leaking underground petroleum tanks are a serious problem because they can contaminate groundwater with pollutants such as benzene, which is known to cause cancer,” said Regional Administrator Judith Enck for EPA. “This agreement includes an innovative centralized monitoring system, which will protect the environment by helping to ensure that the underground tanks at many gas stations across Puerto Rico and in the US Virgin Islands will now be properly monitored and maintained.”

Total Puerto Rico will install, or upgrade to, a fully automated electronic release detection monitoring system at 137 facilities with Total-owned USTs in active operation and will operate the systems for at least three years. This compliance measure, valued at approximately $1 million, will connect lines with probing sensors within the USTs to an on-site computer console unit that has audible and visible alarms capable of alerting nearby gas station personnel of gas leaks and other potentially dangerous events. The obligation to install automated release detection monitoring systems will extend to any additional facilities with actively operating USTs acquired by Total Puerto Rico after the date of lodging of the consent decree. In addition, Total Puerto Rico’s voluntary undertaking of a SEP—the implementation, operation, and maintenance of a centralized monitoring capability estimated to cost approximately $600,000—will connect at least 125 of the facilities with electronic release detection monitoring systems to a central location. Total Puerto Rico will also provide quarterly reports to EPA regarding its operation of these systems, and will be required to provide information regarding their operation upon EPA’s request.

This is the second judicial settlement in Puerto Rico requiring a defendant to implement company-wide automated electronic release detection with a centralized monitoring capability. A settlement in 2011 with Chevron Puerto Rico covered over 140 gas stations for a period of five years. With the recent proposed settlement with Total Puerto Rico, more than 250 gas stations throughout Puerto Rico will have electronic release detection equipment and centralized monitoring.

The settlement is subject to a 30-day public comment period and is conditioned upon approval by the United States District Court before becoming final.

Massachusetts Nursing Home Penalized $5,000 for Groundwater Discharge Violations

The Massachusetts Department of Environmental Protection (MassDEP) assessed a $5,000 penalty to Life Care Centers of America, Inc., following Groundwater Discharge Permit violations at its wastewater treatment facility (WWTF) serving the company's Life Care Center of Nashoba Valley location on Foster Street in Littleton.

During two different periods in 2013 and 2014, MassDEP inspected the facility, formerly known as the Littleton House Nursing Home, and identified numerous maintenance issues, excessive solids in the tanks and sand filter clear well, and effluent violations for nitrogen. After several unsuccessful attempts to correct the violations, the company reached a settlement with MassDEP to establish an enforceable schedule to restore proper operation of the treatment facility.

Under the terms of a consent order, the company will conduct an evaluation of all treatment units in the WWTF and submit a schedule for operational modifications and physical upgrades to MassDEP for review and approval, limit the use of quaternary ammonia-containing cleaning products at the facility, and develop an updated operation and maintenance plan.

"Proper operation and maintenance of this facility is essential to protect the surrounding groundwater quality," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester.

Hampton Lumber Fined $15,600 for Air Quality Violation

The Oregon Department of Environmental Quality fined Hampton Lumber Mills, Inc., $15,600 for air quality violations at its sawmill and planing facility at 550 NE Skipanon Drive in Warrenton, Oregon.

DEQ issued this penalty because on October 15, 2012 and May 8, 2013, the facility emitted particulate matter at levels that violated its air quality permit.

The facility violated its six-minute average opacity limit, which is a new source performance standard for its hogged fuel boiler. Measuring opacity, or how much particles obscure visibility, is a method of assessing particulate emissions. The standard ensures that new air contaminant sources maintain optimum efficiency and keep pollutant levels to a minimum to meet national air quality health standards.

Particulate matter is a pollutant that can contribute to respiratory distress. Once inhaled, particulate matter can affect the heart and lungs, causing serious health problems such as decreased lung function, irregular heartbeat, and chronic bronchitis.

In determining the penalty amount, DEQ considered Hampton Lumber’s efforts to correct or minimize the violation’s impacts. The company did this by responding quickly to re-establish good combustion and proper fuel-to-air ratios to reduce the opacity and return the boiler to compliance. The company also installed audible alarms to notify boiler operators in the future when the oxygen levels drop.

Hampton Lumber is not appealing the penalty. The company plans on conducting a supplemental environmental project to mitigate a portion of the penalty. DEQ allows individuals and companies to commit a portion of the fine to projects that benefit public health or the environment.

EPA Announces 70 Top Performing Energy Star Certified Manufacturing Plants

Together, these manufacturing plants saved a record amount of energy, cut their energy bills by $725 million, and reduced greenhouse gas (GHG) emissions by more than 8 million metric tons—equivalent to the annual total energy use of more than 650,000 households. From implementing corporate energy management programs to implementing energy efficiency projects, there are many ways plants can save energy with EPA’s Energy Star program.

” said EPA Administrator Gina McCarthy. “Through their work with EPA, the 2014 Energy Star manufacturing plants are demonstrating that making sustainability and energy efficiency improvements is a smart business decision.”

Among these are plants from the auto assembly, cement manufacturing, corn refining, food processing, glass manufacturing, pharmaceutical manufacturing, and petroleum refining industries.

Seven are certified for the first time:

  • ConAgra Foods’ American Falls, Idaho, frozen fried potato processing plant
  • ConAgra Foods’ Ogden, Utah, cookie and cracker baking plant
  • Essroc Cement Corp.’s Martinsburg, West Virginia, cement manufacturing plant
  • Essroc Cement Corp.’s Nazareth, Pennsylvania cement manufacturing plant
  • Lehigh Cement’s Glen Falls, New York, cement manufacturing plant
  • Lehigh Cement’s Leeds, Alabama, cement manufacturing plant
  • Marathon Petroleum Corporation’s Illinois Refining Division petroleum refinery

Since the inception of EPA’s Energy Star certification, a total of 139 manufacturing plants have achieved this distinction. These plants have saved over 530 trillion British thermal units (TBtu) in energy, equal to preventing more than 36 million metric tons of carbon dioxide equivalent emissions and saving enough energy to provide the total yearly energy needs of approximately 3 million American households.

EPA provides industry-specific Energy Star plant benchmarking tools to help industry measure energy performance. These are available or under development for more than 20 manufacturing sectors. Energy Star benchmarks enable companies to compare a plant’s energy performance against those of its industry and empower manufacturers to set informed improvement goals.

2014 Energy Star Manufacturing Plants by State:

Alabama:

  • Lehigh Cement Leeds (Cement)*

Arizona:

  • CalPortland Rillito (Cement)
  • Salt River Materials Group Clarkdale (Cement)

California:

  • Ardagh Group Madera (Container Glass)
  • CEMEX Victorville (Cement)
  • Lehigh Cement Redding (Cement)

Florida:

  • CEMEX Brooksville South (Cement)
  • CEMEX Miami (Cement)
  • Titan Pennsuco Cement Co. (Cement)

Georgia:

  • CEMEX Clinchfield (Cement)
  • Kellogg Company Augusta (Cookie & Cracker)
  • Kellogg Company Columbus (Cookie & Cracker)

Idaho:

  • ConAgra Foods American Falls (FF Potato)*

Illinois:

  • ConAgra Foods South Beloit (Cookie & Cracker)
  • Marathon Illinois Refining Division (Refinery)*
  • Oak State Products Wenona (Cookie & Cracker)

Indiana:

  • Ardagh Group Dunkirk (Container Glass)
  • Honda Manufacturing of Indiana (Auto)
  • Toyota Motor Manufacturing Indiana – West (Auto)

Kentucky:

  • CEMEX Kosmos Louisville (Cement)
  • Kellogg Company Florence (Cookie & Cracker)
  • Kellogg Company Louisville (Cookie & Cracker)
  • Toyota Motor Manufacturing Kentucky – Plant 1 (Auto)
  • Toyota Motor Manufacturing Kentucky – Plant 2 (Auto)

Louisiana:

  • Marathon Louisiana Refining Division (Refinery)

Massachusetts:

  • Ardagh Group Milford (Container Glass)

Maryland:

  • Lehigh Cement Union Bridge (Cement)

Minnesota:

  • ConAgra Foods Park Rapids (FF Potato)
  • Faribault Foods Beverage Division (Juice)

Mississippi:

  • Nissan NA Canton (Auto)
  • Toyota Motor Manufacturing Mississippi (Auto)

Missouri:

  • Continental Cement Hannibal (Cement)*
  • Holcim St. Genevieve (Cement)
  • Buzzi Unicem River Cement (Festus) (Cement)

Nebraska:

  • Merck Intervet, Inc., Elkhorn (Pharma)

New York:

  • ConAgra Foods Tonawanda (Cookie & Cracker)
  • Lehigh Cement Glen Falls (Cement)*

North Carolina:

  • Kellogg Company Cary (Cookie & Cracker)

Ohio:

  • CEMEX Fairborn (Cement)
  • Honda of America Manufacturing East Liberty (Auto)
  • Honda of America Manufacturing Marysville (Auto)
  • Kellogg Company Cincinnati (Cookie & Cracker)
  • Marathon Ohio Refining Division (Refinery)

Oklahoma:

  • Ardagh Group Sapulpa (Container Glass)

Pennsylvania:

  • Essroc Cement Corp. Nazareth (Cement)

Puerto Rico:

  • Merck Las Piedras (Pharma)
  • Merck MMD Arecibo (Pharma)

South Carolina:

  • Holcim Holly Hill (Cement)

Tennessee:

  • Buzzi Unicem Signal Mountain (Chattanooga) (Cement)
  • Merck Cleveland (Pharma)
  • Nissan NA Smyrna (Auto)

Texas:

  • Allergan Pharmaceuticals Waco (Pharma)
  • Buzzi Unicem Alamo Cement (Cement)
  • Buzzi Unicem Maryneal (Cement)
  • Buzzi Unicem Pryor (Cement)
  • Holcim (Texas) Midlothian (Cement)
  • Martin Marietta TXI Operations Midlothian (Cement)
  • Toyota Motor Manufacturing Texas (Auto)

Utah:

  • ConAgra Foods Ogden (Cookie & Cracker)*
  • Holcim Devil's Slide (Cement)

Virginia:

  • Titan Roanoke Cement Company (Cement)

Washington:

  • ConAgra Foods Quincy (FF Potato)
  • ConAgra Foods Richland (FF Potato)
  • ConAgra Foods Warden (FF Potato)
  • JR Simplot Othello (FF Potato)
  • JR Simplot Moses Lake (FF Potato)
  • Phillips 66 Company Ferndale (Refinery)

West Virginia:

  • Essroc Cement Corp. Martinsburg (Cement)*

Wisconsin:

  • Ardagh Group Burlington (Container Glass)
  • ConAgra Foods Ripon (Cookie & Cracker)

* First time certification

Behind each blue label is a product, building, or home that is independently certified to use less energy and cause fewer of the emissions that contribute to climate change. From the first Energy Star qualified computer in 1992, the label can now be found on products in more than 70 different categories, 1.6 million homes, and 24,000 commercial buildings and industrial plants. Today, Energy Star is the most widely recognized symbol for energy efficiency in the world, helping families and businesses save $300 billion on utility bills, while reducing GHG emissions by two billion metric tons since 1992.

Progress Rail Fined $390K for Violating Cargo Handling Equipment Air-Quality Rules

The California Air Resources Board has fined one of the largest providers of rail and transit products and services in North America, Progress Rail, $390,733 for failing to meet compliance deadlines for cleaning up cargo handling equipment and to submit required annual reports. The company was in violation at four of its California locations: ports and/or intermodal rail yards in Oakland, San Bernardino, San Diego, and Terminal Island (Los Angeles).

Since ARB first issued a Notice of Violation to Progress Rail in March, 2013, the company, with corporate headquarters in Alabama, has replaced, retired, or retrofit all equipment in question and is now fully compliant with California’s Cargo Handling Equipment Regulation.

“Mobile cargo handling equipment is powered by diesel-fueled engines that emit toxic particulate matter, which, if not controlled, can cause health problems,” said ARB Enforcement Chief Jim Ryden. “We are pleased that Progress Rail took our concerns very seriously and worked quickly to correct its problems.”

Prior to settling with ARB, the company spent $1.3 million to ensure its fleet was in compliance and implemented a corrective action plan to address future compliance. Progress Rail also re-established internal controls to help prevent similar problems from reoccurring.

As outlined in its settlement agreement, Progress Rail, a wholly owned subsidiary of Caterpillar, will pay $293,050 to the Air Pollution Control Fund to support air quality research, and $97,683 to a supplemental environmental project to help retrofit school buses with diesel filters.

Diesel exhaust contains a variety of harmful gases and more than 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

C-and-D Waste Processing Facility, ReEnergy Roxbury, Fined $19,000 for Solid Waste, Air Quality Violations

The Massachusetts Department of Environmental Protection (MassDEP) has penalized a construction and demolition (C&D) waste processing facility, ReEnergy Roxbury, LLC, $19,000 for solid waste and air quality violations found during an unannounced inspection on September 19, 2014. The facility, which is located at 111 Gerard Street, processes C&D waste to recover materials such as wood, metal, cardboard, gypsum wallboard, asphalt, brick, and concrete.

“The recycling of construction material has the potential to reduce costs, minimize waste and increase recycling for business and consumers,” said Eric Worrall, director of MassDEP’s Northeast Regional Office in Wilmington. “However, operating safely and properly are essential first steps to protect the public health of workers, neighbors nearby and the environment.” In 2012, MassDEP issued a permit to United Waste Management of New England, the facility’s previous owner/operator.

ReEnergy began operating the facility later in 2012 and was the operator at the time MassDEP found the violations. Among those violations were: failure to operate the required dust-suppression system to control emissions; failure to operate/close overhead doors; allowing emissions out of the building through an open side-door; and, over-filling an outdoor storage area with material while also failing to cover that storage area as required. In addition to repairing the broken dust-suppression system and doors, and maintaining overall compliance at the facility, ReEnergy has agreed to pay $12,000 of the penalty, with the remaining $7,000 suspended provided the facility remains in compliance for two years.

Environmental News Links

 

Trivia Question of the Week

Which of these gases contribute to climate change?

a) Carbon dioxide

b) Methane

c) CFCs

d) Nitrous oxides

e) All of the above

 

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