Region 1: EPA New England

Greenbytes: June 16, 2006 Edition

Greetings from EPA New England. We hope you find this edition of Greenbytes useful and we encourage you to give us feedback. For information on subscribing or unsubscribing see the section at the end of this message.

Feature: Wrapping Up a Year of Enforcement Accomplishments

Recently, EPA’s New England office released a report highlighting the significant enforcement and compliance assistance achievements over the previous fiscal year.

We are proud to note that, due to EPA’s enforcement efforts, more than 1.1 million pounds of pollution will be reduced, treated or properly managed in the six New England states.  Further, last year EPA ordered more than $342 million in injunctive relief to cleanup or correct violations.  Also, 17 percent of our enforcement cases were settled including supplemental environmental projects and compliance assistance activities -reaching more than 71,000 individuals within our communities. The two top sectors receiving this assistance included health care facilities and K-12 schools.

The report outlines how EPA New England is assisting health care facilities throughout the region to achieve compliance with environmental regulations through a combined strategy of compliance assistance, self-policing and continued enforcement.  We are partnering with 143 health care facilities throughout the region to achieve reductions in mercury and solid waste and helping them realize the cost savings and environmental benefits that can be attained through improvements in recycling, energy efficiency and water conservation.  To date, these hospitals have reduced their use of mercury by an estimated 3,000 pounds.

After years of coordinated effort, the Massachusetts Water Resources Authority was placed under a federal court order that will virtually eliminate combined sewer overflow discharges from the beaches of South Boston by 2011.  This great work will result in these beaches being among the cleanest urban beaches in the United States. 

Last November saw the groundbreaking EPA settlement in which Wal-Mart, one of the nation’s largest retailers, agreed to take steps to reduce diesel truck idling across the country at its 4,000 facilities. This far reaching settlement resulted from clean air enforcement actions in Massachusetts and Connecticut, brought by EPA's New England Regional Office to enforce anti-idling provisions in the state laws.

Lead poisoning is a serious and preventable health threat for vulnerable populations, especially children. This is a particular focus of concern for our office, as so much older housing exists in New England states that may have lead paint.  We continue to focus our enforcement efforts on landlords with significant holdings throughout New England.  As part of the Federal Lead Paint Disclosure Rule and the Lead Pre-Renovation Rule, we conducted more than 70 inspections covering over 10,000 housing units.  Of the cases settled in 2005, more than $28,000 was paid in fines and penalties and more than $128,500 was paid in supplemental environmental projects and injunctive relief to be used for testing and abating lead paint hazards.

The events of September 11 and Hurricanes Katrina and Rita have highlighted the importance of preparing for, preventing and responding quickly to chemical releases in our communities.  Last year, the our office took action against several Massachusetts and New Hampshire companies for failing to comply with federal chemical emergency response and prevention laws.  As a result of these cases, the facilities have made more than $1.5 million in safety improvements.

As part of EPA's criminal enforcement program, the Bouchard Company was fined $10 million, the largest fine ever in an oil spill case in New England, for the April of 2003 oil spill along the pristine shoreline of Buzzards Bay, Mass.  A significant portion of the fine will be used for wetlands conservation projects within the Buzzards Bay watershed.  In addition, the first mate on the tugboat plead guilty and received a five month jail sentence for allowing the tug to drift off course towards the rocks when he left the wheelhouse for an extended period of time.

More information on the enforcement and compliance report.

Brief Bytes

UNDERGROUND STORAGE TANKS:

In order to comply with the Energy Policy Act of 2005, which contained several provisions regarding Underground Storage Tanks (UST), EPA has recently developed three proposals which are currently open for public comment.  EPA worked with States, Tribes and other partners to develop the proposals.

Comment Opportunity- Draft Requirements for Public Records for UST Grant Guidelines
EPA has released for public comment draft grant guidelines that will establish requirements for public records for underground storage tank systems.  States will have to meet the requirements to be in compliance with provisions of the Energy Policy Act of 2005.  Comments will be accepted on the draft guidelines until July 8. 

Comment Opportunity - UST Draft Grant Guidelines
EPA has released for public comment three draft documents which contain grant guidelines for underground storage tank systems. The draft guidelines will establish minimum requirements on delivery prohibition, secondary containment, and financial responsibility and certification that states must meet to be in compliance with provisions of the Energy Policy Act. Comments will be accepted on these three draft guidelines until June 24. 

Comment Opportunity - UST Draft Tribal Strategy
EPA has released for public comment a draft strategy for implementing the underground storage tanks program in Tribal areas.  If finalized, the draft tribal strategy will serve as the foundation of future underground storage tank work and collaboration with Tribes. Comments will be accepted on the draft tribal strategy until July 1. 

Further detail on all three proposals, and instructions on how to comment

BROWNFIELDS 2006 CONFERENCE UPDATES:

Seeking Innovative uses of GIS Applied to Brownfields Redevelopment
The Brownfields 2006 Conference is interested in learning more about the scope and types of GIS applications being used by communities for brownfields redevelopment work. Does your community use a GIS to identify and set priorities among brownfields sites?  Do you maintain an inventory of brownfield sites as part your GIS? Is GIS used to help market brownfield sites in your community? 

Information on using GIS in brownfields work

Phoenix Award Nomination Deadline Coming Soon - June 30
The Phoenix Award Executive Committee is seeking redevelopment projects to recognize for excellence in brownfield redevelopment.  Celebrating its 10th Anniversary, the project participants will be honored at an awards ceremony during Brownfields 2006 in Boston, Nov. 13-15.  One winner will be selected from each of EPA's ten regions, and one project from outside the U.S. as the international winner.  Additional special winners also will be selected, including projects that have a significant impact for small communities.  The 2006 Phoenix Awards deadline is Friday, June 30.

More information on Phoenix Award Nominations

AIR AND ENERGY ISSUES:

EPA Retains First-Ever Reductions of Mercury from Power Plants
The Clean Air Mercury Rule is the first-ever rule to regulate mercury emissions from power plants. Finalized in March 2005 and reaffirmed recently, it will achieve an approximately 70 percent reduction in mercury emissions from coal-fired power plants when fully implemented. In response to petitions for reconsideration, EPA reaffirmed its approach for regulating mercury emissions from power plants and made technical changes and clarifications to the Clean Air Mercury Rule. EPA is making two technical changes to the rule and finalizing language reaffirming that municipal waste combustors are not covered under this rule, but under a separate rule for air toxics.

A suite of EPA clean air regulations will help most of the country attain new, stringent air quality standards. This rule, combined with other clean air regulations such as the Clean Air Interstate Rule and the Clean Air Nonroad Diesel Rule will lead to significant benefits for our environment, improve public health and promote development of new technologies.

More information on the Clean Air Mercury Rule and the petitions for reconsideration

June 1 Marks Historic Milestone in Clean Diesel
As of June 1, EPA will require refiners and fuel importers to cut the sulfur content of highway diesel fuel 97 percent, from 500 parts per million to 15. When fully implemented, this change will not only enhance environmental protection, but will also prevent nearly 8,300 premature deaths and tens of thousands of cases of respiratory ailments such as bronchitis and asthma. By addressing diesel fuel and engines as a single system, this action will produce the clean air equivalent of eliminating air pollution from 90 percent -- or about 13 million -- of today's trucks and buses. Once fully implemented, Ultra Low Sulfur Diesel will result in the annual reduction of 2.6 million tons nitrogen oxides and 110,000 tons of particulate matter.

More information on EPA's clean diesel initiatives

More information on the Clean Diesel Fuel Alliance

Green Power Partners Challenged to Do More
Because of increasing demand for large-scale green power purchases, EPA and Green Power Partnership members will raise the bar to maximize environmental benefits of purchasing green power from renewable sources of energy. In Jan. 2007, the program will require partners to purchase 100 percent "new renewables" in meeting their minimum purchase requirements for membership, as it used to only be a 50 percent minimum.

The more than 650 Green Power Partners are purchasing enough clean, renewable energy to power over 400,000 U.S. homes each year. Green power is electricity generated from environmentally preferable renewable resources, such as solar, wind, geothermal, low-impact biomass, and low-impact hydro sources. The Green Power Partnership encourages organizations to voluntarily purchase green power as a way to reduce the environmental impacts associated with conventional electricity use. The Green Power Partnership is comprised of Fortune 500 companies, local, state, and federal governments, trade associations, and colleges and universities.

Information about EPA's Green Power Partnership

Proposed List for Boutique Fuels Published
To comply with the Energy Policy Act of 2005, EPA is publishing a proposed list of seven different "boutique fuel" types.  A boutique fuel is a unique fuel specification developed by a state or local air pollution agency and approved by EPA as part of a state plan to meet the nation's air quality standards.  The proposed list will help limit the number of different state fuels required around the country and serve as the basis for any future adoption of boutique fuels.  EPA is requesting public comment on the proposed list.

The existence of too many fuels or fuel types in a given area may present challenges for production, distribution, and storage during disruptions, such as refinery shutdowns or weather-related incidents.  To address this issue, President Bush directed EPA Administrator Stephen Johnson to convene a Boutique Fuels Task Force in cooperation with Governors.  Administrator Johnson will provide the president a report detailing the findings from the Governor's Boutique Fuels Task Force in late June. 

More information on boutique fuels

Diesel Retrofit Guidance Will Help States Calculate Air Quality Benefits
As mandated by the Energy Policy Act of 2005, EPA has issued guidance to states on how retrofit projects can be used in state plans to meet federal air quality standards and conformity determinations. Diesel retrofit technologies can reduce pollution from the existing diesel engine fleet by up to 50 percent for nitrogen oxides and up to 90 percent for both particulate matter and volatile organic compounds. Further, President Bush's FY07 budget request includes $49.5 million to support the Act's Diesel Emissions Reduction provision.  The guidance also complements last year's Transportation Act. For the first time, the Act directs states and metropolitan planning organizations to give priority funding to diesel retrofits and other cost-effective mobile strategies under the Congestion Mitigation and Air Quality Improvement Program.

More information "Diesel Retrofits: Quantifying and Using Their Benefits in SIPs and Conformity – Guidance for State and Local Air and Transportation Agencies"

Public Workshop June 27 to Discuss Review of National Air Quality Standards
EPA will hold a public workshop Tues. June 27 in Research Triangle Park, N.C. to discuss the process the agency uses to review its National Ambient Air Quality Standards. The agency is examining the process to determine whether it can be strengthened and streamlined.  In April, an agency workgroup issued recommendations for improving the process used to review the standards. The workshop will provide the public the opportunity to present their views on the review process, and to discuss the process with EPA officials. This workshop will not cover issues related to the ongoing review of any specific air quality standard.

Where:	U.S. EPA - Research Triangle Park Auditorium C 111-A 109 T.W. Alexander Drive Research Triangle Park, N.C. 27711
When:	1 p.m. to 5 p.m. Tuesday, June 27, 2006
Note:	Anyone attending the meeting will need photo identification to enter the EPA campus.

EPA also will accept written comments on the review process until June 23. Detailed instructions for submitting comments are in the Federal Register notice. The notice also includes questions for workshop participants to consider in advance.

Further background on the NAAQS review process

WATER ISSUES:

New EPA Program Saves Dollars and Makes Sense
WaterSense is a new water efficiency program launched by EPA, which will educate American consumers on making smart water choices that save money and maintain high environmental standards without compromising performance. Easily corrected household water leaks frequently rob consumers of eight percent of their water bill. At least 30 percent of water used by household irrigation systems is lost through wind evaporation and improper design, installation or maintenance. The average household adopting water efficient products and practices can save 30,000 gallons per year – enough to supply a year of drinking water for 150 of their neighbors.  The WaterSense label will be easily identified on products and services that perform at least 20 percent more efficiently than their less efficient counterparts.  These products will be available to families and businesses early next year.

Information about the WaterSense water efficiency program

New Rule to Offer Greater Protection to Marine Life
EPA announced a final rule, established under the Clean Water Act, which will provide increased protection to fish, shellfish and other aquatic life. This action sets standards for cooling water intake structures at new oil and gas extraction facilities either at offshore or coastal locations. The rule applies to an estimated 124 new rigs and platforms expected to be built over the next two decades. These facilities could require as much as 20 million gallons of water a day to cool the equipment.  Derived the Clean Water Act, this is the final action of a three-phase process that began by implementing requirements for new facilities, but did not include offshore or coastal oil and gas facilities. The second rule addressed existing power plants that use more than 50 million gallons of cooling water per day.

More information on water intake at oil and gas extraction facilities

Storm Water Rule Finalized to Comply with Energy Policy Act
EPA has finalized revisions to storm water regulations to advance the comprehensive energy policy enacted by Congress last year. This action, implementing an amendment to the Clean Water Act passed in the Energy Policy Act of 2005, modifies water permitting program regulations to clarify that uncontaminated storm water discharged from oil and gas field activities does not require a National Pollutant Discharge Elimination System permit. EPA will work with government, citizens, and industry to promote the importance of storm water management at oil and gas sites as it implements its rulemaking activities. This rule became effective June 12, 2006.

Information on permitting of storm water discharges

DISASTER PREPAREDNESS:

Early Hurricane Preparations Can Save Lives and Property
Hurricane season has officially begun on June 1, and EPA is providing information for people, businesses and state and local governments on preparations to make before hurricane force winds or storm flooding may occur.  EPA reminds Americans that early preparation can minimize injury and property damage.  Households and businesses should take this opportunity at the beginning of the hurricane season and prepare well in advance, should hurricanes threaten New England.

EPA's hurricane web site includes information for business operators on preventing and reporting chemical releases due to severe weather - which can be required by law.  Local governments and community agencies can find suggestions for preparing and protecting water and wastewater facilities. There is also detailed information for debris planning, since storm debris can occur in enormous amounts that overwhelm local landfills, and can also present serious dangers to human health and the environment.

More information on hurricane preparedness

PESTICIDES & TOXICS:

Proposed Phase-out of Azinphos-Methyl; Longer Restricted Entry Intervals for Phosmet
To increase protection for farm workers and the environment, EPA is proposing to phase out the remaining uses of the organophosphate insecticide azinphos-methyl (AZM).  Currently allowed uses on almonds, Brussels sprouts, pistachios, walnuts and nursery stock will be phased out by 2007, and use on apples, blueberries, cherries, parsley, and pears by 2010.  During the phaseout of AZM, EPA is proposing additional restrictions, including reduced annual application rates, additional worker monitoring, and larger buffer zones to help minimize risks.  The Agency expects growers of these crops to successfully adopt and transition to the available safer alternatives.  All other uses of AZM have been voluntarily cancelled by the manufacturer.  EPA is publishing this proposal and inviting public comments for 60-days before issuing a final decision. 

More information on azinphos-methyl

EPA has also proposed to lengthen the “restricted entry intervals” when the insecticide phosmet is used, to provide better protection to farmworkers. 

More information on phosmet

General information on pesticides, and preventing pesticide poisoning is available through the National Pesticide Information Center.

TRI Program Adopts Reporting by North American Industry Classification System (NAICS) Codes
Owners and operators of facilities subject to Toxics Release Inventory (TRI) reporting must identify their principal business activities using North American Industry Classification System (NAICS) codes beginning with reports due July 1, 2007, for releases and other waste management activities for the 2006 calendar year. In the past, principal business activities were reported using Standard Industrial Classification (SIC) codes, so identifying industrial codes is not a new requirement. EPA is not adding or deleting industry groups subject to reporting requirements, but rather is simply identifying the NAICS codes that are subject to TRI. The Office of Management and Budget plans to update the NAICS system every five years. The next update is scheduled for 2007. TRI-covered NAICS codes, if affected by these updates, will be revised accordingly.

More information to help facilities convert from SIC to NAICS

Press Releases

Bookmark for EPA New England News: http://www.epa.gov/region1/pr/press.html

June 15	Clean Up at Electrosonics Site in Chesterfield, N.H. Resumes
	Cleanup Progress at the Coakley Landfill Superfund Site in N.H. Reviewed
June 14	EPA Teams Up to Make Health Care Environmentally Sustainable - New England Members of “Hospitals for a Healthy Environment” Program Receive Recognition
June 8	Cleanup Progress at Burlington, Vermont's Pine Street Canal Reviewed
June 2	Three New England Groups Honored for Energy Efficiency Efforts
	Children at 19 Massachusetts Schools Win Awards for Environmental Art
May 31	Mass. Chemical Manufacturer to Pay for Safety Violations Following Release of Styrene
May 30	New Hampshire Conservationist Awarded for Career Studying and Protecting Wetlands
	Clean Up Work and Environmental Investigations Continue at Groveland Wells Superfund Site in Mass.
May 26	Public Meeting in Plymouth, ME will Discuss Proposed Final Cleanup Plan for Hows Corner Superfund Site

Automatically receive all EPA New England news releases:
http://www.epa.gov/region1/pr/pr-ne-subscribe.html

 

Meetings & Conferences

Index of June meetings

• June 20-21, 2006
  2006 National RCRA Corrective Conference
  Providence, RI
  details
• June 21, 2006
  NETC (Newport) Restoration Advisory Board
  Newport, RI
  details
• June 27, 2006
  MMR Impact Area Review Team
  details
• June 29, 2006
  New Bedford Harbor Superfund Site Public Meeting
  details

What's New on the Web

NPDES - Draft Permit - Stony Hill, Mass.

NPDES - Permits of Interest - Logan Airport

Greater Boston Breathes Better - Updated info

NPDES - Draft Permits - N.H.

Northeast Diesel Collaborative - updated info

Clean Beaches Initiative - updated into

Environmental Education page - updated

New England Marine No Discharge Zones

GE - Housatonic site - new data and reports

Aerovox Cleanup Site (Mass.) - updated info

Eastland Woolen Mill Superfund Site – updated info

Durham Meadows Site (Conn.) - updated info

RSS Now Available for EPA New England info:

• News Releases feed
  http://yosemite.epa.gov/opa/admpress.nsf/
  RSSByLocation?open&location=Region%2001
• Recent Additions feed
  http://www.epa.gov/region1/rss/recent-additions.rss

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