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Source: USEPA Office of Inspector General, December 9, 2011 EPA does not administer a consistent national enforcement program. Despite efforts by the Office of Enforcement and Compliance Assurance (OECA) and the EPA regions to improve state enforcement performance, state enforcement programs frequently do not meet national goals and states do not always take necessary enforcement actions. State enforcement programs are underperforming: EPA data indicate that noncompliance is high and the level of enforcement is low. EPA does not consistently hold states accountable for meeting enforcement standards, has not set clear and consistent national benchmarks, and does not act effectively to curtail weak and inconsistent enforcement by states. OECA has made efforts to improve state performance and oversight consistency, but EPA does not manage or allocate enforcement resources nationally to allow it to intervene in states where practices result in significantly unequal enforcement. As a result, state performance remains inconsistent across the country, providing unequal environmental benefits to the public and an unlevel playing field for regulated industries. By establishing stronger organizational structures, EPA can directly implement a national enforcement strategy that ensures all citizens have, and industries adhere to, a baseline level of environmental protection. EPA could make more effective use of its $372 million in regional enforcement full-time equivalents by directing a single national workforce instead of 10 inconsistent regional enforcement programs. We recommend that EPA establish clear national lines of authority for enforcement that include centralized authority over resources; cancel outdated guidance and policies, and consolidate and clarify remaining enforcement policies; establish clear benchmarks for state performance; and establish a clear policy describing when and how EPA will intervene in states, and procedures to move resources to intervene decisively, when appropriate, under its escalation policy. Download the report

As we come to the end of 2011 and roll into a New Year—an election year—we asked BLR’s in-house environmental experts to tell us what you can expect to see happen on the EHS horizon for 2012.
* Air

• BLR^® air expert, Tim Fagan, tells us that in 2012, EPA will continue to regulate air emissions from the largest sources of pollution, as the Cross-State Air Pollution Rule controlling NO_x and SO² from power plants will go into effect; the utility MACT controlling mercury emissions from power plants will be final; and GHG standards for boilers and refineries are expected. However, significant regulatory actions will be met with substantial opposition and litigation as critics, especially in an election year, present their case that EPA’s over-regulation is stifling the country’s economic recovery.
• Also, possibly, expect some revisions to NSR/PSD regulations, to the GHG reporting requirements as the kinks continue to be worked out of this relatively new program, and, possibly, to certain NESHAPs as more residual risk reviews are completed.

* Water

• Legal editor Amanda Czepiel says that in the beginning of 2012, we will see EPA issue the 2012 Stormwater Construction General Permit (CGP). It will include a number of changes due to the implementation of the Construction and Development Rule, as well as changes to the appearance of the permit, new requirements for site inspections, and the new requirement that EPA’s Notice of Intent electronic process (eNOI) be used to obtain permit coverage.
• Hydraulic fracturing (“fracking”) will continue to be in the news, and we can expect more regulation out of the states and scientific studies on impacts to groundwater and drinking water sources from EPA.
• EPA will finalize a concentrated animal feeding operation (CAFO) reporting rule in mid to late-2012. The final rule will allow EPA to obtain facility-specific information to help address water quality concerns related to CAFOs.
• Lastly, EPA will be finalizing the cooling water intake structure rule by July 2012. This rule affects existing power plants and manufacturing facilities that generate electricity or manufacture other goods and that also withdraw at least 2 million gallons per day of cooling water.

* Waste

• BLR waste expert Liz Dickinson, says several rules proposed by EPA may come to fruition in 2012. In November 2011, EPA closed public comment on a rule concerning the disposal of coal combustion residuals from electric facilities, first proposed in 2010. EPA is considering two possible options for the management of coal ash. Under the first proposal, EPA would list these residuals as special wastes subject to regulation under subtitle C of RCRA, when destined for disposal in landfills or surface impoundments. Under the second proposal, EPA would regulate coal ash under subtitle D of RCRA, the section for non hazardous wastes.
• In 2011, EPA proposed the revision of certain exclusions from the definition of solid waste for hazardous secondary materials intended for reclamation that would otherwise be regulated under Subtitle C of RCRA. The proposal modifies EPA’s 2008 Definition of Solid Waste (DSW) rule, which revised hazardous waste regulations to encourage recycling of hazardous secondary materials. Under a settlement agreement with the Sierra Club that has been filed with the DC Circuit Court of Appeals, EPA has committed to take final action on this proposed rulemaking on or before December 31, 2012.
• EPA has proposed to add hazardous pharmaceutical wastes to the Universal Waste Rule in order to provide a system for disposing hazardous pharmaceutical wastes that is protective of public health and the environment. However, although EPA does not have a projected date for the finalization of the rulemaking to add hazardous pharmaceutical wastes to the federal universal waste program, it may occur in 2012.

* USTs and Chemicals

• Legal editor Nancy Teolis says that in 2012 EPA’s underground Storage Tank (UST) program will be updating the federal regulations to incorporate Energy Policy Act provisions and update additional provisions of the regulations based on suggestions from extensive stakeholder outreach.
• Mandated by a 2009 court decision, EPA’s National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) went into effect for point source discharges from pesticide application to U.S. waters.
• EPA will continue to issue test orders to screen pesticides and other chemicals as potential endocrine disruptors; chemicals that interact with hormones produced by the human or animal endocrine system.
• In 2012, EPA will continue to require manufacturers and processors of existing chemicals to test their chemicals for health and environmental effects and submit the data to the Agency. Chemicals produced in annual volumes above 1 million pounds are considered High Production Volume or “HPV” chemicals. This subset of HPV chemicals is the main focus of EPA’s existing chemicals testing activities.
• In addition, EPA will continue to review confidentiality claims for chemical identity in health and safety studies. EPA is moving to declassify many chemical identities so they are no longer secret. More chemical names connected with health and safety studies will be released in the future. The agency plans to deny confidentiality claims for chemical identity in health and safety studies provided to the Agency under TSCA unless the chemical identity contains process or mixture information that is expressly protected by the law.
• Expect more states to pass hydraulic fracking regulations requiring substantial disclosure of the chemicals used in the underground injection of water, sand, and chemicals in natural gas production.

Visit Enviro.BLR.com for additional insights.

 

Happy New Year!

How are hospitals grappling with the best way to minimize waste, stay compliant and watch costs? With budget cuts at all levels — hospital, state and federal — health care facilities are consolidating while striving for best operational practices. As a result, many hospital leaders have had to take an inside out approach to examining their impact on total waste throughout the facility.

Read the article at Health Facilities Management

The public review and comment period regarding the Administrator’s intent to issue a Class I disposal site permit to Nevada Land & Resource, Inc. for the proposed Jungo Landfill has been extended until January 30, 2012.

Please read the public notice here.

Sincerely, NDEP Bureau of Waste Management

This quick intro to Life Cycle Assessment covers the basics and looks as how life cycle thinking can be used to make better environmental decisions especially in the design and product development process. Providing snippets of info on LCA/LCT taken from a 90 min lecture given to design students in Melbourne in 2011, the video explores taking a life cycle approach in product design and development and explores the issue of environmental folklore when making environmental decisions.

Watch the short video at Environmental Leader

New Program Seeks Community Mentors to Help Align University Researchers with Industry’s Technology Needs.

A strong relationship between businesses and universities is an important factor in accelerating technology advancement and commercialization for both town and gown.  With this in mind, the University of Nevada, Reno/DRI Technology Transfer Office (TTO) is launching a new program called The Industry/Faculty Partnering Clinic.

The clinic will foster relationships linking faculty from the University of Nevada, Reno, and DRI with industries relevant to the researcher’s interest areas. By understanding the technology needs of relevant companies, faculty can better position their research programs to produce new discoveries having more immediate commercial impact.  In some cases, relationships formed through the program can allow companies and researchers to work together to further develop or refine products while linking the university with critical technology transfer opportunities.

Over a five-month period, a multidisciplinary team makes introductions between the researcher and relevant industry. The team is comprised of a principal investigator, an entrepreneurial lead, a TTO intern, and an entrepreneurial/business mentor.

Be A Mentor

Members of the business community are invited to become mentors, either for this inaugural class or future clinics, by filling out a brief online contact form at http://tto.dri.edu/tto-form.php.

Research Areas

The first four faculty participants in the program have been identified. Their technology expertise areas include:

• water purification and energy production systems
• computer algorithms to aid in drug discovery
• plants genetically engineered to produce gasoline and enzymes to produce insect pheromones and flavorants/fragrances
• renewable energy production, such as waste water sludge conversion and utilization, biomass pre-treatment and conversion using hydrothermal and torrefaction methods, and life cycle analysis of hydrothermal geothermal energy extraction.

Meet these professors and learn more about their research online at the Industry/Faculty Partnering Clinic faculty participants biographies website.

Developing the Program

The Industry/Faculty Partnering Clinic is one of three community engagement programs recently devised by TTO Director Ryan Heck and NIREC Vice President Li Han Chan.  The two collaborated to conduct a strategic review of the office and develop a strategic roadmap, goals, and tactics for engaging industry and community with UNR and DRI.

The Industry on Campus program is a further effort to educate faculty as to industry needs, and to help industry identify faculty with which to partner. At periodic meetings, faculty share brief technology overviews, industry representatives discuss their technology needs, and time is allotted for a group discussion.

The Community Support Network harnesses the collective expertise of our local community to assess new technologies and identify potential licensees and collaborators. The TTO is building a network of community members to periodically review brief technology summaries and provide very brief feedback on the value proposition of the technology and provide contacts interested in moving the technology to the market place.

We encourage you to consider taking part in this important collaborative program that helps solve industry challenges while building relevant technology transfer from Nevada’s research institutions.

Visit the TTO website for more information these new programs.

December 15, 2011

U.S. Energy Secretary Steven Chu today announced that states and territories across the nation have reached the goal of weatherizing more than 600,000 low-income homes– including more than 125,000 multi-family homes like apartment buildings–more than three months ahead of schedule. The Department reached this major milestone as part of its efforts to save energy and reduce home utility bills for families, while creating jobs in communities throughout the country.

On a conference call to make the announcement, Secretary Chu was joined by Minnesota Governor Mark Dayton, who spoke about Minnesota’s efforts and progress on the ground making homes more efficient with weatherization upgrades.

Through the 2009 American Recovery and Reinvestment Act, states and territories supported by the Department’s Weatherization Assistance Program set the aggressive goal to reduce energy waste in approximately 600,000 low-income homes with energy efficient upgrades such as insulation, air-sealing, and more efficient heating and cooling systems. The program is helping families save money on their energy bills and creating thousands of jobs locally–putting carpenters, electricians, and others back to work. While the original target date for completing 600,000 weatherization upgrades was the end of March, 2012, the Department announced today that it had met that objective more than three months ahead of schedule.

Full story

By Jeff Ferenc

With looming federal reimbursement reductions poised to burden already financially challenged hospitals, sustainability’s potential to cut costs stands like an oasis in the desert. But this is no mirage. More than ever, sustainability offers opportunities to cut costs and improve the environment.

In keeping with the pursuit of optimization and sustainable operations, exploring sustainability strategies inherently forces hospitals to assess whether each department and system serving a facility’s infrastructure is a peak performer. Experience shows that cost-saving opportunities exist at even the environmentally savvy hospitals and often require simple actions with minimal investments that can pay substantial financial dividends.

Health care facilities also are learning that sustainability is an ongoing process rather than a single event; no facility climbs the green mountain in one day. Developing and executing effective plans that make efficient use of energy, water, waste management and environmental services take time.

After a brief lull in activity in 2010, it appears that taking steps to cut energy costs is experiencing a rejuvenation, according to the 2011 Energy Efficiency Indicator survey administered by the American Society for Healthcare Engineering (ASHE), Johnson Controls’ Institute for Building Efficiency (IBE) and others.

Read the complete article at Health Facilities Management