EPA sets new ozone standard but faces challenges


Got smog? EPA wants to cut ozone, but will face a challenge on new standard.

Environmentalists say new rule is to weak; industry asks Congress to step into the fray

Staff Report

The EPA’s new smog-fighting ozone standard is likely headed down the same path as the agency’s other recent initiatives to improve the environment.

Like the recently updated wetlands rule and the Clean Power Plan, the new ozone limit was immediately criticized from all sides. Environmental advocates said the agency ignored its own experts when it set the new limit at 70 parts per billion. Industry claims the new rule will cut profits and cost jobs. Continue reading

EPA updates pollution regs for oil refineries

More monitoring and data transparency required

"ExxonMobil Baton Rouge" by Adbar - Own work. Licensed under CC BY-SA 3.0 via Commons - https://commons.wikimedia.org/wiki/File:ExxonMobil_Baton_Rouge.jpg#/media/File:ExxonMobil_Baton_Rouge.jpg

“ExxonMobil Baton Rouge” by Adbar via Wikipedia and a Creative Commons license.

Staff Report

Oil refineries will have to do a better job of limiting pollutants that cause cancer and respiratory ailments under updated EPA regulations that require fenceline monitoring and more transparent data on emissions.

The regulations cover controls for flares, pressure relief devices, storage tanks, and delayed coker operations. The EPA expects that the rule will result in a reduction of 5,200 tons per year of toxic air pollutants, and 50,000 tons per year of volatile organic compounds, chemical precursors to ozone.

The agency also estimates the new standards will reduce greenhouse gas emissions from refineries by about 660,000 tons per year at 150 refineries around the country with little impact to the cost of petroleum products. Continue reading

Did VW cheat the U.S. Clean Air Act?

The village VW.

This bug may be innocent, but recent VW diesels sold in the U.S. may be guilty of violating the Clean Air Act. @bberwyn photo.

EPA accuses automaker of using software trick to undermine emissions tests

Staff Report

Germany’s green reputation may be tarnished by one of its biggest automakers, as the EPA and the State of California are accusing the company of circumventing clean air regulations.

The EPA this week issued a formal notice of violation to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. alleging that four-cylinder Volkswagen and Audi diesel cars from model years 2009-2015 include software that circumvents EPA emissions standards for certain air pollutants.

Continue reading

Is the EPA doing enough to protect bees?

Bumblebee love!

Bees are dying in huge numbers, and conservation groups are concerned the EPA is not doing enough to protect them. @bberwyn photo.

Beekeepers accuse pesticide industry of trying to ‘hijack’ public policy

FRISCO — The public comment period for proposed EPA rules on bee-killing pesticides may be over, but the battle over pesticide policies will continue, as conservation groups suspect that the pesticide industry may have exerted undue influence over the rule-making process.

Those concerns are reinforced by some of the country’s beekeepers, who say the proposed rule doesn’t do enough to address federal responsibility to address the impact of pesticides on bee deaths. The Pollinator Stewardship Council recently submitted a letter to the EPA detailing its concerns about the proposed new rule. Continue reading

New documents show EPA tried to warn Colorado about blowout potential at Gold King Mine

New records show the agency was keenly aware of potential blowout danger at the mine


The portal of sorrow at the Gold King Mine. Photo courtesy EPA.

*Story corrected Aug. 22 at 12:02 a.m. in paragraph 5. Colorado and Utah attorneys general are taking aim at the EPA, not the Colorado and Utah governors.

By Bob Berwyn

FRISCO — The EPA knew there was potential for a dangerous blowout at the Gold King Mine at least since the summer of 2014, when the agency issued a Task Order Statement of Work.

In the July 25, 2014, order, the EPA wrote that conditions at the “Gold King Mine present an endangerement to human health and the environment and meet the criteria for initiating a removal action …”

Just more than a year later, the mine spilled about 3 million gallons of water tainted with arsenic, zinc, manganese, cadmium and lead. Concentrations of some pollutants spiked to many times the level deemed toxic for fish and other aquatic life.

New information about what the EPA was doing when its contractors accidentally breached a rubble dam to trigger the spill are detailed in documents the agency publicly released last week.

The EPA published the documents in an effort to respond “to concerns and to evaluate impacts to water and sediment that may have been contaminated by the Gold King Mine release,” according to this agency web page.  the Denver Post reported that the Republican attorneys general of Colorado and Utah — apparently on a politically motivated EPA witch hunt — alleged that the EPA has withheld information about the mine.

“Given the experience with the August 5, 2015 blow out from pressurized water at the Gold King Mine, additional work is needed to ensure there are no more blockages holding back water which could contribute to future surges of contaminated water. The EPA and State responders have begun these efforts, but they have not yet been completed,” the agency wrote.

The work that was being done when the water surged out of the mine was aimed at relieving pressure buildup from historic construction operations at the interconnected mines by the previous mining operator. Among other things, the contractors working for the EPA were trying to improve site access, stabilize the mine structure and control water and metals.

The work order also describes previous work done by the Colorado Division of Reclamation, Mining and Safety, including trying to stabilize the existing opening to allow mine water drainage

The work order states that the existing conveyance channel shall be protected and maintained during the work.

“If it becomes necessary to remove these drainage features, then suitable measures must be installed to control flows during the work. A replacement conveyance system is required to be installed after the portal and underground work are completed,” according to the work order.

In a key passage, the work order describes what the EPA had in mind with future work:

“It is proposed to re-open the Gold King Mine portal and workings to investigate the conditions to assess the on-going releases. This will require the incremental de-watering and removal of such blockages to prevent blowouts. The work is intended to take place in September-October, 2014. In addition, the secondary purpose of the work is to attempt to identify and characterize specific water flows into the mine and evaluate potential means to mitigate those flows if possible.”

A key focus of the work was to repair the portal in order to try and control what the EPA knew to be a potentially disastrous surge of polluted water:

“In addition, specify the anticipated approach for removing overburden, debris and re-establishing a safe structure that can be used for entry and egress and secured when not in use. This includes installing a portal gate with a secured locking system …

“Measures will be taken to control water and metal precipitate sludge and sediment that are impounded behind any blockage at the portal or in the mine. This will include the treatment of surge water discharge as necessary to prevent an uncontrolled release and impact to surface water.”

The EPA also knew that the water at the Gold King Mine would have to be treated at some point:

“A temporary water retention and sludge management pond must be prepared and operated, as necessary, on site to manage mine water and sludge removed from the adit. This will be used to manage impounded mine water and base flows and metal precipitate sludge from the mine workings during theconstruction activities.”

The second key document released by the EPA is a May 2015 Action/Work Plan which names ENVIRONMENTAL RESTORATION, LLC as the contractor. The plan outlines the scope of work and the operational approach.

In a background section, the agency once again detailed historic conditions at the mine that likely primed the site for the toxic surge on Aug. 5 this year, clearly recognizing the potential for a disastrous blowout:

The Gold King Mine has not had maintenance of the mine working since 1991, and the workings have been inaccessible since 1995 when the mine portal collapsed. This condition has likely caused impounding of water behind the collapse. In addition, other collapses within the workings may have occurred creating additional water impounding conditions. Conditions may exist that could result in a blow-out of the blockages and cause a release of large volumes of contaminated mine waters and sediment from inside the mine, which contain concentrated heavy metals.

The Scope of Work section says that the contractor was to remove material covering the adit, which is probably what was being done when the mine spilled its guts.

Read all the EPA’s posted documents here: http://www2.epa.gov/goldkingmine/epa-posts-gold-king-mine-file-documents

EPA Action/Work Plan


Gold King Mine Task Order Statement of Work

Gold King Mine spill investigations start


What really happened at the Gold King Mine? Photo via EPA.

EPA expects to have some answers within 60 days

Staff Report

FRISCO — Responding to congressional requests for an investigation into the Gold King Mine spill that fouled hundreds of miles of the Animas and San Juan rivers with toxic pollutants, the EPA’s Office of Inspector General this week announced that it will launch a full review of the disaster.

On Aug. 5, workers at the mine near Silverton triggered the release, sending about 3 million gallons of water laden with arsenic, cadmium, lead, and mercury surging downstream.

According to the official notice on the investigation, the OIG’s Office of Program Evaluation, Office of Audit, and Office of Investigations will all be involved.

And as pledged by EPA chief Gina McCarthy, there will also be an outside review, led by the U.S. Department of the Interior, aimed at assessing the factors that led to the Gold King Mine spill. According to the EPA, the results will be released to the public within 60 days.

In a prepared statement, the EPA said the goal of the independent review is to provide EPA with an analysis of the incident that took place at Gold King Mine, including the contributing causes.

Both investigations will help inform ongoing and planned site assessments, investigations, and construction or removal projects.

Climate: EPA seeks to cut landfill methane emissions


Cutting methane emissions is a key piece of the Obama administration’s climate strategy.

Cost of new regs estimated at $55 billion

Staff Report

FRISCO — Oil and gas drilling aren’t the only sources of methane. Landfills generate a significant amount of the heat-trapping gas as waste materials decompose in the ground. Now, the EPA wants to reduce those emissions amount by a third with a rule that would require landfills to collect and control methane.

According to the agency, municipal landfills are the third-largest source of methane, accounting for 18 percent of methane emissions in 2013 – the equivalent of approximately 100 million metric tons of carbon dioxide pollution. Continue reading


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