Watch out carmakers - CARB is coming after you (and your pocketbooks)!

The California Air Resources Board warned automakers today that it will not tolerate any more emission control bypass shenanigans similar to what Volkswagen, Audi, Porsche, and most recently, Mercedes Benz-Daimler have done.

As you may recall, CARB and the USEPA issued fines and other penalties in the billions of dollars after discovering that many vehicles were purposely designed to bypass state and federally required emission controls unless an emissions compliance test was being performed.

Photo Credit: Ruben de Rijcke / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0)

In September of 2015, CARB sent a letter to all automakers asking them to voluntarily disclose any such systems they may not yet have reported. Apparently not satisfied with the response, CARB issued another warning today threatening severe repercussions if it or EPA, utilizing new laboratories and testing equipment, discover violations that have not been reported.

Here is an excerpt from today's letter, in which CARB expressed its dissatisfaction with the small response:

"On September 25, 2015, the California Air Resources Board (CARB) wrote light-, medium-, and heavy-duty vehicle and engine manufacturers to remind them to properly disclose all auxiliary emission control devices (AECDs) at the time of certification. That letter also informed manufacturers of CARB’s intent to begin using then newly-developed screening tests in CARB’s In-Use Compliance Program, in addition to standard certification emission test cycles, to identify unapproved AECDs and defeat devices, the discovery of which would subject the manufacturer to penalties and remedial measures. The goal of that letter was clear: for manufacturers to proactively inform CARB of undisclosed software devices and reintroduce a level of trust and forthrightness into the certification process."

"While a handful of manufacturers stepped forward over the last five years, the vast majority did not. As promised in 2015, CARB moved forward with expanded testing programs and a suite of newly developed techniques to detect unauthorized AECDs and defeat devices in diesel engines." 

"This situation will not continue--It is a clear violation of public health to pollute the air with illegal devices, and it undermines the essential trust that has supported the certification program for decades. CARB is therefore now writing to you again to encourage voluntary disclosure of any potential violations with respect to these and other applicable regulatory requirements. Voluntary disclosure will trigger a reduction in penalties; failure to do so may affect the result of future enforcement actions involving your company when CARB’s new techniques – and its new state-of-the-art testing laboratory opening in 2021 – inevitably detect any violations you may have. "

EPA and US Customs stops shipment of illegal anti-virus disinfectants from Asia

The United States Environmental Protection Agency (EPA) and U.S. Customs and Border Protection (CBP) just announced that they have stopped more than 7,800 illegal health products from entering the Los Angeles International Airport (LAX) and the San Francisco International Airport (SFO). 

Photo Credit: EPA

The products, such as the item Virus Shut Out, are not registered with the EPA and are being halted because the products are illegal under federal law.

Their safety and efficacy have not been evaluated and their instructions for use are not in English, another legal requirement. Additionally, on-line advertising for the products contain misleading claims about their safety and how well they work. As a result, they could threaten public health, a critical consideration during the COVID-19 pandemic.

“EPA takes our responsibility to protect Americans from fraudulent products seriously,” said EPA Administrator Andrew Wheeler. “EPA is increasing the number of approved disinfectants on the market while taking action to prevent dishonest actors from selling fraudulent and illegal items that do nothing to protect Americans from the coronavirus.”

"It is critical that people only use EPA-registered disinfectants and follow label directions for proper use," said EPA Pacific Southwest Regional Administrator John Busterud. "EPA will not tolerate companies selling illegal disinfectants and making false or misleading public health claims during this pandemic crisis."

“In the midst of this worldwide emergency, there are still those that would seek to take advantage by making false claims, scamming, and selling inferior products,” said CBP’s San Francisco Director of Field Operations Brian J. Humphrey.  “CBP’s primary goal is to protect the American public, and we will not allow unauthorized products such as these to enter the country.”

Illegal disinfectants being sold on Facebook, Ebay, Alibaba, and other sites; EPA asks them to stop it

Region 9 of the U.S. Environmental Protection Agency (EPA) today announced that it has advised several San Francisco Bay Area tech firms that their platforms are being used to sell illegal disinfectants.

Photo Credit: Centers for Disease Control and Prevention

In separate letters to Facebook, Ebay, Alibaba, Shopify, Qoo10, JoyBuy.com, Wish.com, and banggood.com, EPA advised the firms that companies are using them to market Coronavirus disinfectants and antimicrobials that do not comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

The products are marketed as being able to control, prevent, destroy, repel, or mitigate the Coronavirus, however, they are unregistered as required by law and appear to be making false or misleading claims. As a result, federal law forbids their distribution and sale in the United States.

“EPA takes our responsibility to protect Americans from fraudulent surface disinfectants seriously,” said EPA Administrator Andrew Wheeler. “Earlier this month I met with online retailers and third-party platforms to ask for their help in preventing these impostor products from coming to market. Today, we are advising eight companies to take action against these dishonest dealers and immediately take these illegal products off of their sites.”

“Unregistered disinfectants can put consumers at risk, as they may be ineffective against the virus that causes COVID-19,” said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “EPA is working hard to stop the sale of these illegal products. We also urge consumers to see EPA’s list of approved disinfectant products, available on our website at epa.gov/coronavirus.”

“EPA is vigorously investigating fraudulent disinfectant sales to the public via online marketplaces,” said EPA Region 9 Administrator John Busterud. “Companies cannot sell illegal disinfectants and jeopardize our collective efforts to protect public health.”

For a complete list of EPA approved disinfectants: EPA-registered disinfectant products

EPA Region IX transferring over 1,100 N-95 face masks to California OES

The Pacific Southwest Region (Region IX) of the United States Environmental Protection Agency (EPA) announced that it has transferred more than 1,100 N-95 face masks to California's Office of Emergency Services (OES).

Typical N-95 Face Mask

Photo Credit: USEPA 

The transfer is part of EPA's continuing review of its inventory of personal protective equipment (PPE). In addition, EPA is currently developing a plan to donate more equipment to state and local agencies nationwide that are dealing with the COVID-19 pandemic.

“EPA is working hard to support our nation’s first responders as they risk their own safety to save lives during the coronavirus pandemic,” said EPA Administrator Andrew Wheeler. “After searching our inventory of personal protective equipment, we identified excess supplies and sent them to those on the frontlines of this fight. At EPA we are here to help in any way we can and I encourage everyone else to do the same.”

“We are doing all we can to support our state and local partners as they address this pandemic in our communities,” said EPA Pacific Southwest Regional Administrator John Busterud. “We don’t maintain large supplies, but we want to ensure that anything we can spare goes to the frontline responders who need it the most.”

Such equipment is used by EPA personnel for laboratory, inspection, and emergency response functions.

EPA relaxes regulations for COVID-19, but, it's not what many news outlets are reporting

The United States Environmental Protection Agency (EPA) just announced a temporary enforcement discretion policy as a result of the COVID-19 pandemic.

Photo Credit: EPA website

The new policy is not, we repeat, IS NOT a repeal of existing environmental regulations that would allow regulated industries and other entities carte blanche to operate their equipment and processes in violation of their permits and regulations.

Several news outlets have reported otherwise, including statements from former EPA employees that are flat out wrong and totally misrepresent what EPA has done.

What the policy does do, however, is relax civil penalties in the event that an operator cannot meet certain monitoring, record-keeping, storage, operational, and other requirements during the pandemic. In order to utilize this policy, the operator must do the best it can to continue operating in compliance AND it must demonstrate and document legitimate reasons related to COVID-19 that caused it to operate out of compliance.

One such example would be a requirement to conduct quarterly or yearly source testing by a certain date or frequency. Most companies are required as part of their permits to utilize third-party, independent testing companies to perform these and other tests. If during the pandemic, the testing lab closed down or was otherwise unable to provide its employees to perform the test, the affected company would find itself technically in non-compliance with environmental regulations, EVEN THOUGH THE EQUIPMENT THAT NEEDED TO BE TESTED WAS OPERATING NORMALLY AND IN COMPLIANCE WITH ITS EMISSION LIMITS.

"EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements," said EPA Administrator Andrew Wheeler. "This temporary policy is designed to provide enforcement discretion under the current, extraordinary conditions, while ensuring facility operations continue to protect human health and the environment."

For a complete explanation of what EPA has done, please check the following links:

EPA Announces Enforcement Discretion Policy for COVID-19 Pandemic

EPA Policy on Enforcement during the COVID-19 outbreak

EPA Cornoavirus Website

Here's a USEPA approved list of disinfectants to use against the Coronavirus

The United States Environmental Protection Agency (USEPA) has just announced the release of a list of EPA-registered disinfectants that may be used against SARS-CoV-2, the coronavirus that causes COVID-19.

Photo Credit: CDC Center for Disease Control and Prevention 

As you may know, California's Governor Gavin Newsome declared a state of emergency this past Wednesday as a result of the coronavirus outbreak in the state. 

“Using the correct disinfectant is an important part of preventing and reducing the spread of illnesses along with other critical aspects such as hand washing,” said EPA Administrator Andrew Wheeler. “There is no higher priority for the Trump Administration than protecting the health and safety of Americans. EPA is providing this important information in a public and transparent manner on disinfectant products to help reduce the spread of COVID-19.”

Some of the disinfectants appear to be products commonly found in grocery stores and other retail markets, including products made by Clorox, Lysol, and Purell, among others.

The EPA approved list may be found at this link: 

List N: Disinfectants for Use Against SARS-CoV-2

CARB Chair responds to another Trump directive

The California Air Resources Board (CARB) Chairwoman, Mary Nichols, responded today to a new Presidential directive that she claims will weaken air pollution control efforts and threaten the public's health.

Mary Nichols

Photo: CARB

The Presidential Memorandum, which was issued yesterday by President Trump. directs the U.S. Environmental Protection Agency (EPA) to speed up the review of permit applications, air quality plans, and other areas to streamline and make more efficient a variety of air pollution programs, policies, and procedures.

In the Memorandum, President Trump asserts that existing EPA requirements and procedures have resulted in "unnecessary impediments to new manufacturing and business expansion essential for a growing economy."

In response, Nichols said, “This order caves to a minority of industries who claim Clean Air Act standards are too strict, too costly and too burdensome. The truth is a large body of research shows the Clean Air Act dramatically improves public health, especially among our most vulnerable populations. The consequences of inaction are irresponsible -- unhealthy people, shortened lives, and greater demands on our health care system.”

CARB chair fires back at Trump's EPA, vows to hold automakers to tighter emission standards

California's top air pollution regulator fired back at the Trump administration's EPA today over the latter's plans to weaken air pollution standards for cars and light trucks, model years 2022 - 2025.

Mary D. Nichols, CARB Chair

Photo: California Air Resources Board

Mary D. Nichols, Chair of the California Air Resources Board (CARB) issued the following statement:

“This is a politically motivated effort to weaken clean vehicle standards with no documentation, evidence or law to back up that decision. This is not a technical assessment, it is a move to demolish the nation’s clean car program. EPA’s action, if implemented, will worsen people’s health with degraded air quality and undermine regulatory certainty for automakers. 

This decision takes the U.S. auto industry backward, and we will vigorously defend the existing clean vehicle standards and fight to preserve one national clean vehicle program. 

Meanwhile, today’s decision changes nothing in California and the 12 other states with clean car rules that reduce emissions and improve gas mileage—those rules remain in place. California will not weaken its nationally accepted clean car standards, and automakers will continue to meet those higher standards, bringing better gas mileage and less pollution for everyone.” 

Trump's War on the Environment begins with an Executive Order to end Obama's Clean Power Plan and other environmental protections

As promised to his many followers, particularly coal miners who cling to the belief that their jobs depend upon it, President* Donald Trump signed an executive order today that aims to undo many of the environmental protections implemented and/or planned for by the previous Obama administration.

Video Credit: The White House

The main target is Obama's Clean Power Plan, which would reduce the nation's dependence upon coal fired power plants even more than current economic conditions (cheap natural gas, increased usage of renewable energy sources, energy efficiency, etc.) are already doing.

Trump and his supporters claim the new executive order will result in more jobs for those in the energy industry, particularly coal miners. The latter group was represented by several miners at the signing who stood behind Trump as he signed the measure.

Additionally, the new order will open up federal lands to coal mining, eliminate requirements to reduce methane emissions from oil and gas production facilities, and reduce the importance of climate change impacts on permitting decisions.

The ball is now in the court of environmentalists, the alternative energy industry, and individual states who will be impacted by the potential increase in emissions and environmental degradation expected.

California draws a line in the sand for Trump, Pruitt, and the new EPA

Our apologies for not having posted recently, but, we were in Palm Springs playing in an international team tennis tournament as well as attending some of the action at the BNP Paribas Open Tennis Championships at Indian Wells, CA.

Anyway, a lot has happened recently in the environmental world. One of the more significant is the response from California authorities to the efforts of the Donald Trump administration to effectively dismantle the EPA and roll back environmental regulations.

photo credit: St. Germaine / Marlene Swetlishoff/Tsu-tana, The Rainbow Scribe

Recent actions by the California Air Resources Board (ARB) demonstrate clearly that whatever Trump and his new EPA chief, Scott Pruitt, try to do to weaken environmental rules, California is drawing a line in the sand and effectively challenging them to a fight.

Here are a few links that clearly show the differences between the new feds and California:

CARB finds vehicle standards are achievable and cost-effective

CARB votes to move forward with greenhouse gas reductions and zero emission programs through 2025; action sets the table for accelerating programs post-2025

CARB approves rule for monitoring and repairing methane leaks from oil and gas facilities

Regulation applies to natural gas pipeline equipment and storage facilities

CARB approves broad plan for reducing climate “super pollutants”

Reductions in short-lived climate pollutants enhance 2030 climate efforts

CARB establishes next generation of emission controls needed to improve state’s air quality

Today the California Air Resources Board approved two critical efforts to provide cleaner air for all Californians.  

In the first action, the Board approved the State Strategy for the State Implementation Plan (State SIP Strategy), which describes CARB’s commitment for further reducing vehicle emissions needed to meet federal air quality standards over the next 15 years. The Board also approved the South Coast Air Quality Management District’s comprehensive air quality plan.

The Board also directed staff to report annually on progress on implementation of the SIP Strategy including recommendations on additional funding as well as direction to expedite implementation where possible. 

In parallel to actions at the state level, CARB will continue to call for strong federal action to develop more stringent engine standards for cars, trucks, ships, aircraft and locomotives. 

EPA's final fracking report unable to calculate severity or frequency of drinking water contamination

The United States Environmental Protection Agency (EPA) today issued it's final report on the impacts of hydraulic fracturing on drinking water supplies. Although the report identifies several areas of concern in the "fracking" process with the potential to cause problems, EPA was unable to conclusively characterize the severity or frequency of fracking impacts on drinking water.

The tone of the final report appears to be less dismissive of fracking concerns as the previous EPA "draft" report seemed to be. However, although it gives detailed information about potential vulnerabilities to drinking water resources, EPA said it was not designed to document specific impacts that have occurred.

Nevertheless, the latest findings are sure to do nothing to lessen the debate between those who favor the practice and those who vehemently oppose it.

"The value of high quality science has never been more important in helping to guide decisions around our nation’s fragile water resources. EPA's assessment provides the scientific foundation for local decision makers, industry, and communities that are looking to protect public health and drinking water resources and make more informed decisions about hydraulic fracturing activities,” said Dr. Thomas A. Burke, EPA's Science Advisor and Deputy Assistant Administrator of EPA's Office of Research and Development. "This assessment is the most complete compilation to date of national scientific data on the relationship of drinking water resources and hydraulic fracturing."

Hydraulic fracturing is a process that involves injecting large volumes of water and chemicals into oil and gas containing formations underground to break or "fracture" those formations to facilitate the production of oil and natural gas that might not otherwise be recoverable. 

Critics have claimed the practice is unsafe and should be banned everywhere, pointing to examples of drinking water wells contaminated with methane gas and other harmful chemicals, as well as the increased frequency of earthquakes that they claim is the result of fracking.

Supporters have pointed to a fracking history of over 40 years that has shown little, if any, of the problems critics describe in the overwhelming majority of sites that have been fracked.

The new report looked at every step of the hydraulic fracturing process, including some areas that arguably are common oil & gas industry practices for non-fracked wells. These include:

(1) Acquiring water to be used for hydraulic fracturing (Water Acquisition),

(2) Mixing the water with chemical additives to make hydraulic fracturing fluids (Chemical Mixing),

(3) Injecting hydraulic fracturing fluids into the production well to create and grow fractures in the targeted production zone (Well Injection), 

(4) Collecting the wastewater that returns through the well after injection (Produced Water Handling), 

(5) Managing the wastewater through disposal or reuse methods (Wastewater Disposal and Reuse).

According to the Executive Summary in EPA's latest report, the agency's review of peer reviewed scientific data led it to identify those areas in which impacts from hydraulic fracturing activities CAN be more frequent or severe, including:

• Water withdrawals for hydraulic fracturing in times or areas of low water availability, particularly in areas with limited or declining groundwater resources;
• Spills during the management of hydraulic fracturing fluids and chemicals or produced water that result in large volumes or high concentrations of chemicals reaching groundwater resources;
• Injection of hydraulic fracturing fluids into wells with inadequate mechanical integrity, allowing gases or liquids to move to groundwater resources;
• Injection of hydraulic fracturing fluids directly into groundwater resources;
• Discharge of inadequately treated hydraulic fracturing wastewater to surface water resources; and
• Disposal or storage of hydraulic fracturing wastewater in unlined pits, resulting in contamination of groundwater resources.

For more information:  

EPA Final Fracking Report Fact Sheet, 

Final Report

Millions appalled as Trump nominates oil industry lackey, Oklahoma Attorney General Scott Pruitt, to head agency

Follow the money. For those who think our government is for sale, recent actions by our future President have done little to allay those fears.

The health and welfare of millions of Americans is about to take another hit with the news that President-elect Donald Trump has nominated Scott Pruitt to lead the Environmental Protection Agency (EPA).

Photo: Scott Pruitt, www.ok.gov website. Fair use

Pruitt is the Attorney General for Oklahoma and for several years, with the backing of hundreds of thousands of dollars from the oil industry, has fought to prevent new EPA regulations from being implemented, particularly those that address man-made climate change.

Pruitt is a climate change denier and seemingly does whatever the fossil fuel industry asks him to do. Correspondence protesting environmental regulations sent on his letterhead to government agencies and officials, under his signature, has reportedly been actually written by energy industry lobbyists. These include letters to EPA, the Department of the Interior, and President Obama, among others.

Coupled with the previous announcement that the notorious global warming skeptic Myron Ebell will be leading Trump's effort to revamp federal agencies that deal with environmental issues, this latest nomination has raised a firestorm of protest among environmentalists.

Gene Karpinski, president of the League of Conservation Voters said that having Pruitt lead the EPA is "...like the fox guarding the henhouse."

Said Earthjustice President Trip Van Noppen, "Every American should be appalled that ...Trump just picked someone who has made a career of being a vocal defender for polluters to head our Environmental Protection Agency."

EPA and DOT adopt new heavy duty engine program of standards that will pay for itself in two years through fuel savings

The United States Environmental Protection Agency (EPA) and Department of Transportation (DOT) today announced new and more stringent requirements for medium- and heavy-duty vehicles. The new rules will reduce CO2 emissions by over 1 billion metric tons and result in fuel savings for vehicle owners significant enough to recoup their investment in the new technology in less than 2 years.

Video: USEPA, Standard YouTube License, Fair Use

The fuel savings amount to over 2 billion barrels of oil, equivalent to about $170 billion. In addition, the net benefit to society is estimated to be $230 billion, a benefit-to-cost ratio of nearly 8:1.

“The actions we take today on climate change will help lessen the impacts on future generations,” said EPA Administrator Gina McCarthy. “This next phase of standards for heavy- and medium-duty vehicles will significantly reduce greenhouse gas emissions while driving innovation, and will ensure that the United States continues to lead the world in developing fuel-efficient technologies through the next decade and beyond.” 

“Today’s ambitious but achievable announcement is a huge win for the American people, giving us cleaner air, more money saved at the pump, and real benefits for consumers across the supply chain,” said Transportation Secretary Anthony Foxx. “Today’s action preserves flexibility for manufacturers to deliver on these objectives through a range of innovations and technology pathways.”

For more information, click on the video above or the following link: EPA & DOT medium- and Heavy-Duty vehicle Standards

Porsche part of vehicle emission control scandal, ARB and EPA charged today

"Porsche, There is no substitute!"

http://www.examiner.com/article/porsche-part-of-vehicle-emission-control-scandal-arb-and-epa-charged-today

USEPA to expand testing for defeat devices on any vehicle because of VW scandal

http://www.examiner.com/article/usepa-to-expand-testing-for-defeat-devices-on-any-vehicle-because-of-vw-scandal

ARB plans new tests for all car brands because of VW emissions scam

http://www.examiner.com/article/arb-plans-new-tests-for-all-car-brands-because-of-vw-emissions-scam

Volkswagen caught programming cars to shut down emission controls when driven

Unfriggingbelievable!!!

http://www.examiner.com/article/volkswagen-caught-programming-cars-to-shut-down-emission-controls-when-driven

EPA officially orders Plains All American Pipeline to clean up Refugio oil spill

Today the United States Environmental Protection Agency (EPA) and the U.S. Coast Guard officially ordered Plains All American Pipeline to clean up the Refugio Beach oil spill caused by a failure of its nearby pipeline. The joint order, authorized under the Clean Water Act, serves to ensure that Plains will continues its work inland, on the beach, and in the ocean, to contain the oil and prevent further shoreline contamination. The order establishes federally enforceable timelines and cleanup requirements for the long-term response action that will be required.

Read more at the link below:

http://www.examiner.com/article/epa-officially-orders-plains-all-american-pipeline-to-clean-up-refugio-oil-spill

Hazardous Waste facility facing APCD hearing for air permit renewal

APCD holding a hearing for Chem Waste Management's Title V air permit renewal for Kettleman Hills Haz Waste facility. Read more about this somewhat unusual hearing at the link below:

Hazardous Waste facility facing APCD hearing for air permit renewal