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  • EPA issues rule to reduce water pollution from construction sites

    Source: US EPA – Environmental Protection Agency
    Nov. 24, 2009
    The U.S. Environmental Protection Agency has issued a final rule to help reduce water pollution from construction sites. The agency believes this rule, which takes effect in February 2010 and will be phased in over four years, will significantly improve the quality of water nationwide.

    Construction activities like clearing, excavating and grading significantly disturb soil and sediment. If that soil is not managed properly it can easily be washed off of the construction site during storms and pollute nearby water bodies.

    The final rule requires construction site owners and operators that disturb one or more acres to use best management practices to ensure that soil disturbed during construction activity does not pollute nearby water bodies.

    In addition, owners and operators of sites that impact 10 or more acres of land at one time will be required to monitor discharges and ensure they comply with specific limits on discharges to minimize the impact on nearby water bodies. This is the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges.

    Soil and sediment runoff is one of the leading causes of water quality problems nationwide. Soil runoff from construction has also reduced the depth of small streams, lakes and reservoirs, leading to the need for dredging.

  • Do Title Companies disclose Environmental Liens on a Title Policy?

    I was recently asked by a client if title companies disclose environmental liens or cover them on title insurance policies. I offer the following and this supports the need to include environmental liability insurance as part of your real estate purchasing strategy.

    Title Companies provide Title Policies for Lender Liability for Environmental Liens per ALTA Policies 8.1 (for residential) and 8.2 (for commercial). These endorsements do not provide coverage for environmental protection. These endorsements provide affirmative coverage that no document in the public records discloses an environmental lien or notice of enforcement of a lien.

    • ALTA® Endorsement Form 8.1-06 Environmental Protection (effective 06-17-06) [S]
    • ALTA® Endorsement Form 8.2-06 Commercial Environmental Protection Lien (effective 10/16/08) [S]

    The risks of missing an environmental lien can be costly to a purchaser, in that the cleanup can exceed property values, whereas the Title Insurance only covers the unpaid balance of loans. It does not protect for potential cost above and beyond the loan.

    Neither 8.1-06 and 8.2-06 disclose historical (satisfied) environmental liens. Therefore, they do not satisfy requirements for the search of environmental liens for an innocent landowner, contiguous property owner or bona fide prospective purchaser for liability protection under the Superfund Environmental Response, Compensation, and Liability Act (CERCLA) “Standards and Practices for All Appropriate Inquiries” (40 CFR Part 312) or ASTM’s revised Phase I environmental site assessment standard (ASTM E 1527-05).”

    PROPERTY TRANSFER COVERAGE

    When buying or selling property their can be unknown preexisting environmental
    conditions. Since environmental due diligence (All Appropriate Inquiry (AAI), a Phase
    I or Phase II survey, Baseline Environmental Assessment (BEA)….), cannot guarantee
    uncovering all potential environmental liabilities, insurance companies have created
    property transfer insurance. This coverage protects the new owner or any party with an
    insurable interest, against unknown environmental conditions that may be discovered
    during the policy period, that were not caused by the new owner.

    This coverage not only helps to keep the property at its maximum value, it will assist the purchaser in being able to secure the necessary financing to complete their transaction.

    Real estate owners and developers who use this product as part of their risk transfer strategy often find they can negotiate with the seller to share the cost and negotiate a better mortgage rate than if they did not have property transfer coverage. You can cover multiple locations on a single policy.

  • Organizations Sign MOU to Monitor Dental Amalgam Discharge Reduction Program

    environmental Strategist between the lines: Mercury pollution is just one of the many environmental exposures faced by dental professionals. As the article below points out dental professionals are expected to be more environmentally transparent in their business operations and the American Dental Association agrees.

    The article talks about amalgam separators. In case you are not aware, Amalgam is a commonly used dental restorative material used for dental fillings which has been used for over 150 years. It contains a mixture of mercury with at least one other metal. Amalgam separators are devices designed to remove amalgam waste particles from dental office wastewater. Amalgam waste particles can be suctioned into the dental unit vacuum line and discharged into the public sewer system.

    The effort to reduce amalgam waste discharge from the dental office is the result of increasing pressure facing local wastewater treatment plants to reduce the concentration of mercury in effluent from their plants and the concentration of mercury in sludge. The ADA’s Best Management Practices for amalgam waste include the use of amalgam separators. Although there is no national regulation requiring the installation of amalgam separators in U.S. dental offices, state and local requirements exist in some areas. Check with your state or local dental society to see if any requirements exist in your area.

    Organizations Sign MOU to Monitor Dental Amalgam Discharge Reduction Program

    Program to reduce mercury pollution will establish performance goals and track how many dental offices install and use amalgam separators

    December 30, 2008

    The U.S. Environmental Protection Agency’s (EPA) Office of Water signed a Memorandum of Understanding (MOU) with the American Dental Association (ADA) and the National Association of Clean Water Agencies (NACWA) on Dec. 29, 2008, to establish and monitor the effectiveness of a Voluntary Dental Amalgam Discharge Reduction Program.

    “This agreement will help prevent toxic pollution and track environmental progress,” said Assistant Administrator Benjamin H. Grumbles. “EPA appreciates the cooperation of dental professionals and wastewater utilities in reducing mercury discharges into sewers and watersheds. We look forward to continued progress with other partners and co-regulators, as well, on the many aspects and challenges of mercury pollution.”

    The purpose of this MOU is to have dental offices install and properly maintain amalgam separators, and recycle the collected amalgam waste. The program will also establish performance goals, and track the percentage of dental offices that install and use amalgam separators. There has been progress to reduce the discharge of mercury into Publicly Owned

    Treatment Works from dental offices, but much more can be done through collaboration, innovation and technology. This collaborative effort among EPA, ADA and NACWA will help build awareness and stress the importance of prevention at the local, state, tribal and national levels.

    Source: EPA December 30, 2008

  • Americas crumbling infrastructure

    The History Channel has a program they are showing about Americas crumbling infrastructure. I recommend watching if you work with governments, contractors, utilities, manufacturers, transporters, aviation….

    Just a few points that caught my attention on the not so obvious environmental exposures due to the Crumbling of America.

    1. Each year there are 240,000 water main breaks in the United States.
    2. Cities loose any where from 10 to 40% of their drinking water to leakage. New York City consumes 1,200,000,000 gallons of water a day. Leaks in the Cities water system causes them to loose 30,000,000 to 40,000,000 gallons of water per day. Warwarsing, NY is a community impacted by the city of New York’s water leakage where leaking water from the city’s aqua duct is rising to the surface, causing floods, sink holes, sewer backups, goes through septic fields causing septage migration and much more. Water leakage can create or exacerbate an existing environmental problem. Sewer back ups, vapor intrusion, structural deterioration…. Cities routinely issue water drinking restriction due to water main breaks to protect people from predominately microbes.
    3. There are 80,000 dams in the United Sates, 14,000 of those dams are classified by the government as unsafe.
  • Sludge, farmers friend or toxic slime?

    Crap Happens

    Three hundred million Americans head to the restroom multiple times a day. The amount of sludge produced staggers the mine—7 million dry tons per year and counting. And it’s not even just crap—it contains residues from everything else we put down the drain, from the detergent in your dishwasher to the chemicals used at the industrial plant down the street.

    Can the United States continue to flush all that waste down the drain? Can Western-style sanitary practices be replicated throughout the developing world without breaking the natural water and nutrient cycles? And what if the answer is that each one of us needs to start taking more responsibility for where our crap winds up? It ain’t easy being green as it is, but even the most diehard enviros may not be ready to live under the same roof with a composting toilet.

    Journalist Catherine Price, a contributing editor at Popular Science and a 2008 Middlebury Fellow in Environmental Reporting, gives a crap about crap. Over the course of three days, she’ll take Grist readers on a guided tour through the bowels of sewage. So grab some extra toilet paper and get ready for some straight poop on poop.

    Sludge, farmer’s friend or toxic slime?

    Should what we put down our sewers ultimately wind up back on our plates? Marc Samsom via Flickr

    Urine, feces, menstrual blood, hair, fingernails, vomit, dead skin cells. Industrial chemicals, pharmaceuticals, soaps, shampoos, solvents, pesticides, household cleansers, hospital waste.

    Sewage sludge, the viscous brown gunk left over when wastewater is treated, is more than just poop: it’s an odiferous smoothie of everything we pour down the drain. There are pathogens; there are heavy metals. PCBs, dioxins, DDT, asbestos, polio, parasitic worms, radioactive material—all have been found in sludge. Despite pretreatment programs that prevent some of the most noxious stuff from entering the public sewers, sludge can include so many toxins that the Clean Water Act lists it as a “pollutant.

    So it’s a little surprising where it ends up: Today more than half of America’s sewage sludge is spread on land as fertilizer.

    Granted, this isn’t a new idea. For most of human history, our crap has ended up back on land—and it wasn’t until the past century, which brought flush toilets and public sewers to mainstream America, that using excrement as fertilizer started sounding at all strange. Sure, this system was driven partially by convenience, but it also made ecological sense: our urine and feces contain the same nutrients that plants need. Spreading it on land closes the nutrient loop; it avoids the need for chemical fertilizers. Eat, shit, fertilize, and eat again. For thousands of years, this arrangement worked just fine.

    Or, rather, almost fine. As human populations grew and concentrated, health problems like cholera outbreaks inspired a push for flush toilets and public sewer systems. This led to huge improvements in public health, but resulted in a new problem: sewers mixed domestic sewage with industrial waste and spewed it untreated into rivers and lakes. The next step was sewage treatment plants, which separated liquids from solids, but in solving one issue they created yet another: the cleaner they made the water, the dirtier the leftover sludge. Adding to the challenge, as the population of the United States grew, so did the amount of sludge: we’re currently generating more than 7 million dry tons a year and counting—and we have no intention of cutting back.

    Meanwhile, as a mycelium of sewer pipes spreads underneath our cities to whisk our waste away from us, Americans became increasingly squeamish about dealing with excrement. We’re now a nation of “fecaphobes,” obsessed with toilet humor but unaware and uninterested in what happens to our actual crap. We don’t want to think about it; we don’t want to deal with it. We want to flush the toilet and forget.

    Sludge from Los Angeles is dumped at Green Acres, a Los Angeles-owned farm in Kern County, California.Courtesy Bakersfield Californian. The Office of Water doesn’t have the privilege of forgetting about sludge—it’s the Environmental Protection Agency department responsible for dealing with America’s sewage. In the 1990s its job got even harder: sewers and wastewater treatment facilities mandated by the 1972 Clean Water Act more than doubled the amount of sludge America produced each year, and the 1988 Ocean Dumping Act eliminated the option of getting rid of it at sea. The OW had been encouraging land application on a limited scale since the 1970s. Now, faced with limited options and a never-ending supply, it evaluated its remaining possibilities—landfilling, incineration, or land application—and settled on the cheapest option available: promoting sludge as fertilizer.

    To make this palatable to the American people—or, at least, to prevent them from thinking about it too hard—the word “sludge” had to go. So the sewage industry’s main trade and lobbying organization, the Water Environment Federation, stepped in. (WEF and OW often work closely together.) It organized a “Name Change Taskforce” and sponsored a contest to come up with a different term for sludge. Rebranding was an area in which WEF had experience—originally founded in 1928 as the brown-sounding “Federation of Sewage Works Associations,” it had recently gone through its fourth name change, and had begun referring to its members, who included sewage plant operators and waste management corporations, as “water quality professionals.”

    The renaming contest received over 250 entries, many of which suggested that even water quality professionals still enjoy a good poop joke. Submissions included “bioslurp,” “black gold,” “sca-doo,” “hu-doo,” “geoslime,” and “the end product”; one person proposed rebranding sludge as “R.O.S.E.” (“Recycling Of Solids Environmentally”). Critics asked whether a rose by any other name would still smell as bad, and in 1991 WEF settled on “biosolids,” a term that Sheldon Rampton, co-author of Toxic Sludge Is Good For You, suggests “must have been chosen precisely because it evokes absolutely nothing in the minds of people who hear it.”

    Of course, from the wastewater treatment industry’s perspective, that was the point: they didn’t want any visuals. Armed with an empty word, their next goal was to make “biosolid” suggest something positive. So in 1992, OW and WEF joined in a “cooperative agreement” called the Biosolids National Public Acceptance Campaign and hired a public relations and lobbying firm called Powell Tate to produce a report on how to improve the public image of sludge.

    The resulting campaign—“Biosolids 2000”—didn’t answer important questions, like why people living near biosolids application sites complained of health problems, or why current federal legislation still permits every business, institution and industry in the country to dump 15 kilograms (33 pounds) of untreated hazardous waste into the sewer system each month, no reporting required. It also failed to prevent 2000 and 2002 reports from EPA’s own Office of Inspector General from stating that “EPA cannot assure the public that current land application practices are protective of human health and the environment.”

    And yet partially because of OW and WEF’s PR efforts, partially because of our willful ignorance, the effort to rebrand sludge as biosolids has largely been successful. Although some is still incinerated or buried in landfills, today more than 50 percent of America’s sewage sludge is spread on land.

    Biosolid digesters at the Hyperion Treatment Plant in Los Angeles.Courtesy Brian RaimondiDiane Gilbert, a spokesperson for biosolids at the Hyperion Wastewater Treatment Plant in Los Angeles, is a water quality professional of the sort endorsed by the Powell Tate report. Her enthusiasm seems genuine, but like other biosolids spokespeople I interviewed, she is also a master at following the guidelines articulated in biosolids media training guides. [Sample tip: “If the reporter asks rapid fire (multiple questions), choose the easiest.”]

    Enthusiastic and bubbly, Gilbert grew up in Louisiana and has been at Hyperion since 1987. But Gilbert’s involvement with sewage sludge started even earlier; with a father who worked at a wastewater treatment plant and used sludge to fertilize the family’s garden, she considers herself a poster child for land application. “I’ve been eating food fertilized with biosolids for as long as I can remember,” she told me, after I’d returned from a tour of the plant. (Tip: “Encourage the reporter to meet you at a working location.”) “So if anyone should be affected by biosolids, it should clearly be me.”

    I’d come to Hyperion because I wanted to learn more about this mysterious brown substance—how it was made, how it was monitored, and how worried we should be. Eager to dispel my concerns about land application, Gilbert had originally wanted to take me to Green Acres, the 5,000-acre city-owned farm just outside of Bakersfield, where Los Angeles ships most of its treated sludge to grow various grass crops to be fed to dairy cows. (Tip: “Location visuals help enhance and give credibility to your message.”)

    Unfortunately, lawyers got in the way. Green Acres is in Kern County, and residents there don’t like the idea of being the recipients of Los Angeles’ crap. So, like an increasing number of communities across America, Kern County passed a ban on the land application of sewage sludge. Los Angeles responded by suing the county, and since the lawsuit is still pending, lawyers have gotten cagey about letting reporters visit the farm.

    Instead Gilbert and I grabbed sandwiches and headed for a darkened conference room at Hyperion, where Gilbert popped in a promotional movie about Green Acres. With a synthesized soundtrack reminiscent of the theme song for Doogie Howser, M.D., the movie opened with a picture of a field of wheat, its title superimposed in yellow bubbly script.

    “Imagine turning arid soil that can only grow tumbleweeds and sage brush into nutrient-rich soil that can grow crops for livestock,” said a male narrator, blessed with the voice of a 1950s public service announcer. “Imagine doing this without saturating the soil with
    chemicals.”

    He continued, smoothly substituting euphemisms for That Which Must Not Be Named: “Now imagine tons of treated primarily organic material from wastewater treatment plants being used to change the soil through its own nitrogen, phosphate, phosphorous and other natural ingredients.”

    The movie was titled, appropriately enough, “Imagine.” But instead of being a paean for peace, it invited me to imagine a world in which all of our “beneficial,” “nutrient-rich” biosolids were put to use as fertilizer—and followed a script that could have come directly from the Powell Tate report. I took a bite of my sandwich as the narrator dispelled concerns about using sewage sludge as a soil amendment. “There will always be skeptics who question the use of biosolids,” he announced, “just like there were skeptics who didn’t believe that people could fly—until the Wright Brothers proved them wrong.”

    Among many others, these skeptics include two unrelated Georgia dairy farmers, Andy McElmurray and Bill Boyce. Starting in 1979 and 1986 respectively, both began using free sludge as fertilizer on their farms, a practice the city of Augusta assured them was safe. But starting in the 1990s, problems arose: hundreds of the men’s cows died, McElmurray discovered his land was contaminated with aluminum, which he attributed to the sludge, and a 1999 test found that milk from some of Boyce’s surviving cows contained thallium an element once used as rat poison—at 120 times the concentration EPA allows in drinking water.

    Both farmers filed lawsuits against the city and in March 2008, U.S. District Judge Anthony Alaimo issued a 45-page ruling on one of McElmurray’s lawsuits that found that “senior EPA officials took extraordinary steps to quash scientific dissent, and any questioning of the EPA’s biosolids program.”

    And that’s just the cows. Today, 16 years after the official federal sludge rules came into effect in 1993, EPA still doesn’t have a system in place to monitor or investigate sludge-related health complaints. But in 2002, a team of researchers produced the first peer- reviewed article (whose findings were recently backed up in a separate study) to both document health complaints from people who’d been exposed to sludge and explain how this exposure might have made them sick.

    The long list of health problems reported by the study’s 48 participants includes asthma, fevers, nausea, vomiting, skin rashes, coughs, burning eyes and throats, sinusitis, and diarrhea. Two subjects died from Staphylococcus aureus infections acquired shortly after being exposed to freshly applied biosolids. (Interestingly, while EPA’s Office of Water—the department responsible for writing the sludge rules denies that these deaths were at all connected to biosolids exposure, EPA’s office of Research and Development approved the paper for publication and supported its conclusions.) When the researchers compared their subjects’ rate of staph infections to that of hospital patients, considered “a recognized risk group for S. Aureus,” the infection rate of the study’s subjects was approximately 25 times higher.

    According to EPA paperwork, the lead author of this study, David Lewis, Ph.D., resigned from EPA in 2003. Lewis, however, says he was essentially fired for speaking out on sludge—and his former lab director backs him up. She wrote in a 2008 statement that Lewis’s termination was “involuntary” and that Lewis “was an excellent researcher and an asset to EPA science.”

    Motivated by stories like these, several passionate groups—like Citizens for Sludge-Free Land, Sludge Victims and Riles (Resource Institute for Low Entropy Systems)—have dedicated themselves to fighting the land application of sludge. They run websites; they lobby politicians to try to change the rules. But as for the rest of Americans, the subject of sludge is still not something we dwell on.

    Unfortunately, as arguments and lawsuits against land application pile up—not to mention the sludge itself—our days of blissful ignorance might be limited. I’d come to Hyperion not just because it had occurred to me that we should be thinking about what happens to our sewage, but because I could see a day in the not-so-distant future when we’d be forced to.

    Given the inconsistency and toxicity of the ingredients in sludge, the loopholes in its regulations and the mounting criticisms against its use, I kept reaching the same conclusion: despite the Office of Water’s insistence on the safety of spreading sludge on land, we should be looking for alternatives. The United States will never stop producing shit. But there must be a better way to deal with it.

    Regulating biosolids

    Biosolids are regulated under what’s known colloquially (to those who speak colloquially about sewage) as the 503 Sludge Rule, which came into effect in 1993. Technically titled “40 CFR 503—Standards for the Use and Disposal of Sewage Sludge,” it’s complicated enough that EPA came out with a “Plain English” guide to help make sense of the rule’s requirements and details.

    It’s not light reading, so here are the basics: The most recent version of the 503 rule regulates seven heavy metals in sludge. It also divides biosolids into two categories for land application, Class A and Class B, based on the number of detectable pathogens that they’re allowed to contain.

    For biosolids to qualify as Class A, they have to be treated with a method that’s been shown to “persistently reduce pathogens in biosolids,” according to USDA agronomist Rufus Chaney, like composting or heat drying. The resulting material must contain non- detectable levels of fecal coliform or salmonella, enteric viruses and helminth ova (i.e. parasitic worms) according to EPA-specified testing methods.

    Class B biosolids must also be treated to reduce pathogens, but the only pathogen reduction requirement is for fecal coliform.

    To prove they qualify as Class A or Class B, biosolids can either be tested directly for pathogens, or the sewage plants can demonstrate that they’ve used a treatment process which has been proven to achieve the required level of reduction.

    Class A biosolids—which can be created through methods like heat drying and composting—can be used on most land without any restrictions (hence Milorganite); Class B biosolids have regulations about where and how they can be used, including waiting periods before crops can be harvested for human consumption.

    EPA doesn’t have any testing requirements for other potential contaminants like synthetic chemicals, antibiotics, hormones, pharmaceuticals, pathogens or metals not listed in the 503 guidelines, or radioactive material (which can be excreted in the urine and feces of people going through radiation therapy).

    Chaney, a senior researcher at the Agricultural Research Service who is supportive of land application, claims that there’s no need to test for additional substances because “biosolids have not been found to contain levels of these materials which cause risk to humans or the environment.” He also commented in a separate message that “there has been no evidence of infection from Class B biosolids used according to EPA regulations, and certainly none from Class A biosolids products”—a statement that anti- sludge advocates criticize. As Caroline Snyder, founder of Citizens for Sludge Free Land, put it to me in an email, “Since EPA and Chaney and the rest have bent over backwards NOT to document adverse effects, have worked to COVER up adverse effects, [and] used fraudulent data in these cover-ups, it is not surprising that there is little documented evidence.”

    Businesses struggle to profit from sewage sludge 0
    Part 2 of Grist’s special series on poop.

    “We’re trying to get the pieces bigger—ideally the size of pencil erasers,” said John “Rus” Miller, handing me a plastic packet of a brown, dry, crumbly material with the texture of couscous and the odor of manure. That’s because it was manure—in the form of dried sewage sludge. To me, it looked and smelled like shit. But when Miller looked at the pellets, he saw coal.

    I was visiting a company named Enertech‘s plant in Rialto, California, because I was searching for alternatives for what we currently do with sludge—the dark brown, complex material that’s left over after wastewater is treated. Referred to as “biosolids” by the sewage industry, more than half of America’s sludge is applied to land as a soil amendment or fertilizer. However, since sludge also contains thousands of chemicals, pharmaceuticals residues, and other toxic materials that get dumped into our sewers, many call this more of a problem than a solution.

    But what if we could use sludge as energy? In addition to undigested food, it contains woody material from toilet paper and billions of microorganisms from our digestive tracts and the plants where sludge is treated, all of which contain carbon. Sewage treatment plants have captured methane from their sludge for years, which can either be sold or used to run the plant—but those systems only partially reduce the volume of the sludge that’s left over. So far there’s no widespread method to create energy and get rid of the sludge at the same time.

    You’d think this wouldn’t be the case. Back in 1873, before most American cities had sewer systems to begin with, Scientific American commented that “(i)t is no exaggeration that the problem of the conversion of the excremental waste of towns and people and the refuse of factories into useful materials is now engaging as much of the attention of intelligent minds throughout the world as any social question.”

    Other social questions trumped sewage, though, and it’s only been recently that the cost and controversy of our current methods has inspired a new generation of intelligent minds to look for alternative solutions. Some of these, while exciting, are still embryonic, like fuel cells that use sewage-eating microbes to produce electricity, closed-loop incinerators that run off of sludge and waste oils, biofuel made from sewage-fed algae, or methods that gasify sludge into liquid fuel. But a handful of promising alternatives are already in use. One of them is SlurryCarbTM.

    Enertech’s plant in Rialto, California, is producing a biofuel from processed sludge.Courtesy EnertechThe theory behind SlurryCarb is not particulary complicated: take sludge, dry it into pellets, then burn it as a carbon-neutral replacement for coal. And in fact, when I first saw Enertech’s Rialto Plant, I wasn’t particularly impressed. Flanked by a sewage treatment facility and a cement manufacturer, it blends in perfectly with its industrial surroundings. Large silos of sludge feed into an outdoor network of metal pipes; eventually, the sludge goes through a centrifuge and heat dryer and comes out as pellets on the other end.

    But while the idea of burning sludge is simple, there’s a big problem: when it arrives from the wastewater treatment plant, sludge is really, really wet. Treated sludge looks like clumpy dirt but it’s actually 70 to 85 percent water, much of which has to be removed before the sludge will burn. Adding to the challenge, a lot of the liquid in sludge is locked within its cell walls. Releasing that trapped liquid takes so much energy that although plants have been pelletizing sludge for years (usually to use as fertilizer), there’s a net energy loss.

    That’s where Enertech is different. Unlike a traditional heat-drying plant that uses evaporation to get rid of water—which requires a lot of energy—Enertech pressurizes its sludge so that it never boils. Then it uses controlled heat to break down the sludge’s cell walls and force them to release their water. Enertech’s overall process uses less than half as much natural gas as a traditional drying plant and produces what the company claims is a net energy gain of approximately 95 percent. Granted, that gain doesn’t take into account the energy the wastewater treatment plant used to dewater the sludge before it got to Enertech. But the system works well for Enertech’s balance sheets: not only do the treatment plants take care of some of the drying beforehand, but they have to pay Enertech a tipping fee for every ton of sludge that it accepts.

    At full capacity, Enertech hopes that its Rialto plant will produce 200 dry tons of SlurryCarb per day, which prompts the obvious question of what they’re going to do with it—in most markets, dried shit doesn’t go for much. Luckily for Enertech, the answer is right next door: cement plants. Making cement produces a lot of carbon dioxide, and most cement plants run on coal—and ever tightening regulations make cement plants eager to find substitutes for the coal in their kilns. SlurryCarb, which is cheaper and has about half of the BTUs of bituminous coal, is exactly that. (It’s also a hell of a lot easier to extract.) Even better, sludge’s leftover ash contains silica, another ingredient in cement, and can be incorporated directly into the cement mixture. Cement plants therefore don’t just reduce the volume of the sludge by burning SlurryCarb—they make it disappear.

    So far, Enertech has contracts with two cement companies in Southern California, and is in talks with five more. Its technique has also attracted foreign attention: the Masdar Clean Tech Fund is considering hiring Enertech to handle the biosolids produced by Masdar, a planned development in Abu Dhabi for 50,000 people that aims to be the world’s first carbon-neutral city. Back home, Miller says he’s spoken with sewage agencies in most of America’s major cities, who are watching the Rialto plant with interest. If it’s a success, Enertech hopes the SlurryCarb process might become a common way for sewage treatment plants to dispose of sludge.

    “But what if you eventually produce so much that the SlurryCarb gets used in places besides cement plants?” I asked Miller when he explained that SlurryCarb could be used in other industries as a substitute for low-grade coal. “What would you do with all the ash?”

    “That,” he said, “would require some pretty creative thinking.”

    Which brings me to a different plastic bag. This one’s black, tucked into a shelf in my living room, and contains a collection of sewage related products that I’ve picked up in the course of my reporting. Most can be clearly traced back to sludge—a sample of SlurryCarb-like pellets from a different plant, for example, or a pouch of compost made from sludge and wood chips in an enormous building that used to be an Ikea warehouse. But one of my sewage souvenirs looks like it doesn’t belong: a jar, about the size of a pill bottle, containing tiny black chips the size and shape of a crumbled Oreo cookie. They don’t look or smell like they came from sludge—in fact, they don’t have a smell at all. The chips are glass aggregate, the sparkly material commonly seen on roofing shingles.

    Minergy subjects sludge to extremely high temperatures to produce a glass aggregate used in a variety of construction materials.Barb ScheiberThe glass came from a company named Minergy, whose technology is currently being used in a plant at the North Shore Sanitary District in Illinois that won a 2008 Global Grand Project Innovation Award from the International Water Association. Instead of selling dried sludge as fuel, Minergy’s technology uses it as energy for its own process: it combusts pre-dried sludge to create temperatures so high—roughly 2400 to 2700 degrees Fahrenheit—that the minerals that would usually be left over as ash melt into molten glass. When this hot liquid is put into cold water, it shatters, creating the tiny black chips in my jar. It’s as if the sludge consumed itself, avoiding the problem of residual ash by never making it to begin with. The resulting aggregate can be used in shingles, asphalt, concrete, ceramic tiles, sandblasting grit, and a variety of other construction materials.

    It’s exciting stuff, but the North Shore Sanitary District has run into a very mundane problem: human hair. Flushed down shower drains, incorporated into sludge, hair (and other similarly stringy objects) clogged NSSD’s machinery, which has been temporarily shut down as its operators work on a solution.

    That’s the thing about sludge, though—it has tremendous potential for reuse, but a lot of dirty details. To find out how the various technologies stack up, I called James Smith, a senior environmental engineer who’s been at EPA for more than 40 years and has played an important role in shaping biosolids regulations. He said that the “world is watching the outcome of the SlurryCarb start-up,” and he was especially positive about a technology called the Cannibal process, which can reduce the volume of sludge produced by up to 80 percent, partially by getting different types of microbes in the sludge to eat each other. But as for the bigger question of the future of sludge?

    “It depends on whose Ouija board you have,” Smith said. “I think what we’re all hoping for is [a process that leaves] very few residuals to deal with, and for whatever we do have to deal with to be the highest quality possible.”

    Unfortunately, regardless of which processes emerge, all these alchemies are likely to come with a catch. The solids in wastewater are so diluted that they need to be dried before their energy is recovered, which requires a lot of energy itself. Even worse, while these technologies might prevent toxic chemicals from seeping into farmland, they also prevent nutrients from returning to the soil—a deficit that brings increased use of synthetic fertilizers and their accompanying host of problems. An ideal solution would do one without the other, nourishing the dirt without contaminating it. But until we figure out how to better segregate our waste streams, even the best new techniques will still suffer from this critical, unavoidable flaw.

    Catherine Price is a contributing editor at Popular Science whose work has appeared in the New York Times, The Best American Science Writing and Slate, among many other publications. The research for this article was funded through a Middlebury Fellowship in Environmental Reporting.

  • Contractors Pollution Liability (CPL) insurance.

    ERMI has seen a tremendous rise in the number of construction projects requiring Contractors Pollution Liability (CPL) insurance.

    For larger construction projects requiring CPL coverage, we feel the best CPL risk transfer strategy is for the project owner to purchase an Owner Controlled Contractors Pollution Liability (OCCPL) policy versus individual contractors purchasing CPL policies.

    With OCCPL the owner negotiates the coverage and premium that best meets their project needs. The project owner will be the first named insured and will have dedicated policy limits for their project. The first named insured is the only one that can cancel the policy. Additional insured’s on the policy will be the general contractor/s and subs working on the project.

    Contractors Pollution Liability (CPL) insurance protects the insured should they cause or exacerbate an environmental condition while performing their contracting services. Most policies can be endorsed to cover transportation pollution liability, mold, lead, asbestos, off-site disposal coverage….

    Another advantage in executing an OCCPL strategy, it will lower the cost of the construction project.

    Example of OCCPL cost advantage vs. individual contractors purchasing CPL coverage
    Job: Build new commercial office building
    Cost: $40,000,000
    Number of construction companies: 20
    Contractors Pollution Liability (CPL) rate: $1.00 per $1,000 of construction costs
    CPL minimum premium: $2,500
    CPL policy limits: $1,000,000/$1,000,000
    Deductible / SIR: $10,000

    Premium for OCCPL: 40,000 X $1.00 = $40,000

    CPL cost for individual policies:

    The general contractor will have to purchase a policy for the cost of the whole project. We will then assume for this example the other 19 construction companies will be at minimum premium ($2,500).

    General Contractor CPL Premium: $40,000

    19 subcontractors X $2,500: $47,500

    Total Individual CPL Premium: $87,500

    OOCPL Premium: $40,000

    Individual CPL Premium: $87,500

    OCCPL Savings: $47,500

    General Contractor CPL Premium:
    $40,000

    With individual CPL policies you are assuming:

    • The proper CPL insurance has been purchased
    • They negotiated the most competitive premium
    • They have completed operations coverage
    • Any subcontractors they use have the proper CPL insurance in place
    • Your project contract has been added to the CPL policy as an insured contract
    • An unrelated third party claim will not erode or exhaust policy limits.
    • The policy will not be canceled before project completion
    • They will not pad the insurance costs an additional 10% adding to the bottom

    ERMI Strategy #2: How to pay for the OCCPL insurance?

    OCCPL supports and strengthens the value of any construction project while reducing

    potential exposure for the loaning institution. Pointing this fact out to your loaning

    institution allows you to negotiate a more favorable loan package than projects not

    executing the OCCPL strategy. The savings in the loan package more times than not

    pays for the cost of the OCCPL insurance.

    Executing these strategies will drive your growth and profits.

  • Seventh Circuit Rules That RCRA Cleanup Obligation Survives Bankruptcy

    The Seventh Circuit recently ruled that a pre-petition cleanup obligation under RCRA § 7003 cannot be discharged in bankruptcy. The decision significantly weakens the “fresh start” afforded by the Bankruptcy Code. Companies that have emerged from bankruptcy should reassess their risk of future environmental liability from pre-bankruptcy activities, and may expect EPA, states and other PRPs to use the precedent to more aggressively pursue their participation in cleanup activities going forward.

    The question before the Court was whether the government’s right to require cleanup under RCRA § 7003 is a dischargeable “claim” under the Bankruptcy Code. The Court held that cleanup obligations survive whenever the government cannot seek alternative monetary relief, and that RCRA § 7003 does not allow the government to collect payment in lieu of performance.

  • Chinese Drywall

    Recent news reports have alerted many in Florida, particularly South Florida, of a phenomenon involving imported drywall from China and its unbecoming side effect: sulfur gas. The story begins during the post-Katrina rebuilding efforts and the lack of domestically- manufactured drywall as a result of a (then) strong construction boom compounded by the Gulf Coast reconstruction demands. Suppliers turned to alternative manufacturing sources and, in particular, drywall made in China.

    Drywall (known by various names such as wallboard or sheetrock) is manufactured using gypsum, a mineral mined and processed to form a solid surface sandwiched between heavy paper. Apparently, the material mined in China has an unusually high sulfur content and, once installed in a building, a strong odor akin to rotten eggs is experienced. While the odor may be enough to cause disgust and be considered a source of respiratory illness, the problem is compounded by the fact the concentration of sulfur gases can cause damage to exposed copper commonly found in air conditioners, wiring, and plumbing within buildings.

    By now, you may be asking yourself if there is insurance coverage for this. Looking at the standard homeowners, commercial property, and general liability policies in use today, the likely answer is no. In the case of the homeowners and commercial property forms, each contains a provision dealing with the discharge, dispersal, seepage, migration, release, or escape of pollutants.

    ISO H0-3 Coverage A excludes:

    Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by a Peril Insured Against named under Coverage C.

    Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

    Exclusion found in the ISO Cause of Loss—Special Form and definition in the Building and Business Personal Property Coverage Form

    Discharge, dispersal, seepage, migration, release or escape of “pollutants” unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the “specified causes of loss”. But if the discharge, dispersal, seepage, migration, release or escape of “pollutants” results in a “specified cause of loss”, we will pay for the loss or damage caused by that “specified cause of loss.”

    “Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

    Additionally, the Causes of Loss—Special Form contains additional exclusions that likely apply. For instance, the concurrent causation exclusion includes losses that involve “faulty, inadequate, or defective…materials used in repair, construction, renovation or remodeling” as well as restricting coverage involving “rust or other corrosion, decay, deterioration, hidden or latent defect
    or any quality in property that causes it to damage or destroy itself.”

    Another property form that may apply under the appropriate circumstance is the Builders Risk Coverage Form. Not uncommon, many builders risk forms use an inland marine format and are proprietary versions. Consequently, individual review of the applicable builders risk would apply; yet, speaking generally, most forms likely include exclusions involving pollutants, use of faulty materials, and the corrosion/decay provision as previously discussed.

    There are numerous general liability exclusions that could apply, depending on the vantage point. Briefly, if any commercial general liability policy involved with a claim arising from allegations of bodily injury or property damage associated with Chinese drywall and includes the Total Pollution Exclusion (CG 21 49), there is essentially no coverage for losses caused by “pollutants.” Without
    this endorsement, other exclusions found in the CGL that would likely apply include:

    1. Pollution (exclusion f)
    2. Damage to “your work” (exclusion l)
    3. Damage to Impaired Property or Property Not Physically Injured (exclusion m)
    In the case of exclusion l (#2 above), coverage may exist for the insured for the loss of use of
    tangible property not physically injured (see “property damage” definition) if the subcontractor
    exception applies (i.e. the policy does not include CG 22 94 or CG 22 95) and other exclusions
    (e.g. f and m) are not applicable.
    Unfortunately for those living in homes with Chinese drywall, there is no fortune cookie to make
    matters better.

    In the case of exclusion l (#2 above), coverage may exist for the insured for the loss of use of tangible property not physically injured (see “property damage” definition) if the subcontractor exception applies (i.e. the policy does not include CG 22 94 or CG 22 95) and other exclusions (e.g. f and m) are not applicable.

    Unfortunately for those living in homes with Chinese drywall, there is no fortune cookie to make matters better.

  • Community Action for a Renewed Environment (CARE)

    CARE (http://www.epa.gov/care/) is a competitive grant program that offers an innovative way for a community to organize and take action to reduce toxic pollution in its local environment. Through CARE, a community creates a partnership that implements solutions to reduce releases of toxic pollutants and minimize people’s exposure to them. By providing financial and technical assistance, EPA helps CARE communities get on the path to a renewed environment.

  • US Drinking Water and Watersheds Widely Contaminated by Hormone Disrupting Pesticide, Atrazine

    CHICAGO – August 24 – A widely used pesticide known to impact wildlife development and, potentially, human health has contaminated watersheds and drinking water throughout much of the United States, according to a new report released today by the Natural Resources Defense Council (NRDC). Banned by the European Union, atrazine is the most commonly detected pesticide in U.S. waters and is a known endocrine disruptor, which means that it affects human and animal hormones. It has been tied to poor sperm quality in humans and hermaphroditic amphibians.

    “Evidence shows Atrazine contamination to be a widespread and dangerous problem that has not been communicated to the people most at risk,” said Jennifer Sass, PhD, NRDC Senior Scientist and an author of the report. “U.S. EPA is ignoring some very high concentrations of this pesticide in water that people are drinking and using every day. This exposure could have a considerable impact on reproductive health. Scientific research has tied this chemical to some ghastly impacts on wildlife and raises red flags for possible human impacts.”

    “People living in contaminated areas need to be made aware — and the regulators need to get this product off the market,” said Sass. The report, ” Poisoning the Well: How the EPA is Ignoring Atrazine Contamination in Surface and Drinking Water in the Central United States” creates a ground breaking analysis of atrazine pollution by bringing together data from watershed monitoring and drinking water compliance programs for the first time.

    The report reveals that all of the watersheds monitored by EPA and 90% of the drinking water sampled tested positive for atrazine. Contamination was most severe in Illinois, Iowa, Indiana, Missouri, and Nebraska. An extensive U.S. Geological Survey study found that approximately 75 percent of stream water and about 40 percent of all groundwater samples from agricultural areas contained atrazine, and according to the New York Times, an estimated 33 million Americans have been exposed to atrazine through their drinking water systems.

    “The extent of contamination we found in the data was breathtaking and alarming,” said Andrew Wetzler, Director of NRDC’s Wildlife Conservation Program and Deputy Director of NRDC’s Midwest Program, as well as one of the report’s authors. “The EPA found atrazine almost everywhere they looked. I think that the public will find this hard to swallow and I hope it will help force the EPA to address the situation more aggressively.”

    Click here for the full report, including detailed maps of affected areas and Google Earth applications.

    The contamination data in the report was obtained as the result of a legal settlement and Freedom of Information Act requests. ” Poisoning the Well” highlights watersheds and municipal water treatment systems most affected by the chemical contamination, offers policy solutions, and describes actions that people can take to protect themselves from exposure to this dangerous chemical in their water.

    Atrazine is regulated by the U.S. Environmental Protection Agency (EPA). Under the Safe Drinking Water Act (SDWA), EPA has determined that an annual average of no more than 3 parts per billion (ppb) of atrazine may be present in drinking water. One of the chief findings of the report was that this reliance on a “running annual average” allows levels of atrazine in drinking water to peak at extremely high concentrations.

    Given the pesticide’s limited economic value and the fact that safer agricultural methods can be substituted to achieve similar results, NRDC recommends phasing out the use of atrazine, more effective atrazine monitoring, the adoption of farming techniques that can help minimize the use of atrazine to prevent it from running into waterways. The report also underscores the importance of using home filtration systems.

    The effects associated with atrazine have been documented extensively. Reproductive effects have been seen in amphibians even at low levels of exposure. Concentrations as low as 0.1 ppb, for example, have been shown to alter the development of sex characteristics in male frogs, resulting in male frogs with female sex characteristics and the presence of eggs in male frog testes. Some scientists are concerned about exposure for children and pregnant women, as small doses could impact development of the brain and reproductive organs. Research has also raised concerns about atrazine’s “synergistic” affects, showing potential for the chemical having a multiplier affect to increase toxic affects of other chemical co-contaminants in the environment.

    The report includes information on actions people can take to protect themselves from Atrazine and other dangerous contaminants. NRDC recommends that consumers concerned about atrazine contamination in their water use a simple and economical household water filter, such as one that fits on the tap. Consumers should make sure that the filter they choose is certified by NSF International to meet American National Standards Institute (ANSI) Standard 53 for VOC (volatile organic compounds) reduction and therefore capable of significantly reducing many health-related contaminants, including atrazine and other pesticides.

    Additionally, NRDC’s SimpleSteps Web site includes an online form to allow people to take on a watchdog role by collecting information on how their public water systems are treating these issues. Visit www.simplesteps.org/ atrazine for more information.