$40,000 Penalty for Failure to Conduct SPCC Drills

In a settlement with the EPA, the John R. Young & Company has agreed to pay a $40,000 penalty for allegedly failing to conduct drills or exercises to help prepare for a potential spill from its oil storage facility at 2459 Perkiomenville Road in Woxall, Montgomery County, Pennsylvania. The company was also cited for not maintaining a copy of its spill prevention plan at the facility.

The Woxall facility has the capacity to store more than one million gallons of oil and is located less than one-half mile from the Perkiomen Creek, a tributary of the Schuylkill River. A significant spill at the facility could result in harmful quantities of oil flowing into these water bodies. EPA officials inspected the facility in September 2008.

The settlement penalty takes into account the company’s cooperation with EPA in resolving the alleged violations and complying with applicable regulations. As part of the settlement, the company did not admit or deny liability for the violations alleged by EPA.

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Louisiana Permit Status Query and Air Requirements Libraries Now Available Online

The Louisiana Department of Environmental Quality (DEQ) has recently made it much easier to check the status of permits and to review current air regulations. 

Many state air requirements are now available online in a series of libraries. The menu includes requirements for federal, state, industry or equipment-specific as well as requirements for Standard Oil and Gas Air (SOGA) permits.

“By making these search capabilities available to the public, users can access up-to-date information regarding the status of a permit, along with the associated regulations,” said Cheryl Nolan, DEQ Assistant Secretary.

FAA Proposes Hazmat Civil Penalties against 11 Companies

The Federal Aviation Administration (FAA) has proposed civil penalties ranging from $54,000 to $91,000 against 11 companies for alleged violations of DOT Hazardous Materials Regulations.

• $91,000 against Boston Scientific Corporation of Natick, Massachusetts, for allegedly offering a fiberboard box containing medical-grade silicone fluid, a flammable liquid, to DHL for transportation by air from Alajuela, Costa Rica, to Boston Scientific headquarters, October 23, 2009. The shipment was undeclared. DHL employees at its Cincinnati sorting hub discovered the leaking package.
• $78,000 against Westfield Coatings Corp., of Westfield, Massachusetts, for allegedly offering a fiberboard box containing paint, a flammable liquid, for transportation by air from Westfield to Hudson, North Carolina, August 11, 2009. The shipment was undeclared. UPS workers at the Louisville sorting hub discovered the non-hazardous material leaking from the package.
• $54,000 against Fragrance Resources, Inc., of Clifton, New Jersey, for allegedly offering a fiberboard box containing a flammable liquid for transportation by air from Clifton to Ft Lauderdale, Florida, December 23, 2009. The shipment was undeclared. UPS workers at the Louisville sorting hub discovered the package.
• $65,000 against Flight Options, LLC of Cleveland, for allegedly offering a fiberboard box containing isopropyl alcohol, a flammable liquid, to UPS for transportation by air from Cleveland to Las Vegas, September 9, 2009. The shipment was undeclared. UPS workers at the Louisville sorting hub discovered the leaking package.
• $54,000 against the Hammelman Corporation, Dayton, Ohio, for allegedly offering a fiberboard box containing methanol, a flammable liquid, for transportation by air from Pompano Beach, Florida, to Dayton, March 23, 2010. The shipment was undeclared. UPS workers at the Louisville sorting hub discovered the leaking package.
• $58,000 against Kemet Electronics Corporation of Simpsonville, South Carolina for allegedly offering a fiberboard box containing silver paint, a flammable liquid, to UPS for transportation by air from Brownsville, Texas to Simpsonville, August 20, 2009. The shipment was undeclared. UPS workers at the Louisville sorting hub discovered the leaking package.
• $56,000 against MSI Aircraft MTC SVS International, GMBH of Ruesselsheim, Germany, for allegedly offering a fiberboard box containing a fuel control unit, to FedEx for transportation by air from Ruesselsheim to Miami, May 22, 2009. The shipment was undeclared. A fuel control unit containing jet fuel is considered a hazardous material. FedEx employees at Fort Lauderdale discovered the shipment was leaking.
• $65,000 against Federal Express of Memphis, Tennessee, for allegedly accepting a fiberboard box containing an unspecified toxic, corrosive liquid classified as a poison, for transportation by air from Oxford, Alabama, to Chino California, April 1, 2010. An FAA hazardous materials special agent identified the mislabeled shipment before it could be loaded on an aircraft.
• $54,000 against Vitacost.com of Lexington, North Carolina, for allegedly offering a fiberboard box containing a flammable liquid and non-hazardous material for transportation by air from Lexington to Boca Raton, Florida, January 29, 2010. The shipment was undeclared. UPS workers at the Louisville sorting hub discovered the leaking package.
• $91,000 against Cardinal Health of Madison, Mississippi, for allegedly offering a fiberboard box containing skin care products containing alcohol, a flammable liquid, to DHL for transportation by air from Madison to St. Thomas, U.S. Virgin Islands, September 11, 2009. The shipment was undeclared. DHL workers at the Cincinnati sorting hub discovered the leaking package.
• $54,000 against PSS Medical of Lubbock, Texas, for allegedly offering a fiberboard box containing ammonium nitrate, a corrosive material, to UPS for transportation by air from Lubbock to Las Cruces, New Mexico, December 31, 2009. The shipment was undeclared. UPS workers at the Louisville sorting hub discovered the package while sorting packages for shipment and delivery.

In all instances, the companies allegedly offered the hazardous material for transportation (or, in the case of Federal Express, accepted it) when it was not packaged, marked, classed, described, labeled, or in condition for shipment as required by regulations.

Each of the companies have 30 days from receipt of the FAA’s notice of proposed civil penalty to respond to the agency.

New York to Strengthen, Codify Endangered Species Regulations

 

The draft proposals, which are published in this week’s Environmental News Bulletin, would establish criteria for the listing and de-listing of species and requirements for restoration and recovery plans. The proposals will also establish time lines, procedures and standards for reviewing applications for construction projects and other projects that might impact endangered and threatened species. The proposals would define the “taking” of a protected species to include the adverse modification of habitat—conforming to New York court decisions interpreting the term.

The regulations also call for applicants to develop a mitigation plan that results in a net conservation benefit to the listed species.

“With this proposal, we are codifying practices that had been in place for several years as a result of court decisions over the past decade,” Commissioner Grannis said. “While improving the protection of rare species, these revisions also will benefit landowners, developers, local planners and others by providing clear guidance and predictability in planning and designing projects.”

Construction projects that might result in the incidental take of an endangered or threatened species (i.e., the taking of a protected species or the harming of a species’ habitat while engaged in an otherwise lawful activity) must complete a DEC permitting process before going forward. While current state regulations do not specify procedures or standards for reviewing such projects, the proposed regulations will clarify the permitting process.

For the first time, state regulations also will spell out criteria for listing or de-listing a species. Examples of listing criteria include:

• If the current number of viable and self-sustaining populations of the species statewide is not sufficient to ensure its continued survival.
• If threatened destruction, modification or curtailment of the species’ habitat or range within the state threatens the continued survival of the species.
• The absence of existing regulatory mechanisms to protect the species or its habitat.

Examples of de-listing criteria include:

• If the current number of viable and self-sustaining populations of the species statewide is increased to a level sufficient to ensure continued survival of the species in the state.
• Other regulatory mechanisms have been adopted to adequately protect the species or its habitat.
• The sources of population declines, such as disease or habitat loss, have been addressed and abated.

 

Ohio EPA Takes Comments on Rule Changes that Accommodate Federal Greenhouse Gas Rules

New sources of air pollution would be required to control greenhouse gas (GHG) emissions under draft rule changes being introduced by Ohio EPA. The draft rules mirror federal requirements to control GHG emissions under U.S. EPA’s Greenhouse Gas Tailoring Rule. Ohio EPA is accepting comments on the draft through August 13, 2010.

The rule amendments would allow for a step-by-step implementation process in concert with federal actions:

• Step 1 – From January 2, 2011 through June 30, 2011, facilities with new major sources that fall under federal requirements would be required to address GHG emissions if the new source would increase output of carbon dioxide by 75,000 tons per year based on carbon conversion formulas; and
• Step 2 – Beginning July 1, 2011, newly constructed facilities would be subject to GHG requirements based on tons of carbon dioxide emitted per year. Existing sources would be subject to permit modifications if the source already emits 100,000 tons per year or more.

In addition to adding limits, draft definitions are included such as what would be considered an emissions increase, carbon equivalents and how equivalents are calculated under the draft rules. Also, a section has been added that would regulate the emissions of light duty vehicles.

A key component to the draft rule changes would be to add the phrase “subject to regulation,” which allows for tailoring the regulations to specific pollutants or pollutant sources. As U.S. EPA updates specific greenhouse gas limits, sources would become subject to changes without additional rule development.

Written comments can be mailed to the attention of Paul Braun, Division of Air Pollution Control, Ohio EPA, P.O. Box 1049, Columbus, Ohio 43216-1049. Include “PSD and Title V Greenhouse Gas Tailoring Rule; Final Rule” in the subject line.

Ohio EPA will consider all comments received by August 13, 2010, before formally proposing rule changes. When the rules are formally proposed, Ohio EPA will hold a public hearing and offer another public comment period before any rule changes are adopted.

Universal Waste Handler Fined for Disposing of Waste to the Ground

On November 9, 2009, and November 23, 2009, the California Department of Toxic Substances Control (DTSC) conducted an electronic waste program inspection at A to Z Auto and Recycling’s site in San Diego, California. The site operates as scrap metal recycler and universal waste handler. During the November 9, 2009 visit, the DTSC inspectors observed whole and dismantled electronic devices disposed to the ground.

The inspectors found approximately 12,202 pounds of whole and dismantled electronic devices, including printed circuit boards, electronic wiring, plastic and metal debris/parts were disposed on the ground. A to Z was fined $10,500 and compelled to stop further disposal of universal waste to the ground.

EPA, DOE Software to Enhance Detection of Drinking Water Contaminants

Scientists from the EPA and the Department of Energy (DOE) have collaborated in developing innovative water quality software that enhances a water system’s ability to detect when there has been intentional or unintentional contamination.  Once contamination is detected quickly, a water utility can issue a “Do Not Drink” order to prevent customers from ingesting the water.

“This cutting-edge technology helps to protect all Americans and secure our nation’s water supply from threats,” said Paul Anastas, assistant administrator for EPA’s Office of Research and Development. “The new software also improves our drinking water systems and allows water utilities to quickly advise customers when their water is not safe to drink.”

Drinking water utilities use the software in conjunction with a network of water quality sensors to rapidly detect contamination and to more accurately assess when and how they need to respond. The software helps to distinguish between natural variation in water quality measurements and hazardous contamination, and sends an alarm to indicate when water utilities should take steps to investigate and respond to potential contamination. In addition to achieving homeland security goals, Canary can be used to enhance day-to-day water quality management, and ensure the safety and security of water for all consumers.

The Greater Cincinnati Water Works is the first utility to pilot the software and has been using Canary to assist in detecting and managing contamination incidents since 2007. The software is currently being evaluated in four other U.S. cities—New York, Los Angeles, Philadelphia, and San Francisco—and in Singapore.

EPA and DOE received a 2010 “R&D 100 Award” from R&D Magazine for developing Canary. The R&D 100 awards recognize the top high-technology products of the year.

As a free software tool, Canary is available worldwide to drinking water utilities striving to provide safe water to their customers. The software has been accessed by more than 600 users in 15 countries.

Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone

The agency is proposing to both identify and limit emissions within 32 states in the eastern United States that affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. EPA is proposing to limit these emissions through Federal Implementation Plans (FIPs) that regulate electric generating units (EGUs) in the 32 states.

This action will substantially reduce the impact of transported emissions on downwind states. In conjunction with other federal and state actions, implementation of the rule would assure that all but a handful of areas in the eastern part of the country will be in compliance with the current ozone and PM2.5 NAAQS by 2014 or earlier. To the extent the proposed FIPs do not fully address all significant transport, EPA is committed to assuring that any additional reductions needed are addressed quickly.

 

$38,000 Penalty for Unpermitted Hazardous Waste Storage

General Dynamics Ordnance and Tactical Systems, Inc., has agreed to pay a $38,500 civil penalty to settle alleged violations of hazardous waste regulations at its ordnance projectile, housing, and parts manufacturing facility in Red Lion, Pennsylvania.

Following a facility inspection, EPA cited the company for RCRA violations involving hazardous waste stored at the building including:

• Operating a hazardous waste storage facility without a permit;
• Failure to make hazardous waste determinations;
• Failure to submit an exception report when the facility did not receive a fully signed manifest from the designated disposal facility;
• Storing hazardous waste in containers that were not kept closed during storage;
• Failure to perform required weekly container storage area inspections;
• Failure to minimize the possibility of any release of hazardous waste;
• Failure to properly store university waste lamps and mercury-containing devices.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter.

In addition to the penalty, as a part of the settlement, General Dynamics Ordnance and Tactical Systems, Inc., has certified its compliance with all applicable RCRA requirements.

Missouri DNR Takes Action against Monitoring Well Contractor for Failure to Obtain Permit

The Missouri Department of Natural Resources (DNR) has asked the Missouri Attorney General’s Office to pursue legal action against Sherri Jones, employed by PSI Environmental, located in Kansas City, Kansas. Jones was referred to the Attorney General’s Office for failure to comply with the Missouri Well Construction Rules, including failure to obtain a permit to operate in the state as a monitoring well installation contractor, which violates Missouri’s Water Well Driller’s Act and Regulations.

Ms. Jones was acting as the primary contractor on a monitoring well site in St. Louis, for Washington University without the appropriate, required permit.

“When individuals or businesses violate the law and are unable or unwilling to return to compliance, we will ask the attorney general to pursue legal action to protect public health and our state’s resources,” said Mark N. Templeton, Director of DNR.

Missouri’s Water Well Driller’s Act exists to protect public and environmental health and the department is responsible for enforcing the law and regulations.

The department’s enforcement actions help protect human health and the environment by requiring well drillers to maintain compliance. The department’s main goal in any enforcement action is to work with the contractor to successfully achieve compliance with the requirements and then ensure they have the tools to remain in compliance. As part of that process, penalties may be used as an incentive to ensure future compliance and to remove the economic benefit of continued noncompliance.

The department strives to work with contractors to fix problems before an issue is referred. In situations where the responsible party is unwilling or unable to cooperate to come into compliance and be protective of human health and the environment, the department will refer the case to the Attorney General’s Office for legal action.

EPA and DOJ Take Action to Reduce Hazards from Fertilizer Manufacturing Plant in Florida

CF Industries Inc. (CFI), has agreed to spend approximately $12 million to implement facility-wide operational changes to reduce and properly manage hazardous wastes generated at its Plant City, Florida, phosphoric acid and ammoniated fertilizer manufacturing facility, the Justice Department and EPA have announced. The settlement resolves CFI’s RCRA violations and requires the company to pay a civil penalty of $701,500 and provide $163.5 million in financial assurances to guarantee appropriate closure and long-term care of the facility. This is the first case concluded under EPA’s National Enforcement Initiative for Mining and Mineral Processing.

CFI, a manufacturer of phosphate and nitrogen fertilizers, operates a 400-acre phosphogypsum stack and associated ponds for storing mineral processing wastes from its phosphoric acid production operations, in which the company was commingling hazardous wastes from its fertilizer plant. Between December 2004 and January 2005, inspectors from EPA and the Florida Department of Environmental Protection (DEP) discovered that CFI was treating, storing and disposing of hazardous wastes in its stack and associated ponds without a permit and failing to meet land disposal restrictions required under RCRA, which addresses the appropriate handling, storage and disposal of hazardous wastes. The manufacturer also had failed provide adequate financial assurance for closure, long-term care and third-party liability for its facility.

As part of the agreement, CFI has implemented comprehensive waste containment and spill prevention measures to better manage its wastes; has reconfigured scrubbers to eliminate all corrosive fertilizer wastewaters and reduce ammonia releases to the environment; and has constructed a treatment system for hazardous wastes generated in fertilizer operations. CFI additionally has completed the full site investigation also required under the settlement to assess the degree of environmental contamination emanating from the phosphogypsum stacks and ponds, and will take steps to remove and treat contaminated soils. In addition, the company will implement several management plans to ensure future compliance with RCRA.

CFI also has agreed to financial assurance to cover the $163.5 million needed to fund all closure and long-term care obligations after the facility’s useful life ends. The company further will pay a civil penalty of $701,500 for its past violations, to be split evenly between the United States and the Florida DEP, which is a co-plaintiff in this action.

Phosphoric acid is primarily used for agricultural chemical fertilizers. In a national enforcement effort, EPA has focused on compliance in the phosphoric acid industry because of the high risk of releases of acidic wastewaters at these facilities, which can cause groundwater contamination and fish kills. Examples include a 65 million gallon release of acidic wastewaters from the Mosaic Riverview facility into Tampa Bay which led to a massive local fish kill. In addition, the state of Florida has incurred nearly $200 million in clean-up costs for treatment of acidic wastewaters at the bankrupt Mulberry Phosphates Piney Point facility in Polk County, Florida. A 2007 incident at the Agrifos phosphoric acid facility in Houston released 50 million gallons of acidic wastewaters into the Houston Ship Channel.

Mining and mineral processing facilities generate more toxic and hazardous waste than any other industrial sector, based on EPA’s Toxic Release Inventory. If not properly managed, these facilities pose a high risk to human health and the environment. Since 2003, EPA has been investigating a total of twenty phosphoric acid facilities in seven states.

“Mismanagement of hazardous waste from mining and mineral processing is a serious matter,” said Assistant Attorney General Ignacia S. Moreno. “The companies targeted in the National Enforcement Initiative for Mining and Mineral Processing cannot proceed with business as usual. The agreement requires, in addition to future compliance and an appropriate penalty, that CFI reduce and change its handling of hazardous wastes throughout its facility.”

“Wastes from mineral processing and associated fertilizer production can pose a serious risk to our nation’s drinking water and the health of families,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Mining and mineral processing is one of our National Enforcement Initiatives and we are working to minimize or eliminate risks to communities and the environment from illegal hazardous waste operations at phosphoric acid and other high risk mineral processing facilities.”

Massachusetts Bay Transportation Authority to Spend Millions to Reduce Commuter Train Emissions in Clean Air Act Settlement

In response to a federal enforcement action for excessive train engine idling, the Massachusetts Bay Transportation Authority (MBTA) and the Massachusetts Bay Commuter Railroad Company (MBCR) will spend more than $2 million to reduce diesel locomotive emissions throughout the MBTA’s commuter rail system, the Justice Department and EPA have announced. Under a consent decree lodged in federal court, MBTA and MBCR will spend over $1 million on anti-idling equipment at all end-of-line stations and maintenance facilities, and will spend another $1 million on ultra-clean diesel fuel for all trains in the commuter rail system for two years.

These emission-reducing measures are the result of a federal enforcement action brought by the Justice Department on behalf of EPA in response to MBTA’s and MBCR’s excessive locomotive idling at the Widett Circle layover facility in South Boston and the Greenbush line station in Scituate, Massachusetts. Neighboring residents have complained of excessive train idling at both locations.

To settle the enforcement action, MBTA and MBCR will:

• Install or upgrade electric plug-in stations as anti-idling equipment to supply all commuter locomotives with electric auxiliary power to prevent excess idling during train layovers;
• Switch to cleaner burning, ultra-low sulfur diesel fuel for all trains on the MBTA’s commuter rail lines for a two year period at an estimated cost of $1 million;
• Install new, less polluting auxiliary engines on fourteen commuter locomotives by no later than December 2012; and
• Pay a $225,000 fine.

The anti-idling measures, clean diesel fuel switch, and new auxiliary engines required by the federal settlement will have significant clean air benefits. For example, a reduction in commuter locomotive idling by even one hour per day per locomotive, together with the fuel switch and new engines, could result in yearly carbon dioxide emission reductions of an estimated 800 tons, nitrogen oxides reductions of nearly 170 tons, carbon monoxide reductions of about 80 tons, particulate reductions of 23 tons, and sulfur dioxide reductions of 1-2 tons.

MBTA owns 80 commuter locomotives used on 13 commuter rail routes in Eastern Massachusetts. Since 2003, MBCR has managed and operated the commuter train system for the MBTA. The system includes 14 layover facilities where the locomotives and passenger cars are parked and serviced between runs. Electric plug-in stations at these facilities supply the trains with electric power for lights and ventilation. If a plug-in is not available, a train on layover idles its auxiliary diesel engine to supply any needed electric power.

Under the settlement, which must be approved by the court, commuter train layovers will only be allowed at locations where there are sufficient electric plug-in stations for all trains.

The Massachusetts locomotive idling regulation, a federally-enforceable state regulation, prohibits all unnecessary diesel locomotive idling for more than 30 minutes. According to a 2008 notice of violation issued by EPA, MBTA and MBCR committed 33 violations of this regulation at Widett Circle and Greenbush in three months. At Widett, the average idling time during the violations was just under four hours (234 minutes).

“This precedent-setting, multi-million dollar settlement for train idling is appropriate in light of the defendants’ conduct,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The settlement will provide immediate and lasting environmental benefits to the residents of Eastern Massachusetts, particularly those in environmental justice communities.”

“It is imperative that anti-idling laws are followed, given the proximity of these layover facilities to densely-populated communities and environmental justice neighborhoods,” said Curt Spalding, regional administrator of EPA’s New England Office. “Diesel pollution can be very harmful, especially to sensitive populations such as the young, elderly and people who suffer from asthma.”

Diesel exhaust contains fine particles that can cause lung damage and aggravate respiratory conditions, such as asthma and bronchitis. Based upon human and laboratory studies, there is also considerable evidence that diesel exhaust is a likely carcinogen.

Since 2002, EPA has brought more than a dozen federal enforcement cases to stop diesel engine idling violations in Massachusetts, Connecticut, and Rhode Island. Most of the cases have involved diesel truck and bus idling, including a judicial settlement announced in July 2010 against National Car Rental for shuttle bus idling at two airports. Only Massachusetts and Rhode Island have federally-enforceable locomotive idling regulations, and this action marks the first time EPA and DOJ have sued a railroad for excessive idling violations.

EPA Announces Nation’s Top 50 Green Power Organizations

The Green Power Partnership’s top purchasers use more than 12 billion kilowatt-hours (kWh) of green power annually, equivalent to the annual carbon dioxide (CO2) emissions from the electricity use of more than 1 million average American homes. Green Power helps to prevent emissions from conventional power sources that are linked to harmful air pollution and climate change.

The top 10 on the list are Intel Corporation, Kohl’s Department Stores, Whole Foods Market, City of Houston, Dell Inc., Johnson & Johnson, Cisco Systems, Inc., commonwealth of Pennsylvania, U.S. Air Force, and the city of Dallas.

Green power resources produce electricity with an environmental profile superior to conventional power technologies and produce no net increase to greenhouse gas emissions. Purchases of green power also help accelerate the development of new renewable energy capacity nationwide.

Intel Corporation remains the partnership’s largest single purchaser of green power, using more than 1.4 billion kWh, equivalent to the CO2 emissions from the electricity use of nearly 125,000 average American homes. Washington, D.C. (No. 14), TD Bank, N.A. (No. 15), the state of Illinois (No. 23), Pearson, Inc. (No. 27), Chicago Public Schools (No. 35), and Harris N.A. (No. 42), are all making first-time appearances on the national list. BD (No. 19), a global medical technology company, and the Port of Portland (No. 49), both rose in the rankings by nearly doubling their green power purchases. Nearly a quarter of the top 50 partners have increased their green power purchases since April.

EPA’s Green Power Partnership works with more than 1,200 partner organizations to voluntarily purchase green power to reduce the environmental impacts of conventional electricity use. Overall, EPA’s green power partners are using more than 17 billion kWh of green power annually, equivalent to the CO2 emissions from electricity use of more than 1.5 million average American homes.

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Trivia Question of the Week

A small quantity generator of hazardous waste can accumulate up to how much hazardous waste at any one time, according to the federal hazardous waste regulations:
a. 100 kg
b. 1000 kg
c. 55 gallons
d. 6000 kg