The Air Line Pilots Association, International (ALPA) is calling on the U.S. government to prohibit shipments of lithium batteries on passenger and all-cargo aircraft until new regulations are in place to ensure the safe transport of these hazardous materials.
“ALPA has long called for regulations to ensure that safety is the first priority in transporting shipments of lithium batteries aboard airliners,” said First Officer Mark Rogers, director of ALPA’s Dangerous Goods Programs. “Now, the evidence of a clear and present danger is mounting. We need an immediate ban on these dangerous goods to protect airline passengers, crews, and cargo.”
During the past two months, fire, smoke, or evidence of fire associated with battery shipments has occurred aboard three separate U.S. airliners. The incidents, which took place in Minneapolis/Saint Paul, Minnesota, Santo Domingo, Dominican Republic, and Honolulu, Hawaii, were similar to a 2006 battery fire aboard a DC-8 in Philadelphia, Pennsylvania. In that accident, the fire was severe and it prompted the National Transportation Safety Board (NTSB) to recommend the full regulation of these types of batteries as dangerous goods.
Lithium batteries provide essential power for millions of Americans every day as they use laptop computers, cell phones, flashlights, and cameras. ALPA is not calling for new restrictions on what passengers are permitted to bring aboard aircraft, but the world’s largest non-governmental aviation safety organization is extremely concerned about the risk from transporting lithium batteries aboard aircraft as cargo.
ALPA has long advocated for improved transport requirements for lithium-ion and lithium-metal batteries. Since 2004, ALPA has urged the Department of Transportation to fully regulate these batteries as dangerous goods, including requiring appropriate packaging, labeling, marking, testing, and pilot notification.
“ALPA calls on the agencies charged with protecting the public from hazardous materials to issue an immediate ban on lithium battery shipments to protect airline passengers, crews and cargo until the proper safety regulations are in place and can be enforced,” said Prater. “If we are not able to secure these protections for the traveling public through swift regulatory action, we will ask Congress to immediately intervene to ensure the safe shipment of lithium batteries.”
Founded in 1931, ALPA is the world’s largest pilots union, representing nearly 53,500 pilots at 36 airlines in the United States and Canada.
EPA Clarifies Article Exemption for TRI Reporting under SARA Title III
EPA is requesting comments on both of these proposed actions.
In the first action, EPA proposes to formally remove a paragraph of guidance dealing with releases due to natural weathering of products that appeared in the TRI Reporting Forms and Instructions (RF&I) from 1988 to 2001. This guidance was not included in the RF&I after 2001, however, formal notice of its removal was never issued. In this newly proposed rule, EPA provides notice that this language has been removed and may not be relied on by reporting facilities.
The following language is what EPA is proposing to formally remove from the TRI RF&I:
“You are not required to count as a release, quantities of an EPCRA section 313 chemical that are lost due to natural weathering or corrosion, normal/natural degradation of a product, or normal migration of an EPCRA section 313 chemical from a product. For example, amounts of an EPCRA section 313 chemical that migrate from plastic products in storage do not have to be counted in estimates of releases of that EPCRA section 313 chemical from the facility.”
EPA has learned there has been some confusion in the regulated community regarding the above paragraph that EPA is now formally proposing to remove from the RF&I. This paragraph paraphrased guidance issued in an October 24, 1988, letter to a specific facility, known as the 1988 Elkins letter. In 2001, EPA determined that the paragraph could be misinterpreted as indicating that the exemption has a broader scope than intended, and therefore the paragraph was not included in subsequent RF&I. Removal of the paragraph occurred without public notice or opportunity for comment, which EPA is now rectifying in this proposed notice of the removal.
EPA does not propose to replace this removed language in the RF&I and will not rely upon this language in any future determinations. The Elkins letter, when read in its entirety, presents relevant context and explains clearly what constitutes natural weathering or deterioration and how these are addressed by the article exemption. EPA is therefore requesting comment on the above interpretation and the corresponding removal of the paragraph in the RF&I.
In the second proposed action of the August 24, 2009 proposed rule, EPA is proposing an interpretation of how the article exemption applies to the Wood Treating Industry, specifically to treated wood that has completed the treatment process. EPA’s concern that has led to this proposed action is that some wood treatment facilities have improperly used the article exemption to avoid reporting potentially large releases from items in storage. For example, at many wood treatment facilities, lumber is impregnated with a number of toxic chemicals as preservatives (e.g., creosote), and after treatment, the lumber sits in various types of holding areas, or is moved directly to transportation vehicles. In such cases, it appears that some amount of toxic chemicals continue to be emitted to the air and/or drip onto pads or onto the ground at the facility as a result of the treatment.
Several facilities had incorrectly applied the 1988 Elkins letter and the RF&I guidance and determined that the releases and off-gassing of toxic chemicals from freshly manufactured treated wood products could be considered “natural weathering” or “low-level migration” releases and would therefore be exempt from reporting based on the RF&I paragraph that EPA is now formally proposing to delete from the RF&I.
EPA does not dispute the assertion of the trade association representing wood treaters that some ambiguity existed in the various iterations of past guidance with respect to appropriate treatment of very low levels of releases that are analogous to “weathering” or “natural deterioration,” and that further clarification with opportunity to comment would be appropriate.
The article exemption clearly states that an item releasing toxic chemicals as a result of processing or use of the item, does not qualify as an article). EPA did not intend for the phrase “as a result of processing or use” to apply only at the instant of processing or use because that interpretation would imply that releases from an item that result from use or processing that occur at a later time can be ignored. When Congress passed EPCRA, the intent was to provide communities and others with as full a view as practicable with respect to releases of toxic chemicals.
In 2007, members of the wood treating industry (“the wood treaters”) contacted EPA for guidance on reporting releases from treated wood after it has left the treatment process and is either sitting on a drip pad or in storage. The wood treaters cited various past EPA guidance documents, including the paragraph now being proposed for formal deletion from the RF&I, as the basis for this industry not needing to report releases from treated wood in storage. EPA responded in an October 15, 2007, letter explaining that the wood treaters had misinterpreted the past guidance and when the guidance is properly applied to their processes, releases from wood post-treatment must be reported to EPA. The wood treaters challenged this letter and, on May 15, 2008, a preliminary injunction was issued by the U.S. District Court for the District of Columbia against EPA enforcing its interpretation.
EPA is proposing this rule to clarify past guidance on this issue and to provide an opportunity for public comment on its interpretation.
A copy of the October 24, 1988, letter from Charles Elkins, Director of Office of Toxic Substances, to Geraldine Cox of Chemical Manufacturers Association (the “Elkins letter”) may be obtained by contacting the TRI section of the Emergency Planning and Community Right-to-Know Hotline at (800) 424-9346.
Comments regarding either of these proposed actions outlined in the proposed rule, identified by Docket ID No. EPA-HQ-TRI-2009-0602, must be received by EPA on or before October 23, 2009.
EPA Addresses Recent Court Decision on Emissions During Start Up, Shutdown, and Malfunctions
In that decision, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated 40 CFR 63.6(f)(1) and (h)(1), which are two provisions in EPA’s General Provisions Rule promulgated under section 112 of the Clean Air Act (CAA) that exempt sources from the requirement to comply with otherwise applicable section 112(d) emission standards during periods of startup, shutdown, and malfunction.
Industry intervenors appealed the December 2008 Sierra Club decision by filing petitions for rehearing. On July 30, 2009, the DC Circuit denied these petitions. On August 5, 2009, EPA filed a motion seeking a 60-day stay of the mandate. On August 6, 2009, Industry Intervenors filed a motion to stay the mandate pending their appeal of the decision to the United States Supreme Court. Until the D.C. Circuit issues a mandate effectuating the vacatur, 40 CFR 63.6(f)(1) and (h)(1) remain in effect.
EPA has also included a copy of relevant pleadings in the Sierra Club litigation on the website. EPA intends to update this website as appropriate with additional information relating to the Sierra Club decision.
New Steps to Protect Americans from Lead Poisoning
The steps include:
- Additional proposed requirements to protect children from lead-based paint
- A new effort to ban the manufacture of lead in tire weights
- A lead poisoning prevention video contest, asking people to submit videos demonstrating steps that can be taken to prevent childhood lead poisoning
"As both EPA Administrator and as a mother, my highest priority is protecting our children from environmental threats in the places where they live, play and learn. Lead is still present in many of our neighborhoods, but we can limit exposure to children and adults by working together on comprehensive actions like these,” said EPA Administrator Lisa P. Jackson. “We’re committed to giving our nation’s children the fullest protection possible, and giving parents clear assurance that their children are safe from harm.”
The additional requirements on lead-based paint that EPA intends to propose are the result of a settlement of litigation brought by the Sierra Club, the New York City Coalition to End Lead Poisoning, and other stakeholder groups in 2008. The settlement calls for proposed revisions to the 2008 rule governing lead safe work practices used during repair, remodeling, and renovations to reduce exposures to lead-based paint hazards for young children, the most sensitive population, as well as for older children and adults.
EPA will propose to expand lead safe work practices and other protective requirements for renovation and painting work involving lead paint to most buildings built before 1978, when lead-based paint was banned for residential use. Under the proposed requirements, renovation firms would have to conduct tests to ensure that lead levels in dust comply with EPA’s regulatory standards after certain renovation, repair, and painting activities are performed and provide information to building occupants on the lead safe work practices utilized during renovations.
The agency is proposing that lead safe work practices be required at the vast majority of residential buildings and public and commercial buildings undergoing exterior renovations that involve lead-based paint. EPA will determine whether renovations in the interior of public and commercial buildings create hazardous levels of lead dust.
EPA will undertake at least three separate rulemakings to expand coverage and strengthen requirements of the 2008 Renovation, Repair, and Painting rule, which will be available for public comment.
EPA will also pursue a ban on the manufacture and distribution of lead tire weights in response to a 2009 petition from the Ecology Center, the Sierra Club, and others requesting that the agency establish regulations prohibiting the manufacture, processing, and distribution of lead tire weights. Lead weights are used predominately in the tire replacement market to balance tires of autos and light trucks in the United States. They can fall off tires and then break down and contaminate soil, wash into sewers, or end up being transported to municipal landfills or incinerators. EPA estimates that 2,000 tons of lead from tire weights are lost from vehicles and ultimately end up in the environment each year. Tire weights without lead are already being used and can be effectively substituted.
Finally, in order to further educate the public on the potential dangers of lead poisoning, EPA, the Department of Housing and Urban Development (HUD), and the Centers for Disease Control and Prevention (CDC) are soliciting creative videos from the public for a lead poisoning prevention video contest. The agencies are interested in videos that convey easy, low-cost steps that can be taken to prevent childhood lead poisoning and inspire individuals and communities to change their behavior to prevent exposure to this harmful chemical. Examples of possible video topics include:
- Educating the public about the dangers of lead poisoning in children
- Steps you can take to prevent children from lead dust poisoning if they spend time in older homes, schools, or child care settings
- The importance of hiring a trained professional to conduct safe renovation, repair, or painting work that involves lead-based paint
- Simple safe work practices to follow when renovating a home with lead-based paint
- The importance of getting your child tested for lead if you live in an older home
The deadline for entries is October 1, 2009 at 12:00 p.m. Eastern Daylight Time. The winners will be awarded cash prizes in the amount of $2,500 (1st prize), $1,500 (2nd prize), and $1,000 (3rd prize). Winning videos will be featured on EPA, CDC, and HUD’s websites. Winners will be announced during Lead Poisoning Prevention Week, October 25-31, 2009.
Lead causes a variety of adverse health effects, including brain and nervous system disorders, high blood pressure and hypertension, and reproductive problems. For children, even low levels of exposure to lead can cause a host of developmental effects such as learning disabilities, decreased intelligence, and speech, language, and behavioral problems, which can impact children for a lifetime.
$300 Million to Support Clean Fuels, Vehicles, and Infrastructure Development
Energy Secretary Steven Chu has announced the selection of 25 cost-share projects under the Clean Cities program that will be funded with nearly $300 million from the American Recovery and Reinvestment Act. The goal is that these projects will create jobs, limit pollution, and reduce America’s dependence on foreign oil.
The projects will speed the transformation of the nation’s vehicle fleet, putting more than 9,000 alternative fuel and energy efficient vehicles on the road, and will establish 542 refueling locations across the country. The Department of Energy also estimates the projects will help displace approximately 38 million gallons of petroleum per year.
“The Clean Cities program is helping give state and local governments the tools they need to build a greener transportation system that will create new jobs and help to put America on the path to a clean energy future,” said Secretary Chu. “Advancing the number of alternative fuel and advanced technology vehicles on the road will increase our energy security, decrease our dependence on oil, and reduce pollution across the country.”
Under the Recovery Act, the Clean Cities program will fund a range of energy efficient and advanced vehicle technologies, such as hybrids, electric vehicles, plug-in electric hybrids, hydraulic hybrids, and compressed natural gas vehicles, helping reduce petroleum consumption across the U.S. In addition, funding will support refueling infrastructure for various alternative fuel vehicles, including biofuels and natural gas. Other efforts under the Clean Cities program include public education and training initiatives to further the program’s goal of reducing the national demand for petroleum.
The projects announced by Secretary Chu will support a combined total of more than 9,000 light, medium, and heavy-duty vehicles and establish 542 refueling locations across the country. The vehicles and infrastructure being funded include the use of natural and renewable gas, propane, ethanol, biodiesel, electricity, and hybrid technologies. With the cost share contributions from the recipients, every federal dollar spent will be matched by nearly two dollars from the project partners.
Recently, the Department of Energy also announced that it had selected 23 projects for up to $15 million in annual appropriations funding. Like the Recovery Act-funded projects, the annual Clean Cities projects include grants for vehicles, infrastructure, and education.
Clean Cities is a government-industry partnership that works to reduce America’s petroleum consumption in the transportation sector. Over the last 15 years, the Clean Cities program has established local coalitions across the country that promote the growth of alternative fuels and showcase the potential of advanced and energy efficient vehicles.
The projects included in the DOE’s announcement will receive a financial award. The final details and funding level of each project is subject to modification based on further contract negotiations between the selected entity and DOE.
World’s Largest Companies Need to Double the Pace of CO2 Reduction to Avoid Climate Change
The report indicates that the Global 100 are currently on track for an annual reduction of just 1.9% per annum which is below the 3.9% needed in order to cut emissions in developed economies by 80% in 2050. According to the Intergovernmental Panel for Climate Change (IPCC), developed economies must reduce greenhouse gas emissions by 80-95% by 2050 in order to avoid dangerous climate change.
The research report was conducted by the CDP, based on data reported to CDP in 2008*, and supported by British Telecommunications (BT), to analyze how the world’s largest 100 companies currently set greenhouse gas emissions reduction targets and whether they are sufficient to combat long term climate change.
Of those emissions reduction targets with a deadline, 84% are set up to and including 2012, which correlates with the final year of the Kyoto Protocol and suggests that businesses may be waiting to hear outcomes of the UN Conference of the Parties meeting in Copenhagen this December before they set longer term reduction goals.
BT’s Chief Sustainability Officer, Chris Tuppen, commented, “Most large companies now measure their carbon footprint and many have set carbon reduction targets. But how many of those targets are actually in line with the required reductions to prevent dangerous climate change? The research highlights a significant gap between what is needed from the corporate sector and what’s currently promised. We in the business world need to find a way of closing this carbon chasm.”
Paul Dickinson, CEO of the Carbon Disclosure Project, an independent not-for-profit organization that holds the largest database of primary corporate climate change information in the world, said, “While 73% of Global 100 companies have set some form of reduction target, the majority need to be far more aggressive if they are to achieve the long-term reductions required.
This is a time of huge opportunity for businesses to gain competitive advantage by reducing their own impact on the climate and benefit from associated cost savings, as well as sparking major innovation around the production of new, lower carbon products and services.”
Businesses cite various motivations for setting emissions reductions targets including identifying inefficiencies in corporate operations to achieve cost savings and stimulate innovation; minimizing GHG associated risks while preparing for potential future regulation; and achieving competitive advantage. However, as motivations are largely driven by market forces rather than scientific recommendations, Global 100 targets often fail to deliver the required cuts.
The report highlights some recommendations to close the current carbon chasm:
- Every company should set a CO2-e reduction target.
- Targets must have clear baseline and target years.
- Governments need to agree clear medium and long-term reduction goals in Copenhagen to provide a framework for business to set required targets.
- Company targets should reflect the IPCC scientific recommendations and while absolute targets are preferred for clarity, aggressive intensity targets can also deliver.
The research also revealed a vast array of targets which present challenges in assessing one against another. Greater harmonization in setting targets in line with the science is required and this consistency will assist in revealing the leaders as well as those that lag behind in emissions reductions and ensure that major cuts are pursued in the short, medium, and long term in order to permanently close the carbon chasm.
* Note that companies report climate change data to CDP annually. This research report is based on the most recent data provided by 92% of the world’s 100 largest publicly quoted companies in 2008. CDP also conducted in-depth interviews with executives at 12 of the Global 100 companies on target setting.
EPA Hires New Contractor to Handle TRI Trade Secret Claims and Invites Submission of Comments
The Federal Register notice serves to let the public know that EPA’s authorized representative is changing and provides the public with an opportunity to comment on this action.
Under Section 322 of the Emergency Planning and Community Right-to- Know Act (EPCRA or SARA Title III), facilities submitting TRI reports may be eligible to claim Trade Secret for the specific chemical identity of a toxic chemical being reported. Information entitled to trade secret or confidential treatment may not be disclosed by the Agency to the Agency’s authorized representative until each affected submitter has been furnished notice of the contemplated disclosure by the EPA program office and has been afforded opportunity to submit its comments.
The contract to manage the TRI data submissions was awarded to the Computer Sciences Corporation (CSC) in 2001. This contract will end September 30, 2009. A new contract was awarded to CGI, Inc., on April 1, 2009. The management of TRI data submissions will transition to CGI by the end of September 2009, and will remain with CGI through March 30, 2012. This new facility will be located in Fairfax, Virginia.
Effective July 30, 2009, certified mail should be sent to CGI Federal, C/O CDX Reporting Center, 12601 Fair Lakes Circle, Fairfax, Virginia, 22033. All other submissions should be sent to the TRI Reporting Center, P.O. Box 10163, Fairfax, Virginia, 22038.
Comments must be submitted by August 31, 2009, and must be limited to the change of contractor handling trade secret and confidential information submitted to TRI under EPCRA reporting requirements.
NOAA Study Shows Nitrous Oxide is Now the Top Ozone-Depleting Emission
Nitrous oxide has now become the largest ozone-depleting substance emitted through human activities, and is expected to remain the largest throughout the 21st century, NOAA scientists say in a new study.
For the first time, this study has evaluated nitrous oxide emissions from human activities in terms of their potential impact on Earth’s ozone layer. As chlorofluorocarbons (CFCs), which have been phased out by international agreement, ebb in the atmosphere, nitrous oxide will remain a significant ozone-destroyer, the study found. Today, nitrous oxide emissions from human activities are more than twice as high as the next leading ozone-depleting gas.
Nitrous oxide is emitted from natural sources and as a byproduct of agricultural fertilization and other industrial processes. Calculating the effect on the ozone layer now and in the future, NOAA researchers found that emissions of nitrous oxide from human activities erode the ozone layer and will continue to do so for many decades.
ESRL tracks the thickness of the ozone layer, as well as the burden of ozone-depleting compounds in the atmosphere. It maintains a large portion of the world air sampling and measurement network. NOAA scientists also conduct fundamental studies of the atmosphere and atmospheric processes to improve understanding of ozone depletion and of the potential for recovery the ozone layer.
“The dramatic reduction in CFCs over the last 20 years is an environmental success story. But manmade nitrous oxide is now the elephant in the room among ozone-depleting substances,” said Ravishankara, lead author of the study and director of the ESRL Chemical Sciences Division in Boulder, Colorado.
The ozone layer serves to shield plants, animals, and people from excessive ultraviolet light from the sun. Thinning of the ozone layer allows more ultraviolet light to reach the Earth’s surface where it can damage crops, aquatic life, and harm human health.
Though the role of nitrous oxide in ozone depletion has been known for several decades, the new study is the first to explicitly calculate that role using the same measures that have been applied to CFCs, halons, and other chlorine- and bromine-containing ozone-depleting substances.
With CFCs and certain other ozone-depleting gases coming in check as a result of the 1987 Montreal Protocol, the international treaty that phased out ozone-destroying compounds, manmade nitrous oxide is becoming an increasingly larger fraction of the emissions of ozone-depleting substances. Nitrous oxide is not regulated by the Montreal Protocol.
Nitrous oxide is also a greenhouse gas, so reducing its emission from manmade sources would be good for both the ozone layer and climate, the scientists said.
In addition to soil fertilization, nitrous oxide is emitted from livestock manure, sewage treatment, combustion, and certain other industrial processes. Dentists use it as a sedative (so-called laughing gas). In nature, bacteria in soil and the oceans break down nitrogen-containing compounds, releasing nitrous oxide. About one-third of global nitrous oxide emissions are from human activities. Nitrous oxide, like CFCs, is stable when emitted at ground level, but breaks down when it reaches the stratosphere to form other gases, called nitrogen oxides, which trigger ozone-destroying reactions.
NOAA understands and predicts changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources.
Tennessee Demolition and Salvage Companies Indicted for CAA Violations and Defrauding the United States
Two demolition and salvage companies and three of their respective owners and supervisors were indicted on August 25, 2009, by a federal grand jury in Chattanooga, Tennessee. The indictment describes a year-long scheme in which the former Standard Coosa Thatcher plant in Chattanooga was illegally demolished while still containing large amounts of asbestos. The indictment goes on to allege that any asbestos that was removed from the plant prior to demolition was removed illegally, scattered in open debris piles, and left exposed to the elements in the vicinity. The indictment also alleges the efforts owners and supervisors made to cover up their illegal activities by falsifying documents and lying to federal authorities.
The eleven-count indictment charges the defendants with conspiracy to defraud the United States and to violate the CAA. The two companies and three individuals are also charged with violating the CAA’s “work-practice standards” intended to prevent releases of asbestos, making false statements to special agents of the U.S. EPA, and obstructing justice.
The companies and individuals who have been indicted are:
- Watkins Street Project LLC, Chattanooga, Tenn., a land-holding and salvage company
- Mathis Construction Inc., Chattanooga, Tenn., a demolition company
- Donald Fillers, an owner of Watkins Street Project LLC
- James Mathis, an owner of Mathis Construction Inc.
- David Wood, a supervisor for Watkins Street Project LLC
The conspiracy and substantive CAA, and false statements counts of the indictment each carry a maximum possible term of five years in prison and a fine of $250,000, twice the gross gain or twice the gross loss to a victim. The obstruction of justice count of the indictment carries a maximum possible term of 20 years in prison and similar fines.
Asbestos has been determined to cause lung cancer, asbestosis, and mesothelioma, an invariably fatal disease. EPA has determined that there is no safe level of exposure to asbestos.
The allegations in the indictment are mere accusations and all persons are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
U-Haul Forced to Improve Handling of Hazardous Materials
California’s Attorney General, Edmund G. Brown Jr., and eight District Attorneys have reached an agreement requiring U-Haul Company of California to “clean up its act” and improve the way it handles and disposes of hazardous materials at its 179 regulated facilities throughout the state.
“U-Haul has turned a blind eye to California’s hazardous materials laws for years, even after an explosion and fire severely damaged one of its facilities,” Brown said. “This agreement forces U-Haul to clean up its act and improve the way it handles hazardous materials, plans for emergencies and trains employees.”
U-Haul’s hazardous materials practices first came under scrutiny in November 2004, following an explosion and two-alarm fire at a Santa Rosa facility, which resulted in flash burns to an employee.
The emergency response team that arrived on the scene had difficulty assessing the situation due to the lack of information about stored hazardous materials. The facility had no site map indicating where hazardous materials were stored as required by law, and employees had failed to properly label flammable materials including gasoline. The building was damaged in the fire and was ultimately closed.
Subsequently, California’s Attorney General’s office and eight District Attorneys launched a 2-year statewide investigation into U-Haul’s handling of hazardous materials and training of employees. The investigation revealed violations at virtually all of U-Haul’s 179 California regulated facilities. Despite being repeatedly notified of the violations, U-Haul did not address them.
The violations U-haul has been charged with include:
- Improper storage of hazardous waste such as oil filters and pans, waste gasoline, and car batteries;
- Improper transport of hazardous waste; and
- Lack of statutorily mandated hazardous material business plans and emergency response plans.
The Attorney General’s office, joined by the District Attorneys of Sonoma, Alameda, Sacramento, San Joaquin, Solano, San Francisco, Santa Clara, and Riverside, filed suit on July 27, 2006, seeking penalties and a permanent injunction to enforce compliance with hazardous materials and hazardous waste laws.
The agreement resolves the lawsuit and requires U-Haul to:
- Complete and maintain statutorily mandated hazardous material business plans and emergency response plans for regulated facilities;
- Retain an environmental coordinator who will oversee, monitor and submit annual reports on the company’s compliance;
- Inspect hazardous waste storage areas at regulated facilities on a weekly basis;
- Properly transport hazardous waste; and
- Pay $2 million in costs and penalties.
First Chemical Corporation to Pay $731,000 in Fines for CAA Violations
In this action, the United States sought civil penalties and injunctive relief against First Chemical Corporation for alleged violations of the general duty of care under Section 112(r)(1) of the CAA, with respect to a chemical manufacturing complex, located in Pascagoula, Mississippi. The company failed to identify the hazards associated with distilling mononitrotoluene (MNT), and failed to maintain a safe facility by reducing the risks associated with MNT.
The United States has agreed to resolve these claims under the proposed Consent Decree with First Chemical Corporation agreeing to pay $731,000 in civil penalties, and perform injunctive relief in terms of completing a process hazards analysis relative to the MNT distillation process.
Industrial Launderer Will Pay $525,000 for Clean Water Act Violations
The complaint alleges that Ameripride violated Federal pretreatment standards and State permit limitations in relation to discharges from its Hartford, Connecticut laundry facility which contained excess pH, oil/grease, and metals. The Consent Decree requires that Ameripride pay a civil penalty of $525,000 and submit periodic reports relating to its future compliance with the Act.
From July of 2001 through March of 2008, AmeriPride’s wastewater discharge repeatedly violated the “National Pretreatment Standard” prohibiting the discharge of wastewaters with a pH lower than 5.0 Standard Units in violation of the Clean Water Act (CWA). AmeriPride’s wastewater discharges also frequently violated industrial discharge limitations for pH, oil and grease, total zinc, total lead, and total copper imposed in a May 31, 2001, industrial discharge permit that the State of Connecticut issued to AmeriPride. Despite years of numerous violations, AmeriPride did not fully resolve its wastewater violations until March of 2008 when AmeriPride completed the installation of a new industrial wastewater treatment system.
The effects of introducing acidic and/or alkaline industrial wastewaters into sewer systems and wastewater treatment plants are well documented. The introduction of acidic and/or alkaline industrial wastewaters into a sanitary sewer system has the potential to corrode piping and equipment in both the wastewater collection system and the treatment plant itself and to create a dangerous working environment for sewage treatment plant workers. Sewer pipe corrosion from the introduction of acidic and or alkaline industrial wastewaters can cause disruptions in service, leakage of raw sewage to ground and surface waters, require the replacement of sewer lines and pumping stations, and result in injuries to sewer workers.
The effects of the discharge of excessive amounts of oil and grease into a sanitary sewer system can be detrimental and costly to a municipality. If excessive amounts of oil and grease enter the wastewater collection system, it readily adheres to the inner surface of piping materials. The accrued layers harden into a crust as tough as baked clay, becoming a primary cause for clogs, backups, overflows and equipment failure, ultimately requiring replacement of the pipes. EPA estimates that there are over 40,000 sanitary sewer overflows nationally each year, the majority of which are caused by grease buildup.
AmeriPride rents and sells work apparel and also provides industrial and commercial laundering services. AmeriPride, a privately held corporation, has its headquarters in Minnetonka, Minnesota. AmeriPride has over 190 production facilities and service centers throughout the United States and Canada. AmeriPride has approximately 6,000 employees nationwide and in Canada.
EPA and DOJ Reach Agreement with Vertellus on Clean-Air Violations: Company will Pay $425,000 Penalty
EPA and the U.S. Department of Justice have reached an agreement with Vertellus Agriculture and Nutrition Specialties LLC, on alleged clean-air violations at the company’s agricultural and nutritional chemical plant in Indianapolis, Indiana.
The agreement, which includes a $425,000 penalty and a $705,000 supplemental environmental project (SEP), resolves EPA allegations that Vertellus failed to comply with leak detection and repair requirements of the national emission standards for hazardous air pollutants.
Vertellus has already taken steps to come back into compliance by installing a new incinerator to control hydrogen cyanide and benzene emissions and to implement a comprehensive set of leak detection and repair practices that go beyond regulatory requirements.
The leak detection and repair practices include an innovative program to replace valves with new low-leak valve technology and to monitor and repair equipment that is leaking at a lower rate than is required by regulations to further reduce fugitive hazardous air pollutant emissions.
For its SEP, Vertellus has agreed to complete a two-year process to upgrade pumps with technology that will eliminate fugitive emissions of hazardous air pollutants.
Wamego Sand Company Agrees to $95,000 Civil Penalty for Violations of CWA
Wamego Sand Company, Inc., has agreed to pay a $95,000 civil penalty to settle allegations that it violated the CWA at its Midwest Concrete Materials Company facility in Manhattan, Kansas.
According to a civil complaint and consent agreement filed in Kansas City, Kansas, EPA Region 7 determined that the facility substantially exceeded the effluent limits of its storm water permit over nearly a four-year period, beginning in 2005. The company also violated sampling, reporting, recordkeeping, and inspection requirements of that permit, according to the filing.
Permit effluent limits are imposed to protect aquatic life and water quality. As runoff flows through ready-mix concrete and sand and gravel facilities, it can pick up pollutants, including sediment, used oil, solvents, and other debris. Polluted runoff can harm or kill fish and wildlife, and impact drinking water quality.
Runoff from the Midwest Concrete facility is discharged into the Kansas River, which is currently classified by the State of Kansas as being an impaired water body.
The federal CWA requires that industrial facilities, such as ready-mix concrete plants, sand and gravel facilities, and asphalt batching plants have controls in place to prevent pollutants from being discharged with storm water into nearby waterways.
Since being notified of the violations by EPA after a June 2008 inspection, Wamego Sand has made significant improvements to its storm water management systems.
$43,082 Penalty for Violations of NPDES Storm Water Management Permit
Knife River Midwest, LLC, has agreed to pay a $43,082 civil penalty to settle alleged violations of the federal CWA at its former sand, gravel, concrete, and asphalt plant located in Decorah, Iowa.
According to a consent agreement filed in Kansas City, Kansas, an inspection of the plant by EPA Region 7 on August 7, 2008, found several violations of the facility’s National Pollution Discharge Elimination System (NPDES) permit for industrial storm water management.
The penalty was imposed for Knife River’s failure to implement best management practices, failure to conduct required sampling, failure to retain records, failure to conduct and record visual inspections, and failure to maintain and update an adequate storm water pollution prevention plan (SWPPP). Knife River’s Decorah, Iowa, facility discharged runoff into the Upper Iowa River.
Knife River Midwest, LLC, headquartered in Bismarck, North Dakota, sold the Decorah plant in December 2008. Knife River Midwest, LLC, owns several other facilities throughout Iowa and the upper Midwest.
“EPA expects industries to properly maintain their pollution control permits, and to honor the terms of those permits,” said Art Spratlin, director of EPA Region 7’s Water, Wetlands, and Pesticides Division. “We are committed to enforcing the CWA to ensure that our nation’s waterways are protected.”
Aircraft Equipment Manufacturer Will Pay Over $12,000 for Failing to Report Dangerous Chemicals
GKN Aerospace Chemtronics, an aircraft parts manufacturer in Kent, Washington, failed to properly report its use and storage of hazardous chemicals to EPA, state, and local agencies in violation of the Emergency Planning and Community Right-to-Know Act ). The company will pay a fine of over $12,000 and has agreed as part of the settlement to perform a two-year project worth $50,000 to provide the City of Kent with an emergency telephone notification system that can quickly warn the public in the event of a chemical release or other emergency.
“It’s critical that companies report the storage and release of toxic chemicals—if they don’t, public safety is jeopardized in an emergency,” said Edward Kowalski, EPA’s Director of the Office of Compliance and Enforcement in Seattle. “Companies need to minimize public risk from hazardous chemicals by following the law.”
EPA alleges that in 2006, GKN failed to report its releases, waste management activities, and transfers of nitric acid, a dangerous substance that can cause severe burns and explosions, under the reporting requirements of EPA’s Toxic Release Inventory (TRI) program. GKN used approximately 12,000 pounds of nitric acid in 2006, exceeding the Toxic Release Inventory reporting threshold of 10,000 pounds, applicable to their operations.
In addition, EPA alleges that in 2007 the company stored approximately 8,000 pounds of hydrofluoric acid and 34,000 pounds of nitric acid, but did not report this storage to the appropriate government agencies under the hazardous chemical reporting requirements of EPCRA. The threshold for reporting storage of hydrofluoric acid, an extremely hazardous substance that can cause severe burns, is 100 pounds. The threshold for nitric acid is 1,000 pounds.
Emergency responders rely on this information for their safety and to help protect nearby residents during an emergency, such as a fire or earthquake. Citizens can also access the information to find out what chemicals are being stored and used in their neighborhoods.
Pennsylvania DEP Fines Gas Field Specialist Inc., for Illegal Water Transfer Station
Pennsylvania DEP has fined Gas Field Specialist Inc., of Shinglehouse, Pennsylvania, $3,000 for operating an unpermitted residual wastewater transfer station in Dunnstable Township.
“DEP’s investigation in May determined that Gas Field Specialist was transporting waste ‘fracking’ water from a natural gas well in West Burlington Township, Bradford County, to three tank trailers at the Clinton County site,” said DEP Northcentral Regional Director, Robert Yowell. “The fracking water was being stored there for later transport to the Jersey Shore sewage treatment plant.”
Fracking involves injecting water and chemicals deep underground to release natural gas that is locked in difficult to reach areas.
Gas Field Specialist officials told DEP the wastewater was being transported to the Clinton County site for temporary storage because the drilling site where the wastewater was generated did not have ample storage area and the Jersey Shore sewage treatment plant was unable to accept the wastewater. The company’s operation was a violation of the Pennsylvania Solid Waste Management Act because it did not have a DEP transfer station permit as required by law.
“DEP has since learned of several other similar operations being conducted in northcentral Pennsylvania and we will be taking appropriate enforcement action against those companies, as well,” Yowell said.
The fine was paid to the Solid Waste Abatement Fund that pays for cleanups across the state.
Kass Bros. Fined for Violating SPCC Regulations
EPA has fined Kass Bros. Office & Maintenance Shop Facility $1,950 for violating federal Spill Prevention, Control, and Countermeasure (SPCC) regulations outlined under the CWA. A federal inspection of a bulk storage facility owned by Kass Bros., Inc., in Harvey, Louisiana, on May 21, 2009, revealed the facility’s SPCC plan had inadequate or no information and procedures for reporting a discharge and inadequate or no prediction of equipment failure which could result in discharges. Inspections and tests required by federal regulations did not follow written procedures developed for the facility, were not kept with the SPCC plan, and were not maintained for three years which is also required by federal regulations.
Personnel working at the site had no training on the operation and maintenance of equipment to prevent discharges, no training on discharge procedure protocols, and no training on applicable pollution control laws, rules, and regulations. The inspection also found spill prevention briefings were not scheduled and conducted periodically, the SPCC plan had inadequate or no discussion of site security, secondary containment was inadequate for mobile or portable storage tanks, and was inadequate or did not discuss facility transfer operations, pumping, and facility processes. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.
SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness, and response to prevent oil discharges. The SPCC program helps protect our nation’s water quality.
EPA Orders Village of Port Chester, New York, to Improve the Way it Handles Storm Water
EPA has ordered the village of Port Chester, New York, to improve the way it handles run-off from rainwater and to correct violations of the federal CWA after EPA sampling revealed high levels of two types of bacteria in village storm water. Storm water, which is from rainfall or melting snow, can pick up debris, chemicals, dirt, and other pollutants from surfaces before it flows into a body of water. Port Chester discharges storm water into the Byram River, which empties into Long Island Sound.
“Improper management of storm water can have serious environmental consequences for our harbors, rivers, lakes and streams,” said EPA Acting Regional Administrator George Pavlou. “Long Island Sound is already a stressed waterbody, and run-off is one of the bigger culprits, so it’s important that EPA remains vigilant in holding accountable anyone who doesn’t handle their storm water properly.”
In June 2008 and April 2009, EPA sampled storm water at several locations around Port Chester and both times found levels of the bacteria fecal and total coliform that exceeded New York’s state water quality standards. Both bacteria can lead to health problems in people and many aquatic species. Port Chester’s failure to control discharges of the polluted storm water violated requirements of the National Pollution Discharge Elimination System, a program under the federal CWA that regulates storm water discharges associated with sewer systems. Port Chester also failed to fully implement its storm water management plan, which New York State requires of municipalities that discharge storm water.
Under EPA’s order, Port Chester must prepare, implement, and enforce a storm water management program to identify and correct improper sources of bacteria discharges by December 31, 2009. Port Chester must also monitor storm water discharges for six months after the plan has been established to ensure bacteria discharge problems have been corrected, and they must report their findings to EPA and the New York State Department of Environmental Conservation.
United States and Illinois File CAA Lawsuit Against Midwest Generation
The United States and the state of Illinois have filed a civil complaint against Midwest Generation LLC, alleging that the company violated, and continues to violate, the CAA. The complaint alleges that Midwest Generation made major modifications to its coal-fired power plants in Illinois without also installing and operating required pollution control equipment. As a result, Midwest Generation’s six Illinois power plants, which have a combined capacity of more than 6,000 megawatts, are illegally emitting massive amounts of sulfur dioxide, nitrogen oxide, and particulate matter. The complaint also alleges that emissions from Midwest Generation violated opacity and particulate matter limits.
The lawsuit, filed by the Justice Department on behalf of the EPA and the state of Illinois Attorney General’s Office, asks the court to order Midwest Generation to install and operate state-of-the-art air pollution control technology to substantially reduce emissions from the Midwest Generation power plants. The United States and the state of Illinois also seek civil penalties up to the maximum amount authorized by law, as well as actions by Midwest Generation to mitigate the adverse public health and environmental effects caused by the violations.
Coal-fired power plants collectively produce more pollution than any other source in the United States. Emissions from coal-fired power plants cause detrimental health effects, including heart attacks, respiratory disease, and premature mortality. To combat these adverse effects, the EPA and the Justice Department are pursuing a national initiative, targeting electric utilities whose coal-fired power plants violate the law. The suit was filed in the U.S. District Court for the Northern District of Illinois.
The Climate Registry Releases Four Documents for Public Comment
Public comment for all four documents will be open until 5:00 p.m. PDT on Friday, September 25, 2009.
Aetna Insulated Wire, Inc., Commits to Reduce Lead in Company Operations by 85,000 Pounds
Aetna Insulated Wire, Inc., of Virginia Beach, Virginia (a manufacturer of specialty cable and building wire for electrical distributors) has reduced the use of lead in its products by 85,000 pounds through its EPA National Partnership for Environmental Priorities (NPEP) commitment. The NPEP voluntary program encourages organizations to commit to eliminate, reuse, or reduce any of 31 priority toxic chemicals to improve the environment. The partnership encourages innovation, efficiency, saving money, and increasing profit while reducing pollution.
Aetna substituted its use of lead as a heat stabilizer in its insulation/protective coatings products and is now offering lead-free alternatives to customers. In 2006 the total lead in Aetna’s products was estimated at 135,859 pounds. In 2008 the total lead used in products was reduced to 50,715 pounds.
The State of U.S. Corporate Environmental Policy and Management
The Sustainable Enterprise Institute has released its first major published work, addressing U.S. corporate environmental policy, management, and disclosure practices.
The study finds that while more than half of these companies have an environmental policy of some form, most are lacking a number of key elements. In addition, evidence of the systems, practices, and other infrastructure needed to implement and uphold a comprehensive environmental policy is notably absent in most of these firms. These shortfalls present a significant challenge to investors and other company stakeholders who seek to understand the sophistication and effectiveness of corporate environmental management activities, and the attendant effects that these elements (or lack thereof) have on company business risk and that value future assets, liabilities, revenues, earnings, and cash flows.
The authors suggest a number of improvements, including more rigorous environmental (or sustainability) policies, greater use of formal management systems, more clear explication of company environmental (and business/financial goals), and far more extensive, consistent, and regular disclosure.
