DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) requires both shippers and carriers of certain types or amounts of hazardous material to register and pay a fee each year by June 30.
The following hazardous materials and/or hazardous wastes carried on board a vehicle or offered for shipment at any one time trigger annual registration:
- A highway route-controlled quantity of a Class 7 (radioactive) material;
- More than 25 kg (55 lb) of a Division 1.1, 1.2, or 1.3 (explosive) material;
- More than one liter (1.06 quarts) per package of a material extremely toxic by inhalation (that meets the criteria for hazard zone A);
- A shipment of a quantity of hazardous materials in a bulk packaging having a capacity equal to or greater than 13,248 liters (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids;
- A shipment in other than a bulk packaging of 2,268 kg (5,000 lb) gross weight or more of one class of hazardous materials for which placarding is required; or
- A quantity of hazardous material that requires placarding.
The registration fees for the 2011-2012 year are:
- $250 for small businesses and organizations, plus a $25 registration fee
- $2,575 for large businesses and organizations, plus a $25 registration fee
Registrations for multiple years are allowed and result in a savings of $25/yr.
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EPA Extends Public Comment on Mercury and Air Toxics Standards/Extension Will have No Impact on Timeline for Finalizing Standards
In response to requests from members of Congress and to encourage additional public comment, EPA has extended the timeline for public input by 30 days on the proposed mercury and air toxics standards, an extension that will not alter the timeline for issuing the final standards in November 2011.
“EPA will put these long-overdue standards in effect in November, as planned. In our effort to be responsive to Congress and to build on the robust public comment process, we will extend the timeline for public input by 30 days, which will not impact the timeline for issuing the final standards,” said Administrator Jackson. “These standards are critically important to the health of the American people and will leverage technology already in use at over half of the nation’s coal power plants to slash emissions of mercury and other hazardous pollutants. When these new standards are finalized, they will assist in preventing 11,000 heart attacks, 17,000 premature deaths, 120,000 cases of childhood asthma symptoms and approximately 11,000 fewer cases of acute bronchitis among children each year. Hospital visits will be reduced and nearly 850,000 fewer days of work will be missed due to illness.”
EPA proposed the first ever national mercury and air toxics standards in March. The standards will be phased in over three years, and states have the ability to give facilities a fourth year to comply. Currently, more than half of all coal-fired power plants already deploy widely available pollution control technologies that are called for to meet these important standards. Once they are final in November, these standards will ensure the remaining coal-fired plants, roughly 44%, take similar steps to decrease dangerous pollutants.
EPA Proposes Hazardous Waste Manifest Printing Specifications Correction Rule
Specifically, this action proposes to amend the current printing specification regulation to indicate that red ink, as well as other distinct colors, or other methods to distinguish the copy distribution notations from the rest of the printed form and data entries are permissible. This proposed change would afford authorized manifest form printers greater flexibility in complying with the Federal hazardous waste manifest printing specifications.
Written comments must be received by July 22, 2011. See the Federal Register notice for more information, including information on submitting comments.
Iowa Man Sentenced to 41 Months in Prison for Conspiring to Violate the Clean Air Act
Bobby Joe Knapp, of West Des Moines, Iowa, has been sentenced by U.S. District Judge James E. Gritzner to 41 months in prison for conspiring to violate the Clean Air Act. The former owner and operator of the Equitable Building in downtown Des Moines, Iowa, was also sentenced for violating Clean Air Act asbestos work practice standards for his role during the renovation of more than 10 floors of the building between 2005 and 2008. Exposure to asbestos increases the risk of developing lung cancer and other respiratory diseases. Knapp’s prison sentence will be followed by two years of supervised release and 300 hours of community service. He must also pay a $12,500 fine and $200 crime victim special assessment fee.
“Ignoring the safeguards put into place to protect workers and the public from the risk of exposure to asbestos is inexcusable,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentence reflects the seriousness of the crime and sends a strong warning to anyone thinking of cutting corners to save money at the expense of people’s health.”
“Knapp’s illegal conduct put at risk the health of workers who lacked basic training and protective equipment,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. “The Clean Air Act work practice standards are designed to protect people’s health from real dangers, and we will hold violators fully responsible for their actions.”
On March 18, 2011, Knapp pleaded guilty to one count of conspiracy to violate the Clean Air Act and one count of failing to remove all regulated material containing asbestos from the Equitable Building before beginning the renovation project at the building from 2005 until 2008. Knapp owned the building and oversaw the renovation project, which involved converting several floors into luxury residential condominium units, and renovating other floors to attract additional commercial tenants.
In the plea agreement, Knapp admitted that he conspired with Russell Coco, who was also charged and pleaded guilty to the same counts on February 15, 2011, to remove materials containing asbestos from the Equitable Building without complying with the requirements of the Clean Air Act.
According to testimony presented at sentencing, while Knapp was overseeing the project, material containing asbestos was removed from the building and disposed of in an uncovered dumpster. The testimony also showed that the demolition work was performed by workers who were not provided with personal protective equipment to reduce exposure to the asbestos. Testimony also showed that the building workers, one of whom was disabled, and tenants, were exposed to large amounts of dust that resulted from the demolition. A worker testified that the workers were not instructed to wet tiles containing asbestos before and during the demolition process, which increased their exposure to dust.
The Clean Air Act requires that owners of public buildings that contain asbestos follow federally established work practice standards to ensure the safe removal of the asbestos. The required standards include providing notice to the U.S. Environmental Protection Agency (EPA) before starting asbestos removal, adequately wetting the asbestos during the removal and before disposal, and properly disposing of the asbestos at an EPA-approved disposal site.
The case was investigated by EPA and the Iowa Department of Natural Resources. The case was prosecuted by the U.S. Attorney’s Office for the Southern District of Iowa and the U.S. Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Maryland Safety Inspector Pleads Guilty to Taking Bribes Private Vehicle Inspection Stations Paid Kickbacks
Attorney General Douglas F. Gansler announced that former Maryland State Police civilian employee Dennis Michael Kennedy, 56, of Bel Air, entered a plea of guilty to three counts of Bribery of a Public Employee and was sentenced yesterday. Baltimore City Circuit Court Judge Lawrence Fletcher-Hill sentenced Kennedy to two years of incarceration, all of which was suspended, and ordered him to complete two years of supervised probation during which he must complete 100 hours of community service in the first 6 months. As part of the plea agreement, Kennedy also paid $9,718 to the Maryland State Police for costs attributable to the investigation.
“This case goes beyond the illegal acts of a public employee selling safety inspection certificates,” said Attorney General Douglas F. Gansler. “Legitimate and thorough vehicle safety inspections help to keep Maryland families as safe as possible while we are on the road.”
Since 2006, Dennis Michael Kennedy had been employed as a Vehicle Safety Inspector in the Maryland State Police’s Automotive Safety Enforcement Division (ASED). ASED is responsible for overseeing the State’s vehicle safety inspection program, and is the central repository and clearing house for Safety Equipment Repair Orders issued by all law enforcement agencies. Maryland law requires all used vehicles that are to be re-titled in this State must have a complete vehicle safety inspection conducted prior to registration. As a Vehicle Safety Inspector, Kennedy oversaw approximately 60 service stations throughout Baltimore City which were licensed to conduct those safety inspections and issue certifications. Amongst his job responsibilities, Kennedy was required to routinely test mechanics, ensure that stations were properly equipped to conduct vehicle inspections and make certain that all vehicle inspection certificates were issued appropriately.
In July of 2010, ASED personnel received a tip that Kennedy was accepting cash kickbacks from owners of various service stations he oversaw. In exchange for the kickbacks, he would ignore or minimize service station shortcomings relating to their vehicle inspection practices. Following an extensive investigation, three additional witnesses admitted to paying Kennedy for favorable treatment as well as inspection certificates which they sold without conducting safety inspections. An audit of all inspection stations under Kennedy’s watch revealed that 70% were non-compliant. Kennedy was interviewed and admitted to accepting cash payments from the station owners.
The conviction follows a joint investigation by the Attorney General’s Criminal Division, and the Maryland State Police. In making this announcement, Attorney General Gansler thanked the Maryland State Police for their aggressive and exhaustive investigation of the matter, and also thanked Assistant Attorney General Megan Davey Limarzi for her work on the case.
Klamath Falls Mini Marts Pay $30,000 Penalty for Failing to Check Tanks for Leaks
The owners and operators of three AMA Mini Mart gas stations in Klamath Falls, Oregon, have agreed to pay $30,000 for failing to properly monitor seven underground petroleum storage tanks (USTs) for leaks for over two years.
Under federal and state rules, owners and operators of USTs are required to test tanks for leaks on a monthly basis in order to protect groundwater from pollution.
According to Edward Kowalski, EPA’s Director of the Office of Compliance and Enforcement in Seattle, leaking tanks can also endanger drinking water.
“Out of sight should not mean out of mind when it comes to underground fuel storage tanks,” said EPA’s Kowalski. “Groundwater is often a community’s only source of drinking water. Owners of tanks must do their part to prevent oil and gas leaks and help protect people from polluted water.”
EPA inspected the AMA Mini Marts in October 2009 and found that all of the USTs at the three sites lacked the required monthly release detection for the tanks and annual testing required for the associated piping, a violation of the Resource Conservation and Recovery Act (RCRA).
EPA alleges that AMA Mini Mart owner Anesti Audeh was in violation from at least October 2008 through March 2011. The owner has since taken action to bring the three AMA Mini Mart facilities into compliance and has agreed to submit compliance documentation to EPA for the next six months.
For more information on the UST Program, visit the following EPA websites:
MassDEP Issues $29,000 Penalty to One Brussels Street Realty Trust for Asbestos Violations at Its Worcester Property
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $29,000 penalty against One Brussels Street Realty Trust for violations of state asbestos regulations that occurred at the Trust’s commercial property located at 1 Brussels Street in Worcester.
During an inspection of the site in April 2009, MassDEP discovered several heating pipes covered in asbestos-containing insulation uncontained and unmarked on the ground near a dumpster in a parking lot on the site. Upon discovery of the violations, MassDEP required the Trust to retain the services of a state Department of Occupational Safety-licensed asbestos contractor to properly remove, package, and dispose of the asbestos waste, and to cleanup and decontaminate all affected areas of the property.
The Trust was cited for failing to notify MassDEP of a demolition/renovation operation involving asbestos-containing materials; improper removal and handling of asbestos-containing materials; and for improper handling, packaging, and storage of asbestos-containing waste materials at the site.
Under the terms of the negotiated settlement, MassDEP suspended $21,825 of the $29,000 penalty provided that the company expends at least $21,825 to complete a Supplemental Environmental Project (SEP). The SEP requires the Trust to retain a DOS-licensed asbestos inspector to complete a full asbestos survey of both buildings on site, and hire a DOS-licensed asbestos contractor to remove all friable asbestos materials indentified in the survey, as well as mark with asbestos warning labels any non-friable asbestos-containing materials that are identified and will not be removed. The purpose of the project is to protect members of the general public who may use the buildings.
“Property owners in Massachusetts must be fully aware of their responsibilities under the regulations to identify asbestos-containing materials in their building, and to ensure any removal or disturbance of them is done by licensed companies utilizing trained and certified workers to ensure the work is completed safely and in accordance with the regulations,” said Lee Dillard Adams, deputy director of MassDEP’s Central Regional Office in Worcester. “Failure to identify and remove asbestos materials properly is an extremely serious, and ultimately a costly oversight that potentially exposes workers and the general public to a known carcinogen.”
Oregon Dairy Pays $12,000 for Alleged Animal Waste Discharges
RSC Dairy, LLC, has agreed to pay a $12,000 penalty to settle animal waste discharge violations at its dairy located in Tillamook, Oregon.
According to the EPA, the violations were noted during an inspection of RSC Dairy operations in January 2010. During that inspection, EPA and Oregon Department of Agriculture field personnel determined that animal waste had been discharged from the dairy into Hall Slough, a tributary to Wilson River, which flows into Tillamook Bay.
Samples of the discharges from the facility showed a high concentration of E.coli bacteria.
The discharges violated a National Pollutant Discharge Elimination System permit issued to RSC Dairy by the State of Oregon. Since being notified of the violations, RSC Dairy has taken steps to correct the violations.
It is crucial that manure from dairy facilities like RSC is properly managed and kept out of our rivers and streams,” said Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle. “We expect all concentrated animal feeding operations to comply with their permit requirements to protect public health and the environment.”
RSC Dairy confines, feeds and maintains approximately 500 cows at its Tillamook facility.
Concentrated Animal Feeding Operations are a leading source of water quality impairment in the U.S.
The NPDES permit program, a section of the federal Clean Water Act, controls water pollution by regulating sources that discharge pollutants to waters in the United States.
EPA Proposes 2012 Renewable Fuel Standards, 2013 Biomass-Based Diesel Volume
EPA has proposed the 2012 percentage standards for four fuel categories that are part of the agency’s Renewable Fuel Standard program (RFS2). EPA continues to support greater use of renewable fuels within the transportation sector every year.
The Energy Independence and Security Act of 2007 (EISA) established the annual renewable fuel volume targets, which steadily increase to an overall level of 36 billion gallons in 2022. To achieve these volumes, EPA calculates a percentage-based standard for the following year. Based on the standard, each refiner, importer, and non-oxygenate blender of gasoline or diesel determines the minimum volume of renewable fuel that it must ensure is used in its transportation fuel.
The proposed 2012 overall volumes and standards are:
- Biomass-based diesel (1.0 billion gallons; 0.91%)
- Advanced biofuels (2.0 billion gallons; 1.21%)
- Cellulosic biofuels (3.45 - 12.9 million gallons; 0.002 – 0.010%)
- Total renewable fuels (15.2 billion gallons; 9.21%)
Based on analysis of market availability, EPA is proposing a 2012 cellulosic volume that is lower than the EISA target for 2012 of 500 million gallons. EPA will continue to evaluate the market as it works to finalize the cellulosic standard in the coming months. The agency remains optimistic that the commercial availability of cellulosic biofuel will continue to grow in the years ahead.
In addition, EPA is proposing a volume requirement of 1.28 billion gallons for biomass-based diesel for 2013. EISA specifies a one billion gallon minimum volume requirement for that category for 2013 and beyond, but enables EPA to increase the volume requirement after consideration of a variety of environmental, market, and energy-related factors.
Overall, EPA’s RFS2 program encourages greater use of renewable fuels, including advanced biofuels. For 2012, the program is proposing to implement EISA’s requirement to blend more than 1.25 billion gallons of renewable fuels over the amount mandated for 2011.
The RFS2 program encourages innovation, strengthens American energy security, and decreases carbon pollution.
Comments are due on or before August 11, 2011.
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Trivia Question of the Week
How many pounds of electronics waste (e-waste) has the state of California recycled since passing a law in September 2003?
a. 1 million pounds
b. 10 million pounds
c. 100 million pounds
d. 1 billion pounds