Automotive Industry to Reduce Copper in Brake Pads

 The Copper-Free Brake Initiative calls for cutting copper in brake pads to less than 5%by 2021 and 0.5% by 2025. This voluntary initiative also calls for cutting the amount of mercury, lead, cadmium, asbestiform fibers, and chromium-6 salts in motor vehicle brake pads. These steps will decrease runoff of these materials from roads into the nation’s streams, rivers, and lakes, where these materials can harm fish, amphibians, and plants.

California and Washington have already passed requirements to reduce these materials in brake pads. Prior to their enactment, dust from vehicular braking released an estimated 1.3 million lb of copper into California’s environment in 2010 and about 250,000 lb into Washington’s environment in 2011. Estimates for California show copper in urban runoff down as much as 61% thanks to changes in brake pad composition.

“EPA is proud to partner with the automotive industry and the states to reduce the use of copper in motor vehicle brake pads, which means less of this material running off our roads and into our nation’s waterways,” said Stan Meiburg, acting deputy administrator for EPA. “The environment and public health in our country will benefit from this type of collaboration between the public and private sector.”

“This historic MOU will provide the motor vehicle industry with consistent copper reduction guidelines and eliminate the potential for disparate state regulations,” said Steve Handschuh, president and CEO of the Motor and Equipment Manufacturers Association. “This has been a proactive, collaborative effort by regulatory agencies, states and the motor vehicle industry to reduce copper in US streams, rivers, and waterways.”

“ECOS is proud to be part of an agreement that will make a meaningful contribution to improved water quality across the nation,” said Robert J. Martineau, Jr., president of the Environmental Council of the States and commissioner of the Tennessee Department of Environment and Conservation. “This effort shows how states, the federal government and industries can work together to develop innovative, non-regulatory ways to reduce pollution.”

This initiative includes:

• Education and outreach to bring about the nationwide reduction in brake pads of copper and the other materials
• Testing friction materials and constituents for alternatives
• Marking and labeling friction material packaging and product
• Providing reporting registrars’ and agents’ contact information to manufacturers, suppliers, and other industry entities
• Working towards achieving the goals in the Copper-Free Brake Initiative within specified timeframes

In addition to EPA and the Environmental Council of the States, eight industry groups signed the initiative: Motor & Equipment Manufacturers Association; Automotive Aftermarket Suppliers Association; Brake Manufacturers Council; Heavy Duty Manufacturers Association; Auto Care Association; Alliance of Automobile Manufacturers; Association of Global Automakers, Inc.; and the Truck and Engine Manufacturers Association.

Learn DOT’s New Rules for Lithium Battery Shipments

 

 

• Enhance packaging and hazard communication requirements for lithium batteries transported by air
• Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
• Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
• Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
• Revise the exceptions for small cells and batteries in air transportation
• Revise the requirements for the transport of lithium batteries for disposal or recycling
• Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
• Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

 

Tampa RCRA and DOT Training

 

Dallas RCRA and DOT Training

 

Chicago RCRA, DOT, and IATA/IMO Training

 

MPCA Completes 58 Enforcement Cases in Fourth Quarter of 2014

In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency (MPCA) concluded 58 enforcement cases in 34 counties throughout Minnesota during the fourth quarter of 2014. Penalties from all 58 cases totaled $469,815.

In all of 2014, the MPCA concluded 251 cases, totaling just under $1.835 million.

Environmental enforcement investigations often take several months, and, in highly complex cases, more than a year. Although, in rare instances, they can involve courts, they are most often negotiated settlements where the goal is compliance with environmental rules. Fines issued are targeted to match the environmental harm, economic advantage gained or environmental corrective actions.

In addition to these 58 recently completed cases, the MPCA also has 97 ongoing enforcement investigations, 12 of which were opened as new cases during the fourth quarter of 2014. Not all investigations lead to fines or other official action.

Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff continues to provide assistance, support and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.

 

AvtechTyee Settles with Ecology for Hazardous Waste Violations

An Everett aerospace electronic systems company will pay $6,000 to the Department of Ecology under an agreement to settle an appeal of a larger penalty.

Ecology fined AvtechTyee $28,000 in January 2014 for unsafe handling and disposal of dangerous waste.

In a recently approved settlement agreement, AvtechTyee agrees to the reduced penalty. Ecology will suspend $22,000, provided that the facility remains in compliance with state dangerous waste requirements for the next two years. The company also agrees to hire and train an environmental coordinator and support staff. Automatic fines of up to $7,000 per occurrence may occur for repeat violations.

“This settlement benefits Washington’s overall environment,” said K Seiler, who manages Ecology’s hazardous waste and toxics reduction program. “We appreciate the commitment AvtechTyee is making to practices that safeguard the safety and health of its employees and the public, and that protect the environment.”

The company has corrected all violations cited in the original penalty. These included:

• Failure to designate, or identify and properly handle, dangerous waste materials
• Placing dangerous waste in regular garbage that should have been shipped for appropriate disposal
• Lack of secondary containment to hold liquids that spill or leak from their storage containers
• Failure to cover liquid wastes to prevent the release of vapors into the air

“AvtechTyee is committed to the safe handling and disposal of all materials,” said Herb Mardany, president of AvtechTyee. “Over this last year, AvtechTyee has diligently worked to improve our training and internal procedures. It is our intent and practice to remain in full compliance with environmental regulations at all times.”

The penalty and settlement are part of Ecology’s broader efforts to reduce and prevent toxic threats to the environment.

Firearms Manufacturer Assessed $4,000 Penalty for Violations of the Toxics Use Reduction Regulations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $4,000 penalty to Saeilo, Inc., which manufactures firearms at its facility on Goddard Memorial Drive in Worcester, to resolve the company’s failure to comply with environmental regulations.

 At that time, MassDEP issued a Notice of Noncompliance (NON) to Saeilo, Inc. In response to the NON, the company corrected the other violations, but did not file the required Toxics Use reports for years 2009 through 2011. The company has now agreed to file the missing reports, plus TUR reports for 2012 and 2013, and pay the penalty in order to return to compliance.

“Companies that do not return to environmental compliance in response to MassDEP notices face administrative penalties when the noncompliance continues,” said John Kronopolus, deputy director for Air and Waste at MassDEP’s Central Regional Office in Worcester. “These regulations are in place for all manufacturers to protect the environment and the public health.”

Woman Imprisoned for Hazardous Waste Violations, Bank Fraud

 The sentences were ordered to run concurrently for a total sentence of 73 months. Stein was also ordered to pay restitution in the amount of $17,692,974. 

Both Stein and ASR entered pleas of guilty to the charges on December 16, 2013. The case had originally been set for sentencing on July 15, 2014, but was continued due to issues raised by Stein.

During the guilty plea hearing in December of 2013, the factual presentation revealed that had the cases had gone to trial, the Government would have presented evidence indicating that from at least 2004 and continuing until in 2011, while operating ASR, Stein developed a scheme to defraud a number of financial institutions. As part of the ruse, Stein created a number of fictitious manufacturing companies, organizations and business associations with apparent legitimate addresses, bank accounts and telephone numbers in various locations throughout the Southeast and the Midwest including Alabama, Georgia, Indiana, Ohio, and Pennsylvania. The addresses were mail drops, Stein controlled the accounts, and the telephone numbers were answering services. One of the fictitious entities was an accounting firm which issued audits and financial statements attesting to the fiscal soundness of ASR.

Stein would then apply to various financial institutions for loans for ASR. Often she would present to the institutions false invoices indicating that ASR had purchased types of specialized machinery from the fictitious vendors which could be used as collateral for loans. Often, Stein would have the financial institutions forward the loan proceeds to the non-existent vendors’ accounts. The deception also involved removing legitimate identity plates on existing machinery at the ASR location and replacing them with false plates reflecting the serial numbers of the fictitious machines.

After a number of years of running the scheme, Stein’s and ASR’s debts continued to grow, and ultimately, ASR’s creditors forced the company into involuntary bankruptcy in 2011. Thereafter, the United States Secret Service was asked to investigate. At least twenty-six victim financial institutions were identified with cumulative losses in excess of $16 million. When the investigation focused on Stein, in a statement to the Secret Service, she admitted what she had done and took full responsibility for the fraud.

Resident Agent in Charge of the Greenville, S.C. Office of the United States Secret Service, Thomas M. Griffin, stated: “Today’s sentencing was the result of a criminal investigation which was initiated in 2010. The Secret Service utilized significant resources conducting interviews, reviewing bank records and other documents associated with the fraudulent loans obtained by these defendants. These investigative efforts have ensured that the defendants would be successfully brought to justice for the crimes which they committed.”

. No permit to store hazardous waste was ever sought by Stein or ASR or issued by EPA or DHEC.

In June 2011, as a result of a DHEC search of ASR’s property, a large quantity of hazardous waste was discovered on site. Thereafter, more than 24,000 gallons of waste were removed from the sight and disposed of by EPA at a cost of approximately $1,720,000.

“For a number of years, the defendants stockpiled thousands of gallons of unpermitted hazardous waste at ASR’s location in Anderson,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in South Carolina. “This waste consisted of uncontained flammable and highly corrosive materials which were exposed to the elements. Today’s sentencing shows that those who refuse to comply with the law, putting public health and the environment at risk, will face the consequences in court.”

Five-Part Webinar Series: ATSDR Safeguarding Communities from Harmful Chemicals

 The series explores the Agency’s role as an integral partner in: determining chemical threats, supporting communities with their environmental health concerns, protecting children and vulnerable populations, and supporting the specific needs of Native Tribes. The start of the series will take place on January 28, 1:30–2:30 p.m. EST.

LS Property Maintenance Fined for Discharging Hazardous Waste Down Storm Drain

LS Property Maintenance, Inc., of Chicopee has been assessed a $5,750 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for discharging waste floor-finishing solution to a storm drain at an Easthampton commercial property.

On July 2, 2014, MassDEP was notified of the discharge of waste floor-finishing solution to the storm drainage system at the Rite Aid pharmacy at 32 Union Street in Easthampton. Notification was provided by Overland Supply Company, which had retained LS Property Maintenance, Inc. as a subcontractor to clean and re-finish floors at the Rite Aid site.

MassDEP personnel responded to the site and observed the presence of a milky white substance in two storm drains in the parking lot. An employee of Rite Aid had observed the discharge that morning while inspecting the area. Based on information provide during the investigation, MassDEP’s determined that an employee of LS Property Maintenance, Inc., had discharged the waste floor-finishing solution into the drains while working at the site overnight. 

“MassDEP continues to focus on preventing adverse impacts to surface waters.” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “Companies performing cleaning and maintenance activities must appropriately manage and dispose of the wastes they generate.”

Discharges of floor-finishing waste to surface waters violate the Massachusetts Clean Water Act. In order to resolve the violation, LS Property Maintenance, Inc. was issued the $5,750 penalty, but MassDEP agreed to suspend $4,750 of the penalty provided that LS Property Maintenance, Inc., re-trains its employees on appropriate management of wastes generated during cleaning activities.

Three Shell Oil Company Affiliates Settle with EPA Over Violations of Vehicle Fuel Standards

 These violations resulted in excess emissions of harmful air pollutants from motor vehicles, which pose public health threats and environmental impacts. The companies will pay a $900,000 penalty to resolve these violations.

“Fuel standards established under the Clean Air Act play a major role in controlling harmful air pollution from vehicles and engines,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “If unchecked, these pollutants can seriously impair the air we breathe, especially during summer months when they can reach higher levels. This settlement makes clear that if companies fail to produce fuels that comply with federal standards, they will be held accountable.”

Specifically, EPA alleged that:

• Shell sold mislabeled diesel fuel—fuel labeled ultra-low sulfur diesel that was actually low sulfur fuel—at two gas stations in Northern Virginia. EPA inspectors discovered the violations at the stations, one of which came after receiving a complaint from a consumer. Low sulfur diesel fuel contains up to 500 parts per million of sulfur; ultra-low sulfur diesel may not exceed 15 parts per million of sulfur.
• Shell sold over 4.2 million gallons of gasoline that exceeded a fuel standard for volatility, known as the Reid Vapor Pressure level, that helps control ground level ozone during summer months. Gasoline with higher volatility results in increased emissions of volatile organic compounds, which contribute to the formation of ground level ozone. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly and people who have lung diseases such as asthma.
• Shell distributed about 700,000 gallons of gasoline from its Sewaren, New Jersey terminal that contained elevated levels of ethanol. Excess ethanol in gasoline can harm emission control components on some vehicles and engines. The Reformulated Gasoline Survey Association, an organization that works to improve industry compliance with Clean Air Act fuel standards, identified the fuel with excess ethanol after surveying Shell retail stations in Irvington, New Jersey and Staten Island, New York, and notified EPA.
• Shell failed to follow various protocols for sampling, testing, reporting and recordkeeping requirements that help ensure compliance of its fuel with federal standards. Shell proactively reported some of these violations to EPA. Recordkeeping, reporting, sampling, and testing violations reduce EPA’s ability to know whether fuels meet certain standards and can lead to increased vehicle emissions.

Erickson Fuel Company Settles with EPA for Oil Spill

 

The January 2014 oil spill originated from a parked diesel fuel delivery truck and ultimately caused oil to be released to Winter Brook, which flows into the Mystic River. The oil discharge prompted an emergency response that included EPA, the Medford Fire Department and the Massachusetts Department of Environmental Protection.

SPCC plans specify spill prevention and response measures at facilities that store oil above threshold amounts and help ensure that a tank failure or oil spill does not lead to oil reaching bodies of water. After the spill, the facility worked cooperatively with EPA and has prepared an SPCC plan for EPA’s review.

“This case clearly shows the value and importance of preparing plans and taking actions ahead of time to prevent oil spills before they occur,” said Curt Spalding, regional administrator of EPA’s New England office. “Preventing pollution from occurring is easier to accomplish and less costly than cleaning up spills and releases after they occur. Businesses and facilities play a big role ensuring that our environment is protected.”

Illegal Asbestos Removal Conspirators Jailed, Ordered to Pay $10.3 Million

US District Judge Ronnie Greer sentenced five people to prison terms in federal court in Greeneville, Tennessee, late yesterday for conspiring to commit Clean Air Act offenses in connection with the illegal removal and disposal of asbestos-containing materials at the former Liberty Fibers Plant in Hamblen County, Tennessee, the Justice Department announced. A&E Salvage had purchased the plant out of bankruptcy in order to salvage metals which remained in the plant after it ceased operations.

US District Judge Greer sentenced Mark Sawyer, 55, of Morristown, Tennessee, a former manager of A&E Salvage, to the statutory maximum of five years in prison, to be followed by two years of supervised release. A&E Salvage manager Newell Lynn Smith, 59, of Miami, Florida, was sentenced to 37 months and two years of supervised release. A&E Salvage Manager Eric Gruenberg, 50, of Lebanon, Tennessee, received a 28-month sentence. Armida, 56, and Milto DiSanti, 54, of Miami, Florida, each received sentences of six months in prison, to be followed by six months of home confinement. The judge ordered all the defendants to pay restitution of more than $10.3 million, which will be returned to EPA Superfund, which was used to clean up the plant site contamination.

The sentencing took place over three days and included expert testimony that the exposures of the A&E Salvage workers to asbestos resulted in a substantial likelihood that the workers would suffer death or serious bodily injury as a result of their exposure constituted a risk of death or serious bodily injury.

“These co-conspirators took unacceptable and illegal risks with workers lives and the community’s health,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “These significant sentences should send a message that illegal asbestos removal can have serious consequences, including a prison term for those responsible.”

According to court documents, all the defendants pleaded guilty to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” salient to the proper stripping, bagging, removal and disposal of asbestos. According to the charges, the conspirators, engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were removed the former Liberty Fibers plant without removing all asbestos prior to demolition and stripping, bagging, removing and disposing of such asbestos in illegal manners and without providing workers the necessary protective equipment. Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. The EPA has determined that there is no safe level of exposure to asbestos.

“We take our responsibility to protect the environment of East Tennessee very seriously, especially when it involves the health and safety of its residents,” said US Attorney Bill Killian of the Eastern District of Tennessee. “We will continue to aggressively prosecute those who violate the laws restricting substances which can potentially cause serious diseases. EPA, TDEC, Senior Trial Attorney Todd Gleason and Assistant US Attorney Matthew Morris should be commended for their combined efforts which resulted in a successful outcome in this case.”

“Illegal disposal of asbestos endangers human health, plain and simple,” said Special Agent in Charge Maureen O’Mara of EPA’s Criminal Enforcement Program in Tennessee. “The defendants conspired to violate the Clean Air Act by hiring untrained workers to remove materials, without proper safety equipment, that contained asbestos. This put not only the workers’ health and safety at great risk, but that of the entire community. Today’s sentencing demonstrates that EPA and its partner agencies will prosecute those who pollute the environment by breaking the law.”

Texas Companies Fined Almost $1 Million

On January 21, the Texas Commission on Environmental Quality approved penalties totaling $796,630 against 45 regulated entities for violations of state environmental regulations.

Agreed orders were issued for the following enforcement categories: nine air quality, one multi-media, three municipal waste discharge, five petroleum storage tank, nine public water system and three water quality.

Default orders were issued for the following categories: one air, two multi-media, five municipal solid waste, four petroleum storage tank, and three public water system.

Included in the total are fines against Maverick Drilling and Exploration USA in Fort Bend County of $166,898 for air violations stemming from investigations in February and August of 2013. Violations include operating without authorization and failure to file emissions inventory reports.

In addition, on December 16, January 7, and January 20, the executive director approved 98 agreed orders, each $7,500 or less, totaling $202,731.

2014 California Governor’s Environmental and Economic Leadership Award Winners Honored

 

“Each of the 2014 GEELA recipients demonstrated initiative and creativity in advancing sustainable practices,” said Secretary for Environmental Protection Matthew Rodriquez. “The winners, representing diverse enterprises from Northern, Central and Southern California, prove that policies benefitting the environment go hand in hand with economic and organizational success.”

Established in 1993, GEELA is awarded to individuals, companies, and organizations that use sustainable business practices to conserve energy, reduce waste, or prevent pollution while contributing to their local economy. Good Day Sacramento’s Marianne McClary will emcee tonight’s ceremony.

 

• Parducci Wine Cellars (Mendocino County) for water recycling practices that transformed a polluted pond into a bird sanctuary, and created other uses for its wastewater including crop irrigation and recreational opportunities.
• City of Watsonville (Santa Cruz County) for its Public Works Conservation Program that promotes environmental education and “green” career awareness.
• University of California, Los Angeles (Los Angeles County) for its sustainable transportation program that has reduced single car commuter traffic by 51% among employees and 25% among students.
• Elkhorn Slough Foundation (Monterey County) for its ecosystem-based watershed stewardship focused on land acquisition, education, science and land restoration in order to successfully maintain one of California’s important wetland areas.
• Lodi Winegrape Commission (San Joaquin County) for expansion and improvement of their sustainable winegrowing certification program that now includes more than 30,000 acres enrolled statewide.
• California Sustainable Winegrowing Alliance (San Francisco County) for continued development of their sustainable winegrowing program that includes online performance metrics for water, energy, nitrogen and greenhouse gas emissions, and a winery water guide for small wineries.
• Domus Development (Placer County) for Kings Beach Housing Now, a new model for sustainable rural infill development, contributing to improved air quality, water quality and environmental health.
• City of Santa Cruz (Santa Cruz County) for its GreenWharf partnership and incorporation of innovative technology into the structure and operations at the Wharf.
• Nicole Gatto, MPH, PHD (Los Angeles County) for addressing the obesity epidemic by creating three community gardens in underserved communities of the greater Los Angeles region. The gardens now provide fresh fruits and vegetables in neighborhoods where only 18% of grocery stores offer produce.
• Raytheon (Los Angeles County) for incorporating environmental mitigation and energy conservation policies into its daily operations, long-term decision-making, and overall business management. In 2013, Raytheon’s El Segundo campus became a “Zero Office Waste” site and helped Raytheon achieve a 75% overall recycling rate.
• Ford Store Morgan Hill (Santa Clara County) for its commitment to zero emission and sustainable energy business practices, products and services. In 2012, the Ford Store Morgan Hill sold more Energi (plug-in vehicles) than any other dealership in the world.
• Disneyland Resort (Orange County) for its continuing commitment to waste reduction, reuse and recycling. The resort’s waste diversion rate has gone from 19% in 2006 to nearly 40% today with programs such as biodiesel generated from fryer grease and donation of used hotel soaps to Clean World Foundation.

The finalists were chosen by a panel of judges that included the Governor’s Office and the secretaries of the California Business, Consumer Services and Housing Agency; the California Department of Food and Agriculture; the California Environmental Protection Agency; the California Health and Human Services Agency; the California Labor and Workforce Development Agency; the California Natural Resources Agency; and the California State Transportation Agency.

The panel evaluated and selected winners in the following categories: Agricultural Ecosystem Services; Automobile Dealer Zero Emission Vehicle (ZEV) Promotion; Children’s Environmental Education; Climate Change; Comprehensive Land Use Planning; Ecosystem and Watershed Stewardship; Enhanced Environmental and Economic Leadership; Environmental Justice; Green Chemistry; Plug-in Electric Vehicle (PEV) Readiness; Sustainable Practices or Facilities; Sustainable Practices by State Agencies; Technological and Market Innovation; Waste Reduction.

Environmental News Links

 

 

Trivia Question of the Week

Of the 15 warmest years on record, how many have occurred since 2000?

a) 3

b) 5

c) 10

d) 14

 

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