The bill would also create a fund to help pay for the development of the manifest. Thune is the Chairman of Subcommittee on Superfund and Waste Management, which is part of the Senate Environment and Public Works Committee. Hearings on the bill were held on September 28.
EPA Adjusts Pollutant Monitoring Requirements to Improve Air Quality Protection
EPA has changed its national air quality monitoring regulations as part of a strategy to update technology and keep pace with more advanced approaches to air quality management. According to EPA, the rule will change the locations of some types of monitors, add new monitors for some pollutants, and allow states and tribes to shut down unneeded monitors for some pollutants. The rule also will add more monitors capable of providing real-time measurements for some pollutants.
The changes affect monitoring for six common pollutants known as "criteria pollutants" and the pollutants that form them. The six pollutants are: ground-level ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, particle pollution (also called particulate matter), and lead. There will continue to be a national network of monitors for each criteria pollutant, but the improved network will be more strategic and more efficient, according to the agency.
Ambient air monitoring systems play a critical role in the nation's air quality management program. They are used for a variety of purposes, including providing data used to determine whether areas are meeting the National Ambient Air Quality Standards. Other important uses of these monitors include: support of timely reporting of the Air Quality Index and issuing air quality forecasts, support of long-term health assessments, and tracking long-term air quality both to gauge effectiveness of emission control strategies and to quantify accuracy of supporting model evaluations.
Ash Grove Cement Applies to Accept 37 Additional Waste Codes
A public hearing has been scheduled by the Arkansas Department of Environmental Quality (ADEQ) for Ash Grove Cement Company. On May 15, ADEQ received a RCRA Class 2 Permit Modification request to add additional allowable hazardous waste codes to Ash Grove’s RCRA hazardous waste management units (HWMUs). Based on requests that were made to ADEQ to hold a public hearing on these additional hazardous waste codes, a public hearing was to be held Thursday, September 28, in Foreman, Arkansas.
During this hearing, only comments regarding the ADEQ draft RCRA permit modification which incorporates 37 additional hazardous waste codes (F032, K047, K071, K107, K108, K109, K110, K123, K156, K157, K158, K159, K161, K175, K181, U204, U205, U214, U216, U217, U246, U271, U278, U279, U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, U409, U410 and U411) were to be considered.
Missouri Changes Generator's Hazardous Waste Summary Report Forms
A new version of the Missouri Generator’s Hazardous Waste Summary Report is now available. This change makes the summary report consistent with the new universal hazardous waste manifest required by the EPA rule effective September 5. The main change to the summary report is that the new management method code replaces the final handling code. The management method code from the uniform manifest must be used on the updated version of the summary report instead of the final handling code. The management method code is a four digit code that begins with the letter H. The other summary report change is that there is now room for six waste codes per line in Section H rather than the previous four waste codes.
The new form is required for summary reports beginning with the September 2006 quarter, if you report on a quarterly basis. If you report on an annual basis, you are required to use this form to report for July 1, 2006 to June 30, 2007. Summary reports filed using the previous version will not be accepted and will be returned. If you want to receive a hard copy of the form, you may request one from Janet Rush with the department's Hazardous Waste Program at (573) 751-2524. If you have any questions, call David Green with the Hazardous Waste Program at (573) 751-3204.
Green Products Fined for Architectural Coating Violations
EPA recently settled a case with Green Products Co. of Richmond, Calif., for alleged violations of the Clean Air Act. The company was assessed a reduced penalty of $2,000 because of its limited ability to pay a fine.
Green Products will pay the civil penalty for manufacturing Plasticure, a concrete curing and sealing product that released more volatile organic compounds (VOCs) into the air than allowed under federal law.
This is the first time the EPA’s Pacific Southwest regional office has had to enforce the architectural coating standards section of the Clean Air Act. This standard applies to all architectural coatings manufactured for sale in the U.S.
Green Products exceeded allowable VOC limits in Plasticure from September 2001 to November 2004. During that time the EPA estimates emissions from the use of Plasticure resulted in approximately 218 tons more volatile VOCs than the Clean Air Act allows. Plasticure was manufactured in Richmond, Calif., and was used in Reno, Nev., during the time of the violation.
“It’s imperative that companies comply with all sections of the Clean Air Act,” said Deborah Jordan, director of the Air Division in the EPA’s San Francisco office. “Volatile organic compounds can cause smog levels that violate air quality standards and can cause health impacts.”
VOCs combine with other chemicals in the air on warm, sunny days and form ground-level ozone, or smog. Smog can cause breathing problems, reduced lung function, eye irritation and reduced resistance to infections. Ozone can also aggravate asthma and speed up the aging of lung tissue. Asthmatics, children and the elderly are especially at risk.
The architectural coating rule of the Clean Air Act limits the VOC content of products such as exterior and interior paints, industrial maintenance coatings, wood and roof coatings, and primer and traffic paints.
EPA, International Partners to Reduce Methane Emissions
This program to capture and use methane as a clean fuel provides immediate economic and energy security benefits, because methane is the primary component of natural gas.
"EPA is proud to be working arm-in-arm with some of America's leading companies to prove that doing what's good for the environment is also good for business," said EPA Administrator Stephen L. Johnson. "Under the Bush Administration's aggressive yet practical strategy to reduce greenhouse gas emissions, the oil and gas industry is powering our economic success and helping improve our environmental future."
Charter partners participating include ConocoPhillips Canada, Devon Energy Corp., Enbridge Energy Co. Inc., ExxonMobil, Marathon Oil Corp., Occidental Petroleum Corp., and TransCanada.
Natural Gas Star International partners agree to submit an implementation plan within one year of signing. They also agree to implement within three years technologies and practices to reduce methane emissions where it is cost effective. As part of this agreement, partners also submit annual reports describing the measures implemented and corresponding methane emission reductions. EPA will assist partners with program implementation by analyzing emerging technologies, developing workshops and training courses, and communicating best practices. This partnership supports the international Methane to Markets Partnership and complements the existing suite of U.S.-international climate change programs.
Natural gas systems are made up of wells, processing facilities, and transmission and distribution pipelines. All industry sectors, including gas production, processing, transmission, and distribution emit methane to the atmosphere to varying degrees.
Under EPA's, domestic Natural Gas Star program, 110 U.S. industry partners have collectively reduced methane emissions by about 460 billion cubic feet since 1990, the equivalent to annual greenhouse gas emissions from more than 33 million vehicles. Today, the U.S. oil and gas industry emits approximately 6 percent less methane than it did in 1990.
Member countries work in collaboration with the private sector, multilateral development banks, and other governmental and non-governmental organizations through the partnership's project network. The United States has committed $53 million to this initiative over the next five years.
Research and Guidance on Drinking Water Contaminant Mixtures
Health effects and risk assessment information is made available for drinking water chemical mixtures, e.g., pesticides, pharmaceuticals, metals, polychlorinated biphenyls, and disinfection by-products.
Structure to be World's Largest Built with Recycled Industrial Materials
A major commercial development in Syracuse, N.Y., will be the world's largest to be built with recycled industrial materials, incorporate energy-efficient features, and reduce vehicle emissions. The developers of Destiny USA, a multi-use project, signed a memorandum of understanding with the EPA, promising to use a variety of environmentally sustainable practices.
"Destiny USA's pledge is the first of what we hope will be many similar commitments to use recycled industrial materials and promote other environmentally sustainable practices in major construction projects," said Susan Bodine, assistant administrator of the Office of Solid Waste and Emergency Response. "Increasing the use of recycled materials preserves our natural resources, protects the environment, conserves energy and saves money."
As part of its agreement with EPA, Destiny USA has agreed to:
- Employ “green building” techniques
- Become a partner in EPA's Resource Conservation Challenge, WaterSense, and Energy Star programs
- Use more than 3,000 tons of coal ash in concrete, reducing greenhouse gases by more than 3,000 tons
- Retrofit more than 100 construction trucks to reduce emissions by 85 percent
- Incorporate hybrid and diesel vehicles in to its fleet
- Promote EPA's SmartWay Transport Partnership to its carriers, shippers, and tenants to reduce truck emissions
- Implement a commuter benefits program
EPA is asking developers nationwide to expand their use of recycled industrial materials including coal combustion products, foundry sand and construction and demolition debris. Instead of disposing of these materials, developers can use them to make products like concrete, wallboard, steel beams and asphalt. Each year, U.S. businesses generate more than half a billion tons of industrial waste, which, in some cases, can be recycled and used as valuable resources.
Environmentally Sensitive Maintenance for Dirt and Gravel Roads
The document provides insight into using natural systems and innovative technologies to reduce erosion, sediment, and dust pollution while more effectively and efficiently maintaining dirt and gravel roads and gives the users a "tool box" full of environmentally sensitive maintenance "tools" and practices.
BioSafe Charged with Violating Pesticide Laws
The EPA's New England office recently announced that it intends to seek monetary penalties against a Connecticut company that distributes and sells products intended for agricultural, aquatic, horticultural, turf, and general uses for alleged violations of pesticide laws.
EPA's New England office will be seeking the assessment of an administrative penalty against BioSafe Systems, L.L.C. of Glastonbury, CT citing violations of the Federal Insecticide, Fungicide and Rodenticide Act ). EPA’s complaint proposes a penalty of $39,000 against BioSafe and cites the company for distributing, selling or offering for sale, two EPA-registered pesticides while making claims that were substantially different than the statements that are required by the pesticide law to register the products. EPA also alleges that BioSafe violated an EPA Stop Sale, Use, or Removal Order previously issued to the company regarding the same EPA-registered pesticides. The alleged violations occurred between January and December 2005.
“Vigorous enforcement of pesticide laws ensures that consumers are sold products that work the way they are supposed to work,” said Robert W. Varney, regional administrator of EPA’s New England office. “The law is designed to protect us against buying products that make false claims that could be harmful to our health by stopping the sale of these products before they reach the marketplace.”
Products regulated as pesticides under FIFRA are intended (or claimed) to prevent or destroy pests, including algae, viruses and bacteria, among other things. Under the law, regulated pesticides must be registered with EPA before they are sold or distributed, and claims made on the product labels must be consistent with the required claims made during the registration process.
$57,200 Penalty for Pesticide Violations
The EPA has fined El Centro, Calif.-based The Dune Company of Imperial Valley $57,200 for the alleged sale and distribution of pesticides with inadequate labels, in violation of federal pesticide law.
The EPA cited The Dune Company of Imperial Valley for failing to affix accurate labels to recyclable pesticide containers when repackaging the herbicide EPTAM 7-E. The outdated labels on the repackaged herbicide failed to include upgraded safety precautions and failed to properly identify where the product was repackaged.
“Producers of pesticides must ensure that their products carry the proper warnings and information on their product labels,” said Enrique Manzanilla, the EPA’s Communities and Ecosystems Division director for the EPA’s Pacific Southwest Region. “Selling pesticides without required updated labels may result in misuse of the pesticide, increasing risk to human health and the environment.”
The Dune Company of Imperial Valley was also cited for not maintaining registration of its pesticide-producing establishment. Pesticide-producing companies are required to submit to the EPA information on the physical location of each establishment and the types and amounts of pesticides and devices produced and distributed at that establishment. The EPA uses pesticide reports to track pesticide production, their safe management and distribution.
The enforcement action was based on an inspection performed by the California Department of Pesticide Regulation in September 2005.
The Federal Insecticide, Fungicide, and Rodenticide Act regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. Each producer, seller, and distributor is required pursuant to federal law to ensure that the registered pesticide is labeled in accordance with Agency requirements.
Hazardous Chemical Release Roundup in EPA Region 5
EPA Region 5 has recently settled cases involving late notification of a hazardous chemical release with Associated Milk Producers, New Ulm, Minn., and Millennium Inorganic Chemicals, Ashtabula, Ohio. New cases were filed involving facilities in Alsip, Ill., Rochester, Minn., and Cleveland, Ohio.
"Federal law requires notification to local authorities of hazardous chemical releases," said Richard Karl, Regional EPA Superfund Division Director. "Emergency responders need to know what they are dealing with so they can take steps to protect people living or working in the area."
Associated Milk Producers, New Ulm, Minn., paid $20,000 to resolve EPA's January 2006 complaint for failure to immediately notify the National Response Center (NRC) of a 3,873-pound anhydrous ammonia release during a fire at the facility December 1, 2004. EPA alleged that the company did not contact the NRC for more than five hours after it knew of the release. A required follow-up report was also filed late, 80 days after the release.
Anhydrous ammonia is commonly used in commercial refrigeration systems. The chemical causes burns to the skin and irritation to the eyes, nose and throat and can be fatal if inhaled for long periods of time. Anhydrous ammonia releases greater than 100 pounds must be immediately reported.
Millennium Inorganic Chemicals, Ashtabula, Ohio, paid $74,568 to resolve EPA's May 2006 complaint for failure to promptly report an 88-pound chlorine release to the NRC. The release occurred when two valves were left open while a railcar containing chlorine was being connected to a chemical process operation. EPA alleges that the company did not contact the NRC for more than two hours after it knew of the release. (The state emergency response commission was notified 39 minutes after the release.) Previously, Millennium paid $10,750 and donated $24,036 in equipment to the local fire department to resolve an EPA citation in November 2004 for failure to promptly report a 61-pound chlorine release. Under the same settlement, the company also paid $39,175 to resolve a 99-pound release of chlorine from a neighboring Millennium facility.
Chlorine is a gas that reacts explosively with many common chemicals. It causes headaches, nausea, choking and burns the respiratory system if inhaled. When inhaled in large volumes, it can be fatal. Chlorine releases greater than 10 pounds must be immediately reported.
Region 5 proposed a $20,150 fine against Coca-Cola Enterprises, Alsip, Ill. The facility was cited for failure to promptly report a 563-pound release of anhydrous ammonia to the NRC on March 20, 2006. The NRC was notified more than three hours after the incident. The chemical was released from a faulty weld point on a refrigeration system on the roof of the building.
EPA proposed a $41,250 fine against Marigold Foods, Rochester, Minn. The company, operated by Kemps LLC, was cited for failure to promptly report a 700-pound release of anhydrous ammonia to the NRC and the Minnesota Emergency Response Commission on May 9, 2003. Both agencies were notified more than seven hours after the incident. The release occurred when a fan motor broke off a mounting bracket and cut open a hole in an evaporator coil attached to the facility's refrigeration system.
EPA proposed a $28,340 fine against ISG Cleveland, Cleveland, Ohio. The company was cited for failure to promptly report a 1,271-pound release of sodium hypochlorite to the NRC on April 24, 2006. The release was discovered during a routine inspection by a water treatment consultant hired by the facility.
Sodium hypochlorite is a chlorine-based liquid or gas, often used as a disinfectant and bleaching agent. It causes burns to the skin, respiratory tract and eyes. Sodium hypochlorite releases greater than 100 pounds must be immediately reported.
Under federal law, facilities cited by EPA have 30 days to answer the complaint and may request a meeting to discuss settlement.
EPA Cites Delaware Mobile Home Park $80,335 for Unlawful Sewage Discharge
The EPA is seeking an $80,335 penalty from the owners and operators of the Mobile Gardens Trailer Park of Seaford, Del., for Clean Water Act violations at the park’s wastewater treatment plant.
In its administrative complaint against K.C. Burnham & Associates of Pittsford, NY, and Mobile Gardens MHP, LLC of Seaford, Del., EPA alleges that the wastewater treatment plant exceeded pollution limits for a Clean Water Act permit issued by the Delaware Department of Natural Resources and Environmental Control. Under the permit, the plant discharges treated wastewater into a tributary of the Nanticoke River.
EPA alleges that between February 2004 and June 2006, the Sussex County facility violated permit limits associated with biochemical oxygen demand and total suspended solids on 37 occasions. Along with seeking the penalty, EPA has ordered the owners and operators of the trailer park to comply with the Clean Water Act permit.
Under the federal Clean Water Act, it is unlawful to discharge pollutants into waterways without a permit issued by EPA or the state that sets pollution discharge limits, monitoring and reporting requirements, and other conditions designed to protect water quality.
The cited companies have the right to a hearing to contest the alleged violations and proposed penalty.
EPA Fines Lehigh Cement $84,378 for Potential Dioxin and Furan Emissions
EPA Region 5 has reached an agreement with Lehigh Cement Co. on alleged Clean Air Act violations at the company's Portland cement plant in Mitchell, Ind.
The agreement, which includes an $84,378 penalty, resolves EPA allegations that Lehigh failed to maintain cement kiln exhaust gas temperatures at levels that ensure compliance with dioxin and furan emissions limits. EPA also alleged that the company failed to comply with limits on opacity, or the amount of light obscured by dust emissions.
According to EPA, there is evidence that dioxins can cause liver damage and probably can cause cancer in humans, while furans can also cause cancer. Inhaling high concentrations of dust can affect children, the elderly and people with heart and lung diseases the most.
WorcesterMass., Fined $125,000 for Sewage Overflow
The city’s sanitary sewer system has overflowed on at least 70 occasions over the past five years.
The settlement is a step toward resolving EPA’s concerns regarding Worcester’s sewer collection system. This action follows issuance of an EPA order last year requiring the city to initiate additional measures to prevent its sewerage system from overflowing in the future. Most of the overflows were caused by blockages in the system, which, in large part, can be prevented by the implementation of effective fats, oils and grease controls; routine cleaning; and preventative maintenance programs. The order also required the city to assess the structural integrity of the sewer system, and to investigate measures to eliminate the overflows that occur at Chandler and Mann Streets during wet weather.
Worcester’s public sewer system includes both combined and separate wastewater collection systems, serving a population of about 170,000. On more than 70 occasions over the past five years, the city’s separate sanitary wastewater collection system experienced unpermitted overflows during dry weather, releasing untreated wastewater to Lake Quinsigamond, Indian Lake, Curtis Pond, Weasel Pond, Coes Pond, Beaver Brook, Poor Farm Brook, Old Mill Brook, Coal Mine Brook, Kettle Brook, Tatnuck Brook, Fitzgerald Brook, and the Blackstone River. The overflows occurred primarily due to sewer blockages and were not authorized under an EPA wastewater permit.
Untreated sewage can present a significant threat to water quality, carrying viruses, bacteria, and other biological pathogens as well as industrial wastes, including toxic materials. Further, Lake Quinsigamond serves with recreational boating needs of the community and routinely hosts rowing regattas.
“EPA recognizes that the City of Worcester has begun to put substantial efforts into its sewer system to control overflows, and the proposed penalty takes those efforts into account,” said Robert Varney, EPA regional Administrator. “Looking forward, EPA is confident that the city will work collaboratively with EPA staff to eliminate overflows.”
EPA Cites Nucor Steel for Carbon Monoxide
EPA Region 5 recently cited Nucor Steel for alleged Clean Air Act violations at the company's steel mini-mill in Crawfordsville, Ind.
EPA alleges that Nucor violated EPA regulations by exceeding limits on carbon monoxide emissions from one of its furnace stacks. The alleged violations were discovered during tests done June 14 by a company contractor.
"EPA's mission is to protect public health and the environment," said Acting Regional Administrator Bharat Mathur. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."
These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. Nucor has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations.
When carbon monoxide enters the bloodstream, it reduces delivery of oxygen to the body's organs and tissues. Exposure to high levels of carbon monoxide can impair vision, hand movement, learning ability and performance of complex tasks, and can cause death.
EPA Cites Decorative Panels International for Opacity Violations
EPA Region 5 cited Decorative Panels International Inc. for alleged Clean Air Act violations at the company's hardboard production plant in Alpena, Mich.
EPA alleges that 2004 and 2005 data from continuous monitors at the company's boilers showed that opacity, or the amount of light obscured by particulates (smoke, dust, ash) exceeded limits in federal and state regulations and in the company's state operating permit.
These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. DPI has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations.
Inhaling high concentrations of particulates can affect children, the elderly and people with heart and lung diseases the most.
Prohibition on Transport of Lithium Batteries Aboard Passenger Aircraft
That interim final rule imposed a limited prohibition on offering for transportation and transportation of primary lithium batteries and cells as cargo aboard passenger-carrying aircraft and equipment containing or packed with large lithium batteries.
In this final rule, DOT corrected Special Provision A101 to specify that the net weight of a package containing a lithium battery or cell that is packed with equipment may be transported on board passenger-carrying aircraft, provided that the net weight of the lithium batteries in the package does not exceed 5 kg and the other conditions set forth in the special provision are met. This limit does not affect the amount of lithium authorized in a battery or a cell.
Those limits (i.e., 1 and 2 grams for liquid and solid untested batteries, respectively, and 25 grams for tested batteries) are specified in 49 CFR 173.185(b) and (c). This amendment does not affect the aircraft quantity limits for lithium batteries that are transported as Class 9.
Tips for Avoiding a Heating Oil Leak or Spill and Protecting the Environment
The winter heating season is upon us. The Massachusetts Department of Environmental Protection (MassDEP) offered several sensible, precautionary steps homeowners who heat with oil can take to head off potentially costly problems caused by fuel leaks and spills. The typical cleanup cost from spills ranges from $20,000 to $50,000.
For all heating oil systems
Every fall you should:
- Inspect for leaks. Look at the tank, fuel delivery line, valves, piping, and fittings.
- Have your oil company clean the furnace and repair or replace damaged parts. A well-maintained furnace means lower fuel bills and cleaner emissions.
- Inspect the vent pipe to ensure that it is free of obstructions and that an audible signal (whistle) is on the vent. Oil company personnel listen for the whistle to help avoid overfills.
Year-round you should:
- Retain all oil delivery receipts. Keep them handy so you can track your oil demand. Unexpected increases could mean a leak.
- Ensure that your street number is clearly visible from the road to prevent oil company personnel from delivering fuel to the wrong address.
- Clearly mark the location of the tank's fill pipe to ensure that oil company personnel deliver your order to the right place.
At least every 10 years, have the oil tank cleaned out. Over time, water (from condensation) and sludge can cause corrosion, resulting in leaks.
If you remove your tank, also remove fill and vent pipes immediately to prevent a fuel delivery to a location without an attached tank. For your new tank, consider purchasing one with double walls; they provide an extra layer of protection regardless of where the tank is located.
For indoor above-ground tanks
Inspect indoor above-ground storage tanks for signs of pitting and corrosion, particularly at the bottom of the tank. Tanks primarily rust from the inside out, so if signs of aging are present, replace the tank. Indoor tanks generally do not last more than about 30 years, and often their lifespan is much shorter.
Consider installing two inexpensive upgrades. Place a plastic heating oil tray or pan under the tank, and replace the fuel delivery line with one encased in a protective sleeve. The pan or tray will make it easier to keep the tank area clean and help identify and contain small leaks. Installing a sleeve that covers the delivery line protects it from physical damage and moisture.
For underground tanks
Determine if the underground storage tank is made of steel (common) or fiberglass (rare). Most steel underground storage tanks will last approximately 10 to 20 years. If the tank is older than that or the age is unknown, replace it with an above-ground storage tank. Locate your new tank under a shelter or inside a basement or garage to prevent rust, corrosion, or damage.
For outdoor above-ground tanks
Ask an oil technician to inspect the stability of the above-ground tank. A full 275-gallon tank weighs more than 2,000 pounds. They have metal legs and should sit on a concrete pad. If the legs become loose or the pad cracks, the tank can fall over and rupture.
Replace outdoor above-ground storage tanks that have been uncovered for 10 years or longer. These tanks rust from the inside out, so cleaning or painting the outside does not usually prolong their life.
Protect the tank from the weather, such as falling snow and ice, and prevent ruptures by tree limbs.
In an emergency
If you suspect an oil leak or spill, immediately contact your oil company and fire department for assistance. Leaks or spills of 10 gallons or more must be reported to MassDEP within two hours. To report a leak or spill, call the fire department, and MassDEP (within two hours) at the 24-hour statewide emergency response number: 1-888-304-1133.
If you have a substantial leak or spill, the guide will help you navigate the steps required to clean it up.
Environmental Strike Force Investigation Uncovers Violations at Graziano Inc.
Graziano, Inc. and the M & G Realty Trust, which together control and/or own several parcels of land along Adams Street in Braintree, have been penalized $47,051 by the Massachusetts Department of Environmental Protection (MassDEP) as the result of an investigation into the source of sediment-laden discharge along the Monatiquot River.
An investigation of Graziano by the Massachusetts Environmental Strike Force found numerous violations including illegal discharges to a stream and wetland from the company's sand-and-stone washing and concrete-batching operations, failure to obtain MassDEP determination regarding solid waste activities, and improper storage and labeling of hazardous waste oil.
In addition to the penalty, Graziano and the Trust have agreed to hire a qualified wetlands scientist or botanist to oversee the construction of a vegetated buffer strip at least 25 feet wide along the northern border of the company's stockpile area and the river. The estimated completion cost of this supplemental environmental project (SEP) is $33,795.
"Discharges that were traced back to Graziano's concrete batching operation not only revealed a high pH, which can be hazardous to aquatic life, but also high turbidity – a cloudy mix of total suspended solids that settles out as sediment buildup. This can cause an increase in the fish-egg mortality for smelt, alewife and other species," said Pamela Talbot, acting director of MassDEP's Environmental Strike Force. "It's an important component that as part of this settlement, there is creation of a vegetated buffer that will provide added protection to the Monatiquot River and wetlands."
After taking immediate steps to bring the operation into compliance, Graziano will also develop a storm water pollution prevention plan that includes a redesigned settling basin within 90 days. MassDEP has agreed to suspend $7,051 of the penalty if all the terms of the agreement are met.
Bulk Petroleum Corporation Fined $195,000 for Water Permit Violations
The Michigan Department of Environmental Quality (DEQ) cited Bulk Petroleum Corporation for violations of Bulk Petroleum’s coverage under the National Pollutant Discharge Elimination System General Permit that authorized the discharge of treated wastewater at its facilities located in Grand Rapids and Kentwood.
“When operators fail to comply with their permits, they place the residents and resources of this state at risk,” said DEQ Director Steven E. Chester. “The DEQ provides dischargers with every opportunity to comply with their permits, but we must take action when those obligations are not met in order to keep our environment safe.”
Added Michigan Attorney General Mike Cox, "Those who create environmental hazards must be held accountable for their actions. The protection and safety of all Michigan residents remains paramount."
Bulk Petroleum treated groundwater contaminated with gasoline and other petroleum products at the facilities and discharged under the permit during 2002. The DEQ discovered several violations during this time, including failure to have a certified operator for the facilities; numerous exceedances of maximum daily effluent limitations for total BTEX (benzene, toluene, ethylbenzene, and xylenes), pH, and MTBE (methyl tertiary-butyl ether); and several missed sampling events and equipment inspections. Bulk Petroleum has ceased discharges at the two facilities, and their permit coverage was terminated in 2004.
The settlement provides for payment of $195,000 in civil fines and costs of investigation and enforcement. In conjunction with this settlement, Bulk Petroleum settled a third-party lawsuit against its former consultant, Aqua-Tech GeoTechnical Consultants, Inc. that specifies the allocation and payment terms of the civil fines and costs agreed to in the state’s settlement with Bulk Petroleum.
Ohio EPA Fines Delta Plating for Hazardous Waste Violations
Delta Plating, Inc., doing business as Olymco Incorporated, will improve its hazardous waste management practices and pay a $53,000 penalty to settle hazardous waste violations at its facility located in Canton, Ohio.
During repeated facility inspections, Ohio EPA found numerous violations of Ohio's hazardous waste laws including storing and disposing of hazardous waste without a permit and failing to meet hazardous waste tank standards.
Olymco performs nickel and chrome electroplating services for the aeronautical, appliance and architectural industries and generates hazardous wastes including spent plating bath solutions and wastewater treatment plant sludge.
The civil penalty includes $42,400 to Ohio's hazardous waste cleanup fund and $10,600 to Ohio EPA's clean diesel school bus program.
Pennsylvania DEP Orders Maid-Rite Steak to Control Odors and Pay $25,425 Fine
Maid-Rite Steak Co. of Dunmore, Lackawanna County, Penn., will have to pay a $25,425 fine and upgrade its air pollution control equipment in response to numerous odor complaints by residents and documented violations by the Department of Environmental Protection (DEP).
DEP issued the consent order and agreement (COA) to Polarized Meat Co. Inc., Maid-Rite’s parent operation. “We ordered the company to address odor violations in the past and they attempted to comply, but the complaints and violations continue,” DEP Northeast Regional Director Michael D. Bedrin said. “This action requires the company to install additional controls on its meat cooking processes to eliminate nuisance odors and address neighbors’ concerns.”
Maid-Rite was required to install air pollution controls under the terms of an order signed in August 2004. The company completed installation of odor-control equipment in February 2005. However, complaints continued and the department documented violations even after that equipment was operational.
The new COA requires the company to design a system and submit a permit application for additional air pollution controls by Nov. 20. Those pollution controls must be installed 120 days from the date the company receives plan approval from DEP. The company also must inform nearby residents of its activities and progress toward compliance.
“Maid-Rite has committed to solving this problem, pay the fine and install the needed equipment over the winter months to eliminate odors in the community,” Bedrin said.
The fine will be paid to the state’s Clean Air Fund, which finances air quality improvements throughout the commonwealth. The department’s COA is an enforceable action that can be appealed to the Environmental Hearing Board in Harrisburg.
Washington Takes Bold Steps to Prevent Spills, Enhance Response Readiness
The Washington Department of Ecology (Ecology) has adopted two new rules to prevent spills during oil transfers to ships and ensure that oil handling companies and vessel shipping firms are able to mount effective responses to oil spills, regardless of size.
In 2004, the legislature adopted a zero-spills goal in the wake of a 4,700-gallon heavy fuel oil spill that occurred during an oil transfer at Point Wells in Snohomish County. The Dec. 30, 2003, spill fouled beaches in Snohomish and Kitsap counties, including an important Suquamish Tribe shellfish bed.
Lawmakers directed Ecology to set new standards to help prevent similar spills in the future. Where it is safe and effective, the law requires those involved in oil transfer to place oil spill containment boom around barges, ships and other vessels when they are delivering or taking on oil.
The new transfer rule addresses how oil will be transferred over water from oil tankers, oil barges, shore-based marine terminals, marinas and, for the first time, fuel trucks.
"Pollution prevention is our No. 1 priority. These new requirements are crucial for helping protect Puget Sound, Columbia River, and other water bodies from the adverse effects of oil spills," said Dale Jensen, who oversees Ecology spill prevention, preparedness and response efforts.
Jensen said that in the past, Ecology's spill prevention focus was limited to oil refineries, large marine terminals and major maritime shipping operations.
"These rules implement expanded authority under the new law to prevent spills from oil transfers involving tank trucks, oil terminals that fuel large commercial ships, and marina operations. However, all recreational boats are exempt," he said.
Ecology has added six new inspectors to oversee oil transfer activities across the state including the Columbia-Snake river system, Strait of Juan de Fuca and Puget Sound.
Under the updated oil spill contingency plan rule, companies that transport oil in and out of Washington will still need an individual response plan in place before plying state waters. The revised rule requires tank vessels, cargo and passenger ships, oil storage facilities, and pipeline companies to demonstrate they can rapidly mount an effective response if they spill oil.
The rule focuses on early spill response actions and staging adequate response equipment throughout the state, with a much stronger focus on highly sensitive areas in Puget Sound, the outer coast, San Juan Islands and in the Columbia River estuary. The rule also improves Ecology's spill readiness drill program.
"Our tourism, commercial shellfish, and recreation industries are crucial to maintaining our vibrant economy and quality of life," Jensen said. "I am confident that these new and improved rules will prevent many oil spills, and should one occur, we will have stronger plans in place to minimize environmental and economic damage."
