Canada and Mexico have joined the United States in proposing to expand the scope of the Montreal Protocol on Substances that Deplete the Ozone Layer. The Montreal Protocol is a treaty that includes 196 countries signed in 1987. The goal of the Montreal Protocol is to help restore the ozone layer by ending the production of ozone-depleting substances and now potentially phasing down hydrofluorocarbons (HFCs), which are a significant contributor to climate change.
EPA led the analysis in the proposal, which demonstrates environmental benefits equal to removing greenhouse gas (GHG) emissions from 59 million passenger cars each year through 2020, and 420 million cars each year through 2050. Reducing HFCs would help slow climate change and curb potential public health impacts.
During the phase-out of chlorofluorocarbons (CFCs) under the Montreal Protocol and the Clean Air Act, manufacturers of equipment such as car air conditioners and kitchen refrigerators substituted HFCs for CFCs. The new trilateral proposal would phase down HFCs, which are up to 14,000 times more damaging to the Earth’s climate system than carbon dioxide. Even though efforts over the past decade have reduced emissions, global atmospheric concentrations of HFCs continue to increase. Without this proposal, HFC use in developing countries is anticipated to grow substantially, driven both by increased demand for refrigeration and air-conditioning, and because HFCs were developed as alternatives to ozone depleting substances.
EPA evaluates substitute chemicals and technologies for ozone-depleting substances. Additionally, EPA will propose four refrigerants as possible substitutes in U.S. household and commercial refrigerators and freezers. These hydrocarbon-based coolants would replace existing refrigerants that harm the stratospheric ozone layer and the climate system. The proposal lists isobutane, propane, HCR-188C, and HCR-188C1 as potentially acceptable substitutes for the ozone-depleting chemicals CFC-12 and HCFC-22.
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Report Shows U.S. Drinking Water and Watersheds Still Widely Contaminated by Atrazine
A widely used pesticide known to impact wildlife development and, potentially, human health continues to contaminate watersheds and drinking water throughout much of the United States, according to a new report released by the Natural Resources Defense Council (NRDC).
“Sadly, new data doesn’t point to new results—atrazine can be found everywhere we look,” said Jennifer Sass, PhD, NRDC Senior Scientist and an author of the report.
Banned by the European Union, atrazine is the most commonly detected pesticide in U.S. waters and is a known endocrine disruptor, which means that it affects human and animal hormones. Last year, NRDC’s Poisoning the Well report shined a bright light on widespread contamination of American drinking water by the pesticide atrazine.
An EPA investigation of the chemical kicked off soon after the report was released and magnified by prominent media coverage, with expert meetings held recently in Washington, D.C.
Atrazine season is here, and while it is great to see EPA revisiting the registration of this pesticide, until they change monitoring policy high concentrations in drinking water will continue to be ignored,” said Sass. “This exposure could have a considerable impact on reproductive health. Scientific research has tied this chemical to some ghastly impacts on wildlife and raises red flags for possible human impacts.”
The report reveals that all of the watersheds monitored by EPA and 80% of the drinking water sampled tested positive for atrazine. Contamination was most severe in Illinois, Iowa, Indiana, Missouri, Kansas, and Nebraska. An extensive U.S. Geological Survey study found that approximately 75% of stream water and about 40% of all groundwater samples from agricultural areas contained atrazine, and according to the New York Times, an estimated 33 million Americans have been exposed to atrazine through their drinking water systems.
“The extent of contamination continues to be shocking,” said Mae Wu, an attorney in NRDC’s Health and Environment program focused on the regulation of pesticides, toxins and drinking water. “It has been found everywhere that regulators have looked for it. Given the troubling questions that continue to be raised by independent scientists, we continue to believe that this dangerous weed killer needs to come off the market so that we can keep it out of our drinking water.”
“People living in contaminated areas need to be made aware, so they can use filters to protect themselves,” said Sass.
Atrazine is regulated by EPA under the Safe Drinking Water Act (SDWA). EPA has determined that an annual average of no more than 3 ppb of atrazine may be present in drinking water. One of the chief findings of the report was that this reliance on a “running annual average” allows levels of atrazine in drinking water to peak at extremely high concentrations.
Given the pesticide’s limited economic value and the fact that safer agricultural methods can be substituted to achieve similar results, NRDC recommends phasing out the use of atrazine, more effective atrazine monitoring, the adoption of farming techniques that can help minimize the use of atrazine to prevent it from running into waterways. The report also underscores the importance of using home filtration systems.
The effects associated with atrazine have been documented extensively. Some scientists are concerned about exposure for children and pregnant women, as small doses could impact development of the brain and reproductive organs. Research has also raised concerns about atrazine’s “synergistic” affects, showing potential for the chemical having a multiplier affect to increase toxic affects of other chemical co-contaminants in the environment. A study in Indiana has shown there is a significant correlation between atrazine in tap water and low birth weight.
EPA Proposes New Rule on Regulation of Coal Ash
Coal Combustion Residuals (CCRs), often referred to as coal ash, are currently considered exempt wastes under an amendment to RCRA. They are residues from the combustion of coal in power plants and captured by pollution control technologies, like scrubbers. Potential environmental concerns from coal ash pertain to pollution from impoundment and landfills leaching into ground water and structural failures of impoundments, like that which occurred at the Tennessee Valley Authority’s plant in Kingston, Tennessee. The need for national management criteria was emphasized by the December 2008 spill of CCRs from a surface impoundment near Kingston, Tennessee. The tragic spill flooded more than 300 acres of land with CCRs and flowed into the Emory and Clinch rivers.
EPA is proposing to regulate coal ash to address the risks from the disposal of the wastes generated by electric utilities and independent power producers. EPA is considering two possible options for the management of coal ash for public comment. Both options fall under RCRA but neither option would regulate the CCRs as hazardous waste.
Under the first proposal, EPA would list these residuals as special wastes subject to regulation under subtitle C of RCRA when destined for disposal in landfills or surface impoundments. Under the second proposal, EPA would regulate coal ash under subtitle D of RCRA, the section for non-hazardous wastes. The Agency considers each proposal to have its advantages and disadvantages, and includes benefits which should be considered in the public comment period.
The official rule will become available as soon as it is published by the Federal Register Office.
Slaughterhouse Will Pay $750,000 to Resolve Clean Water Act Permit Violations
Washington Beef LLC, the operator of a large slaughterhouse in Toppenish, Washington, has agreed to pay a $750,000 civil penalty and will install several pieces of new waste water treatment equipment that EPA estimates will cost approximately $3 million to resolve allegations that it violated the Clean Water Act. Washington Beef is owned by AgriBeef Co., a privately held corporation based in Boise, Idaho. Its facility is located in Toppenish on the Yakama Indian Reservation.
Under the settlement, Washington Beef will pay the civil penalty and will install five new pieces of equipment including a new sequential batch reactor, which is a large concrete basin equipped with aerators in which bacteria break down organic pollutants from the slaughterhouse. The addition of the sequential batch reactor and other equipment will greatly increase the treatment capacity at the plant.
According to a complaint filed with the settlement agreement in federal court in Spokane, Washington, Washington Beef violated the Clean Water Act on numerous occasions from 2003 until 2009. EPA alleges that the company discharged partially-treated slaughterhouse wastes into the Spencer Lateral and the Wanity Slough, nearby waterways, without a permit for an extended period, and it also exceeded the level of pollutants allowed by its permit on numerous occasions. The company has recently obtained a permit for all of its discharges, and is currently meeting its permit limits. The new equipment the company is installing should help ensure future compliance with the Clean Water Act.
Real Estate Developer Fined $134,000 for Damages Caused by Unmanaged Runoff
The Washington Department of Ecology (Ecology) has fined real estate developer David Milne $134,000 after continued mismanagement of a 40-acre construction site caused the destruction of steelhead and salmon streams in Mount Vernon in 2008. Ecology also has issued an administrative order requiring Milne to restore the damaged streams.
On May 21, 2008, a detention pond wall failed on Milne’s construction site for the Creek at Parkwood development, releasing a torrent of muddy water to Thunderbird and East Thunderbird creeks. The mud, water, and debris scoured the bottom of the two creeks and settled in Trumpeter Creek.
About a mile of salmon spawning and rearing habitat was destroyed. The creeks have documented populations of Coho and Chinook salmon and steelhead trout. Chinook and steelhead are listed as threatened under the federal Endangered Species Act. Washington Department of Fish and Wildlife employees had seen juvenile salmon in the creeks a week earlier.
Milne hired a series of contractors to prepare a 40-acre tract of land—about 20 acres of which was cleared of vegetation and leveled—for construction of his Creek at Parkwood residential development. Ecology and city inspectors repeatedly found violations, including unstable soil, muddy water flowing from the site, the unfinished detention pond and poor recordkeeping and reporting.
The inspectors worked with the contractors to correct problems, but when Milne stopped paying for work, the contractors left the site unsupervised, and conditions deteriorated until the detention pond failed.
“This series of violations is one of the most egregious we’ve seen from a construction site,” said Ecology Director Ted Sturdevant. “The destruction of habitat and blatant disregard for neighboring property is unacceptable. This was entirely preventable. This is exactly why we need to regulate stormwater on construction sites.”
Business Owner Pleads Guilty to Felony Unlawful Disposal of Hazardous Waste
Robert Beam, former owner of Chrome Doctor and Chrome Technology, has pled guilty in the 14th Judicial District Court to felony Unlawful Disposal of Hazardous Waste. In March 2004, Beam was arrested a second time for illegally disposing of hazardous waste at Chrome Technology, his other chrome plating business in Lake Charles.
“Anyone participating in, or having knowledge of, any act of illegal disposal of hazardous waste will be held accountable for their actions,” said Peter Ricca, Manager of Radiological and Emergency Planning and Response at DEQ. “The eradication of the illegal disposal of hazardous waste is a top priority for DEQ, and we will continue to work diligently to bring these violators to justice.”
“We will not tolerate the intentional introduction of hazardous materials into the environment in Calcasieu Parish,” said District Attorney John DeRosier. “We will vigorously seek out and prosecute all offenders who would place our citizens at risk to make a larger profit.”
Beam was sentenced to pay over $72,000 in criminal fines, restitution, and court costs. In addition, Beam was placed on probation for five years and was sentenced to 30 days of community service. Beam was also barred for life from engaging in any operations relative to the chrome plating business or which require a permit from DEQ.
Berry Plastics Corp. Fined $46,000 for SARA Title III Reporting Violations
Berry Plastics Corporation has settled with EPA and agreed to pay a $46,060 penalty for violations of the federal Emergency Planning and Community Right-to-Know Act (EPCRA or SARA Title III) at its Kent, Washington facility. The company manufactures plastic bags for bakery goods and frozen foods.
The company failed to promptly submit TRI Reports to EPA and the State of Washington for its use of glycol ethers in 2004, 2005, and 2007. After EPA notified Berry Plastics of the missing reports, the company filed the outstanding reports with both EPA and Washington State.
Metal Engraving Firm Fined $31,612 for SARA Title III Reporting Violations
An August 2009 inspection of Holland 1916’s facility showed that the company had not filed SARA Title III reports showing it manufactured, processed, or otherwise used the chemicals toluene, chromium, and nickel in excess of the applicable threshold quantities for 2006, 2007, and 2008. SARA Title III requires that Holland 1916 file the annual reports because it manufactures or processes more than 25,000 lb of these chemicals, and otherwise uses more than 10,000 lb of these chemicals per year.
As part of the consent agreement, Holland 1916, Inc., has certified that it is now in compliance with all requirements of SARA Title III and its regulations.
Albaugh, Inc. to Pay $27,360 for Importing Misbranded Pesticide
Albaugh, Inc., an agrichemical company based in Ankeny, Iowa, has agreed to pay a $27,360 civil penalty to the United States to settle allegations related to the importation of nearly 1,000 tons of misbranded pesticide from Argentina.
According to a consent agreement and final order filed in Kansas City, Kansas, Albaugh violated the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by importing a total of 1,990,440 lb of the misbranded pesticide 2,4-D Acid to the Kansas City Port of Entry during March and April.
The six shipments, comprising a total of 1,026 bags of the pesticide, were delivered to Albaugh’s facility at 4900 Stockyards Expressway, in St. Joseph, Missouri.
Under FIFRA, the bags were considered to be misbranded because they did not have required labeling that must include directions for the safe and proper use and handling of the pesticide. Albaugh was ordered to hold the material until it was relabeled with the correct information.
Designated as a herbicide, 2,4-D is used in many products to kill weeds, often in mixtures that contain other herbicides. It comes in several forms, including salts, esters and acids, according to the National Pesticide Information Center. As part of the consent agreement, Albaugh has certified that it is now in compliance with FIFRA and its regulations.
Washington State DOT Highway Project Fined for Violations of Water Quality Permit
The Washington State Department of Ecology (Ecology) has fined the Washington State Department of Transportation (WSDOT) $11,000 for failing to take required steps to protect water quality in 2009 and 2010 along part of the State Route 900 widening project in Issaquah.
WSDOT failed to properly maintain silt fencing along the mile-long project. A silt fence is fabric supported by wire mesh that traps mud and silt, but allows water to pass. The bottom edge of the two-foot fence must be kept firmly anchored into the soil. Ecology inspectors found this edge was allowed to go loose in May and September, 2009 and in February 2010. The Ecology permit that governs the discharge of stormwater on construction projects requires regular inspection and maintenance of measures to prevent polluted stormwater runoff.
The project adjoins Tibbets Creek and several tributaries. The waterway contains several species of salmon and steelhead trout. Muddy or silty water harms fish and other aquatic life in streams. The fine particles damage fish gills and settle into stream gravel, destroying habitat.
“Protective measures like silt fences only work if they are properly maintained,” said Kevin Fitzpatrick, Ecology’s regional water quality supervisor. “We’re issuing this fine to reinforce with WSDOT that regular inspection and repair of stormwater controls is basic to all construction and can never be overlooked.”
“WSDOT takes water quality seriously and we make every effort to routinely repair and secure our silt fencing,” said Lorena Eng, Regional Administrator. “WSDOT believes that there was no harm to the environment or nearby sensitive areas as a result of the maintenance.”
Construction stormwater permitting and enforcement are part of Ecology’s ongoing efforts to meet the state’s goal of protecting and restoring Puget Sound’s water quality by 2020.
Local and National Groups Stand Firmly Against Offshore Drilling
In the wake of the BP Deepwater Horizon oil spill in the Gulf of Mexico, Earthjustice has joined 44 other environmental and civil society organizations to deliver a letter to the Senate, urging senators to reconsider plans to oppose efforts to expand offshore oil and gas exploration and drilling off of our coasts in future legislation.
“Expanding exploration and drilling into previously protected and remote areas is unacceptable when it is clear that we are not capable of responding to oil spills in a timely manner,” said the group, also characterizing this environmental catastrophe as “proof positive that we must end our addiction to oil, enact a firm limit on carbon pollution, and ensure this type of disaster never happens again.”
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Trivia Question of the Week
According to Planet Green, how many new green jobs would be generated by 2025 if a quarter of American energy were produced from renewable sources by 2025?
a. 1,000
b. 300,000
c. 5,000,000
d. One Billion
