Chemicals that helped solve a global environmental crisis in the 1990s—the hole in Earth’s protective ozone layer—may be making another problem—acid rain—worse, scientists are reporting.
Jeffrey Gaffney, Carrie J. Christiansen, Shakeel S. Dalal, Alexander M. Mebel, and Joseph S. Francisco point out that hydrochlorofluorocarbons (HCFCs) emerged as CFC replacements because they do not damage the ozone layer. However, studies later suggested the need for a replacement for the replacements, showing that HCFCs act like super greenhouse gases, 4,500 times more potent than carbon dioxide. The new study adds to those concerns, raising the possibility that HCFCs may break down in the atmosphere to form oxalic acid, one of the culprits in acid rain.
They used a computer model to show how HCFCs could form oxalic acid via a series of chemical reactions high in the atmosphere. The model, they suggest, could have broader uses in helping to determine whether replacements for the replacements are as eco-friendly as they appear before manufacturers spend billions of dollars in marketing them.
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El-Sibaie is New Associate Administrator for Hazardous Materials Safety
On March 15, Dr. Magdy El-Sibaie will officially assume his duties as the new Associate Administrator for Hazardous Materials Safety in the Pipeline and Hazardous Materials Safety Administration (PHMSA). Since October 2009, Dr. El-Sibaie has filled a temporary posting as the Acting Associate Administrator for Hazardous Materials Safety. Under his skilled leadership the Hazardous Materials Safety Program responded decisively and aggressively to address hazardous materials safety issues raised by Congress and the DOT Inspector General, to include completing implementation of a Special Permits Action Plan. Dr. El-Sibaie came to PHMSA from his former position as Director of the Office of Research and Development at the Federal Railroad Administration.
$15,000 Settles Diesel Emissions Violations
The California Air Resources Board (ARB) has settled with RDO Equipment Company of Riverside, California, $15,000 for failing to properly self-inspect its diesel trucks to assure they meet state smoke emission standards.
The violations occurred during 2008 and 2009, when RDO neglected to test, measure, record and maintain emissions records from its heavy duty fleet. The ARB considers these practices to be vital tools in helping to reduce excessive smoke emissions from mobile sources.
“Every ounce of pollution counts,” said ARB Enforcement Chief James Ryden. “Our laws exist for good reasons. All companies have to follow the rules and perform the required tests for the sake of our collective health.”
As part of the settlement, RDO is required to:
- Guarantee employees or contractors responsible for conducting the inspections attend a California community college training class on diesel emissions compliance testing and provide certificates of completion within one year;
- Provide documentation to ARB that the inspections are being carried out through 2012;
- Ensure all heavy-duty diesel vehicles have their software updated with the latest low-NOx (oxides of nitrogen emissions) programming;
- Instruct vehicle operators to comply with the state’s idling regulations;
- Ensure all diesel truck engines are up to federal emissions standards for the vehicle model year and are properly labeled with an emissions control certification label.
The company will pay $11,250 to the California Air Pollution Control Fund to support projects and research to improve California’s air quality. The remaining $3,750 will go to the Peralta Community College District to fund emissions education classes conducted by participating California community colleges.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death and other health problems.
Louisiana DEQ to Distribute Questionnaires as Part of the Mercury Risk Reduction Plan
Beginning this month, the Louisiana Department of Environmental Quality (DEQ) will distribute questionnaires to approximately 180 natural gas pipeline owners and operators across the state as part of the Mercury Risk Reduction Plan.
In 2007, DEQ implemented the Mercury Risk Reduction Plan in order to engage industry, regulatory agencies, groups and individuals in reducing the use, release and exposure of mercury within the state. As part of that plan, DEQ has implemented a voluntary survey by which representatives from the oil and gas industry can take a proactive approach to identify, monitor, and clean up potential mercury release locations.
“This questionnaire is our first shot at asking the industry as a whole to provide us help in locating potential sites where elemental mercury may be impacting the environment. It is our best chance at addressing the most easily removed sources of mercury affecting our watersheds and wildlife,” said Bill Schramm, DEQ Geologist III.
The questionnaire seeks information on how a pipeline owner/operator may inventory their mercury manometer locations and how ownership of these properties has been transferred through the years. Manometers are measurement devices containing mercury used to record natural gas production across the state. With 20,000–30,000 potential manometer locations in Louisiana, DEQ has been successful in working with several companies over the past 20 years in order to identify and assess approximately 5,000 manometer locations. Volunteers are asked to complete and return their questionnaires within 30 days, or make arrangements with DEQ if further time is needed.
Information gathered from the questionnaires will be compiled into a database which will enable DEQ to monitor and track areas in the state that may contain mercury readings that are above regulatory limits. Upon identification of mercury manometer locations, DEQ will assist site owners/operators in their assessment and clean up efforts through oversight and field testing programs.
This effort is an outcome of the EPA National Partnership for Environmental Priorities (NPEP), a partnership which focuses on the reduction of potentially hazardous chemicals from products and processes across the United States. Under NPEP, DEQ has partnered with the EPA, industry, and others in order to reduce the use of toxic chemicals, such as mercury and lead, in the environment. “The USEPA has been very supportive of the DEQ Mercury Reduction Program by providing substantial funding and resources to help discover and reduce the mercury burden released to Louisiana’s environment,” said Schramm.
Harvard School of Public Health Fined for Failure to Report Nitrogen Release
The Massachusetts Department of Environmental Protection (MassDEP) has penalized the Harvard School of Public Health (HSPH) $24,805 for failure to immediately report and conduct necessary response actions following a December 22, 2008, release of approximately 1,200 gallons of liquefied nitrogen at its Boston facility.
MassDEP also issued a $19,837 penalty to Linde North America Inc. (Linde), of Murray Hill, New Jersey, for similar violations during the same incident, which occurred at 651-677 Huntington Ave. Linde is the company that supplies, owns, and maintains the liquefied nitrogen storage system at the HSPH location.
At 11:12 p.m. on December 22, 2008, Linde’s personnel departed the HSPH facility after having delivered liquefied nitrogen to a storage system that includes twin 1,500-gallon storage tanks located in an alleyway. Within one hour, liquefied nitrogen began leaking from the outdoor storage tanks and from connected piping and components in the cryogenic storage area of the HSPH facility. The storage system had been overfilled, and over the next several hours resulted in the release of approximately 1,200 gallons of liquefied nitrogen.
Regulations require immediate state notification involving a release of liquid nitrogen over 10 pounds, but both HSPH and Linde failed to notify MassDEP promptly. Linde finally notified MassDEP at 10:45 a.m. the next day. State regulations also require that appropriate response actions be conducted immediately to protect on-site personnel and surrounding populations.
Neither HSPH nor Linde took adequate measures to control hazards posed by this release. In addition, Linde subsequently failed to provide a timely written response to MassDEP’s request for information on the incident.
“Releases of liquefied nitrogen, especially to a confined space, can result in hazardous conditions that can quickly escalate to endanger lives,” said Richard Chalpin, Director of MassDEP’s Northeast Regional Office in Wilmington. “So, it is imperative that appropriate staff within both HSPH, and Linde’s organizations, are aware of the responsibility to notify MassDEP and take immediate and comprehensive actions to protect on-site personnel and surrounding populations.”
Liquefied nitrogen is a cryogenic liquid that rapidly boils and expands as a gas when released. In low or confined spaces, the expanding gas may displace oxygen, creating potentially fatal conditions. Direct contact with liquefied nitrogen may also cause frostbite, or burns, on exposed tissue.
HSPH will pay $9,000 of the assessed penalty and MassDEP has agreed to suspend the remaining $15,805 if the facility develops within 45 days a plan for notifying and responding to releases of oil or hazardous materials.
Linde acknowledged that the release resulted from a tank overfill by its delivery personnel. Linde will pay $10,000 of the penalty, while MassDEP will suspend the remaining $9,837 if Linde develops a plan for notifying and responding to releases of oil or hazardous materials within 45 days.
DEGS Fined $310,000 for Self-Disclosed NOx Monitoring Violations
DEGS of Narrows LLC, a steam and electricity provider for Celanese Acetate’s manufacturing plant in Narrows, Virginia, has settled alleged Clean Air Act violations with the Department of Justice, EPA, and the Commonwealth of Virginia.
As part of the settlement, DEGS has agreed to pay a civil penalty of $310,000 of which $155,000 will be paid to United States and the other $155,000 to the Commonwealth of Virginia.
“EPA will continue to work with our state partners to safeguard public health by making sure companies comply with environmental laws,” said EPA Regional Administrator Shawn M. Garvin. “Accurately monitoring and reporting environmental information is a legal and public obligation.”
In addition to paying the civil penalties, DEGS has agreed as part of the settlement to surrender 450 tons of nitrogen oxides (NOx) allowances to EPA, resulting in the elimination of 450 tons of NOx emissions that would otherwise be permissible through pollution trading.
NOx contributes to the formation of acid rain and also increases low-level ozone, which causes smog. NOx can cause severe respiratory problems and exacerbate cases of childhood asthma.
The United States and the Commonwealth of Virginia alleged that DEGS failed to comply with federal and state requirements for maintaining quality-assured data from continuous emissions monitors for NOx from 2003 through 2007. Although not required in the settlement, the company has increased its institutional controls to ensure valid data is provided.
The United States and the Commonwealth also alleged that DEGs failed to comply with its operating permit under the Clean Air Act from 2003 to 2007 and failed to properly perform monitoring on valves and pressure relief devices to check for leaks during 2007.
Under EPA’s self-disclosure policy, which allows companies to self-report violations to EPA, DEGS disclosed continuous emission monitor violations in December 2006. Although DEGS did not meet the formal requirements of EPA’s self-disclosure policy, EPA agreed to a reduced penalty in this case because of the company’s self-disclosure. DEGS is a subsidiary of Duke Energy Corporation.
Ohio EPA Issues Covenant Not to Sue to Steelyard Commons
Through the voluntary efforts of a Cleveland developer, a former brownfield has been cleaned up and redeveloped into retail stores and restaurants.
Ohio EPA has issued a covenant not to sue to Steelyard Commons LLC for successfully cleaning up a 56.57-acre site located at 3447 Steelyard Drive. The property, which once housed portions of the former LTV and ISG steel finishing plant #2, now comprises the heart of the 127-acre Steelyard Commons shopping complex.
Following guidance established under Ohio EPA’s Voluntary Action Program (VAP), Steelyard Commons hired a certified professional to assess the property and identify any areas of environmental concern. With results from the investigation, the company removed contaminated soils and installed engineering controls to protect any commercial development.
A covenant not to sue protects the property owner or operator and future owners from being legally responsible to the State of Ohio for further investigation and cleanup. This protection applies only when the property is used and maintained in the same manner as when the covenant was issued.
This is the third covenant issued to Steelyard Commons. The company hopes to receive two more covenants once cleanup is complete throughout the entire site.
In the 14 years since Ohio EPA issued the first covenant under VAP, more than 4,350 acres of blighted land have been revitalized at more than 260 sites across the state.
Bartlett Grain Company to Pay $14,560 Civil Penalty to Settle Allegations of Unauthorized Pesticide Distribution
An agricultural merchant in Missouri has agreed to pay a $14,560 civil penalty to the United States to settle allegations that it repackaged and sold four different pesticides without proper authorization at its facility in Waverly, Missouri, in 2008.
According to a consent agreement, Bartlett Grain Company, LLC, headquartered in Kansas City, Missouri, was found to be in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as a result of an inspection of its Waverly facility by the Missouri Department of Agriculture in November 2008.
The inspection and subsequent review of records revealed that the business distributed or sold repackaged forms of the pesticides Medal II; Atra-5; Lo-Vol 4 2,4-D; and Parallel; all without having prior written authorization from the legal registrants of those products, as required by FIFRA.
As a result of the enforcement action, Bartlett Grain has since obtained the necessary written authorizations for all pesticide products that it repackages at the Waverly facility.
“The proper packaging and labeling of pesticides is important to farmers and consumers alike, because it protects public health and safety, and it also protects the environment,” Regional Administrator Karl Brooks said. “EPA is committed to the enforcement of these regulations.”
Settlement Resolves Chlorine Spills by Connecticut Power Plant
The owner and operator of a coal-fired power plant in Montville, Connecticut, AES Thames, LLC, will pay a penalty of $140,000 to resolve alleged violations of the federal Clean Water Act and other environmental laws, arising from releases of chlorine from the plant to the Thames River in 2006.
The settlement is contained in a Consent Decree announced by EPA last week. The Consent Decree also resolves alleged violations of steam production limits contained in AES Thames’ Clean Air Act permit.
Under the agreement, AES Thames will pay the cash penalty of $140,000 and take measures to prevent repeat violations, such as training its employees annually in spill prevention and response measures, and updating its spill response procedures to comply with applicable reporting requirements.
In both January and March 2006, AES Thames had accidental spills of sodium hypochlorite (chlorine) into the Thames River. Release of the chemical, which is used to keep cooling water pipes clear of growth, violated the facility’s Clean Water (NPDES) permit. On both occasions, AES Thames also failed to notify emergency response agencies in a timely manner, in violation of the permit and other environmental statutes.
Over several years, AES Thames also violated the heat input limits set forth in its Prevention of Significant Deterioration (PSD) permits. PSD permits are issued under the federal Clean Air Act for new and modified major sources of air pollution such as power plants, manufacturing facilities, and other facilities that emit air pollution. PSD permits apply to all pollutants that do not exceed the National Ambient Air Quality Standards (NAAQS) in an area. AES Thames has now applied for and obtained amended PSD permits that correct their calculation of steam flow and heat input. AES Thames is now operating in compliance.
The chlorine releases are not known to have caused specific environmental harm. Similarly, the alleged excess steam production is not known to have resulted in significant excess emissions.
AES Thames has revised and updated its Spill Prevention Control and Countermeasure Plan (SPCC), its Stormwater Pollution Prevention Plan (SWPP), its Chemical Handling and Spill Response Protocol, and its Emergency Action Plan safety protocol, to reflect and emphasize the correct regulatory requirements for reporting spills.
In addition AES Thames will conduct a Chemical Handling and Spill Response training annually for all employees. The training will emphasize the potential impacts of chemical spills, and specifically sodium hypochlorite spills, on the facility’s wastewater treatment system and the environment. AES Thames will assess the effectiveness of its Chemical Handling and Spill Response training program annually by testing those participating in the program to ensure that they are properly trained to handle chemicals and to respond to spills.
The consent decree, lodged in the U.S. District Court for the District of Connecticut, is subject to a 30-day public comment period and approval by the federal court.
Marina Fined for Violating the Clean Water Act
EPA fined No. 9 Marina of Eufaula, Oklahoma, $800 for violating federal Spill Prevention Control and Countermeasure () regulations outlined under the Clean Water Act.
A federal inspection of a bulk storage facility located at 7000 Highway 9 East in Pittsburg County, Oklahoma, found no evidence of a five-year review of the facility’s SPCC plan and the facility had not implemented appropriate containment and diversionary structures. Inspections and tests were not in accordance with written procedures developed for the facility and were not maintained for three years as required by federal regulations. Personnel working at the site had no training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, and applicable pollution control laws and regulations. The inspection also revealed spill prevention briefings were not scheduled and conducted periodically, and facility lighting was not adequate to facilitate the discovery of spills during hours of darkness and to deter vandalism.
As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected. SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and responses to prevent oil discharges.
Pella Corporation Agrees to Perform Environmental Investigation, Cleanup of Manufacturing Facility
As a result of a settlement filed by EPA Region 7, the Pella Corporation has agreed to conduct an investigation and cleanup of hazardous waste releases into soil and groundwater from its door and window manufacturing facility in Pella, Iowa.
The administrative order on consent, filed in Kansas City, Kansas, is intended to address a series of longstanding environmental issues related to soil and groundwater contamination around Pella Corporation’s facilities at 102 Main Street in Pella.
In 2006, under the authority of the Resource Conservation and Recovery Act (RCRA), EPA Region 7 completed an assessment of the company’s facilities in Pella and identified a total of 30 different potential sources of soil and groundwater contamination. The RCRA order follows up on EPA’s assessment and requires a thorough investigation and cleanup of wastes released from the facility. The contaminants to be addressed by Pella are primarily solvents and petroleum products related to wood treatment activities at the facility, including the solvent pentachlorophenol which has been detected in groundwater above federal drinking water levels.
The City of Pella relies on the Des Moines River and a deep well situated close to the company’s plant for its public drinking water. The company has committed under EPA oversight to investigate its hazardous releases, conduct a study to identify cleanup strategies, and then implement the cleanup selected by EPA at its own expense.
Real Estate Developer and its Demolition Contractor Agree to Pay Penalty for Clean Air Violations
A Vermont real estate developer and its demolition contractor together have agreed to pay $15,000 for alleged violations of the federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants for Asbestos, ).
In March 2008, the JIDDU/SITTU Trust of Colchester, Vermont, and CRC Excavating, LLC of Middlesex, Vermont, demolished buildings on two residential lots in Essex Junction, Vermont, as part of a commercial project to build a three-story, 35-unit apartment building.
According to EPA, JIDDU/SITTU and CRC failed to thoroughly inspect for asbestos prior to demolishing the buildings and failed to provide EPA with prior written notification of its intent to demolish, as required under federal asbestos demolition standards. Approximately 75,106 pounds (120 cubic yards) of uninspected demolition debris was removed from the two properties and disposed of at a waste transfer station.
The federal Clean Air Act and the Asbestos NESHAP require owners and operators of demolition and renovation operations to follow certain inspection and notification requirements prior to beginning such operations, and to abide by specific work practice and waste disposal requirements when the owners and operators identify the presence of regulated asbestos-containing material.
These violations of the Asbestos NESHAP could have posed significant health risks to the surrounding community, as well as to the employees conducting the demolition, since there was no evaluation of any potential asbestos risks that may have been raised from the demolition work. However, at this time, EPA is not aware of any specific harm caused by the violations alleged in this case.
To avoid similar issues at other development sites throughout Vermont, developers and their demolition contractors are mutually liable to report planned demolitions to both EPA and the Vermont Department of Health and should hire a licensed asbestos inspector to ensure either that no asbestos containing material is present, or, if present, ensure that the material is properly managed and disposed of. EPA’s asbestos regulations help protect workers and the public from inhaling airborne asbestos fibers. Breathing asbestos fibers can cause lung cancer, asbestosis, and mesothelioma, a cancer of the lining of the chest and the abdominal cavity.
Brian Karnofsky Jailed for Muscular Dystrophy, Jailers Blocked Bail Website
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Environmental Tip of the Week™, now is the time to help us give hope to kids and families that need our help. Brian’s jailers broke his website link, thinking that they could keep him in jail indefinitely. However, the website has been fixed.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007, 2008, and 2009, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
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Trivia Question of the Week
You should bring your clothes iron to a household hazardous waste collection point rather than throwing it in the trash because it could contain:
a. Mercury
b. Lead
c. PCBs
d. All of the above