Following an initial year-long experiment, the facility will be used to improve test methods for energy-efficient technologies and develop cost-effective design standards for energy-efficient homes that could reduce overall energy consumption and harmful pollution, and save families money on their monthly utility bills.
The unique facility looks and behaves like an actual house, and has been built to US Green Building Council LEED Platinum standards—the highest standard for sustainable structures. The two-story, four-bedroom, three-bath Net-Zero Energy Residential Test Facility incorporates energy-efficient construction and appliances, as well as energy-generating technologies such as solar water heating and solar photovoltaic systems.
“Results from this lab will show if net-zero home design and technologies are ready for a neighborhood near you,” said Under Secretary of Commerce for Standards and Technology and NIST Director Patrick Gallagher. “It will also allow development of new design standards and test methods for emerging energy-efficient technologies and, we hope, speed their adoption.”
Funded by the American Recovery and Reinvestment Act of 2009, which included green technologies among its priorities, the facility was built almost entirely with US-made materials and equipment. Through its Building America effort, the DOE provided architectural design, training and management support for this project. Deputy Assistant Secretary for Energy Efficiency Kathleen Hogan represented DOE during the ribbon-cutting.
For the first year of its operation, the lab will be used to demonstrate net-zero energy usage. NIST researchers will use computer software and mechanical controls to simulate the activities of a family of four living in an energy-efficient home. No actual humans will be allowed to enter the house during this time so that researchers can monitor how the house performs, but lights will turn on and off at specified times, hot water and appliances will run—and small devices will emit heat and humidity just as people would.
A solar photovoltaic system will generate electricity to power lights and appliances when weather permits, and excess energy will be sent back to the local utility grid by means of a smart electric meter. The house will draw energy from the grid on days it cannot generate enough on its own, but over the course of a year it will produce enough to make up for that purchased energy, for a net-zero energy usage.
During the ceremony, Rick Fedrizzi, president, CEO and founding chairman of the US Green Building Council, announced that the Net-Zero Energy Residential Test Facility has earned a LEED Platinum rating.
NIST researchers plan to make data from the net-zero experiment available online so that researchers and the public can follow its progress.
As a non-regulatory agency of the Department of Commerce, NIST promotes US innovation and industrial competitiveness by advancing measurement science, standards and technology in ways that enhance economic security and improve our quality of life.
Mapping Tool for Developing Renewable Energy Sources
The Renewable Energy Siting Tool, funded by EPA, screens approximately 11,000 contaminated, degraded, or cleaned up federal and state sites in California, such as brownfields, Superfund sites, and former mines. The tool provides aerial perspectives while overlaying streamlined information on the site’s clean energy development potential.
“Solar, wind, and geothermal power projects may be the best use for certain tracts of impaired lands,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “By finding these properties and putting them back into productive use, we can reduce our carbon footprint while meeting the state’s energy needs.”
“California has long recognized the need to reuse underdeveloped sites and create renewable energy sources,” said Debbie Raphael, Director of the State of California’s Department of Toxic Substances Control. “This tool allows people to make informed decisions to do both and turn underused land into potential sources of renewable energy redevelopment.”
Highlighted are 75 high-priority sites for utility-scale renewable energy, as well as thousands of smaller-scale development parcels. EPA intends the tool to help local governments and industry prioritize the development of contaminated areas.
Columbus RCRA and DOT Training
Spartanburg RCRA and DOT Training
Chicago RCRA and DOT Training
How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
Upgrade Your Career: Environmental and Safety Consultant/Trainers
Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. You must have excellent writing and speaking skills. We currently have openings for a top-notch consultant with expertise in:
- RCRA hazardous waste regulations
- DOT/IATA/IMO hazardous material transportation regulations
- Environmental audits
- SARA Title III
- CWA regulations
- CAA regulations
- OSHA general industry standards
- OSHA audits
- Online computer-based training instructional design and implementation
You must have at least 2 years of experience in government or industry environmental and/or compliance and be able to immediately train the subject matter to both novices and experts. Strong consideration will be given to applicants who have experience presenting training on more than three of the topics listed above.
In addition to instructing seminars and on-site training programs, the position also includes maintenance of training materials (books, PowerPoints, computer based training), working on consulting projects, business development, development of future classes, and keeping our customers satisfied.
Environmental Resource Center offers a competitive salary based on experience, a 401(k) retirement plan, medical and dental coverage, and other great benefits.
NMED to Host Public Meetings on New Proposed Copper Mine Rules
The meetings will be held on September 25 in Albuquerque and September 26 in Silver City.
These new rules are required because of legislative changes to the New Mexico Water Quality Act. In 2009 the legislature amended the Water Quality Act to require that the New Mexico Water Quality Control Commission adopt specific rules for the copper mine industry. The rules must specify the measures to be taken to prevent water pollution and to monitor water quality. The purpose of the rules is to provide the copper mining industry with clearly defined requirements for preventing ground water and surface water pollution and ensuring regulatory compliance rather than determining all such requirements on a case-by-case basis.
Since January of 2012, the Department has conducted extensive technical and advisory group meetings with industry, governmental and public interest groups to seek input in the development and the content of proposed copper mine rules. These meetings were conducted in accordance with a schedule approved by the Commission. A draft of proposed copper mine rules was made available to the public on September 13th.
Interested persons are invited to attend the public meetings to learn about the proposed rules, ask questions and provide comments for the Department’s consideration. Individuals who are unable to attend the meetings or otherwise wish may submit written comments to the Department by October 12th. Written comments on the proposed copper mine rule may be submitted to the Department at the following address:
New Mexico Environment Department Ground Water Quality Bureau Attn: Kurt Vollbrecht
P.O. Box 5469
Santa Fe, NM 87502-5469
Or via email at kurt.vollbrecht@state.nm.us
For more information, you may contact Kurt Vollbrecht at 505-827-0195 or Bill Olson at 505-466-2969.
Hypoxia Task Force Launches New Monitoring Efforts to Track Water Quality Improvements
The joint federal, state, and tribal task force, chaired by the EPA and the State of Iowa, has established the Mississippi River Monitoring Collaborative to evaluate progress toward reducing the amount of nutrients entering local waterways and ultimately to the Gulf of Mexico. The US Department of Agriculture (USDA), a member of the Task Force, is also preparing to update its technical standard for water quality monitoring to better measure the amount of nutrients coming from farm fields.
Nutrient runoff from agricultural, urban and industrial sources has polluted waterways for decades and contributed to the hypoxic zone in the Gulf of Mexico—an area of low oxygen that is largely uninhabitable by fish and other marine life. Federal, state and local agencies, together with private landowners and water users, have been working to reduce the amount of nutrients that reaches the Gulf.
“Farmers, ranchers and other land managers, with help from federal, state and local funding sources and technical assistance, are investing in conservation projects on their lands in the Mississippi River Basin,” said Nancy Stoner, acting Assistant Administrator for Water at EPA and co-chair of the Task Force. “Working together to expand monitoring will give us critical insight into the progress of conservation projects and help us improve activities on the ground and in the water.”
The new Mississippi River Monitoring Collaborative, made up of federal and state agencies, is identifying streams with long-term nutrient monitoring and streamflow records. So far, the team has collected more than 670,000 nutrient data records from 12 states in the Mississippi River Basin, which it will use to evaluate where conservation practices and policies are working, and where new or enhanced nutrient reduction strategies need to be developed.
USDA’s Natural Resources Conservation Service (NRCS), with assistance from EPA, the US Geological Survey (USGS), and many state partners, are working to improve monitoring through pilot programs of the Mississippi River Basin Healthy Watersheds Initiative (MRBI). One of the primary goals of the MRBI is to improve water quality in small priority watersheds of the Mississippi River Basin. NRCS and its partners have sought to capture the benefits of MRBI by measuring water quality at the edge-of-field, in stream and at the outlet of a watershed. This year NRCS reviewed progress in 15 small watersheds with MRBI projects in order to update its technical standard for water quality monitoring.
The Task Force consists of five federal agencies, 12 states and the tribes within the Mississippi/ Atchafalaya River Basin (MARB). The Task Force was established in 1997 to reduce and control hypoxia in the Gulf of Mexico.
Conservation Groups Challenge Weak Air Plan for Pennsylvania
The groups are challenging EPA’s decision to approve Pennsylvania’s Regional Haze State Implementation Plan because it will not clean up pollution that threatens human health and natural resources in the state.
Inadequate air pollution requirements for big polluters, chiefly coal-fired power plants, risk the public’s health and air quality at the Brigantine National Wildlife Refuge in New Jersey, Shenandoah National Park in Virginia, Dolly Sods Wilderness in West Virginia, and other treasured public lands. The same pollution also harms human health, with children, pregnant women, and seniors most vulnerable.
The National Parks Conservation Association (NPCA), Sierra Club, and Clean Air Council filed the appeal.
A recent court decision means that Pennsylvania’s massive coal-fired power plants are not required under other programs to reduce their emissions at all to protect parks. This plan falls far short of 35-year-old Clean Air Act (CAA) protections, and will allow pollution to continue fouling air quality—affecting the health of local residents and visitors and degrading national park and wilderness resources.
In 1977, Congress set a national goal of clean, haze-free air in our country’s treasured national parks and wilderness areas. But the EPA and the states have repeatedly dragged their feet and delayed complying with the law. The EPA has violated the requirements of the haze program multiple times, with several courts placing the EPA under consent decrees to comply with the law. Indeed, Congress was so frustrated with delays by the EPA and the states that Congress amended the law in 1990 to speed up the protections for air quality. Thirty-five years after Congress set a goal of reducing air pollution in our national parks and wilderness areas, the EPA and Pennsylvania have only now come out with their first regional haze plan. Yet the plan proposed is woefully inadequate. Instead of requiring the best available pollution control technology, as the law requires, the proposed haze plan includes no emission reductions at any source.
Congressional Inaction on Production Tax Credit Threatens Wind Projects
Each major wind farm in America creates nearly 1,100 jobs and can add tens of millions of dollars in new taxes and other benefits to the communities where they’re located, according to two new reports from the Natural Resources Defense Council (NRDC).
These are positions in manufacturing, construction engineering and management, among other areas.
But the benefits don’t end there, a separate NRDC study on the secondary impacts of the wind energy industry shows.
The report profiles four communities from Ohio to Oregon that have benefitted from the wind industry.
Today, wind farms generate about 50,000 megawatts of clean, renewable energy—the equivalent of the energy produced by 30 Hoover Dams—and the wind industry employs about 75,000 Americans. Wind energy production has increased by more than 170% in the past four years alone.
Yet the industry’s growth and promise is now facing potential disaster, because Congress has not renewed the 2.2-cent per kilowatt hour Production Tax Credit (PTC) that’s set to expire at the end of the year. The Senate is expected to take up the PTC this week.
According to the NRDC supply chain report, the 1,079 jobs created by a typical 250 MW wind farm are created at 14 different steps along the way of building the wind farm.
Non-construction businesses account for an estimated 557 jobs. They include 432 workers in manufacturing, 80 in planning and development, 18 in sales and distribution and 27 in operations and maintenance.
Construction jobs add another 522 jobs to a typical wind farm. These workers are spread between three categories, with 273 working on on-site civil works, such as roads, and foundations; 202 working on the installation of the wind turbines and 47 working on on-site electrical work, such as grid connection.
Additionally, the report profiles American companies that could participate at every one of the 14 steps of the wind farm.
UMass Amherst Resolves PCB Violations; Required to Clean Up PCB Contamination at a Building on Campus
After completing a $4 million dollar caulk decontamination project in 2009, UMass discovered that the window glazing at the Lederle Graduate Research Center was contaminated with high levels of PCBs. Further sampling of the window glazing revealed PCBs at concentrations of 50 ppm or greater, which are levels not authorized for use under the PCB regulations. The long-term remedy called for in this settlement requires replacing and disposing of all 900 PCB-contaminated windows currently installed at the Research Center, at a cost of about $3 million dollars. The long-term project is expected to take fifteen years, and will allow UMass to plan for and incorporate this capital expense into other building upgrade projects.
To reduce the likelihood of unsafe exposure to PCBs while the long-term project is taking place, EPA has approved an interim plan to encapsulate the contaminated window glazing. The settlement also requires a comprehensive long-term monitoring and reporting plan. That plan requires UMass to take annual surface wipe and air samples, address any exceedances of cleanup levels, and report results. The cost of implementing the interim measures is about $560,000. The settlement agreement also includes a $75,000 civil penalty that will be waived if both the long term remediation plan and interim encapsulation plan are completed.
With limited exceptions, PCBs are no longer manufactured, but may be present in products and materials produced before the 1979 PCB ban. These compounds are persistent in the environment. PCBs have been demonstrated to cause cancer, as well as a variety of other adverse health effects on the immune system, reproductive system, nervous system, and endocrine system. Some buildings built or renovated between 1950 and the late 1970’s still contain PCBs. Although the PCB regulations allow certain uses of PCBs to continue, they do not permit the continued use of PCBs in caulk or window glazing if the PCBs are present in concentrations of 50 ppm or greater. If identified, these materials must be removed. EPA enforces the PCB regulations through the Toxic Substances Control Act (TSCA).
Ryder Pays $1,000,000 Settlement
The California Air Resources Board (ARB) has announced that Ryder System, Inc., a provider of transportation and supply chain management solutions, paid $1,000,000 for failure to conduct testing and maintain complete records of required annual opacity tests on heavy-duty vehicles in its California fleet in 2008 and 2009.
Annual opacity tests, performed to determine whether a truck produces visible smoke from its exhaust, and related recordkeeping are required under California law. Records reviewed by ARB enforcement staff indicated that Ryder failed to conduct tests and maintain records of the tests on vehicles that were in service for four or more years. This was Ryder’s first ARB violation in its 53 years of operating in California.
The one million dollar settlement ($1,031,000 precisely) is in two parts. The first, a $773,000 payment, will go to the California Air Pollution Control Fund, established to mitigate various sources of pollution through education and the advancement and use of cleaner technology. The remaining $258,000 will fund investments to upgrade a maintenance facility to service trucks that are powered by natural gas. The maintenance facility, located in West Sacramento, will be open to the public for use by commercial transportation fleets.
EPA Announces Settlement of Three Pesticides Enforcement Actions
The EPA announced three enforcement actions against Missouri pesticides distributors for violations related to sales or distribution of unregistered and misbranded pesticides. All three cases involved the sale and distribution of plant growth regulators, which are regulated as pesticides by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
FIFRA defines plant growth regulators as substances intended to accelerate or retard the growth of plants. Among other things, substances considered to be plant regulators may include hormone additives intended to stimulate plant root growth or fruiting, such as gibberellins, auxins, and cytokinins derived from seaweed. Products containing these additives are often marketed as fertilizers, but such claims do not exempt products from regulation as pesticides.
On June 14, 2012, Mayberry Seed Co., of Essex, Missouri, agreed to pay a $17,160 penalty to resolve violations of FIFRA. EPA alleged that Mayberry distributed or sold an unregistered plant growth regulator and fungicide on at least 14 occasions between April 1, 2010, and August 25, 2011.
On July 5, 2012, Southeast Cooperative Service Company, Inc., of Advance, Missouri, agreed to pay a $12,000 civil penalty to resolve multiple sales of an unregistered plant growth regulator and fungicide to at least four individuals between April 1, 2010, and August 21, 2010.
On September 4, 2012, AgXplore International, LLC, of Parma, Missouri, agreed to pay a $237,573 civil penalty to resolve violations of FIFRA, including 212 counts for the sale or distribution between May 7, 2009, and March 25, 2012, of 19 different unregistered pesticide products, including plant regulators, insecticides, and fungicides. AgXplore International, LLC, has informed its customers and distributors of its violative products.
Under FIFRA, distributors of pesticides must ensure that pesticides intended for distribution within the US are registered both if the distributor claims the substance can be used as a pesticide or if the product is intended to be used for a pesticidal purpose, including as a plant regulator.
Many plant growth regulator products are properly registered with EPA. Companies which comply with pesticide registration requirements must pay registration fees and may also incur significant costs in ensuring their products are correctly formulated, perform as intended, and are properly labeled. Accordingly, entities which produce, sell, or distribute unregistered pesticides place themselves at an economic advantage relative to their competitors who comply with the law.
EPA registration requirements also protect consumers by ensuring that products are formulated in accordance with the product label. Without proper registration and labeling on pesticides (including required safety information), users may unintentionally misapply pesticides and cause damage to crops or non-target areas and may lack adequate first aid information in the event of an accident.
As part of their respective settlements with EPA, each of the three companies has certified that it is presently in compliance with FIFRA and its regulations.
Three Metal Companies to Spend More Than $196,000 for Federal Violations
AAA Plating and Inspection, located in Compton, California, has agreed to pay $74,000 in fines for failure to treat their industrial wastewater to federal standards before discharge into the Los Angeles County sewer system. Morrell’s Electro Plating, also located in Compton, California, will pay $19,500 in fines for the improper management and treatment of hazardous waste. In addition, Morrell’s will spend at least $100,000 on the purchase and installation of a sludge dryer, reducing hazardous waste generated at the facility by 336lb a day. Service Plating Co., Inc., located in Los Angeles, California, will pay $3,150 for failure to properly label hazardous waste containers at its facility.
AAA Plating, located in the city of Compton, is a metal finishing company that cleans, plates, coats, paints, and tests various parts for the aerospace industry. In March, 2010, an EPA investigation discovered that the facility had discharged industrial wastewater to the Los Angeles County sewer system above federal limits for toxics such as chromium, cadmium, nickel, and cyanide —a violation of the CWA. EPA’s standards are designed to protect municipal sewer systems and wastewater treatment plants from adverse effects of toxic discharges, including the potential pass through of toxic metals to the Pacific Ocean.
AAA Plating has installed equipment to reduce liquid from the wastewater, leaving only solids which are hauled away for proper disposal off site. This will result in the facility becoming a zero-discharge permitted facility.
Morrell’s, also located in the city of Compton, is a metal finishing/chemical processing company which does work primarily for the aerospace industry. In an October 27, 2010, inspection, EPA found several violations including failure to properly label and cover hazardous waste and conducting treatment of hazardous waste without a permit. In addition, Morrell’s failed to properly identify waste generated at its facility as federally regulated hazardous waste—resulting in its mismanagement.
Morrell’s will also spend at least $100,000 to purchase and install a sludge dryer at its facility. Used to remove water and reduce volume, the sludge dryer will improve efficiency and reduce the amount of hazardous waste that must be disposed. The addition of the sludge dryer will result in the reduction of hazardous waste generated at Morrell’s by 336lb a day, approximately 85% of the facility’s daily production—reducing the potential for similar violations in the future.
Service Plating is a metal finishing company located in the city of Los Angeles. During a routine inspection in October 4, 2011, EPA investigators discovered federal violations including failure to properly close and label hazardous waste containers. In addition, the company failed to properly label, contain and date discarded fluorescent lamps, a violation of federal regulations for universal waste.
Southern California’s I-710 freeway passes through 15 cities and unincorporated areas where the effects of pollution are disproportionately higher than in other areas of Los Angeles County. Approximately one million people, about 70% of whom are minority and low-income households, are severely impacted by industrial activities and goods movement in the area. In a multi-year effort, federal, state, and local governments and nonprofit organizations are working together to improve the environmental and public health conditions for residents along this corridor.
Glass Recycler Faces Fine for CWA Violations
Strategic Materials, Inc., of Houston, Texas, faces a fine for allowing polluted stormwater from its glass recycling facility in Franklin, Massachusetts to flow into nearby waters, in violation of the CWA. The company faces a maximum penalty of up to $177,500 for the alleged violations.
The company failed to implement control measures necessary to minimize pollutant discharges from stormwater and failed to conduct inspections of the facility and visual assessments of the discharge outfall.
The CWA requires industrial facilities, such as recycling facilities, to have controls in place to minimize pollutants from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants.
Without on-site controls, runoff from recycling facilities can flow directly to the nearest waterway and can cause water quality impairments such as siltation of wetlands and rivers, beach closings, fishing restrictions, and habitat degradation. As stormwater flows over these sites, it can pick up pollutants, including sediment and other debris, which can inhibit the receiving streams use.
Two Metalworking Facilities Fail to Disclose Use of Chemicals
Two metalworking facilities in South Seattle and Tukwila, Washington failed to report toxic chemical use under federal community right-to-know laws, according to two separate settlements with the EPA. Under the settlements, North Star Casteel Products, Inc., and Jorgensen Forge Corporation have submitted missing reports outlining chemical use at their facilities and will pay fines.
. The TRI program is under the Emergency Planning and Community Right-to-Know Act (EPCRA), which aims to inform communities and citizens of chemical hazards in their neighborhoods.
North Star Casteel Products, Inc.
North Star Casteel Products is a foundry that manufactures metal castings for various industries, including transportation, mining and power generation. An EPA inspection in April 2011 determined that for four years between 2006 and 2010, the company failed to report on time for its use and off-site disposal of chromium and manganese compounds. During that period, the company annually processed more than 25,000lb of the manganese and chromium compounds for use in its castings.
Manganese can affect the respiratory and central nervous systems. Chromium can affect the skin and eyes.
Under the TRI program, companies that process chromium and manganese compounds in amounts over 25,000lb per year must submit reports. The company has filed the missing reports and agreed to pay a penalty of $87,000.
Jorgensen Forge Corporation
Jorgensen Forge Corporation is a metal forging facility that primarily serves aircraft, aerospace, oil, gas, marine and defense markets. EPA requested information from the company about its TRI reporting and found that the company failed to report on time for use and off-site disposal of chromium, lead, manganese and nickel in 2010.
These chemicals pose numerous health risks, including impacts to the skin, eyes, and central nervous and respiratory systems. Lead is a persistent, toxic chemical that can accumulate in our bodies and is especially harmful to young children.
The company processed more than 25,000lb each of manganese, chromium and nickel, and more than 100lb of lead in 2010. Under the TRI program, companies that process manganese, chromium, or nickel in amounts over 25,000lb per year or process lead in amounts over 100lb per year must submit reports. Jorgensen Forge processed these chemicals as components of metal alloys used in the company’s products.
The company has filed the missing reports and agreed to pay a penalty of $73,600.
City Faces $143,552 Penalty for Failure to Comply with Cease and Desist Order
The city failed to submit a report describing proposed improvements at its wastewater treatment facility.
The 2011 Cease and Desist Order required that the city submit a Report of Waste Discharge by May 30th, 2012. The city submitted a document on July 20, 2012, but Central Valley Water Board staff found that it did not meet the criteria outlined in the Order. Therefore, the city is in violation of the 2011 Order. The city’s continued delay in proposing a project that meets the terms of the Order jeopardizes the city’s ability to secure funding and to complete needed upgrade to the wastewater treatment system by the October 30, 2013 deadline.
Background of Violation and Non Compliance
In 2000, Central Valley Water Board staff became aware that the city had intentionally taken actions which violated its waste discharge permit. The city did not voluntarily come into compliance. Therefore, in 2003, the Central Valley Water Board issued a Cease and Desist Order requiring Ione to make improvements to its wastewater treatment facility. However, the city did not comply with that Order. In 2010, the city was faced with a maximum penalty of over $11 million, and asked the Board for another opportunity to come into compliance. In 2011, the Central Valley Water Board issued a second Cease and Desist Order. This Order requires that the wastewater facility be upgraded no later than October 30th, 2013 to correct four long-standing problems: wastewater seepage into Sutter Creek, pollution of groundwater with iron and manganese, use of unauthorized disposal ponds, and surfacing of wastewater around the ponds.
The Central Valley Water Board is a California state agency responsible for the preservation and enhancement of quality in water resources.
Picerne Military Management to Pay $24,900 Penalty to Settle Violations of CWA
On December 20 and 21, 2011, Picerne pumped between 5,000–9,000 gallons of raw sewage from a crawl space beneath a townhome into a storm drain inlet. Over the course of the two days, the raw sewage was pumped into and through the stormwater drainage system and discharged into a tributary of the Republican River.
Untreated domestic wastewater contains bacteria, solids, and organic matter than can be harmful to human health and the ecosystem of the receiving waterbody. Organic matter in wastewater robs the receiving waterbody of oxygen, which is essential for the survival of aquatic life.
Picerne Military Management is a civilian development, construction, and property management company that owns and/or operates approximately 20,000 housing units on seven Army posts throughout the US, including Fort Riley.
By agreeing to the settlement, Picerne Military Management has certified that it is in compliance with the CWA. The consent agreement is subject to a public comment period before it becomes final.
UMass Medical School Assessed $23,000 Penalty for Violating Requirement to Notify of Chemical Release
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $23,000 penalty to the University of Massachusetts (UMass) Medical School in Worcester for failing to notify MassDEP of a release of approximately 1,500lb of a refrigerant within the required two-hour period, and for failing to conduct immediate response actions.
On September 26, 2011, UMass Medical School notified MassDEP of a release of an unknown volume of Freon, initially estimated to be as high as 4,000 pounds, from a broken valve stem on a chiller at the power plant facility. The release had occurred on September 23, 2011. The released Freon, immediately evaporating upon contact with the atmosphere, impacted the indoor air at the facility, and migrated outside the building. The actual amount of Freon released was later calculated to be closer to 1,500 pounds.
Following this incident, UMass voluntarily and independently initiated steps to help ensure the violations would not be repeated, and also provided outreach to the local emergency response community. The medical school instituted an Integrated Contingency Plan to incorporate its spill prevention, control, and response plans; fire prevention plans; and emergency action plans, to share and serve as an example for other local facilities. UMass also recently provided training opportunities for the Worcester Fire Department, and made a presentation to the Worcester Local Emergency Planning Committee titled “Threats, Vulnerability & Preparation for Emergency Management.”
UMass was also required to pay $18,500 of the assessed penalty, with the remaining amount suspended pending compliance with the consent order.
Maintenance Shop to Construct New Building for Hazardous Waste Storage Following Series of Violations
The Kenai Peninsula Borough has agreed to construct a building to store hazardous waste following violations of federal waste management rules at its maintenance facility in Soldotna, Alaska, according to a settlement with the EPA.
An EPA inspection in 2009 identified hazardous waste violations. The facility failed to determine if waste it was managing was hazardous waste, and failed to label containers of hazardous waste and used oil waste. The substances included paint thinners, kerosene, and a mix of solvent and anti-freeze. The improperly labeled containers ranged in size from two-gallon containers to a 300-gallon tank.
The borough offered to construct the building to store hazardous waste as a way to mitigate the penalty EPA sought to address the violations of RCRA. Under the settlement, the borough will construct and operate the building and pay a penalty of nearly $12,800.
Property Management Company Assessed $5,750 Penalty for Failing to Report Oil Release
MassDEP has assessed a $5,750 penalty to Owens, Renz & Lee, Inc., a property management company based in Branford, Connecticut, for failing to notify MassDEP of a release of fuel oil to the environment in Worcester, Massachusetts, within the required two-hour time frame.
On March 8, 2011, Owens, Renz & Lee, Inc., acknowledged that fuel oil had been released from an outside fuel line that carried oil from a storage tank to a boiler room. To date, the exact cause and the amount of oil released remain unknown. The oil impacted the pavement, a smokestack pit, and a massive pile of snow that was located in an adjacent parking structure. MassDEP was informed of the release the following day by the Worcester Fire Department, and the cleanup was initiated.
The company has since completed the spill cleanup activities at the site. Under the terms of the settlement, the company will revise its spill management plan to prevent future incidents of this nature, and pay the penalty.
Motorcycle Importer Pays Penalty to Resolve CAA Violations
In May 2012, EPA conducted inspections at the Port of Boston and found that the labels on all 124 motorcycles in IMS’s May 2012 shipment do not include the information required under EPA regulations. In addition, examination of the exhaust system of the Model YY150T motorcycle revealed that the catalyst had significantly less volume and cell density than the certified design. Emission reductions are directly affected by catalyst volume and surface area. As a result, these motorcycles were not properly certified.
Engines that are not properly labeled or certified may be operating without proper emissions controls, which can emit excess carbon monoxide and nitrogen oxides and cause respiratory illnesses, aggravate asthma, and contribute to the formation of ground level ozone, or smog.
Taking action to deter the importation and sale of non-compliant engines helps ensure a level playing field for manufacturers that comply with Clean Air requirements, as well as protecting Americans from illegal air emissions.
As part of the settlement, IMS paid a penalty of $4,800 and destroyed the two Model YY150T motorcycles. The remaining 122 motorcycles were re-labeled to comply with clean air regulations before being introduced into commerce.
The CAA prohibits any vehicle or engine from being imported and sold in the US unless it is covered by a valid, EPA-issued certificate of conformity indicating that the vehicle or engine meets applicable federal emission standards. The certificate of conformity is the primary way EPA ensures that imported vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and equipment comply with the CAA’s requirements.
IMS has cooperated with EPA in this settlement.
Methuen Contracting Company to Pay $2,000 Penalty for Asbestos Removal Violations
MassDEP has assessed a $2,000 penalty to MECHO Contracting, Inc., of Methuen, Massachusetts, for violations of state asbestos regulations. The violations occurred during the removal of asbestos-containing pipe insulation from a residential property located in Southbridge.
MECHO is a Massachusetts Division of Labor Standards licensed asbestos contractor.
During an inspection of the property, MassDEP personnel found that the company failed to adequately seal the asbestos removal work area, and failed to carefully lower asbestos-containing material to the ground during removal. Upon discovery of the violations, the company was required to immediately seal the work area and implement revised work practices to ensure compliance with the regulations.
MassDEP regulations require asbestos-containing materials to be removed wet, and then carefully lowered to the ground. The regulations also mandate that the work area be sealed to prevent asbestos fiber migration, potential exposure to building occupants, and to preclude other parts of the building from becoming contaminated.
Property owners or contractors with questions about asbestos-containing materials; notification requirements; proper removal, handling, packaging, storage, and disposal procedures; or the asbestos regulations are encouraged to contact the appropriate MassDEP regional office for assistance.
Rainbow Production Fined for Violating the CWA
A June 14, 2012, EPA inspection of Debo #4 and #3 oil production facilities located on Robinson Acres Road, El Dorado, Union County, Arkansas, revealed no inspection records were available for review as required by SPCC regulations. Personnel working at these facilities had no training on the operation and maintenance of equipment to prevent discharges or on the discharge procedure protocols of the SPCC plan. The inspection also found site personnel were not trained on applicable pollution control laws, rules, and regulations, and training records were not maintained for three years. As part of an Expedited Settlement Agreement with the EPA, the facilities have certified that all identified deficiencies have been corrected.
SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness, and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.
Man Arrested for Alleged Illegal Dumping and Disposal of Waste
Investigators within the Criminal Investigation Division of the Louisiana Department of Environmental Quality (DEQ) arrested an Iberville Parish man for the alleged illegal dumping of pollutants into state waterways and the illegal disposal of solid waste.
Tommy M. Francise, of Plaquemine, Louisiana, is alleged to have knowingly dumped grease onto the ground and into state waterways during the production of biodiesel at his residence.
Following a complaint from Iberville parish, civil inspectors from DEQ’s Inspection Division conducted a complaint investigation at Francise’s residence on August 9, 2012, and found several violations involving illegal dumping. Their findings were forwarded to DEQ’s Criminal Investigation Division which led to the execution of the search warrant and subsequent arrest.
During the execution of a search warrant at Francise’s residence, investigators with the Iberville Parish Sheriff’s Office and DEQ’s Criminal Investigations Division found an area where used cooking oil was being used for the production of biodiesel. A large area of grease-contaminated soil was present at the site, and used cooking oil and grease were being discharged into the canal behind the residence. Areas of vegetation at the site were destroyed, including vegetation in the canal behind the residence.
Francise was arrested on identical charges at the same location in April 2010. He pled guilty to the charges in March 2012, and is currently on probation. The court ordered Francise to abide by state environmental laws and regulations as a condition of his probation.
If convicted of the crime of knowingly discharging pollutants to waters of the state, Francise faces possible imprisonment for not more than three years with or without hard labor, or a fine of not more than $50,000, or both.
Teck Metals No Longer Denying Its Waste is Leaching Metals into River
A week before trial was to begin in US District Court in Yakima over Teck Metals, Inc.’s, liability for contamination from smelter discharges in Canada, the company has conceded its waste is leaching heavy metals in the upper Columbia River in Washington.
The trial was to have focused on whether Teck’s waste from the company’s smelter in Trail, B.C. has released hazardous substances in the US. Teck now admits that it does, making a trial on these issues unnecessary.
The admission, in the form of a legal stipulation, comes after eight years of litigation by the Colville Confederated Tribes and the state of Washington. Teck admits it intentionally discharged nearly 10 million tons of slag-waste separated from ore during smelting-along with industrial sewage containing hundreds of thousands of tons of toxic metals such as mercury, copper, cadmium, arsenic, lead, and zinc to the river in Canada over the last century.
Teck now admits these substances are hazardous and that they came to rest in the sediments along the shores of the Upper Columbia River in Washington state. They also concede that heavy metals continue to leach from its waste into Washington state’s environment, meaning they are potentially available to cause harm. Establishing liability is the first step to hold the company accountable for assessing and addressing the risks posed to the public and the environment.
Teck still intends to re-argue it is not subject to US law, given that the initial discharge of waste occurred less than 10 miles north of Washington in Canada. Arguments to this effect were already rejected in an early phase of the case, but Teck is entitled to renew them on appeal.
Judge Lonny Suko in the will first decide liability under US law, however. This decision will be based on evidence already submitted to the court and will be the subject of legal arguments to the court on October 10, 2012.
According to the Department of Ecology (Ecology), studies have shown that slag and industrial sewage from the Teck smelter have deposited toxic materials to the sediments and banks of the river in Washington.
Ecology is concerned that the pollution will harm an array of important aquatic life, such as the small bottom dwelling creatures that form a key foundation to the underwater food chain. Their health directly affects the fishery and river ecosystem.
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Trivia Question of the Week
According to EPA, which of the following household wastes should not be composted?
a. Cotton rags
b. Hair and fur
c. Dryer and vacuum cleaner lint
d. Coal or charcoal ash
