The court’s decision comes nearly one year after the Natural Resources Defense Council and the Environmental Working Group sued the agency for failing to protect millions of Californians from hexavalent chromium, the cancer-causing chemical made infamous in the movie “Erin Brockovich” for contaminating drinking water and sickening residents in the town of Hinkley, California.
“The court got it right. Protecting our drinking water supply from this carcinogen is critical to the health and safety of millions of Californians,” said Nicholas Morales, attorney at the Natural Resources Defense Council. “An estimated 31 million people are exposed to unsafe levels of cancer-causing hex chrome due to government inaction. Now, the department’s focus should be on setting a standard that adequately protects public health.”
Ruling from the bench, Judge Evelio Grillo directed the agency to propose a drinking water standard for hexavalent chromium by the end of August 2013. Following the public comment period on the rule, the court will consider any further deadlines in light of the volume and nature of public comments.
An EWG analysis of official records from the California Department of Public Health’s water quality testing conducted between 2000 and 2011 revealed that about one-third of the more than 7,000 drinking water sources sampled were contaminated with hexavalent chromium at levels that exceed safe limits. These water sources are spread throughout 52 of 58 counties, impacting an estimated 31 million Californians.
NRDC and EWG’s suit contended that the department’s delay was unlawful and it must rapidly proceed to set a “Maximum Contaminant Level”—the maximum concentration of a chemical that is allowed in public drinking water systems—for hexavalent chromium in drinking water. The California EPA’s Office of Environmental Health Hazard Assessment announced a final “Public Health Goal” for hexavalent chromium in drinking water in July 2011, a preliminary step for the agency to adopt a drinking water standard. The goal was set at 0.02 parts per billion, a level that does not pose a significant health risk to people. The agency now must move quickly to set the maximum limit for hexavalent chromium as close to that safe level as feasible.
“Getting this carcinogen out of our drinking water is long overdue and today’s ruling is a critical step towards this ultimate goal,” said Renee Sharp, EWG’s Director of Research and author of several reports on hexavalent chromium. “Kids who were born the year that the movie Erin Brockovich hit the theaters weren’t even in kindergarten when the state missed its first deadline to establish a drinking water standard for hexavalent chrome. Those same kids are now about to start high school, and we still don’t have a standard on the books.”
In 2001, the California State Legislature mandated the agency adopt a standard for hexavalent chromium in drinking water by January 1, 2004, giving it two years to do so. More than nine years past its legal deadline, the agency still has not even proposed a standard. Prior to the recent ruling, the agency had said it could take several more years before a final standard is completed.
Hexavalent chromium enters the drinking water supply by running off from industrial operations into surface waters or leaching from soil into groundwater.
Communities adjacent to industrial facilities using hexavalent chromium or Superfund sites, such as low-income communities like Hinkley and communities of color are among those most highly exposed to hexavalent chromium pollution. People can be exposed to hexavalent chromium by drinking contaminated water, eating contaminated food, by inhaling it, or by exposure to contaminated soils.
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
Richmond RCRA and DOT Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
EPA Adopts 2012 NAICS Codes for Toxics Release Inventory (TRI) Reporting
Facilities are now required to use 2012 NAICS codes when reporting to TRI beginning with TRI reporting forms that are due on 1 July 2014, covering releases and other waste management quantities for the 2013 calendar year.
This rule becomes effective October 16, 2013.
EPA Seeks Input for Potential Rule Revisions on Existing Uses of PCBs
This panel will focus on the agency’s development of a proposed rule to revise or end the existing authorized uses of PCBs as appropriate if the conditions under which they were authorized more than 30 years ago have changed. This rulemaking may address existing liquid-filled PCB use authorizations, PCBs in fluorescent light ballasts, PCBs in natural gas pipelines, and regulatory language clarifications.
The SBAR panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA.
EPA is seeking self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.
SERs provide advice and recommendations to the panel. The SERs participate in consultations with the SBAR Panel via telephone, webinar, or in person in one or two meetings and are given an opportunity to submit written comments to the Panel.
EPA Upgrades Energy Star Portfolio Manager Benchmarking Tool
The upgraded tool can help businesses achieve the President’s call to make commercial buildings at least 20% more energy efficient by 2020. The new Energy Star Portfolio Manager delivers a more user-friendly interface, enhanced data sharing capabilities, better reporting, and for the first time, the ability to manage buildings across their lifecycle from design through occupancy.
Tens of thousands of organizations—including school districts, retail chains, hospital systems, and local governments—currently use Energy Star Portfolio Manager to measure the energy performance, water use, utility costs, and greenhouse gas emissions of more than 40% of the nation’s commercial building space.
“You can’t manage what you don’t measure,” said Janet McCabe, principal deputy assistant administrator for the Office of Air and Radiation. “The new turbo-charged Portfolio Manager makes it easier than ever for building owners and managers to make strategic business decisions that are good for the environment and good for the bottom line. Consistent with President Obama’s Climate Action Plan, this tool helps businesses cut wasted energy, reduce harmful carbon pollution, and save money.”
One of these metrics—the 1–100 Energy Star score, rates a building’s energy efficiency against similar buildings nationwide. A score of 50 represents median energy performance, whereas a score of 75 signifies that a building outperforms 75% of its peers. Buildings in the United States that score a 75 or higher, and have their data verified by a Professional Engineer or Registered Architect, are eligible to earn EPA’s Energy Star certification.
Studies have shown that they have lower operating costs, increased asset value, and higher occupancy rates. Additionally, there are benefits to simply measuring and tracking a building’s energy performance in Portfolio Manager—a recent EPA study showed that buildings that benchmarked consistently over a three-year period logged an average energy use reduction of 2.4% each year. For commercial building portfolios with annual energy bills in the millions of dollars and that emit tens of thousands of metric tons of GHG emissions each year, these reductions can be substantial.
In 2012 alone, Americans, with the help of Energy Star, saved $24 billion on their utility bills and prevented GHG emissions equal to those of 50 million vehicles. From the first Energy Star qualified computer in 1992, the Energy Star label can now be found on products in more than 65 different categories, with more than 4.5 billion sold over the past 20 years. Over 1.4 million new homes and 20,000 facilities, including offices, schools, hospitals, and industrial plants, have earned the Energy Star.
Discussion Draft of Potential Revisions to the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions
The Mandatory Reporting Regulation was originally adopted by ARB in 2007 with subsequent amendments in 2010 and 2012.
Staff held a public workshop to discuss potential revisions of the Mandatory Reporting Regulation on June 26, 2013. This discussion draft is intended to add to the information presented during the workshop and clarify some of the comments we received during and after the workshop. Not all areas identified at the workshop for potential revision are included in the discussion draft as ARB staff continues to evaluate comments received at and after the workshop.
Updated Municipal Wastewater Discharge Permits Proposed for Three North Idaho Cities
Newly-proposed municipal wastewater discharge permits for three cities in Northern Idaho will reduce the flow of phosphorous and other pollutants into the Spokane River. The recent action is part of a larger effort being undertaken by Idaho and Washington to protect Spokane River water quality on both sides of the border.
The proposed permits establish strict new discharge limits for total phosphorus, ammonia, and biochemical oxygen demand. These limits are necessary to ensure compliance with Idaho’s water quality criteria for nutrients and Washington’s water quality criteria for dissolved oxygen. If the treatment plants are unable to meet some of these new limits with existing equipment, the permits propose to allow the utilities 10 years to make upgrades and achieve compliance.
According to Dan Opalski, director of EPA’s office of Water and Watersheds, the new permits strike a careful balance between economic and community development needs, and long-term water quality protection.
“They protect water quality by reducing phosphorous discharge, but also offer treatment plants the needed flexibility to serve their growing communities. The cities of Post Falls, Coeur d’Alene, and Hayden deserve praise for working hard to help craft these permits and prepare their communities to meet the new requirements.”
Excessive phosphorus in rivers, lakes, and streams supports algae growth, reduces the amount of dissolved oxygen in the water, and generally degrades water quality. Phosphorus overloading in rivers, lakes and reservoirs can affect both recreation and the well-being of fish and other aquatic life.
The recent action follows similar discharge permits issued by the Washington Department of Ecology in 2011. Together, these permits are expected to further reduce phosphate pollution and help restore the Spokane River.
By point sources, EPA means discrete conveyances such as pipes or man-made ditches. Some pollutants that may threaten public health and the nation’s waters are: metals, nutrients human wastes, oil and grease, and pesticides, etc.
EPA will consider all comments before reissuing the final permits. Those wishing to comment on the draft permits may do so by Tuesday, September 3rd, 2013. All comments must be in writing and addressed to:
Spokane River NPDES Public Comments
Mail Stop OWW-130
US Environmental Protection Agency
1200 Sixth Ave.
Seattle, WA 98101
EPA has also scheduled a public workshop & hearing on Wednesday, August 28th at the Coeur d’Alene Public Library at 702 East Front Avenue in Coeur d’Alene, Idaho. The workshop will be from 2:00 PM to 4:00 PM and the hearing will be from 5:00 PM to 7:30 PM.
IDEQ has reviewed the permits for consistency with State requirements and has provided comments to EPA for incorporation into the permits. Those interested in reviewing IDEQ’s preliminary comments can request them by writing to:
Regional Administrator
Idaho Department of Environmental Quality
Coeur d’Alene Regional Office
2110 Ironwood Pkwy
Coeur d’Alene, ID 83814
XTO Energy to Spend $20 Million to Prevent Waste Spills from Natural Gas Exploration and Production
The federal settlement requires that XTO pay a penalty of $100,000 to the United States and spend a federal government-estimated $20 million on a comprehensive plan to improve wastewater management practices to recycle, properly dispose of, and prevent spills of wastewater generated from natural gas exploration and production activities in Pennsylvania and West Virginia. Among other things, XTO must install a continuous, remote monitoring system for all of its permanent production located throughout Pennsylvania and West Virginia with alarms that will be triggered to alert operators immediately in the event of any future spills and implement a program to actively monitor interconnected wastewater storage tanks located throughout Pennsylvania and West Virginia.
The discharge was discovered by the Pennsylvania Department of Environmental Protection (PADEP) during an inspection of the Penn Township facility, where a PADEP inspector observed wastewater spilling from an open valve from a series of interconnected tanks. At the time, XTO stored wastewater generated from energy extraction activities conducted throughout Pennsylvania at its Penn Township facility and, at the time of the release, stored produced fluid from its operations in the area.
Pollutants from the release were found in a tributary of the Susquehanna River basin. EPA, in consultation with PADEP, conducted an investigation and determined that wastewater stored in the tanks at the Penn Township facility contained the same variety of pollutants, including chlorides, barium, strontium, and total dissolved solids, that were observed in those surface waters.
“Today’s settlement holds XTO accountable for a previous violation of the Clean Water Act and requires operational changes and improved management practices to help ensure the safe and responsible handling of wastewater produced during natural gas exploration and production activities,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to ensuring that our natural resources are developed in an environmentally responsible manner.”
Under the settlement with the United States, the substantial improvements to XTO’s wastewater management are estimated by the federal government to reduce discharges of total dissolved solids by 264 million lb. over the course of the next three years. In addition XTO will implement a region-wide program of operational best management practices which include: secondary containment for tanks used to store wastewater, improved standard operating procedures designed to reduce the risk of a spill, a prohibition on using pits or open-top tanks to store wastewater which will prevent air emissions, remote monitoring of tank volumes to prevent overfilling and spills, and proper signage on all tanks with safety information and a manned, 24-hour emergency phone number.
“The operational improvements required by today’s settlement will help to protect precious surface and drinking water resources in Pennsylvania and West Virginia,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA continues to push for responsible development of domestic sources of energy and to insist that companies play by the rules that protect public health.”
This settlement is in the long-term best interest of the taxpayers, the industry, and our children,” stated Peter J. Smith, US Attorney for the Middle District of Pennsylvania.
Untreated discharges of wastewaters from natural gas exploration and production activities typically contain high levels of total dissolved solids and other pollutants and can adversely impact fresh water aquatic life and drinking water quality.
New Hampshire Company Fined for Failing to Notify Tenants about Lead Paint Hazards
According to the agreement with EPA’s New England office, the environmental project involves replacing old windows, window trim, doors, doorjambs and baseboards at a building at 101–103 Church St. in Laconia, which was built in the early 1900s. The work must be done within a year. Wipe sampling will be done when the work is completed to ensure that no lead-based paint dust remains at the work site. This project will eliminate sources of lead paint in the residential setting thereby protecting children from potential lead poisoning.
Exposure to lead paint is a serious health concern in New England due to the age of the housing stock. Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.
The purpose of the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule is to ensure that prospective tenants have enough information about lead-based paint in general and known lead-based paint hazards in specific housing to make an informed decision about whether to lease a particular property.
School Bus Company to Install Automatic Idle Shut-off Controls
As part of a settlement for excessive school bus idling in several Massachusetts communities, Eastern Bus Company will pay a $35,000 penalty and will increase its efforts to eliminate excessive idling. In addition to posting anti-idling signs, enhancing driver training and increasing supervisory presence in school bus lots, Eastern Bus Co., will install automatic idle shut-off controls on all its buses by September 1, 2013.
In November and December of 2012, an EPA inspector observed Eastern Bus Company idling for extended periods of time in school bus lots in Wellesley, Somerville, and Newton, Massachusetts. EPA alleged that the company’s excessive idling was in violation of federally-enforceable motor vehicle idling limits contained in the Massachusetts air quality state implementation plan. The applicable regulations establish requirements for all motor vehicles operating in the state, and, with very few exceptions, limit idling to no more five minutes.
“Idling vehicles waste fuel, emit unnecessary air pollution and contribute to climate change,” said Curt Spalding, regional administrator of EPA’s New England office. “Pollution from diesel vehicles is a serious health concern in Massachusetts and across the country. By dramatically limiting school bus idling, this settlement will help protect the health of school children in communities throughout eastern Massachusetts.”
Children, especially those suffering from asthma or other respiratory ailments, are particularly vulnerable to diesel exhaust. Idling diesel engines emit pollutants, which can cause or aggravate a variety of health problems including asthma and other respiratory diseases, and the fine particles in diesel exhaust are a likely human carcinogen. Diesel exhaust not only contributes to area-wide air quality problems, but more direct exposure can cause lightheadedness, nausea, sore throat, coughing, and other symptoms. Drivers, school children riding on the buses, facility workers, neighbors, and bystanders are all vulnerable.
Idling school buses consume about one-half gallon of fuel per hour. By reducing the idling time of each bus in its fleet by one hour per day, Eastern Bus Co., would reduce its fuel use by 16,200 gallons per year and avoid emitting more than 350,000 lb. of carbon dioxide per year. Carbon dioxide is a greenhouse gas that contributes to climate change.
Over $3 Million in Fines for Wetlands Violations in Panama City
Brian Raphael D’Isernia, 69, of Panama City Beach, Florida, and Lagoon Landing, LLC, a corporation controlled by D’Isernia, were sentenced recently in federal court in the Northern District of Florida for illegal dredging and felony wetlands violations in Panama City. The two defendants were ordered to pay a criminal fine totaling $2.25 million dollars, the largest criminal fine assessed for wetlands-related violations in Florida history. D’Isernia was sentenced to pay a $100,000 criminal fine, while Lagoon Landing, LLC, was sentenced to pay a $2.15 million criminal fine, a $1 million community service payment, and a term of three years probation.
D’Isernia pleaded guilty to knowingly violating the Rivers and Harbors Act. D’Isernia was charged with dredging an upland cut ship launching basin in Allanton and the channel connecting it to East Bay between December 2009 and February 2010 without obtaining a permit.
Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act for knowingly discharging a pollutant into waters of the United States without a permit. Between 2005 and 2010, Lagoon Landing, through its agents and employees in conjunction with persons using tractors and other heavy equipment, altered and filled wetland areas of property it controlled in Allanton without obtaining a permit. The wetland areas were adjacent to and had a significant nexus to East Bay.
Lagoon Landing, LLC, was also ordered to pay a $1 million community service payment to the National Fish and Wildlife Foundation, a charitable non-profit organization created by Congress. The foundation will use the money to fund projects for the conservation, protection, restoration and management of wetland, marine and coastal resources, with an emphasis on projects benefiting wetlands in and around St. Andrew Bay.
“The defendants adversely impacted wetlands, which play a critical role in maintaining water quality, providing habitat for fish and wildlife, reducing flood damage, and providing recreational opportunities for the public,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assistance. “The sentences show that EPA, in conjunction with its federal and state law enforcement partners, will vigorously investigate and seek prosecution for those who harm these essential natural resources.”
In a separate but related civil settlement, Northwest Florida Holdings, Inc., a Florida holding corporation controlled by D’Isernia, entered into an Administrative Compliance Order with EPA that will result in the restoration of approximately 58.63 acres of wetlands and upland buffers. The wetlands will be protected from future development by a conservation easement. The corporation also agreed to study the water quality in and around the Allanton and Nelson Street Shipyards; upgrade stormwater protection for the Allanton Shipyard; withdraw applications to convert the launching basin to a marina and create a Planned Unit Development at the Allanton Shipyard; and hire someone to oversee environmental compliance.
In a second, separate, but related civil settlement, Northwest Florida Holdings, Inc. entered into a consent order with the Florida Department of Environmental Protection (FDEP) and agreed to conduct stormwater corrective actions and water quality studies at the Allanton Shipyard. The corporation will pay a $9,750 civil fine to the Ecosystem Management and Restoration Trust Fund, and $94,718.25 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
In a third separate but related civil settlement, Bay Fabrication, Inc., a corporation controlled by D’Isernia, entered into a consent order with FDEP and agreed to conduct stormwater corrective actions and water quality studies at the Nelson Street Shipyard. The corporation will pay a $6,000 civil fine to the Ecosystem Management and Restoration Trust Fund, and $76,923 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
In a fourth separate but related civil settlement, Peninsula Holdings, LLC, a corporation controlled by D’Isernia, entered into a Consent Order with FDEP and agreed to conduct stormwater improvements at property it owns located at 2500 Nelson Street, Panama City, Florida 32401. The corporation will pay a $1,500 civil fine to the Ecosystem Management and Restoration Trust Fund.
In a fifth separate but related civil settlement, D’Isernia and his wife Miriam D’Isernia, entered into a consent order with FDEP to remove unauthorized fill materials from property located in Panama City Beach, Fla. Brian and Miriam D’Isernia will pay a $250 civil fine to the Ecosystem Management and Restoration Trust Fund.
These cases were investigated by the EPA Criminal Investigation Division and the Coast Guard Investigative Service, in partnership with EPA Region 4, the US Department of Transportation, Office of Inspector General, US Army Corps of Engineers, US Coast Guard Station Panama City, US Department of Agriculture, and FDEP. These cases were prosecuted by the Honorable Randall J. Hensel, Assistant United States Attorney for the Northern District of Florida.
Perma-Fix Pays $187,620 for Mixed Waste Violations
Perma-Fix Northwest Richland, Inc. (Perma-Fix), a contract handler of radioactive and mixed (radioactive and hazardous) waste from the US Department of Energy’s Hanford Reservation and other sources, has agreed to improve onsite waste handling practices and pay a $187,620 penalty as part of a settlement announced by EPA.
According to the agreement, Perma-Fix allegedly stored mixed waste in an unpermitted area of their facility for longer than the regulations allow.
“Perma-Fix has agreed to manage their mixed waste more responsibly and according to all regulations,” said Ed Kowalski, director of EPA’s Office of Compliance and Enforcement in Seattle. “When handling these types of waste, there’s simply no way it can be stored in a non-permitted area for three years when the regulations only allow three months.”
Inspections were conducted at Perma-Fix by EPA’s National Enforcement Investigations Center in 2010, where inspectors examined the facility’s radioactive and hazardous waste storage areas. It was during that inspection that the alleged violations were discovered.
Since the inspection was conducted, Perma-Fix has addressed the violations and improved waste handling operations at the facility.
Used Oil Recycler Pleads Guilty to Unlawful Handling of PCB-Contaminated Used Oil
Benjamin Franklin Pass, 60, and P&W Waste Oil Services Inc. of Wilmington, North Carolina, pleaded guilty in federal court in the Eastern District of North Carolina for violations of the Toxic Substances Control Act, as well as for making false statements and failing to pay several years of taxes, announced the Department of Justice’s Environment and Natural Resources Division and the US Attorney’s Office for the Eastern District of North Carolina. The defendants admitted to, among other things, the unlawful handling of a toxic substance that resulted in widespread contamination.
The P&W facility in Leland, North Carolina, included a tank farm consisting of multiple tanks ranging from 20,000 gallons to 500,000 gallons. The facility is located approximately 500 feet to the east of the Cape Fear River and a federally recognized wetland.
As part of its business operations, P&W transported, processed and marketed used oil contaminated with polychlorinated biphenyls (PCBs). P&W received the used oil from small and large companies, such as automotive service stations, transformer repair companies and marinas. P&W also conducted tank cleaning and waste removal.
According to the charges filed in federal court in Raleigh, North Carolina, and information stated in open court, the defendants knowingly failed to comply with regulations covering PCB-contaminated used oil by unlawfully transporting, storing, and disposing of used oil contaminated with PCBs. Specifically, in July 2009, an employee transported waste oil containing fluid from five PCB transformers from a site in Wallace, South Carolina, to the P&W facility. The investigation revealed that the waste oil was contaminated with PCB concentrations in excess of 500 parts per million.
“Enforcing our environmental laws is essential to protecting the health of North Carolina’s residents and their natural resources,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “PCBs are well known to pose substantial risks to human health and the environment and must be handled responsibly and lawfully. We will continue to vigorously prosecute those who ignore the laws Congress enacted in order to protect the people and the environment from coming into contact with this toxic substance.”
“This disregard of environmental protections resulted in significant contamination,” said US Attorney for the Eastern District of North Carolina Thomas G. Walker. “The defendant’s conduct placed an economic burden on the United States and an unreasonable risk to the health and safety of the citizens of North Carolina.”
Despite knowledge of the investigation into the defendants’ illegal handling of PCB-contaminated used oil, Pass and an employee of P&W (at Pass’ direction) continued to unlawfully dilute the contaminated used oil. The mishandling of the PCB-contaminated used oil resulted in the wide-spread contamination at the site and other sites, resulting in millions of dollars in cleanup costs.
PCBs pose such an unreasonable risk of injury to human health and the environment that effective January 1, 1978, Congress banned the production of PCBs and mandated that no person may distribute in commerce, or use any PCBs other than in a totally enclosed manner, and directed the EPA to promulgate rules phasing out the manufacture of PCBs and regulating their disposal.
As part of the plea agreements, Pass agreed to pay $538,587, plus interest, in restitution to the Internal Revenue Service. P&W agreed to pay restitution in the amount of $19 million as compensation to Colonial Oil and International Paper for the costs associated with the storage and proper disposal of PCB-contaminated used oil as well as any monetary losses associated with the illegal handling, storage and transportation of toxic substances. P&W also agreed to a five-year term of probation and to take remedial action to address the environmental contamination at its facility in eastern North Carolina and other leased property in eastern North Carolina, including but not limited to, the proper treatment and/or disposal of PCB-contaminated waste oil.
Superfund is the name given to the federal environmental program established to clean up the nation’s uncontrolled hazardous waste sites.
“The license to run a business is not a license to avoid paying taxes,” said Richard Weber, Chief, Internal Revenue Service (IRS) Criminal Investigation. “IRS Criminal Investigation provides financial investigative expertise in our work with our law enforcement partners. As today’s announcement shows, our skills support a wide range of investigations. Pass’ plea demonstrates the strength of our collective efforts to enforce the law and ensure public trust.”
“The defendant’s failure to notify EPA of the presence and intentional dilution of PCB-contaminated fuel oil not only posed a risk to public health and the environment, but also demonstrated the level of disregard for the laws that were designed to protect us.” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement office in Atlanta. “Today’s guilty plea sends a clear message that the government will prosecute those who recklessly endanger the health of our communities and environment by ignoring the law.”
The defendants entered their plea before US District Judge James C. Dever III of the Eastern District of North Carolina.
US Attorney Walker and Acting Assistant Attorney General Dreher praised the efforts of the EPA’s Criminal Investigation Division and the IRS’s Office of Criminal Investigations and the US Coast Guard’s Criminal Investigative Services for their diligent work in the investigation of this matter. Assistant US Attorney Banumathi Rangarajan of the Eastern District of North Carolina and Trial Attorney Shennie Patel of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division are the prosecutors in charge of the case.
Lewistown Company Settles Opencut Mining Violation
Thomas Carter, owner of Carter Dirt Works, recently agreed to pay $3,220 to the Montana Department of Environmental Quality (DEQ) for failing to obtain a permit for his gravel pit north of Lewistown, Montana.
Over several years, Carter mined more than 10,000 cubic yards of gravel from the pit without obtaining an opencut mining permit. Mining gravel without a permit is a violation, because there is no approved plan of operation or financial assurance in place to properly reclaim the disturbed area once mining operations are finished.
Carter agreed in a consent order to pay the penalty, submit an application to DEQ, and obtain an opencut mining permit. “Mr. Carter was unaware of the laws governing opencut mining and thus far has been cooperative with DEQ,” said Daniel Kenney, DEQ Enforcement Specialist.
Phillips 66 Fined for Wastewater Violations
Phillips 66 Company (Phillips 66) recently paid $17,075 to the Montana Department of Environmental Quality (DEQ) to resolve violations of its wastewater discharge permit for the Billings refinery.
DEQ issues discharge permits under the authority of the Montana Water Quality Act to ensure Montana’s streams and rivers stay clean. The violations were caused by refinery wastewater that exceeded the limit for residual chlorine during December 2010 and the oil and grease limit during October 2012.
Phillips 66 used Billing’s city water to test a large storage tank for leaks. City water is required to be chlorinated for disinfection, but the company failed to adequately remove the residual chlorine when the tank was drained. Chlorine is toxic to fish, so there is a strict limit on how much can enter a stream. “In addition to paying the penalty, Phillips 66 implemented additional procedures to make sure the residual chlorine violations do not occur again,” said John Arrigo, Administrator of the DEQ Enforcement Division.
Pure Wafer, Inc., Fined $120,000 for Failure to Have Air Quality Permit
Arizona Department of Environmental Quality officials announced that Pure Wafer, Inc., has agreed to pay $120,000 in civil penalties for not having an air quality permit at its Prescott facility. During an inspection of the Pure Wafer facility, ADEQ staff observed an emission from the onsite stack, which was determined to be hydrogen fluoride. The inspection also revealed that the facility did not have an air quality permit. Pure Wafer acquired the facility but did not obtain a permit before or after the purchase.
Since the inspection, Pure Wafer has applied for a permit, which was issued on January 2, 2013. In addition to identifying air pollution emissions limitations, the permit contains the necessary monitoring, record keeping and reporting requirements for the facility.
“Permits are important to ensure that air pollution equipment is installed and functioning properly,” said ADEQ Director Henry Darwin. “Pure Wafer worked quickly and cooperatively with us to obtain a permit after receiving the notice of the violation.”
The EPA lists hydrogen fluoride as a hazardous air pollutant. Acute inhalation exposure can cause severe respiratory damage and pulmonary edema.
Pure Wafer, whose headquarters are in the United Kingdom, prepares reclaimed silicon test wafers for the semiconductor industry. It operates manufacturing facilities in Prescott and Swansea, South Wales.
The consent judgment is subject to court approval.
Earthstone Energy, Inc. Resolves Montana Clean Air Act Violations
Earthstone Energy, Inc., based in Denver, Colorado, recently paid a $6,335 penalty to the Montana Department of Environmental Quality (DEQ) for failing to register oil and gas wells in Richland and Sheridan Counties as sources of air pollution and for failing to install vapor emission controls on two wells.
Registration of the thousands of oil and gas wells in Montana and vapor controls are necessary so that DEQ can limit the amount of pollutants that are released into the atmosphere. Larry Alheim of the DEQ Enforcement Division said that in addition to paying a penalty, Earthstone registered the wells and agreed to install the appropriate vapor controls.
$40,000 Penalty for Delayed Response to Methanol Spill
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $40,000 penalty to South/Win, Ltd., of North Carolina to settle numerous environmental violations found following a 12,000-gallon methanol release that occurred on March 7, 2011.
The spill occurred at the South/Win facility located on Nashua Street in Leominster. This facility uses large volumes of methanol, delivered by rail car, to produce various types of windshield cleaner and automotive consumer products. On March 7, 2011, company employees discovered an apparent leak from a hose line used to transfer the methanol from railcars to the building. A backflow valve apparently failed, discharging 12,000 gallons of methanol to the rail bed.
For a spill of this magnitude, notification to MassDEP is required within two hours of discovery, and assessment and cleanup should begin immediately. The company not only failed to notify MassDEP until March 10, but also did not hire an environmental contractor to conduct the cleanup until that date.
Following the release, the facility was inspected by MassDEP and numerous Air Pollution Control and Hazardous Waste Management violations were found, including: acting as an unregistered hazardous waste generator; acting as a storage facility for hazardous wastes and off-specification product; failing to engage in adequate employee training; and violations of the company’s Air Quality Plan Approval.
Under terms of a consent order, South/Win agreed paid the $40,000 penalty, and worked with MassDEP staff to revise its spill contingency and material management plans, better trained its workforce to address product spills, and corrected all outstanding violations.
“Immediate response actions and timely spill notification are critical to avoiding greater environmental damage, and these requirements are the cornerstone of Massachusetts’ hazardous waste cleanup regulations,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. ”One positive outcome of this matter is that South/Win is overhauling its business practices to avoid future potential environmental problems.”
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Trivia Question of the Week
How many premature deaths does global air pollution contribute to in a year?
a. 500,000
b. 2 million
c. 250,000
d. 1.2 million
