Numerous national and Appalachian environmental and community groups challenged the midnight rule from 2008, which repealed a longstanding stream protection—a “buffer zone” of protection from mining activities and dumping around waterways. Earthjustice, on behalf of Coal River Mountain Watch, Kentuckians for the Commonwealth, Kentucky Waterways Alliance, Ohio Valley Environmental Coalition, Statewide Organizing For Community Empowerment, Sierra Club, Southern Appalachian Mountain Stewards, Waterkeeper Alliance, and West Virginia Highlands Conservancy, and together with co-counsel at Appalachian Mountain Advocates, the Appalachian Citizens Law Center, and Sierra Club, brought one of the legal challenges to the 2008 rule, arguing that the rule unlawfully weakened protection for vital water resources.
Before the rule eliminated the “stream buffer zone,” this safeguard stood for decades in order to protect American waterways from the type of extreme destruction and obliteration that is now being caused by mountaintop removal mining. Mountaintop removal mining has buried an estimated 2,400 miles of Appalachian streams and polluted many more miles of waterways.
The US District Court for the District of Columbia struck down the rule because it violated the Endangered Species Act.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
Beginning this month, this new rule will provide significant new exclusions for shop towels and wipes, provided you manage them correctly.
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Houston RCRA and DOT Training
Indianapolis RCRA, DOT, IATA/IMO, and Hazcom Training
Charleston RCRA, DOT, and IATA/IMO 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.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
New Test Screens Wastewater Biosolids For Environmental Contaminants
Every year waste treatment facilities in the United States process more than eight million tons of semi-solid sewage called biosolids—about half of which is recycled into fertilizer and spread on crop land.
The practice helps solve storage issues and produces revenue to support the treatment plants, but what else is being spread in that sludge?
As industry invents new materials and chemicals for modern products, many find their way to our skin and bloodstream and, subsequently, into our sinks and toilet bowls. More than 500 different organic chemicals have been identified in the biosolids used as fertilizer across the United States.
Federal law regulates remnant levels of heavy metals and pathogens in the biosolid fertilizer, but chemicals are not currently accounted for because it has been prohibitively expensive to even begin sorting out which ones might be ecologically unfriendly, says Claudia Gunsch, professor of civil and environmental engineering at Duke University.
In a recent study, Gunsch and colleagues from Duke's Pratt School of Engineering describe a new, cost-effective method for screening chemicals for potential environmental impact. They have used the test to show that triclosan, an antimicrobial agent currently under fire from environmentalists, has troubling concentrations in the environment, and they raise suspicions about three other commonly used antimicrobial products. The team describes their new testing method and some of its early findings in the February 4 2014 Journal of Environmental Science & Technology.
"Because we're finding many emerging contaminants in biosolids, we wanted to develop a method where you could check them quickly and efficiently and flag the most potentially dangerous ones for more complex measurements," said Ryan Holzem, a graduate student in civil and environmental engineering at Duke and first author on the study.
An important benefit of fertilizing soil is replenishing nitrate levels, which are crucial to growing plants. One indicator of the soil's health is the rate at which native bacteria are breaking down those nitrates through a process called denitrification. If antimicrobials or other chemical agents are affecting the bacteria's ability to complete this process, the soil's quality is degraded.
The new screening technique involves growing a bacterium commonly found in soil that is important to the nitrogen cycle—Paracoccus denitrificans—in pure laboratory cultures. Researchers then add various amounts of the chemicals in question to determine the minimum amount that affects the denitrification process.
"We chose the nitrogen cycle as an indicator because we wanted to represent an environmental process that is critical to agriculture," Holzem said. "Typically you have to use a complex, $50,000 piece of equipment to measure the gasses that are produced by the active bacteria. But our method isolates denitrification on its own so that we can use simple processes to measure it."
To test the new screening technique, Holzem and Gunsch worked with Heather Stapleton, associate professor of civil and environmental engineering, to examine six commercial antimicrobial chemicals. Two are used in abundance: triclosan, which is found in most antibacterial soaps and toothpastes, and triclocarban, which isn't far behind in both uses and criticisms. They also looked at four emerging antimicrobial compounds used in applications such as pesticides, paper mills, deodorants, and antimicrobial household goods.
"These chemicals are everywhere," said Gunsch. "Our society loves products that prevent microbial growth."
The Duke team found that environmental levels of triclosan should raise an immediate red flag, given its effects on the critical Paracoccus bacteria, and that three of the other five compounds tested are found in concentrations high enough to warrant concern.
The results showed not only that the technique works, but that it is more sensitive than laborious and more expensive testing methods involving measurements of gene expression and cell viability.
While the screening process only looked at the effects of six antimicrobial agents on one indicator of environmental health—the nitrogen cycle—Gunsch and Holzem say the technique could be used to test a variety of compounds through many different ecological indicators.
"We hope that companies developing new chemicals might use this method to start looking at potential environmental threats before incorporating them into consumer products," said Gunsch.
Their work was supported in part by the National Science foundation grant CBET-0854167.
Next Generation of Heavy Duty Vehicle Greenhouse Gas Standards Under Development
California’s Air Resources Board recently hailed NHTSA and EPA's announcement of the development of a next phase of greenhouse gas (GHG) standards for heavy duty vehicles. The federal agencies have announced they will begin their rulemaking process on regulations, known as the Phase 2 standards, which require further reductions in GHG emissions and corresponding higher efficiency standards from vehicles ranging from heavy pick-up trucks to tractor-trailers weighing more than 33,000 pounds.
“We look forward to teaming with the federal agencies and strongly support this effort. We are excited to share the California experience and technical expertise gained from our early actions to reduce emissions and save fuel from the heaviest trucks via our California tractor-trailer GHG program over the last six years,” said Air Resources Board Chairman Mary D. Nichols. “The Phase 1 standards that are already in place will reduce these emissions by about 10%, and we look forward to developing more ambitious Phase 2 regulations to provide even greater benefits.”
California assumed a leadership role in regulating GHG emissions with passage of The Global Warming Solutions Act (AB 32) in 2006. In 2011, the federal Phase 1 GHG standards for heavy duty vehicles were approved nationally. As part of its climate and air quality improvement programs, California aligned its heavy duty vehicle requirements with those regulations in 2013.
And now, ARB is working with the EPA and the US Department of Transportation's National Highway Traffic Safety Administration (NHTSA) on national GHG standards and corresponding fuel efficiency standards for medium- and heavy-duty vehicles. The collaborative work with EPA and NHTSA will build on the ARB's experience with reducing emissions from diesel trucks and buses, which have already reduced black carbon, a powerful greenhouse contaminant, by 90% in the state.
The federal Phase 1 standards required more efficient engines, use of low rolling resistance tires, reduced idling, and aerodynamic improvements. The Phase 2 standards are expected to prompt even more innovation, improvements and significant fuel savings for the end-user.
EPA Proposes New Measures to Protect Farm Workers from Pesticide Exposure
“Today marks an important milestone for the farm workers who plant, tend, and harvest the food that we put on our tables each day,” said Gina McCarthy, EPA Administrator. “EPA’s revised Worker Protection Standard will afford farm workers similar health protections to those already enjoyed by workers in other jobs. Protecting our nation’s farm workers from pesticide exposure is at the core of EPA’s work to ensure environmental justice.”
EPA is proposing significant improvements to worker training regarding the safe usage of pesticides, including how to prevent and effectively treat pesticide exposure. Increased training and signage will inform farm workers about the protections they are afforded under the law and will help them protect themselves and their families from pesticide exposure.
Workers and others near treated fields will now be protected from pesticide overspray and fumes. In addition, EPA has proposed that children under 16 be legally barred from handling all pesticides, with an exemption for family farms. These revisions protect workers while ensuring agricultural productivity and preserving the traditions of family farms.
This proposal represents more than a decade of extensive stakeholder input by federal and state partners and from across the agricultural community including farm workers, farmers, and industry on the current EPA Worker Protection Standard for Agricultural Pesticides first established in 1992.
Halliburton Fined for Repeated Hazardous Waste Violations
The Pennsylvania Department of Environmental Protection (DEP) fined Halliburton Energy Services $1.8 million for 255 violations of the Solid Waste Management Act between 1999 and 2011.
DEP became aware of the violations in 2011 during an inspection of the facility, and further investigation revealed violations dating back to 1999.
“Our regulations are in place to protect the health and safety of our residents and to preserve our environmental resources,” DEP Secretary Chris Abruzzo said. “Halliburton’s repeated disregard of these regulations is unacceptable.”
The violations occurred when the company, at its Homer City facility in Indiana County, stored, treated, and transported waste hydrochloric acid without obtaining proper permits from DEP.
During the 12-year time period, Halliburton transported acidic waste, which had originated from various gas well sites, without identifying the waste as “hazardous waste,” without proper hazardous waste trucking records, and without using a licensed hazardous waste transporter. In addition, the company sent the hazardous waste to an unauthorized treatment and disposal operation.
While there is no evidence that Halliburton’s handling of the hazardous waste caused any actual harm to the public or the environment; Halliburton violated state regulations governing the handling, storage, transport, and disposal of hazardous waste on hundreds of occasions.
The Consent Assessment of Civil Penalty (CACP) which assesses the fine was signed by DEP and the company on February 7. By signing the CACP, the company agrees not to appeal the penalty.
EPA Takes Action to Protect Public from Harmful Lead Exposure
EPA recently announced enforcement actions that will require 35 home renovation contractors and training providers to take additional steps to protect communities by minimizing harmful lead dust from home renovation activities, as required by the EPA’s Lead Renovation, Repair, and Painting (RRP) Standards. These standards provide important, front-line protection for children and others vulnerable to exposure to lead dust that can cause lead poisoning.
“Families deserve the peace of mind that home renovations occur without harming children,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Businesses that play by the rules deserve to compete on a level playing field. EPA will continue to enforce the nation’s lead rules to protect the public from illegal and dangerous lead exposure.”
In addition, 21 settlements involve violations for failure to follow required lead-safe work practices, and three cases involve general contractors who failed to ensure their subcontractors followed the RRP standards.
Three of the companies agreed to fund environmental projects to benefit communities. HarenLaughlin Construction and Exterior Energy Consultants will fund lead abatement work at local properties, while the New Jersey Council of Community Colleges will provide tuition-free, EPA accredited training courses to renovators expected to work on projects impacted by Hurricane Sandy.
Contractors that are certified under EPA’s RRP standards are encouraged to display EPA’s “Lead-Safe” logo on worker’s uniforms, signs, websites, and other material, as appropriate. Consumers can protect themselves by looking for the logo before hiring a home contractor.
Between May 2013 and January 2014, EPA has settled enforcement actions with the following companies:
- Environmental Engineering & Technology, Inc. of Newport News, VA
- The Training Network, Inc. of Oak Hill, VA
- Professional Training Associates, Inc. of Duquesne, PA
- The Home Hero, LLC of Philadelphia, PA
- Thermo-Twin Industries, Inc. of Oakmont, PA
- Samuel M. Lewis of Columbus, OH
- Midwest College Painters, LLC of Bloomfield, MI
- D&S Construction of Western Ohio, LLC of Sidney, OH
- M&J Environmental Institute of Maple Grove, MN
- Hannegan Construction Company of St. Charles, MO
- HarenLaughlin Construction of Lenexa, KS
- Jason Madura of Warsaw, MO
- Nezerka Enterprises LLC d/b/a Certa Pro Painters of Shawnee Mission, KS
- James L. and Dona D. Jungers of Lincoln, NE
- Dennis Barker of Fairbury, NE
- Painting Done Right of Lincoln, NE
- Prudent Technologies, Inc. of Kansas City, MO
- Rothers Inc., d/b/a Rothers Design/Build of Kansas City, KS
- Ritchie Enterprises, Inc. d/b/a Puroclean Emergency Restoration Services of Sullivan, MO
- Exterior Energy Consultants, Inc. of Gladstone, MO
- Philip Thornton and Stanley Thornton of Marshall, MO
- Van Dyk Construction of Littleton, CO
- Devex Construction LLC of Greenwood Village, CO
- Thomas Breuer Construction of Sioux Falls, SD
- Alaska Commercial Contractors, Inc. of Juneau, AK
- VanPool Painting, Inc. of Juneau, AK
- Kachina Contractor Solutions, LLC of Elkins Park, PA
- Collegiate Entrepreneurs, Inc. of Braintree, MA
- Bill Vizzo Contractors, LLC of Shelton, CT
- James J. Welch & Co., Inc. of Salem, MA
- New Hampshire Plate Glass Corp. of Portsmouth, NH
- Dura-Plex, Inc. of Brick, NJ
- Hernandez Painting of Hempstead, NY
- Consortium for Workforce and Economic Development / New Jersey Council of Community Colleges of Trenton, NJ
- Schryer Thompson Construction, Inc. of Concord, CA
Two Contractors Fined and Will Take Action to Protect Children from Lead Paint Hazards under Settlement
A sub-contractor hired to perform a window renovation project at the former Frisbee School in Kittery, Maine, and the general contractor hired to oversee the renovation of the school into a community center, will pay fines and ensure their compliance with requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities.
EPA alleged that the violations occurred during work to convert the former Frisbee School into a community center for which JJ Welch was the primary contractor and NH Glass was hired as a subcontractor. The new Kittery Community Center was designed to include day care programs and was thus considered a child-occupied facility under federal regulations. Lead-based paint was present in storm windows that NH Plate Glass removed during the renovation. Fortunately, EPA determined that no children were present in the building when the renovations occurred.
The violations were brought to EPA’s attention via an anonymous tip, after which EPA and Maine Department of Environmental Protection performed an inspection of the site in February 2012. Based on the inspection, EPA determined that NH Glass had not complied with the required work practice requirements of the RRP Rule, including failure to assign a certified renovator to the work site; failure to cover the ground with plastic sheeting; and failure to contain waste from the renovation activity. As the general contractor, JJ Welch failed to comply with its responsibility to ensure that those requirements were met.
The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations. The rule became effective on April 22, 2010, and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
“Infants and children are especially vulnerable to lead paint exposure, which can cause lifelong impacts including developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavioral problems,” said Curt Spalding, regional administrator of EPA’s New England office. “The safe work practices found in the RRP rule are designed to help ensure that children don’t suffer serious, lifelong health impacts from lead exposure.”
Since 2012, EPA has pursued 12 actions in New England to enforce the RRP Rule. Continued enforcement of the lead paint Renovation, Repair, and Painting Rule ensures both that children are being protected from avoidable exposure to lead, as well as there being a “level playing field” for contractors following the health-protective work practices in the regulation.
District of Columbia Agrees to Improve Air Pollution Monitoring at D.C. General Health Campus
The district will also pay a $14,900 penalty.
The district operates the health campus, which was formerly known as the D.C. General Hospital. The consent agreement between EPA and the district resolves alleged violations of air pollution control requirements for boilers and emergency generators.
According to EPA, the violations included noncompliance with requirements to monitor for nitrogen oxides, carbon monoxide, and visible emissions. It also included noncompliance related to testing of fuel oil for compliance with sulfur limits, as well as recordkeeping and reporting requirements. These requirements help to ensure compliance with the district’s air quality standards and the protection of public health and the environment.
The CEMS will help ensure compliance with air pollution limits for nitrogen oxides through “real-time” emission monitoring of the facility’s boilers.
Also, as part of the settlement, the district did not admit or deny liability for the cited violations. The penalty reflects the district’s compliance efforts and cooperation with EPA.
EPA Orders Utilities Inc. to Comply with Clean Water Act at Tega Cay Wastewater Plant
EPA has issued a Notice of Violation to Utilities, Inc., notifying them of violations observed at the Tega Cay Water Services’ Wastewater Collection and Transmission System (Tega Cay) during a joint inspection with the South Carolina Department of Health and Environmental Control (DHEC) in December 2013.
Tega Cay allowed at least 27 sanitary sewer overflows (SSOs) to occur from January 1, 2013, through January 2, 2014, resulting in 446,350 gallons of untreated sewage being discharged. At least 18 of the SSOs discharged untreated sewage to navigable waters of the United States.
The Notice of Violation requires Tega Cay to follow the compliance dates noted in a related DHEC Consent Order executed on February 3, 2014. EPA will monitor Tega Cay’s progress in developing and implementing written Management, Operations, and Maintenance programs, as well as continued rehabilitation and repair of its wastewater treatment plant and associated infrastructure, to address the violations over the next two years.
Water pollution degrades surface waters making them unsafe for drinking, fishing, swimming, and other activities.
DTSC Investigation Leads to Arrest and Felony Charges Related to Hazardous Waste Transportation Business
The Department of Toxic Substances Control (DTSC) announced recently that a DTSC investigation referred to Alameda County District Attorney Nancy E. O’Malley’s office has resulted in the arrest of two operators of Clearwater Environmental Management, Inc., Kirk Hayward, the former owner of the Union City business, and Charles Seaton, the former vice president, were arrested on February 11, 2014, and each charged with four felony counts of grand theft by false pretenses and one felony count of conspiracy.
“Safe management of hazardous waste relies on the accurate tracking of waste shipments,” said Reed Sato, DTSC Chief Counsel. “Investigating the falsification of transportation documents is a high priority for DTSC and we are grateful for the partnership with the District Attorney in prosecuting these threats to public safety.”
Clearwater has transported and disposed of hazardous and non-hazardous waste for local businesses since at least 1995. The company lost its license to transport hazardous waste in 2007 as the result of an investigation by DTSC’s Office of Criminal Investigations (OCI). That case culminated in the felony conviction of Hayward, who was sentenced to 60 days in jail and fined $70,000. Clearwater continued to operate the non-hazardous waste portion of its business after losing its hazardous waste transport license. The company also continued operating the hazardous waste portion of the business, using the identity of another licensed transporter on official records.
DTSC discovered Clearwater was illegally transporting hazardous waste without a license and using the identity of another transporter, and in July, 2011, served a search warrant at the facility. Investigators discovered that Clearwater was documenting transports of hazardous waste to an oil recycling facility in Nevada also owned by Clearwater, but in many instances the waste went elsewhere.
The law requires generators of hazardous waste to transport their waste to a facility permitted to accept such waste and to file records that document lawful transportation and the final disposal site. Typically, businesses that generate hazardous waste pay a hazardous waste transporter to perform all of these services for them. Clearwater customers paid Clearwater to transport and dispose of their waste according to hazardous waste laws, including the requirement that the customer accurately document the transport and disposal of the waste in records filed with the state.
“My Office is committed to ensuring that hazardous waste is properly transported and disposed of,” said O’Malley. “Thanks to the diligence and excellent investigation by DTSC, we are today able to prosecute these defendants for their illegal conduct.”
Many Clearwater customers paid for these services, but never got them. Instead, Clearwater illegally transported customers' waste, disposed of the waste at locations unknown, and falsified customers' transportation and disposal records. The four charges of grand theft by false pretenses are based on Clearwater defrauding four such customers.
The felony charge of conspiracy is based on Hayward and Seaton's agreement to commit three crimes: to transport hazardous waste without a license; to use the identity of another transporter on hazardous waste records; and to obtain payment from Clearwater customers by means of false pretenses.
OCI is a special investigation unit within DTSC consisting of peace officers, scientists, and a computer forensic specialist who investigate criminal misconduct and other serious violations of hazardous waste laws in California. They are the only criminal investigation unit within the California Environmental Protection Agency.
California Energy Commission Fines Power Plant
The California Energy Commission issued a $2,500 fine against the owners of the Bottle Rock Geothermal Power Plant in Lake County for failing to secure a $5 million bond that would pay for environmental restoration if the plant is closed. The five-member Energy Commission unanimously found that the plant owners were noncompliant and approved the fine during the Commission's monthly business meeting Tuesday.
In 2001, the Energy Commission granted a permit to the Department of Water Resources (DWR) to transfer ownership of the Bottle Rock Power Plant in Lake County, California, to Bottle Rock Power Corp. (later, Bottle Rock Power). A key condition of the sale was a requirement that project owners secure a $5 million bond to cover proper decommissioning of the plant and remediation of the site should the plant close.
In 2012, DWR and Bottle Rock Power amended the purchase agreement, deleting the provision requiring the $5 million bond. During a hearing last year, the Commission's Bottle Rock Geothermal Plant Amendment Committee determined that the company failed to comply with sale terms and sent the issue to the full Committee with a recommendation that a penalty be assessed.
The penalty could have been larger. The complaint filed by David Coleman, a private citizen, sought a $50,000 fine, but Commissioners noted that the owner has since secured the necessary bond, and may have been confused about the requirement based on how the condition was worded.
Sustainable Manufacturing System to Better Consider the Human Component
Engineers at Oregon State University have developed a new approach toward “sustainable manufacturing” that begins on the factory floor and tries to encompass the totality of manufacturing issues—including economic, environmental, and social impacts. This approach, they say, builds on previous approaches that considered various facets of sustainability in a more individual manner. Past methods often worked backward from a finished product and rarely incorporated the complexity of human social concerns.
“People around the world—and many government policies—are now demanding higher standards for corporate social responsibility,” said Karl Haapala, an OSU assistant professor of industrial and manufacturing engineering. “In the early days, industry dealt with ‘end-of-pipe’ challenges to reduce pollution or increase efficiency. There’s still a place for that, but we’re trying to solve the problem at the source, to begin the process right at the drawing board or on the shop floor.”
“We want to consider a whole range of issues every step of the way,” Haapala added, “so that sustainability is built into the entire manufacturing process.”
The researchers demonstrated the approach with the production of stainless steel knives, based on an industry project. But the general concepts could be used for virtually any system or product, they said.
With every decision the method considers manufacturing techniques, speed of the operations, environmental impacts, materials, energy used, and wastes. Decisions can be based on compliance with laws and regulations, and the effects of different approaches on worker safety and satisfaction.
“This is one of the few approaches to systematically consider the social aspects of the workplace environment, so that people are happy, productive, safe, and can contribute to their families and communities,” said Hao Zhang, a doctoral student in the College of Engineering and graduate research assistant on the study.
“Suppose we make changes that speed up the output of a manufacturing line,” Zhang said. “In theory that might produce more product, but what are the impacts on tool wear, increased down time, or worker satisfaction with the job? What about risk of worker injury and the costs associated with that? Every change you make might affect many other issues, but too often those issues are not considered.”
Social components have often been left out in the past, Zhang said, because they were some of the most difficult aspects to scientifically quantify and measure. But health, safety, and happiness that start on the workshop floor can ripple through the entire community and society, Haapala said, and they are too important to be pushed aside.
This approach incorporates previous concepts of sustainability that have been found to have proven value, such as “life cycle assessment” of systems that considers the totality of energy used, environmental impacts, and other issues. And it lets manufacturers make value judgments about the issues most important to them, so that a system can prioritize one need over another as necessary.
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Trivia Question of the Week
Since 1970, vehicle emissions in California have been cut by a factor of:
a. 10
b. 100
c. 1000
d. Rather than a cut, vehicle emissions have increased
