It includes a variety of documents and Web sites that outline national and local trends in toxic chemical disposal or other releases to the environment, as well as trends in toxic chemicals managed by TRI facilities. These resources include an overview of the National Analysis with additional context and explanation, briefing slides that show high-level messages and trends, and three geographic-specific analyses that highlight urban communities, large aquatic ecosystems, and Indian country and Alaska Native Villages. In Reporting Year 2011 (RY11), 20,927 facilities reported 4.09 billion pounds of toxic chemicals disposed of or otherwise released into the environment, up by 8% from 2010 to 2011. In the long term, facility disposal or other releases of TRI chemicals have generally decreased, down by 8% from 2003 to 2011.
RY11 was the first year that reporting was required on 16 new chemicals that have been classified as “reasonably anticipated to be a human carcinogen” by the National Toxicology Program (NTP).
EPA to Ban 12 D-Con Mouse and Rat Control
EPA is moving to ban the sale of 12 D-Con mouse and rat poison products produced by Reckitt Benckiser, Inc., because these products fail to comply with current EPA safety standards. Approximately 10,000 children a year are accidentally exposed to mouse and rat baits; EPA has worked cooperatively with companies to ensure that products are both safe to use around children and effective for consumers. Reckitt Benckiser Inc., maker of D-Con brand products, is the only rodenticide producer that has refused to adopt EPA’s safety standards for all of its consumer use products.
"Moving forward to ban these products will prevent completely avoidable risks to children, said James Jones, acting assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. "With this action, EPA is ensuring that the products on the market are both safe and effective for consumers."
The agency has worked with a number of companies during the last five years to develop safer rodent control products that are effective, affordable, and widely available to meet the needs of consumers. Examples of products meeting EPA safety standards include Bell Laboratories’ Tomcat products, PM Resources’ Assault brand products and Chemsico’s products.
In addition, the EPA prohibits the sale to residential consumers of products containing brodifacoum, bromadiolone, difethialone, and difenacoum because of their toxicity to wildlife.
EPA expects to see a substantial reduction in exposures to children when the 12 D-Con products that do not comply with current standards are removed from the consumer market as millions of households use these products each year.
The EPA’s final Notice of Intent to Cancel will be available in the EPA docket EPA-HQ-OPP-2013-0049 at www.regulations.gov. After Federal Register publication of the Notice of Intent to Cancel, Reckitt Benckiser will have 30 days to request a hearing before an EPA Administrative Law Judge. If a hearing is not requested, the cancellations become final and effective.
Arlington, VA RCRA and DOT Training
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How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
Environmental and Safety Consultant/Trainers
Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. We currently have openings for a top-notch consultants with expertise in:
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OEPA Requests Input on Greenhouse Gas Tailoring Rule
Ohio EPA is requesting stakeholder input on potential rule amendments to Ohio Administrative Code (OAC) greenhouse gas rules 3745-31-34 and 3745-77-11. requirements.
Ohio EPA is considering amendments to the rule language, based on US EPA comments, that would make the rules approvable as part of Ohio's State Implementation Plan.
Before drafting the rule changes, Ohio EPA is asking for input/suggestions on these rules from potential affected parties. DAPC will be accepting comments on these potential changes through Thursday, February 28, 2013.
Updated Climate Resilience Evaluation and Awareness Tool Available for Download
The tool assists drinking water, wastewater, and stormwater utilities, in identifying climate change threats, assessing potential consequences, and evaluating adaptation options. Increasing climate readiness can help build resilience to extreme weather events.
Developed under EPA's Climate Ready Water Utilities initiative, CREAT 2.0 builds on the capabilities of the first version of the tool by providing local historical climate data, as well as more comprehensive downscaled climate change projections. This new version uses a flexible framework, which allows utilities, regardless of size or type, to consider climate impacts at multiple locations and to assess multiple climate scenarios.
NOAA, USGS: Climate Change Impacts to US Coasts Threaten Public Health, Safety, and Economy
The report, Coastal Impacts, Adaptation, and Vulnerabilities: a technical input to the 2013 National Climate Assessment, authored by leading scientists and experts, emphasizes the need for increased coordination and planning to ensure US coastal communities are resilient against the effects of climate change.
The recently-released report examines and describes climate change impacts on coastal ecosystems and human economies and communities, as well as the kinds of scientific data, planning tools, and resources that coastal communities and resource managers need to help them adapt to these changes.
“Sandy showed us that coastal states and communities need effective strategies, tools and resources to conserve, protect, and restore coastal habitats and economies at risk from current environmental stresses and a changing climate,” said Margaret A. Davidson of NOAA’s Office of Ocean and Coastal Resource Management and co-lead author of the report. “Easing the existing pressures on coastal environments to improve their resiliency is an essential method of coping with the adverse effects of climate change.”
A key finding in the report is that all US coasts are highly vulnerable to the effects of climate change such as sea-level rise, erosion, storms, and flooding, especially in the more populated low-lying parts of the US coast along the Gulf of Mexico, Mid-Atlantic, northern Alaska, Hawaii, and island territories. Another finding indicated the financial risks associated with both private and public hazard insurance are expected to increase dramatically.
“An increase in the intensity of extreme weather events such as storms like Sandy and Katrina, coupled with sea-level rise and the effects of increased human development along the coasts, could affect the sustainability of many existing coastal communities and natural resources,” said Virginia Burkett of the US Geological Survey and co-lead author of the report.
The authors also emphasized that storm surge flooding and sea-level rise pose significant threats to public and private infrastructure that provides energy, sewage treatment, clean water, and transportation of people and goods. These factors increase threats to public health, safety, and employment in the coastal zone.
The report’s authors noted that the population of the coastal watershed counties of the US and territories, including the Great Lakes, makes up more than 50% of the nation’s population and contributed more than $8.3 trillion to the 2011 US economy but depend on healthy coastal landforms, water resources, estuaries and other natural resources to sustain them. Climate changes, combined with human development activities, reduce the ability of coasts to provide numerous benefits, including food, clean water, jobs, recreation, and protection of communities against storms.
Seventy-nine federal, academic, and other scientists, including the lead authors from the NOAA and USGS, authored the report which is being used as a technical input to the third National Climate Assessment—an interagency report produced for Congress once every four years to summarize the science and impacts of climate change on the United States.
Expected public health impacts include a decline in seafood quality, shifts in disease patterns, and increases in rates of heat-related morbidity.
Changes in the location and the time of year when storms form can lead to large changes in where storms land and the impacts of storms. Any sea-level rise is virtually certain to exacerbate storm-surge and flooding related hazards.
Because of changes in the hydrological cycle due to warming, precipitation events (rain, snow) will likely be heavier. Combined with sea-level rise and storm surge, this will increase flooding severity in some coastal areas, particularly in the Northeast.
Temperature is primarily driving environmental change in the Alaskan coastal zone. Sea ice and permafrost make northern regions particularly susceptible to temperature change. For example, an increase of two degrees Celsius during the summer could basically transform much of Alaska from frozen to unfrozen, with extensive implications.
As the physical environment changes, the range of a particular ecosystem will expand, contract or migrate in response. The combined influence of many stresses can cause unexpected ecological changes if species, populations, or ecosystems are pushed beyond a tipping point.
Although adaptation planning activities in the coastal zone are increasing, they generally occur in an ad-hoc manner and are slow to be implemented. Efficiency of adaptation can be improved through more accurate and timely scientific information, tools, and resources, and by integrating adaptation plans into overall land use planning as well as ocean and coastal management.
An integrated scientific program will reduce uncertainty about the best ways coastal communities can to respond to sea-level rise and other kinds of coastal change. This, in turn, will allow communities to better assess their vulnerability and to identify and implement appropriate adaptation and preparedness options.
EPA Proposes 2013 Renewable Fuel Standards
The proposal announced recently will be open for a 45-day public comment period and EPA will consider feedback from a range of stakeholders before the proposal is finalized. EPA continues to support the use of renewable fuels within the transportation sector through the RFS2 program, which encourages innovation, strengthens American energy security, and decreases greenhouse gas pollution.
The Energy Independence and Security Act of 2007 (EISA) established the RFS2 program and the annual renewable fuel volume targets, which steadily increase to an overall level of 36 billion gallons in 2022. To achieve these volumes, EPA calculates a percentage-based standard for the following year. Based on the standard, each refiner and importer determines the minimum volume of renewable fuel that it must ensure is used in its transportation fuel.
The proposed 2013 overall volumes and standards are:
- Biomass-based diesel (1.28 billion gallons; 1.12%)
- Advanced biofuels (2.75 billion gallons; 1.60%)
- Cellulosic biofuels (14 million gallons; 0.008%)
- Total renewable fuels (16.55 billion gallons; 9.63%)
Overall, EPA’s RFS2 program encourages greater use of renewable fuels, including advanced biofuels. For 2013, the program is proposing to implement EISA’s requirement to blend more than 1.35 billion gallons of renewable fuels over the amount mandated for 2012.
DOT Speeds Up Environmental Review of Transportation Projects
In keeping with President Obama’s emphasis on cutting government red tape to speed up federal decisions on vital, job creating transportation infrastructure projects, the US Department of Transportation’s Federal Transit Administration (FTA) recently announced important revisions—the first in more than 25 years—to expedite the environmental review process that all proposed transit projects seeking federal funds must undergo as part of the National Environmental Policy Act (NEPA).
“This Administration is committed to clearing the way for communities to invest in transit options that revitalize neighborhoods and improve access to jobs and critical destinations,” said Secretary LaHood. “These improvements expedite our environmental review process to move projects through the pipeline more quickly, while preserving critical community input on how planned transit projects affect the local environment.”
One impact of FTA’s new environmental review provisions is that the changes will make it possible to expedite the release of Hurricane Sandy emergency relief funds to aid in the restoration, rehabilitation and replacement of damaged transit assets in New York, New Jersey, Connecticut, and other regions.
Greater efficiencies will be achieved by allowing communities developing rail, bus, streetcar, and ferry transit projects to spend less time and effort preparing documentation, such as environmental assessments, while continuing to ensure the protection of the environment and people’s health. For example, a transit project slated for development in an existing transportation right-of-way would qualify for a less cumbersome environmental review process than one breaking all new ground. To help expedite the process overall, transportation authorities are also encouraged to take environmental impacts into consideration sooner, as part of the planning process, rather than later in the process which may cause delays.
“The FTA is continuing to find ways to make our government work smarter on behalf of the American people by cutting inefficiency wherever we find it,” said FTA Administrator Peter Rogoff. “These common-sense changes will allow communities to move projects from the drawing board to construction more quickly than in the past while making sure that we don’t compromise on protecting the environment.”
The changes announced recently are the result of the most comprehensive review of FTA’s environmental procedures since 1987 and are in line with the provisions in the Moving Ahead for Progress in the 21st Century Act (MAP-21) designed to expedite project delivery. The changes will also boost transparency of the NEPA process by encouraging environmental impact statements and other environmental review documents to be posted online, keeping local residents and other interested groups informed.
The changes to FTA’s environmental review process are consistent with President Obama’s Presidential Memorandum issued in August 2011, instructing departments to speed infrastructure development through more efficient and effective permitting and environmental review as well as the President’s Executive Order 13563 issued in January 2011, calling on Federal agencies to “modify, streamline, expand, or repeal” rules that may be “outmoded, ineffective, insufficient, or excessively burdensome.”
These changes will be effective immediately upon publication in the Federal Register, within the next few days.
EPA Fines Pacific Northwest Companies $630,000
During the final months of 2012, the EPA, Region 10 took nearly 40 enforcement actions in Alaska, Idaho, Oregon, and Washington to protect communities and the environment.
“Enforcing environmental laws is one of EPA’s fundamental responsibilities and helps keep our water safe, our land clean, and our air clear,” said Ed Kowalski, director of EPA Region 10 Compliance and Enforcement. “Vigorous and fair enforcement provides the protection our communities expect and the certainty sought by business and industry.”
EPA enforcement helps deter violators who might otherwise gain an unfair business advantage over their competitors who are environmentally compliant. Penalties vary depending on the severity of the violations, how quickly violations are corrected, and if there is a history of past violations. Compliance Orders direct violators to bring their activities into compliance with the rules, but do not include penalties. In October, November and December, EPA Region 10 assessed more than $630,000 in federal penalties against the violators.
Biomass to Energy Company Fined $145,000 for Clean Air Act Violations
“EPA will continue to rigorously enforce against facilities located in the San Joaquin Valley, a geographic focus for our regional Strategic Plan. The message is simple: facilities must comply with the requirements to monitor their pollutants,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “With some of the poorest air quality in the nation, the Valley cannot afford to risk any further deterioration.”
The permits required the facility to properly maintain and operate a continuous emission monitoring system. Thermal Energy’s monitoring equipment failed to monitor sulfur dioxide for 30 months, nitrogen oxides and carbon monoxide for 27 months, and opacity for 9 months. There were no known emission violations.
The Clean Air Act violations by Thermal Energy were under the federal New Source Performance Standard which applies to steam generators constructed after June 19, 1984, and have a heat input capacity from combusted fuels greater than 100 million BTUs (British thermal units) per hour. Also considered in the settlement were the federally enforceable San Joaquin Valley Air Pollution Control District permit conditions.
Company failure to operate emissions monitors properly can result in illegal releases of pollutants into the atmosphere. Facilities are required to properly maintain and operate emissions monitoring equipment to measure the release of pollutants and help protect human health.
Particle pollution can cause serious health problems ranging from aggravated asthma to premature death in people with heart and lung disease. Exposure to high concentrations of sulfur dioxide can have serious impacts on breathing, respiratory illness, alterations in pulmonary defenses, and aggravation of existing cardiovascular disease.
The San Joaquin Valley, with an economy driven by agriculture, suffers from high rates of poverty and unemployment. Its unique topography and wind patterns have also resulted in severe impacts to the public health. Poor air quality, due in part to high-volume truck traffic, has resulted in some of the highest rates of childhood asthma in California. We are working together with our federal, state, and local partners to improve the quality of life for the 4 million residents in the Valley.
Four Guam Companies Fined for Hazardous Materials Reporting Failures
EPA resolved violations with four Guam companies for their failure to report to emergency planners the amount of diesel fuel and other hazardous chemicals stored at their facilities, a violation of the federal Emergency Planning and Community Right-to-Know Act (EPCRA).
- Each of the four companies paid $2,000 each and corrected their violations by submitting reports to Guam EPA listing the quantities of hazardous chemicals stored pursuant to the Act’s Section 312 Tier II reporting requirements. The companies are:
- Goodwind Development Corp. (Dededo, Guam)
- Guam Waterworks Authority (for the Ugum Surface Water Treatment Plant)
- Pepsi Cola Bottling Co., of Guam (Tamuning, Guam)
- The Westin Resort of Guam (Tumon, Guam)
EPCRA allows EPA to impose significantly higher penalties for failure to make required submissions of Tier II reports, and future violators in Guam could face higher penalties than the four being announced recently.
“Companies must be diligent in providing this important chemical storage information,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “It allows local emergency planners and fire departments to be aware of the hazardous materials used or stored in their communities.”
Under EPCRA regulations facilities that maintain Material Safety Data Sheets for chemicals used or stored in the workplace must submit a Tier II report for any hazardous chemical in excess of 10,000. For certain “Extremely Hazardous Substances” the reporting trigger is 500 lb, or that substance’s “Threshold Planning Quantity,” whichever is less. For example, diesel fuel and propane must be reported if on-site at 10,000 lb (equivalent to approximately 1400 gal. and 2350 gal., respectively) or more, whereas the quantities for chlorine and anhydrous ammonia, both Hazardous Substances, are 100 and 500 lb, respectively.
EPA Helps Missouri Comply with Water Quality Standards
EPA Region 7 has approved Missouri's change to state water quality standards rules to provide greater flexibility in Missouri's National Pollutant Discharge Elimination System (NPDES) permit program.
The Missouri Department of Natural Resources submitted rule changes to EPA on December 11, 2012, for review and approval. The Clean Water Act (CWA) requires EPA to review the state's rule changes to determine if they comply with the law.
The state's regulations previously allowed no more than three years for a permittee, such as municipal sewage treatment plants and industrial facilities, to come into compliance with its NPDES permit. Due to the limits of current technology for controlling some pollutants, full compliance is not always possible within a three-year period. Missouri's new regulation now allows for a longer compliance period, in accordance with federal regulations.
“EPA appreciates Missouri's continuing efforts to protect and restore water quality,” said Karl Brooks, EPA regional administrator. “Missouri facilities are developing new approaches and technologies that require some flexibility in the permit program, so this new rule will encourage both innovation and compliance.”
As authorized by the Clean Water Act, the state-administered NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources include pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit. However, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters.
EPA's January 25, 2013, decision letter provides a more detailed description of EPA's review and the basis for this action.
EPA and State of Illinois Announce Settlement with H. Kramer to Reduce Air Pollution
EPA and the State of Illinois have signed a consent decree with H. Kramer and Co., to resolve violations of the Clean Air Act and state air pollution violations at the firm’s copper smelting foundry in the Pilsen neighborhood on the southwest side of Chicago. Under the terms of the settlement, H. Kramer will spend $3 million on new state-of-the-art pollution controls for the foundry, pay a $35,000 penalty and provide $40,000 to retrofit diesel school buses operating in the neighborhood and surrounding areas with controls to reduce air emissions.
The settlement resolves the federal government’s allegations that H. Kramer failed to maintain and operate furnaces at the foundry in a manner which controls lead emissions and that the company violated the Illinois State Implementation Plan by causing or allowing releases of lead into the air. The settlement also resolves Illinois’ claims that H. Kramer’s activities at the foundry resulted in lead emissions that caused or contributed to air pollution and created danger to the public and the environment. The consent decree requires H. Kramer to install new filters and other controls on two furnaces to reduce emissions and to continue to limit production of two lead alloys until the new equipment is installed.
“This settlement will protect Pilsen residents from lead emissions from the H. Kramer foundry and prevent future violations of the Clean Air Act,” said EPA Regional Administrator Susan Hedman. “Exposure to lead can impair the ability of children to learn.”
“This settlement will help to dramatically reduce harmful pollution levels in the Pilsen neighborhood and to improve overall air quality in the surrounding community,” Attorney General Lisa Madigan said.
On November 22, 2011, EPA announced that air quality in part of Chicago’s Pilsen neighborhood exceeds the national air quality standard for lead. EPA’s determination was based on data collected from a state air quality monitor located on the roof of the Manuel Perez Jr. Elementary School. The H. Kramer facility is located in the area that violates the lead air quality standard—which is bounded by Damen Avenue to the west, Roosevelt Road to the north, the Dan Ryan Expressway to the east and the Stevenson Expressway to the south.
The proposed settlement, lodged recently in the US District Court for the Northern District of Illinois, is subject to a 30-day comment period and final court approval.
Worcester Trust and Lowell Company to Pay $24,000 Penalty for Asbestos Violations
The 60 Shrewsbury Street Nominee Trust of Worcester and 7 Nana Steak House, Inc., of Lowell have agreed to jointly pay a $24,000 penalty to the Commonwealth of Massachusetts for violations of the Massachusetts Department of Environmental Protection's (MassDEP) asbestos regulations that occurred in January 2012 during the renovation of a commercial building located in Worcester.
Under the terms of the negotiated settlement, MassDEP assessed a $37,625 penalty, and agreed to suspend $13,625 of the penalty amount provided that the parties have no further violations for one year.
MassDEP personnel determined that asbestos-containing insulation was improperly removed, handled, and stored during the renovation at the property, located at 60 Shrewsbury Street in Worcester. Upon discovery, MassDEP required the parties to immediately retain the services of a Massachusetts Department of Labor Standards-licensed asbestos contractor to properly handle, package, and dispose of all the asbestos waste, and to decontaminate all affected areas of the property.
The parties were cited and penalized for failing to notify MassDEP of a demolition/renovation operation involving asbestos-containing materials, and for the improper removal, handling, packaging, labeling, and storage of asbestos-containing waste materials.
State regulations require notification to MassDEP in advance of an asbestos-removal project, as well as the proper removal, handling, packaging, labeling, storage, and disposal of asbestos waste materials. Proper removal, handling, packaging, and storage of asbestos-containing materials are critical measures that prevent the release of, and potential exposure to, asbestos fibers, and warn of the health hazards associated with that type of waste material.
"Owners and contractors involved with building renovation work must be fully aware of their responsibilities under the regulations to properly deal with asbestos-containing materials. Failure to notify MassDEP of asbestos removal, and to follow prescribed work practices is an extremely serious, and ultimately a costly oversight that potentially exposes workers, tenants and the general public to a known carcinogen," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "As this case illustrates, noncompliance with the asbestos regulations will result in significant penalty exposure, as well as escalated cleanup, decontamination, disposal, and monitoring costs."
Property owners or contractors with questions about asbestos-containing materials, proper removal, handling, packaging, storage, and disposal procedures, or the asbestos regulations are encouraged to contact the appropriate MassDEP Regional Office for assistance.
MassDEP Assesses Property Owner $4,100 Penalty Following Violations of Drinking Water Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $4,100 penalty to 629 Massachusetts Avenue, LLC, of Acton as a result of violations of the state Drinking Water regulations that occurred at its public water system (PWS), which serves businesses at Boxborough Commons, located at 629 Main Street, Boxborough.
Based on the review of monitoring reports and an inspection of the PWS serving this location, MassDEP personnel determined that the owners had failed to properly monitor the drinking water, and had not retained the services of a certified PWS operator, as required by the Drinking Water regulations.
Through a consent order, 629 Massachusetts Avenue, LLC, will hire a certified operator to oversee sampling, monitoring, and other requirements under the regulations for this small PWS. All of the required reports must also be filed in a timely manner with MassDEP.
"Massachusetts' citizens expect, and the regulations are in place to assure that a safe and pure source of drinking water is available to all," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "The schedule agreed to in this consent order provides a framework intended to ensure that Boxborough Commons remains in compliance with these regulations."
MPCA Penalizes Master Transfer Co. for Spill-Reporting Violations
A Brooklyn Park, Minnesota trucking company, Master Transfer Co., has reached an agreement with the Minnesota Pollution Control Agency (MPCA) resolving the company’s failures to report petroleum spills in June 2010 and January 2012.
On June 30, 2010, MPCA staff investigated a complaint that petroleum had been spilled at the Master Transfer facility at 7211 Winnetka Ave. N. At the time of the investigation, the company was operating a tanker truck to transport and dispense diesel fuel to service its operations and had a 2,000-gallon, double-walled aboveground tank for storing and dispensing diesel fuel. The company had never notified the MPCA of the storage tank's existence within 30 days of its installation, as is required by law, nor was the tank clearly labeled, showing the substance stored and the tank's capacity, as Minnesota rules require.
The MPCA inspector found that on June 27, 2010, another company had an overfill of approximately 50 gallons when it transferred diesel fuel to a Master Transfer tanker truck at the Master Transfer facility. Although the other company immediately began cleanup activities, neither it nor Master Transfer reported the spill as required by law. Master Transfer reported the spill on June 29, only after city of Brooklyn Park staff observed and reported evidence of the spill.
Master Transfer again failed to report a spill on January 14, 2012, when one of its trucks hit a stoplight post at the intersection of Highway 81 and West Broadway in Brooklyn Park. The incident resulted in a spill to the soil of about 40 gallons of diesel fuel from the truck’s damaged saddle tank.
Minnesota law requires that anyone spilling a substance or material which, if not recovered, would pollute waters of the state, to immediately report the spill to the MPCA via the Minnesota Duty Officer. This enables MPCA staff to evaluate the adequacy of the spill response by the responsible party and, if necessary, require additional cleanup measures.
As a result of the settlement, Master Transfer Co., has developed a spill-response plan, submitted documentation verifying that it will immediately report releases to the Minnesota Duty Officer, trained its staff on spill-reporting requirements and spill-response procedures, and submitted documentation that it has properly cleaned up and managed the soil at its facility that was contaminated by spills of diesel fuel. Master Transfer also paid a $10,000 civil penalty to the MPCA.
A stipulation agreement such as this one between the MPCA and Master Transfer Co., is one of the tools that the MPCA uses to achieve compliance with environmental laws. When calculating penalties, the agency takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to the appropriate authorities. The MPCA also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner. For a comprehensive list of enforcement actions by the MPCA, go to the agency’s quarterly summary of enforcement actions webpage.
MPCA Fines Environmental Violators $2.7 million in 2012
In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency (MPCA) concluded 64 enforcement cases in 39 counties throughout Minnesota during the fourth quarter of 2012.
Penalties from all 64 cases totaled just over $730,000. For all of 2012 the MPCA completed 214 cases totaling more than $2.7 million. Nearly 10% of that total was spent toward the completion of supplemental environmental projects (SEPs), which are often included in enforcement actions. SEPs are intended to provide extra environmental and public health benefits. They are projects that regulated parties agree to do in settling enforcement actions, but are not otherwise legally required to complete.
Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff continue to provide assistance, support and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.
Pennsylvania Announces Final Air Quality Permit for Natural Gas Operations
The revised general permit includes significantly lower allowable emission limits than the previous general permit, called GP-5.
DEP also announced it will accept public comment on a proposed plan approval and operating permit exemption for air emission sources at well drilling sites. Well sites would only be eligible for the exemption for the air quality plan approval process if the wells will meet emission control and monitoring criteria that are stricter than federal air quality rules for controlling wellhead emissions. The plan approval authorizes construction of facilities that emit certain types and amounts of pollutants.
“Pennsylvania has seen improved air quality over the past decade, and the United States led the world in greenhouse gas emission reductions over the past five years, in great part due to shale gas,” DEP Secretary Mike Krancer said. “This shift in the way we approach emissions will help us continue these trends.
“The steps we are taking now mean far lower emissions at well sites and more efficient compressor stations, resulting in cleaner air as development, production, and transmission take place,” he said. “DEP’s effective and robust oversight will deliver on the promise of cleaner air from the increased use of natural gas.”
The final revisions to GP-5, which were developed after considering public comment, impose emissions limits that are 75 to 90% stricter than current limits for the largest, most common types of engines used at compressor stations. Notably, the revised permit also affords operators the ability to install controls to achieve even lower emissions, allowing for the use of additional engines.
“Essentially, we are doing much more by setting these limits as a line the operator cannot cross. This is an improvement in air quality protection,” Krancer said. “We are also determining compliance based on the facility’s actual emissions, instead of equating the permit’s limits with the facility’s emissions, as was previously done.”
Operators of facilities permitted by the GP-5 must demonstrate that their facilities continue to be minor sources as defined by the Clean Air Act, allowing for operational flexibility.
DEP is also proposing a revision to one section of its air quality permit exemption list that governs which types of facilities do need to obtain a plan approval prior to construction. The proposed exemption would apply to wellheads and their associated storage tanks.
The proposed exemption requires drillers to control emissions more stringently and conduct leak detection on the entire wellhead, which is more comprehensive than is currently required by federal air quality rules for oil and gas development. The EPA released these rules, called New Source Performance Standards, in April 2012.
Operators of all newly drilled oil and gas wells would be required to decide between demonstrating eligibility for the exemption or applying for a plan approval after the proposed exemption regulations are finalized.
Formal notices announcing the final revised GP-5 and the proposed exemptions to air quality plan approval regulations will appear in the February 2 edition of the Pennsylvania Bulletin. DEP will accept comments on the proposed changes until March 19.
Independent Metals Fined for Oil Spill
The Washington Department of Ecology (Ecology) has fined Independent Metals Co., (Independent Metals) $5,000 for failing to report and properly clean up an oil spill last October at the company’s dock on the Duwamish Waterway in Seattle.
The spill occurred as workers unloaded a piece of machinery from a barge to the dock on October 31, 2012, at the metal-recycling company’s facility at 816 S. Kenyon St. About 10 gallons of diesel oil spilled from the machinery onto the dock. A worker used detergent and a hose to scrub the dock and rinse the oil into the river. The company did not report the oil spill.
“The detergent and rinsing flushed all the spilled oil into the river. This mixes and spreads the oil in the water. Proper spill response methods prevent or minimize the spread of oil,” said Dick Walker with Ecology’s spill response section, who investigated the incident. “Prompt reporting helps ensure a fast response that uses the right methods. Both are critical. Most, maybe all, of this spill could have been kept out of the river or at least contained at the site.”
State and federal laws require the prompt reporting of all oil spills and ban the use of detergents or other chemicals that dissolve and disperse oil. Ecology learned of the spill on November 2 when citizens noticed sheen—a thin coating of oil—on the water downriver. In a coordinated effort, city of Seattle spill responders traced the sheen to the Independent Metals facility, and Ecology conducted an on-site investigation.
Independent Metals may appeal the penalty to the Washington State Pollution Control Hearings Board.
Oil is toxic to marine life, even in small quantities. A quart of oil can contaminate 100,000 gallons of water. The Duwamish Waterway is the site of several environmental cleanup and restoration projects, including the state-federal Lower Duwamish Superfund cleanup, and is a salmon stream used for tribal fisheries.
Silver Bell Mining, LLC Agrees to $110,000 Settlement for Water Quality Violations from Spill
The Arizona Department of Environmental Quality announced that Silver Bell Mining, LLC, has agreed to pay a $60,000 penalty and perform preventive actions valued at $50,000 as part of a consent judgment to resolve water quality violations caused by a June 2010 spill from a pipeline at its Silver Bell Copper Mine near Marana in Pima County.
The actions agreed to by Silver Bell Mining to prevent future spills from pipelines include drafting and implementing a pipeline operations and maintenance manual covering more than 20 miles of pipelines; performing periodic pipeline physical inspections, tests and repairs; and training employees on proper procedures for fusing pipe segments together.
A rupture in a welded pipeline seam allowed 70,000 gallons of highly acidic solution, containing about 4,000 pounds of sulfuric acid and dissolved metals, to escape into a dry wash on Silver Bell property. The solution moved nearly one mile before being captured by a storm water impoundment, also on mine property. Pollutants in the discharge exceeded Arizona aquifer water quality standards for fluoride, arsenic, beryllium, cadmium, chromium, nickel, and selenium.
Silver Bell Mining workers reacted quickly and contained the discharge on the property, recovering 13,000 gallons of liquids and removing 650 cubic yards of contaminated soil. Silver Bell also completed actions to prevent future similar pipeline ruptures, by reducing the radius of curvature in bends in its pipelines, installing equipment to decrease pipeline operating pressures, and changing the surface grades around pipelines to direct any future flows away from washes and into lined impoundments.
“This was a serious spill but Silver Bell reacted responsibly to contain it and clean it up and developed a plan to keep this from happening again,” said ADEQ Director Henry Darwin.
The consent judgment is subject to court approval.
ADEQ Files Appeal Regarding EPA’s First Action on State of Arizona’s 2011 Regional Haze Implementation Plan
Arizona Department of Environmental Quality announced that the State Attorney General’s Office has filed an appeal at the request of ADEQ with the 9th US Circuit Court of Appeals regarding the EPA’s decision to disapprove portions of the state’s implementation plan for improving visibility in protected national parks and wilderness areas, and mandating costly air pollution controls for nitrogen oxide emissions from three coal-fired Arizona power plants.
ADEQ submitted a proposed air quality plan to EPA in February 2011 that detailed how the state intended to reduce haze in protected national parks and wilderness areas. EPA was required by the Clean Air Act to approve or disapprove the entire plan by August 2012.
In accordance with a court-approved consent decree between EPA and a number of environmental groups, EPA split its decision into two parts, taking final action on the first part on December 5, 2012, to impose strict controls on nitrogen oxide emissions at Apache Generating Station near Benson, Cholla Power Plant near Joseph City, and Coronado Generating Station between St. Johns and Springerville. Costs for the stringent controls are estimated to be around $1 billion and would not improve visibility in Grand Canyon National Park or other protected areas.
“We are not challenging EPA’s right to act on our State Implementation Plan,” ADEQ Director Henry Darwin said. “But what we are challenging is EPA replacing Arizona’s decision with its own on an issue not related to protecting public health and the environment, but visibility. As is provided under the Clean Air Act, the State of Arizona should be making decisions about what is in its best interest, not EPA.”
In August 2011, EPA was sued by a number of environmental groups for failing to approve regional haze plans for 40 states, including Arizona. ADEQ successfully intervened in the lawsuit in January 2012, but was shut out of negotiations that resulted in a consent decree settling the matter. Despite Arizona’s objections, the court for the District of Columbia upheld the consent decree between the plaintiffs and EPA. Arizona’s appeal of the consent decree is still pending in the D.C. Circuit Court of Appeals.
On December 21, 2012, EPA proposed its second decision on Arizona’s plan. Comments regarding this proposed decision were due on or before February 4, 2013.
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Trivia Question of the Week
Scientists are able to monitor air pollution using which kind of plant?
a. Lichens
b. Mushrooms
c. Pine trees
d. Carrots